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HomeMy WebLinkAbout08/22/1985 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: STUDENT GOVT. LIAISON: VISITORS PRESENT: Mayor Halter, Councilmen Bond, Boughton, Brown, McIlhaney, Runnels Councilman Tongco 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, Utilities Office Manager Piwonka, Energy Specialist Shear, Pur- chasing Agent McCartney, Personnel Di- rector Dickson, Administrative Assis- tant Magoon, Council Coordinator Jones Mike Hachtman See guest register. A~enda Item No. 1 - Si~nin~ of a proclamation designatin~ the week of September 17 - September 23, 1985 as "Constitution Week" in College Station, 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- ent to accept the proclamation on behalf of the Daughters of the American Republic organization. Agenda Item No. 2 - Signin~ of a proclamation designating the week of September 23 - September 29, 1985 as "Brazos Arts Week" in College Station, Texas. 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 and Mrs. Gail Fitch were pres- ent to accept the proclamation on behalf of the Arts Council of the Brazos Valley. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 2 A~enda Item No. 3 - Approval of the minutes of the Workshop City Council Meeting, August 7, 1985 and the Regular City Council Meeting, August 8, 1985. Councilman Boughton stated that on the minutes of the Regular City Council Meeting, August 8, 1985, page 4, the word "tracts" should be corrected to read "tracks." Councilman Boughton moved approval of the minutes of the Workshop City Council Meeting, August 7, 1985 and the Regular City Council Meeting, August 8, 1985 as corrected. Councilman Brown seconded the motion which was approved unani- mously, 6-0. A~enda Item No. 4 - A public hearin~ on the question of rezonin~ Lot 2R Courtyard Apartments subdivision located on S.H. 30 proximately 224 feet west of the intersection of Stallings Drive and S.H. 30, from A-P Administrative-Professional to C-N Neigh- borhood-Business. Applicant is Texana Joint Venture. (85-116) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns Lot 2R Courtyard Apart- ments subdivision from A-P Administrative-Professional to C-N Neighborhood-Commercial. He listed the existing land uses in the area and noted that on the city's Land Use Plan this area is re- flected as high density residential. He stated that this request would not create a substantial change in zoning intensity. He further noted that the requested zoning is compatible with adja- cent zoning districts and land uses; in addition, it is intended to be placed in and adjacent to residential and multi-family res- idential areas. He stated that the Planning and Zoning Commis- sion voted (6-0) on 08/01/85 to recommend approval of this rezon- ing request with the stipulation that the access easement as platted on the eastern side of this lot is not included in the rezoning, and will remain zoned A-P. He stated that the appli- cant agreed to the stipulation as recommended by the Planning and Zoning Commission. He noted that the ordinance included in the packet reflects the deletion of the easement from the rezoning action as directed by the Planning and Zoning Commission. He ex- pressed the staff's support of the rezoning request as recom- mended by the Planning and Zoning Commission. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. 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 Planning and Zoning Commission, to present recommendation concerning a morato- rium on rezonings in the vicinity of Wellborn Road. 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: Dan MacGilvray, 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 uses in the area; (2) Consideration of the rec- ommendations of 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 are determined to be appropri- ate. He stated that in conjunction with the study and in order to maintain the status quo in the area during the study, 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 no time will the temporary suspension exceed a ninety day period. He noted that there were two dissenting votes cast for this motion 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 comments from the public. REGULAR CITY COUNCIL 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 southeast corner of Wellborn Road and Holleman Drive currently zoned Neighborhood- Commercial C-N. He noted that approved uses for a 2500 square foot convenience store, a 2500 square foot fast food restaurant, a car wash, a multi-pump gasoline facility and a 9000 square foot retail shopping center have been obtained for this property. He stated that a request to have this tract rezoned to Commercial C-1 has been submitted. He expressed his opposition to a morato- rium on rezoning requests in this area. He commented