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HomeMy WebLinkAboutMinutes p.m. Minute~ ~ meeting of July 18, Brochu areas have After MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter , Councilmen Bon.d, Boughton, Brown, McIlhaney, Runnels COUNCIL MEMBERS ABSENT: Councilman Tongco STAFF PRESENT: Assistant City Manager VanDever, City Attorney Locke, City Secretary Jones, Deputy Finance Director Schroeder, Di- rector of Planning Mayo, Assistant Di- rector of Planning Callaway, Zoning Of- ficial Kee, Director of Public Services Miller, City Engineer Pullen, Parks Di- rector Beachy, Ut.ilitiesOffice Manager Piwonka,Energy Specialist Shear, Pur- chasing.Agent McCartney, Personnel Di- rector Dickson, Administrative Assis- t.ant. Magoon, Council Coordinator Jones STUDENT GOVT. LIAISON: Mike Hachtman VISITORS PRESENT: See guest register. A<;lenda Item. No.1-Signing of a proclamation designating the week of September 17 - . September 23, .1985as"Constit.ut.ion.Week" inCol1egeSt.at.ion, Texas. Mayor Halter signed a proclamation designating the week of Sep- tember 17 - September 23, 1985 as "Constitution Week" in College Station, Texas. Mrs. Nancy Tiner and Mrs. Eli Whitley were pres- enttoacceptthe proclamation on behalf of the Daughters of the American Republic organization. Agenda Item No.2 ~- Signing of a proclamation designating the week ..of . September .23-.. Sept.ember 29,1985 as "Brazos Art.s Week II in COllegeSt.at.ion, Tqexas. Mayor Halter signed a proclamation designating the week of Sep- tember 23 - September 29, 1985 as "Brazos Arts Week" in College Station, Texas. Mr. Harry Ransom arid Mrs. Gail Fitch were pres- ent to accept. the proc'lamation on behalf of the Arts Council of t.he Brazos Valley. 005190 REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 2 Agenda Item No. .3 ~. Approval of the minutes of the Workshop City Council-Meet.in.g,.August7, 1985 and the Regular City Council Meet.ing,August8,1985. CouncilmanBoughtonst.at.ed that on. the minutes of the Regular City Council Meeting, Au:gust. 8, 1985, page 4,t.he word lIt.ract.sll s.hould be corrected to r;ead n tracks. II Counpilman Boughton moved approval of the minutes of the Workshop Cit.yCouncilMeeting, August 7, 1985 and the Regular City Council Meeting, August 8, 1985 ascorrect.ed. Councilman Brown seconded t.he motion which was approved unani- mo:usly, 6-0. Ag~ndi=tItem No.4 -A public hearing on the question of rezoninQ Lot2:R,CourtyardApartments subdivisi()nlocat.edon.S.H. 30. ap~ proxirnately224,feet west of the intersection of Stallings DrIve an~S).H. 30, ..from.A.-P .Administ.rative-Professionalt.o C-N. Neigh- borhoOd-Business. Applicant is 'I'exana.Joint.Venture. (85-116) A.s~i$tant Director of Planning Callaway presented the item. He st?-~j~that the rezoning request concerns Lot 2R Courtyard Apart- ItleN~~;,subdivision from A-P Administrative-Professional to C-N ~~~gl'i~Arhood-commercial. He listed the existing land uses in the cr9nfi.l~nd noted that on the city's Land Use plan this area is re- :f:IJ~'f~~Cl as high density residenti,al.. He stated that this request 'f~~~Cl.inot create a substant.ial change in zoni,ng intensity. He if1:l~t,~~r noted that the requested zoning is compatible with adja- qTl'l)t.'I,~Qning districts and land uses; in addit.ion, it is intended tl9iP~:placed in and adjacent to residential and mUlti-family res- ~~tnt.tal areas. He stated that the Planning and Zoning Commis- si,~Ili'y'O,ted (6-0) on 08/01/85 to recommend approval of this rezon- ~Il~,,',B,y(I,uestwith the. stipulation .. that the acc.ess easement as ~t'~~~!~~lontheeasternside of this lot is not included in the ~e;~.<p~'~ng, and will remain zoned l}~P. He stated that the appli- qa~i~"!~i<;lreed t.othe stipulationa~Ij'ecommended by the Planning and ~Q~*'P'~ pommission. He noted tha~ the. ordinance included in the ~a~~n~feflects the.. deletion of ~h~ easement_ from the rezoning alc#'~~A'i=ts directed by the Plannill;9jand Zoning Commission. He ex- PjI'~~,~~F,the staff's sUr:>port oft1l.eirezoning request as recom- mle1id~ti by the Planning and Zoning qommission. Mayor Halter opened the public hearing. Noone spoke. The public hearing was closed. 