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Home My WebLink About12/08/2011 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION DECEMBER 8, 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: David Neeley, City Manager Kathy Merrill, Deputy City Manager Frank Simpson, Deputy City Manager Carla Robinson, City Attorney Tanya McNutt, Deputy City Secretary Shelley Major, Records Management Coordinator 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 7:05 p.m. on Thursday, December 8, 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. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: RM120811 Minutes Page 1 • November 21, 20 1 1 Workshop and Regular Council Meeting 2b. Presentation, possible action, and discussion on an Ordinance 2011--3384 making the following changes to the City's General Election pursuant to Senate Bill 100, Eighty-Second Regular Legislature: moving the City's General Election day to the first Tuesday after the first Monday in November; establishing an effective date; and providing for severability. Presentaci6n, posible accibn, y discusion sobre una ordenanza 2011-3384, para realizar los siguientes cambios a las Elecciones Generales de la Ciudad de acuerdo al Proyecto de Ley del Senado numero 1, de la Asamblea legislativa Regular numero ochenta y dos: cambiando el dia de las Elecciones Generales de la Ciudad al primer martes despuks del primer lunes en noviembre; estableciendo una fecha efectiva; y estableciendo provisiones divisibles. 2c. Presentation, possible action, and discussion considering Ordinance 2011-3385, amending Chapter 1, Section 16, "Firearms" of the College Station Code of Ordinances. 2d. Presentation, possible action, and discussion on consideration of Ordinance 2011-3386, amending Chapter 10, Section 2F, of the College Station Code of Ordinances regarding the Traffic Control Device Inventory, Schedule V (School Zones). 2e. Presentation, possible action and discussion regarding Resolution 12-08-11-2e, approving the purchase of various maior equipment for the expansion of College Station Switch Substation totaling $510,023.00 and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. 2f. Presentation, possible action and discussion regarding the approval of Resolution 12-08- 11-2f, accepting from the Texas Division of Emergency Management (TDEM) the 201 1 Homeland Security Grant Program Subrecipient of $50,743, naming a City staff member as manager of those grant funds, and approving the 2011 City of College Station Equipment List (SHSP-LETPA) for purchase. 2g. Presentation, possible action and discussion on Resolution 12-08-11-2g, awarding a Construction Contract (12-031) to Follis-Cole Construction, LLC, in the amount of $162,899.69 for the Emerald Forest Drainage Improvements Proiect. 2h. Presentation, possible action, and discussion regarding Resolution 12-08-11-2h, approving the professional services contract (Design Contract 12-008) with Bleyl and Associates in the amount of $95,749.80, for the design of the Plantation Oaks Waterline (WF1433732). 2i. Presentation, possible action, and discussion regarding Resolution 12-08-11-2i, approving the construction contract (Contract 12-030) with Dudley Construction in the amount of $712,656.42, for the construction of the Stephen C. Beachy Central Park Improvements proiect (PK 1001) which includes the replacement of the existing concessions facility at the softball fields. RM120811 Minutes Page 2 2j. Presentation, possible action and discussion on renewing the annual contract for gasoline and diesel fuel (Contract #10-054) with Brenco Marketing Corporation for one year; and authorize the annual estimated expenditures of $1,552,000.00. 2k. Presentation, possible action, and discussion regarding a Service Contract with Payment Processing Inc. for Electronic Credit Card Processing and Merchant Account Services for an initial three (3) year term with estimated banking fees and service charges not to exceed $750,000 annually; and authorization for the City Manager to approve related Billing Schedules as needed from time to time. 21. Presentation, possible action, and discussion regarding adoption of the 2012 Annual Council Calendar. 2m. Presentation, possible action, and discussion regarding an annual price agreement with Daco Fire Equipment, in the amount of $74,175.93 for personal fire protective equipment. 2n. Presentation, possible action, and discussion on approving the Stop Loss reinsurance for the City's self-funded health plan with Blue Cross and Blue Shield of Texas (BOBS) for the period of January 1, 2012 through December 31, 2012. The estimated annual premiums are $552,888. 