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Home My WebLink About08/06/2008 - Regular Minutes City CouncilMayor Ben White Mayor ProTem Lynn McIlhaney City Manager Glenn Brown (*" 41 ' " " CITY OF COLLEGE STATION Council members John Crompton James Massey Dennis Maloney Lawrence Stewart David Ruesink Minutes City Council Workshop & Regular Meeting Wednesday, August 6, 2008 3:00 & 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL PRESENT: Mayor White, Mayor Pro Tern McIlhaney, Council members Maloney and Stewart COUNCIL ABSENT: Council members Massey, Crompton and Ruesink 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. Council member Maloney inquired on consent agenda item 2f. He questioned why only one bid was received. He also commented on consent item 2m, the price difference between the two bids on hot asphalt. Asst. Director of Fiscal Services Cheryl Tumey explained that the online bidding process is a great resource for vendors. However, the current market status is affecting the contractor bids and businesses ability to competitively bid. Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion regarding the Brazos County Prescription Discount Card program. Introduced by Hayden Migl, Assistant to the City Manager. Marc Hamlin, Brazos County District Clerk summarized the Brazos County Prescription Discount Card program and the positive response from citizens in the community. Workshop Agenda Item No. 3 -- Presentation, possible action, and discussion regarding proposed water conservation rates. David Coleman, Water Services Director presented an overview of the proposed water conservation rates. Staff presented two goals for the new rate system: 1) Promote water conservation 2) Achieve equity in revenue management. Council Workshop and Regular Minutes Wednesday, August 6, 2008 A table to illustrate the current and proposed rates for fiscal year 2009. Usage Existing Proposed 0 -5,000 $2.22 $2.22 6,000- 10,000 $2.22 $2.88 11,000- 20,000 $2.22 $3.54 21,000- 25,000 $2.22 $4.20 26,000+ $2.22 $4.86 No formal action was taken. Page 2 Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion on escalating contract prices and contract cancellations affecting the City of College Station. Introduced by Jeff Kersten, Chief Financial Director. Cheryl Turney, Assistant Fiscal Services Director described to Council recent scenarios of volatile market pressures affecting bidders and vendors doing business with the City. She expressed concern about the increasing cost in commodities and services and the impact toward providing excellent customer service to our citizens. She noted that the City is looking at ways to mend some of these concerns, one being contract amendment requirements. No formal action was taken. Workshop Agenda Item No. 5 -- Presentation. discussion and possible action reeardin2 future plans and strateeies to address the long -term aualitv and vibrancv of the Citv's housinE stock. David Gwin, Director of Economic and Community Development presented housing strategies targeted at the long -term quality of the City's housing stock. Staff presented six new strategies that will further all of the programming parameters: housing condition analysis, housing quality initiative, community development fund, exclusionary housing development, student housing design initiative. In addition, these strategies included service enhancements to focus efforts in the older areas and moderate - income target areas. Goals: Affect the long term viability of our housing stock. Proactively address the quality and condition of rental property. Encourage community input and heighten public awareness. Facilitate involvement with stakeholders. At 4:45 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 consider personnel matters, and discuss economic development negotiations. Workshop Agenda Item No. 9 -- Executive Session will immediately follows the workshop meeting in the Administrative Conference Room. Council Workshop and Regular Minutes Page 3 Wednesday, August 6, 2008 Consultation with Attorney {Gov't Code Section 551.071}; 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. Legal aspects of Water Well and possible purchase of or lease of water well sites. g. JK Development v. College Station. h. Taylor Kingsley v. College Station. i. State Farm Lloyds as Subrogee of Mikal Klumpp v. College Station. j. TMPA v. PUC (College Station filed Intervention). k. 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 session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Land exchange involving property adjacent to Carter Creek near State Highway 6 in the vicinity of the Varsity Ford Dealership. 