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HomeMy WebLinkAbout06/26/2008 - Regular Minutes City CouncilMayor Ben White City Manager Glenn Brown '4 CITY OF COLLEGE STATION Councilmembers John Crompton James Massey Dennis Maloney Lynn McIlhaney Lawrence Stewart David Ruesink Minutes City Council Regular Meeting Thursday, June 26, 2008 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor White, Council members Crompton, Maloney, Mcllhaney, Stewart, and Ruesink STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation Hear visitors. Mayor White called the meeting to order at 7:00 p.m. Mayor White led the audience in the Pledge of Allegiance. David Gwin provided the invocation. Council approved the absence request by Council member Massey. Hear Visitors Linda Chateau 3903 Oak Lawn, Bryan spoke on concerns with the�perations of the Arts Council agency. � Jerry Cooper 602 Bell Street, CS, commended the Council on their initiative to address neighborhood integrity issues as discussed during the workshop meeting. 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 the City Council Workshop and Regular Meeting, June 12, 2008. b. Approved contract with Elert and Associates for consulting services to assist in the engineering, analysis and design of the ATM Network Upgrade project in an amount not to exceed $57,433.00. c. Approved Resolution No. 6- 26 -08 -2c declaring intention to reimburse certain expenditures with proceeds from debt for the Municipal Court Building Renovations project. City Council Regular Minutes Thursday, June 26, 2008 Page 2 d. Approved change order to Contract #07 -209 with Zachry Associates, Inc. for increased travel expenses related to the production of a promotional DVD for the Aggie Field of Honor development project. e. Approved Ordinance No. 3077 regarding the third and final reading of an ordinance amending the current gas franchise with Atmos Energy Corporation to increase the franchise fee from four percent (4 %) to five percent (5 %). f. Approved Resolution No. 6- 26 -08 -2f of the City Council of College Station, Texas, indicating support for the Mayor's Council on Physical Fitness. g. Approved purchase order to DXI Industries for the purchase of liquid chlorine for use in our public water supply. The amount of the purchase order is $61,536.00. h. Approved Resolution No. 6 -26- 2008 -2h granting a yearly renewal of five year agreement for the lease of slant -top, front -end loading refuse containers. This is the second renewal of this agreement. i. Approval of an annual price agreement with Crafco Texas Inc. to provide crack sealant material and de -tack sealant material for the maintenance of streets in an amount not to exceed $98,648.75. A motion was made by Council member Maloney to approve Consent Agenda items 2a thru 2i and seconded by Council member Stewart which carried 6 -0. FOR: Mayor White, Crompton, Maloney, McIlhaney, Stewart and Ruesink AGAINST: None ABSENT: Massey Regular Agenda Item No. 1 -- Public hearing, presentation, possible action and discussion concerning approval to advertise the College Park/Breezy Heights Rehabilitation Project for construction bids. Chuck Gilman, Director of Capital Improvements Department presented the item which provides for the construction and rehabilitation of water, waste water, drainage and street surface infrastructure in the Southside area of College Station. The project area is bounded by George Bush Drive, West Dexter, Hereford St., Holleman Dr., Fairview Ave., Eleanor St., and Montclair Avenue. Staff recommended approval of the construction designs and requested Council authorization to proceed with advertisement of bids. Mayor White opened the public hearing. Michael Luther, 614 Welsh Ave., CS, commended Council and Staff on realizing the importance of this project to this neighborhood. Jerry Cooper, 602 Bell, CS, commended Council and Staff for a job well done. Mayor White closed the public hearing. City Council Regular Minutes Page 3 Thursday, June 26, 2008 A motion was made by Council member Ruesink to approve the construction designs and to move forward with advertising for construction bids. Seconded by Council member Stewart which carried 6 -0. FOR: Mayor White, Crompton, Maloney, McIlhaney, Stewart and Ruesink AGAINST: None ABSENT: Massey Regular Agenda Item No. 2 -- Public hearing, presentation, possible action and discussion concerning approval to advertise the Eagle Avenue Extension Proiect for construction bids. Chuck Gilman, Director of Capital Improvements Department explained the item and recommended approval of the design. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. Council expressed concern about the lack of bike lanes near the proposed school site and the lack of landscaping along the roadway. City Engineer Alan Gibbs explained that the bike lanes could be incorporated into the design. He would do further research regarding the landscaping along the roadway. City Manager Brown noted that the staff will return to the City Council on a future agenda to discuss landscaping options, to include funding. A motion was made by Council member Maloney to approve the designs with bike lane and to approve moving forward with advertising for construction bids. Seconded by Council member Stewart which carried 6 -0. FOR: Mayor White, Crompton, Maloney, McIlhaney, Stewart and Ruesink AGAINST: None ABSENT: Massey Regular Agenda Item No. 3-- Public hearing, presentation, possible action, and discussion approving ordinances vacating and abandoning a 0.142 acre and a 0.155 acre of public utility easement, which is located on Lot 2C of Horse Haven Estates Subdivision according to the plat recorded in Volume 8496, Page 146 of the Deed Records of Brazos County, Texas. Introduced by Mark Smith, Director of Public Works. Alan Gibbs, City Engineer presented a brief presentation to describe the request for an easement abandonment to accommodate the development of this subject tract as Horse Haven Phase 4 Subdivision. Also, a public electric line was relocated out of the subject easement. Staff recommended approval of the two ordinances for easement abandonment. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. A motion was made by Council member McIlhaney to approve Ordinance No. 3081 abandoning a .0142 acre of public utility easement, which is located on Lot 2C of Horse Haven Estates Subdivision and seconded by Council member Ruesink which carried 6 -0. City Council Regular Minutes Page 4 Thursday, June 26, 2008 FOR: Mayor White, Crompton, Maloney, McIlhaney, Stewart and Ruesink AGAINST: None ABSENT: Massey A motion was made by Council member Stewart to approve Ordinance No. 3082 abandoning a .155 acre of public utility easement, which is located on Lot 2C of Horse Haven Estates Subdivision and seconded by Council member Ruesink which carried 6 -0. FOR: Mayor White, Crompton, Maloney, McIlhaney, Stewart and Ruesink AGAINST: None ABSENT: Massey Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion on consideration of an ordinance amending Chapter 10, "Traffic Code," to restrict parking on selected streets in the Sun Meadows subdivision per a request from the Sun Meadows Home Owners Association. Introduced by Mark Smith, Director of Public Works. Troy Rother, Assistant City Engineer, presented an ordinance to Council for the purpose of restricting parking on selected streets in the Sun Meadows subdivision: South side of Bougainvillea Street, south side of Gardenia Street and the north side of Orchid Street. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. A motion was made by Council member Crompton to approve Ordinance No. 3083 to remove parking in Sun Meadows on the south side of Bougainvillea Street, the south side of Gardenia Street and the north side of Orchid Street. Seconded by Council member Stewart which carried 6 -0. FOR. Mayor White, Crompton, Maloney, McIlhaney, Stewart and Ruesink AGAINST: None ABSENT: Massey Regular Agenda Item No. 5 -- Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance Section 7.9.B.6 (Traffic Impact Analysis), Section 7.9.H (Submittal Requirements) and adding Section 7.12 (Traffic Impact Analysis). This item was removed by staff and shall be placed on a future workshop agenda. Regular Agenda Item No. 6 -- Presentation, possible action and discussion regarding the approval of an amendment to the contract for consulting services (Contract #08 -041) with Kendig Keast Collaborative for the preparation of Phase II of a new Comprehensive Plan. Bob Cowell, AICP, Director of Planning & Development Services presented Council a contract amendment for consulting services by Kendig Keast Collaborative for Phase II of the Comprehensive Plan. Staff requested the approval of an amendment to the contract with KKC to remove the economic City Council Regular Minutes Page 5 Thursday, June 26, 2008 development responsibilities from the original contract as a result of failure to provide the required services. A motion was made by Council member Maloney to approve the amendment to the contract for consulting services with Kendig Keast Collaborative and seconded Council member Stewart which carried 6 -0. FOR: Mayor White, Crompton, Maloney, McIlhaney, Stewart and Ruesink AGAINST: None ABSENT: Massey Regular Agenda Item No. 7 -- Presentation, possible action, and discussion regarding an exception to Policy to allow the Grey Wolf Trail development to connect to the City sewer system. This item was removed by staff due to development agreement with applicant. Regular Agenda Item No. 8 -- Presentation, possible action, and discussion regarding approval of