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HomeMy WebLinkAbout11/22/1983 - Special Minutes City Council MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 22, 1983 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Boughton, Anderson, McIlhaney, Reinke, Runnels COUNCIL MEMBERS ABSENT: STAFF PRESENT: Councilman Prause Assistant City Manager VanDever, Director of Capital Improvements Ash, City Secretary Jones, City Attorney Denton, Assistant City Attorney Locke, Director of the Industrial Foundation Goehring, City Engineer Pullen, Purchasing Agent McCartney, Deputy Finance Director Schroeder, Tax Assessor/Collector Dickson, Administrative Assistant Nowlin, Traffic Engineer Black, VOE Secretary Sultemeier, Council-Coordinator Jones VISITORS PRESENT: See guest register. Agenda Item No. 1 - Council Concerns. Councilman Runnels reported a hole on Timber Street between Park Place and Timm. Mayor Halter stated that City Manager Bardell had requested permission to be excused from the meeting. Agenda Item No. 2 - Approval of the minutes of the Workshop City Council Meeting, November 9, 1983. Councilman Boughton moved approval of the minutes of the Workshop City Council Meeting, November 9, 1983. Councilman Runnels seconded the motion which was approved unanimously, 6-0. Agenda Item No. 3 - CONSENT AGENDA: BIDS: Consideration of Bids for labor, equipment, and materials to replace existing 4" sewer main. Consideration of Bids for miscellaneous transformers. Consideration of Bids for underground cable and wire. SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 22, 1983 PAGE 2 PLATS: Final plat - resubdivision of Lots 1, 4, 5, 6 and 7 Block V and unplatted Lot in University Park Section Two (83-244) Ail items were approved by common consent. Agenda Item No. 4 - Discussion of Implementation Plan for Northgate Co~ut~ittee recommendations. Director of Planning Mayo presented the item. Councilman Reinke asked why the recommendation to hire a police officer for the Northgate "beat" had been changed from phase I to phase II and whether the police officer will patrol on foot or in a vehicle. Director of Planning Mayo stated that the Northgate "beat" will require three officers and an additional vehicle; therefore, implementation of this proposal was changed from phase I to phase II to allow it to coincide with the new budget year. Councilman Runnels asked what is the time frame for implementation of phases I and II. Director of Planning Mayo stated that implementation of phase I will require between six and nine months and implementation of phase II will require several years. He stated that the final report will be presented in January, 1984. He noted that the Northgate Committee had received a copy of the preliminary report and stated that he had received a memorandum from Dan McGilvray, chairman of the Northgate Committee, which indicated that he was pleased with the report. Agenda Item No. 5 - Discussion of pending bond election. Director of Capital Improvements Ash presented a memorandum with a breakdown of costs previously requested by the Council. He discussed the figure on the Public Services Building renovation and explained how the amount was determined. He stated that the CIP Committee had estimated the land costs some eighteen months ago and that the increase in land costs since then would make up for the amounts that had been pared from this project; therefore, the staff recommends that the total of the proposal be left at the original amount. Mayor Halter requested that the Council consider including a proposal for the completion of the Appomattox extension from Highway 30 to Raintree Dirve and explained that it is the role of the Council to look at the long range consequences that might arise if the extension is not completed. 00 152 SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 22, 1983 PAGE 3 Councilman Anderson concurred with Mayor Halter's statement. Councilman McIlhaney stated her opinion that the extension of Appomattox is not the problem so much as completion of the overpasses. Director of Capital Improvements Ash presented a memorandum to the Council which provided a breakdown of costs for the extension of Appomattox Drive from Highway 30 to Raintree Drive and Raintree Drive to Emerald Forest Drive. He stated that the figures included an inflation update and that most of the projected increases are due to an increase in right-of-way costs. After further discussion, Councilman Anderson moved to include the extension of Appomattox from Highway 30 to Raintree Drive in the bond proposal. Councilman Boughton seconded the motion which failed for lack of support, 3-3. FOR: Mayor Halter, Councilmen Anderson, Boughton AGAINST: Councilmen McIlhaney, Reinke, Runnels Director of Capital Improvements Ash summarized the actions of the Council thus far in preparing for the January 24th bond election. He listed the propositions and the total amount for each, as follows: Proposition No. 1 - Major Participation in water and sewer, $1,800,000.00; Proposition No. 2 - Emergency