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HomeMy WebLinkAbout09/12/1991 - Regular Minutes City Council MINUTES CITY COUNC~ l~E~ MEETMG ~IU~SDAY, ~r~~t 1~, 1991 7.~0 p~ MEMBEI~S PRE~: Counciimembers Brown, Schneider, Birdwell, Crouch, Mcnhaney, (~ardner ABSENT: Mayor Ringer City Manager Ragland, Asst. City Manager Brymer, Public Information Offcer Calliham, Executive Director Management Services Piwonka, City Secretary Hooks, City Attorney Locke, Asst. City Attorney Nemcik, Budget Officer Cryan, Finance Director Schroeder, Purchasing Agent McCartney, Risk Manager WHley VISI'I'OI~ Pl~~: See guest register. Mayor Pro-tern Brown opened the meeting. AO~,4~ !_~t No. 1 - ~?,dng of a st'oc__~!m_,t~d__c,n_ d"-'~,~_~_~a the --.._.~_~ c' September 16-20, 1991 ss 'S~f~ Awsrensss We~'~_. Mr. Jim Irving, Chairman of the Safety Committee, accepted the proclamation signed by Mayor Pro-tem Brown. Aaeack Item No. ~t. CONSEI~ AGENI~ (9..1) Approval df minutes for the Regular Meeting, August 29., 1991. (2.2) Consideration of a resolution between the cities of Bryan and College Station, Brazos County and the Brazos Animal Shelter, Inc. (2.3) Request for purchase approval of the installation electric communications facilities, Bid #91-43, funds available in URB '84 Bond, Public Utilities Electrical Division. Total expenditure, $59.,959. (2.4) Request for ratification of purchase of parts and emergency repairs made to two power transformers at Col South substation and emergency rental of a mobile substation from Gulf States Utilities while repairs were being made. Total expenditure, $42,289.08. (2.5) Request for approval of one mini extended cargo van through State Purchasing and C~eneral Services Commission on state contract for Brazos Food Bank, Community Development Fund. Total purchase price, $12,§81. (~..6) Consideration of a resolution authorizing the Mayor to execute a development agreement with Young Brothers, Inc., for the operation of a temporary concrete hatching plant and allowing retail sales of concrete incidental to development during.the construction of Pebble Creek Subdivision. (~..7) Consideration of a resolution authorizing the City Manager to enter into a contract with the Tx. Dept. of Highways and Public Transportation to provide City Council Regular Meeting Thursday, September 12, 1991 Page 2 funding for continuation of the "TRASER" program which allows for relevant and timely in put for planning selective enforcement activities. (9..8) Consideration of a resolution establishing fees to be charged and collected to reimburse the City for its expenses in connection with oil and gas operations, transportation and injection pipelines, for rental value of streets, alleys, easements and other public property, for construction and inspection permits, and for street, alley or public property crossing permits. (9..9) Consideration of bids for Central Park and Merry Oaks Park Improvements. (9..10) Consideration of final plat - Pebble Creek Phase 1E (91-9.13). (9..11) Consideration of final plat - Pebble Creek Phase 1D (91-~.19.). The above items were approved by common consent. Aaenda Item No. 3 - A public heating to consider an ordinance antendlng the Zoning Ordinance to create the C-B Business Commarchl District. Senior Planner, Jane Kee explained the ordinance amendment. Ms. Kee outlined the permitted uses as well as the prohibited uses, such as convenience stores and gas stations. Councilman Mcnhaney asked if fraternity or sorority houses would he considered under the definition of dormitory. Ms. Kee replied that the fraternity and sorority houses should be listed separately. Councilman Birdwell referred to the corrected copy that the council received at their places tonight. The revised amendment states that the Planning and Zoning Commission may consider other uses. Ms. Kee indicated that this action is consistent in other commercial district. The council ,~-,:cussed the permitted uses. Mayor Pro-tern Brown opened the public hearing. No one spoke. Mayor Pro-tern Brown closed the public hearing. Agenda Item No. 4 - Consideration of an ardlnance amending the ~ Ordinance to create the C-B Business Commenda] District. Councilman Schneider moved approval of Ordinance No. 1904 as corrected by staff. The motion was seconded by Councilman Birdwell. City Council Regular Meeting Thursday, September 12, 1991 Page 3 Councilman Gardner spoke in opposition to the new zone. Ms. Kee briefly described the proposed overlay district. The motion to approve the ordinance carried by a vote of 5-1, Councilman Gardner voting against the motion. Planning Director Jim Callaway explained the ordinance amendment. He ,stated that this ordinance will establish regulations for recycling facilities. In addition to the use schedule, the proposed amendment would regulate