20. Presentation, possible action, and discussion on approving projected claim expenditures for the period of January 1, 20 12 through December 31, 2012. The projected amount for 4 claims is $7,008,750. 2p. Presentation, possible action, and discussion regarding contract renewal for Third- Party Claims Administration with AS&G Claims Administration Inc., for an annual expenditure of $52,000. 2q. Presentation, possible action, and discussion regarding a proposal to bring an annual National Junior College Athletic Association Football Bowl Game to Bryan-College Station. 2r. Presentation, possible action, and discussion regarding the lease agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau (CVB). 2s. Presentation, possible action, and discussion on a bid award for the purchase of steel, fiberglass, and concrete electric distribution poles to KBS Electric $105,520; HD Utilities $136,230; Techline $7,467; and StressCrete $244,280 for a total of $493,497.00. Items 2q, 2r were pulled for a separate vote. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Lyles, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less items 2q and 2r. The motion carried unanimously. RM120811 Minutes Page 3 (2r)MOTION: Upon a motion made by Councilmember Lyles and a second by Mayor Berry, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to approve the Consent Agenda Item 2r. The motion carried. (2q)MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schulz, the City Council voted five (5) for and one (1) opposed, with Councilmember Fields voting against and Councilmember Brick recusing herself, to approve the Consent Agenda Item 2q. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion on Ordinances 2011-3387, and 2011-3388, amending Chapter 3, "Building Regulations" of the Code of Ordinances of the City of College Station, Texas, adopting the 2012 International Building Code and the 2011 National Electrical Code and Chapter 6, "Fire Protection" of the Code of Ordinances of the City of College Station, Texas, adopting the 2012 International Fire Code and 2012 Life Safety Code. At approximately 7:37 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:38 p.m. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Ruesink, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to adopt Ordinances 2011-3387, and 2011-3388, amending Chapter 3, "Building Regulations" of the Code of Ordinances of the City of College Station, Texas, adopting the 2012 International Building Code and the 2011 National Electrical Code and Chapter 6, "Fire Protection" of the Code of Ordinances of the City of College Station, Texas, adopting the 2012 International Fire Code and 2012 Life Safety Code. The motion carried. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2011- 3389, amending Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 1.97 acres located at 300 Texas Avenue South from C-1 General Commercial and R-4 Multi-Family to PDD Planned Development District. At approximately 7:47 p.m., Mayor Berry opened the Public Hearing. Derek Walton, 708 North Ave, Bryan, Texas, representative of Jones and Carter, the engineering firm representing the applicant, is present to answer questions. Jim Ross, member, Planning & Zoning Commission, stated that the Commission recommends Council approve this item. There being no further comments, the Public Hearing was closed at 7:53 p.m. RM120811 Minutes Page 4 MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011- 3389, amending Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 1.97 acres located at 300 Texas Avenue South from C-I General Commercial and R-4 Multi-Family to PDD Planned Development District. The motion carried unanimously. 3. Public Hearing, presentation, possible action and discussion of Ordinance 2011-3390, amending Chapter 10 "Traffic Code", to remove parking along the south side of Gilchrist, west side of a section of Ashburn, and within 30 feet of the intersections of Gilchrist with Ashburn and Marsteller. At approximately 7:59 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:00 p.m. Nick Reeves, Assistant Principal, College Hills Elementary stated that school staff and the College Station Independent School District both support this amendment. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011- 3390, amending Chapter 10 "Traffic Code", to remove parking along the south side of Gilchrist, west side of a section of Ashburn, and within 30 feet of the intersections of Gilchrist with Ashburn and Marsteller. The motion carried unanimously. 