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HomeMy WebLinkAbout05/10/1984 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY,.MAY 10, 1984 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: VISITORS PRESENT: Mayor Halter, Councilmen McIlhaney, Prause, Reinke, Runnels Councilmen Anderson, Boughton City Manager Bardell, Assistant City Manager VanDever, City Secretary Jones, City Attorney Denton, Assistant City Attorney Locke, Director of Capital Improvements Ash, City Engineer Pullen, Fire Chief Landua, Building official Perry, Deputy Finance Director Schroeder, Director of Public Services Miller, Utilities office Manager Piwonka, Traffic Engineer BlacK, Personnel Manager Dickson, Assistant Zoning official Johnson, Planning Assistant Longley, Major Feldman, Parks Director Beachy, Parks Maintenance Supervisor %~atley, Aquatics Superintendent Szabuniewicz, Community Development Director Stevens, Council Coordinator Jones See guest register. The meeting was called to order with all members of the Council present except Councilmen Anderson, Boughton, and Prause. Mayor Halter stated that Councilmen Anderson and Prause would be arriving late and that Councilman Boughton would not be in attendance due to the loss of her mother. A~enda Item ~;o. 1 - Approval of the minutes of the Regular City Council Meetiqg April 26, 1984 and the Special City Council Meeting, May 1, 1984. Councilman Reinke moved approval of the minutes of the Regular City Council Meeting April 26, 1984 and the Special City Council Meeting, May 1, 1984. Councilman Runnels seconded the motion which was approved unanimously, 4-0. Agenda Item No. 2 - A Public Hearing on the necessity of the construction of a portion of Dartmouth and the necessity for the assessment of expenses. Assistant City Attorney Locke presented the item. Mayor Halter opened the public hearing. 00 .35& REGULAR CITY COUNCIL MEETING THURSDAY, MAY 10, 1984 PAGE 2 No one spoke. The public hearing was closed. Agenda Item No. 3 - Consideration of an ordinance declaring the necessity for the construction of a portion of Dartmouth Street and the necessity ~or the assessment of expenses. Councilman Runnels moved approval of Ordinance No. 1513 declaring the necessity for the construction of a portion of Dartmouth Street and the necessity for the assessment of expenses. Councilman McIlhaney seconded the motion which was approved unanimously, 4-0. ~genda Item No. 4 - A public hearing on the question of amending Chapter 5 of the College Station Code of ordinances to adopt the 1984 Edition of the National Electrical Code. Mayor Halter removed this item from the agenda. Agenda Item No. 5 - Consideration of an ordinance amending Chapter 5, Section lA of the College Station Code of Ordinances and adopting the 1984 Edition of the National E~ectrical Code. Mayor Halter removed this item from the agenda. Agenda Item No. 6 - CONSENT AGENDA: PLATS: Preliminary Plat - Southwood Valley Section 24 (Revised) - 84-304 The item was approved by common consent. A~enda Item No. 7 - Third consideration of an ordinance granting to McCaw Midwest Commun~c~ti6n~ Companies, Inc. ~ ~r~nchise and privilege to build, use, maintain and operate a system for the purpose of receiving, amplifying and ~is~r~buting telev~s~ signals in the City of College Station, Texas· Councilman Runnels moved approval of Ordinance No. 1514 granting to McCaw BCS Communications Companies, Inc. a franchise and privilege to build, use, maintain and operate a system for the purpose of receiving, amplifying and distributing television signals in the City of College Station, Texas. Councilman Reinke seconded the motion. Councilman McIlhaney asked if the motion should include the proposal that an ordinance, which addresses the issues presented, be drafted and returned to the Council for consideration. Mayor Halter stated that it was not necessary because th~ Council had concurred on that proposal at the Workshop City Council Meeting, May 9, 00 355 REGULAR CITY COUNCIL MEETING THURSDAY, MAY 10, 1984 PAGE 3 1984. Dr. Larry Ringer asked if the applicant had agreed to allow the Council to consider an ordinance which addresses the issues presented. City Attorney Denton stated that the provisions in the letters that deal with the franchise ordinance are enforceable because they concern the meaning of the phrases in the