Agenda

College Station City Council

Workshop Meeting

Thursday, March 13, 2003 at 3:00 p.m.

City Hall Council Chambers, 1101 Texas Avenue

College Station, Texas

1. Discussion of consent agenda items listed for Regular Council Meeting.

6. Council Calendars

Council Transportation Committee Mtg, 3/11, Adm. Conference Room, 6:00 p.m.

City Council Workshop and Regular Meetings, 3/27, 4/10

Region X Mtg., 3/12, City of Smithville

Intergovernmental Committee Meeting, 3/17, Noon, Brazos County,

HTRI Business Appreciation Tour, 3/20, 10:00 a.m. – 12:00 p.m.

Citizen Committee Banquet, 3/21, CS Conference Center, 6:30 -9:00 p.m.

Intergovernmental Committee Meeting, 4/21, Noon, College Station

Don’t Mess with Texas Trash-off Day, 3/22

Health for All Luncheon, 3/28, 11:30 a.m.-1:00 p.m., Hilton

Battle of the Bands, 3/29, 4:00 p.m.-8:00 p.m., Palace Theatre

Intergovernmental Meeting w/CSISD, 4/25, 12:00 p.m.

Brazos Valley Regional Transportation Summit, 5/2, George Bush Presidential Library and Conference Center

Chamber of Commerce trip to Washington D.C., 5/4-8

7. Executive Session will immediately follow the workshop meeting in the Administrative Conference Room.

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:

The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed:

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. 98-11815, Travis County – Texas-New Mexico Power Co. v. PUC (intervention)

9. Cause No. 97-12392, Travis County – Central Power & Light Co. v. PUC (intervention)

10. Cause No. 97-12405, Travis County – Bryan v. PUC (intervention)

11. Cause No. 97-12401, Travis County – TMPA v. PUC (intervention)

12. Cause No. 97-12402, Travis County – San Antonio v. PUC (intervention)

13. Cause No. 97-10792, Travis County – TMPA v. PUC (intervention)

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

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

16. Cause No. GN000152, Travis County – TMPA v. PUC (intervention)

17. Cause No. GN200090; Travis County – Reliant Energy v. Big Country Electric Coop, et al.

18. Cause No. GN200100, Travis County – San Antonio, etc. v. Brazos Electric Power Coop, et al.

19. Cause No. GN200685, Travis County – TMPA v. PUC and City of Bryan (intervention)

20. Case No. 03-02-00462-CV, Court of Appeals –TMPA v. PUC (continued intervention)

21. Docket Nos. TX96-2-000, TX96-2-001, TX96-2-002, TX96-2-003, TX96-2-004, TX96-2-005, TX96-2-006, TX96-2-007, FERC – College Station, applicant

22. Docket No. 25197, Public Utility Commission – College Station request to set rates.

23. Docket No. 25395, Public Utility Commission – College Station (intervention)

24. Docket No. 26950, Public Utility Commission – College Station (intervention)

25. Docket No. 25002, Public Utility Commission – PUC application to set 2002 wholesale rates

26. Docket No. 26950, Public Utility Commission – College Station (intervention)

27. PUC Project No. 25937 – PUC investigation into possible manipulation of ERCOT market (respondent)

28. PUC Project No. 21927 – College Station request to maintain current certification

29. PUC Project No. 25591 – 2001 electric utility earnings reports (respondent)

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

31. Cause No. 28,765, Grimes County – Trant v. Grimes County, College Station and Bryan

32. Case No. G-02-108, U.S. District Court – Lester v. College Station and Piersall.

33. Cause No. 02-001292-CV-85, Brazos County – Municipal Drilling vs. College Station

34. Cause No. 02-001154-CV-85; Brazos County – Weisinger Water Well v. Municipal Drilling, Evergreen National Indemnity Company and College Station

35. Cause No. 02-001291-CV-361, Brazos County – Piersall v. College Station and Feldman

36. Cause No. 02-000247-CV-272, Brazos County – Dean Ranch v. Bayliss, et al. v. College Station and Contract Land Staff

37. Cause No. 02-002223-CV-361, Brazos County – DeSantiago v. College Station

38. Cause No. 02-002445-CV-272, Brazos County – Evelyn L. Bruce v. College Station, C.D. Henderson, Inc., and Scott Elliott, d/b/a Elliott Construction

39. Seek advice regarding City’s legal rights regarding Cox Cable.

40. Discussion of legal obligations and rights regarding an encroachment to city property at 2305 Kendal Green.

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. For the purchase of real property, for the extension of Barron Road, located near Highway 6 across from Cypress Meadow Subdivision.

