HomeMy WebLinkAbout10/19/2009 - Regular Minutes - City CouncilMayor
Ben White
Mayor Pro Tem
David Ruesink
City Manager
Glenn Brown
CITY 01: COT ,I .I:c;I;, STATI<
Hunrc 4Gxus A&A4 University*
Councilmembers
John Crompton
James Massey
Dennis Maloney
Katy-Marie Lyles
Lawrence Stewart
Minutes
City Council Workshop & Regular Meeting
Monday, October 19,2009 at 12:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor Ben White, Mayor Pro Tem Ruesink, Council members Crompton, Massey,
Maloney, Lyles, Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley,
City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team
I. Pledge of Allegiance, Invocation, Consider absence reqnest.
Mayor White called the meeting to order at 12:OO pm with all Council members present. Mayor White
led the audience in the Pledge of Allegiance and provided the invocation.
2. I.Iear Visitors. -
Daniel Dick, liaison from TAMU Student Senate reported on the progress of involvement with the City
as a non-voting member on the City Council.
3. l'resentation, possible action and discussion of consent agenda items which consists of ministerial -
or "liousekeeping" items rettuired by law. Items may be removed from the consent agenda by
maiority vote of tl~e C.Jounci1.
a. Approved minutes for City Council Workshop and Regular meeting, September 24, 2009.
b. Approved budget of the George Bush Presidential Library Foundation and finding agreement
between the City of College Station and the George Bush Presidential Library Foundation for
FY 10 in the amount of $50,000.
c. Approved Resolution No. 10-19-09-3c stating that the City Council has reviewed and approved
the City's Investment Policy, Broker-Dealer List and Investment Strategy.
d. Approved finding agreement between the City of College Station and the Keep Brazos Beautiful
for FY 10 in the amount of $60,240.
Page 12
City Council Minutes
Monday, October 19,2009
e. Approved Master Cash Management Service Agreement with the City's bank depository, Citibank
Texas, N.A.
f. Approved Resolution No. 10-19-09-3f authorizing expenditures for the Brazos Animal Shelter in
the amount of $7 1,2 14.
g. Approved changes to the City's Homebuyer Down-Payment Assistance Program (DAP)
Guidelines.
h. Approved Resolution No. 10-19-09-3h awarding contract 09-306 to HDR Engineering Inc in the
amount of $209,500 for a Wastewater Collection System Planning Evaluation.
i. Approved change order to the Design Contract 06-238 with Bleyl and Associates in the amount of
$5,350; for the Westminster Sanitary Sewer Line Extension Project to update the topographic
survey and revise the design drawings to reflect current conditions.
j. Approved Resolution No. 10-19-09-31 awarding bids for the installation of roadway traffic
markings and traffic control to lowest responsible bidder Highway Technology of Austin, Texas in
the amount of $163,182.50 and, Resolution No. 10-19-09-3i-a on traffic control services to lowest
responsible bidder N-Line Traffic Maintenance of Bryan, Texas in the amount of $1 8,706.25.
k. Approved request for release of lien on 150 Venture Lane currently held by the City.
I. Approved authorizing the payment of an economic development incentive in the total amount of
$250,000 to Texas A&M University's Texas Institute for Preclinical Studies (TIPS).
m Approved an Interlocal Agreement between the Cities of College Station, Bryan, and Wickson
Creek Special Utility District (WCSUD) in the amount of $171,833.00 to extend water service to
the BVSWMA Twin Oaks Landfill in Grimes County and a payment authorization in the amount
of $1 6,976.00 for easements assigned to WCSUD related to the water service extension project.
n. Approved Service, Construction and Defined Corporate Easement ApplicationIAgreements
between the Cities of College Station, Bryan, and Mid-South Synergy in the total amount of
$54,142.54 to connect electric service to the BVSWMA Twin Oaks Landfill in Grimes County.
o. Approved purchase of a D8T Dozer from Mustang Tractor & Equipment to be used by the Brazos
Valley Solid Waste Management Agency in the amount of $719,000.00.
p. Approved increase in funds for professional services rendered in fiscal year 2009 fiom Coats,
Rose, Yale, Ryman & Lee PC for litigation concerning the Brazos Valley Solid Waste
Management Agency (BVSWMA) in the amount of $33.284.46 for a total of $123,284.46.
