HomeMy WebLinkAbout10/23/2008 - Regular Minutes City Council(*41
Mayor CITY OF COLLEGE STATION
Ben White
Mayor ProTem
Lynn Mcllhaney
City Manager
Glenn Brown
Minutes
City Council Workshop & Regular Meeting
Thursday, October 23, 2008 3:00 & 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
Councilmembers
John Crompton
James Massey
Dennis Maloney
Lawrence Stewart
David Ruesink
Mayor Pro Tern McIlhaney called the workshop meeting to order at 3:00 pm with all Council members
present. Mayor White was absent.
Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion of apology to the
Citizens and the City Council of College Station and to give partial restitution to the City of
College Station by Mr. Paul Urso, previous Street Superintendent of the College Station, Texas.
Mr. Paul Urso, former employee of the City of College Station addressed the City Council with an
apology for his actions of criminal wrongdoing during his tenure as an employee. He presented a
check for $50,000 to the Finance Director, a partial payment as part of his sentence by the District
Judge.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion on items listed on
the consent agenda.
Consent Agenda Item No. 3b related to cemetery fees was removed from the agenda for staff
presentation at the regular meeting.
No other discussion was held.
Workshop Agenda Item No. 3 -- Presentation, possible action, and discussion of the finalized
Fiscal Year 2006/2007 audit and a brief report on the general state of the Arts Council of the
Brazos Valley.
Tom Wilkinson, the City of College Station Arts Council representative on the Board came forward.
He introduced members of the Arts Council Executive Board and staff. He summarized the FY07 -08
budget
Council expressed their appreciation to the Arts Council Board for their efforts to comply with the
City's policies for compliance.
No formal action was taken.
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion concerning the City
Internal Auditor's Fiscal Year 2009 Audit Plan.
Ty Elliott, City Internal Auditor presented the proposed Fiscal Year 2009 Audit plan, which included
the following: continue BVSWMA work, follow up of the purchasing card audit report
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Thursday, October 23, 2008
Workshop and Regular Minutes
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recommendations, audit of asset management of the city's fleet, implementation of a fraud hotline,
follow up of the purchasing processes audit report recommendations, begin an audit of cash handling
procedures, and FY09 Audit Plan Estimated Timeline.
Council member Massey made a motion to accept the proposed 2009 Audit plan. Council member
Stewart seconded the motion, which carried 6 -0.
FOR: Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink
AGAINST: ]none
ABSENT: Mayor White
Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion on revisions to the
UDO and Subdivision Regulations to address ETJ issues, including minimum lot size, minimum
lot width, urban street design, and master plans.
Bob Cowell, ACIP, Director of Planning and Development Services presented a staff report. 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 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 appropriate.
Through these various meetings it became clear that it was not likely a consensus could be 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 two acres
3. Establishment of a minimum lot width of 400 ft. along thoroughfares and 100' along
subdivision roads in the ETJ
4. Removal of the urban street design as a requirement/option in the ETJ
Staff sought direction from Council to prepare ordinance revisions establishing the minimum lot size,
minimum lot width, restricting use of the urban street design, and removal of the requirement to submit
master plans as presented by staff.
(Language added 11/3/2008): Council heard from Director of Environmental Health
Section, Don Flint from the Health Department. In his professional opinion, Mr. Flint
supported at least two acres due to health and safety issues. Brazos County minimum is
one acre. He noted that in south College Station, rural one acre lots are being
developed with larger homes, 5 -7 bedrooms. With these homes, there are additional
structures on the property causing overspray and health and safety concerns.
David Coleman and Karl Goldapp of Water Services briefly described data for aerobic
systems that have spray at existing homes in south rural Brazos County. These homes
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Thursday, October 23, 2008
Workshop and Regular Minutes
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are 3500 — 6000 sq. ft. along with wind drift and other structures on small lots cause
health and safety problems. Mr. Coleman stated that two acres is defendable.
This ordinance amendment will be on the City Council Agenda for November 5, 2008.
No formal action was taken.
Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion on changes to city
publications.
Wayne Larson, Director of Public Communications presented council a request to combine the pocket
pages and the annual report to one new citizen's guide. Staff requested direction from Council
regarding city publications.
Council directed staff to move forward with staff suggestion of making one publication. No formal
action was taken.
Workshop Agenda Item No. 7 -- Presentation, possible action, and discussion regarding city
branding.
Wayne Larson, Director of Public Communications brought to Council a proposal to implement a City
Brand (Slogan) with various communication tools. The City currently has many brands that have been
used in communication efforts.
Council directed staff to move forward on creating one brand for the City of College
Station, (Home of Texas A &M University.)
Workshop Agenda Item No. 8 -- Council Calendar
Council reviewed Council Calendar.
Workshop Agenda Item No. 9 -- 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 Maloney Noise Violations in neighborhood (loud stereos) need future workshop and
recommendations on how to deal with this.
Council member Maloney Ordinance review on parking on both sides of street.
Council member Ruesink Review license regulations for irrigation systems.
Council member Massey Proposes earlier budget calendar for Council review.
Mayor ProTem Mcllhany Preliminary discussion on tax rates.
