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HomeMy WebLinkAbout02/12/1987 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF MEMBERS PRESENT: VISITORS PRESENT: Mayor Ringer, Councilmen Boughton, Jones, Haddox, Tongco, Bond Councilman Fred Brown City Manager Cole, City Attorney Locke, City Secretary Jones, Interim Director of Planning Callaway, Zoning Official Kee, Director of Capital Improvements Ash, Deputy Finance Director Schroeder, Public Information Officer Calliham, Administrative Assistant Magoon, City Engineer Pullen, Purchasing Agent McCartney, Council Coordinantor Hooks See guest register. Agenda Item No. 1 - Approval of the minutes of the City Council Workshop Meeting, January 21, 1987 and the City Council Regular Meeting, January 22, 1987. Councilman Boughton corrected the wording in paragraph two on page 8 of the workshop minutes to read that the sign is a "No right turn on red" sign rather than a "stop sign". Councilman Boughton moved approval of the minutes. Councilman Tongco seconded the motion, which was approved unanimously, 6-0. AGenda Item No. 2 - A public hearing on the question of rezoninG a 3.0 acre tract located along the north side of Graham Road 400' west of Texas Ave. from A-O Agricultural-Open to C-2 Commercial Industrial. Interim Director of Planning Jim Callaway explained the request. The tract is described as 435 feet of frontage along Graham Road and 310 feet in depth off of Graham Road. The subject tract is zoned A-0. This area is the existing site of the Winslow Paint q06033 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 2 and Body Shop. The tract is located in an area which is predom- inantly undeveloped and is reflected as commercial on the land use plan. The staff and the Planning and Zoning Commission recommended approval. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 3 - Consideration of an ordinance rezoning the above tract. Councilman Boughton moved approval of Ordinance No. 1694 rezoning the 3.0 acre tract located along Graham Road from A-O Agricul- tural Open to C-2 Commercial Industrial. The motion was seconded by Councilman Haddox, and was approved unanimously, 6-0. Agenda Item No. 4 - A public hearing to consider an amendment to the Zoning Ordinance No. 1638 which would provide for signage in mobile home parks. Zoning Official Jane Kee came forward to explain that the pro- posed ordinance was requested by the Council after the Zoning Board of Adjustment heard a variance request for signage from the Oak Forest Mobile Home Park. She explained that the current sign regulations do not make any provisions for signs at mobile home parks. This ordinance allows one identification sign up to 100 square feet in area and 10 feet in height to be placed 10 feet from the right-of-way in any mobile home park. She stated that the staff and Planning and Zoning Commission recommended approval. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 5 - Consideration of an ordinance amending the Zoning Ordinance No. 1638 providing siGnage parks. in mobile home Councilman Haddox moved approval of Ordinance No. 1695 amending the Zoning Ordinance No. 1638 to provide signage in mobile home parks and allowing one sign up to 100 square feet in area and 10 q06034 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 3 feet in height to be placed 10 feet from the right-of-way of any mobile home park. Councilman Bond seconded the motion which was approved unanimous- ly, 6-0. A~enda Item No. 6 - Consent A~enda: PLATS: Revised Final Plat, Southwood Valley Section 28. BIDS: ~87-25 Miscellaneous Furniture - Police Building Nixdorf Disk Drive - Police Department Councilman Bond asked to remove Bid #87-25. approved by common consent. Ail other items were City Manager Cole noted that an additional cover sheet was given to the Council prior to the meetinG and that Purchasing Agent McCartney was present to answer questions. Councilman Bond asked for clarification of the bids from Maniord Office Supply and News Office Supply. Ms. McCartney stated that the award was split. The total amount of the award is $$55,380.96. She stated that News Office Supply did not bid on four of the sixty items, approximately $4500.00, and Maniord Office Products did not bid on two items. Councilman Bond asked if the items were chosen individually as determined by low bid on each item. Purchasing Agent McCartney stated that staff is recommending all low bids except for two items, item 14 and item 30. On these two, the high bids are the same type of brand as the other items. Ms. McCartney noted that each supplier has been contacted, and no problem is involved in splitting the award. Councilman Bond moved approval of the expenditure of $55,380.96, to include items bid by Maniord Office Products