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June 12_ 2003 - Council Agendas and Minutes

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June 12_ 2003 - Council Agendas and Minutes Powered By Docstoc
					                                    DRAFT MINUTES
                                College Station City Council
                             Workshop and Regular Meetings
                     Thursday June 12, 2003 at 3:00 p.m. and 7:00 p.m.
                      City Hall Council Chambers, 1101 Texas Avenue
                                   College Station, Texas

COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Hazen, Council members
Massey, Happ, Mears

COUNCIL MEMBERS ABSENT: Council members Wareing and Maloney

STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney
Cargill, Jr., City Secretary Hooks, Budget and Strategic Planning Director Kersten, Director of
Fiscal Services Cryan, Water/Wastewater Division Manager Schepers, Economic Development
Director Foutz, Director of Development Services Templin, City Planner Kee, Fire Marshal
Mies, Assistant to the City Manager Alexander and Assistant City Secretary Casares

Mayor Silvia called the workshop session to order at 3:00 p.m.

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

8.2 – RFP 03-58 – Discussion and possible action on letter agreement with Ingram, Wallis &
Company for Professional Auditing services.

Director of Fiscal Services Charles Cryan described the rotating senior partners position with
Ingram, Wallis & Company.

Workshop Agenda Item No. 2.-- Presentation, discussion and possible action on issues
raised by the Council at the May 22, 2003 City Council Workshop meeting. These items
include the following:

a. Draft Strategic Plan

Budget and Strategic Planning Director Kersten addressed this item. The mission statement was
revised to state: "On behalf of the citizens of College Station, home of Texas A&M University,
we will continue to promote and advance the community's quality of life." He described
additions and deletions regarding the Core Values and Vision Statements.

b. The role and scope of College Station Business Development Corporation
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Director of Economic Development Kim Foutz answered questions of the council. Council
member Mears noted that a sub-committee met with Ms. Foutz and discussed the role and scope
of the College Station Business Development Corporation. It was determined by the sub-
committee that the College Station Business Development Corporation should be disbanded.
They also recommended to restate the board with new bylaws, meet on annual basis and create a
council policy committee.

Following further comments by Council, staff was directed to draft a new set of bylaws and
retain the current board composition until the council established further direction.

c. Emergency Management needs, including 911 and low band radio system

911 Executive Director Greg Petry provided an update of the Brazos County 911 emergency
management radio systems.

Planning and Research Coordinator Bart Humphreys noted that the Federal Communications
Commission licenses emergency and public information radio stations to broadcast non-
commercial, voice message on the AM radio band. FCC rules provide a 10-year renewable
license in the community’s name and a 9.3-mile protection zone inside which no other
community can operate on the same frequency. The effective range for one station is a 3 to 5
mile radius. Synchronized transmitters can be added to expand the coverage area. During non-
emergency times, the stations can inform listeners about street repairs, upcoming events and
visitor information.

The geographic shape of our community indicates a two-transmitter system would be necessary
to provide adequate coverage to our residents. Possible transmitters sites are the College Station
Police Department building and the Greens Prairie Road water tower. The estimated budget for
an AM Emergency Advisory Radio System is $30,075.00.

d. City Ordinance restricting smoking in public places

City Manager Tom Brymer clarified council procedures for amending the smoking ordinance.

Fire Marshal Jon Mies presented a brief overview of the creation of the City’s current ordinance
regarding smoking in public places. Council discussed the ordinance and the prohibition of
smoking at Wolf Pen Bowling Alley.

Council member Happ moved to add the smoking ordinance to a future agenda for further
deliberation. Motion seconded by Council member Mears. Motion failed 2-3.

FOR: Happ, Mears
AGAINST: Silvia, Massey, Hazen
ABSENT: Maloney and Wearing




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Council recessed at 4:50 p.m. for a short break and returned to the regular meeting at 5:05 p.m.

e. Intergovernmental Committee agenda

Council member Massey presented a brief overview of the intergovernmental work plan and the
Intergovernmental Committee agenda. He noted the need to appoint a council member to fill a
vacancy.

f. Policy on naming City Facilities

After a brief discussion, Council directed staff to draft a policy on naming city facilities.

g. Research Valley Partnership Recruitment

Council placed this item on the July 10, 2003 council agenda.

