[Getconnected] Bryan City Council Regular Meeting Agenda - November 13, 2007

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Fri Nov 9 15:37:55 CST 2007


Mayor Mark Conlee

Councilmembers

Mayor Pro Tem Jason Bienski

Ben Hardeman

 

Ann Horton

 

Paul Madison

 

Al Saenz

 

Mike Southerland

 

AGENDA

 

BRYAN CITY COUNCIL

 

REGULAR MEETING

TUESDAY, NOVEMBER 13, 2007 - 4:30 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 551.074, personnel matters -
discussion regarding selection process for position of City Attorney; 
*	under the authority of Section 551.087, economic development
negotiations - discussion regarding possible economic incentives for
retail and hotel development in east Bryan and possible development in
central Bryan; and
*	under the authority of Section 551.072, real estate - discussion
regarding the possible acquisition of land in central Bryan for economic
development purposes; and
*	under the authority of Section 551.071, consultation with
attorney - seek advice of legal counsel regarding agreements to provide
incentives for retail and hotel development in east Bryan.

 

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

 

4.    INVOCATION (Approximately 6:00 p.m. - Pastor David Reynolds,
Calvary Chapel Aggieland) AND PLEDGE OF ALLEGIANCE

 

5.   PROCLAMATIONS AND PRESENTATIONS

 

*	Fire Prevention Poster Contest Winners
*	Proclamation Recognizing Bryan Coca Cola's 100th Anniversary
*	Presentation of Government Finance Officers Association of Texas
Award

 

6.   HEAR CITIZENS

 

 

7.   PUBLIC HEARING - REZONING REQUEST (RZ 07-36)

 

      Receive public comment regarding a request to amend Chapter 130,
Zoning, of the City of Bryan Code of Ordinances, changing the zoning
classification from 'I' Industrial District to 'C-2' Retail District on
all land and former streets and alleyways located within Blocks 112 and
113 of the Bryan Original Townsite and bounded by Bryan Avenue, Sims
Avenue and West 31st Street in south central Bryan, Brazos County,
Texas.

 

8.   PUBLIC HEARING - REZONING REQUEST (RZ 07-37)

 

      Receive public comment regarding a request to amend Chapter 130,
Zoning, of the City of Bryan Code of Ordinances, changing the zoning
classification from 'RD-5' Residential District-5000 to 'RN-C'
Residential Neighborhood Conservation District on all lots located
within Austin's Colony Subdivision, Phase 8A, in eastern Bryan, Brazos
County, Texas.

 

9.   PUBLIC HEARING - REZONING REQUEST (RZ 07-38)

 

Receive public comment regarding a request to amend Chapter 130, Zoning,
of the City of Bryan Code of Ordinances, changing the zoning
classification from a combination of 'RD-5' Residential District-5000
and 'A-O' Agricultural Open to a combination of 'RD-5' Residential
District-5000 and 'C-1' Office District on 13.62 acres located along and
northeast of Tabor Road, between Nuches Lane and Milberger Street,
Bryan, Brazos County, Texas.

 

10.    PUBLIC HEARING - REZONING REQUEST (RZ 07-39)

 

Receive public comment regarding a request to amend Chapter 130, Zoning,
of the City of Bryan Code of Ordinances, designating property being Lots
1 through 5 in Block 100 of the Bryan Original Townsite in Bryan, Brazos
County, Texas, as a historic landmark of the City of Bryan by adding the
Historic Preservation Overlay (HPO) Zoning District to this property
being in the South College - Business Zoning District.

 

11.    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 - Workshop and Regular Meetings of October 23,
2007, and Special Meeting of October 30, 2007.

