HomeMy WebLinkAbout10/09/2008 - Regular Minutes City Council(*41
Mayor CITY OF COLLEGE STATION
Ben White
Mayor Pro Tem
Lynn McIlhaney
City Manager
Glenn Brown
Minutes
City Council Workshop & Regular Meeting
Thursday, October 09, 2008 at 3:00 PM & 7:00 PM
City Hall Council Chamber, 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, 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.
Mayor Pro Tern Mcllhaney informed the Council of intent to abstain from consent agenda items 2a and
2k.
Council member Crompton inquired if there was enough land for the easement on item 2c.
Council member Ruesink inquired on the solid waste management tipping fees and fees being to low.
Council member Ruesink inquired on the programs used with Hotel /Motel funds; why they were
presented on October 9, 2008 and not September 25, 2008 when budget was being approved and would
like to see comparisons of expenditures from Hotel /Motel funds from 07 -08 and 08 -09 budget for items
2h, 2i and 2j.
Workshop Agenda Item No. 2 -- Presentation possible action and discussion of a Bryan - College
Station Mobility Initiative to focus on increasing mobility, regional cooperation, and improving
safety for all users of the community transportation systems.
Introduced by Mark Smith, Director of Public Works.
Terry Childers, Assistant Agency Director of TTI presented an update on the College Station Mobility
Initiative. This project was launched to focus on increasing mobility, regional cooperation, and
improving safety for all users of the community transportation systems. The project, when fully deployed,
will result in the establishment of a Transportation Management Center (TMC) located in the TTI
TransLink Laboratory facility.
Council concurred with the proposed Initiative and directed staff to move forward in working with TTI
officials and MPO.
City Council Workshop & Regular Minutes Page 2
Thursday, October 9, 2008
Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion of the City Council's
2008 -2009 Strategic Plan.
Item moved to November 5, 2008 meeting.
Workshop Agenda Item No. 7 -- Presentation, possible action, and discussion concerning the City
Internal Auditor's Purchasing Processes Audit Report.
Ty Elliott, City Internal Auditor presented an overview of the findings in the purchasing processes audit
report. The report included several internal processes: administrative review, procedural review,
standards and specifications review, competitive bidding and proposals reviews, internal control review,
and legal review.
Council member Stewart made a motion to accept the audit and to direct staff to move forward with the
auditor's recommendations. 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
At 4:05 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
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. X 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.
City Council Workshop & Regular Minutes Page 3
Thursday, October 9, 2008
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 generally located southeast of the intersection of Earl Rudder Freeway and
Southwest Parkway
b. Ramada Inn Redevelopment
C. Hotel /Conference Center
Competitive Matters {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
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 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 7:02 p.m. Mayor White led the audience in the Pledge of
Allegiance. Chief R.B. Alley provided the invocation.
Presentation
Mike Mullins, Youth Coordinator for the City of College Station introduced members of the Youth Advisor,
Council members.
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 September 25, 2008.
City Council Workshop & Regular Minutes Page 4
Thursday, October 9, 2008
b. Approved policy renewal for Excess Liability and Workers Compensation to Star National Insurance
Company for $276,264; policy renewal for Property /Boiler & Machinery to Affiliated FM for $93,870;
policy renewal for Crime coverage to Federal Insurance Company for $4,522; and policy renewal for
EMT Liability to Western World Insurance Company for $5,077.64.
c. Approved Resolution No. 10- 9 -08 -2c to authorize City staff to negotiate for the purchase of
easements needed for the Westminster Sewer Barron Road Water Service Extension Project.
d.Approval Resolution No.'s 10- 9 -08 -2d and 10- 9- 08 -2d -a to authorize the City Attorney to condemn
easements needed for the Parallel Wellfield Collection Line Project and the Water Production Project.
e. Approved Contract #08 -245 to KEMA Inc. for $163,620.00 for consultation services in setting up an
electric compliance program.
f. Approved the adoption of Resolution No. 10- 9 -08 -2f to award Contract 08 -285 to Brazos Valley
Services in the amount of $1,087,305.26 for the construction of Well #7 Collection Line.
g.Approved the adoption of Resolution No. 10- 9 -08 -2g setting landfill special waste rates for the
Brazos Valley Solid Waste Management Agency.
h.Approved the budget of the Brazos Valley Convention and Visitors Bureau (CVB); and funding
agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau
for FY09 in the amount of $1,160,000.
i. Approved a funding agreement between the City of College Station and the Research Valley
Partnership for FY09 in the amount of $343,287.
j. Approved budget of the Arts Council of Brazos Valley and three funding agreements between the
City of College Station and the Arts Council of Brazos Valley for FY09 totaling $440,000.
k.Approved City's health plan renewal expenditures for the period of January 1, 2009 through
December 31, 2009. The projected amount is $ 5,904,750.
