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

 
 

 

MINUTES

College Station City Council

Workshop and Regular Meetings

Thursday, November 1, 2001 at 3:00 p.m. and 7:00 p.m.

City Hall Council Chambers

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

STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, Senior Assistant City Attorney Nemcik, City Secretary Hooks, Budget and Strategic Planning Manager Kersten, OTIS Director Piwonka, Director of Fiscal Services Cryan, Director of Public Works Smith, Director of Public Utilities Woody, Electric Division Manager Massey, Parks and Recreation Director Beachy

Mayor McIlhaney called the workshop meeting to order at 3:05 p.m. with all Councilmembers present.

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

Staff removed Consent Agenda Item No. 11.1 from the agenda for consideration on November 15 agenda.

Workshop Agenda Item No. 2 – Presentation, discussion and possible action on an update to City Council regarding the rail relocation study being administered by the MPO office.

City Planner Jane Kee and Michael Parks from the Metropolitan Planning Organization presented an update on the local rail economic feasibility and location study. Mr. Parks discussed options for the relocation of the railroad tracks within Bryan/College Station, Brazos County or possibly Burleson County. The purpose of this item was to receive council feedback on the options presented.

Comments by council members reflected a lack of support for the options proposed. Some comments focused on the viability of grade separations at significant intersections. Also, council members discussed various funding sources for this very expensive project. Council members indicated a desire to look at additional options.

No action was taken.

Council recessed for a short break at 4:20 p.m. The meeting reconvened at 4:28 p.m.

Workshop Agenda Item No. 3 -- Presentation, discussion and possible action regarding code enforcement enhancements and property standards policy alternatives (Vision Statement 3, Strategy 1, implementation plan b, Vision Statement 8, Strategy 1, implementation plan c).

Director of Development Services Jim Callaway presented two implementation plans from the FY 2001-2000 Strategic Plan.

1. Vision Statement 3, Strategy 1, implementation plan b addressed enhanced code enforcement. The implementation plan provided for a November 2001 presentation of survey findings regarding code enforcement programs in other university communities, including rental regulations.

2. Vision Statement 8, Strategy 1 implementation plan b related to development of standards for property maintenance and conditions. Included in this plan were discussions of the International Property Standards Code and policy alternatives.

Fire Marshal Jon Mies presented findings of a survey of Big 12 cities with code enforcement programs. He discussed the processes for proactive enforcement of codes.

Mr. Callaway discussed the current policies and practices for code enforcement. At this time, the department does not primarily deal with property maintenance or property improvement issues.

Building Official Lance Simms highlighted new standards in the International Maintenance Code.

Mr. Callaway pointed out that the city continues to deal with two common types of complaints: property conditions and behaviors. He emphasized the importance of distinguishing between behavior problems and property maintenance issues. There are no simple solutions to address the variety of problems identified through complaints. Licensing programs are the best approach to address certain types of property condition issues, particularly when combined with inspections; however, licensing programs are ineffective for addressing behavior problems.

Mr. Callaway recommended the following:

 

 

 

Councilman Hazen expressed concern regarding the lack of code enforcement and the process of eliminating parking on one side of the street in Southside area. Councilman Massey noted the importance of educating the citizens on the City’s current ordinances and regulations.

Council directed staff to assign this item to the December 6, 2001 workshop agenda for evaluation of an alternative plan for resource allocation and a possible service level adjustment.

Workshop Agenda Item No. 6 -- Hear Visitors

Mr. Mike Luther, 614 Welsh presented an article to council members and its relation to the animal control ordinance.

Workshop Agenda Item No. 4 -- Presentation, discussion and possible action on the General Fund Outside Agencies included in the FY 02 approved budget.

Council directed the City Manager to disburse funds for seven organizations in the amount of $94,500 as approved in the FY 02 General Fund Budget. The seven organizations were:

Workshop Agenda Item No. 5 -- Council Calendars

Ground Breaking Ceremony-Veterans Park, 11/12, 11:00 a.m.

City Council Workshop & Regular Meeting, 11/15, 12/6, 12/20

TML Annual Conference, 11/28 – 12/1, Houston

Workshop Agenda Item No. 7 -- Executive Session

Mayor McIlhaney announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.072, 551.074, 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 public officer, and economic development negotiations.

Consultation with Attorney {Gov't Code Section 551.071}, possible action

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. GN002343, Travis County – San Antonio v. PUC (intervention)

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

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

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

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

Cause No. 52,434-361, Brazos County – College Station v. Wolf Pen Creek, Ltd., et al. Cause No. 28,765, Grimes County, Harold & Rosealice Trant vs Grimes County, City of College Station and City of Bryan

Lone Star Gas rate increase filed May 31, 2001.