 

b.   Consideration - Equipment Purchase for Environmental Services

 

      Consider approving the purchase of four Freightliner chassis from
Duncan Freightliner of Waco, Texas, in the amount of $308,600 and
consider approving the purchase of two Heil automated side loaders, one
Heil front loader and one Peterson TL3 loader from Heil of Texas, of
Houston, Texas, for the total purchase price of $311,696.24 through the
Texas Local Government Purchasing Cooperative.  Source of Funds:  Solid
Waste Department.  (Quotes)

 

c.   Consideration - Equipment Purchase for Information Technology
Services

 

      Consider approving the purchase of an IBM System I server in the
amount of $75,766 from Sirius Computer Solutions, Inc., of San Antonio,
Texas, through the United States General Services Administration Federal
Supply Schedule 70 - Information Technology Contracts.  Source of Funds:
Information Technology Services. (Proposal)

 

d.   Consideration - Equipment Purchase for the Bryan Fire Department

 

      Consider approving the purchase of an emergency medical services
response vehicle from Knapp Chevrolet of Houston, Texas, in the amount
of $102,975 through the Houston-Galveston Council of Governments
Cooperative Purchasing Program.  Source of Funds:  Fire Department
Budget. (Quote and Specifications)

 

e.   Consideration - Equipment Purchase for the Bryan Police Department

 

      Consider approving the purchase of ten 2008 Ford Crown Victoria
police interceptors from Philpott Motors, Ltd., of Nederland, Texas, in
the amount of $291,556.30 through the Houston-Galveston Council of
Governments Cooperative Purchasing Program.  Source of Funds:  Police
Department Budget. (Quote)

 

f.    Consideration - Rate Study for Water and Sewer 

 

      Consider approving a contract for professional services with
Freese and Nichols in an amount not to exceed $80,000 to conduct a rate
study for water and sewer.  Source of Funds:  Water and Sewer Revenue
Bonds.  (Contract)

 

g.   Consideration - Country Club Drive/Oak Ridge Drive Widening Project


 

      Consider awarding an engineering contract to Browne and Gay
Engineers, Inc., in an amount not to exceed $59,351.50 for the County
Club Drive/Oak Ridge Drive Widening project.  Source of Funds:  2007
Certificates of Obligation.  

 

h.   Consideration - Old Reliance Road Improvements Project

 

      Consider awarding a design contract to Goodwin-Lassiter, Inc., in
an amount not to exceed $116,150 for the Old Reliance Road Improvements
project.  Source of Funds:  2005 Certificates of Obligation. (Contract)

 

i.    Consideration - Employee Group Life and AD&D Insurance

 

      Consider award of proposal for Employee Group Life and AD&D
insurance for the 2008 plan year to Minnesota Life Insurance Company in
an estimated annual expenditure of $97,089.  Source of Funds:  Fiscal
Year 2008 approved budget, divided among funds and departments.  

 

j.    Consideration - Dell Marketing, L.P.

 

      Consider approving a one-year contract with Dell Marketing, L.P.,
for the purchase of desktop/notebook computers and related peripherals
through the State of Texas Department of Information Resources (DIR)
contract in an estimated amount of $160,000.  Source of Funds:  Various
City Departments.  (Master Price Agreement)

 

 

 

 

k.   Consideration - Extension to Hot Mix Paving Materials Contract

 

      Consider award of an extension to an existing contract for hot mix
paving materials with Knife River of Bryan, Texas, in an amount not to
exceed $199,200.  Source of Funds:  Transportation Department.
(Extension Letter)

 

l.    Consideration - Municipal Services Center Storage Yard Spoils
Stockpile Removal

 

      Consider approving an extension to an existing contract for
Municipal Services Center storage yard spoils stockpile removal with
Brazos Site Works of Bryan, Texas, in an amount not to exceed $104,700.
Source of Funds:  Water Services Operating Funds.  (Extension Letter)

 

m.  Consideration - Change Order to the Tabor Road Rehabilitation
Project, Phase I

 

      Consider approving change order number one with Brazos Valley
Services for the Tabor Road Rehabilitation Project, Phase I, in the
amount of $57,721, increasing the contract amount to $393,999.  Source
of Funds:  2005 Certificates of Obligation - $22,200 and 2001 Water
Revenue Bonds - $35,521. 

 

n.   Consideration - Funding for Brazos Animal Shelter

 

      Consider authorizing the Mayor to sign a funding addendum to the
contract with the Brazos Animal Shelter providing funding for Fiscal
Year 2008 in the amount of $127,279 for sheltering services.  Source of
Funds:  Solid Waste Fund.  (Original Agreement)

 

o.   Consideration - Funding for the Arts Council of the Brazos Valley

 

      Consider authorizing the Mayor to sign an amendment to the
contract with the Arts Council of the Brazos Valley providing funding in
the amount of $33,286 for operational expenses for Fiscal Year 2008.
Source of Funds:  Hotel/Motel Tax Fund.