4. Public Hearing, presentation, possible action and discussion of an ordinance amending Chapter 10 "Traffic Code", to remove parking along sections of Graz, Vienna, and Arnold streets in the Edelweiss subdivision. At approximately 8:12 p.m., Mayor Berry opened the Public Hearing. Logan Freeman, 3618 Vienna Drive, President of Edelweiss HOA, stated that he mailed letters to residents regarding this amendment and received a 3 to 1, yes to no ratio. Mr. Freeman requests that the council approve this item. Mr. Freeman also stated that the ration of owners to renters is approximately fifty/fifty, with small families being in the slight majority. He also stated that the driveways will easily fit four cars, not including in the garage, depending on the car size. Steve Strong, 2503 Whispering Oaks Circle, Bryan, Texas, owner of 3600 Vienna, said he had no opportunity before the notice of this hearing sent by the city, to vote on this amendment and there were a number of home owners who were not given the opportunity to participate in the process. He asked Council to consider tabling this item and review it again after following proper procedure. Mr. Strong spoke with staff and was advised that Planning & Development Services obtains votes from all owners. Mr. Strong also noted that it is still manageable for Fire and EMS to navigate this section as agreed by the City's Fire Dept. RM120811 Minutes Page 5 4W Matt Cope, 1207 Lancelot, Vice President of Community Relations for the TAMU Student Senate, stated he was present to represent the student body on the matter of parking restrictions as a whole. Mr. Cope stated that the student body is opposed to this amendment as a whole. He also said that the pictures presented by staff do not represent a need for the restrictions. Mr. Cope stated that being able to park four vehicles in one driveway is not practical especially with households of students. Mr. Cope requests that this item be postponed. This item was not voted on by the Student Senate, and was brought to the attention of the Executive Members of the Student Senate by Mr. Steve Strong. Thomas Mather, 945 Dove Landing, former HOA member, stated that the HOA can only put parking restrictions on the home owners property and that is why they came to the city for help. Mr. Mather stated that the HOA did due diligence and preformed every requirement given by the city to have this issue brought to Council. Hassau Charara, 3609 Vienna Drive, stated that other than the initial contact the HOA made with him, he heard nothing regarding this matter. He has concerns about where the overflow created by taking away the parking will park. This amendment would cause parking on his side of the street to increase and create a safety hazard by blocking the view on his street where children frequently play. There being no further comments, the Public Hearing was closed at 9:05 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Lyles, the City Council voted 7 for and 0 opposed, to table the ordinance amending Chapter 10 "Traffic Code", to remove parking along sections of Graz, Vienna, and Arnold streets in the Edelweiss subdivision for future discussion. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion on Ordinance 2011-3391, of the City of College Station declaring certain goods-in-transit to be subject to taxation by the City of College Station and not exempt from taxation under the Super Freeport exemption contained in Texas Tax Code Section 11.253. At approximately 9:28 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:28 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Lyles, the City Council voted 6 for and 1 opposed, to adopt Ordinance 2011-3391, of the City of College Station declaring certain goods-in-transit to be subject to taxation by the City of College Station and not exempt from taxation under the Super Freeport exemption contained in Texas Tax Code Section 11.253. The motion carried. 6. Presentation, possible action, and discussion regarding approval of Resolution 12-08-11- 06, changing the sales price of cemetery spaces for the College Station Municipal Cemetery System. RM120811 Minutes Page 6 MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Lyles, the City Council voted 7 for and 0 opposed, to adopt Resolution 12-08-11-06, changing the sales price of cemetery spaces for the College Station Municipal Cemetery System. The motion carried unanimously. 7. Presentation, possible action, and discussion on appointments to the Sunset Advisory Commision. By majority consent, Council appointed Ann Marsh, Kay Parker and Betty Trost to the Sunset Advisory Commission. 8. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 9:45 p.m. on Thursday, December 8, 2011. Nancy Berry, MATTEST: Sherry Ma burn, City Secretary L RM120811 Minutes Page 7