HomeMy WebLinkAbout05/28/2009 - Regular Minutes City Council(*41
Mayor CITY OF COLLEGE STATION
Ben White
Mayor ProTem
Lynn McIlhaney
City Manager
Glenn Brown
Minutes
City Council Workshop and Regular Meetings
Thursday, May 28, 2009 3:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
Councilmembers
John Crompton
James Massey
Dennis Maloney
Lawrence Stewart
David Ruesink
COUNCIL PRESENT: Mayor White, Mayor Pro Tern McIlhaney, Council members Crompton, Maloney,
Massey, Ruesink, 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
Mayor White called meeting to order at 3:00 p.m.
Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed on the consent
agenda.
Council member Crompton inquired about Consent agenda item 2g, Interlocal agreement receiving monies from
TAMU for fire protection at Easterwood Airport. Fire Chief Alley responded that the City contributes $58,000
each year.
David Gwin Director of Economic and Community Development stated tharequested to speak on consent item 2f
- crossing guard funds not available under the American Recovery and Reinvestment Act of 2009.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion on an update regarding the
Bicycle, Pedestrian and Greenway Master Plan
Vanessa Garza, Staff Planner presented an overview of the planning process to date toward the Master plan of
Bicycle, Pedestrian and Greenways, a component of the Comprehensive Plan.
Council expressed comments about the plan's intent to provide safety measures for pedestrian and bicyclists
among park systems. Of particular interest was the path created to Lick Creek Park.
Ms. Garza noted that the plan was proposed to be adopted in October 2009.
No formal action was taken.
Workshop Agenda Item No. 3 -- Presentation possible action and discussion regarding the apportionment
of the costs of thoroughfare development
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Thursday, May 28, 2009
Alan Gibbs, City Engineer presented an overview regarding the apportionment of cost of thoroughfare
development. He requested Council direction regarding development participation in light of past practice and
the new "rough proportionality" rule.
Council made remarks about the methodologies and asked staff to bring back detailed information addressing the
different methodologies.
No formal action was taken.
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding the Larry J.
Ringer Library Interlocal Agreement Update Presentation.
Introduced by Tony Cisneros, Director of Parks and Recreation Services.
David Gerling Special Facility Superintendent presented an update on the interlocal agreement with the City of
Bryan related to the Larry J. Ringer Library s ervices. He complimented the staff in both cities on their
collaboration to make this service a success for all citizens. Staff recommended Council continue utilizing the
current library interlocal agreement due to the services and operations working well.
Council concurred with original agreement. No formal action was taken.
Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion regarding progress on
regulatory changes for on -site sewer facilities.
David Coleman, Director of Water Services presented a report on the progress of the regulation changes for the
on -site sewer facilities in the ETJ.
No formal action was taken.
Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion regarding an update of the
2009 Bryan /College Station Chamber of Commerce Washington, D.C. trip taken May 11 -14.
Mayor White reported on the success of the 2009 Bryan/College Station Chamber trip to Washington, DC.
Workshop Agenda Item No. 7 -- Council Calendar
Council reviewed activity calendar.
Workshop Agenda Item No. 8 -- 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.
Workshop Agenda Item No. 9 -- 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, Design
Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental
Committee, Joint Relief Funding Review Committee, 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
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Thursday, May 28, 2009
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).
Council member Ruesink reported on CVB activity. Hotel bookings were lower in April & May due to Expo
Center having higher usage. .
Council member Stewart commended Ty Elliott on his report to the Audit Committee. .
Mayor White reported that Larry Hodges is Chair Elect for the Research Valley Partnership Board. Mayor White
also reported on the meeting of the Brazos County Health Department Board.
At 5:05 p.m. Mayor White announced that the City Council would convene into executive session pursuant to
Sections 551.071, 551.072, and 551.087 of the Open Meetings Act to seek the advice of our city attorney, to
consider the purchase of real property, and economic development negotiations.
Workshop Agenda Item No. 10 -- Executive Session will immediately follow the workshop meeting in the
Administrative Conference Room.
Consultation with Attorney {Gov'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
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. Review of legal aspects of the Open Meetings Act
m. Rogers Sheridan v. Barbara Schob & Greg Abbott
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:
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City Council Workshop & Regular Minutes
Thursday, May 28, 2009
a. Possible Purchase or Exchange of Property near E. University and Tarrow
Economic Development Negotiations {Gov't Code Section 551.0871 possible action The City Council may
deliberate on commercial or financial information that the City Council has received from a business prospect
that the City Council seeks to have locate, stay or expand in or near the city with which the City Council in
conducting economic development negotiations may deliberate on an offer of financial or other incentives for a
business prospect. After executive session discussion, any final action or vote taken will be in public. The
following subject(s) may be discussed:
a. Proposed Development located North and East of the Intersection of William D Fitch and State Hwy 6
b. Arctic Wolf Ice Center
Workshop Agenda Item No. 11 -- Action on executive session, or any workshop agenda item not completed
or discussed in today's workshop meeting will be discussed in tonight's Regular Meeting if necessary.
Council recessed from the executive session at 6:55 pm. No formal action was taken.
Workshop Agenda Item No. 12 — Adjourn.
The workshop meeting concluded at 7:00 p.m.