 

p.   Consideration - Neighborhood Association Partnership Program
Agreement 

 

      Consider approving a Neighborhood Association Partnership Program
Agreement between the City of Bryan and the Garden Acres Neighborhood
Association and thereby recognizing the Garden Acres Neighborhood
Association as a neighborhood association registered with the City of
Bryan in accordance with Resolution No. 2811.  

 

q.   Resolution - Brazos Valley Council of Governments Grant for Illegal
Dumping Prevention Workshop

 

      Adoption of a resolution of the City Council of the City of Bryan,
Texas, authorizing the filing of a grant application to the Brazos
Valley Council of Governments for funding assistance relative to the
Environmental Services Division's Environmental Compliance Program to
eliminate illegal dump sites from the community.  Source of Funds:
Solid Waste Enterprise Fund - The City of Bryan will contribute $500.

 

 

 

 

r.   Resolution - Brazos Valley Council of Governments Grant to Sponsor
Bryan Environmental Education

 

      Adoption of a resolution of the City Council of the City of Bryan,
Texas, authorizing the filing of a grant application to the Brazos
Valley Council of Governments seeking funding assistance relative to the
Environmental Services Division's Environmental Education Program to
promote and encourage environmental responsibility throughout the
community; and to purchase one custom made mascot costume to be used in
the Environmental Services Division's education program known as BEE
(Bryan Environmental Education).  Source of Funds:  City of Bryan's
matching portion is $1,612.50 - Solid Waste Fund.

 

s.    Resolution - Interlocal Agreement for First Responder Services

 

      Adoption of a resolution of the City Council of the City of Bryan,
Texas, approving the terms and conditions of and authorizing the Mayor
to sign on behalf of the City of Bryan an interlocal agreement for
Emergency Medical Service provider/first responder services with the
City of College Station and with Brazos County Volunteer Fire
Departments.

 

t.    Second and Final Reading of an Ordinance - Code Enforcement
Officers Citation Authority

 

      Second and final reading of an ordinance of the City of Bryan,
Texas, amending Chapter 1, "General Provisions", of the Bryan City Code,
by amending Section 1-15, "Citations for Violation of City Codes and
State Laws" and authorizing code enforcement officers to issue citations
for code violations.  

 

u.   Second and Final Reading of an Ordinance - Dangerous Animal
Ordinance

 

      Second and final reading of an ordinance of the City of Bryan,
Texas, amending Chapter 10, Article III, "Dangerous Animal", Section
10-96, to reduce the time period to appeal to the Municipal Court the
determination of the animal control authority that an animal is a
dangerous animal from thirty days to fifteen days in accordance with
state law; and clarifying the appeal process from Municipal Court.

 

v.   Second and Final Reading of an Ordinance - Tree Ordinance

 

      Second and final reading of an ordinance of the City of Bryan,
Texas, amending Chapter 106, "Streets, Sidewalks and Other Public
Places", by adding as Article VII, "Planting, Maintaining Trees and
Shrubs on Public Property and Public Rights-of-Way"; to provide
requirements for care of trees located on public property and on
city-owned public rights-of-way; establishing a director responsible for
the controls and supervision of tree care and providing the authority
and duties of the director and the coordination among city departments;
providing a definition of "Parkway Area"; establishing the duty of
property owners abutting city-owned public rights-of-way to maintain the
trees and shrubs in the portion of the public right-of-way defined as
the "Parkway Area" adjacent to their property. 

 

w.  Second and Final Reading of an Ordinance - Railroad Crossing
Closures

 

      Second and final reading of an ordinance of the City of Bryan,
Texas, closing portions of 16th Street, Pruitt Street and 21st Street at
their respective crossings with the Union Pacific Railroad in the City
of Bryan, Texas.  (Agreements)

12.   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 - Development of a Five Year Capital
Improvement Plan 

 

Consider awarding a professional services contract to Freese and
Nichols, Inc., for the development of a five-year Capital Improvement
Plan in the amount of $197,000.  Source of Funds:  Special Projects.
(Contract)      

 

b.   Consideration - Downtown Improvement Program Guidelines 

 

      Consider approving the revised Downtown Improvement Program
guidelines for Fiscal Year 2008.  Source of Funds:  $200,000 was
included in the approved Fiscal Year 2008 budget for the Downtown
Improvement Program.

