HomeMy WebLinkAbout04/24/1991 - Workshop Minutes City Council MINUTSS
C~TY COUNC~ WORESHOP M~]~TIN~
Mayor Ring~e.r, Councilmembers Brown,
Schneider, B=dweil, Crouch,
McIlhaney
Councilman Gardner
City Man.a. ger Ragland, City Attorney.
Locke, City Secretary Hooks, Executive
Director Management Services Piwonka,
Water Maintenance Supervisor Sharp,
Water Superintendent Riley, Eniflneerina
Project Manager Mull~n_' s, .City I~ngineer-
Pullen, Development Services Director Ash,
Asst. City Manager Woo. dy, Asst. City
Manager Brymer, Planning Direct.or
Callaway, Asst. Public Services D=ector
Trey Jacobson
See guest register.
A~enda Item No. 1 - Discus ~don o! consent ag~_,~l ~_,.mms l~__,~J on Thur~_,~-v.
Councilman Birdwell removed Agenda Item No. 5.4, 5.7, and 5.5.
Item No. 5.4 - Consideration of bids for the construction of street and utility
improvements to the Carter's Grove Subdiv~m'on.
Councilman Birdwell mentioned that the council had previously rlt~cussed the
possibility of establishing another assessment program for streets.
City Manag. er Ra.~land sta. t. ed.that the co_uncfl wo~d have to justify the.
assessments on mese pan,croat streets, because these streets were utilized
previously as a pilot proiect and the experiment failed; therefore, the residents of
the streets feel that this is the city's problem.
Councilman Mcl]haney stated that she does not have a problem reviewing the
policy regarding assessments for major residential streets tl].at require
reconstruction. She commented that she does not feel this m the proper time to
pursue it for this particular project.
Councilman Brown commented that we should not make the homeowners pay
for the city's mistakes.
City Council Wo.r. kshop Meeting
Wednesday, April 24, 1991
Page 2
Mr. Smith stated that the demolition is included in the excavation price. He
added that these streets will be brought up to city standards.
Mr. Smith stated that the funds available will cover this street construction, about
one-third of the streets identified in the pavement management system.
Item No. 5.5 - Consideration of an ordinance authorizinq the Mayor to execute a
license aqreement.
This item will be removed from the consent agenda on Thursday night and the
appropriate action will be taken.
Item No. 5.7 - Consideration of sewer line extensions, Project No. SS1007, tn
Pate & Pate Enterprises, of Huntsville in the amount of $138,013.24
Counc.flman B~rdwen as~k. ed if the city has a poli..cy on cost recovery for
sewerline extensions. City E~gijt. eer Pullen replied that the city has not L'ttended
to recover these costs. Mr. B~rdwen stated that the city shouldhave a
mechanism to recover these costs.
City Manager Ragland mentioned that the staff is dfliaenflv workina on the issue
of. .cost. r.e. cov.e.~... C.ou~t~ ctlman. Birdwen stated that he-wisl:tes to delay approval
oI me ma untu me stan can bnng back further information on cost recovery.
Councilman Mcl]haney discussed the is.sue .of impact fees. City Manager
Ragland made several comments regarding mtpact fees.
Aaend~ Item No. 2 - Discussion of Water/Wsstew~__t~,_ CIP B-,4_,~t_
Year 1990-93. -
Water Superintendent B. ili Pdley introduced the Water/Wastewater Div~ion staff.
He updated the Council on the CIP projects currently in progress and
anticipated projects in the water/wastewater division.
Mr. Riley presented slides of dlfferent well site locations.
Ms. Sallie Mullins, Project Engineer, described the waterline extension alon~. FM
2818 extension..Sl~.e ~so showed sh.'des at Southwest Par..kv~. y for the waterline
extension at the m~ercnange of ~outhwest Parkway and Highway 6 East Bypass.
Councilman Schneider inquired about the South Oakwood subdivision. Mr. Riley
replied there will be a total replacement of the sewerline in the area.
th~eA~eae~un~ Item No. 3 - Dlsc_u~_s~o_n of pro~o__~sd ~t~loc~ ~_~t with
Brazos County Commissioner Gary Norton came forward. Asst. City Manager
Brymer addressed the item.
City Council Wo.r.k~hop Meeting Page 3
Wednesday, April 24, 1991
Councilman Birdwen aske. d if the insurance l~roblem had been resol, ve.d. Mr.
Norton replied that he is m the process of checking with the county's insurers,
but it has not been documented.
