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