005191 REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 3 Agenda Item No.5- Consideration of an ordinance rezoning the above. lot. Councilman Boughton moved approval of Ordinance No. 1606 rezoning the above lot. including the stipulation recommended by the Plan- ning and Zoning Commission. Councilman Runnels seconded the motion which was approved unani- mously,6-0. Agenda Item No. . 6 . - Ronald Kaiser, Chairman of < the Plannins and ZoningCornmission,to present recommendation concerning a morato- rium onrezoningsinthevicinityof.WellbornRoad. Mr. Ronald Kaiser, Chairman of the Planning and Zoning Commis- sion, presented the item. He gave a brief summary of the events that have been occurring in the Wellborn Road corridor and point- ed out that these events have contributed to several rezoning re- quests in the area, in addition to some significant. land specula- tion. He informed the Council that he appointed.. a sub-committee of the Planning and Zoning Commission to examine the Wellborn Road corridor. He listed the names Of the Planning and Zoning Commissioners appointed to serve on the committee as follows: DanMacGilvray,Chairman; George Dresser; and, David Brochu. He provided a description of the area to be studied and listed the matters the study will encompass as follows: (1) Consideration of existing land us.es in the area; ( 2) Consideration of therec- ommendat.ionsof the Comprehensive Plan - Plan 2000 and the devel- opment policies in the Plan for the area; (3) Consideration of neighborhood conditions in the area; . and, (4) Consideration of transportation issues, physical resources, changes in the area, in addition to other items that aredeterrnined to be appropri- ate. He stated that in conjunction with t.he study and in order to maintain t.he stat.usquo in the area, during t.hestudy, the Planning and Zoning Commission approved a motion recommending that the City Council. declare a temporary suspension on rezoning requests in the Wellborn Road corridor, as described, for a peri- od not to exceed ninety days or until approval of the study plan, but at not;.irne will the temporary suspension exqeed a ninety day period. He noted that there were two dissenting votes cast for this mot.ion based on concerns about establishing a moratorium during depressed economic times in College Station. He requested that the Council adopt the Planning and Zoning Commission recom- mendations. Mayor Halter asked for conunentsfromthepublic. (1 'l h 1 Q 2" ,,,) t} "_> .I..:... REGULAR CITY COUNCTL MEETING THURSDAY, AUGUST. 22, 1985 PAGE 4 Mr. Kenneth Broach, 3535 Plainsman, Bryan, Texas/stated that .he is the owner of a tract of land located at the sout.heast corner of Wellborn Road and Holleman Drive currently zoned Neighborhood- CommercialC-N. He noted that approved uses for a 2500 square foot convenience store, a 2500 square foot fast food restaurant, a car wash/ a mUlt.i-pumpgasoline facility and a <9000 square foot retail shopping center have been obtained for this propert.y. He stated t.hat a request. to have this tract rezoned to Commercial C-l has been submitted. He expressed his opposition to 'a morato- rium. onrezonirlg requests in<thisarea. He commented on the Council's recent. act.ion which grantedCorrunercialC-lzoningon the t.ract of land across, the st.reet from his propert.y and ex- pressed his opinion that the placing of a moratorium on this area at this time would be very unfair. He explained t.hatthe deci- sio.n rto rezone his competitor's property to Commercial placed him at a: competitive disadvantage. because of the greatersignage ca- pabilitiesthat are <afforded Commercial C-l as opposed to Neigh- borhood-Comrnercial C-N. He commented that land speculation could resi11tin an increas.e in the city's tax oase and