HomeMy WebLinkAbout03/27/1991 - Workshop Minutes City CouncilWEIllI'~S~, MAR~ iT, 1991
4.'00 P.M.
Mayor Ringer, Co.u~. cilmembers Crouch,
Mcl]haney, Schnmder, Gardner
Councilmembers Brown and Birdwell
City Manag.er Ragl~.a~. d, Assistant City Manager
Bryme~.., Assistant City Manager Wood. y,
Executive Director Management Serwces
Piwonka, Executive Director Fiscal/Human
Resources Harrison, Public Information Officer
Caliiham, City.Secretary Hooks, City Atto..~ey
Locke, Asst. City Attorney Coates, Asst. City
A~t. torney (3tahara, Development Services
Dn'ector Ash, Planning Director Callaway,
Personnel Director Pavlinski, Asst. Personnel
Director Bailey, Deputy Pinance Director
Schroeder, Electrical Supervisor Havens
Trey Jacobsen
VISITO~ PRESENT: See guest register.
Councilman ,.McIlhaney opened the meeting with Mayor Ringer, Councflmembers
Brown and Bn'dwen absent.
Councilman Cardner asked for.review of Consent Agenda Item No. 4.4.
Consideration for staff to enter into an agveement for the desiqn and
development of a streetscape plan.
Jfirsim Callaway explained this item. He stated tha..t the proposal.which staff ranked
t, Newman, Jackson, Biebersteln, Inc. has a tnste frame of nme to twelve
weeks to complete the project.
Councilman Cardner p.o..Luted o. ut that the work pro. gram of the reconvnended
firm states that there will be thirteen maps, apprommately 1"--5000'. He stated
that the staff should request larger scale maps. He further stated that the City of
College Station may not be adaptable to this type of development to a large
extent.
Agenda Item No. 2 - Dl~c'tmskm of prol;m~ed agremuents with local pharmacies
a~.d m'o~osed chanaes_ to I-Ie~l~ ~Plan.
Personnel Director Pavlinski described this item. She stated that the staff has
met with local pharmacists to provide them information about the city's health
Oqq ~ ~q
City Council Workshop Meeting Page 2
Wednesday, March 27, 1991
plan, particularly the marl order pharmacies. The pharmacists have expressed
an intere.st to enter into an agreement with the city similar to the marl order
pharmacies agreement. The agreement was provided in the council packet.
Councilman Crouch asked if there are ramifications to the plan. Ms. Pavlinski
replied that this is a benefit to the ..employees. It would be less out of pocket
expenses for the employee at the time of purchase.
City Manager Ragland rentarked that the staff is sensitive to the customers
concerns.
Mayor Ringer arrived at the meeting at 4:15 p.m.
.,4= !t__,~t. No. 3 - ~t~__t~n_ ~a csble france a_m~mtents in the
Assistant City Attorney Ne.al Coates started that the counc'.fl a.t th.e .ir. la.s.t, regular
meeting requested further info. rmation from staff. He poimea o.u.t, mat ~e
financial impact on the with Doux Chene Apartments woulci be a ~oss oz
city w .....
1400.00 per year. He added that it would be d~?cult to !.d. entify the unpact .on
the city if all apartments complexes decide to select satemte dishes. He noted
that T~vis House Apartments and University Tower have satellite dishes.
Mr. Coates further stated that the city does not have power to regulate satellite
dishes unless the cable runs across city streets.
He noted th.at TCA has the power to approach apartment complexes to offer
lower rates m competition with satellite d~hes.
Mr. Randy Roaers of TCA Cable address, ed the council on this issue. He stated
.that the clty ~ be setting a precedent if another company desired to build only
ut the most profitable cable areas. He noted that TCA .Cable provides free
service to all public buildings in College Station, including the schools.
Co .u~. cilman Mcllhaney stated that if the city requires Doux. Chene to provide
public access channels, then how would they provide service to the satellite
dishes. Mr. Rogers replied that it can be done by microwave service or
telephone lines.
Councilman Crouch stated that she does not feel this request is the same as
another cable company providing service to an entire subdivision.