Workshop Agenda Item No. 10 -- 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
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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 (Notice of Agendas posted on City Hall bulletin board).
Council member Ruesink — Sister City meeting, International Student Festival on November 15, 2008.
Council member Massey — IGC meeting on November 17, 2008 discussion on legislative, prescription
drugs, flu shot, health issues and animal control.
Mayor ProTem Mcllhany - Transportation committee discussion including public transit funding
options.
At 5:03 pm, 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 attorney, to discuss real estate matters, and discuss economic development negotiations.
Workshop Agenda Item No. 11 -- 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.
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.
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
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Workshop and Regular Minutes
Page 5
session discussion, any final action or vote taken will be in public. The following subject(s) may be
discussed:
a. Hotel /Conference Center
Economic Incentive 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
Workshop Agenda Item No. 12 -- 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 completed the executive session at 6:50 pm. No formal action was taken.
Workshop Agenda Item No. 13 -- Adiourn.
The workshop meeting adjourned at 6:50 p.m.
Regular Agenda Minutes
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Hear visitors.
Mayor Pro Tern McIlhaney called the meeting to order at 7:00 p.m. Mayor Pro Tem McIlhaney led the
audience in the Pledge of Allegiance. Chief R.B. Alley provided the invocation.
Regular Agenda Item No. 2 -- Item has been moved to workshop.
Council member Ruesink made a motion to approve the absence request from Mayor White. Council member
Stewart seconded the motion, which carried 6 -0.
FOR: Mayor Pro Tern McIlhaney, Crompton, Massey, Maloney, Stewart, Ruesink
AGAINST: None
ABSENT: Mayor White
Hear Visitors
Judy LeUnes invited the audience to the Annual "Wienerfest" at Veteran's Park, Saturday, October 25.
Regular Agenda Item No. 3 -- 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 October 9, 2008 meeting.
b. Presentation, possible action, and discussion regarding approval of a resolution establishing the
space price structure for the municipal cemetery system. Item discussed as separate item. Director of
Parks and Recreation Tony Cisneros described the resolution and price changes.
c. Approved the authorizing of expenditures for the Brazos Animal Shelter in the amount of $71,214.
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d. Approved the authorizing of expenditures for Ingram, Wallis & Co. PC for Professional Auditing
Services in the amount of $90,000 for conducting the FY 2008 audit.
e. Approved Resolution No. 10- 23 -08 -3e to update the Interlocal Agreement for Emergency Medical
Ambulance Service to respond to emergencies in Brazos County and to establish the annual fee for FY
2009 at $295,590.
f. Approved a renewal agreement with National Reimbursement Services to provide ambulance billing
services in an amount not to exceed $60,000.
g. Approved Resolution No. 10- 23 -08 -3g on a Professional Services Contract with Malcolm Pirnie,
Inc., in the amount of $302,505, for the design of the Groundwater Well No. 8, and approved
Resolution No. 10- 23- 08 -3g -a declaring intention to reimburse certain expenditures with proceeds from
debt.
h. Approved Resolution No. 10- 23 -08 -3h on a Professional Services Contract with Malcolm Pirnie,
Inc., in the amount of $273,960, for the design of the Groundwater Well No. 8 Collection Line, and
approved Resolution No. 10- 23- 08 -3h -a declaring intention to reimburse certain expenditures with
proceeds from debt.
i. Approved action on the City's proposed Leveraged Housing Development Program (LHDP)
Guidelines.
j. Approved Resolution No. 10- 23 -08 -3i awarding a consulting services contract (Contract No. 09-
045) to RCC Consultants, Inc. in an amount not to exceed $81,551.50 for planning, analysis, design and
consulting services associated with upgrade or replacement of the City of College Station's 800 MHz
Radio System and its incorporation into the Brazos Valley Wide Area Communications System.
k. Approved Resolution No. 10- 23 -08 -3k approving special warranty deeds conveying one -half
undivided interest to the City of Bryan in land acquired by condemnation for Twin Oaks Landfill.
Council member Massey made a motion to approve consent agenda items 3a and 3c thru 3k. Council
member Stewart seconded the motion, which carried 6 -0.
FOR: Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSENT: Mayor White
Council member Ruesink made a motion to approve Resolution No. 10- 23- 08 -3b Council member
Stewart seconded the motion, which carried 6 -0.
FOR: Mayor Pro Tem, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSENT: Mayor White
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Thursday, October 23, 2008
Workshop and Regular Minutes
Page 7
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action and discussion
regarding the reconfiguration of Park Zones as a comprehensive plan amendment to the
Recreation, Park and Open Space Master Plan, an element of the City's Comprehensive Plan.
Tony Cisneros, Director of Parks and Recreation presented Council an ordinance amending the
Recreation Park and Open Space element of the City of College Station's Comprehensive Plan to
reconfigure the Park Zone from 16 to 29 zones with the addition of 13 new zones in the ETJ.
Mayor Pro Tern McIlhaney opened the public hearing. No one spoke. She closed the public hearing.