spur development for the sagging economy. He furtherst.ated that placing a mora- toriumon the Wellborn Road corridor will place an immediate un- due 'financial burden on his business. Mayor Halter request.ed an explanation from Mr. Broach concerning therdifferences bet.ween the t.he C-ICommerciaIDistrict.and the C-NiNeighborhood-Commercial District. Mr. Broachstat.edthat the majck difference is the signage capabilities allowed in each dis- triqt. He noted t.hatwith C-NNeighborhood-Cornmercial zoning freestanding signs are prohibited. Mayor Halter stated that if the moratorium is granted by the City Council. Mr. Broach could begindev~lopment of his project and no- ted ,thatthesignage oft.he propert.ywould probably be the last step. Mr. Broach st.atedthat he would not proceed wit.h the proj- ect until a commit.mentto rezone this tract to Commercial C-l al- lowing the use of a freestanding sign is received from the city. Councilman Boughton asked if there would be any problems with the appr,oved site-plan for this project if at a later date t.he Coun- cil.approved C-l Commercial zoning ont.hist.ract. Mr. Broach re- pliednegativ~ly. Mr. Kelly Broach stated that the total project for this property is estimated at approximately $2, 000, (lOO. 00. He explained that this type of.busines.s is one of the most competitive businesses in the country and signage is a very significant factor. He noted that Broach Oil Company is the only company selling petro- leum products at retail and wholesale in Brazos County that has offices and headquarters in College Station, Texas. (lnS1q~ ~...) \.1 '-~ I ./ _" REGULAR CITY CQUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 5 Agenda .. Item No. 7....Discussionand. considerat.ionof t.he above recommendat.ion. Councilman Runnels stated his support of a moratorium on rezoning requests al.ong t.he Wellborn Road corridor I but. noted that he sym- pathizes witht.he Broach's situation. Councilman Bond concurred withCounc,ilman Runnel's statement. He statedt.hat out of a sense of fairness themorat..oriumshould com- menceafter a reasonable amount of time in ordert.o allow t.hose already involved in the rezoning process to complete it. Councilman Bought.on expressed her concern with the fact that t.he Broaches originally had request.ed C-l Cornmercialzoning on their tract of land, but. compromised by accepting th.e C-N Neighbor- hood-Cornmercialzoningin an effort. to work with.t.he city. She stated t.hatitdoes not seem fair that they should suffer and stat.ed that she would like to see them exempt. from the moratori- um. Councilman McIl.han.eyquestionedwhet.her the current. rezoning re- quest. for C-l on t.he Broach t.ract.hadb.eenbefore the Planning andZoningCommissi'on. Assistant. Director of Planning Callaway stated that t.heC-l rezoning request will appear before the Plan- ning andZoningConunissionon September 5, 1985, in addition t.o another rezoning request that. is pending in this area. Councilman McIlhaney expressed her sympathy forthe.Broach's pa- s i tion · She ... stat.ed her s upportof the mora tor ium, but. felt that the Broach tract should be exempt because of the act.ion of the Council two weeks earlier when the property across Wellborn Road from their t.ract was rezoned to C-lCommercial. City At.torneyLockesuggested t.hatthemorat.orium be placed on rezoning applications in th.e Wellborn Road corridor . Councilman Runnels moved t.hat. t.he cit.y accept no rezoning appli- cat.ions in t.heWellborn Road corridor for a period not. t.o exceed ninety days begin~ingat. 12:00 midnight. Councilman .Boughton seconded t.he motion which was approved unani- mously,6--0. () () ~. 1 . Q, 4/ t.l \}.:J 1 ../ . REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 2.2, 1985 PAGE. 6 Agenda I t.emNo.8-CONSENTAGENDA: BIDS: Thermographic Mobile Scan (Bid 86~2) Steel Drum ..Roller(Bid86-5) Truck chassis & .cab.....for. .high compaction refuse transport.er (Bid 86-6 ) Rear loading high compaction refuse body (Bid 86-7) All-terrain excavating machine (Bi.d 86-9) Crawler dozer (Bid 86-10) Tractor with articular boom mower assembly (Bid 86-11) Truck chassis for dump bodies - 2 each (Bid 86-12) Dumb bodies, 13-14 cubic yard - 2 each (Bid 86-13) PLATS: Final Plat - LakeviewAcresLot. 