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

 

MINUTES

College Station City Council

Workshop and Regular Meetings

Thursday, November 15, 2001 at 3:00 p.m. and 7:00 p.m.

City Hall Council Chambers, 1101 Texas Avenue

College Station, Texas

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

STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, OTIS Director Piwonka, Human Resource Director O’Connell, Economic Development Director Foutz, Fire Marshall Mies and Staff Planner Hitchcock

Mayor McIlhaney called the workshop meeting to order at 3:10 p.m. with all councilmembers present.

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

No items were discussed.

Workshop Agenda Item No. 2 -- Presentation, discussion and possible action regarding extension of contract for an additional year between Dean International and the City of College Station, and expansion of scope of services for same contract.

City Manager Tom Brymer introduced David Dean and Stan Lynch, Transportation Consultants from Dean International.

Mr. Dean referred to a packet that included transportation items that occurred during 2001. In this packet, included brochures to upcoming meetings and the 5th Annual Texas Transportation Summit.


Mr. Lynch outlined the Current Service Agreement. The efforts and tasks performed by Dean International and the city staff in 2001 were:

Mr. Lynch stated that the expanded scope of services for 2002 include identifying funding sources for project evaluation and prioritization.

Numerous comments from councilmembers related to the proposed high-speed rail, TEX 21 transportation efforts, the slow response by TXDOT to expedite many of the prioritized projects, need to identify funding sources other than the traditional sources that may be allocated from the City of College Station. Concerns also related to College Station paying for this study alone. It was expressed that this study should include other entities' input and funds.

Councilmember Garner made a motion to direct staff to return with a contract renewal agreement with Dean International for an expanded scope of services in 2002 at a December council meeting. Motion seconded by Councilmember Massey, which carried unanimously, 7-0.

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

AGAINST: None

City Manager Brymer reiterated the council's expectations to include in the scope expansion the need to work on multiple projects simultaneously with greater emphasis in funding sources and surface transportation.

Workshop Agenda Item No. 3 -- Presentation, discussion and possible action on the Employee Health Benefits Plan. Vision Statement #1, Strategy #4, "pursue competitive, cost effective, high quality health insurance benefits."

Mayor McIlhaney was not present during the discussion of this item.

Director of Human Resources Julie O'Connell described the medical rates received from Scott and White and CIGNA for the calendar year 2002 insurance program. Council members suggested staff consider a partnership with other entities in the area in order to provide better services and rates to its employees.

Council will consider the award of bid at the special meeting on November 26, 2001. Anne: partnering with another and have two plans that are not self-funded.

No action was taken.

Workshop Agenda Item No. 4 -- Presentation, discussion and possible action regarding a change in the funding policies for the purpose of acquiring public art for future public buildings and parks.

Mayor McIlhaney returned to the meeting.

OTIS Director Linda Piwonka discussed funding policies for council consideration of public art at public buildings and community parks.

 

Councilmembers directed staff to utilize the current policy that directs the City Manager to include in the budget process the appropriation of funds for public art.

Councilman Massey pointed out that there are citizens who have expressed to him their lack of support to spend tax dollars on art in public places.

Workshop Agenda Item No. 5 -- Presentation, discussion and possible action regarding the establishment of criteria for evaluation of City-owned property.

Assistant City Manager Glenn Brown outlined a systematic program that identity’s all City-owned land and determine its usefulness to the City. Criteria have been developed to evaluate all property as to its current or future utility to the City. Property identified with limited potential uses will be considered for selling through the appropriate legal processes. Once the process is established, it will be initiated every third year.

Staff has identified seven (7) parcels that are vacant with no identified use. A number of the parcels with no identified use are being considered for economic development purposes.

Council directed staff to move forward with staff recommendations.

Workshop Agenda Item No. 6 -- Council Calendars

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

City Council Special Meeting, 11/26, 12:00 p.m.

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

City Council/Planning and Zoning Commission Joint Meeting - UDO, 12/14, 9:00 a.m.