Councilman Mcnhaney questioned why Sebest..a Road was not included on the
maintenance list. Mr. Norton replied that the list does not include road
improvements.
Mr. Norton mentioned that one street was inadvertently deleted from the list,
.Dowhng Rd.. to 2818. Mr. Birdwen ..mentioned that he did not realize that 1550
feet of Dow]lng Rd. was in the city limits. He questioned the length of Linda
Lane compared to Pamela Lane and Marcy Lane.
..Co..unc,'.~m~., Crou. chomen, tio. n.ed. that the county win do the work including but not
limited to me cos~ ox materials but excluding the cost of labor. She asked for
clarifi.cation. Mr. Norton replied that county_ will provide labor and equipment.
Mr. B]rdwell pointed out that the county win complete the work for the cost of
the material.
City..Manager Ragland pointed_out ..that the interlocal agreement establishes a
wormng relationship between the city and county for maintenance of these
particular roads. He emphasized that a separat~ agreement will be made for
each project that requires improvement.
Aaenck Item No. 4 - ~ ol Cha~_~ reva4,~,
Mayor Ringer noted th.a.t the charter cannot be renumbered, but a deleted
section can show that it has been repealed. Councilman Crouch stated that
each item that requires a gender change would ~so have to be placed on the
banot. The ballot would read each section as written and also read as
amended. It must also be written in English and Spanish.
Section 18 - Number, Selection, Term
Councilman Birdwell made a motion to keep the provision as written in the
current charter stating that the council terms remain two years. Councilman
Brown seconded the motion.
Councilman, Mc....Ill~.ane¥ stated that she .favors three year terms. She added that
more people wm De grven an opportunity to become involved.
Councilman Schneider stated that he is in favor of three year terms.
The.vo.t.e was t .aken to leave the.. terms of office at two year terms. The motion
camea ~ a vo~e of 4-2, Councilman Mcnhaney and Councilman Schneider
against.
City Council Wo.r.k~hop Meeting Page 4
Wednesday, April 24, 1991
Councilman Birdwell made another motion to change Section 18 (e) to require a
majority vote. He explained why he favors a change.
The motion was seconded by Councilman Crouch.
Discussion was held regarding a runoff election.
The motion failed by a vote of 1-5, Councilman Birdwell voting in favor of the
motion.
This section remained the same.
Section 20 - Compensation of Members.
No change was made to this section.
Section 24 - Appointment and Removal of City Manaqer.
The last sentence was deleted.
The City Council shall appoint an officer of the City who shall have the title of
C!ty Manager and who shall have the pp. wers andberform the duties set forth in
this charter. No Councilman shall receive such appointment durina the term for
which he shall have been elected, nor within one year after the exp-fi'ati, gn of his
term. The salary of the City Manag. er sh. all be fixed by the .City Counc. fl, and he
shall hold offic, e at .its pleasure but if he is removed at. any time after s~x (6) .
.mont. hs following h~s appointment, he __may demand wntten charges and a public
neanng thereon before the city council prior to .tthe date on which his final
removal shall take effect, but pending such heanna the City Council may
suspen, d him from office. The action of the City C~uncfl in'suspendina o'r
removing the .City Manager shall be .fin..al, it being the inten, tion of this~ch.a~t, er to
v...e, st all au~ori~ ~.d ~ all responsib~.ty for such suspension or removal m the
bhe-of~er-e~eept-~-e~::
Section 42 - Absence of City Manaqer
The council added the word leave to the first sentence for clarification and
added the last sentence at the staff's recommendation.
To perform his .duties during his temporary leave of absence or d!gabflity, the
May.or. may deslo'nate, bv letter filed with the City Secret-,-~, a ~,,,alified--'
a.dminisUa~e o~cer of the City to serve for the City Mana--~er.'"~oncernina out
o~ .tyw~.. b.usin, es.s, fl .l~ess, .or..va.c. atipn the City_ Manager ma~ be deleqatea ~
aumonty to aes~9~nate an mor, nc~,,~ to serve in the ~sence of the City 1V~_~_~a~er.
Section 60 - Estimated Expenditures sha~ not exceed Estimated Resource~
Staff added several sections.
