HomeMy WebLinkAbout11/09/2009 - Regular Minutes City CouncilMayor
Ben White CITY OF COIJ EGE STATION
Mayor Pro Tem Home of Texas A &M University"
David Ruesink
City Manager
Glenn Brown
Minutes
City Council Regular Meeting
Monday, November 09, 2009 at 12:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
Councilmembers
John Crompton
James Massey
Dennis Maloney
Katy -Marie Lyles
Lawrence Stewart
COUNCIL PRESENT: Mayor Ben White, Mayor Pro Tern 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 12:00 pm with all Council members present. Mayor White
led the audience in the Pledge of Allegiance. Chief R.B. Alley provided the invocation.
2. Hear Visitors.
Christian Ede 1304 Todd Trail CS — Operator of Taxicab in Bryan/College Station Community
expressed concerns on changes being proposed to Taxicab businesses in College Station.
Alston Thom TAMU — Dept. of Anthology reported an upcoming public event for citizens to come
and learn of the Comanche Nation. This event will be held on November 13 -15, 2009 at the Veterans
Park.
3. 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.
Item No 3j — Mayor Pro Tern Ruesink inquired about changes to the tax roll. Jeff Kersten, Chief
Financial Officer explained that a minimal amount has changed on tax roll.
Council member Maloney present at 12:30.
a. Approved minutes for City Council Workshop and Regular meeting, October 8, 2009 and
October 19, 2009.
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Monday, November 09, 2009
b. Approved renewal of an annual price agreement with Ergon Asphalt & Emulsions to provide
emulsified asphalt products for the maintenance of streets in an amount not to exceed $478,104.
C. Approved Resolution No. 11- 09 -09 -3c accepting the Governors Division of Emergency
Management (GDEM) the 2009 Homeland Security Grant Program Sub - recipient of $75,000,
naming a City staff member as manager of those grant funds, and approving the 2009 City of
College Station Equipment List for purchase.
d. Approved Resolution No. 11- 09 -09 -3d increasing the food establishment health permit fee
collected by the Brazos County Health Department to a flat fee of $400 a year, beginning with
the 2010 permit.
e. Approved the purchase of a Roll -Off Truck from East Texas Mack Sales, LLC and B & C Body
Company be used by the Brazos Valley Solid Waste Management Agency in the amount of
$145,432.00.
f. Approved the purchase of a Ford F750 Truck from Philpott Ford to be used by the Brazos
Valley Solid Waste Management Agency in the amount of $119,734.00.
g. Approved settlement agreement with Wellborn SUD and Main Street Homes, which is the third
of three agreements that will allow the City to pursue TCEQ approval of our application to
extend our sewer certificated area into parts of the ETJ.
h. Approved funding agreement between the City of College Station and the Arts Council of
Brazos Valley for FYI in the amount of $181,000 for Affiliate funding.
i. Approved authorized FY 10 expenditures for the Brazos County Appraisal District in the
amount of $236,692 pursuant to the Property Tax Code 6.06D.
j. Approved the 2009 Property Tax Roll in the amount of $23,623,086.36.
k. Approved :
(1) an amendment to the Professional Services Contract 04 -176 with Epsilon Engineering,
Inc. for the purpose of foregoing transfer and novation of the contract to Jacobs Engineering
Group Inc and also modifying the date for which all design work and other professional services
provided under the Contract must be completed to July 30, 2012, and
(2) a change order to the Professional Services Contract 04 -176 with Epsilon Engineering,
Inc., now Jacobs Engineering Group, Inc., in the amount of $60,870.40, for additional services
to design improvements to the intersection of Barron Road and SH 40.
Approved Change Order to Contract #08 -277 to Brazos Valley Services in the amount of
$233,373.70 for additional construction services related to the College Park/Breezy Heights
Rehabilitation Project.
m. Approved Change Order No. 1 to the Water Reclamation Project design contract in the amount
of $24,000.00 to Contract No. 09 -147 with Lockwood, Andrews, & Newnam for design services
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Monday, November 09, 2009
to provide programming deliverables for control of the water reclamation system.
n. Approved Change Order to Professional Services Contract #05 -160 with McClure & Brown
Engineering in the amount of $211,397.50 related to revisions and updates to the Tauber and
Stasney Streets Rehabilitation design.
o. Approved Resolution No. 11- 09 -09 -3o for Professional Services Contract with Lockwood,
Andrews, and Newnam, Inc. in the amount of $225,477; for the design of the Carters Creek
Wastewater Treatment Plant Lab and SCADA Building and Resolution No. 11- 09- 09 -3o -a
declaring intention to reimburse certain expenditures with proceeds from debt.
