HomeMy WebLinkAbout08/25/2014 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
AUGUST 25, 2014
STATE OF TEXAS
COUNTY OF BRAZOS
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Steve Aldrich
Karl Mooney
John Nichols
Julie Schultz
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
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Berry at 7:00 p.m. on Monday, August 25, 2014 in the Council Chambers of the
City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
1. Pledge of Allegiance, Invocation, consider absence request.
Presentation of a Ilistorie Marker )1a( ue b the Historic Preservation Committee to Carla
Fisher for her residence at 1213 Windin! Rd. Colle!e Station,Texas.
Tina Evans, Historic Preservation Committee member, provided a brief overview of the Historic
Marker program. Mayor Berry presented Marker No. 88 to Carla Fisher for her residence
located at 1213 Winding Road.
Citizen Comments
Michelle Raisor, 506 Bolton, spoke to Council about the distinct character of different cities in
earlier years. Now all cities look the same with one box store after another. American towns are
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losing their character. She remembers what she loves about College Station . . . the character
and the flavor. It disturbs her that her neighborhood is now being filled with two-story houses
with four bedrooms, four baths. This is destroying the integrity of our neighborhoods. It is all
one box that look the same. She requested that Council provide guidelines to developers so they
may renovate, not destroy.
Ben Roper, 5449 Prairie Dawn Court, came before Council to honor the service and sacrifice of
Private First Class Anthony Miller.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
• August 14,2014 Workshop
• August 14, 2014 Regular Council Meeting
• August 18, 2014 Budget Workshop
• August 19,2014 Budget Workshop
• August 20, 2014 Budget Workshop
2b. Presentation, possible action, and discussion regarding approval of a 3-year agreement
in an amount not to exceed $64,450 with Selectron Technologies, Inc. to purchase the 1VR
solution for customer inquiry and for over the phone payment of Utility Bills.
2c. Presentation, possible action, and discussion on a Professional Services Contritel,
Contract No. 14-357 with Kimle -Horn and Associates Inc. in the amount of$273 850 for
the design, bidding, and construction phase services associated with the Rock Prairie Road
West Widening Project.
2d. Presentation, possible action, and discussion on Semi-Annual Report for Impact Fees
92-01 97-01 97-02B 99-01 and 03-02.
2e. Presentation, possible action, and discussion regarding approval of a $19,000 funding
increase to Miller Uniforms for the purchase of police uniforms for a new amount not to
exceed $67,000.
2f. Presentation )ossible action and discussion on the assi Tninent of the bank de)ositor
contract between the City, Citibank N.A. and Branch Banking and Trust (`"BB&T"), and
the A!reement to extend the de ositor contract between Ci and BB&T.
2g. Presentation ossible action and discussion regLarding purchase of equipment to
monitor and anal ze electrical usa,)re in water roduction and wastewater treatment with a
total cost of$91,670.
2h. Presentation s ossible action and discussion re!,ardin the second renewal of Service
Contract 12-302 for annual 'anitorial services for the North Yate District and the Chimne
II ill Center with Shelby Building Maintenance and Janitorial, Inc dba Professional Floor
Service & Janitorial in an amount not to exceed $59,627.
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2i. Presentation, possible action, and discussion of the second renewal of Service Contract
12-278 between the City of College Station and Shelby Building Maintenance & ,lantnrial,
Inc. d/b/a Professional Floor Service & Janitorial LLC in the amount of$145 444.00 for the
purpose of Annual Janitorial Maintenance Service of City buildings.
2j. Presentation, possible...action and discussion on a xrovin;x three contracts between the
City of College Station and N. Harris Computer Corporation: a"Cayenta Software License
A reement" .$191 040.00 for the software licenses a "C4y nta Software Implementation
Services Agreement", ($645,696.00), and a "Cayenta Support and Maintenance
Agreement", (1st Yr Maint. - $47,760,00) for the software licenses su ort and
implementation services, and software maintenance and...support services for Cayenta
Software Products; and approving Resolution 08-25-14-2.j, authorizing the City Mana Wea to
a rove contract documents and ex enditures related to the N. Harris Com, utter
Corporation contracts.
