HomeMy WebLinkAbout05/18/2009 - Regular Minutes City Council(*41
Mayor CITY OF COLLEGE STATION
Ben White
Mayor ProTem
Lynn McIlhaney
City Manager
Glenn Brown
Minutes
City Council Workshop & Regular Meeting
Monday, May 18, 2009 3:00 & 7:00 pm
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 Item 2L — Change Order No. 6 to construction contract for
CSU Meeting and Training Facility. CIP Director Chuck Gilman explained the purpose of change was for
installation of a firewall and receptacles for data power supply.
Council member Malone v inquired about Consent Item 2s — Dissolution of Northgate Tax Increment
Reinvestment Zone #16. City Manager Brown explained that the monies could be allocated for Convention
Center fund.
Council member Maloney inquired about Consent Item 2v — Rejection of bids for sale of City property at 1124
Carolina. Asst. Director of Economic and Community Development Debbie Eller explained the purpose of this
item. She also noted that the City continues to offer low income housing with federal monies.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion of resolution declaring
results of City and School Election May 9, 2009.
Kay Parker, Presiding Judge of Central Counting Station presented a resolution canvassing the results of the May
9, 2009 election
A motion was made by Council member Maloney to approve Resolution No. 5 -19- 2009 -02 as presented and
seconded by Council member Stewart, which carried 7 -0.
FOR: Mayor White, Mayor Pro Tern McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink
AGAINST: None
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City Council Workshop & Regular Minutes
Monday, May 18, 2009
Workshop Agenda Item No. 3 -- Presentation of Service Awards to Mayor Pro Tem Lynn McIlhaney and
Council member Dave Ruesink.
Mayor White presented three year service awards to Mayor Pro Tern McIlhaney and Council member Ruesink.
Workshop Agenda Item No. 4 -- Oath of Office administered to newly. elected Councilmember and
presentation of Certificate of Election.
Municipal Court Judge Ed Spillane administered the oath of office to Dave Ruesink, Place 6.
Mayor White called for a brief recess at 3:12 p.m. for reception.
Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion regarding the El Camino
Real de los Teias Trail Proiect Presentation.
Barbara Althouse of the Brazos County Historical Commission requested $10,000 to assist in the El Camino Real
de los Tejas Trail project.
Council member Crompton made a motion to consider the request of $10,000 pending approval from other local
entities. Council member Stewart seconded the motion which carried, 7 -0.
FOR: Mayor White, Mayor Pro Tern McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink
AGAINST: None
Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion regarding the update to the
City of College Station Comprehensive Plan scheduled for May 28, 2009.
Bob Cowell, ACIP, Director of Planning and Development Services presented an update of the Comprehensive
Plan schedules and the latest changes. A public hearing and consideration of the 2009 Comprehensive Plan is
scheduled for May 28 Council meeting.
No formal action was taken.
Workshop Agenda Item No. 7 -- Presentation, possible action, and discussion regarding funding options
for a potential Advanced Funding Agreement (AFA) with TxDOT for the widening of FM 60 from State
Highway 6 to FM 158.
Chuck Gilman, Director of Capital Projects presented funding options for widening of FM 60 from Highway 6 to
FM 158. He emphasized that the project was identified as a high priority project by the City and on the MPO's
priority project list and staff was seeking Council direction for funding this important regional transportation
project, while still meeting local transportation priorities in the existing capital plan
Council member Crompton made a motion to move forward with Project Option No. 4 utilizing monies within
the existing debt system and to seek additional federal funding. Council member Massey seconded the motion,
which carried 5 -2.
FOR: Mayor White, Crompton, Massey, Stewart, Ruesink
AGAINST: Mayor Pro Tern McIlhaney and Council member Maloney
Workshop Agenda Item No. 8 -- Presentation, possible action, and discussion regarding the Green College
Station Parks and Recreation Department Program, as requested by Council at the August 28, 2008
meeting.
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City Council Workshop & Regular Minutes
Monday, May 18, 2009
David Schmitz, Assistant Director of Parks and Recreation presented an overview of the "Green College Station
Parks and Recreation Department" program. The program focuses on the major categories of waste reduction,
recycling, water conservation, land use, air quality and energy conservation. These categories align directly with
the overall Green College Station Initiative. Staff requested that the Council provide input and policy direction
on the continuation of the "Green College Station Parks and Recreation" program.
