HomeMy WebLinkAbout09/22/2011 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
SEPTEMBER 22, 2011
STATE OF TEXAS §
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy -Marie Lyles
Julie Schultz
Dave Ruesink
City Staff:
C r 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 Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 7:13 p.m. on Thursday, September 22, 2011 in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas
77842.
1. Pledge of Allegiance, Invocation, consider absence request.
Citizen Comments
There were no Citizen Comments.
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CONSENT AGENDA
� 2a. Presentation, possible action, and discussion of minutes for:
• September 8, 2011 Workshop and Regular Council Meeting
• September 15, 2011 Joint Meeting with Planning and Zoning
2b. Presentation, possible action, and discussion regarding Ordinance 2011 -3369, amending
Chapter 10, "Traffic Code ", Section 5, "Junked Motor Vehicle Regulations ", Section A,
"Definitions ", of the Code of Ordinances of the City of College Station, Texas.
2c. Presentation, possible action, and discussion on Ordinance2011 -3370, amending
Chapter 1, "General Provisions ", of the Code of Ordinances of the City of College Station,
Texas by repealing Section 15, "Disposition of Abandoned or Unclaimed Property;
Disposition of Salvage or Surplus Property; and Disposition of Seized Weapons, Explosive
Weapons, or other Prohibited Contraband "; providing a severability clause; and providing
an effective date.
2d. Presentation, possible action, and discussion regarding Resolution 09- 22- 11 -2d,
approving payment of statewide transmission settlement charges in Docket 39066 of the
Public Utilities Commission of Texas and authorizing Joe Pratt of the legal firm of
Bickerstaff Heath Delgado Acosta LLP to be the legal signatory for the City of College
Station in the final settlement document. The net total charges for College Station in this
settlement will be $500,945.00.
2e. Presentation, possible action, and discussion on Resolution 09- 22 -11 -2e for a
Professional Services Contract 11 -349 with Kimley -Horn and Associates, Inc. for
$452,900.00 for design, bidding, and construction administration for improvements to the
Rock Prairie Road Bridge, and approval of Resolution 09- 22- 11 -2e -a, declaring intention to
reimburse certain expenditures with proceeds from debt.
2f. Presentation, possible action, and discussion approving Resolution 09- 22- 11 -2f,
authorizing expenditures for the Brazos Animal Shelter in the amount of $169,512.90 for
Fiscal Year 2012.
2g. Presentation, possible action, and discussion regarding Resolution 09- 22- 11 -2g,
approving the Offer of Settlement included in a filing with the Federal Energy Regulatory
Commission (FERC) pertaining to an emergency transmission interconnection with ETI
( Entergy). This approval must be given prior to the formal filing of the document at FERC.
2h. Presentation, possible action, and discussion regarding the approval of additional legal
expenses related to the emergency transmission interconnection with Entergy. Total
expenses through FY11 are anticipated to be $75,000 with Duncan, Weinberg, Genzer &
Pembroke, P.C.
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2i. Presentation, possible action, and discussion on a deductive change order in the amount
of $104,648.00 to set the guaranteed maximum price to $5,895,352.00 for the construction
of the Fire Station No. 6 Project.
2j. Presentation, possible action and discussion to authorize expenditure of funds for
FY' 12, items exempt from competitive bidding as described more fully in Texas Local
Government Code, Chapter 252.022; and other expenditures for interlocal contracts or fees
mandated by state law that are greater than $50,000.
2k. Presentation, possible action, and discussion regarding a change order to the
professional services contract with HDR, Inc. (Contract # 10 -152) in the amount of $76,670
for the Lick Creek Wastewater Treatment Plant Miscellaneous Improvements Project.
21. Presentation, possible action, and discussion regarding ratification of an increase in PO
110969 to a new total of $54,823 for repairs to the Carters Creek centrifuge, and approval
of a contingency transfer from the Wastewater Operating Fund in the amount of $28,745.