16A - 85-215 Final Plat. - Southwood Valley Sect.ion 25A - 85-216 Final Plat - University Plaza Phase I Block 1 - 85-217 Councilman Brown requested that. Bid 86-2, Bid 86-5, Bid 86-6, Bid 86-9 and B.id.86-12be removed from the consent. agenda. All it.ems not removed were approved by common consent. Bid 86-2, Thermographic Mobile Sean Energy Specialist Shear noted t.hatthe Council approved t.he Ther- mographic Mobile Scan on 02/27/85. He explained t.hat themobl1e scan will taket.hermographicpictures of residential andcommer- cial properties in College Station and wil.l provide information to the citizens on ways to lower their electrical consumption. He listed two benefits oft.hisprogram as.fo11ows: (1) energy conservationiand,(2)lowering of.the city'sdemand. Hepointed out.. that t.he system probably will pay it.self back in one year. Energy Specialist. Shearpoint.ed out that. the bid amount.s for En- ergy Adv.ancementand Abascus were switched on the memorandum pro- vided in the packet. He explained that Energy Advancement has never done an entire city and the quoted amount is based on a per home bid of $60.00. Councilman Brown asked a question about. the $10,000.00 difference in t.hebids submit.ted by Eart.hscan and Abascus. Energy Specialist Shear stated that Abascus left their bid open- ended. Helist.edthe differe.nt costs specified by Abascus and notedt.hatt.heyhad requested an open book on t.he amount of time for completion. of the project. In addition, Abascus specified a charge for computersoft.ware at cost. 005195 REGULAR CITY CO'UNCIL MEE,TING THURSDAY, AUGU.ST 22, 1985 PAGE 7 PurchasingAgentM.cCartney noted that Abascus stated in their bid an exclusion that the charge would be a $45,000.00 minimum based on the specified number of man hours plus the city would have to guarantee a number of days that the temperature would be below forty degrees. Councilman Bond asked if the $55,.000. 00 quoted by Eart.hscan was within t.he amo.untdesignated for this project. Energy ~Specialist Shear replied affirmatively. Councilman Bond moved to approve Bid 86-2 for t.he Thermographic Mobile Scan as recommended by the staff. Councilman Runnels seconded the motion which was approved unani- mously, 6-0. Bid 86-5, Steel Drum Ro11er Councilman Brown questioned the $11,300.00 difference in the bids. Purchasing Agent MoCartneyst.atedthat the engine in the Ferguson equipment is smaller.t.hanwhatwasspecified. In addition, the weight capacityoft.heFergusonequipment. is several thousand pounds less than the roller weight specifi.ed in the bid document. Councilman Brown moved approval of Bid 86-5 for the st.eel drum roller as recommended>by staff. Councilman Boughton seconded the motion which was approved unani- mously, 6-0. Bid 86-6, Truck chassis & cab for hi.gh compaction refuse trans- porter Councilman Brownaskedaquest.ion concerning the specificat.ions for t.he number of seats required and the price difference in the bids. Purchasing Agent McCartney noted that. two passengers ride in t.hesev.ehiclesan.d both South Texas Kenworth and Bryan Mac Trucks submitted bids for vehicles with only one passenger seat. She not.edthat Bond Equipment. provides two passenger seats, as well as t.he driver's. seat. Co.uncilman Brown stated that he understood that. both South Texas Kenworth and Bryan Mac Trucks would install the additional seat. Hequest.ioned whether the city presently owns a Kenworth. :fl r\...... 