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HomeMy WebLinkAbout11/12/1987 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, NOVEMBER 12, 1987 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Boughton, Brown, Haddox, McIlhaney, Gardner, Jones COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Acting City Manager Ragland, City Secretary Jones, City Attorney Locke, Director of Capital Improvements Ash, City Planner Callaway, Personnel Director Dickson, Budget Director Schroeder, Finance Director Harrison, Public Utilities Director Woody, Director of Public Services Miller, Public Information Officer Calliham, Council Coordinator Hooks STUDENT GOV'T LIAISON: Kevin Buchman VISITORS PRESENT: See guest register. Agenda Item No. 1 - Signing of a proclamation designating November 9-15, 1987 as "Organ Donor Awareness Week" in College Station, Texas. Mr. Richard Eller, representing the Texas A&M Medical School Chapter of the Texas Medical Association, accepted the procla- mation from Mayor Ringer. Councilman Boughton announced that the publication entitled COLLEGE STATION 1938/1988 is being sold at several locations. Also, the Historical Homes Calendars are available for purchase. She pointed out that these two projects have been organized by the Historic Preservation Committee to raise funds for the 50th anniversary celebration in 1988. Agenda Item No. 2 - Approval of the minutes of the City Council Workshop Meeting, October 21, 1987 and the City Council Regular Meeting, October 22, 1987. Councilman Boughton corrected page 4 of the Thursday, October 22nd minutes by deleting the word "of" in the second paragraph under AGenda Item No. 11. 06423 CITY COUNCIL REGULAR MEETING THURSDAY, NOVEMBER 12, 1987 Page 2 Councilman Boughton moved approval of the minutes as corrected. Councilman McIlhaney seconded the motion, which carried unan- imoussly, 7-0. Agenda Item No. 3 - A public hearing on the question of imple- menting a fluoridation treatment program for water distributed by the City of College Station. Mayor Ringer opened the public hearing. Dr. Robert White commented that the dental co, unity is very in- terested in the implementation of a fluoride program in the city. He stated that many dental practitioners throughout the community feel the reasons for the program are very advantageous to the residents. Mr. Edward Harris, professor at Texas A&M University, Department of BioChemistry and BioPhysics, presented the Council with scien- tific facts on fluoridation. He stated that fluoride is essen- tial in the early periods of life, and the proposed .8 mg per day is noted to be totally harmless. Dr. O.C. Cooper, 1101 Walton Drive, expressed his opinion in favor of fluoridation. He stated that it helps prevent decay of the teeth; he explained why maintaining good teeth is important to the human body. He pointed out that the fluoridation treat- ment may also help in preventing serious illnesses in the elderly. Dr. Heinkel, dental health specialist for the Department of Health, addressed the Council. He read excerpts from a magazine called "Viewpoint", an American Dental Association publication. He noted a paragraph in a letter from the the Surgeon General, who stated that the "United States Public Health Service reaf- firms its strong endorsement for fluoridating water supplies to an optimum level and this preventive measure is the single most important commitment that a community can make to the oral health of its children and future generations." Mr. Bill Adams, graduate student from Texas A&M University, came forward to speak against fluoridation. Before the meeting, he presented to each council member a book called "The Aging Factor" which sites problems associated with fluoridation. Mr. Adams re- ferred to documented material from the American Medical Associa- tion and National Academy of Sciences. He pointed out that the "'06424 CITY COUNCIL REGULAR MEETING THURSDAY, NOVEMBER 12, 1987 Page 3 dosage of water someone drinks cannot be controlled. He pre- sented many articles of studies conducted which conclude that fluoride does not contribute to prevention of dental caries. Mr. Erik Loluer, a student at Texas A&M University, spoke in op- position to fluoridation of city water; he said that every per- son should have the right to decide whether or not he or she wants fluoride treatment. Mr. Doug Hiser, a student at TAMU, stated that this issue is not a decision that should be determined by a vote of the people,be- cause it would be extremely difficult to educate citizens on the facts. He asked Council to consider carefully both sides. Dr. Robert McGeachin came forward to speak on behalf of many Col- lege Station parents and children who favor fluoridation. Mr. Doug McGovern, 2205 Stephens, Bryan, Texas, spoke in opposi- tion to fluoridation. He read excerpts from a book entitled "Fluoridation and Tooth