 

c.   Consideration - Williamson Sanitary Sewer and Waterline
Improvements

 

      Consider awarding a construction contract to Civil Developments,
Ltd., in an amount not to exceed $287,975 for the Williamson Sanitary
Sewer and Waterline Improvements project.  Source of Funds:  2004 Water
Revenue Bonds - $146,950 and 2005 Sewer Revenue Bonds - $141,025.

 

d.   Consideration - Wellborn Road Pavement Rehabilitation Project

 

      Consider awarding a construction contract to Knife River
Corporation in an amount not to exceed $998,178.60 for the Wellborn Road
Pavement Rehabilitation project, subject to the submittal of required
bonds and insurance.  Source of Funds:  2005 Certificates of Obligation.

 

e.   Consideration - Tax Abatement Agreement for Reinvestment Zone
Number Twenty-Four

 

      Consider approving an agreement for development and tax abatement
in Reinvestment Zone Number Twenty-Four (Hogan's Trucks Unlimited)
designated on a tract of land approximately 8.36 acres described as Lot
1R, Block A, Cohala Subdivision.  The term of the proposed tax abatement
is for five years on a portion of the increase in value of property with
70% to be granted in the first year, 50% in the second year, 30% in the
third year, 20% in fourth year, and 10% in the fifth year. 

 

f.    First Reading of an Ordinance - Rezoning Request (RZ 07-36)

 

            First reading of an ordinance of the City of Bryan, Texas
amending Chapter 130, Zoning, of the City of Bryan Code of Ordinances,
changing the zoning classification from 'I' Industrial District to 'C-2'
Retail District on all land and former streets and alleyways located
within Blocks 112 and 113 of the Bryan Original Townsite and bounded by
Bryan Avenue, Sims Avenue and West 31st Street in south central Bryan,
Brazos County, Texas.

 

 

 

 

g.   First Reading of an Ordinance - Rezoning Request (RZ 07-37)

 

      First reading of an ordinance of the City of Bryan, Texas,
amending Chapter 130, Zoning, of the City of Bryan Code of Ordinances,
changing the zoning classification from 'RD-5' Residential District-5000
to 'RN-C' Residential Neighborhood Conservation District on all lots
located within Austin's Colony Subdivision, Phase 8A, in eastern Bryan,
Brazos County, Texas.

 

h.   First Reading of an Ordinance - Rezoning Request (RZ 07-38)

 

      First reading of an ordinance of the City of Bryan, Texas,
amending Chapter 130, Zoning, of the City of Bryan Code of Ordinances,
changing the zoning classification from a combination of 'RD-5'
Residential District-5000 and 'A-O' Agricultural Open to a combination
of 'RD-5' Residential District-5000 and 'C-1' Office District on 13.62
acres located along and northeast of Tabor Road, between Nuches Lane and
Milberger Street, Bryan, Brazos County, Texas.

 

i.    First Reading of an Ordinance - Rezoning Request (RZ 07-39)

 

      First reading of an ordinance of the City of Bryan, Texas,
amending Chapter 130, Zoning, of the City of Bryan Code of Ordinances,
designating the property being Lots 1 through 5 in Block 100 of the
Bryan Original Townsite in Bryan, Brazos County, Texas, a historic
landmark of the City of Bryan by adding the Historic Preservation
Overlay (HPO) Zoning District to this property being in the South
College - Business Zoning District.

 

j.    First Reading of an Ordinance - Fiscal Year 2008 Budget
Appropriations

 

      First reading of an ordinance of the City of Bryan, Texas,
amending Ordinance No. 1719; increasing budget appropriations for Fiscal
Year 2008 from $265,368,850 to $265,876,685; total increase in
appropriations being $507,835.  (Budget Amendment Detail)

 

k.   First Reading of an Ordinance - Texas Enterprise Zone Program

 

      First reading of an ordinance of the City of Bryan, Texas,
ordaining the City's participation in the Texas Enterprise Zone Program
pursuant to the Texas Enterprise Act, Chapter 2303, Texas Government
Code, providing tax incentives, designating a liaison for communication
with interested parties, and nominating Sanderson Farms (Processing
Division) to the Office of the Governor Economic Development and Tourism
through the Economic Development Bank as an enterprise project.