Workshop Agenda Item No. 3 -- Discussion and possible action on future agenda items – A
Council Member may inquire about a subject for which notice has not been given. A
statement of specific factual information or the recitation of existing policy may be given.
Any deliberation shall be limited to a proposal to place the subject on an agenda for a
subsequent meeting.

Council member Happ moved to include the Research Valley Partnership Recruitment Board of
Directors appointment to the July 10, 2003 council meeting. Motion seconded by Council
member Hazen, which carried unanimously 5-0.

FOR: Silvia, Massey, Happ, Mears, Hazen
AGAINST: None
ABSENT: Maloney and Wearing

Workshop Agenda Item No. 4 -- Council Calendars
United Way Compass II Visioning Session, 6/12, 11:30 a.m., Cypress Grove Intermediate
School
Summer Fest, 6/20, 5:30 p.m. – 9:00 p.m., Adamson Lagoon
MDA Telethon Executive Lock-up, 6/26, 10:00 a.m. – 3:00 p.m., Café Eccel
Council Meetings, 6/26, 7/10, & 7/24
Brazos Valley Rehabilitation Center’s “Swing Fore It” Golf Tournament, 7/7,
TML Newly Elected Officials Orientation, 7/25 – 7/26, Austin, Texas
Texas 2003 Transportation Summit, 8/13 – 8/15, Irving Texas

Council reviewed upcoming calendar of events.




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Agenda Item No. 5 -- Executive Session will immediately follow the workshop meeting in
the Administrative Conference Room.

At 5:44 p.m., Mayor Silvia announced in open session that the City Council would convene in
executive session pursuant to sections 551.071 and 551.087 of the Open Meetings Act, to seek
the advice of the city attorney with respect to pending and contemplated litigation 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. 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.   Cause No. GN300714, Travis County – TMPA v. PUC and City of Bryan (intervention)
21.   Case No. 03-02-00462-CV, Court of Appeals –TMPA v. PUC (continued intervention)
22.   Case No. 03-02-00701-CV, Court of Appeals – TMPA v. PUC (continued intervention)
23.   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
24.   Docket No. 25197, Public Utility Commission – College Station request to set rates.
25.   Docket No. 25395, Public Utility Commission – College Station (intervention)
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. 02-001154-CV-85; Brazos County – Municipal Drilling vs. College Station
34    Cause No. 02-001291-CV-361, Brazos County – Piersall v. College Station and Feldman
35.   Cause No. 02-002223-CV-361, Brazos County – DeSantiago v. College Station
36.   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
37.   Cause No. 03-000617-CV-272, Brazos County – TCA Holdings, et al. v. College Station
38.   Cause No. 03-CV-129115, Fort Bend County – College Station v. Contract Land Staff, Inc.
39.   TXU Lone Star Gas Rate Request.

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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.

Workshop Agenda Item 6 -- Final action on executive Session, if necessary.

Council recessed from executive session at 6:48 p.m. and returned to open session. No action
was taken.

Regular Meeting: Item No. 7

Mayor Silvia called the regular meeting to order at 7:00 p.m. He led the audience in the pledge
of allegiance. Council member Scott Mears provided the invocation.

Council member Happ made a motion to approve the absence request from Council members
Maloney and Wareing. Mayor Pro tem Hazen seconded the motion, which carried unanimously,
5-0.

For: Silvia, Massey, Happ, Mears, Hazen
AGAINST: None
ABSENT: Maloney and Wareing

Item No. 7.1: Hear Visitors:

Council did not receive any public comment.

Consent Agenda

8.1    Approved by common consent the minutes for City Council Special Meeting May 7,
       2003 and May 19, 2003 and workshop and regular meeting May 22, 2003.

8.2    RFP 03-58: Approved by common consent the letter of agreement with Ingram, Wallis
       & Company for professional Auditing Services.

