HomeMy WebLinkAbout08/11/2011 - Regular Minutes City CouncilMINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
AUSGUST 11, 2011
STATE OF TEXAS §
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie Schultz
Dave Ruesink
Citv Staff:
David Neely, City Manager
Kathy Merrill, Assistant City Manager
Frank Simpson, Assistant City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Ouorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 7:06 p.m. on Thursday, August 11, 2011 in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas
77842.
1. Pledge of Alleeiance, Invocation, consider absence request.
• The Police Department Outstanding Service Award was presented to Officers Kevin
Yargo and Steven Taylor by Mayor Berry
• Captain Greg Rogers and members of the department recognized Fire Chief R. B. Alley
for his dedication to the department and the profession. Fire Chiefs Association
representatives presented Chief Alley with a commendation for his leadership and
commitment to educate the next generation.
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Citizen Comments
There were no citizen comments.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for Julv 25, 2011 Workshop
and Regular Council Meeting.
2b. Presentation, possible action, and discussion regarding Resolution 08-11-11-2b,
approving a construction contract with Marek Brothers Construction for fire barriers to
protect the transformers at Post Oak Substation and authorizing the expenditure of funds,
in an amount not to exceed 5181,900.
2c. Presentation, possible action. and discussion regarding Resolution 08-11-11-2c,
approving a construction contract with Knife River for the Semi-Annual Blanket Tvpe D
Hot Mix Installed Concrete Proiect and authorizing the expenditure of funds. in a amount
not to exceed $408.000.
2d. Presentation, possible action. and discussion regarding Resolution 08-11-11-2d,
approving a construction contract with G.W. Williams. Inc. and authorizing the
expenditure of funds. in an amount not to exceed $1,066,051.13, for the Carter Creek
Wastewater Treatment Plant Laboratorv and SCADA Building: and consider approval of
transfers in the amount of $20.077 from the Water Capital Improvement Proiects Fund
contingencv and $101,913 from the Wastewater Capital Improvements Proiects Fund
contingencv.
2e. Presentation, possible action, and discussion regarding approval of Resolution 08-11-11-
2e, for asbestos abatement and debris removal from unoccupied areas in the Chimnev Hill
Retail Plaza in the amount of $49,961.00.
2f: Presentation, possible action. and discussion regarding Resolution 08-11-11-2f.
approving Notice of Sale and Bidding Instructions Preliminarv Official Statement. and
related materials for the sale of "City of College Station, Texas General Obligation
Improvement Bonds, Series 2011" and "City of College Station. Texas Certificates of
Obligation, Series 2011". including selection of a date for opening bids.
2g. Presentation. possible action, and discussion regarding an Interlocal Agreement with
the Brvan-College Station Metropolitan Planning Organization (MPO) for the funding of
the BCS Mobilitv Initiative for fiscal vear 2011.
2h. Presentation, possible action, and discussion regarding the approval of equipment
purchases to upgrade the current Survalent SCADA svstem from Survalent Technologv in
the amount of $77,660.00 and a Services Contract in the amount of $14,500.00 for final
testing for a total cost of $92,660.00.
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2i. Presentation, possible action, and discussion reuardin2 the approval of the purchase of
Barracuda network firewall eauipment from MicroAae College Station through the Texas
A&M Master Agreement in the amount of $104.118.46.
2,j. Presentation, possible action. and discussion regarding a deductive change order to the
construction contract (Contract No.10-050) with Brazos Vallev Services for a credit to the
Citv in the amount of $34.950.00 for the Nantucket Gravitv Sewer Line proiect.
2k. Presentation, possible action, and discussion regarding a change order to the
construction contract with Elliot Construction (Contract # 11-003) in the amount of
$369,796.00 for the Southwood 5-7 Utilitv Rehabilitation Proiect.
21. Presentation, possible action and discussion on calling a public hearing on the Citv of
College Station 2011-2012 Proposed Budget for Thursdav September 8, 2011.
2m. Presentation, possible action. and discussion reeardine ratification of Change Order
#1, in the amount of $11.310 to Contract 11-019 with HDR Engineering. Inc. related to
completed impact fee analvses.
2n. Presentation, passible action. and discussion reeardinE ratification of Change Order #4,
for $19,873 to Contract 09-306 with HDR Engineering, Inc., and approval of a contingencv
transfer from the Wastewater Operating Fund in the amount of $19,873.
2o. Presentation, possible action, and discussion to approve an aereement for the City to
sell reclaimed water to the Pebble Creek Countrv Club.
2p. Presentation, possible action. and discussion regarding approval of the purchase of four
(4) 2500 kVA distribution padmount transformers from WESCO in the amount of
$147,657.00 and two (2) 1500 kVA distribution padmount transformers from Texas
Electric Coop in the amount of $39.750.00. for a combined total of $187,406.00, for Scott &
White Hospital & Dowling Road Pump Station.