Councilman Schneider asked if there are federal, state, .or local regulations that
apply to cable compa~_'_es.. Mr. R.og. er.replie,d ,t~at ,'I',CA ~ not re,.gula, ted, by ~e
state. He added that TGA ~s regulama on a zeaera~ ~eve~ regaramg tecmuca~,
quality, copyright cost, etc. However it does not relate to p. rictn.g.p.olicy. He
noted that the Congress and the FCC are currently d~-~cussutg this ~ssue and
changes may occur this year.
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Wednesday, March 27, 1991
Linda Piwonka explained this item. She stated that the City Manager
designated a staff c. on~_'ttee to review the charter .¥. it applies to curren..t city
operations and review the top ranked changes, by c. mzens .r .evi.ew ..c.o.r~. ~ee, aha
to identify the key procedure requirements and cosx assoclatea v~m no~amg a
charter election.
She pointed out that the law requires that any revisio_ns to the charter must be
mailed to the voters thirty days prior to the election date.
Councilman Gardner referred to the ballot submitted in 1983. He questioned
whether the proposition should state the entire amendment or if it can be a for or
against question.
Linda Piwonka reviewed the cost estimates. She stated that the cost estimates
are based on a brochure of seven two sided pages. She noted that this is not a
budaeted item, so if the council desires to meet an August election date, a
cont~mgency transfer would be requir.' ed. She noted that the current level of
contingency in the general fund is $§0,000.
City Attorney .Locke reviewed the staff committee recommendations. The
foliowmg sections were discussed. Section 9.4, 49., 60, 61, 70, 79., 7§, 76, 9§, 119.,
and 131.
Councilman Crouch asked if the deletion of Section 70 would cause a numbering
problem. City Attorney Locke replied that this is true. However, a statement
could be added to the section stating that th~ section has been repealed.
Ms. Locke referred to Section 95. She .n. oted that a great deal of ,4~.~cussion on
this item was held at the staff level, particularly the petition requirement.
The council discussed Section 131(3): A managerial or supervisory e~..empt
employee becomes a candidate for nomination or election to an electtve public
office of an
entity having contractual relations with the City that would, involve
the employee's department. Councilman Gardner stated that the begnming
sentence m Section 131 regarding ownership of stock, etc. should be written in a
separate section.
Councilman Gardner submitted that the entire charter should be revised;
whereby, all registered voters would receive a new charter.
Ms. Piwonka reviewed the four possible dates for the election. August 10, 1991;
November 5, 1991; January 18, 1999.; or May 9., 1999..
Ms. Piwonka stated that the cost have been revised to reflect the new bulk rate
postage cost; therefore, the total cost are $9.6,359..
City Council Workshop Meeting Page 4
Wednesday, March 2?, 1991
Mayor. Ringer stated that the question b .el. ore _the co_uncil .is ,?,hat. sections should
be revved; and also to consider an election date. t-Ie notea ma~ the charter
review committee's recommended significant changes were in Sections 95 and
112.
Councilman Crouch suggested that the _e_l.e.c. tio? b.e, .held.in the next ~cal ye. ar, a
Nove..n~er date would ~e approp.ria, te. If it ~s feast_re, .s.n.e urge..d the council to
submtt as many changes as possible to the charter for tkts election.
Councilman. Mcm~aney brought up _the ~sue of the terms of councilmembers.
She would like see the terms extend to tltree years.
Councilman Gardner commented that the councilmembers should also receive
compensation.
Councilman Crouch supports ..Counciiman.Mcnhaney's suggestion about the
longer terms of office. Councilman Schneider agreed. Councilman Mcnhaney
remarked .that an election would be held each year for election of two places_,
the following year for two places,, a~_.d., then.for .t~r .ee ~ace. s. S1}e c..onunented
that there are a number of munimpalities wfto elect omcmm under mese terms.
She also noted that the school district officials are elected in this manner.
Councilman Gardner remarked that the council should be elected with a majority
vote.
Councilman Crouch mentioned that she would prefer not to be faced with a
runoff because it is costly to the candidate.
Councilman Gardner emphasized his desire to construct a new charter and void
the old charter. Councilman Crouch agreed.
The council discussed the staff recommended changes to the following sections:
Section 24 - Appointment and Removal of Ci~ Manaaer
Delete last sentence in Section 24 and add to end of Section 42.
revved as follows:
The section is
The City Council shall appoint an officer of the City who shall have the title of
City Manager and who shall have the powers and perform the duties set forth in
this charter. No Councilman shall recei?..such appointment during the term for
which he shah have been elected, nor v~thin one year after the expiration of his
term.