1 . L (}l}~'i 90 REGULAR CITY .COUNCI.L MEETING THURSDAY, AUGUST 22, 1985 PAGE 8 Director of Public Services Miller replied affirmatively. He ex- plained how the additional seat. was installed in the Kenworth and noted the problems created with installation in that manner. He further stated that Bryan Mac Trucks contacted him after the bid opening and stated they could install the additional seat.. Purchasing Agent McCartney statedt.hat if consideration is given to the offer from Bryan.MacTrucks to install the additional pas- senger seat the truck will have to be rebid because it represents the addition of specifications aft.erthe bids were opened. Councilman Bond moved approval of Bid 86-6 for the truck chassis and cab for high compaction refuse transporte'r as recommended by staff, noting that he has no connect.ions to Bond Equipment. Councilman Runnels se-conded the motion which was approvedunani- mously, 6-0. Bid 86-9, All-terrain excavating machine Councilman Brown questioned how it was determined t.hat t.he City of Bryan received a competitive price for their equipment.. Director of Public Services Miller state.d that t.he prices re- ceived by t.he HarrisCount.y Drainage District were higher than tq.eprice bid and noted that t.heypurchased four pieces of equip- ment.. pqrchasing Agent McCart.ney stated that Tom Wilson, Purchasing Agent for the City of Bryan, informed her that they received an- ot.her bid for $89, 000.00, on equipment that did not meet th.e specifications. Councilman Boughton moved approval of Bid 86--9 for the all-ter- rain excavating machine as recommended by the staff. Councilman McIlhaney seconded t.hemotion which was approved unan- imously, 6-0. Bid 86-12, Truck chassis for dump bodies- 2 each Councilman Brown questioned the price difference between t.he bids submit.ted. Public Services Director Miller explained the situation. He st'atedthat local service is avai lable for the Bond truck. He ex!pressed his opinion that the Bond truck will stand more abuse an!d last longer. O. O.....l k.... 1 q 7.' ,... IJ ./ REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 9 Councilman Bond referred to the.pract.ice of competitive bidding and asked if the city has the liberty to summarily disregard the low bid or do they all have to be non-spec meeting bids. Purchasing Agent McCartney stated that there is an exemption on all the bid specs, which states that the city can make an excep- tion on any bids that meet specifications. Councilman Bond moved approvalafBid 86-12 for the truck chassis for dump bodies -2 each as recommended by the staff. Co.unci ImanRunne I s seconded the motion . whi chwas approved unani- mou.sly ,6-0. Agenda Item No. 9 -Opening of bids for the purchase of Pecan TreeJ;>ark,aO.687acrepark .located in the Crawfo.rd Burnet.t League.. in ...College. ..S<tation.,.. Texas. Mayor Halter removed Item No. 9 from the agenda. Agenda It.em No. 10 - Consideration of award of contract. t.o.pur- chase Pecan. Tree.. Park. Mayor Halt.er removed Item No. 10 from the agenda. Agenda Item No. 11..- Considerat.ion of an ordinance authorizing the Mayor ... to execut.e aWarrant.yDeed .to . the purchaser of Pecan Tree Park. Mayor Halter removed Item No. 11 from the agenda. Agenda Item No. 12- Consideration of an ordinance providing for the. .creation of the..(~ity ...of ..College... Station ...Franchise Advisory Committee. City Attorney Locke presented the item. She st.ated that. the or- dinance provides for the appointment of a commit.tee which will expire in two years 0 In addition ,she not.ed that. t.he ordinance authorizes t.he Council to appoint a seven member committee, as well as the Chairman and Vice-chairman. Mayor Halter noted that he had requested that the .ordinance in- clude the two year expiration date.. He stated t.hat he did not have any strong. opposition to t.he appointment of this committee, but expressed his opinion that the committee may not genuinely be needed. n /, k.., 1 98' tII~ .. .. .......' t.: :..J ",.... REGULAR CITY COUNCIL MEETING THURSDAY,.. AUGUST 22, 1985 PAGE 10 Councilman Bond moved approval of Ordinance No. 1607 providing for the creation of the City of College Station Franchise Advi- sory Committee. Councilman Runnels seconded the motion