HomeMy WebLinkAbout04/23/2009 - Regular Minutes City Council (kir 41,11111111111
Mayor CITY OF COLLEGE STATION Councilmembers
Ben White John Crompton
Mayor ProTem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Minutes
City Council Workshop & Regular Meeting
Thursday, April 23 2009 3:00 & 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor Pro Tem McIlhaney, Council members Crompton, Maloney, Massey, Ruesink,
Stewart
MAYOR ABSENT: Mayor Ben White
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
L yor Pro Tem McIlhaney 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 Maloney commented on the volume of paper produced for Council copies of agenda packet
and suggested reducing the packet by eliminating the supporting materials such as large contract, planning
documents, and such. Staff indicated that this step is taken when reviewing the agenda. Such documents are
maintained by the City Secretary for Council and public viewing.
Council member Ruesink inquired about Consent Item 2i — Pete Caler, Assistant Director of Public Works and
BVSWMA explained that Council approved the land acquisition with Mr. Peters, but the contract required dual
Council approval. The City of Bryan did not approve. This item is a contingency plan to the original by using
credits to meet federal agency mitigation requirements for wetlands.
Mayor Pro Tem McIlhaney inquired about Consent Item 2b — the resolution on high speed passenger railway
service. Brazos County Commissioner Kenny Mallard commented on the formation of the Corporation to align
with the federal designated railways. This action would provide local entities to apply for stimulus monies.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion regarding Tree Preservation
in College Station.
Bob Cowell, ACIP, Director of Planning and Development Services presented two (2) proposed tree preservation
rdinance outlines, and provided comments made by the stakeholders at the public meeting held on March 4
i and April 20 2009.
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City Council Workshop & Regular Minutes
hursday, April 23, 2009
D raft Outline #1
-Tree Survey required
- Required 30% Minimum Preservation
-Tree Replacement required for all protected trees removed beyond 30% preservation level
- Flexibility in design
Draft Outline #2
- Tree survey only for trees identified for preservation
- Riparian Buffer required to be preserved
-No minimum preservation level
- Minimum Density of trees required — post development
- Flexibility in design
Council directed staff to bring back another option that identifies the general direction, public comments and
more flexibility in the design.
Workshop Agenda Item No. 3 -- Presentation, possible action, and discussion regarding the Parks and
Recreation Athletic Renovation and Improvements Fund Fee Analysis, as requested by Council at the
November 24, 2008 meeting.
Tony Cisneros, Parks and Recreation Director presented an overview of the Athletic Renovation and
Improvements Fund and the design that is to help keep all athletic fields in top playing conditions with the proper
ntenance and replacement of materials that support the field activities but are not of sufficient cost or life span
warrant funding through a bond issue as a capital expense. Staff requested Council to provide input and policy
direction on the analysis provided by staff for the Athletic Renovation and Improvements Fund Fee related to
College Station Parks and Recreation Department outdoor athletic facilities, known as the Field Redevelopment
Fee. Council directed staff to move forward with proposed recommendations.
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding the renewal of the
Drought Contingency and Water Conservation Plans.
Jennifer Nations, Water Service Program Coordinator presented an overview of the Drought Contingency Plan
and the Water Conservation Plan renewals that are separate items on the consent portion of this Council meeting
agenda.
Council member Maloney requested staff to add an exemption on the use of pressure washer.
No formal action was taken.
At 5:30 p.m. Mayor Pro Tem Mcllhaney 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.
Workshop Agenda Item No. 5 -- Executive Session will immediately follow the workshop meeting in the
Administrative Conference Room.
nsultation with Attorney {Gov't Code Section 551.0711; possible action. The City Council may seek advice
"Film 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
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City Council Workshop & Regular Minutes
hursday, April 23, 2009
s ettlement 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
it Estate {Gov't Code Section 551.072 }; possible action The City Council may deliberate the purchase,
change, 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.
Workshop Agenda Item No. 6 -- Council Calendar
Council reviewed activity calendar.
Workshop Agenda Item No. 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.
Council member Stewart requested a future agenda item to discuss the existing city limits out to highway 30,
proposed east of the city limits south of Harvey Road. (The Greens Prairie Road transportation study.)
Council member Stewart requested a future agenda item to discuss Green efforts and landfill items.
Workshop Agenda Item No. 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, Design
Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental
mmittee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning
rganization, 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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City Council Workshop & Regular Minutes
Thursday, April 23, 2009
P artnership, 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 Massey spoke on the IGC meeting from April 20` meeting.
Mayor Pro Tem Mcllhaney spoke on the Transportation Committee meeting and the presentation given by Terry
Childers on the TTI study to address mass transit.
Workshop Agenda Item No. 9 -- 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.
Council member Crompton left meeting at 6:52 p.m.
Workshop Agenda Item No. 10 — Adjourn.