The salary of the City Manager shall be fixed by the City Council, and he shall
hold o. ffic~..at its pl.e~sure; but if he is removed, at any time after, six (.61. m?nth.s
fonowmghis appointment, he may .demand written cha. r.ge.s.ana_ a ~u~nc ne. arvn. ~,
thereonbefore the City Council prior to the date on w~cft his final removm snau
take effect, but pending such hearing, .the City Council may suspend him from
office. The action of the City Council m suspending or removing the City
City Council Workshop Meeting
Wednesday, March 9.7, 1991
Page
Manager shall be final, it being the intention of this cha~t..er .t.o v~.e.st. ~ auth.o, rity
and fix all responsibility for such suspension or removm m ..m.e ~ity ~..ounc~.
~.the.abee~ee.e~~-o~-the-~-Manager3-the--~itY-~.~- _s~a~
c~:::;::.~M..s~-me_~o~ per.¥~-pe~so~to...~e~-the-d.u~es.-of-the-eme;,
Sec~on 42 - Absence of City Manaaer
The council added the word leave to the first sentence for clarification and
added the last sentence at staff's recommendation.
To perform his duties during his temporary leave o_f absence or d~._ab~ty, the
Mayor. .may. designate, .b~ letter filed With the City.~..S.e?.etary, a qu~alifiec~ . .
administraUve officer, of the City to.serve for the ~ny Manager. ~oncernma out
of town bus,ess, illness and..vacatmn the City Manaqer may be del~oa_ted
authority to des~_=,;,nate an individ~ml to serve in the absence of the City Manaper.
Section 60 - Estimated Expenditures Sb~11 not Exceed Estimated Resources
Staff edited the second sentence to eilminate the National Committee on
Municipal Accounting because it no longer exists.
The section is re3dsed as follows:
The total estimated expenditures of the general fund and debt. fund. sh~l.f not
exceed the total estimated resources of each fund. The classification o revenue
and expenditure accounts shall conform as nearly as local conditions will permit
to the uniform classification as promulgated by the Gore .rr.u,'n, e.n. tal Accounting
Standards Board, or some other nationally accepted classification.
Five subsections were also added by the staff.
to) If during the fiscal year the City M~ager ce..~es ~at .the,re ,are .a .,vaila]~!.e
r approprhtion revenues in excess of those estimatecl .in .the n. uag. et, me
Council. bv ordinance, may make supplemental appropriations for me year up to
the ante'un{ of such excess'. Before approval, the Council shall fix the time and
~lace of a public hearing on the supplemental appropriation and shall cause to
e publishe'd a notice ~ the official newspaper of the City of College, Station., of
the heating setting the time and place at least five (5) working days ne~ore me
date of the hearing.
(2) To meet a public emergency affecting life, health and property or the public
~e'ace, ~e.. City-Council may make emergency appropriations. Such _ .
appropriations may be made by emergency ordin~c.e. To the extent that the. re
are no available unappropriated revenues or a s~,~ment fund balance to meet
such. appropriations, the Council may by such emergency ordinance au.thoriz, e
the ~ssuance of emergency notes, which may be renewed from .ti~..e to t~me, but
the emergency notes and renewals of any fiscal year shall be prod not later than
City Council Workshop Meeting
Wednesday, March 27, 1991
Page 6
the last .day of the fiscal year next succeeding that in which the emergency
appropnauon was made.
)atN at any time during the fiscal year it appears pr. obab_le, to the City. Manager
the revenues or fund balances available win be ms~rnc~ent to meet the
amounts a~ronriated, he shall report to the City Council without delay,
indicating 'flt'e es' timat.e.'d amout of the cl_eficit, any. re. me.di, al ac~.~0.on t~aken b~ ~
and his recommendations as to .any. other steps to ne tazen. 'me ~o.uncu snau
then ~ake such further action as it deems necessary to prevent or recluce any
deficit and for that purpose it may by ordinance reduce one or more
appropriations.
(4) The City Manager may at any time transfer any unencumbe, red. .
appropriating .b~l..ance or portion thereof between gen_eral_ classifica~o.n~., o!
expenditures w~thin an office, department .or agency. At the request ox
Manager, the City Council n~...y by resolution transfer any unencumr~erea
appropriation balance or portion thereof from one office, department or agency
to another.