which was approved unani- mously, 6-0. Agenda I tern No. 13-Considerationof a ..resol ut.ion regarding pro- test. of. the Fair .LaborS tandardsAct. . Personnel Director Dickson presented the item. She stat.ed t.hat. the proposedre.solution protests the Fair Labor Standards Act, which places a. financi.al burden on local governments. She stated that Senate Bill No. 1434 iscurrent.ly in the United States Sen- ate asking for the exemption of state and local governments from the Fair Labor. Standards Act. Councilman Bond pointed out the value of. individual letters in support of Senate Bill No. 1434. Councilman Boughton moved approval of Resolution No. 08-22-85-13 regarding protest of the Fair Labor Standards Act. Councilman Me Ilhaney seconded the motion which was approvedunan- imous1y, 6-0. Agenda It.em No. 14.-Considerat.ion ofa joint. resolution in sup- port...of.t.he.1988.Texas Games. Parks Director Beachy presented t.he item. He explained that the Texas Games combine ten of the largesteve.nts under the j urisdic- tion of the Athletic Federation to.be held.in one location over a two weekend period. He stated that the Cities of Bryan and Col- lege Station, the Chamber of Commerce and Texas A&M have agreed to join together to host the 1988 Texas Games. He noted that this event would bring a large number of people to the cormnuni- ty. He explained that a bid to host. the 1988 Texas Games will be presented at the Annual Meet.inginKerrville in September 1985. He further stated t.hat ift.he bi.d is awarded then a finalized agreement on the administrat.ion of the Games will be negot.iated between the four entities. Councilman Boughton moved approval ofajoint. resolut.ion in sup- port of the 1988 Texas Games. Councilman Brown seconded the motion which was approved unani- mously, 6-0. n (') c).. 1 C) Q ....J \..1........ t '} ./ REGULAR CITY COUNCIL MEETING THURSDAY,AUGUST 22, 1985 PAGE 11 Agenda Item No. 15- Consideration of an ordinance vacating and abandon.ing a port>ion of a public utilit.y easement at 1204 Charles Court.. City Engineer Pullen presented the item. He stated that within the referenced easement there is a twelve inch sanitary sewer line serving the Southgat.eSubdivision. He discussed the Bee Creek interceptor project planned for this area. He explained that the house located on Lot 7 was built within four feet of the sewer- line and is placing a structural load on the pipe. He painted out that abandoning the easement would not have any effect on the situation previously mentioned. He recommended that the Bee Cre~ek interceptor program be altered, in an attempt to alleviate the. piece of twelve inch sewerline that crosses Lots 61 7 and 8, by extending the project to. connect with the manhole located in Lot. 8. He stated that the cost of the additional work would be app:roximately $10,000.00. He furt.her stated that the additional workwQuldalleviate any structural problems that may exist as a result :o.fthe house being placed there and would allow the city to :abandon the easement that runs from Lot 6 to Lot 8, thus mak- ing th~seproperties less encumberedwit.h easements. He ex- pla:ined another alternative for providing relief of any structur- al proqlems associated with the line. He further stated that the onl:y w~y he could recommend the abandonment of the ease'ment would be !if t.heCouncil requires the owner to hol.d harmless the cit.y for' any damage tl1at might be incurred by the house as t.he resul t ofacqllapsedpipe int.he line. Mayor Halter noted that the current. owners are attempting to sell the. house and have encountered a title problem on the property. He :requested that the ordinance <be draftedtoclari fy .that the ci1:ywill be held harmless for any damages that might be incurred by the 'house-as a result of a collapsed pipe in the line. Councilman Runnels moved approval of Ordinance No. 1608 with the sti'pula.tion that the current owners and all future owners hold the'ci-tyharmless in terms of anydarnage