Personnel {Gov't Code Section 551.074}; possible action

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

1. City Council Evaluation

Competitive Matter {Gov’t Code Section 551.086}; possible action

The City Council may deliberate, vote, or take final action on a competitive matter in closed session. The City Council must make a good faith determination, by majority vote of the City Council, that the matter is a Competitive Matter. A "Competitive Matter" is a utility-related matter that the City Council determines is related to the City of College Station’s Electric Utility Competitive Activity, including commercial information, which if disclosed would give advantage to competitors or prospective competitors. The following is a general representation of the subject(s) to be considered as a competitive matter.

1. Marketing Plans and Strategy for College Station Electric Utilities

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. The proposed city conference center and associated privately developed hotel.

8. Final action on Executive Session, if necessary.

APPROVED:

City Manager Thomas E. Brymer

I certify that this agenda was posted on the bulletin board at the Municipal Building, 1101 Texas Avenue, College Station, Texas on March 10, 2003 at 10:00 a.m.

City Secretary Connie Hooks

This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Internet website http://www.ci.college-station.tx.us/, Cable Access Channel 19 and The Eagle.

Agenda

College Station City Council

Regular Meeting

Thursday, March 13, 2003 at 7:00 p.m.

City Hall Council Chamber, 1101 Texas Avenue

College Station, Texas

9. Pledge of Allegiance, Invocation

Consider request for absence from meeting

Presentation: Don’t Mess with Texas Trash-Off Day

9.1 Hear Visitors: You may talk to the City Council for three (3) minutes on city issues not on the posted agenda. The City Council by law cannot discuss the issues you present tonight. The City Council after hearing you, may ask the City Manager to look into the issue, or place the issue on a future agenda for discussion. Please give your name and address for the record before you talk to the City Council and register with the City Secretary after speaking.

Consent Agenda

10.1 Discussion and possible action on the minutes for City Council special meeting, February 7, 2003, workshop and regular meeting, October 24, 2002 and February 27, 2003.

10.2 Bid No. 03-47 – Discussion and possible action on a resolution approving a construction contract for Electric System Improvements to Texas Electric Utility Construction in the amount of $151,510.19.

10.3 Bid No. 03-50 – Discussion and possible action on the purchase of street signs and materials for a total award of $84,381.20.

10.4 Contract 03-066 – Discussion and possible action on a resolution approving a consultant contract for professional services necessary to achieve regulatory compliance with the Bioterrorism Response Act to be performed by Malcolm Pirnie, Inc.

10.5 Discussion and possible action on a request to obligate an additional $75,000 to Texas Municipal League Intergovernmental Risk Pool for the City’s run off claims for workers compensation.

10.6 Discussion and possible action approving the purchase of real property needed for Barron Road in the amount of $115,000 (plus closing costs) and authorizing the Mayor to execute the Real Estate Contract to effect the conveyance for the property.

10.7 Discussion and possible action on an interlocal agreement with the Brazos Valley Council of Governments for joint purchasing.

10.8 Discussion and possible action on an extension and amendment to the Technical Services Agreement between the City of College Station and Crestline Hotels & Resorts, Inc.

10.9 Discussion and possible action on the first reading of a franchise agreement with Stericycle for the collection and disposal services for treated and untreated medical waste.

10.10 Discussion and possible action on proposed resolution supporting HB 1089, providing for authorization to charge a fee to provide facilities for disabled access.

Regular Agenda

11.1 Presentation, discussion and possible action receiving the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2002.

11.2 Public hearing, discussion and possible action on an ordinance adopting the Unified Development Ordinance (UDO).

11.3 Public hearing, discussion and possible action on an ordinance adopting a Conditional Use Permit – Use Only for the expansion of a nightclub, Fox and Hound, located at 505 University Drive, Suite 307.

11.4 Public hearing, discussion and possible action on an ordinance for a Conditional Use Permit-Use and Site for the Seventh Day Adventist Church located at 1350 Earl Rudder Freeway.

11.5 Presentation, discussion and possible action on a resolution containing a written policy regarding utility extension outside the city limits.

12. Discussion, review and possible action regarding the following meetings. Brazos County Health Department, Brazos Animal Shelter, Brazos Valley Council of Governments, Bryan/College Station Economic Development Corporation, Capital Improvement Program Citizen Advisory Committee, Cemetery Committee, College Station Business Development Corporation, Façade Improvement Program Advisory Committee, Historic Preservation Committee, Intergovernmental Committee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Transportation Committee, Wolf Pen Creek Oversight Committee, and Zoning Board of Adjustments. (See attached posted notices for subject matters)

13. The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for March 13, 2003.

14. Final action on executive session, if necessary.

15. Adjourn.

If litigation issues or attorney-client privileged information issues arise as to the posted subject matter of this City Council Meeting an executive session will be held.

APPROVED:

City Manager Thomas E. Brymer

I certify that this agenda was posted on the bulletin board at the Municipal Building, 1101 Texas Avenue, College Station, Texas March 10, 2003 at 10:00 a.m.

City Secretary Connie Hooks

This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Internet website http://www.ci.college-station.tx.us/, Cable Access Channel 19 and The Eagle.