setbacks, parking, noise, signs, and screening. Mr. Callaway referred to a statement change in Section 8.18 Subsection E as follows: '~No facility as described in this subsection shall abut property zoned or developed for low density residential use." Councilman Birdwell referred to a change in Section C regarding the term public uses. He suggested that the term uses be changed to facilities. Staff concurred. Mr. Birdwell asked that the matrix table be specific in regards to the zoning districts allowed; C-I, C-2, C-3 and C-N. Mr. Birdwell questioned the amount of space allowed for a facility, §00 square feet. Mr. Callaway replied that the actual facility (container) would be limited to 500 square feet. Mayor Pro-tern Brown opened the public hearing. No one spoke. Mayor Pro-tern Brown closed the public hearing. _Aae~.da _I__t~n_ No. 6 - C-o: _~__~m__~on of ~n or~,~,,c-e_ ~me~_,4~tg ~--~__,~n_ 8.1,° Sumflarn~ ___]~a,__ ,1~ of Or~*~jc~ No. 16~. the Y~dna ~~9 Councilman Birdwell moved approval of Ordinance No. 1905 with the above changes. The motion was seconded by Councilman McIlhaney which carried unanimously, 6-0. City Council Regular Meeting Thursday, September 12, 1991 Page 4 Agenda Item No. 7 - C_,m~idera~ of an ordinance amending Clmpter 11. Asst. Public Services Director Mark Smith addressed this item. Councilman Birdwell asked Mr. Smith if the recycling centers must comply with the Regional Solid Waste Management Plan. Mr. Smith replied that he has no objection to remove this particular phrase in the ordinance. Councilman Mcnhaney asked if the management plan win include recycling drop off centers. Mr. Smith replied that the plan will probably address target recycling rates, but not specific recycling collection. Councilman Birdwen moved approval of Ordinance No. 1906 with the deletion of Subsection F(3) (c). The motion was seconded by Councilman Schneider which carried unanimously, 6-0. _Aaenck Item No. 8 - C, oasidemflon of an ardlnance ~tendment to the Code of Lt. Bernie Kapelia of the Police Department explained this item. He stated that the proposed amendment allows five (5) false alarms in a preceding twelve (12) month period without penalty. For each subsequent alarm that month, the subscriber is assessed a fifty dollar ($50.00) fee. Councilman Crouch moved approval of Ordinance No. 1907. The motion was seconded by Councilman Gardner wMch carried unanimously, 6-0. Finance Director Schroeder stated that during the budget retreat the council amended the proposed budget in d~erent areas. The proposed changes were presented to the Council in their agenda packet. Councilman Crouch moved approval of Ordinance No. 1908 adopting the 1991-99. annual budget. The motion was seconded by Councilman Mcnhaney. City Council Regular Meeting Thursday, September 12, 1991 Page 5 Councilman Birdwell commented on several concerns in the budget. First, the transfers from other funds to the general fund. Secondly, the utility budget cost will include $100,000 for the economic development fund, and $50,000 for the economic model. Thirdly, the electric rates were lowered, but the small users have not seen this effect. Mr. Birdwell continued to note that the total transfers should be looked at, not just transfer in lieu of taxes. He added that the city should receive $180,000 in new fees this fiscal year and it is a mistake that these monies would not be used toward a reduction of transfers. Mr. Birdwell emphasized that it is not right to include two capital projects in the budget that were not approved by the voters. He referred to the adoption of the automated garbage collection. He stated that the automation should take place when the time is right. Councilman Crouch commented that she appreciated Mr. Birdwell's study of the budget and she believed he made valid points. She added that the staff has also worked on the budget very hard and she commended the staff on their efforts. Councilman Gardner stated his concern about the justification for the automated garbage collection. Finance Director Schroeder stated that the utility fund transfer to the general fund is about 9 1/2 percent at this time, yet it has been about 13 1/2 percent in the past. After farther discussion by the Council, the vote was taken on the motion to approve the budget and it carried by a vote of 5-1-0, Councilman Birdwell voting against with Mayor Ringer absent. Councilman Mc]]haney thanked the staff for their extraordinary efforts in preparing this year's budget. Councilman Brown also thanked the staff and he mentioned that Councilman Birdwell's points and other councflmembers concerns are very important to know. Aaenck Item No. 10 - Considat~t~on of an ~e levying the Ad Vml__r, rem ,~ rote for 1991-92. Councilman Birdwen moved approval of Ordinance No. 1909 levying the ad valorem tax rate for 1991 as $0.4000 per $100 of taxable valuation. The motion City Council Regular Meeting Thursday, September 12, 1991 Page 6 was seconded by Councilman Schneider which carried unanimously, 6-0. _Aaen~ Item No. 11 - Cozudder~tkm atan ~ ~mendfna ~ 11, Councilman Birdwell moved approval of Ordinance No. 1910 with respect to electric service rates for 1991-99.. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. Agenda Item No. 12 - Consideration at an ardtnance amending Chapter 11, Councilman Schneider moved approval of Ordinance No. 1911 with respect to sewer rates for 1991-92. The motion was seconded by Councilman Mcnhaney which carried unanimously, 6-0. Agenda Item No. 13 - Confddera~km at an ordJnan~ _~'unth~_ a ~ franchise to F _erauson Cmsshta Plneltne ~. - Ph'st reading at the ordinance. City Attorney Locke explained this item. She stated that the franchise fee of 480.00 is established to cover staff costs. Councilman Birdwell inquired about the inclusion of a statement in the agreement that relates to the abandonment of the easement. City Attorney Locke stated that she will look into this. Councilman Birdwell moved approval of the first reading of the ordinance. The ordinance was seconded by Councilman Crouch which carried unanimously, 6-0. ~ !__t,~t_ No. 14 - Co~,4 _,,,~*~_,~_ at i,~ ~_c~ ara~_~ a ,~_]~_~_ fr~.cbto- to Union Pacific Texas Gathering, Inc. - First reading at the ~e. City Attorney Locke pointed out that the franchise fee is set at $59.0.00 to cover the preparation costs. Councilman Schneider moved approval of the first reading of the ordinance. The motion was seconded by Councilman Crouch. Councilman Schneider commented that the staff at Union Pacific and Ferguson Company is very professional in their work and he welcomed them to the city. City Council Regular Meeting Thursday, September 12, 1991 Page ? _Aaeada Item No. 18 - C~mddem~ of aa ordinance ameadlng ~ 10. Assistant Public Services Director Mark Smith addressed this item. He stated that this ordinance will amend the Tr~c Control Device Inventory to include two new stop signs at tee intersections of Pebble Creek Drive and Greens Prairie Road and the other intersection is in the Southwood Valley area at Calile Circle and Ponderosa Street. Councilman Mcnhaney moved approval of Ordinance No. 1912 adding the above referenced stop signs to the Traffic Control Device Inventory. The motion was seconded by Councilman Birdweil which carried unanimously, 6-0. Aaenda Item No. 16 - Hear Visitors. No one spoke. _A0enda Item No. 17 - Council Cmuments. Councilman Schneider reported that he is the liaison to the Conference Center Advisory Committee. He urged the other councilmembers to purchase tickets for the Brazos Folkfest Bail. Councilman Birdwen stated that the issue concerning the parking lot behind the Dixie Chicken should be placed on the agenda for discussion. Councilman Mc]]haney stated that she spoke with a property owner man who expressed concern about not having the ability to use the parking lot. She spoke with staff for some direction. City Attorney Locke replied that the lease provides that the Northgate merchants were allowed to participate on a pro rata basis based on total occupancy. She will visit with the owners of D~e Chicken about this provision. Mayor Pro-tern Brown asked staff to place this item on a future council agenda. Councilman Mc]]haney noted that the council needs to set a date for the council leadership retreat. City Manager Ragland has proposed several possible dates. Councilman McIlhaney emphasized that the leadership retreat is very important. Councilman Gardner asked about the status of the College Hills street rehabilitation projects. Mr. Ragland replied that in the next fiscal year, these streets will be moved to priority status and construction will continue. Councilman Brown referred to the memorandum from the City Manager about City Council Regular Meeting Thursday, September 12, 1991 Page 8 the various events scheduled for the following week. Aaenc~ Item No. 18 - City Mmueger Comma~ts. Mr. Ragland did not have any concerns. Aa~- !_*~,~ No. 19 - ~__,~__ ~n_ to _r~__~ve _~a ~ [6_~_~17C~(r)1 ~_~. ue,.dlna IMm_ timt _1'82~-17f_~_ f_e~}~. -- 19.1 Staff Report [6252-17(2)(r)] a. Legal Report b. Management Services Staff Report 19.2 Pending Litigation [6252-17(2)(e)] a. Dwight Rabe The council convened into closed session at 8:20 p.m. Aaenck IMm No. 20 - Actl~ on _~_os_n,4_ _~_,~_. The council reconvened into open session at 9:32 p.m. Aaend~ Item No. 21 - AdJount. Councilman Birdwen moved to adjourn. The motion was seconded by CounciLman Gardner which carried unanimously, 6-0. City Secretary Connie Hooks APPROVED: GUEST REGISTER CITY COUNCIL REGULAR HEETZNG THURSDAY, SEPTEMBER L2, L99L 7:00 P.M. 11. 12. 13. 14. 15. 16. e 17. 18. 19. 10. 20. 0 '% © ? '" ')