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HomeMy WebLinkAbout08/11/2011 - Regular Minutes City CouncilMINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION AUSGUST 11, 2011 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry Council: Blanche Brick Jess Fields Karl Mooney Katy-Marie Lyles Julie Schultz Dave Ruesink Citv Staff: David Neely, City Manager Kathy Merrill, Assistant City Manager Frank Simpson, Assistant City Manager Carla Robinson, 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 Regular Meeting of the College Station City Council was called to order by Mayor Nancy Berry at 7:06 p.m. on Thursday, August 11, 2011 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Pledge of Alleeiance, Invocation, consider absence request. • The Police Department Outstanding Service Award was presented to Officers Kevin Yargo and Steven Taylor by Mayor Berry • Captain Greg Rogers and members of the department recognized Fire Chief R. B. Alley for his dedication to the department and the profession. Fire Chiefs Association representatives presented Chief Alley with a commendation for his leadership and commitment to educate the next generation. RM081111 Minutes Page 1 Citizen Comments There were no citizen comments. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for Julv 25, 2011 Workshop and Regular Council Meeting. 2b. Presentation, possible action, and discussion regarding Resolution 08-11-11-2b, approving a construction contract with Marek Brothers Construction for fire barriers to protect the transformers at Post Oak Substation and authorizing the expenditure of funds, in an amount not to exceed 5181,900. 2c. Presentation, possible action. and discussion regarding Resolution 08-11-11-2c, approving a construction contract with Knife River for the Semi-Annual Blanket Tvpe D Hot Mix Installed Concrete Proiect and authorizing the expenditure of funds. in a amount not to exceed $408.000. 2d. Presentation, possible action. and discussion regarding Resolution 08-11-11-2d, approving a construction contract with G.W. Williams. Inc. and authorizing the expenditure of funds. in an amount not to exceed $1,066,051.13, for the Carter Creek Wastewater Treatment Plant Laboratorv and SCADA Building: and consider approval of transfers in the amount of $20.077 from the Water Capital Improvement Proiects Fund contingencv and $101,913 from the Wastewater Capital Improvements Proiects Fund contingencv. 2e. Presentation, possible action, and discussion regarding approval of Resolution 08-11-11- 2e, for asbestos abatement and debris removal from unoccupied areas in the Chimnev Hill Retail Plaza in the amount of $49,961.00. 2f: Presentation, possible action. and discussion regarding Resolution 08-11-11-2f. approving Notice of Sale and Bidding Instructions Preliminarv Official Statement. and related materials for the sale of "City of College Station, Texas General Obligation Improvement Bonds, Series 2011" and "City of College Station. Texas Certificates of Obligation, Series 2011". including selection of a date for opening bids. 2g. Presentation. possible action, and discussion regarding an Interlocal Agreement with the Brvan-College Station Metropolitan Planning Organization (MPO) for the funding of the BCS Mobilitv Initiative for fiscal vear 2011. 2h. Presentation, possible action, and discussion regarding the approval of equipment purchases to upgrade the current Survalent SCADA svstem from Survalent Technologv in the amount of $77,660.00 and a Services Contract in the amount of $14,500.00 for final testing for a total cost of $92,660.00. RM081111 Minutes Page 2 2i. Presentation, possible action, and discussion reuardin2 the approval of the purchase of Barracuda network firewall eauipment from MicroAae College Station through the Texas A&M Master Agreement in the amount of $104.118.46. 2,j. Presentation, possible action. and discussion regarding a deductive change order to the construction contract (Contract No.10-050) with Brazos Vallev Services for a credit to the Citv in the amount of $34.950.00 for the Nantucket Gravitv Sewer Line proiect. 2k. Presentation, possible action, and discussion regarding a change order to the construction contract with Elliot Construction (Contract # 11-003) in the amount of $369,796.00 for the Southwood 5-7 Utilitv Rehabilitation Proiect. 21. Presentation, possible action and discussion on calling a public hearing on the Citv of College Station 2011-2012 Proposed Budget for Thursdav September 8, 2011. 2m. Presentation, possible action. and discussion reeardine ratification of Change Order #1, in the amount of $11.310 to Contract 11-019 with HDR Engineering. Inc. related to completed impact fee analvses. 2n. Presentation, passible action. and discussion reeardinE ratification of Change Order #4, for $19,873 to Contract 09-306 with HDR Engineering, Inc., and approval of a contingencv transfer from the Wastewater Operating Fund in the amount of $19,873. 2o. Presentation, possible action, and discussion to approve an aereement for the City to sell reclaimed water to the Pebble Creek Countrv Club. 2p. Presentation, possible action. and discussion regarding approval of the purchase of four (4) 2500 kVA distribution padmount transformers from WESCO in the amount of $147,657.00 and two (2) 1500 kVA distribution padmount transformers from Texas Electric Coop in the amount of $39.750.00. for a combined total of $187,406.00, for Scott & White Hospital & Dowling Road Pump Station. 