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. Hotel and Conference Center b. Proposed Development located North and East of the Intersection of William D Fitch and State Hwy 6 Workshop Agenda Item No. 10 -- 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. No formal action was taken. Workshop Agenda Item No. 11 -- Adiourn. The workshop meeting concluded following the regular meeting. See regular meeting minutes for discussion of remaining workshop items. Council Workshop and Regular Minutes Wednesday, August 6, 2008 MINUTES Regular Meeting, Wednesday, August 6, 2008 Page 4 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. Mayor White provided the invocation. Council approved the absence requests by Council members Massey, Crompton and Ruesink Hear Visitors No one spoke. Agenda Item No. 2 -- Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by maiority vote of the Council. a. Approved minutes for City Council workshop and regular meetings, July 10, 2008, Special Meeting July 2, and City Council Retreat sessions, June 30 and July 1. b. Approved Resolution No. 8- 06 -08 -2b approving Notices of Sale, Preliminary Official Statements and related materials for the sale of "City of College Station, Texas General Obligation Improvement Bonds, Series 2008" and "City of College Station, Texas Certificates of Obligation, Series 2008" including selection of a date for opening bids. c. Approved Resolution No. 8- 06 -08 -2c adopting the Economic and Community Development Department's proposed 2008 -09 Community Development Action Plan and Budget. d. Presentation, discussion, and possible action regarding a resolution approving a Contract for federal HOME CHDO Set -Aside funds to the Brazos Valley Community Action Agency (BVCAA) in the amount of $200,415.30 for the construction of affordable housing, and $66,805.10 in CHDO operating funds. (staff removed this item from agenda). e. Approved Resolution No. 8- 06 -08 -2e approving expenditure of $102,585.00 for construction services provided by Brazos Valley Services, to replace the collapsed storm drain on Southwest Parkway between Dexter Drive and Southwest Village Apartments and approval of a construction contract for the work to be performed. f. Approved Resolution No. 8- 06 -08 -2f awarding contract 08 -65 to Bryan Construction for $313,231 for electrical and physical security improvements to the elevated water storage tanks. g. Approved ratification of a purchase order for $178,839.80 for emergency replacement of the Well 2 pump. h. Approved consultant contract with Fox Lawson & Associates LLC, to provide professional services for the completion of a comprehensive, city -wide, Classification study. i. Approved the authorization of $700,000 for the purchase of diesel fuel and gasoline with Brenco Marketing bringing the total annual estimated expenditures to $1,967,340.00. Council Workshop and Regular Minutes Page 5 Wednesday, August 6, 2008 j. Approved the authorization of expenditures up to $60,000 for the purchase of automobile parts with NAPA Automotive. k. Approved the authorization of additional funds for professional services from Bickerstaff, Heath, Delgado & Acosta, LLP. for the Brazos Valley Solid Waste Management Agency (BVSWMA) condemnations for the Twin Oaks Landfill Facility property in the amount of $75,000.00 for total funds of $150,000.00. Approval by the Council of this request ratified an additional $48,783.63 expended and legal costs associated with this project. 1. Approved the authorization of additional funds for professional services from Bruchez, Goss, Thornton, Meronoff & Hawthorne, PC. for the Brazos Valley Solid Waste Management Agency (BVSWMA) condemnations for the Twin Oaks Landfill Facility property in the amount of $75,000.00 for total funds of $125,000.00. Approval by the Council of this request ratified an additional $42,080.32 expended and provided funds for additional legal costs associated with this project. m. Approved awarding bid #08 -82 to Knife River to provide Type D Hot Mix Asphalt for the maintenance of streets for a three month period in an amount not to exceed $181,500.00 ($60.50 per ton). A secondary contract is requested for the provision of this material by the second bidder, Brazos Valley Services, in an amount not to exceed $60,000.00 ($80.00 per ton) only in emergency situations when Knife River is unable to provide material. A motion was made by Council member Maloney to approve item 2m with the recommendation of a 6 months contract at $64.50 per ton and seconded by Council member Stewart, which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink n. Approved Ordinance No. 3085 amending Chapter 10, "Traffic Code," to change the posted speed limit on sections of FM 60. o. Approved a Professional Services Contract with Jacobs Engineering, Inc., in the amount of $82,725, for construction inspection services on the Memorial Cemetery construction project; and approved Resolution No. 8 -06- 2008 -2o declaring intention to reimburse certain expenditures with proceeds from debt. A motion was made by Council member Maloney to approve consent agenda items 2a thru 20 with the removal of Consent Item 2d. Seconded by Council member Stewart which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion on an ordinance amendment to Chapter 12 of the Code of Ordinances, Unified Development Ordinance Section 2.4 Design Review Board regarding membership. Introduced by Bob Cowell, AICP, Director