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HomeMy WebLinkAbout08/25/2008 - Joint Minutes City CouncilMINUTES SPECIAL JOINT COUNCIL MEETING COLLEGE STATION CITY COUNCIL AND BRYAN CITY COUNCIL 3:00 pm Monday, August 25, 2008 Brazos Valley Council of Governments Board Room 29 street Bryan, Texas Present: Mayor Ben White, Mayor Pro Tern Lynn McIlhaney, Council members Dennis Maloney, Larry Stewart, Dave Ruesink, James Massey College Station Mayor Ben White called the meeting to order at 3:10 pm with all members present except Council member Crompton. Bryan Mayor Mark Conlee called the meeting to order at 3:10 pm will all members present. Council members from College Station and Bryan expressed comments about the mediation process and each entity's commitment to resolve the settlement agreement. Bryan Council member Jason Bienski made a motion to approve the settlement agreement on landfill litigation between City of Bryan and City of College Station pending College Station approval. Motion seconded by Bryan Council member Paul Madison. Motion carried unanimously, 7 -0. College Station Mayor Pro Tern Lynn McIlhaney made a motion to approve the negotiated settlement agreement on landfill litigation between City of Bryan and City of College Station. College Station Council member James Massey seconded the motion. Motion carried unanimously, 6 -0. Council member Crompton absent. Bryan and College Station members expressed a desire to open the lines of communication suggesting that a committee consisting of Bryan and College Station council members meet on a regular basis. Both Councils expressed their gratitude to Judge John Delaney for contributing his time as mediator. Mayor Ben White and Mayor Mark Conlee adjourned the meeting at 3:25 pm PASSED AND APPROVED this 25 day of September 2008. AT ST: City Secretary Connie Hooks APPROVED: Mayor Ben White O: group / council /minutes /08 /September /council special joint meeting 8252008 NO. 08-001626 CITY OF BRYAN, TEXAS § IN THE DISTRICT COURT OF V. § BRAZOS COUNTY, TEXAS CITY OF COLLEGE STATION, TEXAS § 272ND JUDICIAL DISTRICT MEDIATED SETTLEMENT AGREEMENT The undersigned parties, having been referred to mediation by the presiding judge in the above captioned case, met and participated in mediation in good faith on August 21 and 22, 2008 through selected members of their respective councils, city managers, senior staff, and attorneys. Both parties have entered in to the agreements below in order to promote cooperation and collaboration between them, for the greater good of the citizens of Bryan and College Station. The agreements are not intended as a permanent and complete resolution of the issues they address, but as a means of relieving immediate needs and laying the foundation for additional cooperation in the future. Both parties are committed to a future of creative cooperation, recognizing that their respective citizen neighbors deserve no less. Agreements Parties. The parties to this agreement are the CITY OF BRYAN, TEXAS (`Bryan"), and the CTTY OF COLLEGE STATION, TEXAS ( "College Station ") (collectively "the cities "). The signatories below may comprise only a portion of the elected officials of Bryan and College Station, who have met in mediation negotiations, and the respective cities above will not be bound by this agreement MEDIATED SETTLEMENT AGREEMENT Page 1 of CO until such time as their respective city councils have met and taken appropriate action to ratify this agreement. 2. Subject. This agreement relates to a currently existing interlocal agreement between the cities for the construction, operation, and ownership of landfills for the disposition of municipal waste, and seeks to clarify the operational relations between the cities, as well as rights and obligations for contemplated future construction of Twin Oaks Landfill. 3. Addendum to current "bid package" for Twin Oaks Landfill. The attached Exhibit A shall be made an addendum to the construction contract included in the current "bid package" for Twin Oaks Landfill. The parties agree that, with the inclusion of Exhibit A, the bid package constitutes the offer of the cities. 4. Administration of the contract for construction of Twin Oaks Landfill a.. All matters that require the College Station City Council's approval will also require the Bryan city Council's approval. College Station will give written notice of any such matter to Bryan's City Manager and Public Works Director as soon as reasonably possible after the need for council approval becomes known, and as often as necessary thereafter to provide reasonably necessary communications to facilitate prompt action by both councils. The council will consider the usefulness of joint meetings of the councils to accomplish prompt action. The Bryan City Council shall reject or approve a matter requiring its approval under this paragraph within fifteen (15) days after written notice by College Station. b. All information relating to the development of a change order to the construction contract shall be promptly shared between the cities. The information will be communicated in writing to Bryan's City Manager and Public Works Director, directly from the originating source (either College Station or any project management consulting firm engaged by the cities). MEDIATED SETTLEMENT AGREEMENT Page 2 of 6 c. Any change order requiring an expenditure of $25,000 or more must be approved by both cities. d. Any change order requiring an expenditure of less than $25,000 must be approved by the project management consulting firm and College Station. 