for $32,013.64 and News Office Supply for $23,367.32. The motion was seconded by Councilman Boughton, and was approved unanimously, 6-0. Agenda Item No. 7 - Consideration of a resolution requested by MADD in support of legislation to ban open containers of alcohol in motor vehicles. Dr. Kirk Brown, president of MADD organization, came forward to address this item. He explained that this is the third attempt by MADD toward prompting the Texas legislature to pass a bill 06035 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 4 banning open containers of alcohol in motor vehicles. The local MADD organization is requesting the City Council's support of the proposed resolution. Councilman Haddox pointed out that the open container law would be enforced against not only the driver but also the passengers. Dr. Brown stated that 39 states have laws which restrict open containers of alcohol from the passenger compartment of the car. Councilman Tongco asked if this legislation would include motor home vehicles. Dr. Brown replied that the law would pertain to only a driver's compartment; he commented on differences where the compartment is not accessible to the persons drinking. Councilman Haddox commented that California does not permit con- sumption of alcoholic beverages in a chauffeured limousine. Dr. Brown pointed out that the concept of the MADD organization is against drinking while driving. Councilman Tongco asked why public thoroughfares did not define streets going to the beaches or parks. Dr. Brown stated that they wanted to specify beaches and parks, because many people drive along beaches and drive through the parks. Councilman Haddox gave an example to illustrate his opinion that the proposed legislation would penalize responsible citizens while attempting to reach those who behave irresponsibly. He commented that he feels the drunk driver should be penalized and not the driver who is driving in a responsible manner. He added that this legislation would unfairly punish everyone in order to catch the drunken driver. Dr. Brown responded that many laws re- quire that individuals give up certain rights to protect the rights of society. Councilman Bond asked if the previous bills proposed dealt with the issue of vehicles only in operation. Dr. Brown responded that the previous two bills and this proposed bill deal with vehicles only in operation. Councilman Tongco moved approval of the resolution to ban open containers of alcohol in motor vehicles in operation on public thoroughfares, beaches, and parks. Councilman Bond stated his concern about the City Council's re- solving to the legislators that they be the sponsors of this 06036 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 5 legislation. He asked that the word "sponsor" be deleted from the resolution. Councilman Bond seconded the motion by Councilman Tongco. Councilman Bond moved to amend the motion to aDprove the reso- lution, by striking the word "sponsor" in the last paragraph of the resolution. Councilman Tongco seconded the amendment to the motion. Mayor Ringer also stated his concern to delete the word "sponsor" from the last paragraph. The motion was defeated by a tie vote of 3-3, as follows: FOR: Mayor Ringer, Councilmen Tongco and Bond AGAINST: Councilmen Haddox, Boughton, and Jones Mayor Ringer asked for a vote on the main motion to apDrove the resolution inserting the words "in operation" after the words "motor vehicles", and retaining the word "sponsor" in the last paragraph. The motion was defeated by a tie vote of 3-3, as follows: FOR: Mayor Ringer, Councilmen Tongco and Bond AGAINST: Councilmen Haddox, Boughton, and Jones Agenda Item No. 8 - Consideration of a resolution approving the assignment of McCaw BCS to Cooke Cablevision, Inc. Mayor Ringer stated that this action derived from the purchase of McCaw Cablevision by Cooke Cablevision who will assume this agreement. The Franchise Advisory Committee recommended approval of this resolution. Mayor Ringer asked staff if this change affects the city's status in the question of the ability of the City to regulate fees and to challenge the effective competition issue. City Attorney Locke stated that litigation concerning the definition of ef- fective competition is currently being discussed by the first circuit court. Councilman Haddox asked how many years are in the agreement. Ms. Locke replied that seven years remain in the 10-year agree- ment. 06057 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 6 Councilman Tongco moved approval of Resolution No. 02-12-87-08 for assignment of McCaw BCS to Cooke Cablevision, Inc. Councilman Boughton seconded the motion, which was approved unan- imously, 6-0. Agenda Item No. 9 - Consideration of authorizing the City. Manager to sign