HomeMy WebLinkAbout10/08/2009 - Workshop Agenda Packet - City CouncilTable of Contents
Agenda 2
Workshop Item 2: City Staff and Public Meeting Space Needs
Cover Sheet 5
Workshop Item 3: Cell Phone Use in School Zones
Cover sheet 6
HB 55 7
Signage 12
Memorandum 13
Workshop Item 4: Smoking Ordinance
Cover sheet 18
Ordinance 19
Workshop Item 5: Street Maintenance Operations
Agenda Cover 22
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Mayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Dave Ruesink Dennis Maloney
City Manager Katy-Marie Lyles
Glenn Brown Lawrence Stewart
Agenda
College Station City Council
Workshop Meeting
Thursday, October 08, 2009 3:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
1. Presentation, possible action, and discussion on items listed on the consent agenda.
2. Presentation, possible action, and discussion concerning an alternative to address the administrative office
space needs for city staff, the need for a larger city council chamber, and more public meeting space.
3. Presentation, possible action and discussion regarding Cell Phone Use in School Zones.
4. Presentation, possible action, and discussion regarding a proposed amendment to the City’s smoking
ordinance that would define tobacco/cigar bars in the City and add them as an exception.
5. Presentation, possible actions and discussion regarding street maintenance operations for existing
roadway infrastructure.
6. Council Calendar
October 13 83rd Annual Transportation Course Luncheon at TAMU – The Zone Club, 12:00 p.m.
October 19 Council Workshop/Regular Meeting in Council Chambers, 12:00 p.m.
October 19 Annual Chamber of Commerce Banquet, 6:30 p.m.
October 21-23 Texas Municipal League Annual Conference, Ft. Worth
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.
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, Code Review Committee, Design
Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental
Committee, Joint Relief Funding Review Committee, Landmark Commission, 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,
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City Council Workshop Meeting
Thursday, October 8, 2009
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, BVSWMA, Signature Event Task Force, (Notice of Agendas
posted on City Hall bulletin board).
9. Executive Session will immediately follow the workshop meeting in the Administrative Conference
Room.
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 for Brushy & Wellborn Services Areas
c. Water CCN permit requests for Brushy & Wellborn Services Areas
d. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
e. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites
f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the
Brazos Valley Groundwater Conservation District
g. TMPA v. PUC (College Station filed Intervention)
h. 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
i. Update on legal proceedings for Grimes County Landfill site and contracts for development of
Grimes County site
j. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and
Ben White
k. Chavers et al v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station, et al
l. Rogers Sheridan v. Barbara Schob & Greg Abbott
m. Clancey v. College Station, Glenn Brown, and Kathy Merrill
n. Legal issues related to Economic Development Agreement between City of College Station &
Sahara Realty
o. Legal issues related to the real estate contract between City of College Station and CHSC, Ltd.
Real Estate {Gov’t Code Section 551.072}; 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. Property located south of the intersection of George Bush Drive and Holleman Drive.
10. Action on executive session, or any workshop agenda item not completed or discussed in today’s
workshop meeting may be discussed in tonight’s Regular Meeting if necessary.
11. Adjourn.
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City Council Workshop Meeting
Thursday, October 8, 2009
APPROVED:
___________________________________________
City Manager
Notice is hereby given that a Workshop Meeting of the City Council of the City of College Station, Texas
will be held on the 8th day of October, 2009 at 3:00 pm in the City Hall Council Chambers, 1101 Texas
Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda
Posted this 5th day of October, 2009 at 2:00 pm
__
E-Signed by Connie Hooks
VERIFY authenticity with ApproveIt
_________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of
said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s
website, www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times.
Said Notice and Agenda were posted on October 5, 2009 at 2:00 pm and remained so posted continuously for
at least 72 hours proceeding the scheduled time of said meeting.
This public notice was removed from the official board at the College Station City Hall on the following date
and time: _______________________ by ___________________________.
Dated this _____day of _______________, 2009.
CITY OF COLLEGE STATION, TEXAS By____________________________________
Subscribed and sworn to before me on this the ______day of _________________,
___________________Notary Public – Brazos County, Texas My commission expires:________
This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be
made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be
viewed on www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19.