5. Contract for employment of project management consultant. No contract for the employment of a project management consultant for the Twin Oaks Landfill shall be executed by either city without the joinder of the other city as a contracting party. The administration of such contract shall be the responsibility of the BSWMA Executive Director of Brazos Valley Solid Waste Management Agency (`BVSWMA "). 6. Texas Commission on Environmental Quality ( "TCEQ ") permit a. No application for an amendment of the TCEQ permit for the currently existing landfill or the Twin Oaks Landfill or any future landfill shall be made without approval of same by the City Council of Bryan. b. As soon as practicably possible after College Station or BVSWMA should decide to consider applying for a modification of the TCEQ permit, the Executive Director of BVSWMA shall give written notice of such decision to the Public Works Director of Bryan. The Executive Director of BVSWMA shall promptly provide the Public Works Director of Bryan a copy of any consultant's report relating to such application. C. Upon request of the Public Works Director of Bryan, the Policy Advisory Board of BVSWMA shall meet to consider and make recommendations to the city councils of both cities about the proposed application for amendment. MEDIATED SETTLEMENT AGREEMENT Page 3 of 5 7. No expenditures exceeding $50,000 without approval Neither BVSWMA or College Station on behalf of BVSWMA will expend or commit to expend funds in excess of $50,000 without approval by both city councils. 8. Temporary Injunction passed Within 24 hours after approval of this Mediated Settlement Agreement by both city councils, Bryan will request the presiding judge to pass the Temporary Injunction hearing currently set for August 27, 2008. 9. Mediation of future disputes The cities will mediate, insofar as time constraints permit, any dispute arising between them in the future, whether related to landfill matters or not, before resorting to litigation. 10. Binding arbitration. The parties will submit all disputes arising from this agreement which can not be resolved through negotiation or mediation between the parties, including omitted terms, interpretations, and performance issues, to binding arbitration. Unless otherwise agreed the arbitrator shall be John Delaney of Brazos County, Texas. 11. This agreement is performable in Brazos County, Texas, and shall be construed in accordance with the laws of the State of Texas. 12. Each party to this agreement has entered into it freely and without duress after having consulted with professionals of his or her choice. Each party has been advised by the Mediator that the Mediator is not the attorney for any party, and that each party should have this agreement approved by that party's attorney prior to executing same. Each party hereby releases the Mediator from any possible legal claims. 13. The provisions of this agreement shall be effective immediately as a contract, and shall supersede any other agreements of the parties with respect to the subject matter hereof, but only to the extent of any conflict.. MEDIATED SETTLEMENT AGREEMENT Page 4 of 6 14. This agreement is signed voluntarily and with the advice and consent of counsel on the date set out below.. 15. Negotiation of additional disputes relating to landfill operations The cities shall continue to negotiate to resolve other issues between them. If they have not resolved such issues by November 1, 2008, they shall submit to mediation with John Delaney of Brazos County as mediator. Mediation shall be held on a date agreeable to the parties within sixty (60) days after November 1, 2008. If an agreement as to the date can not be reached within a reasonable time in the judgment of the mediator he will set the date and inform the parties of same. GIt�7 FEW 14 X II" BR A . PRES T rT Y �I o " Date At omey for City of Bryan Date - ri Date �la 0 R Date Date COLLEGE STAT N REPRESENTATIVES �. zz_ Date Attorney o City of Owstation Date MEDIATED SETTLEMENT AGREEMENT Page 5 of 6 da - 08 Date c k.-t"4 Date Date MEDIATED SETTLEMENT AGREEMENT Page 6 of 6 Addendum The following is an addendum that modifies certain terms and conditions in the Request For Bids, Twin Oaks Landfill Construction, Bid Number 08 -70 as follows: 1. Both Bryan and College Station will be parties to the contract, and the award of the bid will be approved by the city councils of both cities. 2. Notwithstanding the definition of "City" used elsewhere in the contract, any real or personal property acquired as a result of this contract shall be owned by the cities as tenants in common and the contract shall inure to the benefit of both the cities of Bryan and College Station. 3. During the administration of the contract all matters that require the approval of College Station's city council will also require the approval of the Bryan city council. 4. Bryan will be named in the same capacity as College Station on any bonds required by this contract and will be provided with the same indemnities, warranties, releases, hold harmless clauses, and insurance. 5. Any termination for cause, termination for convenience, or other invocation of remedies will be declared or pursued jointly by College Station and Bryan. 6. Any change order requiring an expenditure of $25,000 or more must be approved by the city councils of both cities. 7. Any change order requiring an expenditure of less than $25,000 must be approved by the project management consulting firm and the BVSMWA executive director.