an agreement with the Brazos Valley Community Action Agency. Mayor Ringer noted that this agreement is related to the distri- bution of food commodities under the Emergency Food Assistance Program to eligible individuals in College Station. This agree- ment is for the year 1987 and it is the same agreement used in previous years. Counciman Haddox moved approval to authorize the City Manager to sign an agreement with the Brazos Valley Community Action Agency. Councilman Jones seconded the motion, which was approved unan- imously, 6-0. Agenda Item No. 10 - Consideration of a proposal for performing ~eotechnical investigation and en~ineerin~ services in relation to the city landfill. City Manager Cole stated that this item has been underway at the city landfill for several years. This project includes rechan- nelizing the creek which runs through the south part of the land- fill. He noted that this entitles fourteen acres of additional land for landfill use, constituting four more years of use. Mr. Cole noted that the information is to be sent to the Texas Department of Health along with the engineering analysis. The contract would involve hiring Riewe & Wischmeyer to conduct the enqineering analysis. Councilman Haddox asked if the change would result in $70,000 savings in the next 10 years. City Manager Cole stated that the change would give the City 14 acres for a maximum cost of $16,000. He stated that the $70,000 relates to the groundwater sampling. Mr. Ed McDow, of Riewe & Wischmeyer, explained that the first part of the permit is getting the additional 14 acres approved by the State and the second part is getting the annual groundwater sampling and analysis. Mayor Ringer Dointed out that this is 14 06038 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 7 acres owned by the City. Councilman Tongco asked why the ground- water testing was changed. Mr. McDow replied that the current permit was issued to the City to do groundwater monitoring using a resistivity method of sampling to satisfy the State's prefer- erence. However, EPA is saying that monitoring methods are an easier way and avoid the need for annual resistivity surveys. The monitoring methods will handle the changes in the clean water laws being proposed by the EPA. Councilman Bond asked if capital monies will need to be spent for the wells. Mr. McDow stated that $20,000 will be needed. He explained that the $70,000 takes into consideration the placing of wells. He pointed out that if the wells are installed, the City could save $70,000 over the next 10 years. Councilman Bond asked if this project is a preventive measure be- cause of EPA standards. Mr. McDow stated that it is in the city's best interest to change to monitoring wells, because doing so will save the City in the long run. Councilman Bond asked how much the annual soil resistivity surveys cost. Mr. McDow replied that the cost is $10,000-$15,000 per year. Councilman Haddox asked for the costs of permit amendment and engineering services to be performed. Mr. McDow replied that the permit amendment and engineering services total $16,000.00; he pointed out that the State requires a filing fee which is the difference between the engineering costs of $12,400.00 and the $16,000.00. Councilman Tongco moved approval of the proposal for performing geotechnical investigations and engineering services for $16,000.00. The motion was seconded by Councilman Boughton and carried unanimously, 6-0. Agenda Item No. 11 - Consideration of an ordinance ordering an election to be held on April 4, 1987, for the election of a City Councilman, Place 1, City Councilman, Place 3, and City Council- man, Place 5. City Secretary Dian Jones pointed out that a temporary change in Precinct 10 polling place was proposed because of the current status in construction at the police building. The place of voting will be in the city warehouse and the route will be well- marked by "Vote" signs. She stated that the contract with the Texas Voting Systems is for a total of $5,800.00, to be divided between the city and the College Station Independent School District. "06039 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 8 Councilman Boughton moved approval of Ordinance No. 1696 ordering an election to be held on April 4, 1987. Councilman Bond seconded the motion which was approved unanimously, 6-0. Agenda Item No. 12 - Consideration of bids for liability and property insurance coverages. Deputy Finance Director Glenn Schroeder came forward to answer questions about the bids. Mayor Ringer asked Councilman Haddox if he still had reservations toward self-insuring. Councilman Haddox responded that the general liability and property damage loss experience looks excellent; the only bad loss experience is automobile