franchise agreement; however, any additions or subtractions from the franchise ordinance are not enforceable. He reiterated that McCaw BCS Communications Companies, Inc. has agreed to allow the Council to consider an ordinance which addresses the issues presented which would not be enforceable. The motion was approved unanimously, 4-0. The Council concurred to consider Agenda Item No. 9 prior to Agenda Item No. 8. Agenda Item No. 9 - Consideration of an agreement and lease between the City and the Chamber of Commerce for the Tourist and Convention Bureau, providing for the purchase or exchange of services in connection with advertising, tourist and convention promotion, and delegate registration/~ospitali~Y services. City Attorney Denton presented the item. He explained that the city will be purchasing services from the Chamber in connection with advertising, tourist and convention promotion, and delegate registration/hospitality services. He further stated that the city will pay a fair and reasonable price for the services performed by the Chamber, less the value of the lease space provided. He further explained a provision that was added to the document concerning "incidental use" of the property. He noted that the lease entitles the city to approve or disapprove of the individual that will be performing the services and that a provision was added which grants the City of Bryan the right to approve or disapprove. He stated that on the front page of the proposed lease agreement, tenth line from the bottom, the phrase "general fund" was changed to read "excess revenues of the City's electric, water, or sewer funds." Councilman McIlhaney asked if the Chamber will be responsible for normal maintenance of the facility. City Attorney Denton replied affirmatively. He explained several issues covered in the real estate contract as follows: (1) the Seller shall provide the sweeping and cleaning of all paved areas upon Purchaser's property at appropriate and routine intervals; (2) at the election of the Purchaser, Seller shall provide maintenance of landscaped areas upon Purchaser's property; 3) an architectural committee, composed of individual members of the Chimney Hill Joint Venture and the Mayor of the City of College Station, shall have sole architectural control; and (4) the Seller has agreed not to impose any limitations on the height of the building, but 00&356 REGULAR CITY COUNCIL MEETING THURSDAY, MAY 10, 1984 PAGE 4 rather agreed to the restrictions imposed by the city's current requirements for provision of parking spaces for property of similar use. During the discussion of this item, Councilman Prause arrived at the meeting. Councilman Runnels moved to authorize the City Manager and Mayor to execute a lease agreement between the Bryan/College Station Chamber of Commerce and the City of College Station. Councilman Prause seconded the motion. Councilman McIlhaney stated that she would not vote in favor of the motion because of her personal belief, as previously stated, that the city should not engage in rental business. Councilman Reinke stated her concern with voting on the question before she had adequate time to review the document. The previous motion and second were withdrawn. Councilman Prause moved to table the item until the Special City Council Meeting, Tuesday, May 15, 1984. Councilman Runnels seconded the motion which was approved unanimously, 5-0. Agenda Item No. 8 - Consideration of issuance of a Certificate of Obligation in the amount of $400,000.00 for the purpose of purchasing land and a building for lease to the Chamber of Commerce Tourist and Convention Bureau, said Certificate to be funded from Hotel/Motel Tax Revenues and the City's General Fund. City Attorney Denton presented the item. He noted that the issuance of the Certificate of Obligation in the amount of $400,000.00 for the purpose of purchasing land and a building for lease to the Chamber of Commerce Tourist and Convention Bureau is contingent upon the execution of the lease agreement and real estate contract. He noted that the Certificate of Obligation will represent approximately twenty-five percent of the Hotel/Motel Tax collected by the city. He stated that all the typographical errors in the draft copy had been corrected on the final copy. Councilman Runnels moved approval of ordinance No. 1515 authorizing