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HomeMy WebLinkAbout11/05/2008 - 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 Minutes Wednesday, November 5, 2008 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 ProTem McIlhaney, Council members Maloney Crompton, Massey, Ruesink and Stewart STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager David 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. I -- Presentation, possible action, and discussion on items listed on the consent agenda. Consent Agenda Items No. 2i, 2 j, 2k, and 21 were removed from the agenda by staff. These items related to the Rock Prairie Road Landfill and Twin Oaks Construction Project. Council member Crompton inquired about Consent Item No. 2n, funding to the Brazos County Health Department. Mayor ProTem McIlhaney inquired about Consent Item No. 2h, Landfill compactor. Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion of a brief from TAMU Vice President of Student Affairs General Joe Weber on his plans and philosophv for the Division of Student Affairs which crosses a wide range of many services. Hayden Migl, Assistant to City Manager introduced General Joe Weber, TAMU Vice President of Student Affairs . General Weber presented his plans and philosophy for the Division of Student Affairs, which offers a wide range of functions such as student government, counseling, student activities, health services, Recreational Sports, and the operations of the Memorial Student Center. No action was taken. Workshop Agenda Item No. 3 -- Presentation, possible action and discussion on a briefing from Midway Companies regarding the proposed Campus Pointe development. David Gwin, Director of Economic and Community Development introduced Brandon Houston with Midway Companies. Traditional Values, Progressive Thinking In the Research Valley Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 2 Randy Houston, representative of Midway Companies presented the proposed Campus Pointe Development. He also stated for several years, TAMU has been exploring the possibility of developing University -owned property located northeast of the intersection of University Drive and South College Avenue. The general area encompasses approximately 100 acres and is currently home to Hensel Park and partially developed as University -owned and managed student housing. Mr. Houston stated that TAMU is considering entering into a long -term ground -lease with Midway Companies, for a dense mixed use development that could include a number of new uses such as: a hotel, retail shops, and offices. The goals of the joint venture are listed below: Goals: - Transportation efficiency - Controlled site disturbance -Storm water management - Reduce heat islands / Indigenous landscape -Water use reduction - Energy Optimization -Use of regional / local materials -Optimization of daylight and views - Indoor air quality City of College Station participation opportunities: Council members expressed comments to the developer about the city's recent initiative to have a city owned convention center. Mr. Houston noted that this developer will seek City of College Station's participation in Site Development and Construction investments, Roadway and Infrastructure investments, and Operating Cost Assistance at Campus Pointe No formal action taken. Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding changes to the City's smoking ordinance. Hayden Migl, Assistant to City Manager introduced Kristine Weaver, Regional Director of Government Relations with the American Cancer Society. Ms. Weaver recognized Dr. Philip Huang, Medical Director and Health Authority for Austin/Travis County Health Department. He presented a variety of health statistics related to smoking and public safety. Council indicated new interest in amending the current smoking ordinance providing non - smoking on all public places, with few exceptions. Council directed staff to engage stakeholders in a public hearing and requested the City Attorney draft language for the expanded ordinance. Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion regarding tree preservation in College Station and clarification on the policy options presented by staff. Lindsay Boyer, Senior Planner described tree preservation ordinances from other communities. She highlighted comments made by stakeholders and the Planning and Zoning Commission, and staff commentary on items that could be included in a tree preservation ordinance for College Station. Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 3 Bob Cowell, ACIP, Director of Planning and Development Services made additional comments on ideas, suggestions, and issues for discussion with Council: Protection Options: Specimen trees Tree stands -Number of trees -All trees of a specific size -Canopy/shade covers -Designated heritage/historic trees -Other items to be considered -Species to include /exclude -Underbrush Incentives: -Density / Clustering bonuses -Dimensional standard variations -Buffer bonus -Landscaping -Parking spaces -Subdivision design These comments related to the following categories: Mitigation: -Planting replacement trees (size, species) -Maximum lot coverage Transplanting existing trees Fees (tree fund) -Allow for alternate proposals -Waivers to standards Application Options: -Commercial / multi - family Existing single - family -New single - family Preservation zones -Redevelopment -Citywide Council supported the continuance of developing the tree preservation ordinance that will accommodate the entire community, and in addition, establishing tree preservation zones. No formal action was taken. At 5:25 pm Mayor White announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.086, and 551.087 of the Open Meetings Act to seek the advice of our city attorney, to consider competitive matters, 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. c. Water CCN permit requests. d. Water service application with regard to Wellborn Special Utility District. e. Bed & Banks Water Rights Discharge Permits for College Station and Bryan f. Attorney - client privileged information and possible contemplated litigation of prior expenditures of College Station funds made by Paul Urso to Texcon. g. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites. Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 4 h. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos Valley Groundwater Conservation District. i. JK Development v. College Station. j. Taylor Kingsley v. College Station. k. State Farm Lloyds as Subrogee of Mikal Klumpp v. College Station. 1. TMPA v. PUC (College Station filed Intervention). m. 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. Update on legal proceedings for Grimes County Landfill site and contracts for development of Grimes County site. Competitive Matter {Gov't Code Section 551.0861; possible action The City Council may deliberate, vote, or take final action on a competitive matter in closed session. The City Council must make a good faith determination, by majority vote of the City Council, that the matter is a Competitive Matter. A "Competitive Matter" is a utility - related matter that the City Council determines is related to the City of College Station's Electric Utility Competitive Activity, including commercial information, which if disclosed would give advantage to competitors or prospective competitors. The following is a general representation of the subject(s) to be considered as a competitive matter. a. Power Supply Economic Incentive Negotiations {Gov't Code Section 551.087 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 generally located southeast of the Intersection of Earl Rudder Freeway and Southwest Parkway 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. Workshop Agenda Item No. 12 -- Adjourn. The workshop meeting concluded following the regular meeting. See regular meeting minutes for discussion of remaining workshop items. Minutes of Regular Meeting Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Hear visitors. Mayor White called the meeting to order at 7:00 p.m. Mayor White led the audience in the Pledge of Allegiance. Fire Chief R.B. Alley provided the invocation. Presentations: Mark Conley, Mayor of the City of Bryan presented the Brazos Boot Award to Mayor White. City Manager Glenn Brown presented the TML award for "Coffee with the Mayor" in recognition of City of College Station, Mayor White, Mark Beal, Chad, Mike Neu, Chad Cockrum and Peggy Calliham. Mayor White presented the Texas Amateur Athletic Federation Awards and Recognition to t he Parks and Recreation Department. Mayor White also presented the Texas Amateur Athletic Federation Service Awards to David Gerling, Rec. Superintendent, in honor of 15 years of service. Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 5 Hear Visitors: Buck Prewitt 2302 Scotney Ct. - stated concern for lack of input by citizens prior to the adoption of the Traffic Impact Analysis. Nathan Fort Holleman Dr., TAMU student - requested Council consider a recycling program for Northgate District. 