that. might be incurred by 'the 'house as a result of a collapsed pipe in the sewerline. Councilman McIlhaney seconded the mot.ion. Councilman Bond questioned how the Council could bind future own- ers oft.he property to this agreement. He stated that the min- utes should reflect that the city is disclaiming any liabilities associated with the hous.eand they are being assumed by the prop- ert:y owners and its successor owners. The motion was approved by a vote of 6-0. n r\ t: f'",\ r) n \ _} i.) ..J (~ t. C. . REGULAR CITYCOUNIIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 12 Agenda! temNo. 16- ..Considerat.ion .ofa resolution authorizing thea.cquisition by voluntary purchase or condemnation of an. ease- ment .areaownedbyClydeF.. Goen in. .t.heThomasCaruthers League. Mayor Halter removed Item No. 16 from the agenda. Agenda I temNo. 17 - Consideration of a resolution authoriz.ing the.acquisit.ion by voluntary purchase orcondemnation.ofan.ease- ment.areaowne.dby EdwardM.Kelley and William N . Kelley, Jr. I in the . Thomas Caruthers...League. City Attorney Locke stated that this easement .is one of t.he last easements necessary for the construction of a transmission line which will parallel the Gulf St.atesUtilit.ies line currently ser- vicing theCit.y of College Station. She st.atedthat.the line will be located between the GSU line and an Exxon utility ease- mente Councilman Bond asked if this serves to representanauthoriza- tion to acquire the easementt.hat.wasnot previously had or is it. authorizat.ion for condemnation resulting out ofa f.ailureto ac- quire t.he .easement.. voluntarily. City At.torney Locke s.tat.ed that it is aut.horization for condemna- tion t.hat. resulted out. of a failure t.o acquire t.he easement vol- unt.arily. She located the easement.ont.hemap. Councilman Boughton moved approval of Resolut.ion No. 08-22-85-17 aut.horizing the acquisition by voluntary purchase or condemnation of an easement area owned by EdwardM. Kelley and William N. Kelley, Jr., in the Thomas Caruthers League. Councilman Brown seconded the motion which was approved unani- mously, 6-0. Agenda It.emNo. 18 -EMERGENCY ITEM: Con>sideration of an .ordi- nance vacat.ing and abandoning a public ut.ilityeasement..at. 2816 Henry Court. Councilman Runnels moved to declare Item No. 18 an emergency. Councilman Boughton secondedt.he motion which was approved unani- mously, 6-0. Cit.yEngineer Pullen presented the item. He located the easement on t.he subdivision plat.. Hest.ated that he reviewed the situa- tion with utility personnel and determined that there is no need 005201 REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 13 for the city to retain any of the easement surrounding this see..... tion. He explained that the request for abandonment was only for a portion of the entire easement but recommended that the entire easement be abandoned. He noted that th.e. ordinance is written abandoning the entire easement. Councilman Runnels moved approval of Ordinance No. 1609 vacating and abandoning a public utilityeas-ement. Councilman McIlhaney seconded the motion which was approved unan- imously,6-0. Agenda Item No. 19 -Hear Visit.ors. Mr. James D . Haeseker, 702#ANavarro, addressed the Co.unci 1 con- cerningthe city's policy on elect.ric meter tampering. He stated that he recently moved to College Station after accepting employ- ment with Westinghouse. He explained that on Tuesday, August 20, 1985 the city notified him that his meter had been tampered.with and that his elect.rici ty would be. disconnected ,on August. 