City Council Wo.r.~hop Meeting
Wednesday, April 24, 1991
Page
The total estimated expenditures of the general fund and debt fund shall not
exceed the total estimated resources of each fund. The classification of revenue
and expenditure accounts shall conform as nearly as local conditions will ~)ermit
t_o the uniform classification as promulgated by the Gore .r.nt.n. ental Account[no
~tandards Board, or some other nationally accepted classification. -
(1) If durin.~ the fiscal year the City Manaqer cerises that there are av~__il=~le
for a~ropnation revenues in excess of those estimated in the b,-4aet,
.Council. by ordinance, ma,,, make supplemental a~ro~riations ~-~he .ye~ u~ to
the amount of such excess. Before approval, the Council sb_~, fix the thue and
~lace of a ~ublic h.earina on the supplemental a~ro~ri~on and sb_~" cause to
be ~ublished a notice in-the official newspaper 0fthe C~ty of Conege Station
~e hearina sett'.m, g the time and place at least five (5) workinq d~ys before ~-
date of th~ hearing.
(9.% To meet a public emergency affecting life, he~th and property of the
0eace. the. city Council mav make emeraencv a~ropriations. Such ---
aoprooriations may be made by emeraency Ordinance. To the extent that there
are no available unm3~3ropriated revenues or a s-mctent fund ..b=l~_nce to meet
such a~3rm3rlations, the Council may by such emeraencv or~?tance authorJz-
the issuance of emeraency notes, which may be renewed from time to ~r~e. but
the - fiscal '
emergency notes and renew~ of any. ye~ s~ be p,,_~d not later than
the last .day of the fiscal year next succeeding that ut ~M~h the-~mergenc¥
a~ro~nation was made.
(3) If at any time during the fiscal year., it appears probeb!e to the City Mm,~ager
that the revenues or fund balances available will be ins-f~¢ient to meet th-
amounts at3oropriated, he shall report to the City Council without
indicatina the estimated amount of the deficit, any remea~! action t-~r~n bv him
a. nd his recommendations, as to any other steps to be taken. The Council
then take such further action as it deems necess~,'y to prevent or reduce any
deficit and for that purpose it may by orclinance reduce one or mor~
m3t3rot3rlations.
¢4_~ The. City .M .ana~aer may at. any time transfer any unencumbere~
m3~)ro,3nauon n=,ance or portion thereof between aeneral ~l=~.<mcations of
expenditures ~ut an office, department, or agency. At the request of the C~ty
Manaae.r, .the C~ty Council may by resolution transfer any unencumbered
a~robnation balance or portion thereof from one office, department or agency
tO another.
(5) No aD~3ropriation for debt service may be r-~uced or transferred, and no
an~)ro~riation, may be reduced below any amo[u:t~-required by law to he
m3DroDnated or by more than the amount of ~e unencumbered b~L=~tce thereof
The sun.Plemental an.d emera??cv anp. roprla~ons and reduction of transfer nf
m3nro~nations .... authorized b~; th~s-se~:tion mav be m-~]~___~ effective m'ume' ~igte._l~
City Council Wo.r. lc~hop Meeting
Wednesday, April 24, 1991
Page 6
Section 61 - Emerqency Appropriations
Council concurred with staff change.
All appropriations shall lapse at the end of the fiscal year to the extent that they
shall not have been expended or lawfully encumbered.
Section 69 - Director of Finance: Power and Dut~_e-~
Councilman Birdwell moved to adopt the committ, ee's revisions to ~ section.
The motion was seconded by Councilman Schneider which carried unanimously.
Under the .di~. ecti.on of the city m .anager: the director of finance shall have charge
of the administration of the financial affairs of the city and to that end he shall
have authority and shall be required to:
(1) Supervise and be responsible for the disbursement of all monies and have
control over all expenditures to ensure that budget appropriations are not
exceeded.
.(2) Maintain a general accounting system for the city governme, nt and each of
its offices, departments and agencies; keep books for and exercise financial
budget.aryo co.n. tro.1 over e_ach office, department and agency; keep separate
accounts zor me items of appropriation c_ontamed in ~e .city budget; each of
whicl~ accounts shall show the amount of the ap~ro]~nation, the amounts nald
ere. from, the unpaid o. bligations against it and t~e unencumbered balance;
require re.p..orts .o. f receipts and ~]~-~bursements from each _re.ceiving and spending
agency ox m.e city government to be made daily or at such intervals as he may
deem expedient.
(3) Submit to the city council through the city manage, r, at such. times as the
council
_ . may deternune necessary, a statement of receipts and disbursements in
su~iclent detail to show the financial condition of the city. .
(4) Prepare, as of the end of each fiscal year, a complete financial statement
and report.