Item 2d was pulled from the agenda.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda, less item 2d. The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014-
3596, amendin the Comprehensive Plan - Future Land Use & Character Ma . from
Restricted Suburban to Suburban Commercial for the property located at 3751 Rock
Prairie Road West, generally located at the southwest corner of Rock Prairie Road West
and Holleman Drive South.
Jennifer Prochazka, Planning and Development Services, stated that this request is to amend the
Comprehensive Plan — Future Land Use and Character Map from Restricted Suburban to
Suburban Commercial.
The Planning and Zoning Commission considered this item at their August 7 meeting and voted
unanimously to recommend approval of the amendment to the Comprehensive Plan.
At approximately 7:27 p.m., Mayor Berry opened the Public Hearing.
Rabon Metcalf, engineer for the development, spoke in favor of the project,
There being no further comments, the Public Hearing was closed at 7:27 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014-
3596, amending the Comprehensive Plan - Future Land Use & Character Map from Restricted
Suburban to Suburban Commercial for the property located at 3751 Rock Prairie Road West,
generally located at the southwest corner of Rock Prairie Road West and Holleman Drive South.
The motion carried unanimously.
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2. Public Hearin. wresentation iossible action and discussion re ardin an ordinance
amendin' Cha I ter 7 "Health and Sanitation" of the Code of Ordinances of the Ci of
College Station Texas b amendinl section 9 "Tobacco roducts and snmol in'.". to
regulate electronic cigarettes as tobacco, restricting their public use as specified and
rohibitin? their sale to and a�ossession and use of b minors. rovidin! a scyerabilit
clause; declaring a penalty; and providing an effective date.
Chris Jarmon, Assistant to the City Manager, reported that Staff recommends that e-cigarettes be
regulated under Chapter 7-Health and Sanitation and specifically recommends three limitations
regarding the sale, possession, and use of e-cigarettes. If approved, this ordinance will become
effective within twenty days of passage.
At approximately 7:41 p.m., Mayor Berry opened the Public Hearing.
Chris Scotti, 305 Gleeson Court, representing the Northgate District Association, said they asked
for input from their members and took a vote today. The decision of the Board was to stay
neutral. Suggested change is to affect specific businesses whose bottom line may be affected.
Frank Hageal, 3815 Stoney Creek, owns a social lounge. He stated that the e-hookah is 99%
safer than the usual hookah and contains zero nicotine or other toxic materials. It is very safe.
This will affect his business, and he asked for an exemption.
Jordan Paultz, 110 College Main, stated that the e-hookah provides a valued service to tables.
The mist is 100% nicotine-free and is non-hazardous to their customers. It is a substitute to
smoking and is seen as a safer option and is less expensive. It also gives way to satiate cravings.
He asked for exemption.
Jonathan Payne, 1301 Harvey Road, Apt. 237, reported he was a smoker for six years at two
packs a day. He developed asthma and needed an inhaler. He started vaping last year and no
longer needs the inhaler. He named a number of vegetables that also contain nicotine, and noted
that some doctors recommend nicotine to promote growth of the brain. He also noted that over
consumption of nicotine can be lethal. The flavorings are derived from natural fruits, etc., and
they don't sell to minors.
Kristine Donatello, 6715 Windrift Way #16, with the American Cancer Society, expressed their
support of this ordinance. The FDA has announced they intend to put e-cigarettes in the same
category as cigarettes. The similarities have been confusing business owners and cities across
Texas. They are not asking for a ban on e-cigarettes, but that it be included in the ban wherever
cigarettes are banned. She noted that the number of youths using e-cigarettes has tripled, and the
middle and high school students that have never smoked are twice as likely to use cigarettes later
if they use e-cigarettes.
There being no further comments, the Public Hearing was closed at 7:55 p.m.