No formal action was taken.
Workshop Agenda Item No. 9 -- Council Calendar
Council reviewed activity calendar.
Workshop Agenda Item No. 10 -- 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 submitted for future agendas.
Workshop Agenda Item No. 11 -- 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
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 Massey spoke on the recent IGC meeting. Shannon Overby of CVB reported on status of
wayfinding project, and report by Health Dept. about the abuse of prescription drugs by teenagers, a local issue.
The IGC committee agreed to meet every other month.
Mayor Pro tem Mcllhaney reported on the recent meeting of Brazos County Health Board and the Boards'
discussion of its budget and the Interlocal agreement.
Council member Ruesink mentioned the CVB has acknowledged "Hospitality Week" and his attendance at two
park dedications, University Park and Woodlands Park.
Moor White spoke about the Brazos Valley Area Wide Business Task Force.
At 4:58 p.m. Mayor Pro Tern McIlhaney announced that the City Council would convene into executive session
pursuant to Section 551.071 and 551.072 of the Open Meetings Act to seek the advice of our city attorney.
Workshop Agenda Item No. 12 -- 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
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City Council Workshop & Regular Minutes
Monday, May 18, 2009
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; 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. 906 Ashburn, approximately 7.44 acres
b. Possible purchase of land in the vicinity of Spruce Street and College Main
C. Possible Purchase or Exchange of Property near E. University and Tarrow
Workshop Agenda Item No. 13 -- 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 6:40 pm. No formal action was taken.
Workshop Agenda Item No. 14 — Adiourn.
The workshop meeting concluded at 7:00 p.m.
Minutes of Regular Meeting
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:
City Manager Glenn Brown and Mayor White presented College Station Pools Supervisor Vera Solis and the
PARD Staff with the Gold International Aquatic Safety Award sponsored by Ellis and Associates.
City Council Workshop & Regular Minutes
Monday, May 18, 2009
Mayor White recognized Vera Vowell Solis with Lifetime Achievement Award for Aquatic Excellence.
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Earl Apgar & Susan Irza of the Historic Preservation Committee presented City Council a Vintage Street Sign.
Hear Visitors:
Hanna White, 8606 Rosewood, an A &M Consolidated High School student requested Council consider
sidewalks on north side of Harvey Parkway at the High School to ensure the safety of students and pedestrians.
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 the authorization for the Mayor to execute the renewal of two utility easements located on the
Texas A &M University System property.
b. Approved Resolution No. 05- 18 -09 -2b declaring intention to reimburse certain expenditures, not to exceed
$100,000, with proceeds from debt for the Birmingham Road and Longmire Drive intersection improvements
project.
c. Approved a resolution for an Advanced Funding Agreement (AFA) between the City of College Station and
the State of Texas for the Discovery Drive Extension project.
d. Approved Change Order No. 3 for the College Park - Breezy Heights Rehabilitation Project Design Contract
with Goodwin - Lasiter, Inc. for design services to expand curb and gutter replacement and milling and overlaying
of streets in the amount of $36,000. Funds available in Street Funds.
e. Approved Resolution No. 05- 18 -09 -2e on a construction contract with H &B Construction lowest responsible
bidder meeting specifications, in the amount of $84,612.62 for street lighting installations on Harvey Mitchell
Parkway (F.M. 2818) from Texas Ave to Longmire and from Holleman to Luther and approved Resolution No.
05- 18- 09 -2e -a declaring intention to reimburse certain expenditures with proceeds from debt. Funds available
from Utilities Capital Improvement Project Fund and Electric Department.
f. Approved Ordinance No. 3180 on the adoption of an amendment for the Code of Ordinances Chapter 8
Sections 4 -8, amending The Emergency Management Plan, and Section 12, renumbering the Reserve Police
Force, and the approved Resolution No. 05- 18 -09 -2f adopting the Basic Emergency Management Plan.
g. Approved Resolution No. 05- 18 -09 -2g accepting from the Office of Domestic Preparedness of the U.S.
