HomeMy WebLinkAbout12/10/2009 - Regular Minutes City CouncilCouncilmembers
John Crompton
James Massey
Dennis Maloney
Katy -Marie Lyles
Lawrence Stewart
Minutes
City Council Regular Meeting
Thursday, December 10, 2009 at 7:00 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 and 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
1. Pledge of Allegiance, Invocation, Consider absence request.
Mayor White called the meeting to order at 7:01 pm with all Council members present. Mayor White led
the audience in the Pledge of Allegiance. Fire Chief R.B. Alley provided the invocation.
Presentation: Introduction of New Community Librarian:
Mayor White recognized Recreation Superintendent David Gerling. David Gerling introduced Clara
Mounce Community Librarian (Retiree) and the new Community Librarian Larry Koeninge.
Hear Visitors:
The following individuals addressed the City Council regarding Red Light camera issues:
Jess Fields 1331 Harvey Mitchell
David Poprik 1206 Spartanburg
ny
Dan Stevens 514 Thornton Ct.
Buck Prewitt 2302 Scotney Ct., asked questions about expenditures within the FY10 budget. City
Manager was asked to respond Mr. Prewitt's request.
Jim Maness Arrington Rd., thanked Council for tree ordinance because it has force him to do more
research which help him to find that tree ordinance is nothing but a seizing and dictating what citizens can
do with their. own property.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda by majority
vote of the Council.
a. Approved minutes for City Council Workshop and Regular meeting, November 9, 2009, and
November 16, 2009.
b. Approved Ordinance No. 3217 amending Chapter 10, "Traffic Code ", of the Code of Ordinances of
the City of College Station, Texas, by repealing Section 11 AUTOMATIC TRAFFIC SIGNAL.
ENFORCEMENT(Red Light Camera Program); and providing an effective date.
C. Approved Ordinance No. 3218 approving Oversize Participation (OP) for a water line improvement,
in the Sonoma Subdivision, Phase 3 for a total requested City participation of $147,614.50.
d. Approved Ordinance No. 3219 amending Chapter 10, "Traffic Code," Section 2G (1) of the Code
of Ordinances of the City of College Station to repeal the existing bicycle prohibition on Texas
Avenue.
e. Approved Interlocal Agreement (ILA) between the Cities of College Station and Bryan for the design
costs of a traffic signal at the intersection of Wellborn Road with F &B and Old College. The City of
College Station's portion is estimated not to exceed $21,000. A second ILA will come at a later date
for the Council to consider participating in the construction costs.
f. Approved contract with HGAC for purchase of Motorola radio equipment and services to upgrade
the handheld and mobile radios in preparation for activation of the Brazos Valley Wide Area
Communications System (BVWACS) in an amount not to exceed $2,500,000.00.
g. Approved ratify medical claims expenses of $291,633.88 and authorize additional projected claims of
$364,183.75 for a combined increase to the 2009 Blue Cross Blue Shield purchase order 090433, in
the amount of $655,817.63.
h. Approved contract renewal for Third Party Claims Administration with A S & G Claims
Administration, Inc. for an annual expenditure of $52,000. Anticipated workers compensation claims
for FY10 are $100,000 and anticipated liability claims for FY10 are $330,000.
i. Approved annual renewal of Property and Casualty insurance policies for the term October 1, 2009 to
September 30, 2010 for a total of $412,835 to include:
j. Approved renewal contracts with Blue Cross and Blue Shield of TX for medical and dental coverage,
Deer Oaks for the employee assistance program, and Standard Insurance Company for long term
disability insurance.
k. Approved total health plan expenditures for the period of January 1, 2010 through December 31,
2010. The projected amount for both the renewals and total projected expenditures is $7,821,243.80.
1. Approved Resolution No. 12- 10 -09 -2L on construction contract (Contract No. 10 -049) with The
Ground Crew, LLC for the amount of $246,739.29 for the construction of the University Drive
Beautification Project.
