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