Items 2e and 2i were pulled from the Consent Agenda for clarification. They were not voted
upon separately.
John Polasek, 3302 Coastal Drive, provided written comments (attached) regarding item 2e.
Cow Judy LeUnes, with the Brazos Animal Shelter, spoke regarding item 2f to provide an update to
the Council regarding the euthanasia rate and feline adoption rate. They are looking at changing
how they report their rates.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda. The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action and discussion concerning approval of a
professional services contract for the Improvements to the Rock Prairie Road Bridge.
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.
2. Presentation, possible action, and discussion on Ordinance 2011 -3371, adopting the City
of College Station 2011 -2012 Budget; and presentation, possible action and discussion
ratifying the property tax revenue increase reflected in the budget.
Taylor Cotton, 2149 Rockcliffe Loop, an endodontist, stated he feels strongly about fluoridation,
which is named as one of the top ten health recommendations. There is solid research supporting
fluoridation, and is very important in the lifetime of a patient. It is very important for kids
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L because it is taken up systemically and over their lifetime it promotes strengthened teeth. He
would like to have an opportunity to provide better data.
Jennifer Hathaway, 1719 Broadmoor, dentist for 18 years, stated she had the benefit of water
fluoridation growing up in Bryan. She is the current president of the local dental society, and
they endorse this as an invaluable public service. She also wants to meet with Bryan and College
Station to educate the Councils. 0.4 ppm is considered suboptimal and can be supplemented
with toothpaste, mouthwash, and the dentist. These supplements are not enough. She asked the
Council to keep the community informed, and if fluoridation is taken out, then please let the
public know so they can make the best decisions for their families.
Larry Kalke, 1109 Rock Prairie, pediatric dentist, specializes in early childhood care. One piece
of the public health care puzzle is fluoridation. 0.4 ppm is not optimal. Keeping fluoridation can
reduce health care costs by 50 %. Dental problems are preventable.
Dr. Grant Wolfe, 2101 Texas Avenue, stated this is an educated progressive community.
Fluoridation is a public health measure that benefits people of all ages. He encouraged the
Council to keep fluoridation in the budget.
Bill Birdwell, 2705 Osier Blvd., practicing dentist for 36 years, said this is an issue near and dear
to his heart. They have established a dental care plan for low income patients. There is no
question that fluoride is important to low income kids. They are the ones drinking the tap water
that is fluoridated. The Department of State Health Services recommends a minimum of 0.7
ppm. It takes $40,000 to restore fluoridation to the budget and important to the children of the
community. Staff's blog comments were sensational and inflammatory. The kids served in the
area are what matter.
Karl Goldapp, 2908 Adrienne, stated that he is a water customer of College Station. He
requested Council to approve the budget as presented, which includes removing fluoridation.
There are high risk groups to be considered. There are no definitive studies that prove
fluoridation alone does not prevent dental disease. High risk groups include formula fed infants
who can exceed safe levels. The older population can accumulate high levels and are at risk for
osteoporosis. Money does not need to be spent to study this any further; Fairbanks, Alaska has
already done that.
Bob Slentz, 912 Trellis Gate, stated that research shows the chemical used to add fluoride is very
hazardous chemical. Fluoridation is not mandated by the EPA or any other federal agency. The
National Kidney Association conducted a study that shows amounts less than 0.2 ppm can be
harmful. Individuals with chronic kidney disease need to be notified. Home water filters do not
remove fluoride from the water. Those individuals that don't want to use fluoride have no
choice. He noted that European countries do not use fluoride, and their rates of dental disease
compare on an equal basis with our rates.
John Case, 2002 Indian Trail, pediatric dentist and orthodontist, stated he was here when Council
voted in the 1980's to add fluoride. If this is about the budget, the safety and efficiency of
fluoride has been proven. He appreciates the Council is watching every dollar, but what will it
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( cost the citizen for treatment, missed school and work, plus pain and disease. He agreed that it is
�r important to get the right dose. Fluoride is a naturally occurring substance, and this has a long
track record. As dentists, they'd be busier if there wasn't fluoride in water.
