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HomeMy WebLinkAbout03/22/1990 - Regular Minutes City Council MINUTES CITY COUNCIL REGUL~RMEETIN~ THURSD&Y, MARCH 22, 1990 ?~00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Haddox, McIlhaney, Brown, Birdwell, Gardner COUNCIL MEMBERS &BSENT: Councilman Schneider STAFF PRESENT: city Manager Ragland, Assistant City Manager Brymer, Development Services Director Ash, Zoning official Kee, Planning Director Callaway, Councilman McIlhaney reminded the Council and staff that the "Gay 90's Ball" will be held on March 31st. Proceeds will go towards the Historic Preservation Committee. Aqenda Item No. i - CONSENT AGEND&. (1.1) Approval of the minutes of the workshop meeting, March 7, 1990, and the regular meeting, March 8, 1990. (1.2) Approval of proposals and bids for design/build services for the renovation of Southwood Valley Athletic Park tennis and basketball courts, approved funding from General Fund, FY 89-90. (Staff does not recommend award to iow bidder, the contractor did not meet specifications). The above items were approved by consent. &gena Item No. 2 - Consideration of a request to approve the Greater East Texas Higher Education ~uthority,s 1990 $50 million Student Loan Revenue Bond Issue. Mr. Larry Holt, General Counsel for the Greater East Texas Higher Education Authority, briefly explained this item. He requested approval for the issuance of $50 million in bonds to be sold within the next week to acquire guaranteed student loans. The proposed resolution provides that the Mayor approve the bond sale as required by the Internal Revenue Code. Councilman Birdwell asked Mr. Holt to comment on their default rate. Mr. Holt replied that their default rate is as good as the national average and probably better. Mayor Ringer remarked that there is no liability to the city. Councilman Birdwell moved approval of Resolution No. 3-22-90-02. Councilman Haddox seconded the motion which carried unanimously, 6-0. 007764 City Council Regular Meeting Thursday, March 22, 1990 Page 2 Aqenda It~ No. 3 - Consideration of proposed ohanqes to the Common Bryan/College Station policy on fundinq Public Service Activities throuqh CDBG. Discussion was held on this item at the workshop meeting. Councilman Birdwell moved adoption of the Bryan/College Station policy on funding Public Service Activities through CDBG with the recommended changes. Councilman Brown seconded the motion which carried unanimously, 6-0. Agenda Item No. 4 - Consideration of an ordinance amendin~ Chapter 7 of the Code of Ordinances of the City by addinq Section 9, requlatinq the public smokinq of tobacco products. Councilman Brown moved adoption of Ordinance No. 1843. motion was seconded by Councilman McIlhaney. The Councilman Birdwell amended the motion to remove a part of Section C(2) that begins with "...the areas that are used by customers .... ". Councilman Gardner seconded the motion. The motion to amend carried unanimously, 6-0. Ms. Locke reported that she contacted Mr. Frank Fields and he indicated that the restaurant association members did not express any problems with the ordinance. Also, the mall manager was contacted and she did not state a position, except that she was aware that designated smoking areas will eventually become a standard regulation in malls. Dr. Jim Rohack from the American Heart Association came forward and expressed his support of the changes. The motion to approve Ordinance No. 1843 carried unanimously, 6-0. Agenda Item No. 5 - Consideration of a resolution authorizing the Mayor to appoint a task force committee to revieww no-smokinq ordinance. Councilman Haddox moved approval of Resolution No. 3-22-90-05. Councilman Birdwell seconded the motion which carried unanimously, 6-0. O07765 city Council Regular Meeting Thursday, March 22, 1990 Page 3 ~gen~a It~ ~o. ~ - ~o--i~eration cf t~o petitions authorizing the creation of Precinct One and Precinct Four Rural Fire Prevention Districts in the Colleqe Station Extraterritorial jurisdiction. On behalf of Precinct One and Precinct Four, Brazos County Commissioner Gary Norton came forward to request the consent of the Council to include the city's ETJ on the May 5th ballot for proposed fire prevention districts. Mr. Norton described the location of Precincts One and Four. Councilman Gardner expressed concern about annexation. Mr. Norton noted that obviously if the city annexed any portion of a fire prevention district, that portion would be serviced by the city. Mayor Ringer noted that if the annexed fire prevention district had bonded indebtedness, then the city would not assume any liability for the bonds. Ms. Locke concurred. She further pointed out that the residents would continue to pay those bonds until they are paid off. Mr. Norton pointed out that it is unlikely that any bonded indebtedness will take place. Councilman Birdwell moved approval of the resolution authorizing the