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Home My WebLink About03/27/2014 - Workshop Minutes City CouncilMINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION MARCH 27, 2014 STATE OF TEXAS COUNTY OF BRAZOS Present: Nancy Berry, Mayor Council: § § § Blanche Brick, arrived after roll call Steve Aldrich Karl Mooney John Nichols Julie Schultz, absent James Benham City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Berry at 4:34 p.m. on Thursday, March 27, 2014 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071 -Consultation with Attorney, and §551.074 -Personnel, the College Station City Council convened into Executive Session at 4:34 p.m. on Thursday, March 27, 2014 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: • College Station v. Star Insurance Co., Civil Action No. 4:11 -CV -02023. WKSHP032714Minutes Page 1 C • Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v. Laura Sue Streigler, City of College Station and James Steven Elkins, No. 11 -003172 - CV -272, in the 272ndDistrict Court of Brazos County, TX • Cause No. 13 -002978 -CV -361, Deluxe Burger Bar of College Station, Inc. D/B/A Cafe Eccell v. Asset Plus Realty Corporation, City of College Station, Texas and the Research Valley Partnership, Inc., In the 361' Judicial District Court, Brazos County, Texas B. Consultation with Attorney to seek legal advice; to wit: • Legal advice regarding proposed changes to Chapter 4, Section 1 of the Code of Ordinances • Legal advice regarding the City's Role in Creation of a Municipal Utility District • Legal advice regarding the Grimes County Landfill Property C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • Council Self -evaluations The Executive Session adjourned at 5:50 p.m. 3. Take action, if any, on Executive Session. No action was required from Executive Session. 4. Presentation, possible action, and discussion on items listed on the consent agenda. (2f): Troy Rother, Traffic Engineer, recapped the historical timeline related to street parking on Toni Court and Keefer Loop in the Buena Vida Subdivision. (2g): Alison Pond, Director of Human Resources, clarified the stop loss policy. Carla Robinson, City Attorney, noted that the attachments for 2h and 2i have been changed out, and the correct attachments have been placed at their place on the dais. 5. Presentation, possible action, and discussion relating to receiving the annual audit reports and Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2013. Jeff Kersten, Assistant City Manager, presented to Council the September 30, 2013 CAFR and Audit Report. Key highlights include a Net Position of $438,675,077 (an increase of $16,824,965 from last year). The Unrestricted Net Position is $77,812,508 and the Restricted Net Position is $18,332,838. Our Net Investment in Capital Assets is $342,529,731. The City's external auditor, Jimmy Ingram, with Ingram Wallis & Co., presented the Audit Report to the Audit Committee on March 25. The Audit Committee unanimously recommended that Council accept the reports and CAFR. WKSHP032714Minutes Page 2 MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Benham, the City Council voted six (6) for and none (0) opposed, to accept the CAFR and audit reports. The motion carried unanimously. 6. Presentation, possible action, and discussion on an ordinance amending Chapter 4, Section 1, "Business Regulations," "Solicitors, Charitable Solicitors, Itinerant Vendors, Handbill Distributors" by establishing a registry for Home Solicitation, and Section 18, formerly repealed "Solicitation by Coercion," of the Code of Ordinances, City of College Station, Texas, as set out below; providing a severability clause; declaring a penalty; and providing for an effective date. Billy Couch, Assistant Chief of Police, provided the history of complaints for unwanted/aggressive door-to-door solicitors the College Station Police Department received for 2011-2013. The year with the most calls was in 2013 with 354 complaints. "Home Solicitation" was defined as the business of soliciting, selling, or taking orders for goods or services or distributing commercial printed matter on residential premises. The objectives of the proposed amendments to Chapter 4-I include: 1. Prohibit during certain times to protect citizens' privacy and security of their homes; 2. Regulate locations to promote safety and minimize congestion; 3. Regulate solicitation manner to protect citizens from aggressive and intimidating Practices; and 4. Require home solicitors to register with the City and wear City -issued badge while Soliciting. Prohibitions include: 1. It is unlawful for a person 14 years of age or older to solicit at a residence, unless requested, without first registering with the city and obtaining an identification badge; 2. No residential solicitation before 9:00a.m. or 30 minutes after sunset Monday through Sunday, or at any time on a federally observed holiday; 3. No residential solicitation where "No Solicitation" signage is provided at or near the primary entrance; and 4. Solicitation only allowed at the primary entrance to a residence. Defenses to the prohibitions include: educational solicitations at the invitation of the property owner or occupant; political solicitations; newspaper sales at the owner/occupant request; charitable and religious purposes. Additionally, before taking any enforcement action under this section, a police officer or code compliance officer must ask the reason for the person being on the premises and consider whether a defense applies. A violator may be fined up to $500. Proposed amendments to the Certificate of Registration, as they relate to business or individual applicants, were also reviewed. A non-refundable registration fee will be charged in the amount of $50, and the Certificate of Registration expires in thirty days and is non- transferable. Information was also given regarding what would constitute a denial. WKSHP032714Minutes Page 3 c Elements of aggressive solicitation include: 1. Making any contact or touching a person during solicitation; 2. Approaching or following a person in an intimidating manner; 3. Continued solicitation after a negative response; 4. Blocking the safe or free passage of a person being solicited; or 5. Using obscene or abusive language toward the solicited person. Solicitation is prohibited if in an aggressive manner in a public area; in a bus or at a bus stop; or within 25 feet of certain areas where the public may be vulnerable. 7. Council Calendar • April 2 Council Compensation and Benefits Committee in City Hall Administrative Conference Room, 3:30 p.m. • April 3 P&Z Workshop/Regular Meeting, 5:00/7:00 p.m. (Liaison: Steve Aldrich) • April 7 Grand Opening of Rock Prairie Behavioral Health Facility at 3550 Normand Drive, 11:00 a.m. • April 10 Executive Session/Workshop/Regular Meeting at 4:30, 6:00 & 7:00 p.m. Council reviewed the calendar. 8. Presentation, possible action, and discussion on future agenda items: a Councilmember 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. Councilmember Benham wants a presentation or written report related to the fire department radios. 9. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Arts Council Sub -committee, Audit Committees Bicycle, Pedestrian, and Greenways Advisory Board, Bio -Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Convention & Visitors Bureau, Design Review Board, Economic Development Committee, Gigabit Broadband Initiative, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Twin City Endowment, Youth Advisory Council, Zoning Board of Adjustments. WKSHP032714Minutes Page 4 Councilmember Brick reported on the Transportation Committee. Councilmember Aldrich reiterated her comments on the Transportation Committee. Councilmember Nichols reported on the Council's Budget and Finance Committee. Mayor Berry reported on the Texas Tribune - 83rd Legislative Session with Senator Charles Schwertner, State Representatives John Raney and Kyle Kacal. 10. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 6:54 p.m. on Thursday, March 27, 2014. ATTEST: Sherry Mas 4.urn, City Secretary WKSHP032714Minutes Page 5