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October 8, 2009
Workshop Agenda Item 2
City Staff and Public Meeting Space Needs
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion concerning an alternative
to address the administrative office space needs, the need for a larger city council chamber,
and more public meeting space.
Recommendation(s): Staff recommends proceeding with a study to evaluate the
feasibility of expanding the Municipal Courts Building, or receive alternative direction from
City Council.
Summary: The City Council requested an update from staff on the status of a solution to
address the administrative space needs, and the need for larger public meeting spaces to
hold City Council Meetings, Planning and Zoning Meetings, etc. Staff is considering the
option of expanding the Municipal Courts Building to meet these needs in an effort to
address the immediate space needs while being sensitive to the current economic conditions
and the public reaction to the cost of building a new city hall.
Staff would retain the services of an architect to conduct a feasibility study for this
alternative. The scope of this study would include the following:
1. Development of a facility program for the meeting and office space needs for the
intermediate term (10 years)
2. Determination of the additional improvements that will be required by our design
criteria and development ordinances (e.g. additional parking, utility improvements
façade improvements, additional landscaping/streetscaping, etc);
3. Development of a preliminary floor plan for the building expansion
4. Development of a preliminary opinion of probable construction cost for the
expansion.
Budget & Financial Summary: Funds for phase I of a City Hall facility that would
include a new Council Chambers and limited administrative offices were approved as part of
the 2003 General Obligation Bond (GOB) package. A total of $4,300,000 was approved.
Funds in the amount of $190,270 have been expended or committed to date on design work
and miscellaneous expenditures, leaving a balance of $4,109,730 for future design and
construction needs.
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October 8, 2009
Workshop Agenda Item 3
Cell Phone Use in School Zones
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding Cell Phone Use in
School Zones
Recommendation(s): Staff recommends enforcement of the recent amendment to the
Transportation Code prohibiting the use of wireless communication devices by drivers in
school zones.
Summary: In the last legislative session, House Bill 55 was approved. The new law makes
it an offense to use a cell phone without a hands free device while driving in a school zone.
There are several exceptions that allow certain emergency uses. In order to enforce this
provision, the City must install signage that meets guidelines described in the legislation.
This item was presented to Council on August 27 th for discussion and at that time Council
asked that the issue be discussed by the Council Transportation Committee (CTC) and with
CSISD officials. Subsequent to those discussions, the CTC and the CSISD Trustees
recommend that the signs be installed.
Budget & Financial Summary: The cost of installing the signage ranges between $200
per sign to install a separate sign adjacent to existing school zone flashers and $1,000 per
sign to replace the existing flashers with taller poles to accommodate the additional signage.
Staff recommends installing the separate sign at 52 locations for a total cost of $10,400.
The cost of the signs and installation will be paid from the red light camera fund.
Attachments:
1. House Bill 55
2. Signage
3. Memorandum l
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H.B.ANo.A55
AN ACT
relating to an offense of using a wireless communication device
while operating a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 545.425, Transportation Code, is amended
to read as follows:
Sec.A545.425.AAUSE OF WIRELESS COMMUNICATION DEVICE; OFFENSE
[BY CERTAIN MOTORISTS].(a) In this section:
(1)AA"Hands-free device" means speakerphone capability
or a telephone attachment or other piece of equipment, regardless
of whether permanently installed in the motor vehicle, that allows
use of the wireless communication device without use of either of
the operator ’s hands.
(2)AA"Wireless communication device" means a device
that uses a commercial mobile service, as defined by 47 U.S.C.
Section 332.
(b)AAExcept as provided by Subsection (c), an operator may
not use a wireless communication device while operating a motor
vehicle within a school crossing zone, as defined by Section
541.302, Transportation Code, unless:
(1)AAthe vehicle is stopped; or
(2)AAthe wireless communication device is used with a
hands-free device.