Sherry Ellison, 2705 Brookway Drive, stated that most citizens cannot provide or hire City
services. Everyone depends on the parks and library for entertainment. She said we don't want
the fees to be too high, and the City has not stopped growing. The citizens depend on the City
for water, electric, and trash. Also, the Fire and Police provide an incredible service. She asked
the Council to vote to ensure the budget continues to provide the City's many services. Also,
she thinks fluoride is a great improvement over dentures.
Ketan Sultawala, 17290 Eagle Pass Drive, pediatric dentist, stated he sees a lot of kids with
severe dental disease. This is an epidemic in our area. Dental decay has been around a long
time. In 2003, the Surgeon General made a report that led to an oral health initiative. This
framework was to promote prevention against tooth decay. It also talks about nutrition and
applying fluoride varnish. The other component is fluoride in the water. Fluoridation provides a
20 -45% reduction overall to decay.
MOTION: Upon a motion made by Councilmember Brick and a second by Mayor Berry, the
City Council voted one (1) for and six (6) opposed, with Mayor Berry and Councilmembers
Fields, Mooney, Lyles, Schultz, and Ruesink voting against, to restore the amount needed to
continue the fluoridation program. The motion failed.
4 1V MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Fields, the City Council voted five (5) for and one (1) opposed, with Councilmember Schultz
voting against and Councilmember Brick abstaining, to reduce the funding to the RVP to
$325,000. The motion carried.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Mooney, the City Council voted seven (7) for and none (0) opposed, to increase the budget for
the Internal Audit Department for one additional employee. The motion carried unanimously.
MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember
Schultz, the City Council voted three (3) for and four (4) opposed, with Mayor Berry and
Councilmembers Fields, Mooney, and Ruesink voting against, to add $10,000 to the Christmas
in the Park program to maintain a more decorated presence in Central Park. The motion failed.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields
voting against, to adopt Ordinance 2011 -3371, accepting the proposed budget as amended. The
motion carried.
MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Mooney, the
City Council voted seven (7) for and none (0) opposed, to ratify the property tax revenue
Cr increase. The motion carried unanimously.
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3. Presentation, possible action, and discussion on approval of Ordinance 2011 -3372,
adopting the City of College Station 2011 -2012 ad valorem tax rate of $0.437995 per $100
assessed valuation, the debt service portion being $0.201536 per $100 assessed valuation
and the operations and maintenance portion being $0.236459 per $100 assessed valuation.
MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Lyles, the
City Council voted six (6) for and none (0) opposed, with Councilmember Ruesink absent from
the dais, to adopt Ordinance 2011 -3372, adopting the City of College Station 2011 -2012 ad
valorem tax rate of $0.437995 per $100 assessed valuation, the debt service portion being
$0.201536 per $100 assessed valuation and the operations and maintenance portion being
$0.236459 per $100 assessed valuation. The motion carried.
4. Presentation, possible action, and discussion regarding Ordinance 2011 -3373, amending
Chapter 11, "Utilities" Section 2, "Water and Sewer Services," of the Code of Ordinances
of the City of College Station, Texas having the effect of raising rates for wastewater
service, with effective date of January 1, 2012.
MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Lyles, the
City Council voted six (1) for and one (1) opposed, with Councilmember Fields voting against,
to adopt Ordinance 2011 -3373, amending Chapter 11, "Utilities" Section 2, "Water and Sewer
Services," of the Code of Ordinances of the City of College Station, Texas having the effect of
raising rates for wastewater service, with effective date of January 1, 2012. The motion carried.
5. Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 10:03 p.m. on Thursday, September 22, 2011.
Nancy Be , Mayor
ATTEST:
Sherry Mash , City Secretary
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