liability. Councilman Haddox asked what is the re- serve in automobile liability. Mr. Schroeder replied that there is a $100,000 reserve for police pursuit. Mr. Schroeder replied that when the self-insurance proposal was made last April, these same dollars would have been put in the budget to build up a re- serve to handle any kind of claim. The only susceptibility is that large claims could occur before the reserves are built up. Councilman Haddox moved approval to award the bid of Employers Insurance for the Public Officials liability with a one-million dollar limit, $25,000.00 deductible, and a premium of $17,059.00; the Police Professional liability coverage with a one-million dollar limit, $25,000.00 deductible, and a $65,677.00 premium; the Automobile liability with a one-million dollar limit, $1,000.00 deductible, and a premium of $74,670.00; and, the Auto Physical damage with a $1,000 deductible and a $29,380.00 pre- mium. Award of bid to Firemen's Fund for coveraqe of the Con- tractor type equipment with a $5,000.00 deductible and a premium of $8,042.00. Award of bid to Employers Insurance for the prop- erty damage with a $20 million coverage, a deductible of $10,000.00, and a premium of $47,640.00; the extra expense for $500,000.00 limit, for $78.00 premium, $10,000 deductible; and, valuable papers with a $100,000.00 limit, for $40.00 premium with a $10,000.00 deductible. Councilman Bond seconded the motion, which was approved unan- imously, 6-0. Agenda Item No. 13 - Consideration of a request to designate 8101 East B~-Pass as a temporar~ location qualified for the sale of alcoholic beverages. Mayor Ringer explained that the church has scheduled a fund- raising event for Sunday, March 1, and is proposing to sell q06040 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 9 alcoholic beverages. As the City Ordinance relating to alcoholic beverages prohibits sale of same within 300 feet of a church, St. Thomas Aquinas Catholic Church requested that their location be allowed a variance on a temporary basis to permit the sale of alcoholic beverages. He noted the church will provide the re- quired police protection. Councilman Haddox moved approval of the variance requested by St. Thomas Aquinas Church to allow the temporary sale of alcoholic beverages. Councilman Tongco seconded the motion. unanimously, 6-0. The motion was approved A~enda Item No. 14 - Consideration of request to designate the College Station Community Center on Jersey Street as a temporary location qualified for the sale of alcoholic beverages. Mayor Ringer explained that the request was submitted by the caterer who will be serving the persons attending the Art Auction Benefit being sponsored by the Civic Association for the benefit of the College Station Library. Councilman Bond asked if the Community Center permits the use of private parties to serve alcoholic beverages, as long as it is not sold. Mayor Ringer replied affirmatively, and commented that his question is in relation to the next agenda item. Councilman Jones moved approval of the request to designate the Community Center as a temporary location qualified for the sale of alcoholic beverages. Councilman Boughton seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 15 - Discussion of designatin~ the College Station Community Center on Jersey Street as a permanent location qualified for the sale of alcoholic beverages. Mayor Ringer explained that the state regulations for the sale of alcoholic beverages sometimes result in inconsistences concerning the legal use of alcoholic beverages at functions in the Com- munity Center. He pointed out that under the city ordinance, parties using the Community Center may consume but not sell alco- holic beverages. Through the use of examples, he illustrated CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 10 how some users may be unaware they are technically selling and therefore need a temporary permit from the State. Mayor Ringer noted how violations of the ordinance occur in an inadvertent sense, as a result of the complexities in the Texas Alcoholic Beverage Code. Mayor Ringer mentioned two alternatives. 1) The Council may not decide to change the ordinance, and ask the staff of the Com- munity Center to be aware and to alert persons; therefore, the individual would apply for a permit from the State and would be denied on the basis that it is in violation of the City ordi- nance, and the individual would then appear before Council re- questing a variance. 