2q. Presentation, possible action. and discussion regarding approval of the purchase of Automatic Transfer Switch from Techline Inc. in the amount of $105.085.00. Item 2g was pulled from the Consent Agenda. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less item 2g. The motion carried unanimously. (2g)MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Lyles, the City Council voted seven (7) for and none (0) opposed, to adopt an Interlocal Agreement with the Bryan-College Station Metropolitan Planning Organization (MPO) for the funding of the BCS Mobility Initiative for fiscal year 2011. The motion carried unanimously. RM081111 Minutes Page 3 REGULAR AGENDA 1. Presentation, possible action- and discussion regarding appointments to the following Boards and Commissions: • B/CS Librarv Committee • Bicvcle. Pedestrian & Greenwavs Advisorv Board • Cemetery Committee • Construction Board of Adjustments • Desi-an Review Board • Historic Preservation Committee • Joint Relief Funding Review Committee • Landmark Commission • Lick Creek Park Nature Center Advisorv Committee • Parks & Recreation Board • Planning & Zonine Commission • Sunset Advisorv Commission • Zonine Board of Adjustments MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to appoint Mike Ashfield, James Benham, Jerome Rektorik, and Jim Ross, to the Planning and Zoning Commission, and naming Mike Ashfield as chair. The motion carried unanimously. MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to appoint Ida Bellows, Jon Denton, Sherry Ellison, Billy Hart, Fred Medina, and Mike Reynolds to the Parks and Recreation Board, and naming Jon Denton as chair. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to appoint Dick Birdwell and Marsha Sanford to the Zoning Board of Adjustments. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to appoint citizens to the committees listed below. The motion carried unanimously. • B/CS Library Committee: Felicia Glover; Larry Ringer • Bicycle. Pedestrian & Greenwavs Advisory Board: James Batenhorst (E); Sherry Ellison (C); Marcy Halterman-Cox (B); Greg Stiles (A) (Councilmember Brick is the chair) • Cemetery Committee: Sarah Adams; Ann Hays (Council directed staff to continue to hold vacancies open for applicants) • Construction Board of Adiustments: Mike Lane; Charles Thomas; Marc Chaloupka (alternate); Glenn Thomas (alternate) • Desiizn Review Board: Lindsey Bertrand; Susan McGrail (alternate); Marsha Sanford (alternate) RM081111 Minutes Page 4 • Historic Preservation Committee: Jerry Cooper; Linda Harvell; Ann Hays; M.D. Marshall; Frances Williams • Joint Relief Funding Review Committee: J. Kevin Bryne • Landmark Commission: Jason Loyd (A); M.D. Marshall (D) • Lick Creek Park Nature Center Advisorv Committee: Robert Bruce (F); Becky Burghardt (D); Jan Fechhelm (D); Ronald Kaiser (F); Mike Manson (F); Susan Scott (E); Scott Shafer (E) • Sunset Advisorv Commission: Dick Birdwell; Robert Bruce; Ryan Campbell; Gary Erwin; Merribeth Kahlich; M.D. Marshall; with Dick Birdwell named chair 2. Public Hearing, presentation, possible action, and discussion on Ordinance 2011-3360, amending Charter 12. "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the Citv of College Station, Texas. by chanaine the zoning district boundaries affecting certain properties, to wit: 7.364 acres located at 2862 North Graham Road. and more generally located west of the intersection of Old Wellborn Road and North Graham Road. from A-O Agricultural Open to PDD Planned Development District. At approximately 8:32 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:33 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz having recused herself, to adopt Ordinance 2011-3360, amending Charter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries affecting certain properties; to wit: 7.364 acres located at 2862 North Graham Road, and more generally located west of the intersection of Old Wellborn Road and North Graham Road, from A-O Agricultural Open to PDD Planned Development District, with an effective date of September 1, 2011. The motion carried. 3. Presentation, possible action, and discussion on Ordinance 2011-3361, calling a Special Election for November 8. 2011 for the purpose of amending the Citv Charter, if necessarv. Terry Childers, 4400 Bellerive Court, vice chair of Charter Review Commission, the second tenant of the reform movement in early part of 21" century is nonpartisanship elections. We have nonpartisan elections; the Council is neither democrat or republican when detennining what is best for community. The Legislature thrust upon us in an untimely manner as to when local elections can be held, impacting when terins of council can be set. How long a person can serve and when elections are held should be decided by the citizens of the community. It is important to allow the citizens of the community to detennine if they want nonpartisan elections in May or have elections in November, allowing those elections to become partisan. The Commission has been working diligently on the charter and needs to continue that work. This issue is important enough