Council member Maloney made a motion to approve consent agenda items 2a thru 2k. 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
Mayor Pro Tern McIlhaney abstained from consent agenda items 2a and 2k.
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion on an
ordinance rezoning 0.48 acres from C -2 Commercial Industrial and R -6 High Density Multi- Family
to C -1 General Commercial for the properties located at 104, 106 and 108 Poplar Street, and
generally located along the south side of Poplar Street, east of its intersection with Texas Avenue.
Jennifer Prochazka, Senior Planner presented staff report describing the rezoning request of 0.48 acres
from C -2 Commercial Industrial and R -6 High Density Multi- Family to C -1 General Commercial for the
properties located at 104, 106 and 108 Poplar Street. Staff and P &Z Commission recommended approval.
City Council Workshop & Regular Minutes Page 5
Thursday, October 9, 2008
James Allen, applicant and owner of property, from San Antonio, Texas presented layout of the
development.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Maloney moved to approve Ordinance No. 3119 rezoning 0.48 acres from C -2
Commercial Industrial and R -6 High Density Multi- Family to C -1 General Commercial for the properties
located at 104, 106 and 108 Poplar Street. Council member Stewart 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. 2 -- Public hearing, presentation, possible action, and discussion
regarding a rezoning of 14.19 acres from A -O, Agricultural -Open, to approximately 3.76 acres of
C -1 General Commercial and 10.44 acres of R -1 Single Family Residential located at 4270 State
Highway 6 South, generally located north of the Spring Creek Gardens Subdivision. Case #08-
500152 (LH).
Lauren Hovde, Staff Planner presented staff report describing rezoning request of 14.19 acres from A -O,
Agricultural -Open, to approximately 3.76 acres of C -1 General Commercial and 10.44 acres of R -1 Single
Family Residential located at 4270 State Highway 6 South. Staff and P &Z Commission recommended
approval.
Council inquired on the size of the buffer, the distance between the properties and the different zones.
Bill Davis, P &Z Commissioner stated that the Planning and Zoning Commission felt the buffering was
large enough that the adjacent properties would not be affected by this rezoning.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Mayor Pro Tem McIlhaney moved to approve the rezoning of 14.19 acres from A -O, Agricultural -Open,
to approximately 3.76 acres of C -1 General Commercial and 10.44 acres of R -1 Single Family Residential
located at 4270 State Highway 6 South. Motion died from lack of second.
Council member Massey moved to approve Ordinance No. 3120 rezoning 14.19 acres located at 4270
State Highway 6 South from A -O, Agricultural -Open, to approximately 3.76 acres of C -1 General
Commercial. Council member Maloney seconded the motion, which carried 7 -0.
Council tabled the rezoning request for 10.44 acres of A -O Agricultural -Open to R -1 Single Family
Residential.
Council instructed staff to review the status of the M -1 zone on the Comprehensive Land Use Plan.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 3 -- Presentation, possible action, and discussion of designating three
Council members to serve on the Joint City /CSISD Committee.
Discussion between Council regarding appointments to the College Station City/ Joint Committee and
each committee consist of three members from City Council and three from School Board of Trustees.
City Council Workshop & Regular Minutes Page 6
Thursday, October 9, 2008
Council member Maloney made a motion to approve the appointments of Council members Crompton,
Ruesink and Stewart to the Joint City /CSISD Committee. 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
Council returned to discussion of workshop agenda items.
Mayor White left the meeting at 7:45 pm.
Workshop Agenda Item No. 3 -- Presentation, possible action and discussion regarding possible
revisions to the Park Land Dedication Ordinance.
Tony Cisneros, Director of Parks and Recreation presented Ordinance 2997, the current Park Land
Dedication Ordinance, approved by the City Council on September 13, 2007. The Park Land Dedication
Ordinance provided a means to acquire and develop neighborhood parks in the City and the ETJ. The
funds for these park developments are generated by the development of new residential subdivisions and
must be used for neighborhood park acquisition and /or development with a prescribed service area as
defined by the City's approved Park Zones.
The ordinance requires a three year review period, and the City Council approved the most recent changes
in September, 2007. However, both acquisition and development costs associated with park development
have increased dramatically over the past few years.