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:

1. Hotel/Conference Center

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. BVSWMA Landfill Negotiations

Personnel {Gov’t Code section 551.074}; possible action

The City Council may deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of public officer. After executive session discussion, any final action or vote taken will be in public. The following public officers may be discussed:

1. City Manager’s Evaluation

Workshop Agenda Item No. 8 -- Final action on Executive Session, if necessary.

Council recessed from the executive session and returned to the regular meeting at 7:00 p.m.

Regular Meeting

Mayor McIlhaney opened the regular meeting at 7: 04 p.m. She led the audience in the pledge of allegiance.

Mayor McIlhaney presented a Certificate of Commendation to State Representative Fred Brown in recognition of his valuable support of Proposition 2 and Proposition 15 on the upcoming constitution amendment election.

Mayor McIlhaney read a proclamation for Bob Wiatt Day. Officer Scott Simpson and Scott McCollum accepted the proclamation on behalf of Mr. Wiatt.

Mayor McIlhaney read the proclamation for Veterans Day. Dr Craig Carter, President of the Memorial for all Veterans of the Brazos Valley, Inc. accepted the proclamation.

Consent Agenda

10.1 Discussion and possible action on the minutes for City Council workshop and regular meeting, October 25, 2001. Staff removed this item.

10.2 Bid No. 00-118 – Approved by common consent renewal of annual agreement for Pre-stressed Spun Cast Concrete Electrical Distribution Poles. Estimated annual expenditure to Stresscrete, Inc. is $90,701.00. Funds available and budgeted in the electric inventory; expenditures will be recorded in projects as the inventory is used.

10.3 Bid No. 02-14 – Approved by common consent the purchase of an automatic truck mounted pothole patcher body. Award to the lowest, responsible bidder meeting specifications, Cooper Equipment Co. in the amount of $83,250. Funds available and budgeted in the Fleet Replacement Fund.

10.4 Approved by common consent Change Order #3 in the amount of $100,000 for a Legal Services Contract with Paul G. Gosselink of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C. for the Brazos Valley Solid Waste Management Agency (BVSWMA). Funds available and budgeted in the BVSWMA Operating Budget.

10.5 Approved by common consent Change Order #4 in the amount of $100,000 for a Legal Services Contract with Robert D. Fowler for the Brazos Valley Solid Waste Management Agency (BVSWMA). Funds available and budgeted in the BVSWMA Operating Budget.

Agenda Item No. 11.5 -- Presentation, discussion and possible action on a development agreement between the City of College Station and TAC Realty Inc. for the Highway 30/60 corridor hotel and conference center project.

Councilman Garner abstained from this agenda item.

City Manager Tom Brymer explained the development agreement with TAC Realty. The development agreement outlined the responsibilities of both the City of College Station and TAC Realty regarding development of the hotel, conference center and corporate office. The city is responsible for the financing and construction of approximately 60,000 gross square feet of conference center space. TAC Realty is responsible for the financing and construction of a

 

 

300 + room full service hotel. There is approximately 21,000 square feet of shared facilities to be constructed by the City of College Station with costs to be shared by both the City and TAC Realty.

The terms of the contract expire on the latter of the Project Completion Date or performance by the Developer and City regarding their respective obligations.

The primary provisions in the agreement included the following:

Mr. Brymer noted that the contract provided for a $16 million construction cap for the conference center at the Design Budget stage of the project. Upon project bid, the maximum construction and equipment expense is limited to $18 million.

Staff recommended approval of the development agreement.

Mayor Pro Tem Mariott moved approval of the development agreement between the City of College Station and TAC Realty, Inc. for the Highway 30/60 corridor hotel and conference center project. Motion seconded by Councilman Massey, which carried unanimously, 6-0.

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

AGAINST: None

ABSTAINED: Garner

Council recessed the meeting at 7:43 p.m. The meeting reconvened at 7:48 p.m.

Agenda Item No. 11.1 -- Presentation, discussion and possible action concerning a resolution approving a construction contract for Veterans Park and Athletic Complex, Phase I construction. Recommend award to the lowest, responsible bidder meeting City of College Station bid documents and contract requirements, Acklam Construction Company, Inc. in the amount of $2,643,500. Funds available and budgeted in the Parks Capital Improvements Fund.

Parks and Recreation Director Steve Beachy provided a history of the project planning to date. On October 3, 2001, five sealed competitive bids were received for the construction of Veterans Park and Athletic Complex, Phase I. This base bid included two-lighted softball fields, four soccer fields and associated parking. Also included in the base bid were utilities, access roadways, basic landscaping, a restroom building at the soccer fields, and a small maintenance building. Three alternates were included in the bid.

 

Alternate I – two additional soccer fields for a total of six and associated parking for 110 vehicles.