(B) No appropriation for debt service may be reduced or transferred, and no
appropriation may be reduced below any amount required by law to be
appropriated or by more than the amount of the unencumbered balance thereof.
The supplemental and emergency appropriations and reduction of transfer or
appropriations authorized by this section may be made effective iramediately
upon adoption.
Section 61 - Emergency Annronriations
This section currently provides for. 100 signatures required to amen.d, the budget
in the case of public necessity during the fiscal year. All appropriations shall
lapse at the end of the fiscal year to the extent that they shall not have been
expended or lawfully encumbered.
Council concurred.
Section 70 - Transfers of Ap~ronriations
Staff recommends deletion of this section because of its relocation to Section 60,
paragraph 4.
Council concurred.
Section 72 - Lapse of Annronriations
Staff recommends deletion of this section because it was relocated to Section 61.
City Council Workshop Meeting Page ?
Wednesday, March 27, 1991
Section ?5 - Purchase Procedure
Staff recommends the followin, g statement to replace the paragraph as provided
by the Charter Review Committee.
The City shall make expenditures pursuant to the requirements of .Local
Government Code Chapter 252 (Vernon 1988), as amended from ~,ne to time.
Council concurred.
Section ?6 - Contracts
City Attorney Locke stated that Section ?6 basically
written in Section 75. However, the title for Section
changed.
states the same information
75 and ?6 would need to be
Mayor Rinaer noted that if a proposition cannot include the renumbering of all
sections, 1~ preference would be to retain Section 75 and ?6.
Section 95 - How to Get Name on Ballot
The council agreed with the Charter Review Committee recommendations and
staff agrees with committee's recommendations.
This section would eliminate the petition requirement for candidates.
The recommended change is as follows:
Any qualified person, may have his name placed on the offic .ifil. ballot as a o
candidate for Councilman or Mayor .at any. election held for me p.urpose_ oz _
electing Councilmen or Mayor by filing with the City Secretary _at leas. t.forty-five
(45) d,.~. ys prior to the date of election a sworn application in substantially the
following form:
"I , do hereby certify that I am a can.~date for the office
of , and req~.est that my ~ame ~ pnnted upon the
official ballo, t of that particular office m the next City election. I am aware of and
agree to abide by thenep.~otism law, Tex. Rev. Civ. Stat. Ann., arts. 5996a - 5996g,
as amended. I am a clualified voter of the Stat.e. of Texas, and am and have been
a bona fide resident o~ the. City of College Station, Texas, for at least one (1)
year. I am not m arrears ut the payment of any taxes or ~.ability du.e. the City, .nor
am I otherwise disqualified or ineligible to serve on the City Council if elected.
I reside at , Precinct ., College
Station, Texas.
Signed
Section 112 - Recall Petitions
The council agreed with the revised section.
It reads as fonows:
City Council Workshop Meeting
Wednesday, March 2?, 1991
Page 8
sThe recall petition to be effective must be returned and filed with the C!.ty
ecretary within (30) days after the filing of ~e ~davit required ~ Section 111
of th. is Article _and it must be signed by qualified electors of the City, equal in
number to at 1.east Forty percent (40%) of the total number of votes cast for the
office in question at the last regular municipal election, at which the office in
UoeStion was fined; and conform to the provisions of Section 101 of this Article.
petitionpapers shah be accepted as part of a petition unless they bear the
signature of the City Secretary as required in Section 111 of this Article.
Section 151 - Personal Interest
Staff recommended Charter Revi.e.w Committee changes. The council made
several comments about this section. The Council discussed Subsection 3
proposed by the Charter Review Committee. They decided to eliminate this
statement.
