City Council

Lynn McIlhaney

James Massey

Mayor Pro Tempore

Ron Silvia

Larry Mariott

Winnie Garner

City Manager

Dennis Maloney

Thomas E. Brymer

Anne Hazen



DRAFT                                   MINUTES

College Station City Council

Workshop and Regular Meeting

Thursday, March 8, 2001 at 3:00 p.m. and 7:00 p.m.

City Hall Council Chambers



COUNCILMEMBERS 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 Human Resources O’Connell, Budget and Strategic Planning Manager Kersten, Communications Manager Shear, Director of Public Services Smith, Director of Economic Development Foutz, City Planner Kee and Staff Planner Jimmerson


Mayor McIlhaney called the meeting to order at 3:12 p.m.


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


No items were removed for discussion.


Agenda Item No. 2 – Agenda Request by Councilmembers

(Legislative Affairs Committee: Councilmembers Massey, Garner and Hazen)

a.      Discussion and possible action on possible smoking ordinance amendments.


After a brief discussion, Council agreed not to place this item on a future agenda.


Agenda Item No. 3 - Presentation, discussion and possible direction regarding the development code update-Unified Development Code project.


Director of Development Services Jim Callaway and Duncan Associates representative Lee Einsweiler presented and discussed articles from the proposed Unified Development Code.  Key sections included:


·       Article 7: General Development Standards

·       Article 8: Subdivision Design & Improvements


These articles included the city’s current zoning and subdivision standards in the format of the proposed Unified Development Codes.  Mr. Einsweiler presented recommendations relating to the above articles.  Key points included the following recommendations for additional standards:


·       Residential Protection Standards

·       Architectural Review Standards

·       Contextual Development Standards

·       Subdivision Access Standards

·       Connectivity Requirements


Mr. Callaway explained that the remaining articles should be received prior to the workshop and will be distributed for later review.  These were:  


·       Article 9.  Nonconfomities

·       Article 10. Enforcement

·       Article 11. Definitions


Upon receipt of the remaining three articles, staff will coordinate a joint review between subgroups comprised of members from Council, Planning and Zoning Commissioners and staff.


No formal action was taken.


Agenda Item No 6 - Hear Visitors


At 5:45 p.m., Mayor McIlhaney opened the floor for public comment.


Earnest S. Camp, 1809 Sabine Court, owner of Wolf Pen Bowling Center, asked for clarification regarding the smoking ordinance.  Mr. Camp asked the Council to consider an amendment to include designated smoking areas for bowling centers.  He stressed the importance of a designated smoking area and inquired about an extension of the ordinance from March 28, 2001 until April 1, 2001 due to the current bowling league contracts.


Jeannie Baggett, 9310 Amberwood Court, stated that the city staff met with the residents of Amberwood and she wished that the owners of the hotel were as attentive as the city.  In the meantime, the hotel construction is continuing and the residents of Amberwood Court still have the same concerns regarding the hotel elevation, lighting, and safety.


Dr. Jeff Hart, 9306 Amberwood Court, passed out a handout regarding Section 8.10 of the Zoning Ordinance.  Dr. Hart pointed out that the Zoning Ordinance states that the owner of commercial land should erect a fence that properly screens adjacent to residential lots from adverse influences such as noise, vehicular lights, trespassing and other adverse influences.  Also, all lighting fixtures used to illuminate an off-street parking area shall be arranged to direct the light away from any adjoining residential premises.  As of this date, the fencing and lighting do not comply with the zoning ordinance. 


Michelle Hart, 9306 Amberwood Court, addressed fencing and safety issues regarding children playing in the back yards of the adjacent property to the Marriott. 


James Russell, 9302 Amberwood Court thanked the City Council and staff for their cooperation and help.  He stressed the importance of proper fencing; lighting shields and inquired about building permits issued to a potential restaurant near the site. 


Raymond Noel, 9310 Amberwood Court, stressed safety issues regarding children playing within the back yards of the adjacent property to the Marriott. 


Anne Jackson, 313 Church Street, owner of Finders Keepers addressed the council regarding an accident in the parking spaces on Church Street by Vaughn Construction.  Due to the accident, Ms. Jackson stressed this is a safety issue regarding her employees.  She suggested the City contact Vaughn Construction or Richard Benning about paying for parking stickers so her employees can park in the parking lot. 


O.J. Beard Jr., 13813 Renee Lane addressed the council regarding Regular Agenda Item No. 11.1 rezoning of 87.316 acres in the Bella Vista Subdivision.  He addressed concern regarding the east/west collector along the southeast border.


