HomeMy WebLinkAbout10/08/2009 - Workshop Minutes City CouncilMayor
Ben White CITY OF COIJXGE STATION
Home of Texas A&M University'
Mayor Pro Tem
David Ruesink
City Manager
Glenn Brown
Minutes
City Council Workshop Meeting
Thursday, October 08, 2009 at 3:00 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., Deputy City Secretary McNutt, Management Team
1. Presentation, possible action, and discussion on items listed on the consent agenda.
Item No. 2b — Council member Ruesink inquired if any additional bids were submitted for the
Texas Avenue Streetscape Construction Contract. Staff replied numerous bids were received.
Item No. 2i — Council member Maloney inquired on Wolf Pen Creek Water and Festival Area
Professional Services Contract and what direction or proposal has Clark Condon Associates,
Inc given on festival site.
Item No. 2h — Mayor White pulled item for discussion - Tanya McNutt, Deputy City Secretary
explained ballot language changes due to software issues. Also, the purpose of revising
resolution was to relocate polling place location of Precinct No. 80 to Christ United Methodist
Church from Brazos Valley Bank. The ILA with Brazos County was amended to reflect this
change.
2. Presentation, possible action, and discussion concerning an alternative to address the
administrative office space needs for city staff, the need for a larger city council chamber, and
more public meeting space.
City Manager Glenn Brown introduced the item with general comments.
Chuck Gilman, Director of Capital Projects identified an option that will help further centralize City
operations; to improve City's efficiencies and lend itself favorable towards Council long term goal
to consolidate city services along Krenek Tap Corridor and strategically allow for our growth as a
City.
City Council Workshop Meeting
Thursday, October 8, 2009
Page 2
Mr. Gilman explained that the next step was to retain the services of an architect to cinduct a
feasibility study for this alternative plan. The scope of this study would include the following:
1. Facility program for the office and meeting space needs.
2. Evaluate the existing building to determine the feasibility of expanding the building:
• Access /egress locations
• Internal circulation
• Lobby space
• Independent structure /single structure
• Aesthetics
3. Preliminary floor plan for the building expansion.
4. Opinion of probable construction cost for the expansion.
Staff recommended proceeding with a study to evaluate the feasibility of expanding the Municipal
Courts Building, or receive alternative direction from Council.
Council directed staff to proceed with the understanding of keeping Council informed step by step.
3. Presentation, possible action and discussion regarding Cell Phone Use in School Zones.
Mark Smith, Director of Public Works presented an overview of the last Legislative Session, House
Bill 55 that approved a new law making it an offense to use wireless communication dev;3es while
driving in a school zone. Staff recommended enforcement on recent amendments to the
Transportation Code that prohibits the use of wireless communication devices by drivers in schools
zones.
Council member Massey made a motion to prohibit wireless communication while driving in school
zones. 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
4. Presentation, possible action, and discussion regarding a proposed amendment to the City's
smoking ordinance that would define tobacco /cigar bars in the City and add them as an
exception.
Hayden Migl, Assistant to the City Manager presented an overview of City's smoking ordinance
passed on January 22 of this year prohibiting smoking in workplaces, bars and bar areas. Exceptions
to the existing ordinance included specialty tobacco stores and actors or actresses participating in a
theatrical performance After the ordinance was passed, staff contacted bar owners to ensure that
their businesses came into compliance and Police allowed a 30 -day grace period in which the
ordinance was enforced but no citations were issued.
Since that time an issue has come up regarding the Hookah Station located at Northgate. The Hookah
Station is a bar that customers smoke flavored tobacco from hookahs, but they are also allowing other
forms of smoking in the establishment. There have been complaints from other bar owners in the City
that this is not equitable since the Hookah Station operates as a bar. The Hookah Station owners'
City Council Workshop Meeting
Thursday, October 8, 2009
Page 3
argument is the ordinance allows their bar to currently operate as it is today because they are a
tobacco specialty shop; however, City staff has pointed out that a majority of their revenue comes
from the sale of alcohol which makes them a bar according to the ordinance. The owners of the
Hookah Station have met with the City and requested an exception. This business is not currently in
compliance with the ordinance, but enforcement action is not being taken at this location until
direction is received from Council. Staff requested Council's direction on determining how to move
forward with an amendment that would define tobacco /cigar bars in the City and add them as an
exception or leave present ordinance as is.
Davis Watson, Attorney for owner of Hookah Station requested Council's approval of proposed
amendment to City's smoking ordinance
Council member Crompton made a motion to direct Assistant to the City Manager Hayden Migl and
the Legal Department staff to return to Council with a definition of a tobacco specialty shop until
further action is taken by Council. Council member Massey seconded the motion, which carried 6 -1.
FOR: Mayor Ben White, Crompton, Mayor Pro Tern Ruesink, Massey, Maloney and Stewart
AGAINST: Council member Lyles
5. Presentation, possible actions and discussion regarding street maintenance operations for
existing roadway infrastructure.
Mark Smith, Director of Public Works presented information describing the management strategies
toward existing roadway infrastructure, service levels and costs for future street maintenance
operations.
Council directed staff to provide a detail report on proposed transportation user fees to fund these
projects with input from the Transportation Committee. No formal action was taken.
6. Council Calendar
Council reviewed upcoming meetings and events.
7. Presentation, possible action, and discussion on future agenda items: A Council Member may
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 items were presented for future agendas.
8. 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
City Council Workshop Meeting
Thursday, October 8, 2009
Page 4
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 Adiustments, BVSWMA, Signature Event Task
Force, (Notice of Agendas posted on City Hall bulletin board).
Council member Ruesink reported on Sister Cities Committee meeting held this month. Topic related
to the process of recruiting youth/9 or 10` grade to be considered for travel to Germany or Russia.
Council member Lyles reported on the Arts Council meeting held this month. Topic related to the
success of celebrating the arts programs, approval of revised budget, the hiring of executive director
and the discussion of future upcoming events.
Council member Massey reported on National Night Out that was held this month. Topic related to
success of 47 neighborhood watch parties in the community.
Mayor White reported on Metropolitan Planning Organization meeting held this month. Topic
related to an interesting project called Gulf Coast Strategic Interstate System. Also a team c.f four (4)
Glenn Brown, Mayor White, John Crompton, Bob Cowell and the Chamber of Commerce met with
group of five (5) developers and had a good dialog on homeowners associations and the future of
College Station.
At 5:15 pm, Mayor White announced that the City Council would convene into executive session
pursuant to Sections 551.071 and 551.072 of the Open Meetings Act to seek the advice of our city
attorney, and to consider the purchase of real property.
9. 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 subiect 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 subiect(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)
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Thursday, October 8, 2009
Page 5
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
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 issues related to Economic Development Agreement between City of College
Station & Sahara Realty
o. Legal issues related to the real estate contract between City of College Station and CHSC,
Ltd.
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. Property located south of the intersection of George Bush Drive and Holleman Drive
10. 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.
Council returned to open session at 7:00 pm. No action was taken.
11. Adiourn.
The workshop meeting concluded at 7:00 p.m.
PASSED AND APPROVED this 9 th day of November, 2009.
ATTEST: APPROVED:
City ecretary Connie Hooks Mayor Ben White