of Planning and Development Services. Council Workshop and Regular Minutes Page 6 Wednesday, August 6, 2008 Molly Hitchcock, Development Services summarized the proposed ordinance amending Chapter 12 of the Code of Ordinances regarding membership criteria on the Design Review Board Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. A motion was made by Mayor ProTem McIlhaney to approve Ordinance No. 3086 amending Chapter 12 of the Code of Ordinances to change the Design Review Board's membership. Seconded by Council member Maloney, which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion on consideration of an ordinance amending Chapter 10, "Traffic Code," to remove parking on the north side of Cherry Street between College Main and Tauber Street. Introduced by Robert Alley, Fire Chief. Eric Hurt, Assistant Fire Chief explained the proposed ordinance to remove parking on the north side of Cherry Street between College Main and Tauber Street for the purpose of providing the necessary width needed by emergency vehicles responding to the multi -story development. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. A motion was made by Mayor ProTem McIlhaney to approve Ordinance No. 3087 to remove parking on the north side of Cherry Street between College Main and Tauber Street and seconded by Council member Stewart, which carried 4 -0 FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink Regular Agenda Item No. 3 -- Public hearing, presentation, possible action and discussion of an ordinance amending Chapter 10 "Traffic Code ", to remove parking along Dartmouth Street between Krenek Tap Road and Harvey Mitchell Parkway (FM 2818). Chuck Gilman, Director of Capital Improvement Projects presented a proposed ordinance to remove parking along Dartmouth Street between Krenek Tap Road and Harvey Mitchell Parkway to prevent vehicles from parking in the bike lanes. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. A motion was made by Council member Maloney to approve Ordinance No. 3088 to remove parking along Dartmouth Street between Krenek Tap Road and Harvey Mitchell Parkway and seconded by Council member Stewart, which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink Council Workshop and Regular Minutes Wednesday, August 6, 2008 Page 7 Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion on consideration of an ordinance amending Chapter 10, "Traffic Code," to restrict parking on the south side of Park Place between Anderson Street and Holik Street. Introduced by Mark Smith, Director of Public Works. Troy Rother, Traffic Engineer presented a proposed ordinance to restrict parking on the south side of Park Place between Anderson Street and Holik Street to improve transportation and continue to protect the health and safety of the residents and area motorists. Mayor White opened public hearing. No one spoke. Mayor White closed the public hearing. A motion was made by Council member Stewart to approve Ordinance No. 3089 to restrict parking on the south side of Park Place between Anderson Street and Holik Street and seconded by Mayor ProTem McIlhaney, which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink Regular Agenda Item No. 5 -- Public hearing, presentation, possible action, and discussion on an ordinance amending to the Comprehensive Land Use Plan from Single Family Residential Medium Density to Industrial / R & D for 2.04 acres located at 3227 Rock Prairie Road West generally located south of the Williammate Subdivision and 2,000 feet west of the intersection with Wellborn Road. Introduced by Bob Cowell, AICP, Director of Planning & Development Services, Jason Schubert, Staff Planner presented a proposed ordinance amending the Comprehensive Land Use Plan from Single Family Residential Medium Density to Industrial / R &D for 2.04 acres located at 3227 Rock Prairie Road West. Staff recommended approval. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. A motion was made by Council member Maloney to approve Ordinance No. 3090 to change 2.04 acres located at 3227 Rock Prairie Road West from a Single Family Residential Medium Density to Industrial/ Research and Development. Seconded by Council member Stewart, which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink Regular Agenda Item No. 6 -- Public hearing, presentation, possible action, and discussion on an ordinance rezoning 2.04 acres from A -O Agricultural Open to C -2 Commercial - Industrial for the Property located at 3227 Rock Prairie Road West generally located south of the Williamsgate Subdivision and 2,000 feet west of the intersection with Wellborn Road. Introduced by Bob Cowell, AICP, Director of Planning & Development Services. Council Workshop and Regular Minutes Page 8 Wednesday, August 6, 2008 Jason Schubert, Staff Planner presented a proposed ordinance to rezone 2.04 acres located at 3227 Rock Prairie Road West generally located south of the Williamsgate Subdivision and 2,000 feet west of the intersection with Wellborn Road from A -O Agricultural Open to C -2 Commercial - Industrial. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. A motion was made by Mayor ProTem McIlhaney to approve Ordinance No. 3091 to rezone 2.04 acres located at 3227 Rock Prairie Road West from A -O Agricultural Open to C -2 Commercial - Industrial. Seconded by Council member Stewart, which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink Regular Agenda Item No. 7 -- Presentation, possible action, and discussion regarding an ordinance directing staff to prepare a service plan and setting out public hearing dates and times for the annexation of 1.02 acres on Rock Prairie Road West. Introduced by Bob Cowell, AICP, Director of Planning & Development Services. Lance Simms, Asst. Director of Planning & Development Services presented a proposed ordinance directing staff to prepare a service plan for areas identified for annexation. This service plan contains the provisions of specific municipal services to 1.02 acres on Rock Prairie Road West. A motion was made by Council member Maloney to approve Ordinance No. 3092 directing staff to prepare a service plan for areas identified for annexation. Seconded by Council member Stewart, which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink Regular Agenda Item No. 8 -- Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 10 -foot wide sanitary sewer easement, which is located on Lot 1, Block 1 of The Lofts — Wolf Pen Creek Subdivision according to the plat recorded in Volume 8567, Page 278 of the Deed Records of Brazos County, Texas. Introduced by Mark Smith, Director of Public Works. Alan Gibbs, City Engineer presented a proposed ordinance vacating and abandoning a 10 foot wide sanitary sewer easement which is located on Lot 1, Block of the Lofts — Wolf Pen Creek to accommodate the development of this subject tract as The Lofts. Mayor White opened the public hearing. Natalie T. Ruiz. AICP, IPS Group representing the developer, came forward to answer questions. Mayor White closed the public hearing. Council Workshop and Regular Minutes Page 9 Wednesday, August 6, 2008 A motion was made by Council member Stewart to approve Ordinance No. 3093 vacating and abandoning a ten foot wide sanitary sewer easement located on Lot 1, Block 1 of The Lofts — Wolf Pen Creek. Seconded by Mayor ProTem McIlhaney, which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink Regular Agenda Item No. 9 -- Presentation, possible action, and discussion on the first reading of a Franchise Agreement Amendment to the Texas Commercial Waste, Recycling Franchise Agreement, regarding a rate increase of $0.25 per household per month. The amendment will result in an increase from $2.15 to $2.40 to the City for curbside recycling collection services. Introduced by Mark Smith, Director of Public Works, Wally Urrutia, Sanitation Superintendent presented Council the first of three readings of a Franchise Agreement Amendment to increase the public sanitary waste (trash) to $0.25 per household per month and this will result in an increase from $2.15 to $2.40 to the City for curbside recycling collection services. A motion was made by Council member Maloney to approve the first reading of the Franchise Agreement Amendment to increase the public sanitary waste and seconded by Council member Stewart, which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink Regular Agenda Item No. 10 -- Presentation, possible action, and discussion regarding Council selection of applicants to Cemetery Committee and Historic Preservation Committee. Connie Hooks, City Secretary presented applicants to the Cemetery Committee and Historic Preservation Committee. A motion was made by Council member Maloney to approved Bahman Yazdani as alternate member to the Cemetery Committee. Seconded by Council member Stewart, which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink A motion was made by Council member Maloney to approve Dorthea Robinson as a member to the Historic Preservation Committee. Seconded by Council member Stewart, which carried 4 -0. FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart AGAINST: None ABSENT: Crompton, Massey and Ruesink Council returned to the workshop meeting agenda to complete the following items. Workshop Agenda Item No. 6 -- Council Calendar Council reviewed the upcoming events and activities. Council Workshop and Regular Minutes Wednesday, August 6, 2008 Page 10 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. No topics were presented. 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 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). Mayor White — BVWATF final meeting, MPO, Research Valley Partnership Regular Agenda Item No. 11 -- Ad.lourn. Hearing no objections, Mayor White adjourned the meetings at 7:55 p.m. on Wednesday, August 6, 2008. A motion was made by Mayor ProTem McIlhaney to adjourn. Motion seconded by Council member Stewart, which carried 4 -0. FOR: Mayor White, Mayor ProTem Mcllhaney, Maloney and Stewart AGAINST: None ABSENT: Massey, Crompton and Ruesink PASSED AND APPROVED this 18` day of August 2008. APPROVED Mayor Ben White