2q. Presentation, possible action. and discussion regarding approval of the purchase of
Automatic Transfer Switch from Techline Inc. in the amount of $105.085.00.
Item 2g was pulled from the Consent Agenda.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda, less item 2g. The motion carried unanimously.
(2g)MOTION: Upon a motion made by Councilmember Fields and a second by
Councilmember Lyles, the City Council voted seven (7) for and none (0) opposed, to adopt an
Interlocal Agreement with the Bryan-College Station Metropolitan Planning Organization
(MPO) for the funding of the BCS Mobility Initiative for fiscal year 2011. The motion carried
unanimously.
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REGULAR AGENDA
1. Presentation, possible action- and discussion regarding appointments to the following
Boards and Commissions:
• B/CS Librarv Committee
• Bicvcle. Pedestrian & Greenwavs Advisorv Board
• Cemetery Committee
• Construction Board of Adjustments
• Desi-an Review Board
• Historic Preservation Committee
• Joint Relief Funding Review Committee
• Landmark Commission
• Lick Creek Park Nature Center Advisorv Committee
• Parks & Recreation Board
• Planning & Zonine Commission
• Sunset Advisorv Commission
• Zonine Board of Adjustments
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Fields, the City Council voted seven (7) for and none (0) opposed, to appoint Mike Ashfield,
James Benham, Jerome Rektorik, and Jim Ross, to the Planning and Zoning Commission, and
naming Mike Ashfield as chair. The motion carried unanimously.
MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Schultz, the
City Council voted seven (7) for and none (0) opposed, to appoint Ida Bellows, Jon Denton,
Sherry Ellison, Billy Hart, Fred Medina, and Mike Reynolds to the Parks and Recreation Board,
and naming Jon Denton as chair. The motion carried unanimously.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to appoint Dick Birdwell and
Marsha Sanford to the Zoning Board of Adjustments. The motion carried unanimously.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Fields, the City Council voted seven (7) for and none (0) opposed, to appoint citizens to the
committees listed below. The motion carried unanimously.
• B/CS Library Committee: Felicia Glover; Larry Ringer
• Bicycle. Pedestrian & Greenwavs Advisory Board: James Batenhorst (E); Sherry Ellison
(C); Marcy Halterman-Cox (B); Greg Stiles (A) (Councilmember Brick is the chair)
• Cemetery Committee: Sarah Adams; Ann Hays (Council directed staff to continue to
hold vacancies open for applicants)
• Construction Board of Adiustments: Mike Lane; Charles Thomas; Marc Chaloupka
(alternate); Glenn Thomas (alternate)
• Desiizn Review Board: Lindsey Bertrand; Susan McGrail (alternate); Marsha Sanford
(alternate)
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• Historic Preservation Committee: Jerry Cooper; Linda Harvell; Ann Hays; M.D.
Marshall; Frances Williams
• Joint Relief Funding Review Committee: J. Kevin Bryne
• Landmark Commission: Jason Loyd (A); M.D. Marshall (D)
• Lick Creek Park Nature Center Advisorv Committee: Robert Bruce (F); Becky
Burghardt (D); Jan Fechhelm (D); Ronald Kaiser (F); Mike Manson (F); Susan Scott (E);
Scott Shafer (E)
• Sunset Advisorv Commission: Dick Birdwell; Robert Bruce; Ryan Campbell; Gary
Erwin; Merribeth Kahlich; M.D. Marshall; with Dick Birdwell named chair
2. Public Hearing, presentation, possible action, and discussion on Ordinance 2011-3360,
amending Charter 12. "Unified Development Ordinance," Section 4.2, "Official Zoning
Map," of the Code of Ordinances of the Citv of College Station, Texas. by chanaine the
zoning district boundaries affecting certain properties, to wit: 7.364 acres located at 2862
North Graham Road. and more generally located west of the intersection of Old Wellborn
Road and North Graham Road. from A-O Agricultural Open to PDD Planned
Development District.
At approximately 8:32 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 8:33 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Brick, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz
having recused herself, to adopt Ordinance 2011-3360, amending Charter 12, "Unified
Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the
City of College Station, Texas, by changing the zoning district boundaries affecting certain
properties; to wit: 7.364 acres located at 2862 North Graham Road, and more generally located
west of the intersection of Old Wellborn Road and North Graham Road, from A-O Agricultural
Open to PDD Planned Development District, with an effective date of September 1, 2011. The
motion carried.
3. Presentation, possible action, and discussion on Ordinance 2011-3361, calling a Special
Election for November 8. 2011 for the purpose of amending the Citv Charter, if necessarv.
