Mayor

City Council

 

 

Lynn McIlhaney

James Massey

 

 

Mayor Pro Tempore

Ron Silvia

 

 

Larry Mariott

Winnie Garner

 

 

City Manager

Dennis Maloney

 

 

Thomas E. Brymer

Anne Hazen

 

 

 

 

 

 

College Station, Embracing the Past, Exploring the Future

 

 

 

D R A F T

 

MINUTES

COLLEGE STATION CITY COUNCIL

Workshop and Regular Meetings

Thursday, January 25, 2001 at 3:00 p.m. and 7:00 p.m.

City Hall Council Chambers, 1101 Texas Avenue

College Station, Texas

 

COUNCIL MEMBERS PRESENT: Mayor McIlhaney, Mayor Pro Tem Mariott, Councilmembers Massey, Maloney, Silvia, Hazen and Garner

 

STAFF PRESENT:  City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, Director of Development Services Callaway, Director of Fiscal Services Cryan, Director Technology & Information Services Piwonka, Director of Public Services Smith, Assistant Director of Public Works/BVSWMA Director Smith, Project Coordinator Balmain, Director of Community Development Brumley, Budget and Strategic Planning Manager Kersten, Director of Public Utilities Woody, Staff Planner Jimmerson

 

Mayor McIlhaney called the workshop meeting to order at 3:09 p.m.

 

Agenda Item No. 1 – Discussion of consent agenda items listed for Regular Council Meeting.

 

10.09 Discussion and possible action on a Memorandum of Understanding with the Texas Transportation Institute to develop and implement Intelligent Transportation Systems in College Station. 

 

Mayor McIlhaney reported that this item was removed by staff for placement on a future agenda.

 

 

10.11 Electric Transmission and Wheeling Costs.

 

Electric Division Manager David Massey explained that the transition mechanism allowed the gradual increase in transmission rates over the past four years.  Funds were budgeted in the Public Utilities Electric Division operating budget. 

 

No action was taken. 

 

Agenda Item No. 2 – Presentation, discussion and possible action on proposed smoking ordinance.

 

City Attorney Harvey Cargill presented this item.  He explained that the Joint Legislative Committee held meetings to discuss revising the City of College Station and City of Bryan current smoking ordinances.  The proposed Ordinance revision presented at this meeting would provide more stringent guidelines for smoking in public places than the current ordinance.   He further stated that items mandated by state law are not part of the proposed smoking ordinance.   Mr. Cargill pointed out there are exceptions to the non-smoking ban in section B (2)  a-d listed below.   

·       Private social functions

·       Theatrical performances

·       Tobacco specialty shop

·       Bar or a bar area physically separate from a food establishment area

 

This proposed smoking ordinance provides that public places are non-smoking listed in Section C 1(a-i).  However, a person in charge may designate a smoking area between the hours of 10:00 p.m. and  6:00 a.m. in restaurants and cafeterias with a seating capacity greater than fifty persons; provided, the smoking areas cannot be greater than fifty percent of the seating capacity and there shall be a four foot separation between the smoking and non-smoking areas.  Restaurants and cafeterias of fifty or less shall not allow smoking.  Mr. Cargill emphasized that all public places are non-smoking unless it is classified as a bar. 

 

Mr. Cargill referred to the section in the ordinance that addressed owner and operator responsibilities.  At the direction of the Legislative Committee, this section read as follows:  “A person commits an offense if he is the owner, operator, manager or an employee of an establishment and he intentionally permits or fails to make a reasonable effort to prevent smoking in a “no smoking” area.” 

 

Council presented an overall viewpoint on this issue that conveyed their interest in preserving the safety, health, and welfare of its citizens by making changes to the current ordinance that are more restrictive and provide a better environment for restaurant patrons.   Council felt that the “bar area”  in a restaurant should not be an exception as mentioned above.  Council directed staff to prepare a draft ordinance for the joint meeting on January 30 with the City of Bryan for consideration that deletes “bar area” from the ordinance, providing for no smoking in these areas as well. 

 

Council also discussed a time frame before enforcement occurs. 

 

No official action was taken. 

 

Agenda Item No. 3 – Presentation, discussion and possible action on Vision Statement #3, Strategy #3, Implementation Plan – Initiate Multi-Family Recycling.

 

Jim Smith, Assistant Director of Public Works/BVSWMA presented a study that showed the technical and financial feasibility of implementing a multi-family recycling service in College Station.  Mr. Smith noted that the City of College Station residents will see an  increase of multi-family residents and therefore, increased demands for recycling options will occur.  Mr. Smith explained the objectives, success factors, approaches and the solution analysis.  Staff recommended a pilot program that will begin  February 1, 2001 – February 1, 2002. 