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

Christmas in the Park Lighting Ceremony, 11/30, Central Park

Workshop Agenda Item No. 7 -- Hear Visitors

Mayor McIlhaney opened the floor for public comment. No one spoke.

Agenda Item No. 8 -- Executive Session will immediately follow the workshop

meeting in the Administrative Conference Room.

At 6:00 p.m. Mayor McIlhaney announced that the Council would convene into executive session pursuant to Sections 551.071, 551.072 and 551.074 of the Open Meetings Act to seek to the advice of the city attorney with respect to pending and contemplated litigation, to consider the purchase of real property and to consider the appointment and evaluation of public officers as.

Consultation with Attorney {Gov’t Code Section 551.071}; possible action

The City Council may seek advice from its attorney regarding a pending and contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement

 

offer or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed:

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

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. Sale of City property at Church Avenue and Wellborn Road; Lots 1-11 and 22 of block 11 of the W.C. Boyett Estate Partition

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 Attorney’s Evaluation

2. City Manager’s Evaluation

Workshop Agenda Item No. 9 -- Final action on Executive Session, if necessary.

Council recessed from executive session at 6:57 p.m. and reconvened the executive session following the regular meeting agenda.

Regular Meeting

Item No. 10:

Mayor McIlhaney called the meeting to order at 7:04 p.m. She led the audience in the pledge of allegiance. Rev. Danny Duron, chaplain from the College Station Police Department provided the invocation.

 

Assistant City Manager Glenn Brown introduced the Texas A&M University Student Advisory Council.

Consent Agenda

11.1 Approved by common consent the minutes for City Council Special Meeting, September 21, 2001, September 26, 2001, October 5, 2001 and October 22, 2001, workshop and regular meeting, October 25, 2001 and November 1, 2001.

11.2 Bid No. 00-09 - Approved by common consent the renewal of the annual agreement for diesel and gasoline fuel for city vehicles and equipment with Brenco Marketing for an estimated annual expenditure of $386,305.00. Fuel costs will be expensed to individual departments as used and budgeted.

11.3 Bid No. 02-05 - Approved by common consent Resolution No. 11-15-01.11.3 approving a construction contract for the Graham Road Rehabilitation Project Phase II, ST-0001. Award to the lowest, responsible bidder meeting City of College Station Standard Bid Documents and Contract Requirements, TexCon, Inc. in the amount of $1,387,073.00. Funds available and budgeted in the Drainage Utility and General Obligation Funds.

11.4 Approved by common consent the purchase of an easement interest in real property needed for the installation of a water transmission pipeline and authorizing the Mayor to execute the Real Estate Contract to effect the conveyance. Parallel Water Transmission Pipeline Project, Phase II (WT-0005).

11.5 Approved by common consent Resolution No. 11-15-01-11.5 granting specific City staff the authority to administer City Ordinance No. 2058 - TCA Franchise Agreement.

11.6 Approved by common consent expanding the agreement between the City of College Station and Fulbright and Jaworski L.L.P. to expend an additional $100,000 for legal services associated with the hotel/conference center project in the Highway 30/60 corridor. Councilmember Garner abstained.

11.7 Approved by common consent Change Order No.2 to the Spring Creek Sanitary Sewer Phase 2 construction contract with Young Contractors for a total contract reduction of $52,795.25

11.8 Approved by common consent a request for oversize participation and construction costs in the amount of $70,623.91 for the extension of Victoria Avenue and a 12-inch water line from the point of intersection at Graham Road to just beyond where Victoria will cross the North Fork of Lick Creek, approximately 1,150 feet.

Regular Agenda

Regular Agenda Item No. 12.1 -- Public hearing, discussion and possible action to obtain citizen customer feedback relating to the renewal of the Cox Communication's franchise agreement.

