[Getconnected] Bryan City Council Regular Meeting agenda -- 11/28/06

Mon Nov 27 11:26:35 CST 2006

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AGENDA

BRYAN CITY COUNCIL

REGULAR MEETING

TUESDAY, NOVEMBER 28, 2006 - 4:00 P.M.

COUNCIL CHAMBERS, BRYAN MUNICIPAL BUILDING

300 SOUTH TEXAS AVENUE, BRYAN, TEXAS

1.   CALL TO ORDER (Room 305)

2.   EXECUTIVE SESSION - The City Council has determined a necessity to
go into a closed to the public session under the provisions of Section
551, Texas Government Code, and the following topics may be discussed: 

*	under the authority of Section 551.071, consultation with
attorney - receive legal advice regarding Certificates of Convenience
and Necessity for utilities in west Bryan and receive advice of legal
counsel concerning the claim of Santo Domingo Reyes;

*         under the authority of Section 551.074, personnel - discuss
appointment of individuals to quasi-judicial
boards/committees/commissions:  Board of Adjustment and Appeals, Board
of Sign Control and Appeals, Building and Standards Commission, Civil
Service Commission, Commissioners of Housing Authority, Historic
Landmark Commission, Planning and Zoning Commission and Zoning Board of
Adjustments;

*         under the authority of Section 551.072, deliberation about
real property - discuss possible disposition of property in downtown
Bryan and discussion regarding the lease of real property in northwest
Bryan for water production purposes;

*         under the authority of Section 551.087, deliberation regarding
economic development negotiations - discussion of offer of financial or
other incentives for development of a retail/commercial complex in east
Bryan, discussion of offer of financial or other incentives for
development in west Bryan, and discuss possible incentives for business
prospects to locate in the Bryan-College Station community. 

3.   OPEN SESSION FOR ACTION FOLLOWING EXECUTIVE SESSION, IF NECESSARY
(COUNCIL CHAMBERS)

4.   INVOCATION (Approximately 6:00 p.m. - Pastor Thomas Baber, Emmanuel
Baptist Church) AND PLEDGE OF ALLEGIANCE 

5.   PROCLAMATIONS AND PRESENTATIONS

*         Bryan Police Department Accreditation Overview 

*         Employee Distinguished Service Award

6.   HEAR CITIZENS

7.   PUBLIC HEARING - REZONING REQUEST (RZ 06-33)
<outbind://83/DO_NOT_OPEN/PH_RZ0633.doc> - Marin Zimmermann

      Receive public comment regarding a request to amend Chapter 130,
Zoning, of the City of Bryan Code of Ordinances, as amended, changing
the zoning classification from a combination of 'C-2' Retail and 'A-O'
Agricultural Open districts to a 'PD' Planned Development district
allowing single-family residential, office and retail uses, subject to
development requirements specified herein, on 36.243 acres of land out
of T.J. Wooten League A-59, adjoining the northwest side of West Villa
Maria Road between Mana Court and Kingsgate Drive in far southwestern
Bryan, Brazos County, Texas.

8.   PUBLIC HEARING - REZONING REQUEST (RZ 06-36)
<outbind://83/DO_NOT_OPEN/PH_RZ0636.doc>  - John Dean

      Receive public comment regarding a request to amend Chapter 130,
Zoning, of the City of Bryan Code of Ordinances, as amended, changing
the zoning classification from 'RD-5' Residential District-5000 to
'R-NC' Residential Neighborhood Conservation District for all lots
within Briargrove Addition, Third Installment, Bryan, Brazos County,
Texas.

  9.    PUBLIC HEARING - REZONING REQUEST (RZ 06-39)
<outbind://83/DO_NOT_OPEN/PH_RZ0639.doc>  - Lindsey Guindi

         Receive public comment regarding a request to amend Chapter
130, Zoning, of the City of Bryan Code of Ordinances, as amended,
changing the zoning classification from 'RD-5' Residential District-5000
to 'R-NC' Residential Neighborhood Conservation District for all lots
within Lester's Windover Place #1, Bryan, Brazos County, Texas.