The revised statement is as fo]lows:
No member of the City Council or any officer or employee of. the City sh. an have
a financial interest direct or in..d!r~ ect or by reason of ownership of stock m any
corporation, in any contract w~th the City, or be financially interested directly or
incl~rectly in the sale to the City of any land materials, supplies or services
except on behalf of the as an officer or
· City employee; provided, however, that
~e pr_ovislons of ~ section shall only be applicable when the s.tock owned by
me omcer or employee exceeds one (1) pe.r.cent of the tot.al, capital stock of .the
corporation. Any w~ful violation of this section shall constitute malfeasance m
offic.?, and.any o.~c.e.r or .em. ployee., gull~.th..ereof shall thereby forfeit his .office or
p?.s. mon. any womuon oz mm secuon, w~m me knowledge expressed or nap]led
ox me or contracting with the shall render the contract
:person corporation City
voidable by the City Council or City Manager. An employee of the City
immediately forfeits employment with the .C..t~ if: --
(1) the employ.e.e be..comes a c. andidate for election to the
College Station City Council; . .
(~.) the e.mploye.e, becomes a candidate .for nomination or e.l. ection .to an
elective public offic.e, where the holding of that office win conflict with
the fun and proper discharge of the employee's duties with the City.
The council reviewed the Charter Review Committee's priority changes as
follows:
Section 8 - Change of Ward Bound-~_es
The committee recommended to delete this section.
The council decided to retain this section in the charter.
e ty Council Workshop Meeting Page 9
dnesday, March 27, 1 ggl
Section 18 -_ Number Selection Term of the Ci Council
Mayor Ringer read the changes recommended y the Committee. He stated that
these changes are not significant but that it will be considered as part of the
ballot if space is available.
Section 9.0 - Compensation of Members
The committee did not make any changes.
Councilman (.~ardner stated that he believes that the Councilmembers should
receive compensation.
Other councilmembers felt that the timing of this idea is not appropr~te.
Mayor Ringer referred back to Section 18. Councilman Mc]]haney proposed that
the terms of office extend to three year terms. The council expressed some
uncertainty about this item, but agreed to look into this further.
Section 30 - City Attorne~
The council felt these changes were not significant.
Councilman Crouch stated that .the gender terms could be changed under one
proposition on the ballot, if this ~s legal.
Section 39 - Disabled Employees Pensions and Insurance
The Charter Review Committee recommended deletion of this section.
The council decided that this section has no impact on the city; therefore it
should remain.
Councilman Crouch stated that the entire charter should be revised now, in
order that it will not have to be done in the future.
City Manager Ragland pointed out to the Council that they sho.uld be aware that
they may have to educate and explain the questions that will arise if several
sections in the Charter are deleted, even if there is no impact.
Section 36 - Investiqation 1~ City Council
r~ M.~ager Ragland stated that this section defines th.e. power of the council to
e investigations. He also referenced the section entitled Powers.
Section 69 - Director of Finance; Powers and
Mayor Ringer stated that the revision relates to the transfer of collection
procedures to the Brazos County Tax office. The council decided to look at this
section at greater length in the future.
City Council Workshop Meeting Page 10
Wednesday, March 27, 1991
Mayor Ringer noted that the Charter Review Committee has made many
changes, most of which are housekeeping items.
City Manager Ragland mentioned that the C. ity.of.Bryan may begin the charter
review process and they have extended an invitation for the council to attend an
informational meeting at the City of Bryan. The council concurred.
Agenda Item No. 5 - Council Concerns.
Councilman (3ardner mentioned that request for proposals for the streetscape
plan v~s published fourteen times in the newspaper.
Counc',.fl;man Schneider asked staff to pres.e, nt an update on the cemetery
renovations. Councilman Mc]lhaney mentioned that the Cemetery Committee
recently met and d~.~cussed this issue. The committee recommended that the
staff p.r, epare a .decisi.on pa.ckage request for the cemetery renovations. The
council will review this dunng the budget process.
Agend~ Item No. 6 - City Msn~get' Concerns.
City Manager Ragland reported that the TML Annual Conference is June 21-~.3,
1991. He read several dates for the next visionary leadership workshop sesmon;
June ~.8-~.9 or July 11-1~., 1~.-13. Mayor Ringer asked staff to prepare a memo to
the councihnembers who are absent concerning these dates.
Mr. Ragland also reported that the City of Round Rock has extended an
invitation for the council to attend a workshop with Mr. John Carver.
He presented the draft Comprehensive Annual Financial Report. A presentation
will be made at the regular meeting.
_Aaead~ Item No. 7 - Adjourn.
Mayor Ringer adjourned the meeting at 6:40 p.m.
A~EST: , /~ ~
Gity Secretary Gonnte Hooks