Mayor McIlhaney announced the public hearing will now start regards to the Cox Cable hearing. This is a public hearing held pursuant to notice on the request by TCA Holdings II. L.P. Limited Partnership during business as Cox Communications, to renew its franchise to provide cable

service in the City of College Station. Cox Communication has submitted their request for the City to start a formal proceeding under Section 626 of the Federal Cable Act, which affords

the public appropriate notice and participation for the purpose of (A) identifying the future cable-related community needs and interests and (B) reviewing the performance of Cox Communications under the franchise with that City during the current franchise term. This hearing is started as part of the response to that request.

At this time we will receive comments or documents from members of the public on the matters I has just described.

Office of Information & Technology Director Linda Piwonka explained that staff has no formal presentation, however this is the beginning of the process. Ms. Piwonka received a number of e-mails from citizens that could not attend the public hearing. The citizens requested their comments be placed in the public record. Ms. Piwonka and Mr. Charlie Shear will read the comments at the end of the public hearing.

Mayor McIlhaney asked the citizens in the audience to come forward to voice their comments or concerns.

Linda Ray, 15590 Whites Creek Lane, I am representing the CSISD. I am a director and over see the Public Access Channel. For the last four years the school and the City of College Station has a partnership with the city and share a public access channel provided by Cox Communications. The access channel is used as a tool to foster communications with the schools parents and the community. It has been a wonderful opportunity for the district and the school would like to continue that relationship, both with the City and Cox Communications. One point we would like to add an access point from the school district. Right now we use a modem to send out data to the city. If it would be possible in the reorganization, it would make it easier for the school to have an access point. We would at least like to continue at the level that we presently have.

Less Palmer, 904 University Oaks Blvd., not being knowledgeable with their renewal application, is there a line item in their budget for community involvement and community expenditures. As I think of other entities that do business in Bryan/College Station and Brazos County do allocate a certain amount of funds. I would like to find out if that is a part of the renewal application. If they make some type of comment to supporting community works in the community.

Mayor McIlhaney asked Linda or Charlie if they could address that. Mayor McIlhaney stated I do not believe it is part of our franchise in the past and I do not know if the cable act allows us the do this.

Mr. Charlie Shear announced the City would inquire about this.

Benito Flores-Meath, 901 Val Verde Drive, I am not currently a cable subscriber; I was at one time many years ago and was not happy with Community Cable Vision. My wife and I purchased a satellite dish because there were more of what we wanted and less than on cable. A lot of people are looking for highspeed internet access, it use to be you could go through a modem line which is real slow, you can go to a cable modem which is very fast, you can have

DSL which does not work everywhere in town (does not work in my house) or you can go satellite. Right not now we are going to lose AT&T Wireless Service so you are back down to a cable modem or a phone line. To be able to get cable modem service you have to have basic

cable, even if you do not want to use it. I have a satellite dish and an antenna, I do not need any other channels, I have everything as it is. But to get the Internet Access I would have to pay for basic cable service. I would like to see a way of getting access with out having to pay for basic cable. Now I have been told that it has to do with the fact that you have to have some channels come though because of the way the cable modem works, the use of information of one channel is actually where they send information. If they can block a lot of the premium channels there is not reason why they could not also block the basic channels and simply not provide you video and just give you just the information you need. I would be very happy to pay for it. It would be a great plus. You look around town there is a lot of satellite dishes all over town and every single one of those people would be eligible to get highspeed Internet access to their house without having to go through a phone line, which is slow or expensive equipment. That's all we are asking.