(b-1)AAA municipality, county, or other political
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subdivision that enforces this section shall post a sign that
complies with the standards described by this subsection at the
entrance to each school crossing zone in the municipality, county,
or other political subdivision. The department shall adopt
standards that:
(1)AAallow for a sign required to be posted under this
subsection to be attached to an existing sign at a minimal cost; and
(2)AArequire that a sign required to be posted under
this subsection inform an operator that:
(A)AAthe use of a wireless communication device is
prohibited in the school crossing zone; and
(B)AAthe operator is subject to a fine if the
operator uses a wireless communication device in the school
crossing zone.
(c)AAAn operator [A person] may not use a wireless
communication device while operating a passenger bus with a minor
passenger on the bus unless [except in case of emergency or if] the
passenger bus is stopped [not in motion].
(d)AAIt is an affirmative defense to prosecution of an
offense under this section that:
(1)AAthe wireless communication device was used to make
an emergency call to:
(A)AAan emergency response service, including a
rescue, emergency medical, or hazardous material response service;
(B)AAa hospital;
(C)AAa fire department;
(D)AAa health clinic;
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H.B.ANo.A55
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(E)AAa medical doctor ’s office;
(F)AAan individual to administer first aid
treatment; or
(G)AAa police department; or
(2)AAa sign required by Subsection (b-1) was not posted
at the entrance to the school crossing zone at the time of an
offense committed in the school crossing zone.
(e)AAThis section does not apply to:
(1)AAan operator of an authorized emergency vehicle
using a wireless communication device while acting in an official
capacity; or
(2)AAan operator who is licensed by the Federal
Communications Commission while operating a radio frequency device
other than a wireless communication device.
(f)AAThis section preempts all local ordinances, rules, or
regulations that are inconsistent with specific provisions of this
section adopted by a political subdivision of this state relating
to the use of a wireless communication device by the operator of a
motor vehicle.
SECTIONA2.AAThe change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
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H.B.ANo.A55
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SECTIONA3.AAThis Act takes effect September 1, 2009.1
H.B.ANo.A55
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______________________________ ______________________________
AAAAPresident of the Senate Speaker of the HouseAAAAAA
I certify that H.B. No. 55 was passed by the House on May 15,
2009, by the following vote:AAYeas 106, Nays 32, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 55 on May 29, 2009, by the following vote:AAYeas 138, Nays 4, 1
present, not voting.
______________________________
Chief Clerk of the HouseAAA
I certify that H.B. No. 55 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote:AAYeas 27, Nays
4.
______________________________
Secretary of the SenateAAA
APPROVED: __________________
AAAAAAAAAAAAAAAAADateAAAAAAA
AAAAAAAAA __________________
AAAAAAAAAAAAAAAGovernorAAAAAAA
H.B.ANo.A55
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October 8, 2009
Workshop Agenda Item 4
Smoking Ordinance
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Presentation, possible action, and discussion regarding a proposed
amendment to the City’s smoking ordinance that would define tobacco/cigar bars in the City
and add them as an exception.
Recommendation(s): N/A
Summary: The City Council passed changes to the City’s smoking ordinance on January 22
of this year prohibiting smoking in workplaces, bars and bar areas. Exceptions to the
ordinance included specialty tobacco stores and actors or actresses participating in a
theatrical performance.
After the ordinance was passed, staff contacted bar owners to ensure that their businesses
came into compliance and Police allowed a 30-day grace period in which the ordinance was
enforced but no citations were issued.
Since that time an issue has come up regarding the Hookah Station located at Northgate.
The Hookah Station is a bar that customers smoke flavored tobacco from hookahs, but they
are also allowing other forms of smoking in the establishment. There have been complaints
from other bar owners in the City that this is not equitable since the Hookah Station
operates as a bar. The Hookah Station owners' argument is the ordinance allows their bar to
currently operate as it is today because they are a tobacco specialty shop; however, City
staff has pointed out that a majority of their revenue comes from the sale of alcohol which
makes them a bar according to the ordinance.
The owners of the Hookah Station have met with the City and requested an exception. This
item is to determine if Council desires staff to come forward with an amendment that would
define tobacco/cigar bars in the City and add them as an exception.
This business is not currently in compliance with the ordinance, but enforcement action is
not being taken at this location until direction is received from Council.
