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HomeMy WebLinkAbout07/10/2008 - Regular Minutes City CouncilMayor Ben White Mayor ProTem Lynn McIlhaney City Manager Glenn Brown CITY OF COLLEGE STATION Council members John Crompton James Massey Dennis Maloney Lawrence Stewart David Ruesink Minutes City Council Workshop & Regular Meeting Thursday, July 10, 2008 3:00 & 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL PRESENT: Mayor White, Council members Massey, Maloney, Crompton, Ruesink and Stewart COUNCIL ABSENT: Mayor Pro Tern McIlhaney STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team 14 ayor 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. No discussion was held Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion regarding a joint meeting of the P &Z Commission and City Council on a briefing on the progress of Phase II of the Comprehensive Plan Update. Introduced by Bob Cowell, AICP, Director of Planning & Development Services. Planning & Zoning Commission was presented and Chairman John Nichols called the meeting to order at 3:03 pm. Gary Mitchell of Kendig Keast Collaborative, the City's Comprehensive Plan consultant, described the progress of Phase II of the Comprehensive Plan Update. Staff requested feedback and direction on emerging plan proposals and to ensure that the plan is consistent with the Council's expectation. Council recommended additional feedback from Planning and Zoning Commission. Chairman Nichols adjourned the Planning and Zoning Commission Meeting at 4:10 pm. Council took no action. Workshop Agenda Item No. 3 -- Presentation, possible action, and discussion on the history of Wolf Pen Creek Corridor and the balance between commercial and residential development within the Corridor. Traditional Values, Progressive Thinking In the Research Valley Council Workshop & Regular Minutes Thursday, July 10, 2008 Page 2 Rob Cowell presented an overview of the history regarding the development activities in the Wolf Pen Creek ,rridor. Council directed staff to proceed with mixed use development while ensuring that Wolf Pen Creek oversight committee meets regularly to discuss new and ongoing projects. Workshop Agenda Item No. 4 -- Presentation, possible action and discussion of an ordinance calling a bond election on November 4, 2008. Janet Dudding, Assistant Director of Fiscal Services and Mark Smith, Director of Public Works presented the list of Capital Improvement projects proposed for a bond election in November. Ordinance calling the election was scheduled for the August 18, 2008 Council meeting. A motion was made by Council member Massey to approve the 7 year funding timeline on projects and seconded by Council member Stewart, which carried 6 -0. FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None ABSENT: Mayor Pro Tern Mcllhaney At 5:15 pm, Mayor White announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.074, and 551.087 of the Open Meetings Act to seek the advice of our attorney, to consider rsonnel matters, and discuss 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. 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). Legal issues and advice on Brazos Valley Solid Waste Management Agency Contract, on proposed methane gas contract, on proposed Franchise with City of Bryan for B.T.U. Electric, on proposed pole use Council Workshop & Regular Minutes Thursday, July 10, 2008 Page 3 for College Station and Bryan electric lines, and update on legal proceedings for Grimes County Landfill site and on contract for site acquisitions. Personnel {,Gov't Code Section 551.0741; possible action The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Planning and Zoning Commission b. Zoning Board of Adjustments C. Construction Board of Adjustments and Appeals d. Parks and Recreation Board 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 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 returned to open session at 6:45 pm. No action was taken. Workshop Agenda Item No. 12 -- Adjourn. The workshop meeting adjourned at the same time as the regular meeting. Minutes Regular Meeting, Thursday, July 10, 2008 Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation Hear visitors. Mayor White called the meeting to order at 7:00 p.m. He led the audience in the Pledge of Allegiance and provided the invocation. Council approved the absence request by Council member McIlhaney. No one spoke under