the issuance of a Certificate of Obligation in the amount of $400,000.00 for the purpose of purchasing land and a building for lease to the Chamber of Commerce Tourist and Convention Bureau. Councilman Prause seconded the motion which was approved by a vote of 3-2. FOR: Mayor Halter, Councilmen Prause, Runnels AGAINST: Councilmen McIlhaney, Reinke REGULAR CITY COUNCIL MEETING THURSDAY, MAY 10, 1984 PAGE 5 Agenda Item No. 10 - Consideration of decision packages for General and Revenue Sharing Funds FY 1984-85. Assistant City Manager VanDever presented the item. He stated that the General Fund supplemental requests total $1,927,586.00. Of this total, items totaling $553,728.00 are recommended for funding from other sources (revenue sharing, bond funds, and community development), which when subtracted from the total request leaves $1,373,858 to be funded from General Fund revenue sources. He explained each of the General Fund supplemental requests recommended to be funded from alternate sources as follows: (1) Bond Funds: graduate civil engineer, $38,183.00; (2) Community Development: secretary and housing rehab, inspector, 34,232.00; (3) Revenue Sharing: items of a capital nature, $481,313.00. He explained that of the $1,373.858.00 requested, $607,059.00 funding is available which will satisfy only the decision packages ranked one through thirteen out of the fifty-eight submitted. Mayor Halter suggested that the Council review the decision packages to be funded from General Fund revenue sources to determine if any re-ordering is necessary. The Council reviewed each of the thirteen decision packages which received funding from General Fund revenue sources. Assistant City Manager VanDever summarized the Revenue Sharing Fund. He stated that the total amount available for FY 1984-85 is $640,000.00, which consists of revenue estimates for FY 1984-85 of $600,000.00 and a fund balance of $40,000.00. He listed the disbursement proposals as follows: General Fund supplementals at $481,313.00; summer library at $1,164.00; MHMR at $33,000.00; Bryan Library at $25,000.00; RSVP at $2,250.00; current year and one prior year appropriation to Easterwood Airport totaling $60,000.00; and contingency at $37,273.00. Councilman Runnels asked the Council to consider the desirability of increasing the contribution to the Bryan Library. Councilman Prause discussed the possibility of appointing a library committee. The Council concurred to increase the contribution to the Bryan Library to $30,000.00 in appreciation of a well-run library. After some discussion of the disbursement proposal of $60,000.00 to Easterwood Airport, Mayor Halter suggested that the city be billed for these funds. The Council concurred to reschedule this item on the agenda of the Workshop City Council Meeting, May 23, 1984. 006358 REGULAR CITY COUNCIL MEETING THURSDAY, MAY 10, 1984 PAGE 6 Agenda Item No. 11 - Consideration of request for abandonment of a public utility easement in Southwood ~10 and Camelot ~2. (Applicant: Mr. Jaan Laane) Councilman Runnels moved to deny the request based on staff recommendations. Councilman Reinke seconded the motion which was approved unanimously, 5-0. A~enda Item No. 12 - Consideration of request for additional personnel. Mayor Halter removed this item from the agenda. Agenda Item No. 13 - Discussion of implementing a comprehensive drainage plan for the city. Councilman McIlhaney stated that she had provided the Council a report compiled by John M. Mason, Assistant Professor of Civil Engineering at Texas A&M University. The material consists of a draft of a research paper entitled "Development of a Stormwater Management Plan" and a survey of erosion and sedimentation control practices. She noted that Mr. Mason was in attendance and would answer any questions. Mr. John M. Mason presented his report. He noted that erosion control helps to protect cities' investments. He listed the necessary elements of any comprehensive plan as follows: legal aspect - an enforceable element; policy - staff and council acceptance; administration - a need for adequately trained staff; operations - maintenance of the systems; and coordination between adjoining cities and county. After further discussion, Mayor Halter asked about the city's current position concerning this matter. Director of Capital Improvements Ash stated that he