8.3    Bid No. 03-62: Approved by common consent annual bid for heavy equipment rental
       with Mustang Rental Services of Bryan, Texas in the amount of $100,000.00.

8.4    Bid No. 03-63: Approved by common consent the award of contract to United Roofing
       to re-roof the second story of both the City Hall and Police Department buildings in the
       amount of $49,875.00.


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8.5   Bid No. 03-70 -- Approved by common consent Resolution No. 6-12-2003-8.5
      approving a contract to replace one Screw Lift Pump at the Carter Creek Wastewater
      Treatment Plant in the amount of $290,400.00

8.6    Bid No. 03-77: Approved by common consent annual agreement for purchase of
       padmount/polemount transformers maintained in inventory in the amount of $489,287.38.

8.7    Change Order #1: Approved by common consent to increase the contract amount
       $100,000.00 by change order for a total contract amount not to exceed $500,750.00 for
       the installation of new water and wastewater service taps.

8.8    Approved by common consent Ordinance No. 2635 adopting policies and procedures to
       ensure the identification, security and confidentiality of electronic bidding and reverse
       auctions.

8.9    Approved by common consent an interlocal agreement with the Innovations Group
       National Purchasing Alliance for the purpose of purchasing of supplies, materials,
       services and other benefits to the City as authorized by statute.

8.10   Approved by common consent Change Order 1 for electronic bidding in the amount of
       $11,500: Service Contract No. 03-032 with Vision Internet, Inc for web site development
       services.

8.11   Approved by common consent a utility joint use agreement between the City of College
       Station and the State of Texas (TxDOT) regarding State Highway 40.

8.12   Approved by common consent amendments to existing interlocal agreements with City
       of Bryan, Brazos County, Brazos Valley Council of Governments, College Station ISD
       and Burleson County.

8.13   Approved by common consent a Memorandum of Understanding between the City of
       College Station and the College Station Independent School District (CSISD) that allows
       CSISD’s access to the City’s 800 MHz radio system and the City’s paging system.

8.14   Approved by common consent Ordinance No. 2636 amending the adoption language of
       the Unified Development Code (UDO) as it relates to Sexually-Oriented Businesses.

8.15   Approved by common consent Resolution No. 6-12-2003-8.15 adopting a Council Policy
       for administration of contracts.

Mayor Pro Tem Hazen made a motion to accept the consent agenda items as presented. Motion
seconded by Council member Happ, which carried unanimously, 5-0.

FOR: Silvia, Hazen, Mears, Happ, Massey
AGAINST: None
ABSENT: Maloney and Wareing



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Regular Agenda Item No. 9.1 -- Public hearing, discussion and possible action on an
ordinance approving a Conditional Use Permit – Use and Site Plan approval for a wireless
telecommunications facility to be located at 1361 Earl Rudder Freeway South.

Director of Development Services Kelly Templin noted the applicant has requested a conditional
use permit and site plan approval for a new 120-foot cell tower to be located behind Varsity
Ford, 12- feet from the terminus of Associates Drive.

Staff recommended approval of the cell tower and site plan with the condition that a minimum of
500 points of landscaping be provided in addition to the proposed fencing to mitigate negative
visual impacts from the right-of-way.

The Planning and Zoning Commission recommended approval of the conditional use permit and
site plan with the condition that the applicant provide drought resistant landscaping that will not
require irrigation.

Mayor Silvia opened the public hearing.

Michael Baty, applicant, addressed the council to answer any concerns.

Mayor Silvia closed the public hearing.

Council member Massey moved to approve Ordinance No. 2637 approving a conditional use
permit and site plan for Wireless Telecommunications Facility located at 1361 Earl Rudder
Freeway South. His motion also included staff recommendation. Motion seconded by Council
member Mears seconded the motion, which carried unanimously, 5-0.

For: Silvia, Massey, Happ, Mears, Hazen
AGAINST: None
ABSENT: Maloney and Wareing

Regular Agenda Item No. 9.2 -- Public hearing, discussion and possible action on an
ordinance approving a Conditional Use Permit for a nightclub at the existing Texadelphia
Sandwiches, located at 201 College Main.