 

  13.  REGULAR AGENDA

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

 

         a.   Consideration - Fiscal Year 2008 Outside Agency Funding
Requests

 

      Consider approving Fiscal Year 2008 outside agency funding
requests and authorize the Mayor to execute the funding agreements with
the respective agencies.  The Joint Relief Funding Review Committee's
funding recommendations are:

 

      Bryan High School, Project Graduation - $4,000

      Brazos Valley Museum, Education Program - $9,570

      The Children's Museum, Discovery and Educational Programs -
$26,500

      George Bush Presidential Library and Museum, School Bus Program -
$25,000

      Texas A&M University, Brazos Valley World Fest - $5,000

      Brazos Valley Symphony Society, 4th of July Concert - $12,500

      Brazos Valley Council of Governments, RSVP/Senior Corps Program -
$5,000

      Dispute Resolution Center Central Brazos Valley, Mediation
Services - $10,000

      

      The total committee funding recommendation is $97,570.

      Source of Funds:  Fiscal Year 2008 Council Contingency Fund.


 

b.   Resolution - City of Bryan Annexation Plan

 

      Adoption of a resolution of the City Council of the City of Bryan,
Texas, adopting an annexation plan for the City pursuant to Texas Local
Government Code, Section 43.052.

 

c.   Resolution - Establishing Criteria for Guidance for
Extraterritorial Jurisdiction Annexation

 

      Adoption of a resolution of the City Council of the City of Bryan,
Texas, establishing criteria to be used to provide guidance on the
annexation of areas within Bryan's Extraterritorial Jurisdiction.

 

d.   Consideration - Economic Development Agreement with Boonville
Hotel, L.P.

      

      Consider approving an economic development agreement between the
City of Bryan and Boonville Hotel, L.P., providing a $100,000 incentive
for a Best Western affiliated business class hotel to locate in east
Bryan on property to be known as the Boonville Town Center.  Source of
Funds:  Reimbursement from the Hotel/Motel Revenue Fund.

 

e.   Consideration - Economic Development Agreement with Five Ags
Investment, L.L.C.

 

      Consider approving an economic development agreement between the
City of Bryan and Five Ags Investment, L.L.C., providing a $366,000
incentive to build the extension of Austin's Colony Parkway and install
a public sewer lift station in east Bryan on property to be known as the
Boonville Town Center.  The entire amount of the incentive will be paid
to Five Ags Investment, L.L.C, upon the Certificate of Occupancy being
issued to the proposed Best Western affiliated business class hotel.
Source of Funds:  Reimbursement from 2008 Certificates of Obligation.

 

14.   COUNCIL COMMITTEE REPORTS

 

        City of Bryan/Bryan ISD Joint Committee - Councilmember Hardeman


 

  15.  CITY MANAGER'S REPORT AND COUNCIL CONCERNS

 

Update on Current Capital Improvement, Development and Redevelopment
Projects

Staff/citizen Recognition

Reports on Attendance at Meetings and Events

Upcoming Meetings and Events

Future Council Agenda Items

 

  16.  ADJOURN

 

FOR INFORMATION ON SIGN LANGUAGE INTERPRETATION, TDD OR OTHER
TRANSLATION OR ACCESSIBILITY INFORMATION, PLEASE CONTACT THE CITY OF
BRYAN COMMUNCATIONS DIRECTOR WENDY WELDON AT 209-5120 AT LEAST 48 HOURS
BEFORE THE SCHEDULED TIME OF THE MEETING SO THAT YOUR REQUEST MAY BE
ACCOMMODATED. 

 

 

 

Wendy D. Weldon

Communications Director

City of Bryan

P.O. Box 1000 I Bryan, TX  77805

979.209.5120 (P) I 979.209.5106 (F)

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

 

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