inclusion of part of the extra-territorial jurisdiction inside of the proposed fire prevention districts. Councilman Gardner seconded the motion which carried unanimously, 6-0. Councilman Birdwell mentioned that the Council received a letter from Mr. Jones stating his opposition to the fire prevention district Precinct Four. The vote was taken and motion carried unanimously, 6-0. &qenda Item No. 7 - & public hearing on the question of rezoninq eight tracts of land lying in the Texas Centroid Ranch, from &-O &gricultural Open and &-P Administrative Professional to R-4 Low Density&partments (10.78 acres), R-4 Low Density Apartments (34.94 acres), A-O Agricultural Open (25.85 acres), C-1 General Commercial (4.13 acres), A-P Adm~n{strative Professional (10.02 acres), ~-O ~gricultural Open (56.95 acres), R-1 Single Family Residential (115.60 acres), and R-3 Townhouse (22.86 acres). Senior Planner Jane Kee explained this item by stating that the purpose of the request is to establish zoning classifications for the development of the Pebble Creek subdivision and golf course. She presented slides describing the subject tract. Staff has identified no conflicts at this time between this request and the 007766 City Council Regular Meeting Thursday, March 22, 1990 Page 4 Comprehensive Plan, the development policies, or existing land uses. The Planning and Zoning Commission unanimously approved the rezoning. Councilman McIlhaney asked if there is a buffer between the golf course and proposed R-1 zoning. Ms. Kee replied that the area between the golf course and the area proposed for R-1 is the buffer area and it is 100 ft. wide at its narrowest point. She stated that the developer has submitted a letter indicating that they are in the process of writing the convenants and restrictions for the homeowoners association being established that will include maintenance responsibilities of the buffer. Councilman Gardner asked if the proposed park has been accepted by the city. Ms. Kee replied that she was unsure of any dedication of property at this time. Councilman Gardner mentioned that a recent legal notice stated that the Planning and Zoning Commission will discuss C-1 for this property. Ms. Kee clarified that this particular C-1 zoning is in reference to the maintenance facility for the golf course and clubhouse. Mayor Ringer opened the public hearing. Mr. Mike Sheridan, 1308 Sussex College Station, represented the developer. He came forward to answer any questions. Councilman McIlhaney asked about the screening between the C-1 and R-1. Mr. Sheridan replied that the developer has chosen to presently leave this area an open space and natural buffer. Discussion followed. Mayor Ringer closed the public hearing. Aqenda It.~ No. 8 - Consideration of an ordinance rezoninq the above tract. Councilman Haddox moved approval of Ordinance No. 1844. Councilman Brown seconded the motion which carried unanimously, 6-0. &qenda Item No. 9 - Consideration of an ordinance amendinq Chapter 11, Section 5 of the Code of Ordinances relating to garbage service regulations. Mr. Joe LaBeau mentioned that the ordinance would require the use of garbage bags and bundles at curbside in the residential system. It would also require that sharp objects be wrapped, and that construction refuse be contained at the site. He noted a 007767 city Council Regular Meeting Thursday, March 22, 1990 Page 5 correction on page 5, Section (3) (c)e, second sentence, removing "excluding alleway". Councilman Haddox asked Mr. LaBeau to publicly state why the citizens are required to use plastic bags. Mr. LaBeau stated that paper bags present a problem for the workers in handling these bags because it is often overpacked, and it becomes a public health problem when it is moist. Also, most solid waste professionals feel paper bags are not as effective in an environmental standpoint because the paper bag does not deteriorate. Councilman Birdwell asked staff to explain the reason for the requirement to cover garbage while hauling it to the landfill. Mr. LaBeau replied that it is a standard practice for most municipalities. Mr. Birdwell read the definition of bags ordinance defines a bag as a plastic bag with sufficent strength at least 2 mils thick. He suggested removing the portion relating to the thickness of the bag. Mr. LaBeau pointed out that many people tend to use the kitchen size garbage bag and it is not sufficient. Councilman Birdwell suggested adding to the definition of bag - Plastic sack or trash compactor sack; and removing no less than 2 mils. Mr. LaBeau addressed the issue of bag strength size. After further discussion, the council decided the strength of 2 mils should remain in the ordinance. Councilman Brown moved approval of Ordinance No. 1845 with the above recommended changes. The motion was seconded by Councilman Haddox. Mayor Ringer restated the changes. Councilman Birdwell made a motion to amend by striking in (B)(1) on bottom of page 1, top of page 2, the expression "a thickness of no less than 2 mils". The motion was seconded by Councilman Gardner. A vote was taken on the amendment and it failed by a vote of 2-4. FOR: Councilman Birdwell and Councilman Gardner AGAINST: Mayor Ringer, Councilmen McIlhaney, Haddox, Brown Councilman Birdwell asked staff to clarify the section regarding the reduced tipping fee for people who cover their garbage enroute to the landfill. Mr. LaBeau replied that the problem is enforcement at the landfill for commercial users. A vote was taken and the motion to approve Ordinance No. 1845 carried unanimously, 6-0. 