Agenda Item No. 5 - Council Calendars


Special Council Meeting, Citizen Committee Review, 3/7

Council Workshop and Regular Meetings, 3/22, 4/12

Strategic Planning Retreat, 5/14-5/15


Agenda Item No. 7 - Executive Session


At 6:13 p.m., Mayor McIlhaney announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.074 and 551.086 of the open meetings act, to seek the advice of the City Attorney, the evaluation of public officer, and economic development negotiations. 


Consultation with Attorney {Gov’t Code Section 551.071}

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

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

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

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

15. Cause No. 52,434-361, Brazos County – College Station v. Wolf Pen Creek, Ltd., et al.


Economic Incentive Negotiations {Gov’t Code Section 551.086}

1.               Viatel

2.               Hotel/Conference Center/Performing Arts Center

3.               Big Box Retail


Personnel {Gov’t Code Section 551.074}

  1. Zoning Board of Adjustment


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 councilmembers were present with the exception of Councilmember Massey.  He arrived later in the meeting.  She led the audience in the pledge of allegiance.  Associate Pastor Deborah Proctor from A&M United Methodist Church provided the invocation.


Mayor McIlhaney read the proclamation for Sever Weather Awareness and RACES Recognition.  Mr. Brian Brumfield and Dick Zimmer accepted the proclamation.  Mayor McIlhaney read the Clean Texas 2001 Award.  Mark Smith, Samantha Betten and Jennifer Nations accepted the



Consent Agenda


10.1     Approved by common consent the minutes for City Council workshop and regular meeting on February 22, 2001 and special meeting on January 30, 2001.

10.2     Approved by common consent a real estate contract for the purchase of 103 George Bush Drive East.  The contract is in the amount of $71,000.  Funds available and budgeted in the George Bush East Widening Project.

10.3     Approved by common consent a Change Order #2 on the College Main Parking Garage. An increase of the contract amount with Vaughn Construction by $28,441 for a total of $5,024,242.00.  Funds available and budgeted in the Northgate Parking Fund.

10.4     Approved by common consent an Interlocal Agreement with the City of Bryan for the supply of water to either party for emergency use through various interconnections between the municipal water supply systems.  Funds available and budgeted through Northgate Water Rehabilitation Project.

10.5     Approved by common consent a Memorandum of Understanding with Texas A&M University to facilitate mutual support of each organizations 800 MHz radio system.  Each entity is responsible for the maintenance of their own equipment.

10.6     Approved by common consent a Memorandum of Understanding (MOU) with the Texas Transportation Institute (TTI) to develop and implement Intelligent Transportation Systems (ITS) in College Station.  TTI will be the lead agency and responsible for overall project management.  College Station will be responsible for implementation, operations and maintenance of their facilities.

10.7     Approved by common consent a resolution stating the City of College Station’s opposition to legislation aimed at lengthening the State Sales Tax holiday.


Regular Agenda

Agenda Item No. 11.1 - Public hearing, discussion and possible action on a rezoning request for 87.316 acres in the Bella Vista Subdivision, located northwest of the intersection of Wellborn road and the future Highway 40, from A-O Agricultural Open to R-1, Single Family Residential; R-3, Townhome, R&D, Research and Development, and M-2, Heavy Industrial. 


Staff Planner Jessica Jimmerson presented this item.  Ms. Jimmerson stated that the applicant is requesting approval of the rezoning request to enable the development of a residential subdivision and some additional industrial property as shown on the Land Use Plan.  The Land Use Plan shows this area as medium density single family residential and industrial.  The areas proposed for rezoning to R&D are clearly indicated on the Land Use Plan as future industrial areas.  R&D is the least intense use of the currently available industrial zoning districts, and includes buffer standards as part of the zoning requirements. 


The proposed M-2 zoning for the 1.2879 acres is a minor deviation from the Land Use Plan.  Staff sees this as an opportunity to provide more of a transition area between the existing M-2 development along Graham Road and the proposed residential development, M-1 in this location, with buffer requirements.  


The Land Use Plan shows the residential areas as medium density single family residential with a corresponding density of 3-6 dwelling units per acre.  The proposed development, mixing single family residential and townhomes, has an approximate density of 5.5 dwelling units per acre.


The Thoroughfare Plan shows a major collector, Victoria along the northeast boundary of the subject property, as Highway 40.  The exact location of an east-west collector along the southwest border of the property in the vicinity of the southeast border of the property has not been determined at this time.  A neighborhood meeting was held on February 20, 2001 to discuss the issue of the location of the east-west collector.  The actual location will be resolved through the platting process. 


The Planning and Zoning Commission and staff recommended approval with the following conditions: 

·       The proposed M-2 property should be rezoned to M-1.

·       A forty-foot buffer, with 3 canopy trees on each lot, should be required between the existing M-2 and the proposed R-1.