Director of Development Services Kelly Templin remarked that the applicant requested a
conditional use permit for a nightclub in order to add entertainment-oriented uses to the existing
Texadelphia Sandwiches Restaurant. The applicant proposed both live and recorded indoor
music and attractions. The hours of operation will be extended to 11:00 p.m. The location met
all distance requirements for alcoholic beverage service.

The Planning and Zoning Commission and staff recommended approval of the conditional use
permit.

Mayor opened the public hearing.

The following citizens spoke in favor the of conditional use permit.

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Mike Gentry, 1515 Emerald Plaza
Jessica Jimmerson, 3211 Westwood Main
William Madden, 201 College Main
Sergio L. Herrera, 2102 Mimitz
Robert Forrest, 109 College Main
Lawrence J. Haskins, 2701 Kent Street
Austin Harkness, 301A College Main

Mayor closed the public hearing.

Council member Massey moved to approve Ordinance No. 2638 approving a conditional use
permit for a nightclub at the existing Texadelphia Sandwiches. Council member Happ seconded
the motion, which carried unanimously, 5-0.

For: Silvia, Massey, Happ, Mears, Hazen
AGAINST: None
ABSENT: Maloney and Wareing

Regular Agenda Item No. 9.3 --Public hearing, discussion and possible action on an
ordinance to rezone and amend the concept plan and other elements of the PDD-H,
Planned Development District – Housing, for 7.15 acres in the proposed Westfield Village
Phase 6.

Director of Development Services Kelly Templin remarked that the applicant requested the new
PDD-H for the subject property to meet current market demands. He would like to build a more
traditional layout than was adopted with the original PDD-H concept plan. The same variances
for lot widths: setbacks and sidewalks granted for the original PDD-H were also requested for
this layout. Instead of standard sidewalks along the park and greenway, the applicant proposed
to construct eight-foot pathways that will meander. A common area adjacent to the park and
greenway has been proposed as additional parkland dedication to the City.

Staff recommended approval with the following conditions:
     The applicant, as part of the street section, constructs the eight-foot pathways.
     Lots 1 and 30 removed from the concept plan

The Planning and Zoning Commission recommended approval of this request with the following
conditions:
    The applicant, as part of the street section, constructs the eight-foot pathways.
    The depth of Lot 1 reduced to increase visibility of the greenway entrance.

Mayor Silvia opened the public hearing.

Randy French, 4301 Cliffstone, the developer came forward to answer questions of the Council.

Mayor Silvia closed the public hearing.


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Council member Mears moved approval of Ordinance No. 2639 to rezone and amend the
concept plan and other elements of the PDD-H Planned Development District, Housing, for 7.15
acres in the proposed Westfield Village Phase 6. The motion included the following items as
recommended by Planning and Zoning Commission.

      The eight-foot pathways be constructed by the applicant as part of the street section and
      The depth of Lot 1 be reduced so there will be increased visibility of the greenway
       entrance

Seconded by Council member John Happ, which carried unanimously, 5-0.

For: Silvia, Massey, Happ, Mears, Hazen
AGAINST: None
ABSENT: Maloney and Wareing

Regular Agenda Item No. 9.4 -- Public hearing, discussion and possible action on an
ordinance amending the Wolf Pen Creek zoning district pertaining to dedication and
development of the minimum reservation area.

City Planner Jane Kee presented this item. The amendment clarified what property needs to be
dedicated as part of any development that may occur. This amendment included more specific
descriptions of the minimum reservation area for the upstream portion of the creek (from the
Dartmouth/Holleman intersection west to the George Bush bridge). Design has now been
completed for this area and the amendment includes two specific descriptions.

The Wolf Pen Creek Master Plan adopted in 1988 provided for hike and bike trails throughout
the park along the creek. When the WPC zoning ordinance was adopted in 1989, the area
planned for trails was called the minimum reservation area. It was defined as an area twenty feet
wide running parallel to the floodway on either side of the creek. As property developed,
developers had three options; (1) to dedicate this property for the City to ultimately improve, (2)
to improve it themselves and maintain it, or (3) to dedicate to the City after making
improvements.