p. Approved Interlocal Agreement between the cities of Bryan and College Station in an amount
not to exceed $60,000; for turn lanes and signals at the intersection of University Drive and
Copperfield.
q. Approved Resolution No. 11- 09 -09 -3g to purchase 5.5 Wetland Mitigation Credits in the Steele
Creek Mitigation Bank from OXBOW Investments Inc. in the amount of $137,500.00.
r. Approved the execution of a Right -of -Way Easement Agreement with the Texas A &M
University System (TAMUS), for the construction of Penberthy Road Extension.
Mayor Pro tem Ruesink moved to approve consent items 3a thru 3r. Council member Lyles seconded
the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Council member Crompton, Massey, Maloney,
Lyles, and Stewart
AGAINST: None
1. Public hearing, presentation, possible action, and discussion regarding a proposed amendment
to the City's smoking ordinance.
Hayden Migl, Assistant to the City Manager presented (2) options for proposed amendment to
the City's smoking ordinance.
Amendment Options:
Option A
/ Tobacco specialty shop defined
/ Clarifies that smoking is not allowed at any public meeting, in any public place, or in a
workplace unless specifically permitted
Option B
/ Same as Option A
/ Defines a hookah bar and adds it as an exception
Mayor White opened the public hearing.
Wayne Rife Attorney for Business Owner, 9502 Brookwater Cr., CS - presented Council information
on supporting Option B and grant exception for Hookah Bar to continue operations.
Mark Sweidon Owner, 14105 Renee Ln., CS — explained the environment of Hookah Bars.
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Monday, November 09, 2009
Timothy Kykon 2021 Yaupon, CS - requested Council to support Option B to exempt Hookah
Station from the smoking ordinance.
Mayor White closed the public hearing.
Council member Maloney moved to approve Ordinance No. 3212 that defines hookah bars and adds
them as an exception in addition to defining tobacco specialty shops, with a requirement to receive at
least 30% of their revenues from sales or rental of hookah tobacco products as shown in Option B.
Council member Lyles seconded the motion, which carried 4 - 3.
FOR: Mayor Ben White, Council member Lyles, Maloney, and Stewart
AGAINST: Mayor Pro tern Ruesink, Council member Crompton, and Massey
2. Public hearing, presentation, possible action, and discussion on an ordinance amending
Chapter 12, "Unified Development Ordinance," Section 7.9, "Non- Residential Architectural
Standards," of the Code of Ordinances of the City of College Station as it relates to parking lot
screening.
Lindsay Kramer, Senior Planner presented a proposed ordinance amendment with the intension to
modify the requirements for parking lot screening required in conjunction with the Non - Residential
Architectural Standards.
Existing Ordinance
- All development
- Options for design by LA
NRA Req.
- Berms required if 150k s.f. or greater
Proposed Changes — NRA
- Berms req. (20k s.f. +)
- Allows shrubs, berms, masonry walls
Points are doubled and screening certified
Options for
redevelopment, tree
preservation, LA design
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Crompton moved to approve Ordinance No. 3213 amending the UDO that relates
to parking lot screening. Council member Massey seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tern Ruesink, Council member Crompton, Massey, Maloney,
Lyles, and Stewart
AGAINST: None
3. Public Hearing, presentation, possible action and discussion 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.
Alan Gibbs, City Engineer presented the McCullough -Olden Unit Well # 1 RE which is the re -entry of
a pre- existing well bore is located at the corner of William D. Fitch and Williams Creek Drive. The
original well was permitted in 1993 as a "Rural" classification well. Based on the encroachment by
development the re -entry of this well is classified as "High Impact," in the area of the proposed oil or
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Monday, November 09, 2009
gas operation. Access to the site during drilling operations will be from the existing private access
drive coming off William D. Fitch. Access to the site during production will be from a proposed
private access road off Williams Creek Drive. The Project Review Committee concurred with the
attached City Engineer's Report which detail the permit application deficiencies in regard to the
associated requirements outlined in the Chapter 4: Business Regulations, Section: Oil and Gas
Regulations. Per the ordinance, the City retained CSC Engineering & Environmental Consultants,
Inc., a third party consultant, to evaluate the public impact of the proposed activity. The applicant is
responsible for the consultant's fee of $4,752.11 per the ordinance. The consultant's findings were
provided to the applicant and incorporated into the City Engineer's Report to the Project Review
Committee.
The Project Review Committee, comprised of the Planning and Zoning Commission Chair, the City
Engineer, and the Director of Planning and Development Services, met on October 5, 2009 and
recommended denial of the permit.
Recommendation for Denial
• Well Site Encroachment:
— 50 ft of an Right -of -Way (No Exception)
• Screening:
— Fencing
— Landscaping with Irrigation
• Well Site Access Drive Design:
— Sight Vehicle Triangle to be determined and Vegetation Cleared
• Description of Fire Control Measures
• Proof of Contractual Site Maintenance
Mayor White opened the public hearing.
Ernest V. Bruchez 4343 Carter Creek, representing EnerVest Operating, LLC. in the interest of
applicant — Requesting Council to support an Oil and Gas Operations Permit for the McCullough -
Olden Unit, Well #IRE.
Jim Wilson Property Owner beside the wells in question, stated he doesn't mind the well but traffic
coming through to the well destroy the road but if road is paved and improved to handle the traffic, he
would support.
Mayor White closed the public hearing.
Council member Crompton moved to approve denial of applicant's request. Motion died due to lack
of second.
Council member Massey moved to table for future agenda. Council member Crompton seconded the
motion, which carried 7 — 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles, and Stewart
AGAINST: None
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4. Public Hearing, presentation, possible action and discussion regarding an Oil and Gas
Operations Permit for the McCullough- McCullough Unit, Well #1RE as requested by the
operator, EnerVest Operating, LLC, of Houston, Texas.
Alan Gibbs, City Engineer presented second Oil and Gas Operations Permit for the McCullough -
McCullough Unit, Well #1.
The Project Review Committee, comprised of the Planning and Zoning Commission Chair, the City
Engineer, and the Director of Planning and Development Services, met on October 5, 2009 and
recommended denial of the permit.
Recommendation for Denial
• Well Site Encroachment:
— 600 ft of Residences (Exception: Owner / Occupant Waivers)
— 50 ft of an Easement (No Exception)
• Screening:
— Fencing
— Landscaping with Irrigation
• Well Site Access Drive Design
— Sight Vehicle Triangle to be determined and Vegetation Cleared
— (Relocated Drive may be addressed under separate permit)
• Description of Fire Control Measures
• Proof of Contractual Site Maintenance
Mayor White opened the public hearing. Ernest V. Bruchez 4343 Carter Creek, representing
EnerVest Operating, LLC. in the interest of applicant — Requesting Council to support second
Oil and Gas Operations Permit for the McCullough -Olden Unit, Well #1RE. Mayor White
closed the public hearing.
Council member Crompton moved to table for future agenda. 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. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating
and abandoning a 1,265 square foot, 20 -foot wide public utility easement, which is located on
Lot 3C of Block 1 of the Gatewav Phase 3 Subdivision according to the plat recorded in
Volume 9112, Page 138 of the Deed Records of Brazos County, Texas.
Alan Gibbs, City Engineer presented an easement abandonment that accommodates the development
of Lot 3C of Block 1 of the Gate way Phase 3 Subdivision,
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Massey moved to approve Ordinance No. 3214 to abandon an easement located on
Lot 3C of Block 1 of the Gateway Phase 3 Subdivision. Council member Stewart seconded the
motion, which carried 7 - 0.
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Monday, November 09, 2009
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Council member Crompton, Massey, Maloney,
Lyles, and Stewart
AGAINST: None
6. Presentation, possible action, and discussion on an update regarding the Bicycle, Pedestrian
and Greenway Master Plan.
Vanessa Garza, Greenway Program Manager updated Council on the timeline, system management
and design guidelines recommendation on the Bicycle, Pedestrian and Greenway Master Plan, a
component of the College Station Comprehensive Plan. Also, on new proposed completion date of
early 2010. No formal action was taken.
7. Presentation, possible action, and discussion regarding the extension of Holleman Drive from
its intersection with FM 2818 and making a connection to the existing Jones - Butler roadway
Just east of the Dowling Road Pump Station.
Mark Smith, Director of Public Works updated Council on the developer's plans that have been put
on hold due to economic conditions and unable to construct Holleman extension within time frame
desired by the City. Staff proposed that the City construct the roadway and recover the developer's
share of construction cost through a paving assessment. The key ingredient to making this project
happen is that the necessary right -of -way and easements be dedicated by the developer. Staff is in the
process of negotiating these dedications. Once the land is dedicated the project will be ready to bid.