2) The Council could grant the Community Center a permanent variance from the ordinance, thus allowing the State to issue temporary permits for the location. Councilman Haddox asked if anyone has previously asked for a variance request. Mayor Ringer replied that he has never seen a variance request of this nature. Councilman Haddox asked if the City has the right to refuse anyone from leasing the space. Peggy Calliham replied that it is open for the public. Mayor Ringer asked staff if there have been situations where the individual was inadvertently selling alcoholic beverages. City Secretary Jones replied that Mr. Morrison of Epicures Catering indicated to her that he has catered previous occasions at the Community Center. Dr. Kirk Brown pointed out that the individuals who use the facility should provide some assurance they will assume the liability. Mayor Ringer commented on the requirement that police be present at the Community Center wherever alcoholic beverages are being provided. Councilman Haddox asked staff to look into the possibility of preparing an amendment to Ordinance No. 1430 that would avoid problems for individuals seeking a variance for use of the Com- munity Center. Mayor Ringer added that there are a large number of school children in the area and the Council may want to con- sider restricting the hours. Also, the Teen Club meets at this facility. City Attorney Locke stated that she would look into the issue of police control and the liability involved. .06042 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 11 Agenda Item No. 16 - Consideration of authorizing funding for Redmond Terrace Waterline Replacement Pro~ect. C.I.P. No. R-87-00-01. Director of Capital Improvements Elrey Ash explained the location of this item. This project consists of a 6" waterline in the Redmond Terrace area, placed in 1957. A number of problems have arisen because the waterline is cast iron and has suffered dete- rioration with numerous leaks, blowouts, etc. The staff is pro- posing to replace 1650 ft. of the 6" line with PVC pipe. The monies are available in the Unencumbered interest earnings, 1981 revenue bonds. The staff is requesting $72,150.00 for the re- placement of this line. Councilman Bond asked if there will be interruption of service. Mr. Ash replied negatively. Councilman Haddox asked if the home- owners will have costs from the project. Mr. Ash replied nega- tively. Councilman Bond asked if there w~ll be a problem getting water to the schools. Mr. Ash replied there should be no prob- lems. Councilman Boughton moved approval of the $72,150.00 funding re- quest for the Redmond Terrace Waterline Replacement Project. The motion was seconded by Councilman Haddox, and carried unan- imously, 6-0. Councilman Bond asked if any other lines in the City are genera- ting similar problems. Mr. Ash replied that there are other lines which are the same age, but they have not yet experienced these problems. Agenda Item No. 17 - Consideration of authorizing funding for Jersey Street Waterline Replacement Pro~ect. C.I.P. No. R-87-00-02. Mr. Ash stated that staff is proposing to replace the existing 8" cast iron line with PVC waterline for $124,500.00. Councilman Haddox moved approval to authorize $124,500.00 funding for the Jersey Street Waterline Replacement Project, C.I.P. No. R-87-00- 02. Councilman Boughton seconded the motion which was approved unan- imously, 6-0. no6o43 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 12 A~enda Item No. 18 - Consideration of bids for Wayne Smith Park construction, 401 Luther Street. Assistant Director of Parks and Recreation Tony Cisneros came forward to present this item. He explained that Wayne Smith Park project was put aside for a couple a years, because the recon- struction and redevelopment of Lincoln Center was underway at that time. Since then, the construction documents were prepared and bids received. The staff is asking for consideration of these bids. Councilman Haddox asked if the difference between the original budget of $52,849.50 and the recommended bid of $75,933.00 in- cluded the basketball court. Mr. Cisneros replied that the sub- stantial cost difference is the basketball court, with added ir- rigation. He stated that there is a demand for a basketball court in that area of town. This project is funded under the Community Development Block Grant Fund. Councilman Bond asked if this park is located where the Little League Park was. Mr. Cisneros replied affirmatively and noted that the Wayne Smith plaque and dedication will be at the park. Mayor Ringer asked if there are any plans for the Fairview Park. Mr. Cisneros replied that it will stay as a practice area. Councilman Boughton moved to approve the low bid of $75,933.00 to Diamond Construction for the construction of Wayne Smith Park. Councilman Haddox seconded the motion which was approved unan- imously, 6-0. A~enda Item No. 19 - Consideration of approval of proposed Parkland Dedication Fund projects. Mayor Ringer mentioned that the discussion of this