When the master plan was revised in 1998 an Oversight Committee was established to oversee
implementation of the master plan. This committee consisted of Council, P&Z, Parks Board and
staff members. The Committee recommended in 2000 that the city fund the design for the trail
system for the downstream portion of the creek (from the Dartmouth/Holleman intersection east
to Earl Rudder Freeway). This design would better establish where those areas would be that
would ultimately contain the trails and other improvements. An amendment in 2001
implemented this by including more specific surveyed descriptions for the areas where the trails
would be for the downstream portion of the creek.

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




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Council member Happ moved approval of Ordinance No. 2640 approving an amendment to the
Wolf Pen Creek zoning district pertaining to dedication and development of the minimum
reservation area. Council member Massey seconded the motion, which carried unanimously,
5-0.

FOR: Silvia, Massey, Hazen, Happ, Mears
AGAINST: None
ABSENT: Maloney and Wareing

Regular Agenda Item 9.5 -- Public hearing, discussion and possible action on a resolution
adopting the revised Recreation, Park, and Open Space Master Plan, and an ordinance
amending the Parks and Open Space element of the City of College Station’s
Comprehensive Plan.

Assistant Director of Parks and Recreation Ric Ploeger presented a staff report.

The City Council adopted the original College Station Recreation, Park, and Open Space Master
Plan in July 1999. In early 2002, staff and a subcommittee of the Parks and Recreation Advisory
Board began the revision process. Each section of the plan was reviewed and updated to include
current information and reflect changes in Advisory Board goals. In addition, important revisions
were made to the inventory, service levels, prioritization of needs, and plan implementation.
Population figures from the 2000 Census were utilized to update needs and service levels. The
revised Park Land Dedication Ordinance, approved by City Council in January 2002, is also
included in the plan.

The Master Plan supported the City's Comprehensive Plan, identified goals and objectives,
included a system inventory, prioritized needs, provided guidance over a ten (10) year period,
and outlined the implementation process. The plan included information from previously adopted
park plans such as the Wolf Pen Creek Master Plan (revised in 1998); Lick Creek Park Master
Plan (1998); the Greenway Master Plan (1999); the Veterans Park and Athletic Complex Master
Plan (2000); and the WA Tarrow Corridor Master Plan (2003).

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

Mayor Pro Tem Hazen made a motion to approve Resolution No. 6-12-2003.9.5 adopting the
revised Recreation, Park and Open Space Master Plan and Ordinance No.2641 amending the
Parks and Open Space element of the City of College Station's Comprehensive Plan. Motion
seconded Council member Happ, which carried unanimously, 5-0.

FOR: Silvia, Massey, Hazen, Happ, Mears
AGAINST: None
ABSENT: Maloney and Wareing




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Regular Agenda Item No. 9.6 -- Public hearing, discussion and possible on a resolution
suspending the proposed May 23, 2003, rate increase by TXU Gas Distribution for ninety
(90) days beyond the proposed effective date of the rate increase.

City Attorney Harvey Cargill, Jr., briefly described the purpose of this item. He recommended
that the council adopt the resolution suspending the proposed rate increase by TXU Gas for
ninety days.

Mayor Silvia opened the public hearing.

Don Fazzino, representing TXU Gas Distribution System addressed the Council regarding the
impact of approximately 7.2% rate increase for residential customers. There is a slight increase
for commercial class gas customers and no increases for other classes of customers.

Mayor Silvia closed the public hearing.

Council member Massey moved approval of Resolution No. 6-12-2003-9.6 suspending the
proposed May 23, 2003 rate increase by TXU Gas Distribution for ninety (90) days beyond the
proposed effective date of the rate increase. Motion seconded by Council member Happ, which
carried unanimously, 5-0.

