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Home My WebLink About02/10/2011 - Workshop Minutes City CouncilMINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION FEBRUARY 10, 2011 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry Council: John Crompton Jess Fields Dennis Maloney Katy-Marie Lyles Jana McMillan Dave Ruesink Citv Staff: David Neeley, Interim City Manager Kathy Merrill, Assistant City Manager Carla Robinson, Interim City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Call to Order and Announce a Ouorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Nancy Berry at 3:02 p.m. on Thursday, February 10, 2011 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Presentation. possible action, and discussion on items listed on the consent auenda. Items 2h, 2j, and 20 were pulled from the Consent Agenda. 2h: David Coleman, Director of Water Services, explained this was the final step in the process. 2j: Ben Roper, Director of Technology Services, reported that IT does not have the tools or the expertise to install a security system. 20: David Schmitz, Director of Parks and Recreation, explained that this involves federal dollars. Costs were overestimated, and we still have grant money available. WKSHP020811 Minutes Page 1 2. Presentation. Dossible action. and discussion regarding the DroDosed changes to the Citv's Fair Housing Ordinance. David Gwin, Director of Economic and Community Development, reported on the changes to the City's Fair Housing ordinance. The ordinance is required for participation in HUD programs. The Federal Housing Act is the Title 8 section in the Civil Rights Act and prohibits discrimination in housing based on several protected classes. Exemptions include owner- occupied buildings with no more than four units and single family housing sold or rented without a broker. Both the federal and state acts protect these protected classes, and our ordinance did mirror these acts, but with recent changes needs to add familial status and handicapped to match the current sections in the federal and state acts. This change would prohibit discrimination of financing of housing based on protected status and provide additional protection for disabled persons or familial status. Some additional protected classes to consider are sexual orientation, gender identity, status as a student, age, etc. A federal rule that consider sexual orientation and gender identity are being considered as protected class by HUD programs. MOTION: Upon a motion by Councilmember Maloney and seconded by Councilmember Ruesink, the City Council voted seven (7) for and none (0) opposed, to add familial status and handicapped to match the current sections in the federal and state acts. The motion carried unanimously. 3. Presentation. possible action. and discussion regarding a joint meeting of the Citv Council and the Cemeterv Committee to consider Ordinance 2011-3315. amending the College Station Code of Ordinances. Chanter 1 "General Provisions". Section 29 "College Station Cemeterv Rules and Regulations". Sub-Sections H: Plantings and Other Decorations in Citv Cemeteries and Sub-Section M: Rules Enforcement. Weldon Kruger, Cemetery Committee chair, called the joint meeting of the Cemetery Committee and City Council to order at 3:25 p.m. on Thursday, February 10, 2011. Two changes have been proposed related to aesthetics and ease of maintenance. The committee recommends limiting the number of items per space to two, and to remove the existing variance request process located in Sub-Section M. He reported the committee was unanimous in their recommendations. MOTION: Upon a motion by Councilmember Crompton and seconded by Councilmember Maloney, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to adopt Ordinance 2011-3315, amending the College Station Code of Ordinances, Chapter 1 "General Provisions", Section 29 "College Station Cemetery Rules and Regulations", Sub-Sections H: Plantings and Other Decorations in City Cemeteries and Sub- Section M: Rules Enforcement. The motion carried. Chair Kruger adjourned the Cemetery Committee at 3:55 p.m. 4. Presentation. Dossible action. and discussion regarding the content of the draft Impact Fee Resort for potential "svstem caaacity" impact fees for Water and Wastewater. WKSHP020811 Minutes Page 2 Dave Coleman, Director of Water Services, updated the Council on the impact fee report and stated the rate credit calculations are complete with maximum fees established. Jeff Kersten, Director of Finance, reported on how impact fees affect utility rates. Assumptions included collecting impact fees for five years, assuming a capital project in the amount of $10 million, and considering various funding sources. The assumption used was $1 million cash with impact fees at the maximum of $1,480 for 500 LUE's for water and $1,578 for 600 LUE's for waste water. They also assumed a long term debt of twenty years with a 5% interest rate. For a capital project for water, they concluded that with no impact fee, the annual debt service would be $715,000 with a rate increase of 5.6%. With impact fees, the annual debt service would be $420,000 with a rate increase of 3.3%. The necessary rate increase for a $10 million waste water capital project would be 6.1% without impact fees and 2.9% with impact fees. Dave Coleman provided additional information regarding sewer line capacity. As sewer lines reach capacity, the City's funding options are: (1) tell the developer that City sewer service is not available; (2) enact a rate increase to get a CIP done quickly; (3) create additional impact fee lines along with a rate increase; and (4) use a combination of impact fees and a rate increase. Having sewer overflows in NOT an option. Staff recommends implementing water/wastewater impact fees at $400 each, and zero out the five existing impact fees. Planning and Zoning recommends implementing impact fees at zero each. This preserves our ability to enact fees for five years. They also recommended keeping the existing impact fee lines as they are. 5. Council Calendar • Februarv 11-13 AMCC Elected Official Conference in Austin. 