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HomeMy WebLinkAbout10/10/1991 - Regular Minutes City CouncilTHTJI~Z~Y, OCTOBEIt I0, 1991 7.'O0 P.M. COUNCIL lV~"~m~ PI~SE1TI': Mayor Ringer, Councihnembers Brown, Mcllhaney, Gardner, Schneider COUNCIL ~ ABSENT: Councilmen~ers Birdwell and Crouch City Manager Ragland, Asst. City Manager Brymer, Asst. City Manager Woody, City Secretary Hooks, City Attorney Locke, Executive Director Management Sen, ices Piwonka, Executive Director Fiscal/Hunch Resources Schroeder, Police Major Feldman, Public Information Officer Calliham, PARD Director Beachy, Asst. PARD Director Ploeger John Lauletta See guest register. _AC~__,t~ !~___,~ No. 1 - -~__-,,dna of a ~,ocl~,,v~o~ d_~_~_ ttna the week of Octobe~ 6-12, 1991 ss 'Pttblic Powe~ Week'. Mr. Ray Havens, Electrical Superintendent for the City of College Station, accepted the proclamation signed by Mayor Ringer. Mayor Ringer also signed the proclamation for Energy Awareness Week. A_~__,40 !_~m No. 2 - ~,~hta of a m~-]J,~,~t d_~?,~,J~n? the w,~__k of _Octo___l~w 1991 ss 'Natiottsl ~ Wome~t's Week'. Mr. Lyle Myrta Bratton and Andrea Carrett accepted the proclamation signed by Mayor Ringer. /~_,~__,t~ !t__,,~_ No. 3 - m?,dna of a ~n:~-l~,ma~_on ,4_~_?~_~_a the ~ of 21-~8, 1991 ss 'W~r oa Drum Week'. Ms. Barbara Jones of the Bryan/College Station Apartment Association accepted the proclamation signed by Mayor Ringer. ~,~_,4, !t__,~_ No. 4 - ~,',,dng of a Iz'~_ ~3-,tm~__~_ ,4~t,~ m~g the ~ of Octob~ November 3, 1991 ss "An~i-Pm'no~ Awsreasss Week'. This proclamation was removed from the agenda. City Council Regular Meeting Thursday, October 10, 1991 Page 2 Mr. Gib Sawtelle accepted the proclamation signed by Mayor Ringer. ~._.?~..-'.a It~ No. 6 - pr:,__-~=_~__~_n of five 1,~_~lc ~!-,~1~ tO Five persons received historic plaques to mark their homes as a reminder to future generations of our heritage. #1 Eric and Lanette Schulte, 601 Montclair #4 Manning and Nita Smith, 1004 Ashburn #7 Anna Lou Jessup, 115 Lee Avenue #8 and #9 Doug Pederson & Jack Threadgill, Twin City Properties 908 Montclair No. 7 - Pr~_~_ ts__~!on_ of Certlflestss of ~tion for 18 N~_!wr__h_eod ~ !_~_a_e, rs of ~ _~_ot curbside recycling csmmd~. Mayor Ringer announced the names of the persons who were selected as neighborhood leaders of the pilot curbside recycling campaign. He presented certificates of appreciation to those present. Aaer,_ds Item No. 8 - CONSENT AGENDA. (8.1) Approval of minutes for the workshop meeting, September 25, 1991, and the regular meeting, September 26, 1991. (8.2) Consideration of an ordinance vacating and abandoning a portion of a twelve inch sanitary sewer line easement which crosses and lies within Lot 1 of the Boardwalk, a subdivision in the City of College Station, Texas. (8.3) Request for purchase approval to renew annual contracts. (8.4) Consideration for approval of Community Development funded housing assistance projects where contracts were let for more than $10,000. (8.B) Consideration of FY 1991-92 budget submitted by the Brazos County Emergency Communication District. (8.6) Consideration of approval of lease agreement with Junction §05 for a recycling drop-off center. (8.7) Consideration for approval for authorization to submit an application for the rental rehabilitation program funded through the Texas Dept. of Housing and Community Affairs. (8.8) Consideration of a resolution declaring intention to reimburse expenditures for construction of improvements to Welsh Avenue. (8.9) Consideration of a resolution declaring intention to reimburse expenditures for construction of Woodcreek Park. (8.10) Consideration of a resolution declaring intention to reimburse City Council Regular Meeting Thursday, October 10, 1991 Page 3 expenditures for construction of improvements in Central Park and Merry Oaks Parks. (8.11) Consideration of a resolution requesting the Brazos County Commissioner's Court to impose a $1.80 fee on the regisu'ation of motor vehicles, said fee to be used for school crossing guards and for other child welfare measures. The staff requested that Agenda Item No. 8.2 be removed from the consent agenda. The remaining items were approved by common consent. Mayor Ringer stated that the staff has requested that tl~ item be approved