m. Approved Real Estate Contract with JILL MARY DUNLAP, as Independent Executrix of the
ESTATE OF WAYNE ALAN DUNLAP, deceased and as Trustee of THE DUNLAP FAMILY
TRUST, created under the Will of Wayne Alan Dunlap, deceased, BEVERLY J. FURRER,
PATRICIA J. VOGEL and THOMAS L. BROWN, JR., ( "SELLERS ") for a 26 foot variable width
strip of right of way and a 10 foot wide public utility easement needed to widen Barron Road. The
purchase price for the property is $85,351.00. Closing costs, title insurance and incidentals will not
exceed $3,000.00.
n. Approved Resolution No. 12- 10 -09 -2n designating the request for Construction Manager at Risk
(CMAR) as an alternative delivery method for the Larry J. Ringer Library Expansion (GG1010).
o. Approved Resolution No. 12- 10 -09 -2o awarding the professional services contract (Contract No. 10-
067) with HDRIClaunch & Miller in the amount not to exceed $778,725.00 for engineering design
services for the Raymond Stotzer West project.
p. Approved Resolution No. 12- 10 -09 -2p awarding the bid and approval of a construction contract
(Contract Number #10 -037) with Wade Contractors, Inc. in the amount of $71,073 for replacement
construction improvements in Windwood Park.
q. Approved Resolution No. 12- 10 -09 -2g for Construction Contract with Gamey Companies, Inc., in
the amount of $3,592,544, for the construction of the Well No. 8 Collection Line and the Parallel
Wellfield Collection Line and approved Resolution No. 12- 10- 09 -2g -a declaring intention to
reimburse certain expenditures with proceeds from debt.
r. Approved award of an annual contract for gasoline and diesel fuel (Contract #10-054) to Brenco
Marketing Corp. (Bryan, TX) for the amount of $1,014,815.00.
S. Approved award of an annual contract for gasoline and diesel fuel to Brenco Marketing Corp.
(Bryan, TX). The annual estimated expenditure for gasoline and diesel fuel for BVSWMA is
$296,973.00.
t. Approved Advance Funding Agreement (AFA) between The City of College Station and TxDOT
allowing the City to construct improvements within the FM 2818 right of way related to the
Holleman Extension project.
U. Approved Resolution No. 12- 10 -09 -2u to submit application to the Department of Homeland
Security SAFER Grant Program in the amount of $1,857,775 to hire 15 firefighters and agreeing to
provide the balance of $1,010,132 to complete the cost of the staffing for year 3 to meet the
requirements as set forth in the SAFER Grant program.
V. Approved purchase of 48 replacement and 19 upgrades for Mine Safety Appliance (MSA)
manufactured self contained breathing apparatus (SCBA) distributed by Casco Industries Inc. for
$320,879.20.
w. Approved Resolution No. 12- 10 -09 -2w awarding Bid No. 10 -16 to Re -Con Company for the rebid
for construction of Dowling Road Substation in the amount of $2,975,960.21, plus owner furnished
material of $1,785,536.00, for a total bonded project requirement of $4,761,496.21, and approved
Resolution No. 12- 10- 09 -2w -a declaring intention to reimburse certain expenditures with proceeds
from debt. Also, the rejection of Bid No. 09 -86 for the construction of Dowling Road Substation.
X. Approved settlement agreements with the Brazos River Authority and Wellborn Special Utilities
District to resolve their protests to the City's Bed and Banks Permit application before the TCEQ.
y. Approved Resolution No. 12- 10 -09 -2y regarding an Oil and Gas Operations Permit for the
McCullough -Olden Unit, Well #IRE as requested by the operator, EnerVest Operating, LLC. of
Houston, Texas.
Z. Approved Resolution No. 12- 10 -09 -2z regarding an Oil and Gas Operations Permit for the
McCullough - McCullough Unit, Well #IRE as requested by the operator, EnerVest Operating, LLC.
of Houston, Texas.
Council member Crompton moved to approve consent items 2a, 2c, 2e thru 2v, 2w, 2y and 2z. Council
member Massey seconded the motion. Motion carried.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
ABSTAINED: Maloney from 2y and 2z.
Council member Massey moved to approve consent item 2b. 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
Council member Crompton moved to approve consent item 2d. Mayor Pro tem Ruesink seconded the
motion, which carried 6 - 1.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney and Stewart
AGAINST: Council member Lyles
Staff requested Council make two motions on consent item 2x; for Brazos River Authority settlement
agreement and Wellborn Special Utility District settlement agreement.