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.
yor Pro Tem Mcllhaney called the meeting to order at 7:04 pm. Mayor Pro Tem McIlhaney led the audience
1 the Pledge of Allegiance. Fire Chief R.B. Alley provided the invocation.
Council member Ruesink made a motion to approve the request for absence from Mayor White. Council member
Maloney seconded the motion, which carried 5 -0.
Presentation:
City Manager Glenn Brown and Mayor Pro Tem Mcllhaney presented an award from the American Public Power
Association to the City of College Station Electric Department for earning the Reliable Public Provider (RP3)
Hear Visitors:
No one spoke.
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 majority vote of the Council.
a. Approved minutes for City Council Workshop and Regular Meeting April 9, 2009.
b. Approved Resolution No. 04- 23 -09 -2b supporting the adoption of Senate Bill 1570 and authorizing and
approving the formation of a local government corporation, to facilitate the forming of a high speed passenger
railway service.
Approved change order for Construction Contract 07 -185 with Knife River for the construction of the
Arrington Road - Decatur Drive Roadway Extension, Project No. ST -0606, in the amount of $42,646.78.
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City Council Workshop & Regular Minutes
Thursday, April 23, 2009
d. Presentation, possible action, and discussion regarding Change Order No. 2 to the construction contract with
Brazos Valley Services (Contract No. 09 -038) in the amount of $52,747.14 for the William D. Fitch
Widening Phase II project.
e. Approved a user agreement between Texas A &M University and the City of College Station authorizing
Texas A &M University to provide the University Services Building parking lot area and ingress /egress roads
for a term of five (5) years to the Brazos Valley Solid Waste Management Agency for the spring Household
Hazardous Waste & Computer Collection event.
f. Approved a Settlement Agreement and Release between the City and David and Jennifer Weber
compensating the Webers for the condemnation of easements necessary for the completion of the Parallel
Water Transmission Phase III.
g. Approved Ordinance No. 3177 amending Chapter 11, "Utilities ", of the Code of Ordinances of the City of
College Station, Texas, by amending Section 9: Drought Contingency and Water Emergency Plan in its
entirety.
h. Approved Resolution No. 04- 23 -09 -2h for the adoption of an updated Water Conservation Plan, including
goals required by TCEQ.
i. Approved Resolution No. 04- 23 -09 -2i to purchase 11.5 Wetland Mitigation Credits from Mitigation
c Solutions USA LLC in the amount of $201,250.00.
j. Approved Change order No. 2 to purchase order No. 09 -0308 to Martin Apparatus and Equipment, in the
amount of $29,684 for the purchase of two (2) 2009 Pierce Velocity Pumpers and one (1) 2009 Pierce /
Peterbilt 340 -3000 Gal Pumper / Tanker.
k. Approved Resolution No. 04- 23 -09 -2k declaring intention to reimburse certain expenditures with proceeds
from debt for Neighborhood Park Improvement projects.
1. Approved Resolution No. 04- 23 -09 -2L declaring intention to reimburse certain expenditures with proceeds
from debt for the Water Reclamation project.
m. Approved an amendment to the Affiliate funding agreement between the City of College Station and the
Arts Council of Brazos Valley to change the date and location of a performance by the Brazos Valley
Symphony Orchestra specified in Section 3.5 of the agreement.
n. Approved an award of Bid #09 -42 for purchasing of roadway traffic signs, post and pavement markings
material. The total cost of this Bid #09 -42 is $145,505.62.
o. Approved an Interlocal Agreement (ILA) in the amount of $31,248 between the Cities of College Station
and Bryan for design costs for a traffic signal at the intersection of University Drive and Copperfield.
t Approved Resolution No. 04- 23 -09 -2p approving a contract with Mitchell and Morgan LLP in the amount of
$59,500.00 for design services for the Holleman Drive Extension project. (Project #ST 0913)
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City Council Workshop & Regular Minutes
q .hursday, April 23, 2009
q. Approved Ordinance No. 3178 amending Chapter 10, "Traffic Code," to change the posted speed limit on
sections of SH 40 (William D. Fitch Parkway) from 70 mph to 60 mph.
Council member Massey made a motion to approve consent items 2a thru 2q with the corrections on item 2g.
Council member Stewart seconded the motion, which carried 5 -0.
FOR: Mayor Pro Tem Mcllhaney, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSENT: Mayor White, Council member Crompton
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion of design
options for the Tauber & Stasney Street Rehabilitation Project.
Chuck Gilman, Director of Capital Projects presented the design option for the Tauber & Stasney Street
Rehabilitation Project. Staff recommended that the Tauber & Stasney Street Rehabilitation Project proceed
according to Option 3.
Mayor Pro Tem Mcllhaney opened the public hearing.