item was held at a previous meeting and the question arose on the allocation of the interest monies in the funds. This proposal is a revision from the Parks Department. Steve Beachy, Parks and Recreation Director, presented this item. He explained that the interest funds were re-allocated ac- cording to the original zones. The project amounts are rough estimates and the overall projects were changed due to the re- allocation of interest money. For example, the Richard Carter q06044 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 13 Park amount was reduced, some of the interest money was re- allocated to the appropriate zone, mainly Southwood. Councilman Bond asked for clarification of the Georgie K. Fitch Park. Mr. Beachy stated that this park was recently developed with a basketball court, playground, gazebo with picnic tables, two practice fields, and wooded area. City Manager Cole addressed the item of Brentwood Park. He stated that this park is land in inventory and requires no main- tenance, yet it is kept presentable. Under this proposal, Brent- wood Park would be fully developed and would then require high intensity maintenance. Currently, the maintenance personnel in the Parks Department is fully used and the present condition of the budget does not allow for added maintenance persons. Mr. Cole stated that development of a new park at this time would be unadvisable. City Manager Cole pointed out that Councilman Brown has a special interest in the development of Emerald Park. No funds are avail- able in that zone for development, but possibly some monies might be diverted from bond funds, and the estimated costs are $5,000.00. Councilman Boughton stated that the Parks Board and Parks Dept. staff had a problem in allocating the interest money on the Brentwood area. Mr. Beachy stated there was discussion of using the money on the pond area near the Police Station. He noted that the time limitation to use this money is December 1987. Councilman Haddox commented that a few citizens have expressed the idea of beautifying the creeks at Holleman, Dartmouth and Texas Avenue. Mr. Beachy replied that the funds can be utilized within each zone. The north boundary of Brentwood Park has frontage on part of the creek. Mr. Beachy stated that money would be eligible in this zone. Councilman Haddox commented that this project would be an encour- aging start for the private owners to continue. Councilman Bond agreed and stated that using the money in this way to beautify the creek, would possibly allow low maintenance. Mr. Beachy stated that in this type of case, a series of meetings are held to determine what needs to be done. Mayor Ringer clarified that Councilman Haddox' suggestion is to use the money to develop a public walkway along the creek, or something to that effect rather than developing the park. 06045 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 14 Mr. Beachy mentioned the possibility of acquisition of land to the north of the creek between the creek and Holleman Drive. Mr. Cole suggested that this item be discussed at a workshop meeting. He also stated his opinion that the pond at the police department needed attention and will prove to benefit to children and their relationship with the police department. Mayor Ringer pointed out that the Eastgate Park is highly visible and he would like a plan to start irrigation and make this park attractive. Mr. Beach¥ stated that the Parks and Recreation has emphasized the concern to begin irrigating as much as needed, but a lot of maintenance is involved. Councilman Boughton moved to approve the Parkland Dedication fund projects with the exception of Zone 3 funds and request that other alternatives be discussed at a workshop meeting. Councilman Bond seconded the motion which was approved unan- imously, 6-0. Councilman Boughton suggested that the Council hold a joint work- shop meeting with the Parks and Recreation Board. Agenda Item No. 20 - Consideration of an ordinance authorizing the Mayor to execute an easement to General Telephone Company for the location of telephone lines to the Utility Service Center. Councilman Bond moved approval of Ordinance No. 1697 to execute an easement to General Telephone Company for the location of telephone lines to the Utility Service Center. Councilman Boughton seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 21 - Consideration of a resolution in support of legislation for the reform of tort law. Mayor Ringer stated that he received a resolution drafted by the Texas Civil Justice League, a supporter of tort reform. Council- man Bond presented the Council with a modified resolution and addressed the changes made. He stated that two "whereas" were deleted from the original resolution proposed by the TCJL. He felt the ideas in these two paragraphs were well covered and the resolution is "purer" from a city resolution standpoint; and, he deleted the words "and adopt legislation" from the last para- graph. 