Council member Crompton moved to approve Ordinance No. 3121 to amend the Recreation Park and
Open Space element of the City of College Station's Comprehensive Plan. Council member Stewart
seconded the motion, which carried 6 -0.
FOR: Mayor ProTem, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSENT: Mayor White
Regular Agenda Item No. 2 — Public hearing, presentation, possible action, and discussion on an
ordinance amending Chapter 12 of the City of College Station Code of Ordinances, Unified
Development Ordinance Section 7.9.B.6 (Traffic Impact Analysis), Section 7.9.H (Submittal
Requirements) and adding Section 7.12 (Traffic Impact Analyses).
Bob Cowell, ACIP, Director of Planning and Development Services presented an overview of the
Traffic Impact Analysis ordinance amendments.
Staff recommended the approval of proposed amendments to the UDO to incorporate the proposed
TIA language as requested by the Council and as previously recommended for approval by the P &Z
Commission.
Mayor Pro Tern McIlhaney opened the public hearing. No one spoke. She closed the public hearing.
Council member Massey moved to approve the staff recommendation of 250 vehicle trips. Council
member Stewart seconded the motion.
Council member Crompton made an amended motion to approve Ordinance No. 3122 to change
threshold from 250 to 150 vehicle trips. Council member Massey seconded the motion, which carried
5 -1.
FOR: Council members Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: Mayor Pro Tern McIlhaney
ABSENT: Mayor White
Regular Agenda Item No. 3 -- Presentation, possible action and discussion of a contract with C.
Watts & Sons in the amount of $13,296,312 for the construction of the first phase of the Twin
Oaks Landfill.
Mark Smith, Director of Public Works presented a contract for the construction of Stage I of the Twin
Oak Landfill to C. Watts & Sons in the amount of $13,296,312 for the base bid plus alternates 1 thru 5.
The Twin Oaks Landfill in Grimes County will provide disposal capacity for BVSWMA for an
estimated forty years.
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Thursday, October 23, 2008
Workshop and Regular Minutes
Page 8
Resolution declaring intention to reimburse certain expenditures with proceeds from debt is scheduled
for November 5, 2008 Council meeting.
Council member Maloney made a motion to approve the contract of Stage I of the Twin Oak Landfill
to C. Watts & Sons in the amount of $13,296,312. Council member Massey seconded the motion,
which carried 6 -0.
FOR: Mayor Pro Tern McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSENT: Mayor White
Regular Agenda Item No. 4 -- Presentation, possible action and discussion on a resolution stating
that the City Council has reviewed and approved the City's Investment Policy and Investment
Strategy.
Jeff Kersten, Chief Financial Director presented the Public Funds Investment Act that requires an
annual review and approval of the City's investment policy and investment strategies. The Act further
requires the following:
(1) that the governing body adopt a written instrument by rule, order, ordinance, or resolution stating
that it has reviewed the investment policy and investment strategies, and
(2) that the written instrument so adopted records any changes to either the investment policy or
investment strategies.
Council member Massey made a motion to approve Resolution No. 10- 23 -08 -4 on the City's
Investment Policy and Investment Strategy. Council member Stewart seconded the motion, which
carried 6 -0.
FOR: Mayor Pro Tern McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSENT: Mayor White
Regular Agenda Item No. 5 -- Presentation, possible action, and discussion regarding approval of
a contract for the purchase of real property in the northeastern portion of College Station in
proximity to other City -owned property and approval of a resolution declaring intention to
reimburse certain expenditures with proceeds from debt.
David Gwin, Director of Economic and Community Development presented property that is located in
the northeastern portion of College Station in proximity to other City -owned property and may be of
general use to the City for many purposes, including construction of the new convention and visitor's
bureau, convention center, other economic development purposes, among the possibilities.
Council member Ruesink moved to approve the contract and Resolution No. 10- 23 -08 -5 on the
purchase of property located in the northeastern portion of College Station. Council member Massey
seconded the motion, which carried 6 -0.
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Thursday, October 23, 2008
Workshop and Regular Minutes
Page 9
Council expressed their appreciation to staff and the excitement about the purchase of the property for
the Hotel Convention Center.
FOR: Mayor Pro Tem Mcllhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSENT: Mayor White
Regular Agenda Item No. 6 -- Presentation, possible action and discussion of selection of two
members to the Historic Preservation Committee.
Connie Hooks, City Secretary announced that two members resigned from the Historic Preservation
Committee in the past three months, Marquerite Anthony and Jane Hughey. Staff requested that City
Council consider two appointments to this Committee for one year term expiring June 2009.
Council member Ruesink made a motion to approve James McGinnis and Earl Apgar to the Historic
Preservation Committee for a one year term expiring June 2009. Council member Crompton seconded
the motion, which carried 6 -0.
FOR: Mayor Pro Tem Mcllhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
ABSENT: Mayor White
Regular Agenda Item No. 7 -- Adiourn.
Hearing no objections, Mayor Pro Tem Mcllhaney adjourned the meetings at 9:00 p.m, on Thursday,
October 23, 2008.
PASSED AND APPROVED this 5` day of November 2008.
APPROVED
Mayor Ben White
r TEST:
t u'4-
City Secretary Connie Hooks