Services, $2,755,000.00; Proposition No. 3 - Fire Station No. 4, $700,000.00; Proposition No. 4 - Street and Sanitation Maintenance and Storage Facilities, $1,425,000.00; Proposition No. 5 - Parks, $1,150,000.00; Proposition No. 6 - Street Improvements, $6,325,000.00. He further stated that at the next meeting he will present to the Council a final written report. Agenda Item No. 6 - Discussion on Lone Star Municipal Power Agency. Mayor Halter stated that an organization is being created which will allow for the purchase of electrical power from various sources. He noted that a special meeting is scheduled for December 6th, at which the Council will be asked to pass an Ordinance adopting the Bylaws and creating the Lone Star Municipal Power Agency. Councilman McIlhaney asked a question about Section VII. Mayor Halter explained that the largest city involved in the agency will have the most say and referred to this as "librium veto." City Attorney Denton pointed out a typographical error and clarified the point under question. Councilman Reinke asked if the headquarters for the agency will move from 00 t53 SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 22, 1983 PAGE 4 place to place. City Attorney Denton stated that the headquarters will probably be at one location. Mayor Halter requested that the Council direct any questions concerning the Bylaws to City Attorney Denton prior to the December 6th meeting. Agenda Item No. 7 - Discussion of possible use of Hydropower from Town Bluff Reservoir. Assistant City Manager VanDever presented the item. He explained that the city would not incur any up front costs to determine the feasibility of this project. He pointed out that the current cost benefit ratio is 1 to 1:39, which is good. He stated that the Lower Neches Valley Authority has requested that the Council approve a letter which signifies the city's willingness to cosponsor the project with no cost other than actual power costs. He further stated that after the feasibility of the project is determined, then the city will enter into negotiations for a power contract. Councilman Runnels questioned the intent of the letter. City Attorney suggested that a change in the wording of the letter should be made to clarify its intent. He requested that the phrase "at the rates to be agreed upon" be replaced with the phrase "contingent upon the execution of an agreement as to the terms, conditions and rates for electric energy, mutually agreed upon." Councilman Boughton moved to authorize the Mayor to sign the letter which signifies the willingness of the city to cosponsor the project, with the change made by City Attorney Denton. Councilman Anderson seconded the motion which was approved unanimously, 6-0. Agenda Item No. 8 - Whalen Corporation to discuss with Council use of private capital on proposed Capital Improvement Projects. Arnold Darrow, President and Chief Executive Officer of Whalen Corporation, presented an update on how the private sector can contribute to the construction of the water storage facility and the waste water treatment plant. Councilman Runnels asked if the structure would be built at city standards. Director of Capital Improvements Ash stated that the Whalen Corporation if contracted would use plans developed by the city's consulting engineers. Councilman Boughton pointed out that a major problem with this proposal is 00 15 SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 22, 1983 PAGE 5 that city employees would become employees of the private sector. Mr. Darrow stated that a meeting is scheduled with the staff to look at this problem, as well as examine several other points. Director of Capital Improvements Ash stated that a meeting is scheduled for Tuesday, November 29th at 2:00 p.m., at which time these questions will be addressed and he invited the Council to attend the meeting. He stated that he would present the staff recommendations to the Council at the December 6th meeting. Mr. Darrow stated that any input from the Council would be welcomed. Mayor Halter stated the main issues to consider: (1) The city would no longer operate the waste water treatment plant. (2) This proposal would free millions of dollars in investment funds. Agenda Item No. 9 - Consideration of Award of contract for Wastewater Treatment Plant Improvements. Mayor Halter removed this item from the agenda and stated that it would be discussed at the December 6th meeting. Agenda Item No. 10 - Consideration of Resolution pertaining to M.U.D. development and utility agreement. City Attorney Denton presented the item. He asked that the Council allow him to modify the utility agreement to clarify the "scope" of the district's control. He stated that he wanted to narrow or restrict the type of systems to be operated. He proposed that this type of restriction be included in the draft agreement. He explained that the Resolution is the result of much research by the staff into the merits and demerits of M.U.D.'s and consideration of what particular type of M.U.D. would be suitable for implementation within the city. Councilman