The bidding and construction process will take 6 to 8 months. No formal action was taken.
8. Presentation, possible action, and discussion regarding an update on the convention center
rp oject.
David Gwin, Director of Economic and Community Development updated Council on staffs process
on Convention Center Project Study and the draft of new Request for Qualifications (RFQ) that will
now update the 2005 market study and feasibility analysis which supported the construction of the
convention center. Also, staff is engaging the major stakeholders into this assessment process.
Jeff Kersten, Chief Financial Officer updated Council on Preliminary Convention Center Pro Forma
of the future Convention Center Project. Staff seeking Council's input and direction of this project.
Council directed staff to move forward with study and would like to see a risk analysis with pro and
con's to educate the citizens of College Station. No formal action was taken.
9. 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.
No discussion was held.
10. Council Calendar
No discussion was held.
11. Presentation, possible action, and discussion on future agenda items: A Council Member may
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Monday, November 09, 2009
inquire about a subject for which notice has not been given. A statement of specific factual
information or the recitation of existing policy may be given. Any deliberation shall be limited
to a proposal to place the subject on an agenda for a subsequent meeting.
No discussion was held.
12. Discussion, review and possible action regarding the following meetings: Arts Council of the
Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of
Governments, Brazos Valley Wide Area Communications Task Force, Cemetery Committee,
Code Review Committee, Design Review Board, Historic Preservation Committee, Interfaith
Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee,
Landmark Commission, Library Committee, Metropolitan Planning Organization, National
League of Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning and
Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley
Partnership, Regional Transportation Committee for Council of Governments, Texas
Municipal League, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf
Pen Creek TIF Board, Zoning Board of Adjustments, BVSWMA, Signature Event Task Force,
(Notice of Agendas posted on City Hall bulletin board).
No discussion was held.
At 3:00 pm, Mayor White announced that the City Council would convene into executive session
pursuant to Sections 551.071, 551.072, and 551.74 of the Open Meetings Act to seek the advice of
our city attorney, to consider the purchase of real property, and to consider the evaluation of public
officers.
13. Executive Session will immediately follow the workshop meeting in the Administrative
Conference Room.
Consultation with Attorney fGov't Code Section 551.0711; possible action. The City Council
may seek advice from its attorney regarding a pending or contemplated litigation subject or
settlement offer or attorney- client privileged information. Litigation is an ongoing process and
questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with
the City Council. Upon occasion the City Council may need information from its attorney as to
the status of a pending or contemplated litigation subject or settlement offer or attorney - client
privileged information. After executive session discussion, any final action or vote taken will be
in public. The following subject(s) may be discussed:
a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply
Corporation
b. Sewer CCN permit requests for Brushy & Wellborn Services Areas
c. Water CCN permit requests for Brushy & Wellborn Services Areas
d. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
e. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites
f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the
Brazos Valley Groundwater Conservation District
g. TMPA v. PUC (College Station filed Intervention)
h. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid
Waste Management Agency contract, on proposed methane gas contract
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Monday, November 09, 2009
i. Update on legal proceedings for Grimes County Landfill site and contracts for development of
Grimes County site
j. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and
Ben White
k. Chavers et al v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station, et al
1. Rogers Sheridan v. Barbara Schob & Greg Abbott
m. Clancey v. College Station, Glenn Brown, and Kathy Merrill
n. Legal rights and obligations regarding ATS and the results of the election
Real Estate {Gov't Code Section 551.0721; possible action The City Council may deliberate the
purchase, exchange, lease or value of real property if deliberation in an open meeting would have a
detrimental effect on the position of the City in negotiations with a third person. After executive
session discussion, any final action or vote taken will be in public. The following subject(s) may be
discussed:
a. Possible Purchase or Exchange of Property near E. University and Tarrow
Personnel {Gov't Code Section 551.0741; possible action
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer. After executive session discussion, any final action or
vote taken will be in public. The following public officer(s) may be discussed:
a. Mayor & Council Self Evaluation
14. Action on executive session, or any workshop agenda item not completed or discussed in
today's workshop meeting may be discussed in tonight's Regular Meeting if necessary.
No formal action was taken.
15. Ad ourn.
Hearing no objections, Mayor White adjourned the meeting at 4:30 p.m. on Monday, November 9,
2009,
PASSED AND APPROVED this December 10, 2009
AT EST: APPROVED:
C � w
ity Sec try [-ra Mayor Ben White