21st un- less payment in the amount of $200.00 was received to cover ad- minist.rative costs. He stated that his elect.ricity wasdiscon- nected on August 21, 1985. He further stated that he had not tampered with his meter and could not discern any way to rectify the situat.ion. Ut.ilities Office Manager Piwonkasummarized the situation. She explained that when a meter has beent.ampered with it is pulled and a new meter is inst.alled to t.he service. Shepointedout that the technical department advised the staff on August 19, 1985 that the meter.. had been tampered with and on August 20, 1985 Mr. Haeseker's residence was tagged notifying him of.the city's policies concerning electric meter tampering. She noted that the $200.00 administrative cost represents a service fee for getting t.heelectrical service back in working condition. She noted that at 1:30 P.M. on August 21st Mr. Haeseker's service was discon- nected. She referred to t.he St.ateCodewhich st.ates t.hat if the account. is in an established name the individual is presumed t.o at fault. until proven innocent ina court-of law. Councilman Bond expressed his opinion that. if an individual is proven guilty of tampering with the meter then at that time some restitution or fine should be imposed. City Attorney Locke stated that at. this time criminal complaints are not being filed against these individuals. Councilman Bond asked if a criminal como1aintis available for this charge. City Attorney Locke repli~d affirmatively. n r\ c- ,.'" 0 Po .j \1 .~ L . C REGULAR.. CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 14 Councilman Bond asked if the city's policy was drafted in accor- dance with state legislation that authorizes the presumption of guilt. Utilities Office ManagerPiwonkarepliedaffirmatively. He expressed his opinion that the policy allows no room for any defense of the individual. Ut.ilities Office. Manager Piwonka summarized the historical data which resulted in the implementation of the current policy. She noted that it was an attempt on the part of t.he city to"defer me- t.er t.ampering by imposing steep penalt.ies. Mr. Haesekerstated he has a problem with t.he policy because t.he city maint.ains all the rights to the meter, but the citizen bears all the responsibility. He suggested that the city consider add- ing an appeals process to the policy. Mayor Halter pointed out that the Council was not. in a position to take action on this matter, but suggested that a meeting be scheduled with Utilities OfficeManagerPiwonka, a representative from the Police Depart.ment, Assistant City Manager VanDever, Mr. Haesekerand himself to further discuss the matter. Mr. Haeseker concurred. 20. - Closed personnel pendin litigation land acquisit.ion A. Personnel [6252-17 (2 )(g)]. 1. Discussion of Administ.rative Appointments. 2. Discussion of CitizenCommitt.ee Appoint.men~s. B. Land Acquisition [6252.....17(2)(f)]. 1. Parkland acquisition. The Council moved toclosed session and later reopened to the public.. Agenda Item No. 21- Action on closed session. Councilman Boughton moved to appoint. Dr. Thomas Lalkt.o serve as .t.heci t.-y's representat.i vet.o the Bryan/Co11ege Station Athletic Federation for a three year term t.hatwill expire in Sept.ember, 1988. Councilman Brown seconded the motion which was approved unani- mously, 6-0. Councilman Brown moved to appoint David Bagnall, Sharon Colson, Linda K.Murdock, LaurenD. Murphy, Steve Parker, Rusty Rush and Larry Ringer to the Franchise Advisory Committee to expire in two years. noc")O~ .J ) ._) L l.. j REGULAR CITYCQUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 15 councilman Bond seconded the motion which was approved unanimous- ly,6-0. Councilman Bought:.onmovedto nomin.ate Celia Stallings to the Bra- zos.CentralAppraisalDistrict Board of. Directors. Councilman Runnels seconded the motion which was approved unani- mously, 6-0. Mayor.Halter announced that t.he pos.itionofMunicipal Judge for t.he City of College Station is vacant. and st.atedt.hat the Council is receivingapplicat.ions at dthis.timetofill the position. He st.ated that applicants should be attorneys. Councilman Runnels moved to appoint Larry Ringer to serve as Chairman of t.heFranchiseAdvisoryCommittee. Councilman Boughton seconded the motion which was approved unani- mously, .6-0. Agenda Item No. 22-. Adjourn. Mayor. Halter adjourned the meeting. .00520 4