a resolution adopting an interlocal agreement with the City of Bryan, City of Brenham, Brazos County, Washington County, Texas A &M University, and Brazos Valley Council of Governments; designating the Brazos Valley Council of Governments as the Managing Entity for the Brazos Valley Wide Area Communications System (BVWACS). Ben Roper, IT Director, presented a summary of Agenda items 8 and 9. He presented two resolutions for council consideration whereby adopting the interlocal agreement designating the BVCOG as the managing entity for the BVWACS; and adopting an interlocal agreement with the City of Bryan, City of Brenham, Brazos County, Washington County, and Texas A &M University to provide the construction, acquisition, implementation, operation, and maintenance of the BVWACS. A motion was made by Council member McIlhaney to approve two resolutions. Resolution No. 6 -26- 08-08 and 6- 26 -08 -09 adopting two interlocal agreements for the Brazos Valley Wide Area Communications System. Seconded by Council member Stewart which carried 6 -0. FOR: Mayor White, Crompton, Maloney, McIlhaney, Stewart and Ruesink AGAINST: None ABSENT: Massey Regular Agenda Item No. 9 -- Presentation, possible action, and discussion regarding approval of a resolution adopting an interlocal agreement with the City of Bryan, City of Brenham, Brazos County, Washington County, and Texas A &M University to provide for the construction, acquisition, implementation, operation, and maintenance of the Brazos Valley Wide Area Communications System (BVWACS). Motion to adopt this resolution was completed during the discussion and consideration of Agenda Item No. 8. At 8:05 p.m. Council returned to the Workshop Agenda to complete the items of business. City Council Regular Minutes Thursday, June 26, 2008 Page 6 Workshop Agenda Item No. 9 -- Presentation, possible action, and discussion regarding a discussion of the City Council's expectations for the Council retreat scheduled for June 30 and July 1. Glenn Brown, City Manager presented a brief update and itinerary on the City Council's annual summer retreat on June 30th and July 1 St in Sugar Land, Texas. He stated Mr. Ron Holifield was hired to be the retreat facilitator. Workshop Agenda Item No. 10 -- Council Calendar Council reviewed the upcoming events and activities. Workshop Agenda Item No. 11 -- 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. Council member Crompton inquired about a future item regarding non - residential design standards. Council member Ruesink requested staff review the policy on mowing and safety of wild flowers. Council member Maloney stated concern about the sign and banner ordinance. He reported that Blue Baker restaurant on University Drive was cited for placing flags within the complex water fountain because of non conformance with city sign regulations. Workshop Agenda Item No. 12 -- 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 Adjustments (Notice of Agendas posted on City Hall bulletin board). No discussion was held. Workshop Agenda Item No. 13 -- Executive Session will immediately follows the workshop meeting in the Administrative Conference Room. At 8:25 pm, Mayor White announced that the City Council would reconvene into executive session pursuant to Sections 551.071, 551.072, 551.074 and 551.087 of the Open Meetings Act to seek the advice of our attorney, to consider competitive matters, to consider personnel, and discuss economic development negotiations. City Council Regular Minutes Page 7 Thursday, June 26, 2008 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). k. 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 for College Station and Bryan electric lines, and update on legal proceedings for Grimes County Landfill site and on contract for site acquisitions. Real Estate JGov't Code Section 551.0721; 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. Land exchange involving property adjacent to Carter Creek near State Highway 6 in the vicinity of the Varsity Ford Dealership. b. Possible purchase of land for roadway near Eisenhower Street. c. Possible purchase of land for the extension of Corsair Drive from Corsair Circle to Emerald Parkway. d. Wolf Pen Creek - Targeted Mixed Used Project. e. Land Acquisition regarding Southwest Portion of Northgate. 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 City Council Regular Minutes Thursday, June 26, 2008 Page 8 Economic Incentive Negotiations f 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. 14 -- 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 9:00 pm. No action was taken. Workshop Agenda Item No. 15 -- Adiourn. Hearing no objections, Mayor White announced that the meetings were adjourned. PASSED AND APPROVED this 10` day of Jam, 2008. APPROVED Mayor Ben White 1� s_ City Secretary Connie Hooks