Marianne Oprisko, 14125 Renee Lane, I addressed the council the last time this came up because I was pulled to the side by someone who knew this was coming up and said yes we know you had a problem with them. And the problem is I live out in the center of the city, you may not believe it but it is in the middle of the city south of the Medical Center. When we were annexed into the city I came up and informed the council that we needed cable. The cable is down the street 500 feet, why can I get cable. First I was not in the City, then I was in the City but I am rural, then I am down the road and the lines do not necessarily go there. Then they were Bryan lines, now they are College Station lines. A lot of excuses, we still do not have cable. And everyone that is out there right now either has the DSS Dish or Wireless One. They provide everything we need when it comes to the stations. I am in the seconded highest place in the county, all I need to do is put the antenna up and turn it and I get Waco, Dallas, and Houston. I do not care, but when you are talking high speed Internet if the city does not do what Benito is suggesting by blocking everything except a public access station or something like that and do the Internet there is no reason for cable. In fact there is no reason for anything except for Wireless One and the dishes. The City is trying to put all of our electrical lines underground to make it safer and to enhance the city, then cable is one more thing to get rid of. So the question is how much of a franchise do you want to give these folks that are not necessarily providing us with service. Right now I an in the center of the city, anyone south of me is the edge of the city, anyone east and west are also at the edges. When the franchise agreement is being consider think about what is needed for the growing areas for the City of College Station. The lines are already out there for the area they do cover. The competition is if they do not provide for someone that has five acres, then why do we need their service.

Col. R.E. Wilson, 4773 Stonebriar Circle, first of all I would like to say what a great job Cox does with our family entertainment and the internet service. There is one challenge with the Internet that he would like the council to look at when the city negotiates. If you are dependent in the Internet, I have spoken with people both business and private, when the Internet goes down your down. People like Sprint offers, if you go down and report it you get three days credit, which comes off your bill. I would like to see the Council to see that it is an negotiated fact that there will be some sort of penalty for not providing the time and if it is reported as down that is a public penalty for not providing the time so we can run our business, personal life and finances that type of thing. Thank you.

Ms. Piwonka stated there are several categories that we saw as a theme through the e-mails. There were some concerns about the programming and we have to keep in mind there are some restrictions on what we can do with programming as far as our franchise. But there are

some programming desires that Cox would want to look at in their business plan that have been identified through here. There are some concerns, which have been expressed by others here today, that the Internet is down and not as reliable as people would like to see it. There is a theme of lack of customer service and a long wait on the phone (from 20-30 minutes in some cases) on hold and then a concern by some that are in here that say that when they do get a person they have been treated rudely. The citizens expressed that Cox is under staffed for the type of activity that is going on in this community, that is why there long holds. There are concerns regarding billing. One citizen has called in over and over to correct a bill, finally it has been corrected. Ms. Piwonka noted that the city has had billing problems the past three months. They are trying to fix the problem but they don’t. There was a concern regarding the on-ling viewing guide that does not match the actual programming.

Mayor McIlhaney asked Ms. Piwonka to read their names for the public record.

Ginny L. Willett, 1404 Tara Court

Dale Hu, 1411 Richland Court

Amy Broussard, did not include an address

W.L. Huskey, 901 Ashburn

Elizabeth Shafer, did not include an address

Richard A. Startzman, 2009 Oakwood Trail

Norma L. Miller, 504 Guernsey

James J. Jochen, 2500 Raintree Drive

Kendra Reeder, did not include an address

Becky Michael, 9201 Shadowcrest Drive

Joy Froyd, did not include an address

John McClellan, 732 Royal Adelade Drive

Mrs. Dale Hutchcraft, 3302 Bahia

Mr. Wallace Phillips, Castlegate Communities, a developer extremely frustrated that he was not able to negotiate service to the new community. He received rude behavior when he asks why.

Ray Burns, 4603 Oakmont Circle

Charles E. Magnuson, did not include an address

Betty DeKorne, 1516 Jesmine Court

Joan Maffei, did not include an address

Anthony Brown, did not include an address

Sharon Jasper, 1601 North Bluebonnet Circle

Tessa Howington, 1700 George Bush #303

William Harris, 4516 South Highway 6

Kathleen Ireland, did not include an address

Gerald Mitchell, did not include an address

Rita Dunnam, did not include an address

Mrs. Jane Donaldson, did not include an address

Judith Rowe, 3004 Brothers Blvd.