(5) Sup. e .r~.' e. and. ..be re.sp?ns~le for the assessment of all property ~thin the
corporate ~imi~s ox me ci~ zor taxation, make all .a. ssessments for the city
governmen, t, prepare.tax maps and give such notice of taxes and special
assessments as may ne re.q~r.~ ed by law. .
(6) Have custody of all public funds belonging to or under the control of the
.city; of any o~ce, department or agency of. the city government, and deposit all
x.unas coming into his hands in such depository or depositories as may be
ciesignated by the city council, subject to the r-equire~ents of law in fo'rce from
ti~..e to time as to finishing of bond or the deposit of securities and the payment
o! interest on deposits. All such interest shall be the property of the city ~nd
shall be accounted for and credited to the proper account.
(7). Have custody.of ~ investments .and invested funds of the city government,
or,m. pos.sessi~on o.~ suca go~.ernment.m, a fi.duciary capacity, and have the
sa~e~:eepmg o~ all nonds anci notes of the cxty and the receipt and delivery of
city bonds and notes for transfer, registration or exchange.
(8) Sup.e. rvise and be responsible for the purchase, storage and distribution of
all supplies, materials, equipment and other articles used by any office,
department or agency of the city government.
City Council Workshop Meeting
Wednesday, April 24, 1991
Page 7
(9) Approve all proposed expenditures; unless he shall certify that there is an
unencumbered balance of appropriation and available funds, no expenditure
shall be made.
Section 70 - Transfer of Appropriations
Repealed
Section 79. - Laose of Aot~ro~rtations
Repealed
Section 75 - Purchase Procedures
e City shall make expenditures pursuant to the requirements of.Local .
overnment Code Chapter 252 (Vernon 1988), as amended from time to time.
contracts and purchases shall be handled so as to obtain the best value for
the city, with bids or quotes solicited whenever practicable.
Section 76 - Contracts
Expenditures for City improvements shall be made pursuant to Local
Government Code Chapter 9.59. (Vernon 1988), as amended, from time to time.
All contracts and purchases shall be handled so as to obtain the best value for
the city, with bids or quotes solicited whenever practicable.
Section 95 - How to (~et Name on Ballot
Council eliminated the petition requirement.
Any qualified person may have his name placed on the official ballot as a
c.andidate for c. ouncilman or ma~,.gr at .~..y election held for the purpose of
~electing cou~.cilm .eh or _may by filing w~.th the maye -a4qeaet- - -(; ) City
.~ec.r.eta..ry at least forty-five (45) days. pnor to the date of election a sworn
appUcatzon in substantially the following form:
"I, , do hereby certify that I am a candidate, for the office of
, and request that my name be printed upon the official
.b. allo_t f.or that particular office in the next city election. I ~ a qualified voter of
me State of Texas, and am and have been a bonafide remdent of the City of
College Station, Texas for at least one (1) year. I am not in arrears in the
.pa .~.e.n.t o.f any taxes ..or '~l~..~ty due the ~fty, n_or am I otherwise disqualified or
ineligible to serve on me City Council if elected.
I reside at , Precinct , College Station, Texas.
Signed "
City Council Wo.r.k~hop Meeting
Wednesday, April 9.4, 1991
Page 8
Section 112 - Recall Petitions
The recall p. etition to be effective must be returned and filed with the City
,S.e.cre,ta..~ ~t.h.~ thirty .(30) days after the filing of the affidavit required in Section
~ ~ ~ o~ m~s ~ruc~e and it must be signed by qualified electors of the City equal in
n_u. mbe. r to at l.east forty percent (40%) of. ~e total number of votes cast for the
omce ut question at the last regular mumc~pal election at which
::~.~e-eleete~,-t~ev~e&-hc:;-~::r ~:t-J~-4he-eaae-~f-lhe-,~ea~-ef-Lh: rr~ayo~-o~
other- eou~toJl:me~,-_~M-.tse&tion -she:Ll-.eonteb~-the- ~es..af- at~4ea~-~o~
per-e~__~t-~44~/0-)--et:4aa-quatmea-elemer~-.ot~-t~e-C~ ...~t-shaa the office in auestion
was filled; and to conform to the provisions of Section 101 of ti~ Article. No
petition papers shall be accepted as part of the petition unless they bear the
signatures of the City Secretary as required in Section 111 of this Article.
Council accepted staff's changes.
Councilman Birdwen discussed Section 8, Change of Ward Boundaries, and
Section 39, Disabled Employees, Pensions and Insurance. No changes were
made.
Section 131 - Personal Interest.
