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HomeMy WebLinkAbout08/27/1987 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 27, 1987 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Jones, Brown, Boughton, Gardner, Mc I lhaney, Haddox COUNCIL MEMBERS ABSENT: None STAFF PRESENT: City Manager Cole, Assistant City Manager Ragland, City Attorney Locke, Director of Planning Callaway, City Engineer Pullen, Director of Capital Improvements Ash, Utilities Office Manager Piwonka, Deputy Finance Di- rector Schroeder, Assistant Director of Parks and Recreation Cisneros, City Secretary Jones, Public Utilities Director Woody, Public Information Officer Calliham, Purchasing Agent Polasek STUDENT GOV'T LIAISON: Kevin Buchman VISITORS PRESENT: See guest register. AGenda Item No. 1 - Council Concerns. Councilman McIlhaney stated her concern for the safety of motorists at the intersection of Ponderosa and Highway 6, where construction has begun on the expansion project on Highway 6. She explained the problem and suggested that it be brought to the attention of the Highway Department. She reported that an individual inquired about a "No Smoking" ordinance in businesses and city facilities. Councilman McIlhaney noted that some businesses are handling this issue on a voluntary basis; she asked about the progress of the city's Task Force. City Manager Cole responded that the Task Force has completed their work and the Personnel Office is writing a policy; however, it will apply only to city employees in munic- ipal buildings. Councilman Haddox commended the city staff on their effort in communicating with local developers regardin9 the drainage program in the City. Councilman Boughton complimented the Energy and Utilities Staff for the newspaper advertisement for Energy Efficiency. Councilman Jones commented on the progress and nice appearance of the Police Pond project. CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 27, 1987 Page 2 Councilman Brown reported that the County Health Board has asked that the City of College Station deduct the fees which are col- lected by the Health Department, in order that the Health Depart- ment may obtain a cash flow. City Manager Cole responded that he foresees no problems, as long as the fees are deducted from the city's contribution. Mayor Ringer suggested that a periodic report be supplied to the Council. Student Gov't Liaison Buchman commended the city staff on the publication of the booklet entitled "Rating Apartment Efficiency". Mayor Ringer noted that the times for the first meetings in September have been changed to September 9, 1987 at 3:00 p.m. and September 10, 1987 at 6:00 p.m. The council agreed to change the first October meeting to Wednesday, October 14, 1987; the October 14th meeting will replace the council meetings of October 7-8. Agenda Item No. 2 - City Manaqer Concerns. City Manager Cole reported no concerns. Agenda Item No. 3 - Approval of the minutes of the City Council Workshop Meeting, August 12, 1987 and the City Council Regular Meeting, August 13, 1987. Councilman McIlhaney corrected the August 13th minutes by adding a sentence to Agenda Item No. 4 to state that the Council re- sponded to GTE's comments by explaining that the City conforms with the State Statute regarding acceptance of the low bidder. Councilman McIlhaney moved approval of the minutes as corrected. Councilman Boughton seconded the motion which was approved unan- imously, 7-0. Agenda Item No. 4 - CONSENT AGENDA: BIDS: #88-4 - Miscellaneous Furniture for Utility Service Center. The above item was approved by common consent. AGenda Item No. 5 - Consideration of request from Gary Kappe] that a POW-MIA flag be flown at City Hall and the Police Build. inD. Mr. Gary Kappel presented a brief background for his request and asked that the City fly the POW-MIA flag to promote public CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 27, 1987 Page 3 awareness. He pointed out that the flag is being flown at the State Capitol and at the Bryan City Hall. During general discussion about the proposal, concern was expressed that the city could receive similar requests in the future; councilmembers noted that guidelines should be established. Mayor Ringer suggested that the City Affairs Committee meet to discuss this possibility and to draft a policy for Council's consideration. He requested the city manager to appoint a member of the staff to work with the committee. Councilman Haddox moved that the POW-MIA flag be flown for one year, September 1, 1987-August 31, 1988, at the City Hall and at the College Station Police Building. Councilman Brown seconded the motion which was approved unanimously, 