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 mAority vote of the Council. a. Approved minutes for the City Council Meetings of Thursday, October 23, 2008; Budget Workshop Meetings, August 20, 2008, August 21, 2008, September 8, 2008; and, Special Meeting September 17, 2008. b. Approved the 2008 Property Tax Roll in the amount of $22,074,830.98. This is the tax roll that will be generated by the tax rate of $0.4394 per $100 assessed valuation adopted by the City Council at its September 27, 2008 meeting. c. Approved the renewal of an annual price agreement for Emergency Medical Supplies with Boundtree Medical (previously Tri -anim Health Services) for $34,578.09 and Boundtree Medical for $21,847.01 not to exceed $56,425.10. Boundtree Medical merged with Tri -anim Health Services June 5, 2008. d. Approved Resolution No. 11- 5 -08 -2d on the renewal of an annual price agreement with Nafeco Inc., in an amount not to exceed $56,448.00 for fire protective clothing. e. Approved the renewal agreement with Mustang Rental Services of Texas, Ltd. for the rental of heavy machinery, Bid No. 07 -112, for an annual expenditure of $95,000.00. f. Approved Resolution No. 11- 5 -08 -2f declaring intention to reimburse certain Twin Oaks Landfill expenditures with proceeds from debt. g. Approved Resolution No. 11- 5 -08 -2g adopting the awarded contract #08 -286 for the Eagle Avenue Extension Project to Brazos Paving in the amount of $790,554.15. h. Approved the purchase of an Articulated Landfill Compactor from Mustang Tractor & Equipment to be used by the Brazos Valley Solid Waste Management Agency in the amount of $1,050,000.00. i. Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09- 028 with CSC Engineering & Environmental Consultants, Inc. in the amount of $58,000.00 for the Rock Prairie Road Landfill. (ITEM REMOVED BY STAFF, SCHEDULED FOR FUTURE COUNCIL MEETING) j. Presentation, possible action, and discussion on a resolution approving consultant contract #09 -029 with CSC Engineering & Environmental Consultants, Inc. in the amount of $252,000.00 for the Twin Oaks Phase I Construction Project. (ITEM REMOVED BY STAFF, SCHEDULED FOR FUTURE COUNCIL MEETING) k. Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09- 030 with CSC Engineering & Environmental Consultants, Inc. in the amount of $60,000.00 for the Twin Oaks Phase I Construction Project. (ITEM REMOVED BY STAFF, SCHEDULED FOR FUTURE COUNCIL MEETING) Council Workshop & Regular Minutes, Wednesday, ].November 5, 2008 Page 6 1. Presentation, possible action, and discussion on a resolution approving professional services contract #09- 031, with HDR Engineering, Inc in an amount not to exceed $828,840.00 for Twin Oaks Landfill additional design/permitting, bidding and construction phase services. (ITEM REMOVED BY STAFF, SCHEDULED FOR FUTURE COUNCIL MEETING) m. Approved funding agreement between the City of College Station and Keep Brazos Beautiful for FY09 in the amount of $60,240. n. Approved funding addendum that will authorize expenditures for the Brazos County Health Department in the amount of $340,885. Council member Massey made a motion to approve consent agenda items 2a thru 2h and 2m and 2n. Council member Maloney seconded the motion, which carried 7 -0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink. AGAINST: None Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning seven easements located at 1815 Brothers Boulevard. (WalMart). Alan Gibbs, City Engineer, presented Council seven ordinances vacating and abandoning easements located at 1815 Brothers Blvd for the expansion of Wal -Mart. Lisa Elledge, a Wal -Mart representative introduced Joe Groso, Civil Engineer. Mr. Groso presented the expansion plan of the Super Wal -Mart. Greg Oltman and Raymond Harris, Architects for the project presented the design of the Super Wal -mart. Mr. Gibbs gave an explanation that all easements may not be vacated simultaneously due to the project differences. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. Council member Maloney made a motion to approve Ordinance No.'s 3123, 3124, 3125, 3126, 3127, 3128, and 3129 for the seven abandoned easements located on 1815 Brothers Blvd. Mayor Pro Tern McIlhaney 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 to amend Chapter 9 of the City of College Station Code of Ordinances, Subdivision Regulations, and amend Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance (UDO) to remove master plans and amend standards relating to the Extraterritorial jurisdiction, including minimum lot size, minimum lot width, and urban street design. Bob Cowell, ACIP, Director of Planning and Development presented an overview of the past several years College Station has experienced an increased rate of development in the ETJ. In an effort to address concerns identified by the Planning and Zoning Commission and the City Council, Council directed staff to