Council member Stewart moved to approve consent item 2x to authorize the City Manager to enter into a
settlement agreement with Brazos River Authority with general terms to include College Station's
agreement to withdraw its protest to BRA's system operating permit application in consideration for BRA
withdrawing its protest to the City's bed & banks permit application, and BRA's agreement not to use
College Station's return flows that are subject to its bed & banks permit, and all additional terms
necessary to effect this settlement as described. Mayor Pro tem Ruesink 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 Stewart moved to approve consent item 2x to authorize the City Manager to enter into.'a
settlement agreement with Wellborn Special Utility District with general terms to include Wellborn
withdrawing its protest to the City's bed & banks permit application in consideration for College Station's
agreement to a special condition added to the final version of the permit in which College Station agrees
not to hold Wellborn liable for its diversions of water pursuant to the terms of its March 15, 2004
agreement with BRA, and all additional terms necessary to effect this settlement as described. Mayor Pro
tem Ruesink seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
1. Public hearing, presentation, possible action, and discussion on an ordinance adopting Chapter 3,
"Building Regulations" of the Code of Ordinances of the City of College Station, Texas, approving
the 2009 International Codes with related amendments and the 2008 National Electrical Code with
related amendments for use in College Station.
Bob Cowell, Director of Planning and Development Services provided a brief summary of the 2009
International Codes and 2008 National Electrical Code.
Chris Haver, Building Official presented an overview of the 2009 International Building Codes and 2008
National Electrical Code Adoption. The Construction Board of Adjustment and Appeals considered the
aforementioned codes at a series of public meetings during September, October, and November of this year
and recommended approval of the codes and amendments as presented. Staff also recommended approval.
Mr. Haver also presented an overview of the changes contained in the International Residential Code to
representatives of the local Homebuilders Association, involved local design professionals in the review of
the International Building Code, and consulted the Energy Systems Lab regarding changes to the Energy
Conservation Code.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Maloney moved to approve Ordinance No. 3220 adopting Chapter 3, "Building
Regulations" and approving the 2009 International Codes with related amendments and the 2008 National
Electrical Code with related amendments for use in College Station, on Building Codes and amendments.
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
2. Presentation,
possible action, and discussion on
an ordinance amending
Chapter 6,
"Fire
Protection ",
of the Code of Ordinances of the City
of College Station, Texas by
amending
certain
sections as set out, adopting the 2009 International Fire Code with related amendments and the
2009 NFPA Life Safety Code.
Fire Marshall Eric Hurt presented an overview of the International Code Council and NFPA issue that has
updated code editions every three years. The adoption of the 2009 International Fire Code and the 2009
NFPA Life Safety Code is also a key component of the Planning and Development Vision Statement, and
the Core Values to promote the health, safety and general well being of the community as outlined in the
City of College Station Strategic Business Plan.
Council member Maloney moved to approve Ordinance No. 3221 amending Chapter 6, "Fire Protection."
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
3. Public hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, "Unified Development Ordinance ", Section 7.5 "Landscaping and Tree Protection" of
the Code of Ordinances of the City of College Station, Texas and discussion of riparian area
protection.
Bob Cowell, Director of Planning and Development Services introduced a brief overview of
Landscaping, Tree Protection and riparian area protection provisions in the proposed ordinance
amendment.
Matt Robinson, Staff Planner presented an ordinance amendment, that required new single - family and
townhouse lots plant two trees of two -inch caliper or larger in the front yard. He also stated that two
additional changes included providing a greater point credit for trees that are designated to be preserved or
barricaded during development and an additional point credit for landscape plans prepared by qualified
landscape professionals.
Mayor White opened the public hearing.
Parvis Vessali, 110 Pershing concerned with tree preservation and the proposed incentives.
Sherry Ellison 2705 Brookway, expressed support about the tree preservation provisions.
Buck Prewitt 2302 Scotney Ct., stated that good developers recognize the importance of landscaping
within developments.
Brian Alg 2003 Longmire Ct. requested Council deny ordinance.
Mayor White closed the public hearing.
