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HomeMy WebLinkAbout03/14/1991 - Regular Minutes City CouncilCOUN~ MEMBEP, S PI~ESENT: _M. avor Rinoer, Councihnembers Brown, B~rc]well, N]cllhaney, Crouch, Gardner Councilman Schneider City Manager Ragland, Assistant City Manager Brymer, As....sistant _City Manager Woody, Executive D~rector Fiscal/Human Resources Harrison, Executive Director Management .S?rvices Piwonka, Ci~ Engineer p.ullen, Fire Chief Orange, ~eputy Finance D~rector Schro_e~..er, Asst. City Attorney Graham, Asst. City Attorney Coates, City Secretary Hooks Trey Jacobson See guest register. Ms. Barbara Jones of the Bryan/College Station Apartment Association accepted the proclamation. ..1) Approval of minutes for the Workshop Meeting, February ~.?, 1991, and the egular Meeting, February ~.8, 1991. . .... (~..2) Approval of a resolution to allo .w. ~e .increase of credit limit on city master cards by Brazos Valley Schools Cre~t umon. (~..3) Approval of a change order for =nprovements on Holleman Street, CIP Project No. ST-1007, total amount $18,983.59.. (~..4) Approval of Woodcreek Park Plan Development ($150,000 Capital .)rovement Bo.n.d Funds, 1990). . Consideration of .recommendation .to refun_cl 1989 property taxes to J.C. enney Company, Inc. ut the .a.~. ount of.$4,736.22.. . (9..6) Approval of Greens Prah-ie Electrical_.Subs_tatio.n Co.n_stru.c. tion. (~..7) Consideration of an ordinance .amending ~:hapter ,~, ;~ection, 9, oz ute Code of Ordinances regulating certain purchases and sales of used goods for the purpose of renumbering the section. PURCHASE REOUESTS (9..8) Reque?.t for purchase approval of one (1) Lube Truck Bed for land~ll operations, B~d #91-33. Funds are available as budgeted in the Landfill operations fund, staff rec.o, mmends award to Lube E~u. ipment Company, as low bidder meeting specifications, total purchase amount $11,8§0. City Council Regular Meeting Thursday, March 14, 1991 Page 2 (2.9) Re.quest for pu~..chase approval of two (2~) residential commercial medium compaction rear loading refuse collection b__odi.e.s, Bid #91-37. Funds are available as budaeted in the solid waste collection fund, staff re.c. ommends award to Davis Truck & Equipment as low bidder meeting specifications, total %urchase amount $4B,030. . _ ... .10) Request for purchase approval of BOO KVA distribution tr..m}sformers, ~ia_ 1-37, staff reconvnends award to low bidder Priester-Men & Nlcholson, total expenditures $19,292. PLATS %2.11) Replat of Block K of the Conege Statio.n Cemetery on Texas Avenu. e.. la~ Final Plat (Woodcreek) Stonebrook Drive Extension and Rock Prame right-of-way. (2.13) Final Plat - Woodcreek Section 4 & B Mayor .Ringer stated that editorial changes were made to the minutes. These corrections were placed at each councilman's chair for review. Mayor Ringer removed agenda items no. 2.?, 2.12, 2.13. The remaining items were approved by common consent. Agenda Item No. 2.7 - Consid.e. ration of an or..dinance .a~endina Cha~ter 4. Section 1 B, of the Code of Ordinances regulating certain purcliases and sales of used qoods for the purpose of renumbenng the section. Councilman Birdwen moved adoption of Ordinance No. 188B. The motion was seconded by Councilman Brown which carried unanimously, 6-0. Agenda Item No. 2.12 - Final Plat - ('~oodcreek) Stonebrook Drive Extension and Rock Prairie Road right-of-way. Agenda Item No. 2.13 - Final Plat - Woodcreek Section 4 & §. Mayor Ringer stated that this item was removed because of the concern for possible stubbed streets. City Engineer Pullen pointed out that there are streets in the development that will connect to streets in Foxfire, Faulkner and Foxfire Drive. Councilman McIlhaney moved approval of th.e above .final plats. The motion was seconded by Councilman Crouch wMch camed unammously, 6-0. Asst. City Attorney Neal .Coates. presented this item. He stated that Doux Chene Apts. have expressed the= des=e to locate cable service in each separate apartment for their t .~....~ts. He noted ~.at the City Charter re. quires a franchise agreement when a utility crosses a public street. The franchme fee of $1.00 per month is recommended. City Council Regular Meeting Page 3 Thursday, March 14, 1991 Councilman Birdwell asked for the justification of the $1.00 fee. Mr. Coates . replied that the fee win be cover the city's revenue which it is currently receiving from the cable company. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Councilman Brown moved to defer the request. He explained that other areas of the city may desire to make a similar change and this would affect the local cable company. He would 1L~ke to know the impact on the city if other areas choose to take the same action. The motion was seconded by Councilman Birdwen. Councilman Birdwen pointed out that if there are .no city streets to cross, an apartm.e~..t complex may proceed without a franchise, and comply with the rules for satellite dishes. Councilman Mcnhan.e~ stated that each r..e .que..st. for a franchise will be evaluated by the staff and considered by the council, mdividuany. She does not feel this request would set a precedent for other cn'cumstances that come forward. Councilman Brown withdrew the motion to defer. Councilman Birdweli withdrew the second to that motion. Cour}cilman Brown moved approval of the first reading of an ordinance to conmder a request for a franchise agreement with Doux Chene Apartments. The motion was seconded by Councilman McIlhaney which carried unanimously, 6-0. Councilman Brown stated that he would 1L~ke to know the impact if all the large apt. complexes decided to take similar action. Mr. Randy Rogers, General Manager of TCA Cable came forward. He stated that he is not against the city issuing additional cable franchises. He asked the council to carefully consider the options identifie, d by other cable companies. Fo.r instance, o.ne .c. able company may "cherry pick,' the densely populated areas w~thout the obhgation to build through the less densely populated areas. Mayor Ringer stated that if the city g~. a~..ted a franchise to serve a general area, that franchise agreement would be similar for any company. Mr. Nathan Guy of TCA Cable addressed the Council. He has no problem with the apartment complex offering their own cable service to their tenants. City Council Regular Meeting Page 4 Thursday, March 14, 1991 Staff was asked to look at the requirements for cable franchises and to be sure that the proposed ordinance also includes these requirements. /L,~___,4,, !_~t_ No. 5 - A ~-~,,~1~ h_~/lta f_~'_ ~_~__~,~__~_ O~ a ~ &m'eemeat with Pebble Creek GoM Coume - Ptrst of the Ordinance. Mr. Coates explained this item. He stated that the nature of this request relates to the unclean water at Pebble Creek Golf Course. This water will be used solely for. the purpose of irrigation. He noted that the proposed franchise payment ~s $10.00 per year. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Councilman Brown moved approval of the first reading of the ordinance for a franchise .a. greement at Pebble Creek Golf Course. The motion was seconded by Councilman Cardner. Councilman Btrdwell remarked that the city may .r, equire the owner to rel.o, cate his crossingin the future if the city decides to build a sewerline or wat~line. He noted that this person should be required to relocate at no expense to the cit~ _ .Counc'..~nan Mc]]haney asked staff to evaluate their time associated with ~ inspections of the property. ~.~. The motion carried by a vote of 6-0. Councilman Birdweil made a point of order. He stated that since this item was acted on at the last council meeting, the motion to reconsider is appropriate. Councilman Crouch moved to continue negotiations with Barton-Aschman and Associates for the closed loop sign~]~,.ation system. The motion was seconded by Councilman McIlhaney. Councilman Birdwell stated that Councilman Crouch's motion is out of order. Councilman Birdwell commented that the first motion should be to reconsider the item. He added that Councilman Crouch is not qualified to make this motion because she voted in opposition to the final motion at the last meeting. Asst. City Attorney Ilse Bailey Graham commented that she and C. ity Attorney Cathy Locke have.revie..wed this action and the)' believe that if this we_r.e a situation of recons,deration, Mrs. Crouch's motion would be correct. However, City Council Regular Meeting Page 5 Thursday, March 14, 1991 since the order of the Council was an incorrect motion at the last council meeting, the restriction to make the motion is a mute point. Ms. G.r?ham pointed out tha.t the staff could not carryout the ins.L.r, uctions of council because the evaluations had not been re-ranked. Councilman Birdwell remarked that the staff could notify the first consult .a..n,.,t that his proposal was not acceptable, the second consultant could also be notified that staff was not interested in the proposal, and then begin negotiations with the third ranked