10.    CONSENT (AUTOMATIC APPROVAL) AGENDA

      This agenda consists of ministerial or "housekeeping" items
required by law.  Items may be removed from the consent agenda by
majority vote of the Council.

a.   Approval of Minutes <outbind://83/DO_NOT_OPEN/Minutes.doc>  -
Workshop and Regular Meetings of November 14, 2006, and Special Meeting
of November 15, 2006.

b.   Consideration - Cellular Phone Services and Related Equipment
Contract <outbind://83/DO_NOT_OPEN/CingularContract.doc> - Gustavo Roman

      Consider approval to continue the City's participation in the
State of Texas Department of Information Resources (DIR) contract with
Cingular Wireless, LLC, for cellular phone services and related
equipment.  The contract term shall continue through August 31, 2007,
with an option to extend for an additional one-year term.  The estimated
annual expenditure for cellular phone service and related equipment is
$56,500.  Source of Funds:  General Fund and Enterprise Funds.
(Cingular Wireless Contract
<outbind://83/DO_NOT_OPEN/CingularContract_backup.pdf> )

c.   Consideration - Annual Maintenance Agreement for HTE Application
<outbind://83/DO_NOT_OPEN/HTEMaintAgrmnt.doc>  - Gustavo Roman

      Consider approving the required annual maintenance agreement for
the City of Bryan's HTE software applications in the amount of $99,815
for the period beginning November 1, 2006, and ending October 31, 2007.
Source of Funds:  General Fund - Equipment Maintenance/Software License
Agreements.  (Original Maintenance Agreement and Itemized Invoices
<outbind://83/DO_NOT_OPEN/HTEMaintAgrmnt_backup.pdf> )

d.   Consideration - Annual Contract for Right-of-Way Mowing Services
<outbind://83/DO_NOT_OPEN/ROWMowingSvcs.doc> - David Schmitz

      Consider award of an annual contract for right-of-way mowing
services to C&D Property Services of Bryan, Texas, in an amount not to
exceed $158,909.95.  Source of Funds:  Parks and Recreation -
Miscellaneous Charges/Contractual Maintenance.  (Bid Tabulation
<outbind://83/DO_NOT_OPEN/ROWMowingSvcs_backup.pdf> )

e.   Consideration - Annual Purchase of Sole Source Original Equipment
Manufacturer Parts <outbind://83/DO_NOT_OPEN/FleetOEM_Heil.doc>  - Bobby
Walker

      Consider award of sole source annual purchases of original
equipment manufacturer Heil and Petersen Loader Parts with Heil of
Texas, in an amount not to exceed $100,000. Source of Funds:  Various
City accounts for Fleet Maintenance.  (Heil of Texas Exclusive Letter
<outbind://83/DO_NOT_OPEN/FleetOEM_Heil_backup.pdf> )

f.    Consideration - Polk Avenue and 26th Street Drainage Improvements
Project <outbind://83/DO_NOT_OPEN/PolkAnd26thSt_DrainageImprvmnts.doc>
- Linda Huff

      Consider awarding a construction contract to Brazos Valley
Utilities in an amount not to exceed $71,744.72, subject to the
submittal of required bonds and insurance, for the Polk Avenue and 26th
Street Drainage Improvements project.  Source of Funds:  Drainage
Utility Fee and church participation in the amount of $26,688.62. (Bid
Tabulation)
<outbind://83/DO_NOT_OPEN/PolkAnd26thSt_DrainageImprvmnts_backup.pdf> 

g.   Consideration - Amendment Number One to the Drainage Development
Agreement With St. Joseph Catholic Church
<outbind://83/DO_NOT_OPEN/StJosephChurch_PolkDrainageImprvmnts.doc>  -
Linda Huff

      Consider approving amendment number one to the development
agreement between the City of Bryan and St. Joseph Catholic Church
entered into on September 26, 2006, for Polk Avenue and 26th Street
Drainage Improvements increasing the amount contributed by the City of
Bryan from $43,323.50 to $50,000, due to bids slightly higher than
originally estimated.  Source of Funds:  Drainage Utility Fee.  

h.   Consideration - Neighborhood Association Partnership Agreement for
Webhollow Homeowners Association
<outbind://83/DO_NOT_OPEN/WebhollowHOA.doc> - Ronnie Jackson