Council member Stewart moved to approve Ordinance No. 3222 on Chapter 12, "Unified Development
Ordinance ", Section 7.5 "Landscaping and Tree Protection." as amended meaning Section 7.5.B.2a with
minimum of two (2) trees with 2" caliper or one 4" or greater tree planted anywhere. 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
Vanessa Garza, Greenways Program Manager explained the riparian setback elements protection program;
a corridor of natural vegetation along a stream that benefits: Open space protection, Creates a transitional
zone between the stream and the impacts of development, Floodplain and Storm water, Management
Stream bank, Stabilization Water quality, Protection Wildlife and Aquatic Habitat Protection. No formal
action was taken.
4. Public hearing, presentation, possible action, and discussion on an ordinance 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 from C -1 General Commercial to a Planned
Development District 1.317 acres located at 300 A Holleman Drive East.
Jennifer Prochazka, Senior Planner presented the rezoning of 1.317 acres located at 300 A Holleman
Drive East from C -1 General Commercial to a Planned Development District. Staff and the P &Z
Commission recommended approval of the. rezoning, the associated concept plan, and the proposed
meritorious modifications.
The applicant requested meritorious modifications to the following:
1. Section 7.2.I "Number of Off - Street Parking Spaces Required" of the Unified Development
Ordinance.
2. Section 7.2.E "Interior Islands" of the Unified Development Ordinance
3. Section 5.4 "Non- Residential Dimensional Standards" of the Unified Development Ordinance
4. Section 7.1.2 "Single - Family Protection" of the Unified Development Ordinance
5. Section 7.6.1 "Buffer Standards" of the Unified Development Ordinance
Also, the staff recommended that at the time of site plan, any proposed lighting located further south on
the site than the face of the southernmost building be screened using canopy trees.
Mayor White opened the public hearing.
Jane Kee IPS Group, stated that the development would be fire protected and said that she feels like there
would be sufficient parking. Also, that there would not be a drive -thru facility because of the way the
buildings are split.
The developer Bo Miles, 2917 Carmel spoke in support of the project and thanked Jennifer Prochazka and
staff for all their work.
Mayor White closed the public hearing.
Council member Maloney moved to approve Ordinance No. 3223 amending Chapter 12, 1.317 acres
located at 300 A Holleman Drive East from C -1 General Commercial to a Planned Development District
with the condition that a drive thru window will not be allowed and that the 4000 square feet remain
commercial. Council member Stewart seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
5. Presentation, possible action, and discussion regarding the establishment of a Code Coordination
Sub - Committee of various Boards, Commissions, and Council involved in the implementation and
enforcement of the Unified Development Ordinance and other development related regulations and
standards and appointment of membership to the same.
Bob Cowell, Director of Planning and Development Services addressed the proposed criteria to the
formation of a UDO Code Coordination Subcommittee. Council concurred and requested that members
from other Committees be appointed to this committee.
Two City Council appointees - The Mayor and one other Council Member
- Mayor shall be chair or his appointee
Chair of the P &Z Commission or his/her designee
Chair of the ZBA or his /her designee
Chair of the DRB or his/her designee
Chair of the Landmark Commission or his/her designee
Citizen at large - appointed by the Mayor
Council member Lyles moved to approve UDO Oversight Committee membership as recommended.
Council member Stewart seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tern Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
Council returned to discuss workshop items
6. Workshop - Presentation, possible action, and discussion regarding adoption of a revised Electronic
Mail Records Retention and Destruction Policy.
Ben Roper, Director of Information Technology presented Council a proposed policy for Electronic Mail
Records Retention and Destruction Policy. Staff recommended approval of the revised policy and funds
for this project included in the IT Operating Budget. Council concurred.
4. Workshop - Presentation, possible action, and discussion regarding an update on the proposed user
fees for Parks and Recreation Department activities and facilities for Calendar Year 2010.
Item was deferred to a future meeting.
7. Adjourn.
Hearing no objections, Mayor White adjourned the meeting at 9:50 pm on Thursday, December 10, 2009.
PASSED AND APPROVED this January 28, 2010
ATTEST: APPROVED-
.
City Secretary Connie Hooks Mayor Ben White