A motion was made by Councilmember Brick and seconded by Councilmember Nichols to adopt
an ordinance amending Chapter 7, "Health and Sanitation", of the Code of Ordinances of the
City of College Station, Texas, by amending section 9, "Tobacco products and smoking"; to
regulate electronic cigarettes as tobacco, restricting their public use as specified and prohibiting
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their sale to and possession and use of by minors; providing a severability clause; declaring a
penalty; and providing an effective date, amended to strike the definition and insert the definition
proposed by the American Cancer Association, noted below:
"Electronic Smoking Device"- means any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person to simulate smoking
through inhalation of vapor or aerosol from the product. The term includes any such device,
whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah,
or vape pen, or under any other product name or descriptor.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Mooney, the City Council voted two (2) for and five (5) opposed, with Mayor Berry and
Councilmembers Brick, Aldrich, Nichols, and Schultz voting against, to amend the main motion
by removing #C and all related sections. The motion failed.
MOTION: Upon a motion made by Councilmember Aldrich and a second by Mayor Berry, the
City Council voted seven(7) for and none (0) opposed, to postpone this item to the September 11
Council meeting. The motion carried unanimously.
3. Presentation ossible action and discussion re!ardin! an economic d+ velo incnt
a s reement between the City of College Station and StataCorp, LP.
Randall Heye, City Manager's Office, r eported that StataCorp has expressed an interest in
expanding its headquarters and employee amenities currently located at 4905 Lakeway Drive
onto the adjacent 210 Technology Way for a larger corporate campus. In order to do so, staff is
recommending to City Council the abandonment of a portion of Technology Way, expedited
permitting and waiver of the right-of-way abandonment application fee, and the dedication of
approximately 30 acres of greenways to parkland. StataCorp would be responsible for the
construction of a new commercial office building valued at $3,000,000, and an addition of
fifteen new professional positions or an annual payroll increase of$1,000,000 within the terms of
the agreement. Staff recommends approval of the Economic Development Agreement with
StataCorp.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Schultz, the City Council voted six (6) for and none (0) opposed, with Councilmember Brick
recusing herself, to approve the Economic Development Agreement with StataCorp. The motion
carried.
4. Presentation, possible action, and discussion regarding an a r .ointment to the
BVSWMA, Inc., Board of Directors.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Benham, the City Council voted seven (7) for and none (0) opposed, to appoint Karl Mooney to
the BVSWMA, Inc. Board of Directors for a one-year term and Rick Floyd to the BVSWMA,
Inc. Board of Directors for a three-year term. The motion carried unanimously.
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5. Ail"our°nment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 8:31 p.m. on Monday, August 25, 2014.
Nancy Be. Mayor
ATTEST:
5/
Sherry Mas '.urn, City Secretary
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AFFIDAVIT OF CONFLICT OF INTEREST
STATE OF TEXAS
COUNTY OF BRAZOS
I, kECw as a member of the City of Cv//L(s?('
....._2/...‘ I / Cp make this affidavit and hereby, on oath, state the
following: I, and/or a person or persons related to me, have a substantial interest in a
bu iness entity that would be peculiarly affected by a vote or decision of the City
ci I as those terms are defined in Chapter 171, Texas Local
Government Code.
The business entity is: lviadi Coy
11 /ã,v. Lc ,.)-ck) (have/has) a substantial interest in this business
entity for the following reasons: (Check all that are applicable.)
n I own 10% or more of the voting stock or shares of the business entity;
❑ I own either 10% or more or$5,000 or more of the fair market value of the
business entity;
n Funds received by me from the business entity exceed 10% of my gross
income for the previous year;
❑ Real property is involved and (I/we) have an equitable or legal ownership with
a fair market value of$2,500 or more;
14 A relative of mine has a substantial interest in the business entity or property
that would be affected by a decision of the public body of which I am a
member.
Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from
voting on any decision involving this business entity and from any further participation
on this matter whatsoever.
Signed this day of , 20( .
-�
/,
/. Irt , . �_
Signature of Official
i
Title
BEFORE ME, the undersigned authority, on this day personally appeared
3 ,44,,,kBrie/t , who after being by me duly sworn and on his oath
deposed and says that he/she has ready the above and foregoing and that every statement
contained therein is with his/her personal knowledge and is true and correct.
O1!s,Y Pvp&. SHERRY MASHBURN
2( 4,_`hl Notary Public,State of Texas )')/k_.=.-t--tLt,A.1„--
*` "N " (StAm
9omission Expires Notary Pu•4, State of Texas
�'+ F ,- JULY 26,2015