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HomeMy WebLinkAbout09/10/2015 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION SEPTEMBER 10, 2015 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Berry at 7:16 p.m. on Thursday, September 10, 2015 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation,consider absence request. Troop members from Boy Scout Troop 1222 led the assembly in the pledge of allegiance. Presentation regarding the sponsorship, involvement and support of the Texas Army National Guard to the 2015 Games of Texas hosted by Bryan/College Station/Texas A&M University as well as the relationship between the City and TAAF enabling us to host this economic boosting event. David Schmitz, Director of Parks and Recreation, recognized the organizations that helped with the Games of Texas: the Texas Army National Guard;the TAAF; and Parks staff. A presentation was also given to Mayor Berry and City Manager Kelley Templin. RM091015 Minutes Page 1 Presentation to the College Station Police Department proclaiming September 19, 2015 as Thank a Police Officer Day. Mayor Berry presented the proclamation to members of the College Station Police Department and encouraged the citizenry of College Station to take a moment to say "thank you" to our local law enforcement officers. Hear Visitors Comments Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Sgt. Keelan L. Moss. Michelle Raisor, 506 Bolton, on the closing of City pools. In the past,the pools stayed open later. The pools cannot even be rented, and there are no water aerobics. The City has three beautiful pools, and she does not understand why just one pool cannot remain open. She asked Council to re-open the pool at Rock Prairie. Judith Beckmann, 9301 Amberwood Court, stated she has been before the Council before to request action regarding the unlawful use of an easement on her property. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • August 19, 2015 Special Meeting(Budget Workshop) • August 27, 2015 Workshop • August 27, 2015 Regular Meeting • September 2,2015 Special Meeting (Tax Rate Public Hearing) 2b. Presentation, possible action, and discussion regarding ratification of a pole attachment license agreement with Cebridge Acquisitions, L.P., d/b/a Suddenlink Communications. 2c. Presentation, discussion and possible action on the Bylaws of The Research Valley Partnership, Inc. including Article III,Appointment and Qualifications of Directors. 2d. Presentation, possible action, and discussion regarding approval of Resolution 09-10-15- 2d, changing the sales price of cemetery spaces for the College Station Municipal Cemetery System. 2e. Presentation, possible action, and discussion regarding the first of two readings of an ordinance amending the Residential Recycling Collection Franchise Agreement (Ordinance No. 2010-3268)with Texas Commercial Waste (TCW). 2f. Presentation, possible action, and discussion of a deductive change order to construction contract # 14-355 with Elliott Construction,LLC in the amount of$60,690 for construction of the Cooner Street Reconstruction Project,No. ST-1201. RM091015 Minutes Page 2 2g. Presentation,possible action, and discussion regarding approval of Resolution 09-10-15- 2g, authorizing City staff to negotiate for the purchase of land in fee simple interest and an easement needed for the Lick Creek Land Buffer Project. 2h. Presentation, possible action, and discussion on approving an annual blanket purchase order for the purchase of parts and repair services for City refuse trucks from Heil of Texas. Contract pricing for parts and labor are available from Heil of Texas through the BuyBoard Purchasing Cooperative (Contract 425-13). The estimated annual expenditure for parts and repair services for refuse trucks: $60,000. 2i.Presentation,possible action,and discussion regarding the renewal of service contract 14- 372 with Cal's Body Shop for annual automobile and truck paint and body repairs in an amount not to exceed $60,000. 2j. Presentation, possible action, and discussion on Resolution 09-10-15-2j, selecting a depository bank,approving a bank depository contract, designating the City Manager or his Designee as the designated officer to administer the depository services for the City, and authorizing the maximum expenditure of funds for the term of the contract.Branch Banking & Trust "BB&T" is the bank being recommended as the City's depository bank. The contract is for a three year term with two one-year renewal options and it is anticipated that the cost for depository services will not exceed $35,000 in any year of the contract. 2k.Presentation,possible action,and discussion on Ordinance 2015-3694,amending Chapter 10, "Traffic Code", Section 4 "Administrative Adjudication of Parking Violations", C "Hearing Officer; Powers, Duties and Functions", Subsection (2) "Parking Citations", Subsection (a). 21. Presentation, possible action, and discussion on the Certification of Unopposed Candidates and Ordinance 2015-3695, ordering the cancellation of the General Election for Councilmember Place 4 and Councilmember Place 6 on November 3, 2015. (Presentacion, posible accien y discusion acerca de la Certificacion de Candidato Sin Oposicion y una ordenanza 2015-3695, tine ordene la cancelacion de las Elecciones Generales para Miembro del Consejo Posicion 4 y 6 el 3 de noviembre 2015.) 2m. Presentation, possible action, and discussion on Ordinance 2015-3696, amending Chapter 10 "Traffic Code", Section 4 "Administrative Adjudication of Parking Violations", C "Hearing Officer; Powers, Duties and Function", by amending the title of the Section C and by amending Subsection (9) "Certain Conduct Unlawful" by adding Subsection (E). 2n. Presentation, possible action, and discussion regarding an Economic_Development Agreement between the City of College Station and the College Station Science Park, LLC regarding approximately 53.80 acres located at 2501 Earl Rudder Freeway South known as the College Station Science Park. Item 2n was pulled and will be considered at the September 21'meeting. Item 2c was pulled from Consent for a separate vote. RM091015 Minutes Page 3 MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less items 2c and 2n. The motion carried unanimously. (2c)MOTION: Upon a motion made by Councilmember Benham and a second by Mayor Berry, the City Council voted six (6) for and one (1) opposed, with Councilmember Schultz voting against, to reject the Bylaws of The Research Valley Partnership, Inc. including Article III, Appointment and Qualifications of Directors, and requested a comprehensive bylaw amendment that addresses: 1) methods of notification to the City and further definition of approval of Council with a 45-day window to respond; 2) voting representation on the Executive Committee for the City of College Station; and 3) an explanation of why the RVP needs a third self-appointed board member in addition the two they already have. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3697, vacating and abandoning a 0.138 acre portion of a variable width public utility easement which is located at 952 William D. Fitch Parkway further described on the plat of Lot 3A,Block 1, of the Caprock Crossing subdivision recorded in Volume 11714,Page 71,of the Official Records of Brazos County, Texas. Carol Cotter, Planning and Development, reported that this ordinance abandons a portion of a public utility easement located on Lot 3A, Block 1 of the Caprock Crossing Subdivision. The public utility easement abandonment will accommodate future development of the tract. There is currently a City of College Station water line and a Verizon telecommunication line running through this easement. A temporary blanket easement was previously dedicated for the entire site and will continue to provide access to public and private utilities until infrastructure is removed and relocated at the owners' expense, and new public utility easements are dedicated. The abandonment is conditioned on the relocation of this existing infrastructure and dedication of new Public Utility Easements. If either of these conditions are not met, the abandonment will be null and void. Staff recommends approval of the ordinance. At approximately 7:40 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:40 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Aldrich, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz abstaining, to adopt Ordinance 2015-3697, vacating and abandoning a 0.138 acre portion of a variable width public utility easement which is located at 952 William D. Fitch Parkway further described on the plat of Lot 3A, Block 1, of the Caprock Crossing subdivision recorded in Volume 11714, Page 71, of the Official Records of Brazos County, Texas. The motion carried. 2. Public Hearin %presentation, possible action and discussion on the City of College Station 2015 advertised ad valorem tax rate of$0.4525 per$100 valuation resulting in an increase in RM091015 Minutes Page 4 tax revenues. AIso discussion and possible action on announcing the meeting date, time and place to adopt the tax rate. Jeff Kersten, Assistant City Manager, reported the tax rate that the Council announced it would hold the public hearings on is $0.452500 per $100 assessed valuation. The notice of this public hearing was placed in the Eagle, as well as on the City's internet site, and the City's television channel.The first public hearing on the tax rate was held on Wednesday, September 2.The Council will vote on the tax rate on Thursday, September 21. The public hearing tax rate of$0.452500 per $100 assessed valuation will generate $32,036,946 in taxes and will be used to fund the debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. At approximately 7:44 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:44 p.m. Mayor Berry announced the tax rate will be voted on at the Monday, September 21, Regular Meeting at 7:00 p.m. in the Council Chambers at City Hall. 3. Public Hearing,presentation, possible action,and discussion on the City of College Station FY2015-2016 Proposed Budget. Jeff Kersten, Assistant City Manager, reported that the Proposed Budget was presented to the Council on August 13, 2015. Three budget workshops were held to review the proposed budgets on August 17th, August 18th, and August 19th. The FY2015-2016 Budget is scheduled to be adopted on September 21, 2015. The total proposed budget is $304,116,435. Operations and Maintenance is $217,465,476 and Capital is $86,650,959. At approximately 7:47 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:47 p.m. 4. Presentation, possible action, and discussion regarding appointments to: • Brazos Valley Solid Waste Management Agency • Bryan-College Station Convention and Visitors Bureau MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Nichols, the City Council voted sev en (7) for and none (0) opposed, to re appoint Karl Mooney to the BVSWMA, The motion carried unanimously. Council appointed John Nichols, Jim Lewis, and Jim Ross to the CVB. 5. Adjournment. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 7:59 p.m. on Thursday, September 10, 2015. RM091015 Minutes Page 5 cit--�- Nancy Be , Mayor ATTEST: €.t4,%);\Nt.,, Sherry Mburn, City Secretary RM091015 Minutes Page 6 ,.-,--, � AFFIDAVIT OF CONFLICT OF INTEREST STATE OF TEXAS COUNTY OF BRAZOS n I, C as a member of the City of College Station make this affidavit and hereby, on oath, state the following: I have a substantial interest in a business entity or real property that would be peculiarly affected by a vote or decision of the City e o u ► (. as those terms are defined in Chapter 171, Texas Local Government Code. Date of Meeting: J ` ,-, VO ..os Agenda Item Number: _ The business entity or real property is (name and address or lot description): LL-C— I .LCAI have a substantial interest in this business entity or real property for the following reasons: (Check all that are applicable.) n I own 10% or more of the voting stock or shares of the business entity and the above-referenced agenda item involves this business entity; n I own either 10% or more or $15,000 or more of the fair market value of the business entity and the above-referenced agenda item- involves this business entity; n Funds received by me from the business entity exceed 10% of my gross income for the previous year and the above-referenced agenda item involves this business entity; n Real property is involved and (I/we) have an equitable or legal ownership with a fair market value of $2,500 or more and the above-referenced agenda item involves this real property; j►!1� A relative of mine has a substantial interest in the business entity or real property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this l day of Gip .© , 2015. I mature of Official Title Iv`�e BEFORE ME, the undersigned authority, on this day personally appeared 3uI Is e 5 (.f-r, , who after being by me duly sworn and on his oath deposed and says that he/she has ready the above and foregoing and that every statement contained therein is with his/her personal knowledge and is true and correct. ( p,, SHERRY MASHBURN :,.r °<<, (stall�)8633-U bill Pu� , State of Texas ( (4: NotaryPublic.State of Texas 1 t sc 491 My Commission Expires t t `"4c ii.i��`_ _ July 26_2019_ _ _