7-0. AGenda Item No. 6 - Consideration of proposals submitted for the sale or lease of cit~-owned tract of land located at 101 Church Street (Lots 1 through 11 and Lot 22 of Block 1 of the Bo~ett Addition). City Attorney Locke stated that the city received only one pro- posal, a package from Donald and Cheryl Anz. She described the four options the proposal offered, two to purchase and two to lease. The council discussed the options for the sale. Councilman Brown pointed out that the purchase price offered was too low; the council concurred. Councilmembers held a general discussion on the options to lease. Mr. Anz was invited to speak; he stated that he would be willing to negotiate on the time period for the lease. Councilman Brown suggested a five-year lease with a five-year option to renew. Mr. Anz stated that it would be acceptable to him. Councilman Gardner inquired about the possibility that the property had been included in the long range plans previously proposed for the North Gate area. After further discussion by the Council and applicant, Councilman Gardner moved to table this item and to direct city staff to work with Mr. Anz and develop a lease proposal with an acceptable time period. Councilman Boughton seconded the motion which carried unanimous- ly, 7-0. 06341 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 27, 1987 Page 4 Mayor Ringer asked that the Planning Staff provide the Council with the earlier information prepared in relation to plans for the North Gate. Agenda Item No. 7 - Consideration of an ordinance agreeing to participation b~ th~ Cit~ of College Station with Area Progress Corporation in the Construction of Birmingham Drive. CIP Director Ash presented the item. He explained that the proposed agreement with Mr. Fitch would allow extension of 365 feet of Birmingham Drive to the city's property line at the Utility Service Center. He noted that the city's costs in this project would be the city's share of the roadway to reach the Utility Service Center. He added that this extension will allow an alternative access to the Utility Service Center. Mayor Ringer pointed out that according to the proposed ordi- nance, the City's participation cost will not exceed thirty percent of the total construction cost. Councilman Boughton asked if many heavy trucks will be traveling Birmingham Drive. Mr. Woody replied that city vehicles will be using Birminghman Street for direct access to the Utility Service Center. Councilman Boughton moved approval of Ordinance No. 1721 agreeing to participation by the City of College Station with Area Progress Corporation in the construction of Birmingham Drive. Councilman Jones seconded the motion, which was approved unan- imously, 7-0. Agenda Item No. 8 - Consideration of an ordinance amending Chapter 11, Section 1D relating to utility deposits on commercial and industrial accounts. Utilities Office Manager Piwonka presented the item. She ex- plained that the amendment will provide an additional option for utility deposits placed on commercial accounts, by allowing the use of a surety bond. Councilman Haddox asked if the surety bond relates to only com- mercial accounts. He suggested that a stipulation be designated for the surety bond, to require that the insurance company have a "Best" rating. He stated that the bonding situation has become restrictive. 06342 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 27, 1987 Page 5 Mayor Ringer recalled past situations when the bonding company cancelled the bond before a company went bankrupt. Ms Piwonka stated that the bonding statement clarifies that a thirty-day Grace period is required before cancellation. Councilman Brown moved approval of the proposed ordinance with an addition to clarify that the insurance company be "licensed to do business in Texas, with a "Best" rating acceptable to the city staff." The motion to approve Ordinance No. 1722 including the stipula- tion was seconded by Councilman Haddox and was approved unani- mously, 7-0. Agenda Item No. 9 - Consideration of an ordinance establishing the purpose, membership, term of office, and duties of the Com- munit~ Center Advisor~; Board, and Proposed B~;-Laws. Tony Cisneros, Assistant Director of Parks and Recreation, explained the background of the Comunity Center Advisory Board and stated that the ordinance is proposed to designate formally the make-up and function of the the Board. Councilman Haddox noted that the City Affairs Committee had reviewed the proposed ordinance and by-laws and recommended several revisions to the draft, as follows: In the ordinance - the Advisory Board Chairman to be appointed "annually"; and, add the word "/her" after "his" as used in "his/her predecessor." In the by-laws - Section 2, "Term of office shall commence on June lst" instead of May lst; Section 4 shall include that the "by-laws are subject to ratification by the College Station City Council"; Article II, Section 3, Special Meetings, add "The notice of special meeting shall state specific items to be discussed. No items other than those designated in the notice may be discussed"; and, Article V, add "The by-laws amendments must be approved by the College Station City Council." Councilman Haddox moved approval of Ordinance No. 1723 to establish the Community Center Advisory Board and the By-laws including the recommendations of the City Affairs committee. Councilman Brown seconded the motion which was approved unani- mously, 7-0. 06343 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 27, 1987 Page 6 ; A~enda Item No. 10 - Consideration of 1987 tax rate, record vote, and settin~ a date ~or a public hearing. Deputy Finance Director Schroeder presented the item and explained the law concerning the public hearing. Councilman Brown clarified that city taxes will not be raised and will remain at the same rate. Councilman Brown moved to approve the 1987 tax rate of thirty-eight cents ($0.38). Councilman Haddox seconded the motion which carried unanimously, 7-0. Councilman Haddox moved to set the date of September 10, 1987, at 6:00 p.m., for the public hearing on the 1987-88 tax rate. Councilman Boughton seconded the motion, which carried unanimously, 7-0. A~enda Item No. 11 - Consideration of award of contract for Jersey Street Waterline Replacement Pro~ect, C .I .P. No. R87-81-02. City Engineer Pullen presented the item. He stated that the project consists of replacing approximately 1,430 feet of 8" cast pipe installed on Jersey Street. Three bids were received and the low bidder was Brazos Valley Utilities for $83,908.00. Staff recommended approval of the low bidder. Councilman Jones moved approval of award of contract in the amount of $83,908.00 for the Jersey Street Waterline Replacement Project, C.I.P. No. R87-81-02, to Brazos Valley Utilities. Councilman McIlhaney seconded the motion which was approved unan- imously, 7-0. A~enda Item No. 12 - Consideration of a request for abandonment of a portion of a ri~ht-of-w~ in the RepublicBank Addition, Lot 4. (Applicant: Richard Smith) City Engineer Pullen presented the item. He explained that the applicant has requested abandonment of one-half, or 20 feet, of a 40' wide right-of-way which was dedicated to the city when the medians were installed on Texas Avenue. The right-of-way serves as an access to Texas Avenue. He noted that there are no records of Council action to accept the dedication. The staff recommended acceptance of this request. "06344 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 27, 1987 PaGe 7 Councilman Haddox asked the City Attorney if the city would be responsible for injury which occurred on the city's portion (20 feet) of this street. City Attorney Locke replied that the city has a duty to maintain their portion of the riGht-of-way. Councilman Jones moved to approve the abandonment of the 20-foot riGht-of-way on Lot 4, Republic Bank Addition. Councilman BouGhton seconded the motion which was approved by a vote of six in favor of the motion, none opposed, and Councilman Brown abstaininG (6-0-1). Agenda Item No. 13 - Consideration of approval of East B~;pass - Emerald Parkway 12" waterline relocation. This item was withdrawn from the agenda. AGenda Item No. 14 - Hear Visitors. No one spoke. Agenda Item No. 15 - Closed session to discuss pending litigation [6252-17 (2)(e)] and personnel [6252-17 (2)(g)]. A. PendinG LitiGation [6252-17(2)(e)]. 1. LeGal Report B. Personnel [6262-17(2)(G)]. 1. Discussion of appointments to Citizens Committees. AGenda Item No. 16 - Action on closed session. The council moved to open session to announce the following appointments. Councilman Jones moved approval to appoint Marci RodGers to the Community Appearance Comittee. Councilman McIlhaney seconded the motion which was approved unanimously, 7-0. Councilman Brown moved approval to appoint David Pugh as a member of the Economic Development Foundation. Councilman Gardner seconded the motion which was approved unan- imously, 7-0. 06345 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 27, 1987 Page 8 Agenda Item No. 17 - Adjourn. The meeting was declared adjourned at 9:15 p.m. APPROVE D: Ma yo r~ ATTEST: Dian Jones, ~C~i'tI/ Secretary GUEST REGISTER CITY COUNCIL REGULAR MEETING THRUSDAY, AUGUST 27, 1987 7:00 P. M. m 16. 17. 18. 19. 20. 21. e ® 22. 23. 24. 10. 25. 11. 26. 12. 27. 13. 28. 14. 29. 15. 30. 006347