retain a planning consultant to identify the reasons for this development and to identify options to better manage the development. This report, with its recommendations, was presented to the Parks and Recreation Board, the Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 7 Planning and Zoning Commission, and the City Council in the summer of 2007. Council directed staff to engage with stakeholders and to bring forward ordinance revisions as needed. A number of stakeholder meetings were held as well as additional meetings with the Planning and Zoning Commission and the Council. During these various meetings it was concluded consensus could be not likely reached on many of the issues identified in the report or on the specific standards identified in the report. Staff, therefore, offers the following as a partial (and less stringent) recommendation for implementing the recommendations contained within the report: 1. Removal of master plans as a requirement or option. 2. Establishment of a minimum lot size in the ETJ of 2 acre. 3. Establishment of a minimum lot width of 400' along thoroughfares and 100' along subdivision roads in the ETJ. 4. Removal of the urban street design as a requirement or option in the ETJ. The remaining items contained in the report will be addressed through the development of the city Comprehensive Plan update and the subsequent ordinance revisions. These recommended changes to the UDO and Subdivision Regulations are designed to be supported by complimentary CCN and sewer extension policies and annexation policies that will be discussed at upcoming Council meetings. David Coleman, Director of Water Services briefly explained the Aerobic system's spray, the lack of system maintenance, and resulting problems. Don Plitt, Environmental Specialist with the Brazos County Health Department presented a report including inspections of on -site sewage facilities in the ETJ. 30 % -50% of the facilities are non compliant. In response to City Council's questions, Mr. Plitt recommended at least a 1.5 acre lot size for residential development. Mayor White opened the public hearing. Citizens opposed to the 2 acre lot size: Randy French, 4301 Capstone Dorthea Robinson, Michthea Lane Jane Cohen, 3655 McCullough Road Matthew Moore, 4404 Spring Branch Ct. County Judge Randy Sims, 206 Hearths Tone Cir. Sherman Click, 4376 Bentwood Jim Maness, 1733 Arrington Rd Diane Goodman, 2181 Peach Creek Glenn Thomas, 1110 12` Man Lloyd Wassermann, 12318 N. Dowling ML Schohon, 4440 College Station Connie Hearne, 1008 Haywood Phillip Ross, 1414 Peach Creek Cut off Chuck Ellison 2902 Camille Dr. Citizens opposed to the 2 acre lot size: Keith Ellis, 101 Grove Heath Shannon, 300 Greeson Buck Prewitt, 2302 Scotney Ct. Ken Davis, 11455 Deer Creek Citizens for the 2 acre lot size: Roger Bligh, 13613 Headwater James Sachtleben, 13922 Suzanne Debbie Wentling, 3622 Capstone Dr. Dave Wentling, 3622 Capstone Dr. Gary Kovar, 13822 Apricot Glen Oliver Longnecker, 13411 Headwater Ln. Phil Gougler, 13515 Headwater Ln. Nancy Todd, 13891 Apricot Glen Jeannie Longnecker, 13411 Headwater Ln. Steven Davee, 13786 Suzanne Pl. Jody Gougler, 13515 Headwater Ln. Tami Laza, 13858 Apricot Glen Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Bruce Lesikar, 5707 Shellbournes Hill Billy Chenault, 3413 Settlement Dr. Deborah Voorhees, 4070 Sweetwater Dr. George Richardson, 4070 Sweetwater Dr. Randall Pitcock, 2414 Stone Castle Mayor White closed the public hearing at 9:18 p.m. Mayor White called for a 10 min recess. Mayor White reopened the public hearing at 9:30 p.m. Roger Bligh 13613 Headwater, testified in support of 2 acre lot size Mayor White closed the public hearing. Page 8 Mayor White suggested voting protocol as a separate vote for each staff recommendation. Council concurred. Council member Crompton moved to approve Ordinance No. 3130 o n the removal of master plans as a requirement and removal of the urban street as a requirement in the ETJ. Council member Massey seconded the motion, which carried 7 -0. Council member Crompton moved to approve a two (2) acre lot size and a minimum lot width of four- hundred feet (400'). Motion died for lack of second. Mayor Pro Tern Mcllhaney moved to approve Ordinance No. 3131 on establishing the minimum lot size in the ETJ of one acre and establishing a minimum lot width of one - hundred feet (100'). Council directed staff to forward the issue to Commissioners Court and require that the Commissioners Court form a working group with representatives from the two cities, County, and developers to investigate this issue further. Council member Stewart seconded motion, which carried 6 -1. FOR: Mayor White, Mayor Pro Tern McIlhaney, Massey, Maloney, Stewart and Ruesink. AGAINST: Council member Crompton Regular Agenda Item No. 3 -- Public hearing, presentation, possible action, and discussion an ordinance amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 5 -E: Special Provisions for Areas of Special Flood Hazard, Section 5 -G: Special Provisions for Floodways, and Section 5 -H: Special Provisions for Areas of Shallow Flooding. (Zero -Rise Requirement). Alan Gibbs, City Engineer presented an overview of the consideration of the Zero -Rise regulation to the Flood plain regulations. Specifically, the Special Flood Hazard Area (SFHA), which is commonly Zones AE and A as depicted on the Flood Insurance Rate maps (FIRMs). Development would still be allowed in the floodplain as long as it does not result in a net rise in the 100 year flood elevation. Council expressed concern with the affects of Zero -Rise on ETJ. Alan Gibbs stated Zero -Rise will not affect the ETJ. Mayor White opened the public hearing. Chuck Ellison 2902 Camille Dr. — voiced concern involving City property and asked Council if property or residents are in imminent danger. Rebecca Riggs with Mitchell and Morgan — not opposed to the zero -rise but would like to see the Council delay action for further review. Fred Paine 1012 San Benito with Kling Engineering — hope for Council's consideration on the zero -rise. Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 9 Joe Schultz 3208 Innsbrook, representing Wallace Phillips — requested Council to finalize the terms on zero -rise for developers with their ongoing developments. Veronica Morgan with Mitchell and Morgan — offered various methods to accomplish the zero -rise. Dale Browne 1613 Peach Crossing with McClure and Brown Engineering — agreed with Veronica Morgan but would like Council to look at a grandfather clause. Sherry Ellison 2705 Brookway Dr. — not opposed to the zero -rise but concerned with a grandfather clause. Matt Moore 4401 Spring Branch Ct. — current landholder expressed concern with the affects of zero -rise. Mayor White closed the public hearing. Council member Maloney moved passage of the no adverse impact ordinance for 90 days and to revisit six to nine months to determine effectiveness. Council member Massey seconded the motion. Council member Maloney withdrew this motion. Council member Maloney moved to direct staff to work with City Attorney to prepare an ordinance reflecting a grandfather clause and no adverse impact options. Council member Massey seconded the motion. Council member Crompton moved approval of the ordinance as presented. Motion died for lack of second. Council member Maloney moved to direct staff to coordinate with the City Attorney to create a draft ordinance containing zero -rise, the grandfather clause, and no adverse impact toolkit and bring back to Council as a workshop item. 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. 4 -- Public hearing, presentation, possible action, and discussion on an ordinance amending the Land Use Plan element of the Comprehensive Plan from Single- Family Medium Density and Floodplains & Streams to Regional Retail, Office and Residential Attached for 31.19 acres generally located at the northeast corner of William D. Fitch and its future intersection with Victoria Avenue. Jennifer Prochazka, Senior Planner presented the staff report on an ordinance amendment the Land Use Plan element of the Comprehensive Plan regarding a zoning change from Single - Family Medium Density, Floodplains & Streams to Regional Retail, Office and Residential Attached. The property of 31.19 acres is located at the northeast corner of William D. Fitch and its future intersection with Victoria. Staff and Planning and Commission recommended denial due to the incompatibility of Land Use Plan and lack of significant changed conditions. Mayor White opened the public hearing. Joe Schultz 3208 Innsbrook, applicant spoke in support of rezoning. Wallace Phillips 4490 Castle Gate Drive, the developer answered questions of the Council. Mayor Pro Tern Mcllhaney requested reevaluation by the P &Z Commission of the PDD comprehensive plan, the configuration of land in terms of the floodplain, and allowance of mixed use. Mr. Phillips requested City Council's support of the proposed request. Mayor White closed the public hearing. Council member Maloney moved to approve Ordinance No. 3132 on the amendment of the Comprehensive Plan by amending the Land Use Plan, from Single - Family Residential Medium Density and Floodplains & Streams to Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 10 Regional Retail, Office and Residential Attached for 31.19 acres located at the northeast corner of William D. Fitch and its future intersection with Victoria. Council member Massey seconded the motion, which carried 7 -0. Council added that a Planned Development District Zone was desired for the rezoning phase. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 5 -- Public hearing, presentation, possible action, and discussion an ordinance amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 2: Definitions, Section 5 -B: Establishment of Areas of Special Flood Hazard Area, and Section 5 -E: Special Provisions for Areas of Special Flood Hazard. Alan Gibbs, City Engineer, presented a brief overview of the meeting with National Flood Insurance Program (NFIP) Coordinator and the Texas Water Development Board on August 18, 2008, where the state conducted a Community Assistance Visit (CAV) for FEMA. In the following meeting; the NFIP Coordinator, reviewed our local Ch. 13 Flood Hazard Protection Ordinance to propose an amended ordinance which identified needs to update the meeting with FEMA minimum standards. Staff recommended approval of this ordinance amendment. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. Council member Massey moved to approve Ordinance No. 3133 to amend Chapter 13 of the Flood Hazard Protection as presented with the corrections to the numbers labeled on the Exhibits as noted by staff. Council member Maloney seconded the motion, which carried 7 -0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Regular Agenda Item No. 6 -- Public hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 20 -foot wide public utility easement, which is centered on the lot line between Lots 6R and 7R, Block 2 of Rock Prairie West Business Park, Phase 1 Subdivision according to the plat recorded in Volume 6121, Page 222 of the Deed Records of Brazos County, Texas. Alan Gibbs, City Engineer presented an easement abandonment that will accommodate the development of this subject tract as Aggie Pet Zone. He explained that there are no public or private utilities in the subject portion of easement to be abandoned. The 20 -foot wide public utility easement abandonment is centered on the lot line between Lots 6R and 7R, Block 2 of Rock Prairie West Business Park. Staff recommended approval of the ordinance. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. Council member Maloney moved to approve Ordinance No. 3134 to abandon the 20 ft public easement located on 3227 Rock Prairie Road West. Council member Massey seconded the motion, which carried 7 -0. FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion of the City Council's 2008- 2009 Strategic Plan. City Manager Glenn Brown presented modified version of the Council's 2008 -2009 Strategic Plan. The Plan was revised by the City Council during the summer retreat. Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 11 Council member Crompton made a motion to approve the modified City Council 2008 -2009 Strategic Plan. Council member Stewart seconded the motion, which carried 7 -0. FOR: Mayor White, Mayor Pro Tern McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None Workshop Agenda Item No. 7 -- Council Calendar Council reviewed 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. Council member Massey - briefing on future agenda of land holdings of the City and reaffirm of their use. Council member Massey - land development by the City of liquidate them. Council member Crompton - stated for future agenda the discussion on the policy issues, illegal use of fields, maintenance of fields, and registration issues of the baseball fields and taxi businesses. Mayor ProTem McIlhaney - TML conference update and the process for development of departments. Council member Massey - defer this item to a midyear retreat. (City hall strategy) Council member Ruesink - future workshop topic on jaywalking. 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 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 (Notice of Agendas posted on City Hall bulletin board). No discussion was held. At 12:40 am on Thursday, November 6, 2008 Mayor White announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.086, and 551.087 of the Open Meetings Act to seek the advice of our attorney, to discuss competitive matters, and discuss economic development negotiations. Council returned from executive session at 1:10 am. No action was taken. Regular Agenda Item No. 7 -- Adjourn. Hearing no objections, Mayor White adjourned the workshop and regular meetings at 1:10 am on Thursday, November 6, 2008. PASSED AND APPROVED this 24 day of November 2008. (ITEST: APPROVED City Secretary Connie Hooks Mayor Ben White -