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.