intends to schedule a discussion on this matter on the agenda in two weeks. Councilman Runnels asked a question concerning the preparation of drainage criteria. Mr. Mason explained that a drainage criteria manual provides uniformity for developers coming into an area. He noted that the City of Austin has a model drainage criteria manual in terms of format, organization and comprehensiveness. Agenda Item No. 14 - Consideration of a Resolution authorizing publication of notice of intention to take bids for the exchange of 140 acres (more or less) of real property owned by the City of College Station, and located generally southwest of the intersection of Rock Prairie Road and Greens Prairie Road in Brazos County Texas. 00 359 REGULAR CITY COUNCIL MEETING THURSDAY, MAY 10, 1984 PAGE 7 City Attorney Denton presented the item. Councilman Runnels asked if there is a possibility of additional acreage exchange. City Attorney Denton stated that it is his understanding that this exchange is all the city contemplates, but this does not mean that a future exchange would be precluded. Councilman McIlhaney asked if the reduction from 320 to 140 acres was a result of the revision in the overall plan. Mr. Dennis Goehring replied affirmatively. Mayor Halter stated that this plan will allow for more separation between the city and private entities. Councilman McIlhaney stated that this plan provides more flexibility and will give possible access for industrial development through three main thoroughfares. Councilman Runnels moved adoption of Resolution No. 05-10-84-14 authorizing publication of notice of intention to take bids for the exchange of 140 acres (more or less) of real proerty owned by the City of College Station, and located generally southwest of the intersection of Rock Prairie Road and Greens Prairie Road in Brazos County, Texas. Councilman Reinke seconded the motion which was approved unanimously, 5-0. Councilman Reinke thanked the City Affairs Council Committee for their endeavors on this project. Agenda Item No. 15 - Consideration of a resolution attempting to relay the city's position on the conditions of our local highways. Councilman Runnels requested that the p~rase "limited-access" be inserted after the phrase "four-lane highway." Councilman Reinke moved approval of Resolution No. 05-10-84-15 with the above addition. Councilman McIlhaney seconded the motion which was approved unanimously, 5-0. Agenda Item No. 16 - Consideration of a resolution on the issue of statewide funding for Texas Roads. Councilman Runnels moved approval of Resolution No. 05-10-84-16. Councilman Prause seconded the motion which was approved unanimously, 5-0. 00&360 REGULAR CITY COUNCIL MEETING THURSDAY, MAY 10, 1984 PAGE 8 Agenda Item No. 17 - Hear visitors. Jim Gardner commented on the vagueness of the plan that was discussed under Agenda Item No. 14 and asked if any supplemental materials on the subject were available for review. Agenda Item No. 18 - Closed session to discuss pending litigation [6252-17(2) (e)], personnel [6252-17(2) (g)], and land acquisition [6252-17 (2) (f) ]. A. Personnel [6252-17 (2) (g) ]. 1. Discussion of Appointments. a. Citizen Committees. b. Appointed officials. B. Land Acquisition [6252-17(2) (f)]. 1. Utility Service Center Site. 2. Purchase of Foster Street property from Seager. The Council moved to closed session and later reopened to the public. Agenda Item No. 19 - Action on closed session. Councilman Reinke moved to re-appoint T.O. Walton to the position of City Health officer. Councilman McIlhaney seconded the motion which was approved unanimously, 5-0. Councilman Runnels moved to re-appoint Dian Jones to the position of City Secretary and Pam Jones to the position of Deputy City Secretary. Councilman McIlhaney seconded the motion which was approved unanimously, 5-0. Councilman Runnels moved approval of Resolution No. 05-10-84-19 regarding the purchase of property at 1210 Foster Street. Councilman Reinke seconded the motion which was approved unanimously, 5-0. Agenda Item No. 20 - Adjourn. Mayor Halter adjourned the meeting. At, st:/,__ ~ 1 ~ p~y ~it~ /se~etary Approve~d ~//~. Gary ~&i~r, Miyor ~ / 006,361 GUEST REGISTER REGULAR CItY COUNCIL MEETING THURSDAY, MAY 10, 1984 7:00 P.M. 18. 19. 20. 21. 22. e 23. 24. 25. ® 26. 12. 27. 28. 29. 13. 30. 14. 31. 15. 32. 16. 33. 17. 34. 00/ 362