·       A forty-foot buffer should be required between the tract recommended to the rezoned

M-1, and the proposed R-1.  This buffer should be 20 ft. on either property and include 3 canopy trees on each residential lot, as well as, additional landscaping on the industrial site to R&D minimum standards.

·       A condition of the rezoning of the 3.3855 tract to R&D should be that the street connection to Graham must be made by the developer, thus allowing access to this industrial site without going through a residential areas.

·       A condition of the rezoning of the 1.2879 industrial tracts should be that primary access should not be allowed through the residential area.


Councilman Massey arrived at 7:40 p.m.


Mr. Steve Arden, applicant for Bella Vista Subdivision, stated that they agree with the recommended conditions.


Mr. Lawrence Link, owner of property on Graham Road, stated he is agreeable with the recommend zoning of M-1.


Mayor McIlhaney opened the public hearing.


The following citizens spoke in opposition of the proposed east-west collector.

Philip Beard, 1404 Austin Avenue

Helen Szabuniewicz, 1004 Shady Drive

O.J. Beard, 13813 Renee Lane


Mayor Pro Tem Mariott moved to approve Ordinance No. 2495 with staff recommendations listed above.  Motion seconded by Councilman Garner, which carried 6-0. 


Council directed staff to work with the Planning and Zoning Commission on the east-west collector; if any amendments arise they are to come before the City Council. 


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



Agenda Item No. 11.2 - Presentation, discussion and possible action on a resolution approving a construction contract and Change Order 1 for the Wastewater Treatment Plant Capacity Expansion at the Lick Creek WWTP and construction of a regional Water/Wastewater Plant Operations Control and Training facility located at the Carter Creek WWTP.  Recommend award to the lowest, responsible bidder meeting specifications, Bryan Construction, for the bid amount of $10,533,500 and Change Order 1 deduct in the amount of $342,140.00.  The revised total cost of construction is $10,191,360.00.


Water/Wastewater Division Manager Dale Schepers introduced Mr. Allen Woelke, P.E., CDM Design Engineer, Camp Dresser & McKee.  He presented an overview of the Lick Creek Wastewater Treatment Plant improvements.  Mr. Woelke explained by completing the improvements the plant will operate cleaner; increase capacity to 2.0 million gallons per day with less labor.  Also included at this site is the Water Production and Wastewater Treatment SCADA control facilities, plant management and systems support staff.   The total construction cost is $10,191,360.00, if approved the construction will be completed by Bryan Construction Co.


Mayor Pro Tem Mariott moved to approve Resolution No. 03-08-01-11.02 approving a construction contract and Change Order 1 for the Wastewater Treatment Plant Capacity Expansion at the Lick Creek WWTP and construction of a regional Water/Wastewater Plant Operations Control and training facility.  Motion seconded by Council Massey, which carried unanimously, 7-0. 


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



Council recessed at 8:25 p.m.


Council reconvened at 8:30 p.m.


Agenda Item No. 11.5 – Presentation, discussion and possible action regarding a comprehensive e-Government Strategy Plan development by GKG.NET.


OTIS Director Linda Piwonka stated that GKG.NET developed a comprehensive e-Government Strategy Plan.  The plan will assist city departments in the development of strategies that balances personal customer service with technology.  The plan outlines a tactical roadmap for future implementation of automated customer service via web and telephone technology.  Recommended initiatives include electrical outage notification, traffic citation payments, utility bill payments, parks program registration, building permit tracking, zoning notification and outbound dialing notification.  If approved a three-year E-Government Plan will be developed and considered as part of the FY 02 budget with on going operations and maintenance costs.


Mr. Alec Pointer with GKG.NET answered questions from the City Council.


Councilman Silvia made a motion to accept the three-year E-Government Plan as presented.  Motion seconded by Councilman Massey, which carried unanimously, 7-0. 


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



Agenda Item No. 11.3 – Presentation, discussion and possible action on an update of the pay plan salary survey results.  This is Vision statement #1, Customer Focused city Service and Strategy #1, Create a Motivating Work Environment.


Director of Human Resources Julie O’Connell presented an overview of the 2001 pay-plan salary survey.  Ms. O’Connell stated the Council adopted the Pay Policy in 2000 that included $1,744,000 in benefits.  This year a survey was conducted in January 2001 using the TML web-site database of City salary information.  The same methodology for data analysis was used that our consultant used last year.  Staff looked at 83 benchmark positions and surveyed 15 Cities.  Recommendations for pay play plan changes are based on our policy of being competitive in the market, and that our midpoints will approximate the 60th percentile of actual salaries paid in the market.  The survey showed:


·       The minimum entry salaries are 7.6% below

·       Midpoint (60thpercentile) is 8.0% below

·       Maximum salaries are 9.5% below


Based on the survey results, staff presented two recommendations:


·       Adjust pay scales based on full market adjustment, one year implementation 1/1/02

·       Move employees in relation to Scale movement

·       Continue funding skills, performance and competency pay

·       Allows us to keep pace with market and retain competitiveness


Total Cost for FY 2001:

Market Adjustment                                          $1,576,449

Skills Performance Competency                     $1,136.985

Total (with salaries benefits)                          $2,713,484


Alternative Staff Recommendations:


·       Adjust pay scales over a two-year period (1/1/02 and 1/1/03)

·       Move employees in relation to scale movement

·       Continue funding for skills, performance and competency pay

·       Allows more availability of resources for other service level adjustments


Total Cost for FY 2001

Market adjustment                                           $ 788.250

Skills performance/competency                      $1,136,985

Total (with salaries benefits)                          $2,925,235


The Financial Forecast Implications are a one-year implementation of market adjustments, which will use most of ongoing available resources.  The growth rate impacts the ability to provide existing and new services.  Also, policy and management choices will need to be made to adequately fund the Pay Plan while maintaining Operations and Maintenance cost.


Councilman Maloney made a motion to proceed with the market adjustments and continuation of the skills, performance, and competency pay plan to maintain our competitive position in the market within a one-year period.  This item will return to Council during the budget process.   Motion seconded by Councilman Silvia, which carried by a vote of 7-0.


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



Agenda Item No. 11.4 – Presentation, discussion and possible action regarding street design standards.  Vision 8, Strategy #3 a and Vision 6, Strategy #1a:


Director of Public Works Mark Smith presented an overview of street design standards.  Mr. Smith stated that the objective of the study is to determine if current street design standards are adequate in terms of long-term maintenance demands and life cycle costs.  The issue is raised because there are incidents of streets in need of significant repair within five years of their construction.  Most of the pavement failures in College Station are not due to traffic loading exceeding in design strength of the pavement.  The majority of pavement failures are due to moisture intruding into and weakening the pavement structure. 


Mr. Smith outlined options to improve the performance of our streets:

§       enhancing pavement thickness

§       more stringent control of material installation

§       requiring site specific pavement designs

§       the installation of moisture barriers

§       requiring concrete streets and increased maintenance activities. 


Staff recommended concrete streets and increased pavement thickness. 


Council directed staff to meet with local developers.      


Agenda Item No. 11.6 – Presentation, discussion and possible action on Vision Statement #8, Strategy #2, Implementation Plan – Identify areas to foster types of development and create incentives.


Development Services Director Jim Callaway presented this item.  He stated this issue was discussed at a joint workshop meeting of the City Council and Planning and Zoning Commission on September 28, 2000.  Council identified four specific points for further review.  Several of the options were identified for Council consideration:  


1.  Development code incentives through the ongoing code review project to encourage development of higher density multifamily housing in locations away from existing residential areas.

a.  Develop overlay districts or establish district standards to provide incentives for higher density housing in locations such as the Northgate Redevelopment Areas.

b.  Establish residential protection standards to increase setbacks, buffers and screening requirements adjacent to residential areas.


2.  Provide adequate infrastructure for development or redevelopment of higher density residential housing in appropriate areas including:


a.  Northgate.

b.  The area bounded by Wellborn Road, FM 2818 and Luther West.


3.  Consider limited use of tax abatement for large-scale residential rehabilitation, restoration and redevelopment.

a.  Supplement Northgate infrastructure and facilities improvement with a redevelopment abatement program.

b.  Identify historical neighborhoods for a possible restoration/rehabilitation abatement program for multiple, adjacent properties.


Council directed staff to proceed with Options 1 and 2.   


Agenda Item No. 7 – Presentation, discussion and possible action on appointments to Zoning Board of Adjustments.


This item was discussed during the executive session .


Agenda Item No. – 12 - Executive Session


At 10:23 p.m. Mayor McIlhaney announced that the Council would reconvene into executive session pursuant to Sections 551.071, 551.074 and 551.086 of the open meetings act, to seek the advice of our City Attorney with respect to pending and contemplated litigation, to consider the appointment and evaluation of public officers, and consider economic development matters.  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 11:45 p.m. on March 8, 2001.  Councilman Garner made a motion to appoint Leslie Hill as Chairman of the Zoning Board of Adjustments until the term ends in May 2001. Motion seconded by Councilman Silvia, which carried unanimously, 7-0. 


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



Agenda Item No. 14 - Adjourn


Hearing no objections, the workshop, regular and executive sessions were adjourned at 11:46 p.m. on March 8, 2001. 


PASSED and APPROVED on this 12th day of April 2001.





                                                                                    Mayor Lynn McIlhaney






City Secretary Connie Hooks