Councilman Birdwen moved to delete section 2 of the prop. ose.cl, change and ask
staff to look at the personnel policy manual for .further clarification. The motion
was seconded by Councilman Brown. The motion carried unanimously, 6-0.
No. me .mb.e.r .of the. C..ity Cou~.cfl_. or any officer or employee of. the City shall have
a nnanc..m.~ utterest curect or redirect or by reason of owne. rsMp of stock in any
co..rporauon, in any contract with the City, or be financial interested dir.ectly or
indirectly in the sale to the City of a~_y land, materials, supp.lies or serwces
.except on behalf of the City as an officer or employee; prov~decl, however, that
?e provisions of ~ section sh. all only be applicable_ when_the st..ock owned by
me omc.e.r or emp~oy..ee excee..~s one (1) p~cent of the total capital stoc. k of the
corporation. Any willful violation of this section constitute malfeasance ut office
~nyY o.ffi?e..r or e_m. ployee guilty thereof shall thereby forfeit his office or position.
womuon of this. section wi!.h the.knowle~.ge expressed or implied of the
person or corpor.a, uon contr, acttng w~th the CW shall render the contract
.voidable by the C~ty Council or City Manaaer. An emolovee of the City
mu-uediately forfeits employment with the city if:
candidate for the election to the Colleqe Station City
Mayor Ring.er noted that the council addressed the sections prioritized by the
Charter Review Committee.
City Council Workshop Meeting
Wednesday, April 24, 1991
Page 9
Councilman Btrdwen referred to Section 35 - Procedure for Passage of
Ordinances.
CounciLman Birdwell moved to add to Section 35 the requirement that
ordinances be read on two readings before final passage unless a council
unanimously suspends the rule to pass the ordinance on the first reading. The
motion was seconded by Councilman Schneider.
Councfl.m...an. Mcnhaney agreed with Mr. Birdweli's suggestion. However, she
thought it nught be better addressed in city policy and procedure, rather than a
charter amendment.
The motion .wa.s def_e, ated by a vote of 2-4.
FOR: Councilmen B~rdwen and Schneider
AGAINST: Mayor Ringer, Councilmen Mcllhaney, Brown, Crouch
Discussion was held on residency requirements for appointed officials. No
change was made.
C. ouncilman Birdwen moved to hold a charter election at the .n. ext g.e.n, eral .
elec~on in May, 1992. Councilman Crouch seconded the motion which camed
unanunously, 6-0.
_Aaenda Item No. 5 - Council Conc~.
Councilman Mcnhaney reported that she has received numerous calls about the
inte..rse, c~on o_f Ro. ck, .Prairie Road and the East Bypass access road. Mr. Ragland
repnecl that the start nas contacted the Highway Department regarding the
problems at this intersection.
Councilman Crouch mentioned that a citizen contacted her expressina concern
about the children who are crossing Rock Prairie and Rio Grande. St~dt' clarified
that sch.ool.zones are the o~y signage that will be put near the schools. Ms.
Crouch indicated that the cltizen was concerned that the school crossing guard
was not properly doing his job.
Councilman Brown reported that a citizen from Medina. Drive neighborhood
~e.xpress..e.d conc. e.rn .a~..out the A&.M shuttle buses traveling along Medina Drive.
mayor ranger statea mat he received a letter and win respond to the citizen.
Councilman Birdwell noted that the recycling particil0ation has dropped 20
~).erc..e. nt: He urged the staff to. promote bette-r-participation. --
xwr. ~irawell also mentioned his concern about the procedure for hotel
reservations for the upcoming TML meeting.
Student Gov't LJ~on Trey Jacobson reported that this is his last week to serve
as TAMU Liaison. He stated that he has enjoyed serving as li~on.
Mayor Ringer mentioned that the TML meeting for councilmembers will be held
in Galveston, June 21-23.
City Council Workshop Meeting
Wednesday, April 24, 1991
Page 10
a¥or Ringer announced ~at the War. on Drugs Committee has expressed a
es]re to make a presentatio..n, to the city councils of Bryan and Coliec~e Station,
and school.boar.ds of both citzes, Texas A&M University, and Brazos County.
The Council replied that a breakfast meeting would be a good time.
Aaenda Item No. 6 - City Manager Concerns.
City Manager R. agland reminded the Council of the John Carver government
workshop meeting in Georgetown on June 7th.
Ammda Item No. 7 - Adjourn.
Mayor Ringer adjourned the meeting at 6:05 p.m.
ATTEST:
Gity Secretary Connie Hooks
APPROVED: