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HomeMy WebLinkAbout03/08/1990 - Regular Minutes City Council MINUTES CITY COUNCIL REGUL~RMEETING THURSDAY, M~RCH S, 1990 7:00 P.M. COUNCXL NEMBERS PRESENT: Mayor Ringer, Councilmembers Brovn, Haddox, HcXlhaney, Gardner, Birdwell, COUNCXL MEMBERS ABSENT: Councilman Schneider STAFF PRESENT: City Manager Ragland, Finance Director Harrison, City Attorney Locked, City Secretary Hooks, Budget Director Schroeder, Planning Director Callaway, Community Development Director Fette, Public Information Officer Calliham, Development Services Director Ash, Assistant City Manager Woody VISITORS PRESENT: See guest register. Mayor Ringer opened the meeting with Councilmen Schneider and McIlhaney absent. Agenda Item No. I - Consideration of an ordinance remealin, Chapter 7, Section 6, of the Code of Ordinances of the City of College Station regulating the sale of adulterated or misbranded mix or frozen desserts and adopting a new Section 6 of Chapter 7 of the Code of Ordinances regulating soft serve establishments within the city limits of College Station. Assistant City Attorney Marianne Banks presented this item. She stated that the Health Department requested that this item be placed on the agenda to bring the City Code into compliance with state regulations. Councilman Haddox moved approval of Ordinance No. 1841. The motion was seconded by Councilman Brown and carried unanimously, 5-0, with Councilman Schneider and McIlhaney absent. Agenda Item No. 2 - A public hearinq concerninq amendment to the City,s 19S9-90 Final Statement of Community Development Objectives and Projected Use of Funds. (Council Issues No. 2. 6. and 7). Community Development Director Dan Fette explained the proposed amendments. This amendment would change the current budget as follows: Code Enforcement $12,000; Housing Assistance $264,000; and, Interim Assistance $5,000. 007749 City Council Regular Meeting Thursday, March 8, 1990 Page 2 Aaend& Item No. 3 - Consideration to amend the Cit¥,s 1989-90 Final Statement of Community Development Objectives and Pro~ected Use of Funds. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Councilman Brown moved approval to amend the City's 1989-90 Final Statement of Community Development Objectives and Projected Use of Funds as proposed. The motion was seconded by Councilman Haddox which was approved unanimously, 5-0. Aqenda Item No. 4 - CONSENT AGENDA: (4.1) Approval of the minutes of the workshop meeting, February 21, 1990, and the regular meeting, February 22, 1990 (4.2) Approval of Bid #90-26, Substation Maintenance, Public Utilities Department, funds budgeted in FY 1989-90 Utility Fund. Staff recommends award to iow bidder, Bath Electrical Systems, Inc. Consent Agenda Item No. 4.2 was approved by common consent. Councilman Gardner removed Consent Agenda Item No. 4.1. He made a change to the workshop minutes of Wednesday, February 21, 1990, page 3, third paragraph, second sentence. The sentence was changed to read: "One concern is that the community is not ready for this increase and the means of offsetting will help less than fifty percent of the community." Councilman Haddox referred to page two, Agenda Item No. 2, first paragraph. He added a word in the last sentence to read as follows: "Mr., Dennis Goehring, President of the CSEDF has agreed to serve for a six month period or beyond, until a Director is hired." Councilman Birdwell moved approval of the minutes as corrected. The motion was seconded by Councilman Haddox which carried unanimously. 007750 City Council Regular Meeting Thursday, March 8, 1990 Page 3 &~enda Item No. 5 - Consideration and approval of a resolution author~zing an additional College Station Narcotics Investi~ator to be hired and assianed to the Brazos Valley Narcotics Trafficking Task Force beginning October 1. 1990 (Council Issue No. S). Police Chief Strope addressed this item. This request creates a third College Station Police Officer assigned to the combined Brazos Valley Drug Task Force. This is an opportunity for the City to apply for additional federal and state monies. District Attorney Bill Turner outlined the funding aspects of the federal grant. He noted that the State has changed the requirements for state for local governments and they must now fund 25% of the total grant budget in order to qualify for the federal and state budget. Mr. Turner also noted that he will be asking for $17,000 cash match from the county, but they will probably not add another person at this time. Councilman Haddox moved approval of Resolution No. 3-8-90-5 authorizing an additional College Station Narcotics Investigator to the Brazos Valley Narcotics Trafficking Task Force. Councilman Birdwell seconded the motion which carried unanimously, 5-0. Mayor Ringer expressed the Council's support for the effort of the law enforcement agencies and district attorney's office to fight the drug problem in the community. Aqenda Item No. 6 - Consideration of an ordinance oallinq for an election to be held on May 5, 1990, placinq on the ballot a proposition relatinq to the adoption of an additlonal one-half of one percent local sales and use tax within the city. Councilman Brown moved approval of Ordinance No. 1842. motion was seconded by Councilman Haddox. The Councilman Birdwell moved to amend the ordinance by adding a non-binding resolution to Section II to give the citizens an indication where the city plans to use the money. He read the amendment. The motion died for lack of second. Councilman Birdwell moved to amend the ordinance by adding a Section IV which includes the intention of the council that no tax will be implemented unless approved by the voters of Bryan. The motion was seconded by Councilman Brown. The vote was taken and the motion was defeated by a vote of 2-3. FOR: Councilmen Birdwell and Brown AGAINST: Mayor Ringer, Councilmen Haddox, Gardner 00775 , City Council Regular Meeting Thursday, March 8, 1990 Page 4 Mr. Tom Jenkins, 2205 Shady Oaks Ct., Garland, Texas, City Councilmember, addressed the Council. He spoke on the issue of the local sales tax options. Councilman Gardner expressed his reasons why he opposes the ordinance. Councilman Birdwell stated that he proposed this issue to staff a year ago, and he looked at it as a way to solve the problem of excessive funds being transferred from utility fund to the general fund. However, he does not agree with the wording of the proposed ordinance; therefore, he will vote against it. Councilman Haddox clarified to the members of the audience that the proposition for the ballot as worded in the ordinance is prescribed by law. He also stated that the increased sales tax gives the city the opportunity to bring in additional income to allocate toward other needs of the City. Subsequently, he will vote for the ordinance because it allows flexibility to decide where these monies will be allocated. Ordinance No. 1842 was approved by a vote of 3-2, Councilman Birdwell and Gardner voting against the motion. &~enda Item Ho. ? - Consideration of an ordinance anendin~ Chapter 7 of the Code of Ordinances of the City of College 8tationr Texas by addinq Section 9, requlatinq the public smokina of tobacco products. City Attorney Locke recalled the changes made by the Council during the discussion of this ordinance in the workshop session. Mrs. Locke mentioned that the restaurant owner will decide what type of signs he will use to designate smoking and non-smoking areas. Dr. Jim Rohack of the American Heart Association thanked the Council for addressing this ordinance. He commented on two areas of concern. 1) enclosed shopping areas and malls; and, 2) places of employment. Dr. Rohack felt designated smoking areas should be placed within the mall and that the mall should not be exempted from the ordinance. Councilman Birdwell made a suggestion to defer the ordinance until next council meeting, and in the interim, mail a copy of the ordinance to the restaurant association, and contact the mall management. Dr. Herman Brown addressed the Council. He asked for council's consideration of Section C.2 to change the ordinance as it 007752 City Council Regular Meeting Thursday, March 8, 1990 Page 5 pertains to the mall and that it be included in the ordinance as a prohibited area for smoking. On the other hand, designated areas be placed throughout the mall for smokers. Dr. Brown asked the Council to consider authorizing the Mayor to appoint a Citizens Task Force Committee to study the ordinance after one year. Councilman Brown moved approval of Ordinance No. 1843 and include in Section C.2, that designated smoking areas be placed in the mall, and add under General Provisions a citizen task force. City Attorney Locke requested that the designation of a task force be approved by resolution. The motion was seconded by Councilman Birdwell. Councilman Birdwell moved to defer consideration of the ordinance until next council meeting and in the interim contact the mall management and the restaurant association. Councilman Gardner seconded the motion which carried by a vote of 5-0. Mayor Ringer asked staff to prepare a resolution establishing a task force to review the ordinance on an annual basis. A~enda Item No. 8 - Hear Visitors. No one spoke. Aqend& Item No. 9 - Closed session to receive leqal report [6252-17 (2) (r)] and personnel [6252-17¢2) Ca)]. The council moved into the training room for closed session at 8:05 p.m. Councilman McIlhaney arrived at the meeting. Aqenda Item No. 10 - Action on closed session. The council moved back into open session at 8:50 p.m. was taken. No action Aqenda Item No. 11 - Adjourn. Mayor Ringer adjourned the meeting. City Secret~y ~bnnie Hooks Mayor Lar~-'J~. ~ ~b 007753