consultant. Mayor Ringer ruled that the motion passed at the last council meeting was void; therefore, the motion made by Councilman Crouch is valid. Councilman Birdwell appealed the chair's ruling. A motion was made to vo,t.e on the ruling of the chair. T1].e motion carried by a vote of 4-2, Councilman B~rdwell and Gardner voting against. Councilman Crouch moved to direct staff to continue negotiations with Barton- Aschman and Associates for the closed loop signalization system. The motion was seconded by Councilman Mcllhaney. Councilman Birdwell made a substitute motion to thank staff for their ranking put and to pro.ceed with the re-rankina of the proposals as follows: Ned ton & Assocmtes, first place; Barton--Aschman & Associates second place; and Kimley-Horn third place; and continue negotiations with Ned Walton & Associates. The motion was seconded by Councilman Gardner. Councilman McIlhaney stated that she ~ vote a. galnst ~.e mo..tion, becau, se.tl}e request for proposals were marled to the firms with specific cmena requn'ea the ranking process. She also added that it is not fair to the individuals in the community or outside the community. She added that the council wguld have to make individual rankings when the council has not had the opportunity to di-~cuss this. Councilman Crouch commented that the proposal from Ned Walton and Associates did not include a chart that outlines their capabilities and experie.nce of the staff. She noted that Walton & Associates has conducted very profession- ally for the city in the past, but in this particular situation, she does not feel that ey are the most qu~)i~edfirm. Councilman Birdweil emphasized that it is Associates is qualified to do the work. He time in travel will be less. very apparent that Ned Walton & added that travel expenses and loss The vote was taken on Councilman Birdweil's substitute motion and it failed by a fie vote: FOR: Councilmen Birdwell, Gardner, Brown A~AINST: Mayor Ringer, Councilmen McILhaney, Crouch City Council Regular Meeting Page 6 Thursday, March 14, 1991 Discussion was held on the original motion to negotiate a contract with Barton- Aschman & Associates. City Manager Ragland stated that the staff would recommend that the Council approve the contract because, there is. a "tight" time schedule at this point and staff does not want to risk losing the $240,000 grant. Councilman Crouch stated that Ba~t. on-A~, chman may.possibly consider t..al~n.' g action ag .at~s.t the council's action ut saying that previous action was unethical, etc., this nught also slow the process down. Councilman Birdweil remarked that the council can award the contract to anyone it wishes. Councilman Crouch referred to the National Purchasing Institute Code of Ethics and the College Station Code of Ethics. Councilman Birdweli stated that the Code of Ethics does not apply to the City of College Station, it applies to the Association of Professional Engineers. C. ounc. ilman Crouch stated that the Coil.e. ge Sta.tion Code of Ethics states that the city will grant no special favors. Councilman Bmdwe11 commented that there is not a special favor involved regardless of who the council awards the contract to. Mayor Ringer agreed with Councilman Birdwell in that council generally has the right and the authority to decide how they wish. He further stated that the council has generally delegated to staff the responsibility for evaluating proposals, and making recommendations to the Council, what the council does with the recommendation is up to the Council. Councilman Gardner asked if there would be a violation of state law if the council decided not to re-rank them. Asst. City AttomeyGraham replied that it would be a position of the Legal Dept. that the Councflhas not re-ranked the proposals on the basis of demonstrative qualifications and competence. She added that if the council does not review the qu...a.lifications, then she believes that this motion would be an arbitrary ..a~. d c.al0nclous action, arguably., if someone were to challenge the council's action, they could say that it was arbitrary and capricious and therefore, not in compliance with the statute that requires that those rankings are based on demonstrative qualifications and competence. However, that would not prevent the council from taking new requests for proposal or taking the current proposals and giving new criteria ranking. Councilman Crouch stated that she established her own ranking. She read the criteria she used and decided