      Consider approving a neighborhood association partnership
agreement between the City of Bryan and the Webhollow Homeowners
Association recognizing the Webhollow Homeowners Association as a
neighborhood association registered with the City of Bryan in accordance
with Resolution No. 2811.  

i.    Resolution - Water Conservation Plan
<outbind://83/DO_NOT_OPEN/WaterConservationPlan.doc>  - Kelly Wellman 

      Adoption of a resolution of the City Council of the City of Bryan,
Texas, adopting a water conservation plan as outlined by the Texas
Commission on Environmental Quality. (Water Conservation Plan
<outbind://83/DO_NOT_OPEN/WaterConservationPlan_backup.pdf> ) 

j.    Second and Final Reading of an Ordinance - Rezoning Request (RZ
06-20) <outbind://83/DO_NOT_OPEN/RZ0620.doc> - Lindsey Guindi

      Second and final reading of an ordinance of the City of Bryan,
Texas, amending Chapter 130, Zoning, of the City of Bryan Code of
Ordinances, as amended, changing the zoning classification from 'RD-5'
Residential District-5000 and 'RD-7' Residential District-7000 to 'R-NC'
Residential Neighborhood Conservation District for all 27 lots in the
subdivision known as Briarcrest Estates, Section Four, Bryan, Brazos
County, Texas.        

k.   Second and Final Reading of an Ordinance - Rezoning Request (RZ
06-30) <outbind://83/DO_NOT_OPEN/RZ0630%20(2).doc>  - John Dean

            Second and final reading of an ordinance of the City of
Bryan, Texas, amending Chapter 130, Zoning, of the City of Bryan Code of
Ordinances, as amended, changing the zoning classification from a
combination of 'RD-5' Residential District-5000 and 'C-3' Commercial to
'C-2' Retail for four tracts totaling 0.6198 acres, being Lots 4-7,
Block 165 of the Bryan Original Townsite, Bryan, Brazos County, Texas.

l.    Second and Final Reading of an Ordinance - Rezoning Request (RZ
06-34) <outbind://83/DO_NOT_OPEN/RZ0634.doc>  - Lindsey Guindi

               Second and final reading of an ordinance of the City of
Bryan, Texas, amending Chapter 130, Zoning, of the City of Bryan Code of
Ordinances, as amended, changing the zoning classification from 'A-O'
Agricultural Open to a 'PD' Planned Development District allowing
certain office, retail and commercial uses, subject to development
requirements specified herein on 60.3694 acres of land adjoining the
south side of Briarcrest Drive being part of the Richard Carter Survey,
Abstract No. 8, recorded in Volume 1188 at Page 48 of the deed records
of Brazos County, Texas.

m.  Second and Final Reading of an Ordinance - Reinvestment Zone Number
Twenty <outbind://83/DO_NOT_OPEN/ReinvestZone20.doc>  - David
Storrie

      Second and final reading of an ordinance of the City of Bryan,
Texas, designating a tract of land consisting of approximately 16.134
acres of land described as Lot 6, Block 1, Brazos County Industrial
Park, Phase III, (Plat recorded in Volume 500, Page 917, called 15.9949
acres (387/474) actual 16.134 acres) Stephen F. Austin League No. 9,
A-62, of the official records of Brazos County, Texas, as Reinvestment
Zone Number Twenty for commercial-industrial tax abatement as provided
for in Chapter 312, Texas Tax Code Annotated; establishing the duration
of the district; authorizing agreements not to exceed six years in
duration to exempt from taxation a portion of the increase in value of
property in order to encourage development and redevelopment.  

 11.   STATUTORY AGENDA

      This agenda consists of items previously approved by Council
action, such as adoption of items that are part of an approved budget or
capital improvement projects, first readings of ordinances, or action
which is required by law or delegated to the City Manager.  Items may be
removed from the statutory agenda at the request of two Councilmembers.

a.   Consideration - 29th Street Widening Project
<outbind://83/DO_NOT_OPEN/29thStWidening.doc> - Linda Huff