Terry Childers, 4400 Bellerive Court, vice chair of Charter Review Commission, the second
tenant of the reform movement in early part of 21" century is nonpartisanship elections. We
have nonpartisan elections; the Council is neither democrat or republican when detennining what
is best for community. The Legislature thrust upon us in an untimely manner as to when local
elections can be held, impacting when terins of council can be set. How long a person can serve
and when elections are held should be decided by the citizens of the community. It is important
to allow the citizens of the community to detennine if they want nonpartisan elections in May or
have elections in November, allowing those elections to become partisan. The Commission has
been working diligently on the charter and needs to continue that work. This issue is important
enough to be the only issue to go before the voters. This is a matter that needs to go to the voters
for consideration.
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Chuck Ellison, 2902 Camille Drive, reported that the Commission held its first meeting in May
and have met twice monthly since then. They have been working to have proposed charter
amendments to Council for a charter amendment election in May 2012. They have discussed
many issues in their review; then three short weeks ago, Secretary Mashburn presented Senate
Bill 100 and the impact of the MOVE act. This has derailed their work. Now they cannot hold a
charter amendment election in May 2012; the first opportunity is now November 2012, which is
a presidential election. No one on the Commission wanted two year terms in May because of the
possibility of a complete turnover. If we want to have this on the November 2011 ballot, the
ballot language must be to the County Clerk no later than August 12. As a Commission, they do
not want four year terms, but if not that, then citizens would not get the opportunity to vote on
May versus November elections. Citizens should have the right to that decision. It is the right of
the people to make this decision. He expressed the members' desire to remain on the
Commission so that they do not lose the work they have done to date, even if we cannot have a
charter amendment election until 2013. The Legislature has not given us much choice. This
does not give voters the option to vote on all choices, but this is about elections in May or
November. This election gives that opportunity. There are numerous substantive issues, and
they don't want those lost in the political chatter of a presidential election. It is not ideal to hold
a charter election at the same time as a presidential election.
John Anderson, 200 Fireside Circle, stated this is an issue with which honorable, reasonable
people can disagree. As to cost, as citizens and elected officials, we have an obligation to be
good stewards of the citizens' money. Multiple elections are costly. Elections in May do not
preclude partisanship. Since voter turnout is lower in May, it allows special interest groups to
garner their will. It also disenfranchises smaller groups and minorities. Then there is the issue
of informed voters. Whether in May or November, a voter has an obligation to become informed
prior to voting. We have an obligation to inform citizens before elections occur. Four year
terms can be onerous for a lot of people. There is also cost inefficiency it is less expensive and
more efficient to have elections in November.
Susan Laue, 4902 Firestone, said nothing is obvious to the uninformed. A big "ah ha" moment
occurred to her when she realized that using this charter amendment at this time is giving up
dealing with the charter in a comprehensive fashion in a timely manner. Texas is a Voters Rights
Act, Section 5 state. Any change has to be submitted to the Department of Justice to be sure we
are not discriminating against a protected class. Off-cycle elections or odd-number elections
depress voter turnout, and elections become more exclusive. Many things in this community
become very politicized. In this area of law, you are presumed guilty until you can disprove that
guilt. She would hate to see us do something that tees us up unless we can prove our off-cycle
elections have not been discriminatory.
Parviz, Vessali, 110 Pershing, said he has heard that November elections could be doomed to
partisanship. The people that vote in May will also vote in November, and that won't
disenfranchise others. He agrees that keeping elections in May empowers small groups to have a
say in city government, but in November we would have less of that problem. If a
councihnember has to resign it would incur additional cost for equipment. Also, staff time boils
down to money. If voters choose four year terms, the next charter amendment election would be
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pushed to 2015. He urged the Council to vote on a resolution to move to November, and we
could have a charter amendment election in November 2012.
Paul Greer, 9100 Waterford Drive, stated that the issue of costs is a serious consideration, but we
should realize that three year terms would have an election every year. Four year terms have an
election every other year.
MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember
Schultz, the City Council voted four (4) for and three (3) opposed, with Mayor Berry,
Councihnembers Fields and Ruesink voting against, to adopt Ordinance 2011-3361, ordering a
special election to be held on November 8, 2011 for the purpose of amending the City Charter to
provide for the regular election of the Mayor and City Council to be held in May of odd-
numbered years with the Mayor and City Council serving four (4) year term lengths for no more
than eight (8) consecutive years; establishing early voting locations and polling places for this
election; and making provisions for conducting the election. The motion carried.
4. Adiournment.
MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Shultz, the
City Council voted seven (7) for and none (0) opposed, to adjourn the Regular Meeting of the
City Council at 10:04 p.m. on Thursday, August 11, 2011.
Nancy Berry, Mayor
ATTEST:
Sherry Maurn, City Secretary
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