Alternate II – Additional landscaping to include a large entry sign with planter, 190 additional trees, berms, additional irrigation, walks, bikes racks, lighting drinking fountains, and additional landscaped beds.

Alternate III – this alternative calls for a reduction in price that allows the substitution of a less expensive style metal roof in lieu of the specified Lok-Seam Panels on the two buildings included in the Project.

Budget Manager Jeff Kersten addressed the project funds available in the amount of $2,985,000.

Staff recommended approval of a resolution awarding construction contract to Acklam Construction Company, for Veterans Park, Phase I in the amount of $2,643,500. If the City Council desires to award the base bid and Alternate I, and Alternate 2 for a total bid award of $2,936,800, staff recommended the additional $251,000. Funds are available as follows:

Councilman Massey moved to approve Resolution No. 11-1-2001-11.1 approving a construction contract to Acklam Construction in the amount of $2,936,800 which included two lighted softball fields, six soccer fields (two lighted soccer fields) and additional parking. Motion seconded by Councilman Maloney, which carried unanimously, 7-0.

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

AGAINST: None

Agenda Item No. 11.2 -- Presentation, discussion and possible action on an ordinance amending Chapter 6, Section 1 of the Code of Ordinances adopting the 2000 International Fire Code including 28 local amendments and the 2000 Life Safety code also known as NFPA 101 as published by the National Fire Protection Association.

Fire Marshal Jon Mies presented an overview of the 2000 International Code, Local Amendments and 2000 Life Safety Code. The 2000 code will consolidate three model codes; Uniform Code, Building Officials, Code Administrators and the Standard Code. He described changes to the 2000 International Fire Code, 2000 Life Safety Code NFPA 101 and amendments to Chapter 6 of the Code of Ordinances.

Staff recommended approval of the 2000 International Fire Code, 2000 Life Safety Code and related amendments.

 

Mayor Pro Tem Mariott moved to approve Ordinance No. 2529 adopting the 2000 International Fire Code, 2000 Life Safety Code NFPA 101 and the proposed amendments to Chapter 6 Code

of Ordinances with an effective date of January 1, 2002. Motion seconded by Councilman Silvia, which carried unanimously, 7-0.

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

AGAINST: None

Agenda Item No. 11.3 -- Presentation, discussion and possible action on an ordinance amending Chapter 3 "Building Regulations", of the Code of Ordinances of the City of College Station, Texas by amending certain sections as set out, adopting the 2000 International Building, Plumbing, mechanical, Fuel Gas, Residential, Property maintenance and Energy Codes with related amendments.

Building Official Lance Simms presented the 2000 International Codes (Building, Plumbing, Mechanical, Fuel Gas, Energy, Residential, and Property Maintenance). The International Codes are designed to facilitate uniformity in building construction nationwide, adoption of the Codes will allow College Station to recognize the latest construction technology and techniques and it represents the future.

Mr. Simms noted that recent state legislation requires cities to adopt the 2000 International Residential Code and the 2000 International Energy Code by January 1, 2002.

Staff recommended approval of the changes to Chapter 3, Code of Ordinances, adoption 2000 International Codes and related amendments.

Mike Luther, 614 Welsh Avenue, supported the proposed codes and amendments. He encouraged council’s approval.

Mayor Pro Tem Mariott moved to approve Ordinance No. 2530 adopting the proposed amendments to Chapter 3, Code of Ordinances and the 2000 International Code with an effective date of January 1, 2002. Motion seconded by Councilman Silvia, which carried unanimously,

7-0.

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

AGAINST: None

Agenda Item No. 11.4 -- Presentation, discussion and possible action to consider adoption of the Eastgate neighborhood Plan.

Councilman Silvia moved to approve Resolution No. 11-1-2001-11.4 approving the Eastgate Neighborhood Plan. Motion seconded by Councilman Garner, which carried unanimously, 7-0.

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

AGAINST: None

 

Regular Agenda No. 12 -- The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for 11/1/01.

At 8:47 p.m., Mayor McIlhaney announced that the City Council would reconvene into executive session pursuant to Sections 551.071, 551.072, 551.074 and 551.087 to the open meetings act, to seek the advice of our City Attorney, to consider the purchase of real property, the evaluation of a public officer and to consider economic development negotiations.

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

Council concluded its executive session at 11:15 p.m. They returned to open session.

Councilman Maloney moved to increase the City Manager salary by 5% of base salary and deferred compensation for an increase of $140,700 annually. Motion seconded by Council Silvia, which carried unanimously, 7-0.

Regular Agenda Item No. 14 -- Adjourn.

Hearing no objections, the workshop, executive session and regular meetings were adjourned at 11:15 p.m.

PASSED AND APPROVED this 15th day of November, 2001.

APPROVED:

_____________________

Mayor Lynn McIlhaney

 

ATTEST:

________________________

City Secretary Connie Hooks