Hear Visitors. Regular Agenda Item No. 2 -- Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Approved minutes for City Council Workshop and Regular Meetings June 26, 2008. Council Workshop & Regular Minutes Thursday, July 10, 2008 Page 4 b.Approved Resolution No. 7- 10 -08 -2b (Determining Need) that identifies certain properties needed to further redevelop at 303 - 321 First Street. c. Approved Resolution No. 7- 10 -08 -2c approving a real estate contract for the purchase of 303 - 321 First Street. d.Approved exterior painting, roof replacements and repair of City Buildings, with a HGAC Contract price ag reement with Jamail / Smith Construction, in the amount of $ 155,831.20. ,Approved Ordinance No. 3084 amending Ordinance 2538 found in Chapter 1, "General Provisions ", of the Code of Ordinan ces of the City of College Station, Texas, Section 15, "Disposition of Abandoned or Unclaimed Propert y; Disposition of Salvage or Surplus Property; and Disposition of Seized Weapons, Explosive Weapons, or Other Prohibited Contraband." f. Approved Resolution No. 7- 10 -08 -2f awarding contract #08 -227 for the College Main Sidewalks Project to Brazos Valle y Services in the amount of $215,604.00. g. Approved Resolution No.7- 10 -08 -2g for an Advanced Funding Agreement between the City of College Station and the State of Texas for Ba rron Road Capacity Improvements Project, Phase 1. A motion was made by Council member Massey to approve consent agenda items 2a thru 2g and seconded by Council member Ruesink which carried 6 -0. )R: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None ABSENT: Mayor ProTem McIlhaney Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion regarding the service plan for 1.02 acres in the 3200 block of Rock Prairie Road West identified for annexation under the exempt status. Item pulled from agenda. Regular Agenda Item No. 2 -- Presentation, possible action, and discussion on a Professional Services Contract with Jacobs Engineering Group Inc., in the amount of $380,869.00, for the design of the Discovery Drive Extension project. Chuck Gilman, Director of Capital Improvement Projects presented a brief overview of the Professional Services Contract with Jacobs Engineering Group, Inc. for the conceptual, preliminary, and final design of the Discovery Drive Extension project. Budget_ The City of College Station will pay $2mil towards Discovery Drive Extension project. Preliminary construction cost estimate is $2.8M Staff recommended approval of the professional services contract between the City of College Station and Jacobs lgineering Group. Council Workshop & Regular Minutes Thursday, July 10, 2008 Page 5 A motion was made by Council member Massey to approve Resolution No. 7- 10 -08 -02 for the professional - vices contract between the City of College Station and Jacobs Engineering Group in the amount of $380,869. Seconded by Council member Stewart, which carried 6 -0. FOR: White, Massey, Maloney, Stewart, Crompton, Ruesink AGAINST: None ABSENT: Mayor ProTem McIlhaney Regular Agenda Item No. 3 -- Presentation, possible action and discussion to approve a resolution by the City Council of the City of College Station, Texas, directing publication of notice of intention to issue certificates of obligation, series 2008; and providing an effective date. Drew Masterson, City's Financial Advisor presented his recommendation that the City issue Certificate of Obligations for utility projects instead of Utility Revenue Bonds (URBS). FY08 CO Debt Issue: Certificates of Obligation New Cemetery Development $6,748,000 Municipal Facility Improvements 250,000 Wireless Infrastructure 200,000 Adamson Pool House 900,000 Thomas Pool House 330,000 Southwood Athletic Lights 197,000 W.D. Fitch Widening $1,000,000 Eagle Avenue Extension 800,000 Electric Projects $6,700,000 Water Projects $6,900,000 Wastewater Projects $2,200,000 Debt Issuance Costs 215,000 Total Certificates of Obligation $26,440,000 Staff recommended the approval of a resolution directing publication of notice of the intention to issue certificates of obligation. A motion was made by Council member Maloney to approve Resolution No. 7- 10 -08 -03 directing publication of notice of the intention to issue certificates of obligation in the amount of $26,440,000. Seconded by Council member Crompton which carried 6 -0. FOR: White, Maloney, Massey, Crompton, Ruesink, Stewart AGAINST: None ABSENT: Mayor ProTem McIlhaney Regular Agenda Item No. 4 -- Presentation, discussion, and possible action on review of Council Meeting - ocedures. Council Workshop & Regular Minutes Thursday, July 10, 2008 Page 6 "ouncil member Crompton expressed concern about the current meeting procedures for public input. He noted . At the public should be informed prior to the meetings that opportunities exist for the public to speak at the meetings. The agendas should say "Public hearing" if Council wishes to hear from the public on a workshop, consent, or regular agenda item. A motion was made by Council member Crompton to approve the following changes of the City Council Meeting Procedures: a. Page one (1) last Paragraph b. Page two (2) to "future agenda" that if three (3) of the Council members feel strongly about a certain item then the other four (4) Council members should be prepared to listen and weigh their concerns. C. Throughout the document, the language "Work Study session" should be changed to "Workshop Session ". d. Page seven (7) — Public Communications — the public needs to register with the City Secretary's Office prior to meeting on the regular consent agenda items. e. Page one (1) — change language to reflect the approximate start time of executive session. The motion was seconded by Council member Maloney, which carried 6 -0. FOR: Mayor White, Crompton, Massey, Maloney, Stewart, Ruesink AGAINST: None ABSENT: Mayor ProTem McIlhaney This concluded the discussion and action items at the Council's regular meeting. At 7:40 pm, Council continued forward on discussion of Council's workshop agenda items. Workshop Agenda Item No. 5 -- Presentation, possible action and discussion of City Charter Amendments for November 4, 2008 ballot. Connie Hooks, City Secretary posed the question to the Council about its interest to proceed with a charter amendment election for the purpose of revising this section and other sections of this article: Charter Review Article X: a. Abolish Committee of Petitioners b. Allow committee to delegate to other registered voters for circulation c. Allow process to include mail petitions (without affidavit requirements) d. Retain current process A motion was made by Council member Stewart to retain the existing charter provision. Motion seconded by Council member Massey, which carried 5 -1. FOR: Mayor White, Massey, Maloney, Stewart and Ruesink AGAINST: Crompton ABSENT: Mayor Pro Tern McIlhaney . i arter Review Article XII General Provisions: ,, ection 115: Personal Interest initiated by the Economic and Community Development Department Council Workshop & Regular Minutes Thursday, July 10, 2008 Page 7 A motion was made by Council member Crompton to approve a proposed amendment of the Charter to the voter ated to Section 115 that allows employees of the City to enter into contract with the City for federal housing assistance. Motion seconded by Council member Ruesink which carried 6 -0. FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None ABSENT: Mayor Pro Tern McIlhaney Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion regarding the creation of a Bicycle Pedestrian and Greenway Master Plan (BPGMP) including formation of an advisory committee. Item pulled and moved to a future agenda. Workshop Agenda Item No. 7 -- Council Calendar Council reviewed their upcoming events and travel schedules. Workshop Agenda Item No. 8 -- 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. )uncil member Crompton — Definition of resident (Code Enforcement). Council member Crompton — Requesting City Manager to research Ordinance for parades in neighborhoods. Council member Crompton — Regular item to change one of the George W. Bush Drive street names. Seconded by Council member Stewart. Council member Maloney — Neighborhood overlays on August 28. Council member Maloney — Discussion of neighborhood ordinances. Council member Maloney — Amount of money provided by City to Research Valley Partnership 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 Adiustments (Notice of Agendas posted on City Hall bulletin board). No discussion was held. Council concluded the workshop items at 8:25 pm. Council Workshop & Regular Minutes Thursday, July 10, 2008 Page 8 At 8:25 pm, Mayor White announced that the City Council would convene into executive session pursuant to ctions 551.071, 551.074, and 551.087 of the Open Meetings Act to seek the advice of our