Runnels moved to approve Resolution No. 11-22-83-10. Councilman Boughton seconded the motion. Councilman McIlhaney stated her concern about having another political entity within the city limits. Councilman Reinke stated that she would like to see a report on other cities that utilize M.U.D.'s and their histories. Resolution No. 11-22-83-10 was approved by a vote of 5-1. FOR: Mayor Halter, Councilman Anderson, Boughton, Rei~ke, Runnels 00t 155 SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 22, 1983 PAGE 6 AGAINST: Councilman McIlhaney A~enda Item No. 11 - Consideration of application for extension of water service to Nantucket Subdivision. City Engineer Pullen clarified several points addressed in his letter to Phyllis Hobson. Assistant City Manager VanDever recommended that the city not participate in oversized with any development that is outside the city limits, until said area is annexed. Phyllis Hobson, General Partner of Nantucket, Ltd., addressed the Council per her request. She stated that previous negotiations with the Wellborn Water Board indicated that meter and tap fees for the subdivision would be much higher than other comparable water fees charged in this area. Her company therefore decided to approach the City of College Station for water service. She noted that all the water lines in the subdivision will be to city specifications, including the fire hydrants. Councilman Boughton asked if lime stabilization is being done in Nantucker and stated that the process is required by the city. She expressed her regrets over seeing developments outside the city limits which do not meet city standards, but anticipate eventual annexation. City Attorney Denton explained the legal aspects of such actions. He pointed out that ultimately the Public Utility Commission will decide who provides water service to the area, based on the capabilities of each entity to provide the service. Councilman Boughton moved to authorize the city staff to prepare an agreement to sell water to Nantucket Subdivision based upon the contingency that city standards are met in the development of the subdivision . Councilman Runnels seconded the motion which was approved unanimously, 6-0. A~enda Item No. 12 - Consideration of making Brazos Valley Schools Credit Union available to city employees. Joseph Simmons, Vice President of Brazos Valley Schools Credit Union, presented the item. He proposed that his organization be allowed to extend their services to the employees of the City of College Station. Councilman Boughton moved to authorize the city to allow Brazos Valley Schools Credit Union to extend their services to the employees of the City of College Station. Councilman Anderson seconded the motion which was approved unanimously, 6-0. 00 .156 SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 22, 1983 PAGE 7 Agenda Item No. 13 - Update on Waters, Trego and Davis Merit System Study. John Trego presented a report and slide presentation on the Waters, Trego, and Davis Merit System Study. He pointed out that survey results indicate that the overall salaries of the city are competitive. He listed the issues that need to be addressed: (1) to confirm the pay policy and (2) to determine the method for administering salaries. Rollie Waters showed a videotape that will be used for training in behavior modification and noted that this will serve as an ongoing program. He indicated his pleasure with the enthusiasm of the city's employees and supervisors. Councilman Runnels questioned how long the system can continue to operate, using these tapes, without additional outside consultation. Rollie Waters stated that it will last indefinitely, depending on the internal management of the system. Agenda Item No. 14 - Consideration of an Ordinance amending Chapter 4 of the Code of Ordinances of the City of College Station, Texas, relating to licenses for vendors, solicitors and handbill distributors. Assistant City Attorney Locke presented the item. She stated that this Drdinance is a comprehensive update and includes an additional section on handbill solicitors. She pointed out a typographical error on page 5, the abbreviation "SSC" should read "Special Services Commander". Eity Attorney Denton stated that the ordinance deals with content, but does ~ot regulate distribution. He further stated that the ordinance limits regulation to the permissible boundaries of the First Amendment. 