on the Council's recent action which granted Commercial C-1 zoning on the tract of land across the street from his property and ex- pressed his opinion that the placing of a moratorium on this area at this time would be very unfair. He explained that the deci- sion to rezone his competitor's property to Commercial placed him at a competitive disadvantage because of the greater signage ca- pabilities that are afforded Commercial C-1 as opposed to Neigh- borhood-Commercial C-N. He commented that land speculation could result in an increase in the city's tax base and spur development for the sagging economy. He further stated that placing a mora- torium on the Wellborn Road corridor will place an immediate un- due financial burden on his business. Mayor Halter requested an explanation from Mr. Broach concerning the differences between the the C-1 Commercial District and the C-N Neighborhood-Commercial District. Mr. Broach stated that the major difference is the signage capabilities allowed in each dis- trict. He noted that with C-N Neighborhood-Commercial zoning freestanding signs are prohibited. Mayor Halter stated that if the moratorium is granted by the City Council Mr. Broach could begin development of his project and no- ted that the signage of the property would probably be the last step. Mr. Broach stated that he would not proceed with the proj- ect until a commitment to rezone this tract to Commercial C-1 al- lowing the use of a freestanding sign is received from the city. Councilman Boughton asked if there would be any problems with the approved site plan for this project if at a later date the Coun- cil approved C-1 Commercial zoning on this tract. Mr. Broach re- plied negatively. Mr. Kelly Broach stated that the total project for this property is estimated at approximately $2,000,000.00. He explained that this type of business 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. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 5 A~enda Item No. 7 - Discussion and consideration of the above recommendation. Councilman Runnels stated his support of a moratorium on rezoning requests along the Wellborn Road corridor, but noted that he sym- pathizes with the Broach's situation. Councilman Bond concurred with Councilman Runnel's statement. He stated that out of a sense of fairness the moratorium should com- mence after a reasonable amount of time in order to allow those already involved in the rezoning process to complete it. Councilman Boughton expressed her concern with the fact that the Broaches originally had requested C-1 Commercial zoning on their tract of land, but compromised by accepting the C-N Neighbor- hood-Commercial zoning in an effort to work with the city. She stated that it does not seem fair that they should suffer and stated that she would like to see them exempt from the moratori- um o Councilman McIlhaney questioned whether the current rezoning re- quest for C-1 on the Broach tract had been before the Planning and Zoning Commission. Assistant Director of Planning Callaway stated that the C-1 rezoning request will appear before the Plan- ning and Zoning Commission on September 5, 1985, in addition to another rezoning request that is pending in this area. Councilman McIlhaney expressed her sympathy for the Broach's po- sition. She stated her support of the moratorium, but felt that the Broach tract should be exempt because of the action of the Council two weeks earlier when the property across Wellborn Road from their tract was rezoned to C-1 Commercial. City Attorney Locke suggested that the moratorium be placed on rezoning applications in the Wellborn Road corridor. Councilman Runnels moved that the city accept no rezoning appli- cations in the Wellborn Road corridor for a period not to exceed ninety days beginning at 12:00 midnight. Councilman Boughton seconded the motion which was approved unani- mously, 6-0. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 6 A~enda Item No. 8 - CONSENT AGENDA: BIDS: Thermographic Mobile Scan (Bid 86-2) Steel Drum Roller (Bid 86-5) Truck chassis & cab for high compaction refuse transporter (Bid 86-6) Rear loading high compaction refuse body (Bid 86-7) All-terrain excavating machine (Bid 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 - Lakeview Acres Lot 16A - 85-215 Final Plat - Southwood Valley Section 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 Bid 86-12 be removed from the consent agenda. Ail items not removed were approved by common consent. Bid 86-2, Ther,.ographic Mobile Scan Energy Specialist Shear noted that the Council approved the Ther- mographic Mobile Scan on 02/27/85. He explained that the mobile scan will take thermographic pictures of residential and commer- cial properties in College Station and will provide information to the citizens on ways to lower their electrical consumption. He listed two benefits of this program as follows: (1) energy conservation; and, (2) lowering of the city's demand. He pointed out that the system probably will pay itself back in one year. Energy Specialist Shear pointed out that the bid amounts for En- ergy Advancement and 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 the bids submitted by Earthscan and Abascus. Energy Specialist Shear stated that Abascus left their bid open- ended. He listed the different costs specified by Abascus and noted that they had requested an open book on the amount of time for completion of the project. In addition, Abascus specified a charge for computer software at cost. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 7 Purchasing Agent McCartney 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 Earthscan was within the amount designated for this project. Energy Specialist Shear replied affirmatively. Councilman Bond moved to approve Bid 86-2 for the 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 Roller Councilman Brown questioned the $11,300.00 difference in the bids. Purchasing Agent McCartney stated that the engine in the Ferguson equipment is smaller than what was specified. In addition, the weight capacity of the Ferguson equipment is several thousand pounds less than the roller weight specified in the bid document. Councilman Brown moved approval of Bid 86-5 for the steel drum roller as recommended by staff. Councilman Boughton seconded the motion which was approved unani- mously, 6-0. Bid 86-6, Truck chassis a cab for high compaction refuse trans- porter Councilman Brown asked a question concerning the specifications for the number of seats required and the price difference in the bids. Purchasing Agent McCartney noted that two passengers ride in these vehicles and both South Texas Kenworth and Bryan Mac Trucks submitted bids for vehicles with only one passenger seat. She noted that Bond Equipment provides two passenger seats, as well as the driver's seat. Councilman Brown stated that he understood that both South Texas Kenworth and Bryan Mac Trucks would install the additional seat. He questioned whether the city presently owns a Kenworth. REGULAR CITY COUNCIL 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 stated that if consideration is given to the offer from Bryan Mac Trucks to install the additional pas- senger seat the truck will have to be rebid because it represents the addition of specifications after the bids were opened. Councilman Bond moved approval of Bid 86-6 for the truck chassis and cab for high compaction refuse transporter as recommended by staff, noting that he has no connections to Bond Equipment. Councilman Runnels seconded the motion which was approved unani- mously, 6-0. Bid 86-9, All-terrain excavating machine Councilman Brown questioned how it was determined that the City of Bryan received a competitive price for their equipment. Director of Public Services Miller stated that the prices re- ceived by the Harris County Drainage District were higher than the price bid and noted that they purchased four pieces of equip- ment. Purchasing Agent McCartney stated that Tom Wilson, Purchasing Agent for the City of Bryan, informed her that they received an- other bid for $89,000.00, on equipment that did not meet the specifications. Councilman Boughton moved approval of Bid 86-9 for the all-ter- rain excavating machine as recommended by the staff. Councilman McIlhaney seconded the motion which was approved unan- imously, 6-0. Bid 86-12, Truck chassis for dump bodies - 2 each Councilman Brown questioned the price difference between the bids submitted. Public Services Director Miller explained the situation. He stated that local service is available for the Bond truck. He expressed his opinion that the Bond truck will stand more abuse and last longer. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 9 Councilman Bond referred to the practice 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 approval of Bid 86-12 for the truck chassis for dump bodies - 2 each as recommended by the staff. Councilman Runnels seconded the motion which was approved unani- mously, 6-0. A~enda Item No. 9 - Openin~ of bids for the purchase of Pecan Tree Park, a 0.687 acre park located in the Crawford Burnett League in College Station, Texas. Mayor Halter removed Item No. 9 from the agenda. A~enda Item No. 10 - Consideration of award of contract to pur- chase Pecan Tree Park. Mayor Halter removed Item No. 10 from the agenda. A~enda Item No. 11 - Consideration of an ordinance authorizin~ the Mayor to execute a Warranty Deed to the ~urchaser of Pecan Tree Park. Mayor Halter removed Item No. 11 from the agenda. A~enda Item No. 12 - Consideration of an ordinance providin~ for the creation of the City of College Station Franchise Advisory Committee. City Attorney Locke presented the item. She stated that the or- dinance provides for the appointment of a committee which will expire in two years. In addition, she noted that the ordinance authorizes the 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 that he did not have any strong opposition to the appointment of this committee, but expressed his opinion that the committee may not genuinely be needed. 