Budget & Financial Summary: N/A
Attachments:
1. Smoking ordinance
2. Letter from Hookah Station Owner (to be provided prior to the Council meeting)
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ORDINANCE NO.__________________ Page 2
EXHIBIT “A”
SECTION 9: TOBACCO PRODUCTS AND SMOKING
A. Definitions
(1) Public Meeting means a meeting required to be open to the public under TEX.
GOVT. CODE, Chapter 551.
(2) Public Place means an enclosed, indoor area to which the public has access and
includes, but is not limited to the following:
(a) the common areas of a retail store, office, grocery store, or other
commercial establishments;
(b) a restaurant or cafeteria;
(c) a public or private or secondary school;
(d) a public or private institution of higher education;
(e) a hospital or nursing home;
(f) an elevator;
(g) City and school buses;
(h) City building, owned or leased by the City and used for City purposes;
(i) an enclosed theater, auditorium, movie house, or arena;
(j) a courtroom or a jury waiting or deliberation room; or
(k) bar or bar area
(3) Smoke or smoking includes:
(a) carrying or holding a lighted pipe, cigar or cigarette of any kind or any
other lighted smoking equipment or device;
(b) lighting a pipe, cigar, or cigarette of any kind or any other smoking
equipment or device; or
(c) emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or
any other smoking equipment or device.
(4) Bar. A bar is an establishment that is dedicated predominately to the serving of
alcohol rather than food.
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ORDINANCE NO.__________________ Page 3
(5) Bar area. A bar area is an area physically separated from a food serving area
dedicated predominately to the serving of alcohol rather than food.
(6) Workplace means an enclosed area in which employees work or have access
during the course of their employment.
B. Offense; Penalty.
(1) A person commits an offense if the person smokes at a public meeting, in a public
place, in a workplace or in any other enclosed, indoor area in which “no smoking”
signs are conspicuously posted by the person in charge, and the person is not in an
area designated as a smoking area under Subsection C below.
(2) It is an exception to the application of provision (1) of this subsection that the
person is smoking:
(a) as an actor or actress in a theatrical performance; or
(b) a tobacco specialty shop.
Smoking shall be allowed and smoking signs are not required to be posted by the person in
charge under Subsection C when smoking is permitted by Subsection B(2)a and B(2)b.
C. Designation of No Smoking and Smoking Areas
(1) The person in charge shall designate the following areas as “non-smoking”:
(a) food order areas, cashier areas, check-out lines for stores;
(b) City library;
(c) elevators;
(d) City and school buses, including associated terminals;
(e) restrooms;
(f) movie theaters, hospitals, and rest home facilities;
(g) within a twenty foot (20’) radius of the entry way of all public places,
except for bars and bar areas where there shall be a ten foot (10’) radius
around the entry way;
(h) all other public places including restaurants and cafeterias; and
(i) workplaces.
(2) Smoking areas shall not be designated to cover areas in provisions (1)(a) through
(1)(i) of this subsection. It is not required that any smoking areas be designated.
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ORDINANCE NO.__________________ Page 4
D. Signs
(1) The person in charge of a public place or workplace shall place signs visible at
each entrance of the building to notify persons entering that smoking is prohibited
or that smoking is prohibited except in areas designated as smoking areas.
(2) The person in charge shall conspicuously post signs in areas designated as a
smoking area that smoking is permitted in the area.
E. Facilities to Extinguish Smoking Material
All public places shall be equipped for extinguishments of smoking materials. Facilities
for extinguishments of smoking materials that are located in areas of public places other
than designated smoking areas shall be accompanied by clearly visible signs, stating “no
smoking”.
F. Owner/Operator Responsible
A person commits an offense if he is the owner, operator, manager or an employee of an
establishment and he intentionally permits or fails to make a reasonable effort to prevent
smoking in a “no smoking” area.
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October 8, 2009
Workshop Agenda Item No. 5
Street Maintenance Operations
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible actions and discussion regarding street
maintenance operations for existing roadway infrastructure.
Recommendation(s): NA
Summary: Staff will make a presentation describing management, strategies for existing
roadway infrastructure. The presentation will include a discussion of service levels and
costs for street maintenance operations.
Budget & Financial Summary: The FY 2010 budget for street maintenance operations is
$2,752,428.
Attachments:
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