 

Councilman Silvia made a motion to direct staff to proceed with the pilot project as presented.  Motion seconded by Councilman Hazen, which carried by a vote of 7-0.

 

FOR:  Silvia, Hazen, McIlhaney, Mariott, Garner, Maloney and Massey

AGAINST: None

 

Agenda Item No. 4 – Presentation, discussion and possible action on the Information and Referral Services being provided by United Way’s First Call for Help” program.

 

Kay Parker with the United Way agency presented information on a new program called First Call for Help.  The program was established to provide a centralized directory to all types of services that are utilized by residents that need assistance.  She commented that in July 2000, the Federal Communications Commission approved phone number 211 for non-emergency calls.  Council asked questions about the public information campaign.  No official action was taken.

 

Agenda Item No. 5 – Council Calendars

 

Angelou Economic & Technology Forecast, Austin, 1/23

Breakfast with the Mayor, Jr. High and High School Students, 1/26, 7:30 a.m. - 9:30 a.m., Conference Center

TML Legislative Briefing, Austin, 2/5

Council Workshop and Regular Meetings, 2/8 and 2/22. 

Economic Development Conference, Dallas, 3/1

 

Agenda Item No. 6 – Hear Visitors.

 

Council did not receive any public comments. 

Agenda Item No.7 - Executive Session

 

At 4:55 p.m., Mayor McIlhaney announced that the City Council would convene into executive session 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.

 

1.  Cause No. 43,098-85, Brazos County - Bryan v. College Station

2.  Cause No. 96-03168, Travis County – Bryan, et al. v. PUC (intervention

3.  Cause No. 97-02587, Travis County – Bryan, et al v. PUC (intervention)

4.  Cause No. 98-13391, Travis County – Bryan, et al. v. PUC (intervention

5.  Cause No. 96-06940, Travis County – Bryan, et al. v. PUC (intervention

6.  Cause No. 97-07000, Travis County – TMPA v. PUC (intervention

7.  Cause No. 98-11817, Travis County – TMPA v. PUC (intervention

8.  Cause No. GN002343, Travis County – San Antonio v. PUC (intervention)

9.  Cause No. GN002513, Travis County – San Antonio v. PUC (intervention)

10. Cause No. 49,367-CCL2, Brazos County – Wilkerson v. College Station

11. Cause No. 50,943-CCL – Brazos County – College Station v. SSC

Development, et al., Civil

12. Action No. 01-98-011056-CV, Court of Appeals Gold v. College Station

13. Docket Nos. TX96-2-000 and TX96-2-001, FERC – College Station, applicant

14. Cause No. 50,813-85, Brazos County – College Station v. Phillips Swager Associates, Inc.; et al.

15. Cause No. 51,822-CC1, Brazos County  - Felder v. College Station

 

Competitive Matters {Gov’t Code Section 551.086}

1.  Assessment and Evaluation of the City of College Station’s ability to provide electric utilities service in the new market place.  A review of its strengths weaknesses – threats to its ability to provide electric utility service.

 

Real Estate {Gov’t Code Section 551.072}

1.  Community Park Land Acquisition

 

Personnel {Gov’t Code Section 551.074}

1.  City Secretary Annual Evaluation

 

Economic Incentive Negotiations {Gov’t Code Section 551.072}

1. Viatel Incentives

 

These minutes shall note that council did not receive any public comments. 

 

Council recessed from executive session at 7:00 p.m. and reconvened the executive session following the regular meeting agenda.

 


Regular Meeting

 

Mayor McIlhaney opened the regular meeting at 7:10 p.m.  All council members were present.  She led the audience in the pledge of allegiance.  Rev. A.C. Clark provided the invocation.

 

Consent Agenda

 

10.1     Approved by common consent the minutes for City Council workshop and regular meeting on January 11, 2001.

10.2     Bid No. 01-17 – Approved by common consent the purchase of four Thermal Imaging Cameras for the Fire Department.  Awarded to lowest, responsible bidder meeting specifications, Rescue Concepts, Inc. in the amount of $64,900.00.  Funds available and budgeted in the General Fund, Fire Suppression Division.

10.3     Bid No. 01-28 – Approved by common consent a resolution approving a construction contract for the Wolf Pen Creek Channel Improvements, Brush Clearing Operations.  Awarded to lowest, responsible bidder meeting specifications, Terra Services, Inc. in the amount of $24,975.00.  Funds available and budgeted in the Drainage Utility Fund.

10.4     Bid No. 01-29 – Approved by common consent the purchase of flow monitors for the Water/Wastewater Treatment Plant.  Awarded to lowest, responsible bidder meeting specifications, Macauley Controls Co., in the amount of $50,515.00.  Funds available and budgeted in the Sewer Fund.