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 Item No. 13 - Consideration of a resolution regarding pro- test of the Fair Labor Standards Act. Personnel Director Dickson presented the item. She stated that the proposed resolution protests the Fair Labor Standards Act, which places a financial burden on local governments. She stated that Senate Bill No. 1434 is currently 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 McIlhaney seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 14 - Consideration of a ~oint resolution in sup- port of the 1988 Texas Games. Parks Director Beachy presented the item. He explained that the Texas Games combine ten of the largest events under the jurisdic- 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 communi- ty. He explained that a bid to host the 1988 Texas Games will be presented at the Annual Meeting in Kerrville in September 1985. He further stated that if the bid is awarded then a finalized agreement on the administration of the Games will be negotiated between the four entities. Councilman Boughton moved approval of a joint resolution in sup- port of the 1988 Texas Games. Councilman Brown seconded the motion which was approved unani- mously, 6-0. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 11 A~enda Item No. 15 - Consideration of an ordinance vacatin~ and abandoning a portion of a public utility easement at 1204 Charles Court. City Engineer Pullen presented the item. He stated that within the referenced easement there is a twelve inch sanitary sewerline serving the Southgate Subdivision. 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 pointed out that abandoning the easement would not have any effect on the situation previously mentioned. He recommended that the Bee Creek interceptor program be altered, in an attempt to alleviate the piece of twelve inch sewerline that crosses Lots 6, 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 approximately $10,000.00. He further stated that the additional work would alleviate any structural problems that may exist as a result of the house being placed there and would allow the city to abandon the easement that runs from Lot 6 to Lot 8, thus mak- ing these properties less encumbered with easements. He ex- plained another alternative for providing relief of any structur- al problems associated with the line. He further stated that the only way he could recommend the abandonment of the easement would be if the Council requires the owner to hold harmless the city for any damage that might be incurred by the house as the result of a collapsed pipe in the line. M~yor 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 drafted to clarify that the city will 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 stipulation that the current owners and all future owners hold the city harmless in terms of any damage that might be incurred by the house as a result of a collapsed pipe in the sewerline. Councilman McIlhaney seconded the motion. Councilman Bond questioned how the Council could bind future own- ers of the property to this agreement. He stated that the min- utes should reflect that the city is disclaiming any liabilities associated with the house and they are being assumed by the prop- erty owners and its successor owners. The motion was approved by a vote of 6-0. REGULAR CITY COUNIIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 12 A~enda Item No. 16 - Consideration of a resolution authorizin~ the acquisition by voluntary purchase or condemnation of an ease- ment area owned by Clyde F. Goen in the Thomas Caruthers League. Mayor Halter removed Item No. 16 from the agenda. A~enda Item No. 17 - Consideration of a resolution authorizin~ the acquisition by voluntary purchase or condemnation of an ease- ment area owned by Edward M. Kelley and William N. Kelley, Jr., in the Thomas Caruthers League. City Attorney Locke stated that this easement is one of the last easements necessary for the construction of a transmission line which will parallel the Gulf States Utilities line currently ser- vicing the City of College Station. She stated that the line will be located between the GSU line and an Exxon utility ease- ment. Councilman Bond asked if this serves to represent an authoriza- tion to acquire the easement that was not previously had or is it authorization for condemnation resulting out of a failure to ac- quire the easement