 

 

 

Mayor McIlhaney asked if copies of the e-mail being made available to Cox. Ms. Piwonka replied yes, also Council has a copy at their places. Ms. Piwonka requested the copies be put be placed in the official record.

Mayor McIlhaney stated the citizen’s e-mail’s would be part of the public record and the minutes of this meeting.

Mr. Tom Kintrell, Director of Governmental Affairs for Cox Communication’s, from Taylor, I am here with the General Manager Tom Way. He thanked the Council for holding the public hearing; it gives us the opportunity to get feedback from the customers. Sometimes we do not know so of the things that are going on. So it is really a good thing for us as well. We look forward working with you through this process; we are open to any ideas or suggestions that you may have and we would like to reserve the right to respond to all of these at a later date after we investigate them and find out what is going on with them. Basically, I just would like to say thank you for holding the public hearing.

Mayor McIlhaney announced tonight’s hearing on Cox Communication’s cable franchise renewal request is not recessed but it will be kept open so we can continue to receive comments and may be continued at a later time and date.

Councilman Maloney remarked he had been contacted by a citizen stating his cable bill has increased from $25.00 to $40.00 per month without increasing services. Selective channeling would be beneficial.

Mayor McIlhaney thanked the citizens for coming to the meeting to voice their concerns.

Regular Agenda Item No. 12.2 -- Public hearing, discussion, and possible action on an ordinance rezoning for a 55.5014 tract of land located at 3500 University Drive East from M-1 Planned Industrial to C-B Business Commercial.

Staff Planner Molly Hitchcock stated on behalf of the City of College Station and TCA Realty Inc. is requesting this rezoning to prepare the property for future development. The approximately 55.5 acre tract is proposed to have offices with an accessory day center, a bank with a drive-through service, a hotel, conference center and performing arts center.

The Planning and Zoning Commission and staff recommend approval.

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

Mayor Pro Tem Mariott made a motion to approve Ordinance No.2531 rezoning 55.5014 acres of land located at 3500 University Drive East from M-1 Planned Industrial to C-B Business Commercial. Motion seconded by Councilmember Maloney, which carried unanimously, 7-0.

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

AGAINST: None

 

 

Regular Agenda Item No. 12.3 -- Presentation, discussion and possible action on an ordinance amending Chapter 10 Section 4 of the College Station Code of Ordinances decriminalizing parking offenses, setting fees/fines and providing for parking violations to become civil offenses. The ordinance also contains provisions for immobilizing and impounding vehicles with three or more unpaid parking citations.

Fire Marshal Jon Mies described the proposed ordinance amending Chapter 10, Section 4 of the College Station Code. This ordinance amendment is designed to improve the collection and clearance rate for parking citations.

Staff recommended approval of the ordinance.

Councilmember Maloney made a motion to approve Ordinance No. 2532 amending Chapter 10, Section 4 of the College Station City Code. Councilmember Garner seconded the motion, which carried unanimously, 7-0.

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

AGAINST: None

Regular Agenda Item No 13 -- The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for 12/06/2001.

At 7:45 p.m. Mayor McIlhaney announced that the Council would reconvene into executive session pursuant to Sections 551.071, 551.072 and 551.074 of the Open Meetings Act to seek to the advice of the city attorney with respect to pending and contemplated litigation, to consider the purchase of real property and to consider the appointment and evaluation of public officers. Refer to executive session list previously mentioned.

Regular Agenda Item No. 14 -- Final action on executive session, if necessary.

The City Council concluded its executive session at 9:41 p.m. They returned into open session. No action was taken.

Regular Agenda Item No. 15 -- Adjourn

Hearing no objections, the workshop, regular and executive sessions were adjourned at 9:42 p.m.

PASSED AND APPROVED this 6th day of December, 2001.

APPROVED:

 

___________________

Mayor Lynn McIlhaney

ATTEST:

_______________________

City Secretary Connie Hooks