10.5     Approved by common consent a real estate contract for the purchase of 205 George Bush Drive East and 1304 Foster.  The contract is in the amount of $112,000.  Funds available and budgeted in the George Bush East Widening Project.

10.6     Approved by common consent on a real estate contract for the purchase of a right-of-way easement and a utility easement for the Dartmouth Drive Extension Project for a total purchase price of $112,253.00.  Funds available and budgeted in the Dartmouth Drive Extension Project.

10.7     Approved by common consent an Interlocal Agreement for EMS First Responder Program between College Station, Bryan, and Brazos County Volunteer Fire Departments.

10.8     Approved by common consent an agreement with Fulbright and Jaworski L.L.P. to expend up to $50,000 for legal services associated with the hotel/conference center project in the Highway 30/60 corridor.   Councilman Garner abstained.

10.9     Discussion and possible action on a Memorandum of Understanding (MOU) with the Texas Transportation Institute (TTI) to develop and implement Intelligent Transportation Systems (ITS) in College Station.  Removed from agenda by staff.   No action was taken.

10.10   Approved by common consent Change Order #1 to the Eastgate Utility Rehabilitation Project to Young Contractors, in the amount of $32,415.00 for the re-routing of private water services.

10.11   Approved by common consent the authorization to increase funds available for Electric Transmission wheeling and loss payments for Year 2000 from $900,000 to $1,415,000.  Funds available and budgeted in the Public Utilities Electric Division operating budget.

10.12   Approved by common consent a resolution adopting a revised investment policy.    Councilman Garner abstained. 

10.13   Approved by common consent a resolution approving the reassignment of a professional services contract for Phase I design of Veterans Park and Athletic Complex from O'Malley Engineers to O'Malley Engineers, L.L.P.

10.14   Approved by common consent Ordinance No. 2486 amending Chapter 4, "Business Regulations", Section 7, "Ambulances", of the Code of City Ordinances.

10.15     Approved by common consent Ordinance No. 2487 amending Chapter 10 of the Code of Ordinances removing the daily maximum fee that can be charged at the Northgate Promenade Parking Lot. This amendment is required due to the equipment change on the lot from a master meter to individual space meters.

Regular Agenda

Agenda Item No. 11.1 – Public hearing, discussion and possible action on an ordinance rezoning 11.5 acres out of the Horse Haven Estates Subdivision from A-O agricultural Open and R-1, Single Family Residential to PDD-B, Planned Development District – Business, located on the north bound frontage road of Earl Rudder Freeway between Raintree Drive and Harvey Road.

 

Staff Planner Jessica Jimmerson stated that the applicant requested to rezone this property to allow for a large retail center on the site. The Land Use Plan and the East Bypass Plan showed this are to be Mixed Use.  The applicant began discussions with the City about this project prior to the kickoff of the East Bypass Study; however, the applicant did attempt to incorporate some of the suggestions of the study into the conceptual plan. 

 

Ms. Jimmerson explained two major differences between the East Bypass Plan and the aspects of this rezoning.  First, the East Bypass Plan discourages big box commercial development.  This development will be buffered by a four-acre floodplain that separates the existing residents.  Secondly, the East Bypass Plan recommended that parking be placed at the side or in the rear of buildings.  The applicant has stated that the subject property is not wide enough along the frontage road to allow for the building to be placed at the front of the property.  To compensate for this as well as to address the concerns over aesthetics in the East Bypass Plan, Academy proposed landscaping and streetscaping that is more than triple the current requirements in the ordinance. Staff concurred with the applicant’s proposal.   Planning and Zoning Commission and staff recommended approval.  

 

The following citizens spoke in opposition the rezoning.

David Pfannstiel, 8710 Greenleaf

Boyce Sorrell, 7704 Sherman Court

Brenda Sorrell, 7704 Sherman Court

Matthew Wendell, 2612 Sandelwood Court

Sherry Ellison, 2705 Brookway Drive

Jan Pfannstiel, 8710 Greenleaf

 

The following citizens spoke in favor of the rezoning

Bert Hermann, 2401 Earl Rudder Freeway, owner of property.   

Tim Dikes, architect for the project

 

Mayor McIlhaney closed the public hearing.

 

Mayor Pro Tem Mariott made a motion to approve Ordinance No. 2488 with staff recommendations rezoning 11.5 acres from A-O, Agricultural Open and R-1 Single Family Residential to PDD-B, Planned Development District - Business.  Motion seconded by Councilman Silvia, which carried by a vote of 7-0.

 

FOR: Mariott, Silvia, McIlhaney, Garner, Hazen, Maloney and Massey

AGAINST: None

 

Agenda Item No. 11.2 -- Presentation, discussion and possible action on an ordinance amending Chapter 9, College Station City Code, limiting replatting in subdivisions platted prior to July 15, 1970.