      Consider awarding a construction contract to Brazos Valley
Services in an amount not to exceed $2,343,219.96, subject to the
submittal of required bonds and insurance, for the 29th Street Widening
project (including Alternate Bid #1 and #4).  Source of Funds:  2005
Certificates of Obligation proceeds. (Bid Tabulation
<outbind://83/DO_NOT_OPEN/29thStWidening_backup.pdf> )

b.   Consideration - Fire Department Vehicle Purchase
<outbind://83/DO_NOT_OPEN/Fire_MobileCommandVehicle.DOC>  - Chief Mike
Donoho

      Consider approving the purchase of one mobile command post vehicle
from Metro Fire Apparatus Specialists, Inc., of Houston, Texas, for the
total purchase price of $583,458 through the Houston-Galveston Area
Council of Governments Cooperative Purchasing Program.  The City of
Bryan will be reimbursed the cost of this vehicle from Homeland Security
Grant Funds.  Source of Funds:  Fire Department Operating Budget -
Machinery and Equipment/Motor Vehicles.  (H-GAC Quote/Specifications
<outbind://83/DO_NOT_OPEN/Fire_MobileCommandVehicle_backup.pdf> )

c.   Consideration - Routine Airport Maintenance Program Grant for
Coulter Airfield <outbind://83/DO_NOT_OPEN/TxDOTGrant_Coulter.doc> -
John Dean

      Consider authorizing the Mayor to sign a grant agreement with the
Texas Department of Transportation Aviation Division for routine airport
maintenance of Coulter Airfield, which will reimburse the City up to 50%
of routine costs, not to exceed $50,000.  Source of Funds:  This grant
does not obligate the City of Bryan to any expenditure, only when
allowable expenditures are made, does the grant become available.
(Routine Airport Maintenance Program Grant Agreement
<outbind://83/DO_NOT_OPEN/TXDOTGrant_Coulter_backup.pdf> )

 d.  Consideration - Termination of Advance Funding Agreement with the
Texas Department of Transportation
<outbind://83/DO_NOT_OPEN/TxDOTAFACancel_FM60.doc>  - John Dean

      Consider authorizing the Mayor to sign a letter which would
terminate an advance funding agreement between the City of Bryan and the
Texas Department of Transportation for the advance planning of the FM 60
widening project.  Since the dates of the original agreement and
amendment, the Bryan District office of the Texas Department of
Transportation has completed the preliminary engineering and will soon
complete the public involvement, which will permit them to begin
right-of-way acquisition.  The Texas Department of Transportation has
determined they now have the resources to perform the remaining work
in-house, which is preparation of plans, specifications and estimate
(PS&E) and are suggesting the cities terminate the advance funding
agreement.  (Letter From Texas Department of Transportation
<outbind://83/DO_NOT_OPEN/TxDOTAFACancel_FM60_AFA.pdf> ) (Advance
Funding Agreement <outbind://83/DO_NOT_OPEN/TxDOTAFACancel_FM60_Ltr.pdf>
)

e.   Consideration - Termination of An Interlocal Agreement with the
City of College Station
<outbind://83/DO_NOT_OPEN/COCS_ILACancel_FM60.doc>  - John Dean

      Consider authorizing the termination of an interlocal agreement
with the City of College Station dated July 28, 2003, to remove the
obligation of the City of Bryan to fund a portion of the design of the
University Drive (FM 60) Widening Project.  With the termination of the
advance funding agreement with the Texas Department of Transportation,
the interlocal agreement can also be terminated and the obligation of
$250,000 be released.  (Letter from Texas Department of Transportation
<outbind://83/DO_NOT_OPEN/COCS_ILACancel_FM60_Ltr.pdf> )  (Interlocal
Agreement <outbind://83/DO_NOT_OPEN/COCS_ILACancel_FM60_ILA.pdf> )

f.    First Reading of an Ordinance - Convenience Store Cameras
<outbind://83/DO_NOT_OPEN/ConvenienceStoreCameraOrd.doc>  - Assistant
Chief Freddie Komar

      First reading of an ordinance of the City of Bryan, Texas,
amending Section 18-1 of the Bryan Code of Ordinances, defining
convenience stores and requiring convenience stores to meet specific
security camera and sign requirements; and placing responsibility on
convenience store managers and employees to ensure security cameras meet
certain criteria and are functional and in operation during store hours;
providing for a penalty; providing for publication; and providing an
effective date.