attorney, to consider personnel matters, and discuss economic development negotiations. Council returned to the open session at 9:15 pm. The following action was taken. Regular Agenda Item No. 5 -- Presentation, possible action and discussion of Council selection of citizens to various City Boards and Committees: Cemetery Committee, Comprehensive Plan Advisory Committee, Construction Board of Adjustments, Design Review Board, Historic Preservation Committee, Parks and Recreation Board, Planning and Zoning Commission, Zoning Board of Adjustments. Cemetery Committee Sarah Mirza - appointed Anne Hazen — appointed Roger Reese — appointed alternate Weldon D. Kruger - reappointed James Batenhorst — reappointed Randy Matson — reappointed Joe Wallace - reappointed Council member Crompton moved to approve the membership listed above. Seconded by Council member Maloney which carried 6 -0. )R: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None ABSENT: Mayor Pro Tern Mcllhaney Comprehensive Plan Advisory Committee Richard Startzman — appointed to Area II Tom Taylor — appointed to Area III Millie Burrell — appointed to student res. (graduate) Bianca Manago — appointed to student res. (alternate) Andrew Pitz — appointed to student res. (under graduate) Jodi Warner — appointed to resident at large (alternate) Council member Crompton made a motion to approve new members listed above. Seconded by Council member Ruesink which carried 6 -0. FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None ABSENT: Mayor Pro Tern Mcllhaney Construction Board of Adiustments Wajahat Mirza — appointed Frank D. Cox — reappointed (chair) Iiarles Thomas — reappointed (alternate) , Venn Thomas — reappointed (alternate) Council Workshop & Regular Minutes Thursday, July 10, 2008 Page 9 motion was made by Council member Maloney to approve the membership listed above. Seconded by Council -mber Massey which carried 6 -0. FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None ABSENT: Mayor Pro Tern McIlhaney Design Review Board John Nichols — appointed (chair) Katy Jackson — appointed (citizen at large) Jason Kinnard — appointed (registered architect) Alan King — appointed (landscape architect) Hunter Goodwin — reappointed (property owner or developer) Ward V. Wells — reappointed (aesthetic knowledge) A motion was made by Council member Stewart to approve the membership listed above effective July 14, 2008. Seconded by Council member Massey which carried 6 -0. FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None ABSENT: Mayor Pro Tern Mcllhaney H istoric Preservation Committee san Irza — appointed Lisa G. Kalmus — appointed Hillary Jessup — reappointed (chair) Colleen Risinger — reappointed A motion was made by Council member Crompton to approve the membership listed above. Seconded by Council member Stewart which carried 6 -0. FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None ABSENT: Mayor Pro Tern Mcllhaney Parks and Recreation Board J. Riley Bryan — appointed George Jessup — appointed Glenn Schroeder — appointed David Scott — appointed A motion was made by Council member Massey to approve the membership listed above. Seconded by Council member Ruesink which carried 6 -0. FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None 3SENT: Mayor ProTem McIlhaney Planning and Zoning Commission Council Workshop & Regular Minutes Thursday, July 10, 2008 "q.ul Greer — appointed .,uglas Slack — appointed Hugh Stearns — appointed (one year) Thomas Woodfin — appointed John P. Nichols — reappointed (chair) A motion was made by Council member Council member Stewart which carried 6 -0. Page 10 Crompton to approve the membership listed above. Seconded by FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None ABSENT: Mayor ProTem Mcllhaney Zoning Board of Adjustments Rodney Hill — appointed Melissa Cunningham — appointed (alternate) Jay Goss — reappointed (chair) John Richards — reappointed A motion was made by Council member Ruesink to approve the membership listed above. Seconded by Council member Crompton which carried 6 -0. FOR: Mayor White, Crompton, Massey, Maloney, Stewart and Ruesink AGAINST: None 3SENT: Mayor ProTem Mcllhaney Regular Agenda Item No. 6 -- Adiourn. Hearing no objections, Mayor White adjourned the meetings at 10:00 p.m. on Thursday, July 10, 2008. PASSED AND APPROVED this 6 1 day of Ate 2008. r TEST: . 4,- ity Secretary Connie Hooks APPROVED Mayor Ben White