 

Director of Development Services Jim Callaway presented this item.  Mr. Callaway stated that the current moratorium on plat applications in the Eastgate and Southside areas would expire on February 15, 2001.  The Planning and Zoning Commission tabled the rezoning previously initiated to place the Neighborhood Preservation Overlay into effect. 

 

The proposed ordinance amendment provides an alternate measure for addressing residential infill issues in older area and amends the subdivision regulations, limiting replats in residential subdivisions for which plat were filed for record prior to July 15, 1970.  He explained the exceptions where plats can be considered:

 

 

These measures will not prevent infill development in older subdivisions, but will limit residential infill with density based on area lot widths.  Unplatted property is not affected and could be platted and developed in accordance with current stands.  This section, if adopted, will expire on January 1, 2002.

 

Staff recommended approval of the ordinance.

 

The following persons addressed the council with concerns regarding the proposed ordinance amendment.

Dock Burke, 502 West Dexter,

Mike Luther, 1614 Welch

Benito Flores-Meath 901 Val Verde

 

Councilman Maloney made a motion to table this item until the February 8, 2001 meeting.  Motion seconded by Councilman Hazen, which carried by a vote of 7-0.

 

FOR: Maloney, Hazen, McIlhaney, Mariott, Garner, Silvia and Massey

AGAINST: None

 

Agenda Item No. 11.3 -- Public hearing, discussion and possible action on an ordinance amending the City of College Station 2000-2001 Budget by $1,388,552 in various funds; and authorizing an increase in the maximum limit of approval for expenditures by the City Manager from $15,000 to $50,000.

 

Budget and Strategic Planning Manager Jeff Kersten described the appropriations proposed in the ordinance amending the FY 01 Budget outlined below: 

 

 

 

 

 

 

 

 

 

Mayor McIlhaney opened the public hearing.  No one spoke.  Mayor McIlhaney closed the public hearing.

 

Mayor Pro Tem Mariott made a motion to approve Ordinance No. 2489 amending the budget by $1,388,533 in various funds.  Motion seconded by Councilman Massey, which carried by a vote of 7-0.

 

FOR: Mariott, Massey, McIlhaney, Hazen, Garner, Maloney and Silvia

AGAINST: None

 

Agenda Item No. 11.4 -- Presentation, discussion and possible action on appointments for College Station representatives on the Joint Relief Funding Review Committee and College Station Representatives on the B-CS Library Committee.

 

Councilman Silvia made a motion to appoint David Decker to a three-year term for membership on the Joint Relief Funding Review Committee.  Motion seconded by Mayor Pro Tem Mariott, which carried unanimously, 7-0.

 

FOR:  McIlhaney, Mariott, Massey, Garner, Silvia, Maloney, Hazen

AGAINST:  None

 

Councilman Maloney made a motion to change the terms of membership on the Joint Relief Funding Review Committee to calendar year, January through December.    Seconded by Councilman Silvia, which carried unanimously, 7-0.

 

FOR:  McIlhaney, Mariott, Massey, Garner, Silvia, Maloney, Hazen

AGAINST:  None

 

Councilman Silvia made a motion to appoint Shirley Watts and Charles Smith to

two-year terms on the B-CS Library Committee.   Motion seconded by Mayor Pro Tem Mariott, which carried unanimously, 7-0. 

 

FOR:  McIlhaney, Mariott, Massey, Garner, Silvia, Maloney, Hazen

AGAINST:  None

 

Agenda Item No. 12 -- Executive Session.

 

At 9:06 p.m., Mayor McIlhaney announced that the City Council would convene into executive session pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated litigation and to consider the appointment and evaluation of public officers.  Refer to executive session list previously mentioned.

 

 

 

Agenda Item No. 13 -- Final action on executive session, if necessary.

 

The council concluded its executive session at 9:48 p.m.  They returned to open session. 

 

Councilman Maloney made a motion to increase the City Secretary salary to $53,000 annually effective on anniversary date.  Motion seconded by Councilman Silvia, which carried by a vote of 7-0.

 

FOR: Maloney, Silvia, McIlhaney, Mariott, Hazen, Garner and Massey

AGAINST: None

 

Agenda Item No. 14 -- Adjourn

 

Hearing no objections, the workshop, regular and executive sessions were adjourned at 9:56 p.m.

 

PASSED AND APPROVED this 8th day of February 2001.

 

                                                                        APPROVED:

 

 

                                                                        ___________________

                                                                        Mayor Lynn McIlhaney

 

ATTEST:

 

 

______________________________

City Secretary Connie Hooks