Key policy issues were reviewed and discussed by the Joint Parks and Recreation Advisory Board and
Planning & Zoning Commission Subcommittee June, 2008 as well as a public hearing was held as a part
of the Parks and Recreation Advisory Board meeting held in July, 2008. The major points of discussion
at these meetings included: The current cost of land, the cost of park construction, the need for more
community parks in newly developed areas, and the estimated population growth for the City in the next
ten years
Council member Crompton made a motion to send back to the Planning and Zoning Commission, Parks
and Recreation Board for further review, receive input from stakeholders with a public hearing to be held
at a future council meeting. 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
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding the creation
of a Bicycle, Pedestrian and Greenway Master Plan (BPGMP) including formation of an advisory
committee.
Vanessa Garza, Greenways Program Manager presented a concept of integrating the Bike and Pedestrian
Master Plan and the Greenways Master Plan inclusive of the Carter Creek corridor. She requested
Council input and consideration of the draft outline of the project scope and formation of an advisory
committee. Staff recommended approval.
The Scope of this Master Plan may include but is not limited to:
City Council Workshop & Regular Minutes Page 7
Thursday, October 9, 2008
1. Provide a vision for a bicycle, pedestrian and greenways system that compliments and
supports the City of College Station Comprehensive Plan.
2. Develop a strategy of service that will guide planning, development, management and
operations of a comprehensive bicycle, pedestrian and greenways system.
3. Engage the community through public workshops and by synthesizing prior planning efforts
(i.e. Hike and Bike Task Force; COCS Comprehensive Plan Update).
4. Create and /or update an inventory of existing bike facilities, pedestrian facilities, greenway
trails and area attractors using GIS and fieldwork to help determine needs and gaps in the
system.
5. Conduct a needs assessment considering demographics; health and wellness; environmental
protection; safety, accessibility and mobility; and the development of level of service
standards.
6. Develop system recommendations and prioritizations using GIS as a tool to automate the
quantitative analysis and citizen input for qualitative analysis.
7. Develop implementation strategies that would incorporate operations and maintenance of
facilities.
8. Review and revise policy to strengthen the creation of a comprehensive system.
Key Decision Points:
•Creating of a Collective Master Plan
•Comments on Scope and Project Schedule
•Establishing a Technical Advisory Team
Council concurred with the project scope and directed staff to move forward.
Workshop Aeenda Item No. 5 -- Presentation. possible action, and discussion regardiniz a proposed
wireless plan for the City.
Ben Roper, Information and Technology Director presented a proposed wireless plan throughout the City.
This was an item identified as a strategy during the 2007 Council retreat. This proposed plan was
developed in response to this direction: and provides a focused and measures approach to implementing
greater wireless access within our community.
Recommendations:
• Issue a RFP soliciting Internet Service Providers to provide public Internet service from city
facilities.
• Solicit proposals from private firms to provide wireless internet service from city owned
outdoor locations.
• Engage the Northgate Merchants Association to determine their willingness to cooperate with
the city to enhance safety and security in Northgate by installing wireless video surveillance
equipment, and partnering with the city to share infrastructure cost that could be used to
support public wireless internet service.
• Approve the locations identified for indoor wireless internet access and implementation that is
coordinated with the network upgrade project.
Council member Massey made a motion to approve the proposed wireless plan. Council member Ruesink
seconded the motion, which carried 6 -0.
FOR: Mayor Pro Tern McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
City Council Workshop & Regular Minutes Page 8
Thursday, October 9, 2008
AGAINST: None
ABSENT: Mayor White
Workshop Agenda Item No. 8 -- Council Calendar
Council reviewed calendar.
Workshop Agenda Item No. 9 -- Presentation, possible action, and discussion on future agenda
items: A Council Member may inquire about a subiect 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 subiect on an agenda for a subsequent
meeting.
Council member Massey inquired on future discussion of the anti- smoking ordinance.
Mayor Pro Tern McIlhaney inquired about a future workshop item to discuss philosophy of developer
friendly services as well as an ordinance to address outside funding requests in the future.
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 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). The following members made Committee
Reports.
Council member Stewart - Audit committee discussed and reviewed internal audit findings.
Mayor Pro Tern McIlhaney — Health board meeting amendment budget was adopted. Transportation
Committee's representative from Austin was at the meeting.
City Manager, Glenn Brown — Wolf Pen Creek TIF Board meeting.
Regular Agenda Item No. 4 -- Adjourn.
Hearing no objections, Mayor Pro Tern McIlhaney adjourned the meetings at 9:45 p.m. on Thursday,
October 9, 2008.
PASSED AND APPROVED this ? day of October 2008.
APPROVED n
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/=vvL Ma' or Ben White
EST:
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