FOR: Silvia, Hazen, Happ, Massey, Mears
AGAINST: None
ABSENT: Maloney and Wareing

Regular Agenda Item No. 9.7 -- Presentation, discussion and possible action on an
ordinance providing for the issuance of City of College Station, Texas General Obligation
Bonds, Series 2003; City of College Station, Texas Certificates of Obligation, Series 2003;
and ordaining other matters relating to the subject, including immediate effectiveness.

Agenda Items No. 9.7 and 9.8 were presented together.

Drew Masterson, the city’s financial advisor, of First Southwest Company presented the bids and
interest rates from winning bids received on June 12, 2003.

Jeff Lueschel, from McCall Parkhurst, addressed the council regarding signatures on the bid
documents.

Council member Mears moved to approve Ordinance No. 2642 authorizing the issuance and
sale of City of College Station, Texas General Obligation Bonds, Series 2003 in the aggregate
principal amount of $4,790,000. And Ordinance No.2643 providing for the issuance of
$780,000 City of College Station, Texas Certificate of Obligation, Series 2003A. Mayor Pro
Tem Hazen seconded the motion, which carried unanimously, 5-0.

FOR: Silvia, Hazen, Happ, Massey, Mears
AGAINST: None
ABSENT: Maloney and Wareing
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Regular Agenda Item No. 9.8 -- Presentation, discussion and possible action on an
ordinance authorizing the issuance and sale of City of College Station, Texas Utility System
Revenue Bonds, Series 2003A, Awarding the Sale of the Bonds; approving the Official
Statement; and all other matters related thereto, including immediate effectiveness.

Council member moved to approve Ordinance No. 2644 authorizing the issuance and sale of
4,850,000 City of College Station, Texas Utility System Revenue bonds, series 2003A. Council
member Mears seconded the motion, which carried unanimously, 5-0.

FOR: Silvia, Hazen, Happ, Massey, Mears
AGAINST: None
ABSENT: Maloney and Wareing

Council recessed at 8:51 p.m. for a short break and returned to the regular meeting at 9:06 p.m.

Regular Agenda Item No. 9.9 -- Presentation, discussion and possible action on revisions to
the bylaws of the Research Valley Partnership (formerly the Bryan/College Station
Economic Development Corporation).

Economic Development Director Kim Foutz remarked at the March 19, 2003 Research Valley
Partnership meeting the Board approved revisions to Article III of the bylaws. The revision
included the following:

      Phased elimination of two Board positions appointed by the Brazos County Industrial
       Foundation.
      Addition of two Directors to the Board
      Changing Texas A&M University position of a non-voting position to a voting position
      Remove the residency requirement for the non-elected representatives of the cities and
       county and allow the cities/county to use whatever qualifications they choose.

The City of Bryan and Brazos County have approved the revision to Article III of the bylaws.

Council member Mears moved to approve the revisions of the bylaws as presented. Council
member Happ seconded the motion, which carried unanimously, 5-0.

FOR: Silvia, Massey, Hazen, Mears, Happ
AGAINST: None
ABSENT: Maloney and Wareing

Council directed Roland Mallard and staff to examine the removal process in the event an
appointed official moves outside the city limits.

Regular Agenda Item No. 9.10 -- Presentation, discussion and possible action on an
appointment to the Research Valley Partnership Board of Directors to fill an expired term.

Economic Development Director Kim Foutz explained that the City of College Station
representative to the Research Valley Partnership Board of Directors has expired. Mr. Horlen,
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whose term has expired, expressed interest in serving another term. The appointment will be for
a three-year term from June 1, 2003 to May 21, 2006.

Council member Massey moved to appoint Larry Mariott as a member to the Research Valley
Partnership Board of Directors for a three-year term. Council member Mears seconded the
motion.

Council member Mears made a substitute motion to table action on this item until July 10, 2003.
Council member Happ seconded the motion, which carried unanimously, 4-1.

FOR: Silvia, Happ, Hazen, Mears
AGAINST: Massey
ABSENT: Maloney and Wareing

Council directed staff to notify applicants, which were recommended by Council member
Maloney, regarding the completion of a committee application.