Department of Homeland Security in Cooperation with the U.S. Fire Administration for funding from the
Assistance to Firefighters Grant Program in the amount of $686,732 and agreeing to provide the local match of
$171,683.
h. Approved Ordinance No. 3181 amending Ch. 15: Impact Fees updating land use assumptions, capital
improvements plan, and the imposition of updated water and wastewater impact fees in Steeplechase - Wellborn
Sewer Impact Fee Service Areas 03 -02.
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City Council Workshop & Regular Minutes
Monday, May 18, 2009
i. Approved Resolution No. 05- 18 -09 -2i approving a Municipal Maintenance Agreement with the State of
Texas for the maintenance, control, supervision and regulation of certain State Highways and/or portions of State
Highways in the City of College Station. Funds available in Streets and Drainage Maintenance Budget.
j. Approved the second renewal of an annual contract for the purchase of water meters from Badger Meter, Inc.
for the estimated cost of $131,880. Funds available in Water Capital Improvement Projects Fund.
k. Approved the rejection of the low bid (because the internal chambers are not large enough to meet
specifications) and approval of the water meter purchase with larger chambers from Badger Meter, Inc in the
amount of $241,361.90. Funds available in Water Capital Improvement Projects Fund.
1. Approved Change Order No. 6 to the construction contract (Contract No. 08 -044) with JaCody, Inc. in the
amount of $29,961.76 for the CSU Meeting & Training Facility. Funds available in Electric Distribution
Capital.
m. Approved Change Order to the professional services contract with Mitchell & Morgan, L.L.P. for the Koppe
Bridge Lift Station Project in an amount not to exceed $62,635.00. Funds available in Wastewater Capital
Improvement Projects Fund.
n. Approved Resolution No. 05- 18 -09 -2n awarding a professional services contract for the design of the
Victoria Avenue Project to Bleyl & Associates in an amount not to exceed $272,000.00, and approved
Resolution No. 05- 18- 09 -2n -a declaring intention to reimburse certain expenditures with proceeds from debt.
o. Approved Change Order to Contract 09 -024 with Malcolm Pimie, Inc. in the amount of $13,902, for the
design of the Well 8 Collection Line. Funds available in Water Capital Improvement Projects Fund.
p. Approved action to ratify a change order for Construction Contract 08 -116 with Acklam Construction for the
construction of the Memorial Cemetery and the Aggie Field of Honor Project GG -9905 in the amount of
$64,164.02. Funds available in the General Government Capital Improvement Projects Fund.
q. Approved the Brazos Valley Wide Area Communications System (BVWACS) Operating Budget for FY 09
and authorizing the City's quarterly payments of $15,719.52 for an annual total of $62,878.08. Funds available
in Information Technology FY 09 budget.
r. Approved Resolution No. 05- 18 -09 -2r for the Click It or Ticket Selective Traffic Enforcement Program
grant contract for the fiscal year 2009.
s. Approved Ordinance No. 3182 repealing and terminating the Northgate Tax Increment Reinvestment Zone
(TIRZ #16). Remaining funds returned to Convention Center Fund.
t. Approved the authorization of payment toward Retention and Expansion and Payroll Grants in a total amount
of $45,000 to Reynolds and Reynolds, Inc. Funds available in City's Economic Development Fund.
u. Approved the termination amendment to an existing Advanced Funding Agreement (AFA) with the Texas
Department of Transportation for the State Highway 30 Widening Project , and approved Resolution No. 05-18 -
09-2u of the City Council of College Station, Texas, approving a new Advance Funding Agreement with the
Texas Department of Transportation (TxDOT) and the City of Bryan, to design and construct additional lanes on
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City Council Workshop & Regular Minutes
Monday, May 18, 2009
State Highway 30 from 4.20 miles west of F.M. 244 to 4.63 miles west of F.M. 244 and adjacent to the
BVSWMA Twin Oaks Landfill site for the purpose of providing safe ingress and egress from said facility in an
amount not to exceed $656,750. Funds available in the BVSWMA Capital Improvements Fund.
v. Approved the rejection of the bid received in response to RFP #09 -36 for the sale of City property at 1124
Carolina.
w. Approved Resolution No. 05- 18 -09 -2w authorizing the City Council to order a municipal runoff election to
be held on June 13, 2009 for the purpose of electing a councilmember to City Council Place 4, and providing for
the Mayor to sign the notice of election designating the hours and polling place locations.