2ouncilman Runnels moved approval of Ordinance No. 1469 with the correction Dn page 5. ~ouncilman Anderson seconded the motion which was approved unanimously, ~genda Item No. 15 - Consideration of an Ordinance amending Chapter 1, ~eneral provisions, of the Code of Ordinances of the City of College 3tation, Texas, by adding a section 22 to provide for an Administrative {eview Board. ~ssistant City Attorney Locke requested that this item be removed from the ~genda. ~genda Item No. 16 - Consideration of an Ordinance by which the City of ~ollege Station, Texas, undertakes to comply with certain Federal Energy ~egulatory Coa~ission Regulations providing for arrangements with ~ualifying cogeneration and small power produ6tion facilities under Section 00&157 SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 22, 1983 PAGE 8 210 of the Public Utility Regulatory Policies Act of 1978. Assistant City Attorney Locke presented the item. She stated that this ordinance signifies that the City of College Station undertakes to comply with all the lawful regulations of the FERC dealing with arrangements with qualifying cogeneration and small power production facilities under Section 210 of PURPA. Councilman Runnels moved approval of Ordinance No. 1470. Councilman McIlhaney seconded the motion which was approved unanimously, 6-0. Agenda Item No. 17 - Consideration of an Ordinance amending Chapter 2, Section 3C of the Code of Ordinances of the City of College Station, Texas, relating to penalty violations. Assistant City Attorney Locke presented the item. She stated that this ordinance relates to regulations prescribed for the breeding, sale, care and rental of animals and fowl in commerce. Agenda Item No. 18 - Consideration of an Ordinance amending Chapter 2, Section 2F(2) of the Code of Ordinances of the City of College Station, Texas, relating to penalty violations. Assistant City Attorney Locke presented the item. She stated that this ordinance relates to regulations prescribed for the activity of allowing animals and fowl to run at large. Agenda Item No. 19 - Consideration of an Ordinance amending Chapter 8, Section 8F(3) and Section 8F(5) of the Code of Ordinances of the City of College Station, Texas, relating to penalty violations. Assistant City Attorney Locke presented the item. She stated that this ordinance relates to regulations prescribed for public disturbances. Agenda Item No. 20 - Consideration of an Ordinance amending Chapter 7, Section 3C of the Code of Ordinances of the City of College Station, Texas, relating to penalty violations. Assistant City Attorney Locke presented the item. She stated that this ordinance relates to regulations prescribed for public nuisances. Agenda Item No. 21 - Consideration of an Ordinance amending Chapter 4, Section 13C of the Code of Ordinances of the City of College Station, Texas, relating to penalty violations. Assistant City Attorney Locke presented the item. She stated that this ordinance relates to regulations prescribed for the operation of production of oil and gas. 00 158 SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 22, 1983 PAGE 9 Agenda Item No. 22 - Consideration of an Ordinance amending Chapter 4, Section 12K(1) of the Code of Ordinances of the City of College Station, Texas, relating to penalt~ violations. Assistant City Attorney Locke presented the item. She stated that this ordinance relates to regulations prescribed for fair housing practices. Agenda Item No. 23 - Consideration of an Ordinance amending Chapter 4, Section 10M of the Code of Ordinances of the City of College Station, Texas, relating to penalty violations. Assistant City Attorney Locke presented the item. She stated that this ordinance relates to regulations prescribed for the operation of a wrecker business. Agenda Item No. 24 - Consideration of an Ordinance amending Chapter 4, Section 5C of the Code of Ordinances of the City of College Station, Texas, relating to penalty violations. Assistant City Attorney Locke presented the item. She stated that this ordinance relates to regulations prescribed for conducting garage sales. Agenda Item No. 25 - Consideration of an Ordinance amending Chapter 4, Section 6I of the Code of Ordinances of the City of College Station, Texas, relating to penalty violations. Assistant City Attorney Locke presented the item. She stated that this ordinance relates to regulations prescribed for the operation of taxicabs, buses, and other vehicles for hire. Agenda Item No. 26 - Consideration of an Ordinance amending Chapter 2, Section iD of the Code of Ordinances of the City of College Station, Texas, relating to penalty violations. Assistant City Attorney Locke presented the item. She stated that this ordinance relates to regulations prescribed for keeping livestock and poultry within the city limits. Councilman Anderson moved approval of Ordinances No. 1471 through No. 1480, which establish minimum and maximum fines that may be assessd for violation of said regulations, as permitted by Statutes of the State of Texas. Councilman Runnels seconded the motion which was approved unanimously, 6-0. Agenda Item No. 27 - Hear Visitors. No one spoke. Agenda Item No. 28 - Closed session to discuss pending litigation 006159 SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 22, 1983 [6252-17(e)]. The Council moved to closed session and later reopened to the public. Agenda Item No. 29 - Action on closed session. No action was taken. Agenda Item No. 30 - Adjourn. Mayor Halter adjourned the meeting at 10:30 p.m. Gar~,~~ ,' Mayor ~iatn~~~. ~ · Jones, ~uM Secretary PAGE 10 00 . 1 60 GUEST REGISTER SPECIAL CITY COUNCIL HEETING TUESDAY, NOVEHBER 22, 1983 7:00 P.H. s. ~ '~ ~'~"~ 20. 12. 13. 21. 15. 22. 23. 25. 26. 27. 28. 29. 30.