to be the only issue to go before the voters. This is a matter that needs to go to the voters for consideration. RM081111 Minutes Page 5 Chuck Ellison, 2902 Camille Drive, reported that the Commission held its first meeting in May and have met twice monthly since then. They have been working to have proposed charter amendments to Council for a charter amendment election in May 2012. They have discussed many issues in their review; then three short weeks ago, Secretary Mashburn presented Senate Bill 100 and the impact of the MOVE act. This has derailed their work. Now they cannot hold a charter amendment election in May 2012; the first opportunity is now November 2012, which is a presidential election. No one on the Commission wanted two year terms in May because of the possibility of a complete turnover. If we want to have this on the November 2011 ballot, the ballot language must be to the County Clerk no later than August 12. As a Commission, they do not want four year terms, but if not that, then citizens would not get the opportunity to vote on May versus November elections. Citizens should have the right to that decision. It is the right of the people to make this decision. He expressed the members' desire to remain on the Commission so that they do not lose the work they have done to date, even if we cannot have a charter amendment election until 2013. The Legislature has not given us much choice. This does not give voters the option to vote on all choices, but this is about elections in May or November. This election gives that opportunity. There are numerous substantive issues, and they don't want those lost in the political chatter of a presidential election. It is not ideal to hold a charter election at the same time as a presidential election. John Anderson, 200 Fireside Circle, stated this is an issue with which honorable, reasonable people can disagree. As to cost, as citizens and elected officials, we have an obligation to be good stewards of the citizens' money. Multiple elections are costly. Elections in May do not preclude partisanship. Since voter turnout is lower in May, it allows special interest groups to garner their will. It also disenfranchises smaller groups and minorities. Then there is the issue of informed voters. Whether in May or November, a voter has an obligation to become informed prior to voting. We have an obligation to inform citizens before elections occur. Four year terms can be onerous for a lot of people. There is also cost inefficiency it is less expensive and more efficient to have elections in November. Susan Laue, 4902 Firestone, said nothing is obvious to the uninformed. A big "ah ha" moment occurred to her when she realized that using this charter amendment at this time is giving up dealing with the charter in a comprehensive fashion in a timely manner. Texas is a Voters Rights Act, Section 5 state. Any change has to be submitted to the Department of Justice to be sure we are not discriminating against a protected class. Off-cycle elections or odd-number elections depress voter turnout, and elections become more exclusive. Many things in this community become very politicized. In this area of law, you are presumed guilty until you can disprove that guilt. She would hate to see us do something that tees us up unless we can prove our off-cycle elections have not been discriminatory. Parviz, Vessali, 110 Pershing, said he has heard that November elections could be doomed to partisanship. The people that vote in May will also vote in November, and that won't disenfranchise others. He agrees that keeping elections in May empowers small groups to have a say in city government, but in November we would have less of that problem. If a councihnember has to resign it would incur additional cost for equipment. Also, staff time boils down to money. If voters choose four year terms, the next charter amendment election would be RM081111 Minutes Page 6 pushed to 2015. He urged the Council to vote on a resolution to move to November, and we could have a charter amendment election in November 2012. Paul Greer, 9100 Waterford Drive, stated that the issue of costs is a serious consideration, but we should realize that three year terms would have an election every year. Four year terms have an election every other year. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Schultz, the City Council voted four (4) for and three (3) opposed, with Mayor Berry, Councihnembers Fields and Ruesink voting against, to adopt Ordinance 2011-3361, ordering a special election to be held on November 8, 2011 for the purpose of amending the City Charter to provide for the regular election of the Mayor and City Council to be held in May of odd- numbered years with the Mayor and City Council serving four (4) year term lengths for no more than eight (8) consecutive years; establishing early voting locations and polling places for this election; and making provisions for conducting the election. The motion carried. 4. Adiournment. MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Shultz, the City Council voted seven (7) for and none (0) opposed, to adjourn the Regular Meeting of the City Council at 10:04 p.m. on Thursday, August 11, 2011. Nancy Berry, Mayor ATTEST: Sherry Maurn, City Secretary RM081111 Minutes Page 7