Approval by the Council of this request will ratify $33,284.46 expended for additional legal costs
associated with this project through September 30,2009.
q. Approved agreement in an amount not to exceed $60,000 with the legal firm of Nichols, Jackson,
Dillard, Hager & Smith, L.L.P. to establish an entity, such as a local government corporation, to
Page 13
City Council Minutes
Monday, October 19,2009
own and operate Brazos Valley Solid Waste Management Agency and authorization for the Mayor
to execute the agreement. (Pulled for separate vote 6-1 - Council member Maloney voted
against.)
r. Presentation, possible action, and discussion regarding an amendment to the Economic
Development, Drainage and Corridor Beautification Participation Agreement between the City of
College Station and Sahara Realty. (Language for motion is contingent on acquiring Mr.
Scarmardo's signature)
Item No. 3b - Council member Maloney inquired on finds for Library.
Council member Crompton moved to approve consent items 3a thru 3p and item 3r contingent
upon Mr. Scarmardo's signature.
Council member Massey seconded the motion, which carried 7-0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
Council member Crompton moved to approve consent item 3q. Council member Massey
seconded the motion, which carried 6 - 1.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Lyles and Stewart
AGAINST: Council member Maloney
4. Presentation, possible action, and discussion regarding construction on the campus of Texas -
.4&M University and their current capital project program.
Mr. Chuck Sippial, Vice President for Facilities at TAMU introduced Lt. General Joe Weber (Ret.),
Vice President of Student Affairs and TAMU intern Richard Fox.
Mr. Sippial presented an update to the City Council on current projects occuring on TAMU campus
totaling more than $700 million.
Lt. General Joe Weber (Ret.), Vice President of Student Affairs updated Council on TAMU's master
plan for future student housing projects in Hensel Park Area.
9. Presentation, possible action, and discussior~ rezardi~~g the approval of a Real Estate Contract -
for the purchase of 204 - 220 Hollemar~ Drive East.
David Gwin, Director of Economic and Community Development presented a proposed real estate
contract for nine lots totaling 6.1368 acres located at 204 - 220 Holleman Drive East. The intended use
of these properties is to promote targeted development in this area of the community and provide
additional housing and job opportunities to low to moderate income households. Staff recommended
approval of the purchase contract for 204 - 220 Holleman Drive East.
Council member Crompton moved to approve real estate contract for the purchase of 204 - 220
Holleman Drive East. Council member Stewart seconded the motion, which carried 7-0.
City Council Minutes
Monday, October 19,2009
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
6. Presentation, uossihlc action and discussion to approve a fund in^ addendum that will authorize -
cxpenditurcs for thc 13razos County Ilcalih 1)epartinent in the amouni of $351,500.
Jeff Kersten, Chief Financial Officer presented the purpose of a proposed funding addendum that will
authorize expenditures for the Brazos County Health Department. Staff recommended approval of the
funding addendum in the amount of $351,500 to the Brazos County Health Department.
Council member Crompton requested Council to send back to Health Committee for a cost allocation
before approving the ILA with the Health Department and at that time approve a six month budget for
the Health Department instead of a year.
Council member Crompton moved to approve a six month budget instead of a twelve month budget for
Brazos County Health Department. Council member Maloney seconded the motion.
Ken Bost, of the Brazos County Health Department briefly explained the complexity of a 3.3 n-illion
budget, which the City of College Station funds $35 1,500 upon approval of budget. So, the ability to
gather data Council is requesting will be challenging, due all the services that health department
provides.
Council member Crompton expressed his appreciation to Ken's explanation of the complexity of
gathering this data and would withdraw his motion with at least a time number and multiplied by visits
and look at time instead of dollars to give Council some kind of feel for services being funded.
Council member Crompton withdrew his motion and Council member Maloney withdrew his second.
Council member Massey moved to approve the funding addendum in the amount of $351,500 to the
Brazos County Health Department. Council member Lyles seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
Presentation, possible actioo, and discussioti regarding the uotential creation of a "Medical
Corridor" in tlie southern portion of tlie City.
David Gwin, Director of Economic and Community Development presented an outline of proposed
parameter of a "Medical Corridor," in the southern portion of the City. A comprehensive study to
better determine the corridor's exact size and scope, associated market analysis, economic impact
forecasting and modeling, and initiative visioning exercise is being proposed as the first phase ofthis
project and once completed is expected to position the City to implement this major economic
development initiative. Further, staff recommended approval and has preliminarily identified several
key corridor elements to be explored under the proposed study, including signage, landscaping,
pedestrian amenities, roadway enhancements and distinct design standards. It is anticipated that this
City-administered study will be conducted by Schrickel, Rollins and Associates (SRA) and take
approximately eighteen months to complete. If approved, a partnership, as proposed with The Med, is
the preferred method.
Page 15
City Council Minutes
Monday, October 19,2009
Mayor Pro tem Ruesink moved to approve the College Station Medical Corridor project. Council
member Lyles seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAIIVST: None
7. Presentation, possible action, and discussion on a potential amendment to the Unified -
Develor~ment Ordinance related to architect11 ral standards for municipal facilities that are
industrial in nature.
David Coleman, Director of Public Utilities presented proposed amendment that would exempt
municipal facilities of an industrial nature from the Non-Residential Architectural (NRA) Standards
contained in the City's Unified Development Ordinance (UDO). Currently the UDO includes an
exemption for both public and private developments on industrial zoned properties. Because municipal
facilities are permitted in all zoning districts, it is unusual that City-owned property carry an industrial
zoning designation. The proposed amendment would allow municipal industrial facilities to comply
with the same standards that are in place for privately developed industrial facilities. A current
example of an industrial facility is a new building under design, to be constructed at the Carters Creek
Wastewater Treatment Plant, which will house the Water Services Laboratory and computer servers.
For the new Lab Building, approximately $56,000 can be saved if it were exempt from the NRA
standards, and designed to match the architecture of the main administrative building at the Carters
Creek plant.
Examples of cost savings are:
Exterior Building Materials - Use matching brick, which is less expensive.
Landscaping - Use Xeriscape, which will not require irrigation.
Building Mass & Design - D elete the delineating columns on the exterior walls
Staff requested Council to consider a LTDO amendment to make architectural requirements for City
industrial uses on parity with private industrial uses.
City Attorney Harvey Cargill recommended Council to make a motion for staff to develop language for
proposed UDO amendment for future use.
Council member Lyles moved to approve staff to develop language proposed UDO amendment for
future use. Council member Maloney seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
8, Presentatior, possible action and discl~ssion on a resolatioo approving a preliminan' official
statement, and related material; and on an ortlinaoce authorizinrr the iss~~ance and sale of City of
Collere Station, Texas Cerleral Obligation Refunding Bonds, Series 2009; establishing
parameters repardinir the sale of the bonds; t~pproving the execution of an escrow agreement;
and ordainine other 111atter.s related thereto, includir~g immediate effectiveness.
Jeff Kersten, Chief Financial Officer introduced Drew Masterson, City's Financial Advisor with First
Southwest Company.
Page 16
City Council Minutes
Monday, October 19,2009
City's Financial Advisor Drew Masterson with First Southwest Company presented the City with an
opportunity to issue refund bonds for several of our outstanding General Obligation Bond issues.
Refunding is issuing new debt to replace and pay off existing debt. Refunding can be done for a
number of reasons; however, most often are used to accrue a savings against the current debt.
The bonds that are proposed to be refunded are:
General Obligation & Refunding Bonds, Series 1998 $ 740,000
General Obligation, Series 1999 $3,100,000
General Obligation Bonds, Series 2000 $ 865,000
Certificates of Obligation, Series 2000A (Parking Garage) $4,220,000
$8,925,000
Council member Maloney moved to approve Resolution No. 10-19-09-08 approving the preliminary
official statement, and related materials; and Ordinance No. 3211 authorizing the issuance and sale of
General Obligation Refunding Bonds, Series 2009; establishing parameters regarding the sale of the
bonds; approving the execution of an escrow agreement; and ordaining other matters related thereto,
including immediate effectiveness. Council member Massey seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
1.0. Presentation, possible action, and discussion regarding update to the existing ordinance -
regulating taxicabs operating withill the city limits of College Station.
Larry Johnson, Assistant Chief of Police updated Council on existing taxicab ordinance and regulations
and the ordinance intention to provide for and promote adequate and efficient vehicles for hire in the
City of College Station. But the current City ordinance does not regulate taxi fare rates and only
requires fare rate be displayed in a "conspicuous place" inside the taxi. Staff recommended fares to be
displayed both inside and outside of vehicle and taxi vehicle maximum age not more than five (5)
years.
Council member Crompton moved to approve displaying fares both inside and outside of vehicle and
refer remainder of issues, such as maximum age and flat fare rates to Transportation Committee.
Council member Lyles seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tern Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
I I. Presentation. possible action, and tiiscussion regarding video surveillance cameras recentlv -
iiistalled in the Northgate Entertainment District.
Ben Roper, Director of Information Technology reported and demonstrated the pilot video surveillance
cameras in the Northgate Entertainment District which were installed the week of September 21st.
Also, policy and procedures documents are being developed and finalized to govern use of the system.
No formal action was taken.
12. Presentation, possible aciion and disc~~ssion regard in^ the College Station Storm Water -
Page 17
City Council Minutes
Monday, October 19,2009
Managcmcnt Plan.
Alan Gibbs, City Engineer presented brief annual report of the Storm Water Management Program and
a five year period implementation of storm water program to eliminate pollution.
No formal action was taken.
13. Council Calendar -
Council reviewed upcoming events.
11. Presentation, possible action, and disclission on fiiture a~enda items: A Colincil Member mav -
inquire about a subiect for which notice has not been giver. A statement of specific factual
infortrialion or the recitation of existing ilolicv may be eiven. Anv deliberation shall be limited to
a proposal to place the subiect on an a~enda for a subseqi~ent meeting.
Council member Maloney inquired on upcoming appointment to Code Development subcommittee.
15. Discassion, review and possible action regartlin~ the following meetings: Arts Council of the -
Rrazos Valley, Audit C:ommittee, Brazos County Health Dept., Rrazos Valley Council of
Goveru~nents, Brazos Valley Wide Area Communications Task Force, Cemetery Committee,
Code Review Committee, Design Review Board, llistoric Preservation Committee, Interfaith
Dialoglie Association, Interrrovern~ner tal C:ommittee, Joint Relief Fiinding Review Committee,
Lantlmark Commission, 1,ibrarv Comr~ittee, Metropolitan Planninsf Organization, National
1-,ea~ue of Cities, Outside Agercy Funding Review, Parks and Recreation Board, Plan~li~~g and
Zoniiir; Commission, Sister City Association, TAMU Student Senate, Research Vallev
Partnership, Regional Transportation Committee for Council of Governments, Texas Municipal
Leame, Transportation Conttnittee, Wolf Pen Creek Oversi~ht Committee, Wolf Pen Creek TIF
Board. Zoning Board of Adjustments, BVSWMA4, Sipnature Event Task Force, (Notice of
Agendas posted oa City Eiall bulletin board).
No discussion was held.
At 3:30 pm, Mayor White announced that the City Council would convene into executive session
pursuant to Sections 55 1.07 I, 55 1.072, and 55 1.087 of the Open Meetings Act to seek the advice of our
city attorney, to consider the purchase of real property and economic development negotiations.
16. Exec~itive Session will immediately follow tlle worksl~op meeting in the Administrative -
Conference Iioom.
Consultation with Attorney {Gov't Code Section 551.071); possible action. The City Council may
seek advice from its attorney regarding a pending or contemplated litigation subject or
settlement offer or attorney-client privileged information. Litigation is an ongoing process and
questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with
the City Council. Upon occasion the City Council may need information from its attorney as to
the status of a pending or contemplated litigation subject or settlement offer or attorney-client
privileged information. After executive session discussion, any final action or vote taken will be in
public. The following subject(s) may be discussed:
a. Application with TCEQ for permits in WestsideMighway 60 area, near Brushy Water
Supply Corporation
b. Sewer CCN permit requests for Brushy & Wellborn Services Areas
Page (8
City Council Minutes
Monday, October 19,2009
c. Water CCN permit requests for Brushy & Wellborn Services Areas
d. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
e. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites
f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with
the Brazos Valley Groundwater Conservation District
g. TMPA v. PUC (College Station filed Intervention)
h. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley
Solid Waste Management Agency contract, on proposed methane gas contract
I. Update on legal proceedings for Grimes County Landfill site and contracts for development of
Grimes County site
j. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn
McIlhaney, and Ben White
k. Chavers et al v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station, et a1
1. Rogers Sheridan v. Barbara Schob & Greg Abbott
m. Clancey v. College Station, Glenn Brown, and Kathy Merrill
n. Legal issues related to the real estate contract between City of College Station and CHSC,
Ltd.
Real Estate {Gov't Code Section 551.072); possible action The City Council may deliberate the
purchase, exchange, lease or value of real property if deliberation in an open meeting would have a
detrimental effect on the position of the City in negotiations with a third person. After executive session
discussion, any final action or vote taken will be in public. The following subject(s) may be discussed:
a. Possible Purchase or Exchange of Property near E. University and Tarrow
Economic Incentive Ne~otiations {Gov't Code Section 551.087); possible action The City Zouncil
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:
a. Arctic Wolf Ice Center
17. Action on executive session or any workshop agenda item not completed or discussed in today's
workshop meeting may be discussed in tonight's Regular Meeting if necessary.
No formal action was taken.
18. Adiourn.
Hearing no objections, Mayor White adjourned the meeting at 5:00 p.m. on Monday, October 19,2009.
PASSED AND APPROVED this November 9,2009
ATTEST: APPROVED: n
Mayor Ben White