contingent upon the re-routing of the sewer line and the dedication of the new easement. Councilman Schneider moved approval of Ordinance No. 1915. The motion was seconded by Councilman Mc]lhaney which carried unanimously, 5-0. City Secretary Hooks explained this item. She stated that the Health Department has expressed objection to the request due to the sole reason that the ardmals are within the 100 feet distance from the adjacent property owner, Mr. and Mrs. Hoyt Taylor. A letter was also received from Mr. Taylor stating his objection to the unsightly conditions. Ms. Regina Jamieson spoke to the council. She presented pictures of the animals which reside on her property. She noted that she does not have city water or sewer, but she pays city taxes. She stated that she lives one-half mile from the dump and there are winds which prevail from the dump. She pointed out that almost everyone along Rock Prairie Road has animals. She urged the Council to allow her to use the entire property for her animals. Mr. Eddie Balch of the Brazos County Health Department mentioned that the distance from the property line to the Taylor's house is 75 fi. Councilman McIihaney asked Mr. Balch if he felt the property was maintained well. Mr. Balch replied that the property is in good condition. Ms. Debra Jesek, 408 E. Rock Prairie Road addressed the Council. She lives on the property south of Ms. Jamieson and she does not object to the ardmals on the property. Councilman Brown moved approval of the variance request to issue Ms. City Council Regular Meeting Thursday, October 10, 1991 Page 4 Jamieson a permit to keep livestock on her property. The motion was seconded by Councilman Schneider which carried unanimously, 5-0. Councilman Schneider asked if anyone from the staff is aware of other violations. Ms. Locke replied that surrounding properties are probably grancifathered from the ordinance. The property in question was annexed in 1983. AOmtda Item No. 10 - ~tian of a permit to lmep mm goat at 310 ~ Avsaue within the city limits. City Secretary Hooks explained this item. She stated that Ms. Vandomeien was not present. She requests approval of the permit to continue to keep her goat which has lived on the property for more than twelve years. Councilman Mcllhaney moved approval of the issuance of a permit to Mrs. John VonDomeien. The motion was seconded by Councilman Brown which carried unanimously, 5-0. _Aosnda Item No. 11 - A public hearing for sa ~t to the Cods Ol'dJrm~c~; _t~_,_~.,~,._ 4. -__~3~___~_ 13. _l'e~_ ,',~ re~,l~,fl_,al_ of the Asst. City Attorney Neal Coates explained this item. He stated that the ordinance revisions include organizational changes as well as substantive changes. The most significant change empowers the City Engineer to oversee the ordinance. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. _Aosada Item No. lB - Cmuddsmtion of sa s.,mmdm~tt to the Co,]~ r,,lmS,tg to ~,~ mi*em. Councilman Brown asked if the ordinance covers the EPA guidelines. Mr. Coates replied that the permittee would be required to follow the EPA guidelines and the city ordinance would not intrude on the EPA's authority over any possible accident at the site. Councilman Brown moved approval of Ordinance No. 1916. The motion was seconded by Councilman Schneider wMch carried unanimously, 5-0. City Council Regular Meeting Thursday, October 10, 1991 Page Agenda Item No. 13 - Cansiclemtion of a preliminary plat - Woodcreek Section 6. Planning Director Jim Callaway explained this item. He stated that this item includes a variance request to the cul-de-sac length on Lake Forest North. The Planning and Zoning Commission recommended approval with the following conditions: 1. A sidewalk on one side of Lake Forest South and Lake Forest North 2. All presubmission report requirements be met Councilman Mcnhaney moved approval with the staff recommendations. The motion was seconded by Councilman Schneider which carried unanimously, 5-0. Agenda Item No. 14 - Consideration m~! ~ of ~n ardfnm~e which _zeau tes acts of so tcit coarcian. (Aamme _Beaatn_ Major Ed Feldman presented an overview of past problems associated with aggressive begging that generated this ordinance. This ordinance would prohibit any type of begging in a forceful manner toward a