Regular Agenda Item No. 9.11   Presentation, discussion and possible action on an
ordinance amending the membership requirements of the Design Review Board (DRB).

Director of Development Services Kelly Templin noted at the May 8, 2003 meeting Council
directed staff to alter the membership requirements of the Design Review Board to insure that
two of the members are owners of property or a business within a design district, a resident
within a design district, or an individual employed with a design district.

The adopted language within Section 2.4 of the UDO provides for a seven member Design
Review Board consisting of the following:

      A registered architect
      A business individual
      A landscape architect
      A developer or land owner in a design district
      A individual knowledgeable in aesthetic judgment
      A citizen-at-large
      The chairman of the Planning and Zoning Commission or his designee

The addition of the following language to Section 2.4B of the Unified Development Code will
clarify the appointment of those with stakes in the design district process:

       “Of the members listed above, at least two shall be owners of property of a business
       within a design district, a resident within a design district, or an individual employed with
       a design district.”

There was discussion of incorporating the term “stakeholder” into the membership requirements
and defining the term within Article 11 of the UDO definitions. After staffs’ investigation of the
definition of the term, staff determined that a “stakeholder” is actually a person without an

                                Providing Customer Service Excellence
                                      Office of the City Secretary
                                        College Station, Texas
Council Meeting 6/12/03                                                                     Page 14
interest in the particular matter; therefore staff did not incorporate the term into the proposed
language of Section 2.4, or Article 11, Definitions.

Council member Happ moved to table this item until the July 10, 2003 City Council Meeting.
Council member Massey seconded the motion, which carried unanimously, 5-0.

FOR: Silvia, Massey, Hazen, Mears, Happ
AGAINST: None
ABSENT: Maloney and Wareing

Regular Agenda Item No. 9.12 - Presentation, discussion and possible action on
appointments to the Design Review Board.

Council member Happ moved to table this item until the July 10, 2003 City Council Meeting.
Council member Mears seconded the motion, which carried unanimously, 5-0.

FOR: Silvia, Massey, Hazen, Mears, Happ
AGAINST: None
ABSENT: Maloney and Wareing

Regular Agenda Item No. 10. -- Discussion, review and possible action regarding the
following meetings: Brazos County Health Department, Brazos Animal Shelter, Brazos
Valley Council of Governments, 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, The Research
Valley Partnership, Transportation Committee, Wolf Pen Creek Oversight Committee, and
Zoning Board of Adjustments.

Council member Happ made comments regarding the Transportation Committee meeting on
June 10, 2003.

Council member Mears presented information regarding the Capital Improvements Advisory
Committee.

Council member Massey noted the Intergovernmental Committee Meeting will meet on Monday,
June 16, 2003 at 12:00 p.m. at the City of Bryan and invited the Council members to attend.

Mayor Silvia noted the Metropolitan Planning Organization has a new Executive Director. And
the Brazos Animal Shelter Board members will be interviewing for the director position.

Regular Agenda Item No. 11 -- Executive session

At 9:40 p.m., Mayor Silvia announced in open session that the City Council would reconvene in
executive session pursuant to sections 551.071 and 551.087 of the Open Meetings Act, to seek

                                 Providing Customer Service Excellence
                                       Office of the City Secretary
                                         College Station, Texas
Council Meeting 6/12/03                                                                  Page 15
the advice of the city attorney with respect to pending and contemplated litigation and to
consider economic development negotiations.

Regular Agenda Item No. 12 -- Final action on executive session, if necessary.

Council concluded its executive session at 10:20 p.m. They returned to open session. No action
was taken.

Regular Agenda Item No. 13 – Adjourn

Hearing no objections, the meeting adjourned at 10:20 p.m.


PASSED AND APPROVED this 26th day of June, 2003.


                                      APPROVED:


                                      _______________________
                                      Mayor Ron Silvia


ATTEST:


________________________
City Secretary Connie Hooks




                                Providing Customer Service Excellence
                                      Office of the City Secretary
                                        College Station, Texas

				
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