007768 city Council Regular Meeting Thursday, March 22, 1990 Page 6 &genda Item No. 10 - Consider authorization to oontinue Joint Bold Waste Disposal study, Phase Two as amended (short-term implementation Dlan). City Attorney Locke referred to the changes which the Council recommended at the workshop meeting. Councilman Birdwell suggested stating in the agreement that the City of College Station and City of Bryan will share in the excess revenues equally rather than sharing the profits equally. Mrs. Locke agreed. Staff will also summarized the main components in the agreement, and addressed the equity issues. Mr. LaBeau stated that the joint solid waste management agreement creates a partnership between College Station and Bryan, allows the joining of waste streams, merge assets for joint ownership, and policy implemented by an administrative board. He added that the main focus of this joint effort is to generate savings for our customers through economies of scale. Mr. LaBeau reviewed the appraisal prices of both entities' assets. Council discussed the issue of each entities share of the tipping fee revenues. Councilman Brown suggested that the agreement state that any outside city that became a user of the landfill, the first $300,000 of excess revenues would be revenue for the City of College Station and any monies thereafter would be would be split on a 50/50 basis with the City of Bryan. Councilman Haddox commented that as a representative for the citizens of College Station, he would like the citizens reimbursed the $300,000 in a fair manner and assure they will not be penalized by combining the operation cost of the joint landfill. City Manager Ragland stated that staff realizes that unknowns will occur. He pointed out that one way to deal with the unknown situations is to establish a set of guidelines to operate within. Councilman Haddox and Councilman Brown expressed the importance of this project and the savings given to the citizens. Councilman Birdwell questioned the terms of the contract in respect to the $600,000 difference. Mr. Ilschner replied that in 007769 City Council Regular Meeting Thursday, March 22, 1990 Page 7 the beginning, the City of Bryan will add their $300,000 assets and College Station will add their assets amounting to approximately $1 million. When the agency is establish, it will pay the City of College Station back $1 million at 8% interest and the City of Bryan will receive $300,000 plus interest. Mr. Ragland pointed out that if the councils agree to the process presented, then the agency prepares a budget and present a proposal to both councils. The terms of the contract have not been concretely set in place. Councilman McIlhaney moved approval to authorize continuation of the joint solid waste disposal study. Councilman Brown seconded the motion which carried unanimously, 6-0. Agenda Item No. 11 - Consider approval of Joint Solid Waste Management Agreement. Councilman Brown moved approval of the joint solid waste management agreement. The motion was seconded by Councilman McIlhaney which carried unanimously, 6-0. Mayor Ringer recognized the efforts of the staff. Councilman McIlhaney stated that she appreciated the presentations which addressed all the alternatives. Aqenda Item No. 12 - Consider amendment to Traffic Control Devic~ Inventory, Schedule III of the Colleqe Station Traffic Code, Chapter 10 of the Code, by adding nine intersections to the stop sign controlled intersection list. Councilman Birdwell moved approval of Ordinance No. 1846. motion was seconded by Councilman McIlhaney and carried unanimously, 6-0. The Agenda Item No. 13 - Hear Visitors. No one spoke. Agenda Item No. 14 - Closed session to receive staff report [6252-~7(2)¢r)]. A. Legal Report The council moved into closed session at 8:35 p.m. Aqenda Item No. 15 - Action on closed session. The council reconvened into open session at 8:54 p.m. was taken. No action 007770 City Council Regular Meeting Thursday, March 22, 1990 Page &qenda Item No. ~$ - &djourn. Councilman Gardner moved to adjourn at 8:55 p.m. The motion was seconded by Councilman Brown which carried unanimously. APPROVED: Mayor~ 007771 GUEST REGISTER CITY COUNCIL MEETING March 22, 1990 7:00 4 5 6 7 8 9 10 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 007778