voluntarily. City Attorney Locke stated that it is authorization for condemna- tion that resulted out of a failure to acquire the easement vol- untarily. She located the easement on the map. Councilman Boughton moved approval of Resolution No. 08-22-85-17 authorizing the acquisition by voluntary purchase or condemnation of an easement area owned by Edward M. Kelley and William N. Kelley, Jr., in the Thomas Caruthers League. Councilman Brown seconded the motion which was approved unani- mously, 6-0. A~enda Item No. 18 - EMERGENCY ITEM: Consideration of an ordi- nance vacatin~ and abandonin~ a public utility easement at 2816 Henry Court. Councilman Runnels moved to declare Item No. 18 an emergency. Councilman Boughton seconded the motion which was approved unani- mously, 6-0. City Engineer Pullen presented the item. He located the easement on the subdivision plat. He stated that he reviewed the situa- tion with utility personnel and determined that there is no need REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 13 for the city to retain any of the easement surrounding this sec- 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 the ordinance is written abandoning the entire easement. Councilman Runnels moved approval of Ordinance No. 1609 vacating and abandoning a public utility easement. Councilman McIlhaney seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 19 - Hear Visitors. Mr. James D. Haeseker, 702#A Navarro, addressed the Council con- cerning the city's policy on electric 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 electricity would be disconnected on August 21st un- less payment in the amount of $200.00 was received to cover ad- ministrative costs. He stated that his electricity was discon- 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 situation. Utilities Office Manager Piwonka summarized the situation. She explained that when a meter has been tampered with it is pulled and a new meter is installed to the service. She pointed out 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 the electrical 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 the State Code which states that if the account is in an established name the individual is presumed to at fault until proven innocent in a 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 complaint is available for this charge. City Attorney Locke replied affirmatively. "' "' ;.:02 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 Manager Piwonka replied affirmatively. He expressed his opinion that the policy allows no room for any defense of the individual. Utilities 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 the city to defer me- ter tampering by imposing steep penalties. Mr. Haeseker stated he has a problem with the policy because the city maintains 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 Office Manager Piwonka, a representative from the Police Department, Assistant City Manager VanDever, Mr. Haeseker and himself to further discuss the matter. Mr. Haeseker concurred. A~enda Item No. 20 - Closed session to discuss pendin~ litigation [6252-17(2)(e)], personnel [6252-17(2)(~)] and land acquisition [6252-17 (2) (f) ]. A. Personnel [6252-17(2)(g)]. 1. Discussion of Administrative Appointments. 2. Discussion of Citizen Committee Appointments. B. Land Acquisition [6252-17(2)(f)]. 1. Parkland acquisition. The Council moved to closed session and later reopened to the public. A~enda Item No. 21 - Action on closed session. Councilman Boughton moved to appoint Dr. Thomas Lalk to serve as the city's representative to the Bryan/College Station Athletic Federation for a three year term that will expire in September, 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, Lauren D. Murphy, Steve Parker, Rusty Rush and Larry Ringer to the Franchise A~visory Committee to expire in two years. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 PAGE 15 Councilman Bond seconded the motion which was approved unanimous- ly, 6-0. Councilman Boughton moved to nominate Celia Stallings to the Bra- zos Central Appraisal District Board of Directors. Councilman Runnels seconded the motion which was approved unani- mously, 6-0. Mayor Halter announced that the position of Municipal Judge for the City of College Station is vacant and stated that the Council is receiving applications at this time to fill the position. He stated that applicants should be attorneys. Councilman Runnels moved to appoint Larry Ringer to serve as Chairman of the Franchise Advisory Committee. Councilman Boughton seconded the motion which was approved unani- mously, 6-0. A~enda Item No. 22.- Adjourn. Mayor Halter adjourned the meeting. Gary Hair, Mayor D'ian Jone~'ty Secretary GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 22, 1985 7=00 P.M. 4. ~ 19. 10. 25. 13. 14. 15. 28. 29. 30. 0052