8:00 a.m. • Februarv 14 TML Leeislative BriefinE in Austin. 8:00 a.m. • Februarv 17 Audit Committee Meetine in Administrative Conference Room. 5:00 P.M. • Februarv 24 Citv Council Workshop/Reeular Meetine 3:00 p.m. & 7:00 D.M. There was no discussion. 6. Presentation, possible action, and discussion on future aeenda items: a Council Member may inquire about a subiect for which notice has not been eiven. A statement of specific factual information or the recitation of existine policy may be eiven. Anv deliberation shall be limited to a proposal to place the subiect on an aeenda for a subsequent meetine. Councilmember Fields requested a workshop item regarding the City facilitating community involvement in non-profit organizations. Council consensus was to go forward. He also requested a workshop item to consider placing non-binding referenda on the May ballot. Examples could be the convention center, city-owned property, the city hall project, and the Starlight music series continuing at the same level of funding. There was no consensus. Councilmember Fields requested an item to place on the May ballot de-authorization of the 2003 bond to build city hall. There was no consensus. He then requested an item to put on the May ballot the city hall proposal. There was no consensus. WKSHP020811 Minutes Page 3 Mayor Berry requested an item to discuss the disposal of city property. Council consensus was to go forward. 7. Discussion. review and possible action regarding the following meetings: Arts Council of the Brazos Vallev. Audit Committee. Bicvcle. Pedestrian. and Greenwavs Advisorv Board. Brazos Countv Health Dent.. Brazos Vallev Council of Governments. Brazos Vallev Wide Area Communications Task Force. BVSWMA. BVWACS. Cemeterv Committee. Code Review Committee. Design Review Board. Historic Preservation Committee. Interfaith Dialogue Association. Intergovernmental Committee. Joint Relief Funding Review Committee. Landmark Commission. Librarv Board. Mavor's Council on Phvsical Fitness. Mavor's Development Forum. Metropolitan Planning Organization. National League of Cities. Outside Aeencv Funding Review. Parks and Recreation Board. Planning and Zoning Commission. Research Vallev Partnership. Regional Transportation Committee for Council of Governments. Signature Event Task Force. Sister Citv Association. TAMU Student Senate. Texas Municipal League. Transportation Committee. Wolf Pen Creek Oversight Committee. Zoning Board of Adiustments. Mayor Berry reported on the Mayors' Council on Physical Fitness; they are collaborating with the Bicycle, Pedestrian and Greenways Advisory Board bike race in May. The Metropolitan Planning Organization met, and she was elected as the new chair. They passed a bylaw change to allow elected officials serving on the policy committee to appoint another member of their elected body to serve in their place. They also discussed the Wellborn overpass. Councilmember Lyles reported that the Health Board will meet the 23`d, and the Intergovernmental Committee will meet in February. Things are going well with the Bench program with the Arts Council. Councilmember Maloney reported that the Bicycle, Pedestrian and Greenways Advisory Board looked over the proposed sidewalk projects and multi-use paths and the May bike race. 8. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.074-Personnel Matters, and §551.087 - Deliberation Regarding Economic Development Negotiation, the College Station City Council convened into Executive Session at 5:00 p.m. on Thursday, February 10, 2011 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: • City of Bryan's application with TCEQ for water & sewer permits in Westside/Highway 60 area, near Brushy Water Supply Corporation to decertify City of College Station and certify City of Bryan • Water CCN / 2002 Annexation / Wellborn Water Supply Corporation • Clancey v. College Station, Glenn Brown, and Kathy Merrill WKSHP020811 Minutes Page 4 • Rachel Rahn v. Alma Martinez, The Arkitex Studio, Inc. et al, Cause No. 09-000656- CV361 • Timothy Delasandro et al v. City of College Station et al; Cause No. 11-000240-CV-272 • City of College Station, Texas, v. Virtual Equity Group, Inc, et al relating to nonpayment of hotel occupancy taxes for College Station Inn • Weingarten Realty Investors v. College Station, Ron Silva, David Ruesink, Lynn McIlhaney, and Ben White B. Consultation with Attorney to seek legal advice; to wit: • Legal Issues Related to Wellborn Annexation • Legal Issues Related to Recall Petitions • Legal Issues of purchase and lease back to Arts Council C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • City Manager • City Council Self-Evaluation • City Attorney D. Deliberation regarding economic development negotiations; to wit: • Global Event Group The Executive Session adjourned at 7:53 p.m. on Thursday, February 10, 2011. The following action was required from Executive Session. MOTION: Upon a motion by Mayor Berry and seconded by Councilmember Crompton, the City Council voted seven (7) for and none (0) opposed, to appoint David Neeley as City Manager. The motion carried unanimously. MOTION: Upon a motion by Mayor Berry and seconded by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to appoint Carla Robinson as City Attorney. The motion carried unanimously. 9. Adiournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 7:04 p.m. on Thursday, February 10, 2011. Nancy Berry, Mayor OerryAT l MaBIlburn, City Secrv e y WKSHP020811 Minutes Page 5