g.   First Reading of an Ordinance - Rezoning Request (RZ 06-33)
<outbind://83/DO_NOT_OPEN/RZ0633.doc>  - Martin Zimmermann

      First reading of an ordinance of the City of Bryan, Texas,
amending Chapter 130, Zoning, of the City of Bryan Code of Ordinances,
as amended, changing the zoning classification from a combination of
'C-2' Retail and 'A-O' Agricultural Open districts to a 'PD' Planned
Development district allowing single-family residential, office and
retail uses, subject to development requirements specified herein, on
36.243 acres of land out of T.J. Wooten League A-59, adjoining the
northwest side of West Villa Maria Road between Mana Court and Kingsgate
Drive in far southwestern Bryan, Brazos County, Texas.

h.   First Reading of an Ordinance - Rezoning Request (RZ 06-36)
<outbind://83/DO_NOT_OPEN/RZ0636.doc>  - John Dean

First reading of an ordinance of the City of Bryan, Texas, amending
Chapter 130, Zoning, of the City of Bryan Code of Ordinances, as
amended, changing the zoning classification from 'RD-5' Residential
District-5000 to 'R-NC' Residential Neighborhood Conservation District
for all lots within Briargrove Addition, Third Installment, Bryan,
Brazos County, Texas.

i.    First Reading of an Ordinance - Rezoning Request (RZ 06-39)
<outbind://83/DO_NOT_OPEN/RZ0639.doc>  - Lindsey Guindi

      First reading of an ordinance of the City of Bryan, Texas,
amending Chapter 130, Zoning, of the City of Bryan Code of Ordinances,
as amended, changing the zoning classification from 'RD-5' Residential
District-5000 to 'R-NC' Residential Neighborhood Conservation District
for all lots within Lester's Windover Place #1, Bryan, Brazos County,
Texas.

12.    REGULAR AGENDA

         This portion of the agenda consists of items requiring
individual consideration by the Council.

a.   Consideration - Appointment of Individuals to Various Advisory
Boards, Committees and Commissions
<outbind://83/DO_NOT_OPEN/AdvisoryBoardAppts.doc>  - Mary Lynne Stratta

      Consider the appointment of individuals to various City Council
appointed advisory boards, committees and commissions, such as the Bryan
Business Council, Bryan Cemeteries Advisory Board, Bryan-College Station
Public Library System Board, Community Development Advisory Committee,
Community Development Downtown Loan Committee, Coulter Airfield Advisory
Committee, Joint Relief Funding Review Committee, Neighborhood/Youth
Services Advisory Board and Parks and Recreation Advisory Board.  

b.   Consideration - Tax Freeze <outbind://83/DO_NOT_OPEN/TaxFreeze.doc>
- Krista Stabell

      Consideration of options regarding the adoption of a property tax
freeze on the residence homestead of disabled individuals or 65 years of
age or older individuals within the City of Bryan.

c.   Hear Staff Report and Provide Direction to Staff, If Needed,
Regarding the Texas Reds

      Signature Event - Joey Dunn

13.          COUNCIL COMMITTEE REPORTS

*         Intergovernmental Committee 

14.    CITY MANAGER'S REPORT AND COUNCIL CONCERNS

      Staff recognition, upcoming meetings and events, reports on
attendance at meetings and events, future Council agenda items, and
update on current capital improvement, development and redevelopment
projects.

15.    ADJOURN

FOR INFORMATION ON SIGN LANGUAGE INTERPRETATION, TDD OR OTHER
TRANSLATION OR ACCESSIBILITY INFORMATION, PLEASE CONTACT THE PUBLIC
INFORMATION OFFICER AT 209-5120.  PLEASE TRY TO CONTACT THE ABOVE PERSON
AT LEAST 48 HOURS BEFORE THE SCHEDULED TIME OF THE MEETING SO THAT YOUR
REQUEST MAY BE ACCOMMODATED. 

Jay G. Socol
Public Information Officer

P.O. Box 1000
Bryan, TX 77805-1000

(979) 209-5120 (office)  -  (979) 209-5107 (fax)
(979) 229-1060 (cell)  -  (979) 228-2437 (pgr)

www.bryantx.gov <http://www.bryantx.gov/> 

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