on the same proposal that staff recommended. Councilman Birdwen responded that the law does not say that the council must put in first p. lace the., firm that it rated the highest. He stated that th.e .council, can do busutess with anyone they want to and it can be done capncmusly if the City Council Regular Meeting Page ? Thursday, March 14, 1991 council wants to. Councilman Crouch replied that it is not a good idea to act capriciously. Co .uncilman Mc]].haneystated that if this council is g.oing to be fair to th? business community, s-he would not want to act cap. n. ciousiy,...and the .c. ttize.n.s, o~. College Station would..not want this council to act this way. ~ne menu. one.a, ma.t at this point the council cannot rank the proposals accurately in s-fficlent time receive the grant. She does not want to jeopardize the process the staff is involved now. The vote was 4-2, with Councilman Brown and Councilman Birdwell voting against. Councilman Birdwell apologized to the. s~ and council that ~e a,cfi_on.taken. ,by, the council ?.o weeks ago, has _transp~rec~ so many. concerns.ny s~an,. ,ne aaae.a, that the staff ~s very compet.e, nt, but Occasi.onally it .~ a. ppropnate mat me councu over-rule their recommendations. He considered this ~ssue to be an over- reaction by the staff. Councilman Gardner commented that he agreed with Councilman Birdwell's statement tha. t the council is not obligated to accept every staff reconunendation. But, the ranidng proc.ess may need further attention in the future, possibly with input from the council. He added that we need to ut~l~.e the monies from the state for this project. Councilman McBhaney stated tha. t she feels that if the council is going to use staff's judgement, then the council should what the guidelines are. Aa~,,et~ _r,__~,~ No. 8 - ~t~__t~on_ of request from Mr. Allen Swobock _reqm'd~.a ~ Forest Ph~e 8. Mr. Allen Swoboda presented this item. He.. explained to the council.that ~e.. agreement reached at the last council meeting was not feasible for him to builci the bridge crossing. He proposed a new plan that includes the extension of North Forest Parkway to the Bypass and consider ~ as an access to Phase 8. He stated that North Forest Parkway could be built to Appomattox. Mr. Swoboda stated that he would assume all costs. Councilman Birdwell expressed a con.c, ern with the plans as they are illustrated tonight. He would approve the plans if it included the remainder of North Forest Parkway to end of the lots. Mr. Swoboda_ stated that this could be. p.r?vided, in the agreement or add a note to the plat that it would be included ut me next development. Councilman Birdwen noted that Mr. Swoboda sho..uld ~ the city a guarantee that the remaining North Forest Parkway will be built at th.e developer's expense. Mr. Birdweli felt that there should be a limit on the number of lots per access. Councilman Brown commented that the Emerald Forest Homeowners Associa- City Council Regular Meeting Thursday, March 14, 1991 Page 8 tion were very pleased tha.t Mr. Swobgd_a a~_ ou~.?ed th?. he is. not goin.g.to build the brid~e. Mayor l~...ger stated that the city wo~ua neea..a. agreement or]etter of credit that the developer will be respons~me Ior me expense of North Forest Parkway. May. or Ringer asked the Development Policies Committee to review these options. Councilman Mcllhaney expressed concern, about the subdivision bein~... .,. developed and not e~. ough money avail_able to e.x...tend. A. pp.o .n~attox .w~..u~.. ~ subdivision to the existing subdivision. She menuonea mat she wotua mr.e to see in the developer's long range plan that he incorporate the. cost of extending Appomattox to existing Emerald Forest to the new subdh~on. Councilman Brown asked Mr. Swoboda the cost of the b~.d~e. He replied that the bridge and roadway is approxima.tely $625,000. Mr. B~rdwell stated that the city agreed to pay $225,000 for the bridge. No. 9 - Hear Vl~tom. No one spoke. The council moved into closed session at 8:15 p.m. Item No. 11 - Action on closed session. The council returned from closed session at 8:32 p.m. to open session and took the following action. Councilman Birdwell moved to increase the City Secretary's salary to $2189.00 per month, effective February 1, 1991. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. _Agenda Item No. 12 - Adjourn. Mayor Ringer adjourned the meeting at 8:33 p.m. APPROVED: ,----,, ~UEST REGISTER CITY COUNCIL REGULAR HEET~NG THURSD~Y~ F,~RCH 14~ 1991 7:00 P.M. 18. 9. 19. 10. 20.