06046 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 15 Councilman Haddox introduced Chris Kling. Mr. Kling came forward to comment on the proposed resolution. He urged the Council to pass the resolution as submitted by the Texas Civil Justice League. He stated that the tort reform package contains 21 dif- ferent points and very few of these issues do not address the concerns of municipalities. Councilman Haddox noted that he agreed with Councilman Bond's proposal. Councilman Bond stated that this issue is debatable, and the two legislators are on opposite sides of this issue, in particular the two "whereas" paragraphs. Mayor Ringer concurred. Mayor Ringer emphasized three particular items of interest to the City and suggested this be included in a cover letter. 1) immunity for public officials, 2) that legislation would not make any distinction between governmental and proprietary func- tions, 3) joint and separate liability. Councilman Haddox moved approval to accept the revised resolution supporting tort reform accompanied by a cover letter to the legislators, listing the three items stated by Mayor Ringer. Councilman Tongco seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 22 - Hear Visitors. Charlie Marshall of 134 Luther, Apt. 292 came forward to request water service from the City. She discussed the background of her request. She had requested annexation at a previous council meeting and was told she needed signatures from 10 residents. These other residents do not want to be annexed. She noted that the city waterline passes through her property. Mayor Ringer stated that the other residents would need to be annexed in order for city water lines to serve her property; therefore, the others would need to be in agreement of annexation of their property. City Attorney Cathy Locke pointed out that Ms. Marshall is cur- rently in Wellborn area and the City would not be allowed to ser- vice her without approval of Wellborn Water Supply. Ms. Marshall mentioned that Wellborn Water Company would agree with the City Council's decision, if Council decided to service her water. 906047 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 16 Mayor Ringer asked staff to look further into this request. Tim Chinn of 1214 Munson came forward to request that the College Hills Sanitary Sewer Line Replacement Project be put on hold for a couple of weeks, so that he would have the opportunity to re- search whether the process of locating the sewer line in the street is the most cost effective route. Mayor Ringer stated that the costs for the sewer line placement in the backyard was $254,000.00 not including the expense of ac- quiring easements. Six residents indicated they would give ease- ments to the City, nine to eleven residents would negotiate with the City, and three would not negotiate. The estimated costs for placing the lines in the street was $342,000.00 which included $68,000 costs for re-routing the service lines, costs which will be recouped by the City. He noted that the vote count was twenty-two to twenty favoring those who wanted the lines in the street. The vote was thirteen to thirteen from residents who would re-route their lines from the back to the front. Council- man Haddox noted two stipulations for payment by the residents who will need to re-route their lines. Payment plans were set up for a period of five years, or a lien placed against the property and payment made when the property is sold. Mr. Ash stated that Mike Cronan, the project engineer, has begun the preparation of the plans and is in the process of securing surveying services. Mr. Chinn stated that he received all the letters, but was not aware that a final decision was being made at the workshop meet- ing the previous night. Mayor Ringer pointed out that the City will work with the resi- dents in every way possible to take the burden off the residents in the payments for re-routing the lines. A~enda Item No. 23 - Closed session to discuss pendin~ litigation [6252-17(2)(e)], and land acquisition [6252-17(2)(f)]. The council moved to closed session at 9:25 p.m. Agenda Item No. 24 - Action on closed session. No action was taken on closed session items. 06048 CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 PAGE 17 Agenda Item No. 25 - Adjourn. Mayor Ringer adjourned the meeting. APPROVED: ~r ATTEST: ' Dian Jo'he~, City Secretary 06049 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 12, 1987 7=00 P.M. e · 8 9 10 15. 18. 19. 20. 21. 22.. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 16. 33. 17. 34. 006053