Decay". He noted the statement that it is a misdemeanor to sell or give away one fluoride pill, which equals approximately 1 mg. of fluoride in each quart of fluori- dated water. Dr. Scott Makins, a local dentist, addressed the Council. He spoke strongly in favor of fluoridation treatment. He mentioned that consumption of food products affects each person differently and the intake of chemicals, such as fluoride, sodium or calcium, will vary from each individual. Dr. Rick Williamson, a local dentist, spoke to the Council. He stated that many children he treats are in severe pain with tooth decay because their parents cannot afford a toothbrush or tooth- paste or dental checkups. He strongly urged fluoridation to help the poverty-level families. Mr. Bill Adams returned to address the Council. He pointed out that fluoride is not required for good dental health. He sug- gested that the money spent to implement this system could other- wise be used to instruct persons on the techniques of good oral hygiene. Mr. Adams discussed additional documented information. Mayor Ringer closed the public hearing. 06425 CITY COUNCIL REGULAR MEETING THURSDAY, NOVEMBER 12, 1987 Page 4 Agenda Item No. 4 - Consideration of an ordinance authorizing.the implementation of fluoridation treatment program. Councilman Brown moved approval of Ordinance No. 1730 authorizing the implementation of the fluoridation treatment program in the water system of the City of College Station. Councilman Brown's motion was seconded by Councilman Jones. Councilman Gardner pointed out that a case could be made either way; he added that he considered the possibility of a referendum but dismissed it as being too costly. He stated his support for the ordinance. Councilman Boughton commented on her family's dental background and said she felt very strongly that fluoride is a definite con- tributor to the family's oral health. Councilman McIlhaney stated that she talked to several sources in other states to obtain information about fluoride in other cities. She commented that the benefits available outweigh the detrimental aspects of fluoridation. The motion to approve the implementation of a fluoridation treat- ment program was approved unanimously, 7-0. Agenda Item No. 5 - CONSENT AGENDA: PLATS: #87-216 - Final Plat - Amending Plat Nantucket Phase One BIDS: 988-10 - Police Patrol Cars (12) each 988-11 - 3/4 ton crew cab pickup truck (1) each 988-12 - Landfill Compactor (1) each 988-13 - Uniform Rental/Cleaning Service The items were approved by common consent. Agenda Item No. 6 - Consideration of an ordinance amending Chapter 7, Section 1-C of the Code relat%Dg to weeds and other unsightly vegetation. City Planner Callaway described this item. He stated that staff had received several letters suggesting that council review and revise the Code to allow a provision for wildflower growth in the City. He explained that the draft ordinance exempts the follow- ing from the height requirement in the current ordinance: 1) vegetation in state highway rights-of-way, 2) agricultural 06426 CITY COUNCIL REGULAR MEETING THURSDAY, NOVEMBER 12, 1987 Page 5 areas, agricultural meaning crop production and/or grazing, 3) heavily wooded areas filled with uncultivated underbrush, and 4) wildflowers in a cultivated turf area. He further explained that the term a "cultivated turf area" is defined by the staff as a lawn area which receives periodic maintenance. Wildflowers are interpreted as an assortment of flowering plant species which naturalize and can grow with little or no influence by man. Councilman Haddox asked for clarification of the interpretation of a "cultivated turf area". Mr. Callaway replied that this is interpreted to be a lawn, an area which consists predominately of grass and a type of area which normally receives periodic maintenance. Councilman Gardner asked for clarification of "unsightly vegeta- tion'' as stated in the current ordinance. Ms. Locke stated that the definition of this word as included in the ordinance was taken from the statutes. Mayor Ringer announced that although the agenda item was not a public hearing, he would allow anyone interested in speaking to the council to do so. Mrs. Nan Mefferd, 1107 Ashburn, summarized the events leading her to file a formal complaint against the owners of 1119 Ashburn. She explained that weeds and grasses at this residence were often well above 12-inches and very unslightly. After being cited by the city, the owners mowed their property to comply with the or- dinance. Mrs. Mefferd pointed out that the present ordinance ad- dresses health concerns including rodent problems, and fire hazards. She stated that if the fourth exemption were added as presently worded, it would allow too broad an interpretation of weeds. Mrs. Janet Kling, 1113 Ashburn, addressed the Council. First, she stressed that this problem is not just a