Minutes of Regular Agenda
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Consider absence request.
Mayor White called the meeting to order at 7:00 pm with all Council members present. Mayor White led the
audience in the Pledge of Allegiance. Chief R.B. Alley provided the invocation.
Presentation:
Mayor White and City Manager Brown recognized Debbie Eller as Recipient of the 2009 Jefferson Award.
Hear Visitors:
Brian Alg spoke about concerns with the City's proposed Tree Ordinance.
Regular Agenda Item No. 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 maiority vote of the Council.
a. Approved minutes for Council meetings of April 23, 2009.
b. Approved the purchase of seven (7) Police Motorcycles from Independence Harley Davidson Buell of
College Station for the amount of $186,931.15 which includes a three year Extended Service Plan (at $725
each.)(Bid Number 09 -45.)
c. Approved the rejection of the response to RFP #09 -41, Public Internet Service.
d. Approved Resolution No. 05- 28 -09 -2d by the City Council of the City of College Station, Texas, directing
publication of notice of intention to issue certificates of obligation, series 2009; and providing an effective
date.
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Thursday, May 28, 2009
e. Approved Change Order No. 2 to the construction contract with JCF Bridge & Concrete, Inc. (Contract No.
09 -041) in the amount of $26,334.40 for the 2005 Bike Loop Phase I — Longmire Improvements project.
f. Approved Resolution No. 05- 28 -09 -2f on a substantial amendment to the City's 2008 Annual Action Plan
to include new Community Development Block Grant Program (CDBG -R) funds under the American
Recovery and Reinvestment Act of 2009.
g.Approved Resolution No. 05- 28 -09 -2g of an Interlocal Agreement and resolution accepting from Texas
A &M University the sum of $176,304.75 for providing Fire Protection to Easterwood Airport.
Council member Maloney moved to approve consent items 2a thru 2g. Council member Stewart seconded the
motion, which carried 7 -0.
FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 1 -- Public Hearing, presentation, possible action, and discussion on
consideration of an ordinance amending Chapter 10, "Traffic Code," to remove parking on both sides of
Park Place between Anderson St. and Texas Ave.
Joe Guerra, Transportation Planner presented a summary of complaints received about the parking problems
along Park Place between Anderson Street and Texas Avenue. Staff recommended removal of parking on one
side of Park Place from Anderson Street to Texas Avenue based on the need to ensure emergency vehicle access
along the roadway.
Mayor White opened the public hearing. Cedric Johnson of 1629 Park Place supported the removal of parking.
Pete Laird, owner of Harvey Washbangers also supported removal of parking. Mayor White closed the public
hearing.
Council member Maloney moved to approve Ordinance No. 3185 amending Chapter 10, "Traffic Code," to
remove parking on both sides of Park Place between Anderson St. and Texas Avenue. Council member Massey
seconded the motion, which carried 7 -0.
FOR: Mayor White, Mayor Pro Tern McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 2 -- Public Hearing, presentation, possible action, and discussion regarding an
ordinance repealing the official City of College Station Comprehensive Plan (Adopted by Ordinance No.
2617) and adopting a new Comprehensive Plan and all previous and subsequent plans as applicable, as the
"Official City of College Station Comprehensive Plan."
Bob Cowell, ACIP, Director of Planning and Development Services summarized the lengthy study of the revision
process. On April 15, 2009, The Comprehensive Plan Advisory Committee met with the City Council and the
Planning and Zoning Commission and agreed that the Comprehensive Plan was ready to proceed to public
hearing.
Jennifer Prochaska, Staff Planner made a few comments related to the overall process.
Gary Mitchell of Kendig and Keast expressed to Council the importance of the new Comprehensive Plan.
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City Council Workshop & Regular Minutes
Thursday, May 28, 2009
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Massey moved to approve Ordinance No. 3186 repealing the official City of College Station
Comprehensive Plan (Adopted by ordinance No. 2617) and adopting a new comprehensive plan and all previous
and subsequent plans as applicable, as the "Official City of College Station Comprehensive Plan, ". Council
member Maloney seconded the motion, which carried 7 -0.
FOR: Mayor White, Mayor Pro Tern McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 3 -- Presentation, possible action, and discussion on consideration of an
amendment to the city's contract with American Traffic Solutions (ATS) to extend the contract until May
27, 2014, or up to 20 years as directed by Council
Troy Rother, Traffic Engineer presented an update on legislative matters related to Red Light Cameras. Staff
requested Council approve the extension of the contract until May 27, 2014, or up to 20 years with American
Traffic Solutions (ATS).
Tom Hermann, Chairman of the Red Light Camera committee spoke in favor of the contract extension. .
Council member Crompton moved to approve an amendment to the city's contract with American Traffic
Solutions to extend the contract until May 27, 2014 or up to twenty years. Council member Massey seconded the
motion, which carried 7 -0.
FOR: Mayor White, Mayor Pro Tern McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Aeenda Item No. 4 -- Adiourn.
Hearing no objections, Mayor White a 'ourned the meetings at 8:45 p.m. on Thursday, May 28, 2009.
PASSED A APPROVED this 1 day of June 2009
ATTEST: Y APP OVED:
City Secretary Connie Hooks M or Ben White L" vi. I ca �im,