resident. Councilman Schneider stated that he has experienced these type of problems during any hour, day or night. Major Feidman stated that this ordinance will be another tool to deal effectively with these problems. Ms. Delthia Wallace, 701 Highland, spoke to the Council about the problems she experienced in her neighborhood. She encouraged the Council to approve this ordinance. Councilman Brown moved approval of Ordinance No. 1917. The motion was seconded by Councilman Schneider which carried unanimously, 5-0. Councilman Gardner stated that he will vote for the ordinance but with reluctance. He added that it does not appear the ordinance will help the average citizen. Aaancl~ Item No. lB - Consideration of ~ in rtala~hborhood ~n~rk curfew PARD Steve Beachy stated that the curfew hours in the neighborhood parks are recommended to change from 1:00 a.m. - B:00 a.m. to 11:00 p.m. - §:00 a.m. He added that this item developed because of instances that have taken place in the parks. The community parks (Central, Bee Creek, Thomas, and Southwood Athletic Parks) would remain unchanged. Councilman Brown noted that the change of curfew hours will hopefully diminish City Council Regular Meeting Thursday, October 10, 1991 Page 6 some of the crime problems. He asked if an organization was interested in utilizing the park for a party, would the city have the flexibility to let the group gather after that time. Mr. Beachy replied that the ordinance provides for this. The individuals are provided a written notification of approval and a copy forwarded to the Police Department Dispatch. Councilman Schneider stated that there are other areas of the parks that should be also looked at, for instance, the growth of vegetation in Brison Park. Mr. Beachy replied that this issue was brought up at the Parks Board meeting. He stated that the Parks Department will take care of the underbrush and growth problem this fall. Councilman Schneider moved approval of Ordinance No. 1918. The motion was seconded by Councilman Mcl]haney which carried unardmously, 5-0. Agenda Item No. 16 - Cmtskiemtioa of the 1991 Standard BLdlding Code and Councilman Brown moved to approve Ordinance No. 1919 with the removal of Sections (I) and (J) in Appendix 6. The motion was seconded by Councilman McIlhaney which carried unanimously, 5-0. _Aaenda Item No. 17 - Consideration of an ordinance amending Clm~)ter 6. Section 1. Subsec~m A(1) and (~_. rela~nq to the Fire Preven-~on Code. Councilman McIlhaney moved approval of Ordinance No. 1920. The motion was seconded by Councilman Brown which carried unanimously, 5-0. _Aaenda Item No. 18 - Consideration of an ordinance ~ Cl~__~a~__ 14 of Code__ by q,4,H,tg -__q~_ _fl_,m 5 and 6 es~,li=Mng I list of services prm, M~4_ Councilman Schneider moved approval of Ordinance No. 1921. The motion was seconded by Councilman Gardner which carried unanimously, 5-0. Councilman Brown moved approval of the resolution. The motion was seconded by Councilman Mcnhaney which carried unanimously, 5-0. _Aae~ Item No. 20 - ConsJder~6~m of sa franchise to Ur~on City Attorney Locke noted that the termination provisions have been amended in City Council Regular Meeting Page 7 Thursday, October 10, 1991 order that the franchisee may terminate the facility earlier than the expiration of the franchise agreement. CounciLman Schneider moved to approve Ordinance No. 199.9.. The motion was seconded by Councilman Mcllhaney which carried unanimously, 5-0. Ammck Item No. 21 - Cmvddsmtion o~ ~n ot'dtnsace ~onmtlno_ Mayor Ringer noted that the termination provision also applies to this franchise agreement. Councilman Mcrlhaney moved approval of Ordinance No. 19:;t.3. The motion was seconded by Councilman Brown which carried unanimously, 5-0. Agond~ Item No. ~ - ~ Visitors. No one spoke. Agenda Item No. 23 - Closed session to receive stuff resort (9.3.1) Staff Report [6259.-17(2)(r)]. The council moved into closed session at 8:05 p.m. _Aaond~ Item No. 24 - Action on closed session. The council moved back into open session at 8:18 p.m. No action was taken. Aaenda Item No. 26 - Adjourn. The meeting was adjourned at 8:15 p.m. /~0~/~EST: ' ecret~j' Comaie Hool~ APPROVED' GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 10, 1991 7=00 P.M. 15. 16. 17. 18. 19. 10. 20.