In favor of Option 2: In favor of Option 3:
Dr. Anwer Ahmed, 2907 Aztec Ct., CS Will McCollum, 4317 Marywood, Bryan
SaQib Mukhtar, 9002 Timber Knoll, CS
deem Chowdhary, 3202 Catarin, CS In favor of creating new Option:
ector Rivera, 413 Stasney, CS Kip Gilts, 9210 Riverstone Ct., CS
Charlie Bush, P.O. Box 1088, Manhattan, KS Carol Patton, 1304 Angelina Circle, CS
Charles Szabuniewiez, 381 Fifth, Bryan
Glenn Schroeder, 1304 Autumn Wood Dr., CS
Robert Forest 109 College Main, CS
Chandler Salome, TAMU Harrell Hall
Hoda el Salty, 301 Ball Street, CS
Rebecca Adkins, 900 Camellia Court, CS
Mayor Pro Tem Mcllhaney closed the public hearing.
Fire Chief R.B. Alley spoke about the width of street for the safety of fire fighters while responding to potential
fire if fire truck must park on this street.
Council directed staff to research another Option between Option 2 & 3 and bring back to Council by working
with the faith based organizations in Northgate.
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion regarding an
amendment to the Unified Development Ordinance Section 7.4.E "Exempt Signs," Section 7.4.X "Signs for
Permitted Non - residential Uses in Residential or Agricultural Districts" and Section 11.2 "Defined
Terms."
k ow n was pulled by staff.
Council member Crompton returned at 7:45 pm.
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City Council Workshop & Regular Minutes
Thursday, April 23, 2009
Regular Agenda Item No. 3 -- 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 2.47 acres from A -O, Agricultural -Open,
to C -1, General Commercial at 4074 State Highway 6 and more generally located south of Bridle Gate
Drive.
Laura Hovde, Staff Planner presented staff report on the rezoning of 2.47 acres from A -O, Agricultural -Open, to
C -1, General Commercial at 4074 State Highway 6 and more generally located south of Bridle Gate Drive. Staff
and the P &Z Commission recommended approval.
Jeff Robertson with McClure and Brown Engineering represented the owner and expressed an agreement with the
location of privacy fence along south of property line.
Mayor Pro Tem Mcllhaney opened the public hearing. Dahlis Waller, 2707 Pinehurst Circle, CS, owner of
adjacent property, addressed her concerns of buffer requirements and the need for such drainage and future
ramifications for rezoning this property. Mayor Pro Tem Mcllhaney closed the public hearing.
Council member Maloney moved to approve Ordinance No. 3179 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 2.47 acres from A -O Agricultural Open to C -1 General Commercial at 4074 SH 6 and more generally
located south of Bridle Gate Drive. Council member Massey seconded the motion, which carried 6 -0.
VA R: Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
INST: None
ABSENT: Mayor White
Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion on
consideration of the updated land use assumptions and capital improvements plan, and the imposition of
updated water and wastewater impact fees in Steeplechase- Wellborn Sewer Impact Fee Service Areas 03-
02.
Alan Gibbs, City Engineer presented an update of land use assumptions and capital improvements plan, and the
imposition of updated water and wastewater impact fees in Steeplechase - Wellborn Sewer Impact Fee Service
Areas 03 -02. Staff recommended approval.
Mayor Pro Tem Mcllhaney opened the public hearing. No one spoke. She closed the public hearing. No formal
action was taken.
Regular Agenda Item No. 5 -- Adjourn.
Hearing no objections, Mayor Pro Tem Mcllhaney adjourned the meetings at 9:06 p.m. on Thursday, April 23,
2009.
PASSED AND APPROVED this 18 day of May, 2009
T ST: /AON_LED
be 77/tal "
City Secretary Connie Hooks Mayor Ben White
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CITY OF COLLEC E STATION
Mayor
Ben White
Mayor ProTem
Lynn Mcllhaney
City Manager
Glenn Brown
Council Members
John Crompton
James Massey
Dennis Maloney
Lawrence Stewart
David Ruesink
College Station City Council
Workshop Meeting
Sign In Sheet
Thursday, April 23, 2009 at 3:00 p.m.
City Hall Council Chamber
1101 Texas Avenue
College Station, Texas
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Mayor ProTem
Lynn Mcllhaney
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
Thursday, April 23, 2009 at 7:00 p.m.
City Hall Council Chamber
1101 Texas Avenue
College Station, Texas
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Mayor Council Members
Ben White John Crompton
Mayor ProTem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
College Station City Council
Regular Meeting
Sign In Sheet
Thursday, April 23, 2009 at 7:00 p.m.
City Hall Council Chamber
1101 Texas Avenue
College Station, Texas
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CITY OF COLLEGE STATION
Mayor
Ben White
Mayor ProTem
Lynn Mcllhaney
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
Thursday, April 23, 2009 at 7:00 p.m.
City Hall Council Chamber
1101 Texas Avenue
College Station, Tei a
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