Council member Maloney made a moved to approve Consent items 2a thru 2w. Council member Massey
seconded the motion, which carried 7 -0.
FOR: Mayor White, Mayor Pro Tern McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink
AGAINST: None
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion on an ordinance
amending the Comprehensive Land Use Plan from Single- Family Residential, Medium Density and
Floodplain to Planned Development for 14.27 acres located at 2429 Earl Rudder Freeway South north of
the intersection of State Highway 6 Frontage Road and Raintree Drive.
Item was pulled by staff for future agenda.
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion regarding an
amendment of 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 3.38 acres from A -O, Agricultural -Open,
to R -1, Single - Family Residential at 5400 St. Andrews Drive and more generally located in the Pebble
Creek Subdivision.
Matthew Robinson, Staff Planner presented the staff report for a rezoning request at 5400 St. Andrews Drive.
Staff recommended approval to change a portion of the property to R -1, Single - Family Residential but
recommended denial of the request to change the portion that is designated as being within the floodplain limits.
Mayor White opened the public hearing. Jeff Robertson from McClure Brown Engineering representing the
applicant was present for questions. Mayor White closed the public hearing.
Hugh Stearns, P &Z Commissioner, explained that the restrictions placed on this floodplain area would make a
difference and develop in a consistent way.
Council member Massey moved to approve Ordinance No. 3183 to rezone property located 5400 St. Andrews
Drive. Mayor Pro Tern McIlhaney seconded the motion, which carried 6 -1.
FOR: Mayor White, Mayor Pro Tern McIlhaney, Massey, Maloney, Stewart, Ruesink
AGAINST: Council member Crompton
Regular Agenda Item No. 3 -- Public hearing, presentation, possible action, and discussion regarding an
amendment to Chapter 12, the Unified Development Ordinance, Section 7.4.E "Exempt Signs," Section
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City Council Workshop & Regular Minutes
Monday, May 18, 2009
7.4.X "Sims for Permitted Non - residential Uses in Residential or Agricultural Districts" and Section 11.2
"Defined Terms ", of the Code of Ordinances.
Lauren Hovde, Staff Planner presented the staff report for sign ordinance amendment on numerous un- permitted
signs being posted to advertise real estate events such as open houses, the Parade of Homes tour, and recreational
home tours within the City. This item is an amendment to several sections of the Unified Development Ordinance
to provide a legal process for these types of requests. Staff proposed language to allow attached signage for
government facilities in certain locations.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Stewart moved to approve Ordinance No. 3184 to amend Chapter 12, "Unified Development
Ordinance, in the Sign Ordinance Section 7.4.E, Section 7.4.X and Section 11.2. Council member McIlhaney
seconded the motion, which carried 7 -0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink
AGAINST: None
Regular Agenda Item No. 4 -- Presentation, possible action, and discussion for a resolution to recommend
Dave Coleman, Water Services Department Director, to fill a vacant Municipal representative position as
a voting member on the Region G Water Planning Group.
Council member Maloney moved to approve Resolution No. 05- 18 -09 -04 nominating David Coleman, Director
of Water Services for the vacancy on the Region G Water Planning Group. Council member Massey seconded
the motion, which carried 7 -0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink
AGAINST: None
Regular Agenda Item No. 5 -- Presentation, possible action, and discussion authorizing payment from the
Brazos Valley Solid Waste Management Agency (BVSWMA) Fund for payment to the City of Bryan for
FY08/FY09 Compost Facility losses in the amount of $356,871.
Item was pulled by staff for future agenda.
Regular Agenda Item No. 6 -- Adjourn.
Hearing no objections, Mayor White adjourned the meetings at 7:33 p.m. on Monday, May 18, 2009.
PASSED AND APPROVED this 11 day of June 2009.
TT ST:
City Secretary Connie Hooks
APPROVED
TLyor lien'White ,i
Mayor
Ben White
Mayor ProTem
Lynn McIlhaney
City Manager
Glenn Brown
Council Members
John Crompton
James Massey
Dennis Maloney
Lawrence Stewart
David Ruesink
College Station City Council
Regular Meeting
Sign In Sheet
Monday, May 18, 2009 at 7:00 p.m.
City Hall Council Chamber
1101 Texas Avenue
Cn»PRP Station, Texas
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