neighborhood prob- lem; she found many people city-wide who are opposed to the fourth exemption in the proposed amendment. She stated that she had a petition with 75 signatures. She referred to several let- ters the Council received from persons opposing the exemption,and mentioned that one of the letters was from Joyce DiBacco, Chair- man of the Community Appearance Committee. At Mrs. Kling's request, many citizens in the Council Chambers stood to show support of Mrs. Kling's statements. '06427 CITY COUNCIL REGULAR MEETING THURSDAY, NOVEMBER 12, 1987 Page 6 Mr. Chris Kling, 1113 Ashburn, spoke in opposition to the fourth exemption to the proposed amendment. He reiterated the concerns expressed by the other speakers. Mrs. Phillis Nelson, a member of the Comunity Appearance Commit- tee, came forward to clarify that the Community Appearance Com- mittee did not vote on this question, but they discussed the is- sue and concurred that Item #4 in the proposed ordinance needed further study and research. Councilman McIlhaney noted that the staff is looking at alterna- tive ways to landscape the neighborhoods parks by growing wild- lowers; also, the Highway Department has recognized the idea of growing wildflowers. She added that wildflowers can be aesthet- ically pleasing if grown properly with guideline procedures; she suggested that the item be tabled to allow for further study by the city. Mrs. McIlhaney reported that she spoke with a land- scape architect from Houston who plants wildflowers, and he would be able to provide information on proper maintenance of the flowers. Councilman Haddox stated that the existing ordinance is adequate and should be left as is. He pointed out that the ordinance allows citizens to grow wildflowers, and he referred to the re-' sponsibility that should be realized by city residents. He noted that if a problem occurs in the future, the ordinance can be re- viewed again at that time. Councilman Gardner commented on the suggestion made by Councilman McIlhaney and indicated his support. Mrs. Kling commented on the procedure under which the ordinance has been enforced. She stated that someone must find the prop- erty objectionable and file a formal complaint, before the city inspects the location and takes action. She added that the city must continue to have guidelines so that mowing of weeds and other unslightly vegetation can be properly enforced. Councilman Boughton stated that she agreed with Councilman McIlhaney's suggestion. She pointed out that the city could work on ways to improve the existing ordinance, and that currently the ordinance is enforced in an inequitable way. Councilman Haddox moved to reject the proposed ordinance. Councilman Brown seconded this motion. The motion to reject the proposed ordinance carried by a vote of 4-3. 06428 CITY COUNCIL REGULAR MEETING THURSDAY, NOVEMBER 12, 1987 Page 7 FOR: Mayor Ringer, Councilmen Haddox, Brown, Jones AGAINST: Councilman Gardner, McIlhaney, Boughton Councilman McIlhaney moved to direct that the Community Appear- ance Committee review the use of wildflowers as an alternative use of landscaping and make recommendations, including guide- lines, to the council. The motion carried by a vote of 6-0-1, with Councilman Haddox abstaining. Mr. Kling requested that the Ashburn neighborhood be formally notified if this issue appears on a future agenda. Mrs. Kling added to this request that the 75 petitioners receive a copy of the agenda. Mayor Ringer pointed out that the meetings of the Community Ap- pearance Committee are open to the public. AGenda Item No. 7 - Consideration of a resolution authorizing the Mayor to enter into a water sales contract with the Texas Speed- way Limited Partnership. City Attorney Locke described the item. She stated that the sale of water to the Texas Speedway began in 1969, and in 1983 the city entered into a formalized contract executing this sale. She noted that this contract will expire in early 1988, and the pro- posed contract will provide for sale of water until 1992. This date will also include the expiration time for all other outside water sales contracts. Councilman Boughton moved to approve the resolution authorizing the Mayor to enter into a water sales contract with the Texas Speedway Limited Partnership. Councilman Haddox seconded the motion, which carried by a vote of 7-0. AGenda Item No. 8 - Consideration of appointment of two members to the Board of Directors of the Greater East Texas Hiqher Education Authority, Inc. Mr. Larry G. Holt, General Counsel for the Greater East Texas Higher Education Authority, was present to answer any questions about the proposed appointments. -06429 CITY COUNCIL REGULAR MEETING THURSDAY, NOVEMBER 12, 1987 Page 8 Councilman Brown moved to appoint Mr. Leonard C. Williams, Place 2, and Dr. Charley V. Wootan, Place 4, to the Board of Directors of the Greater East Texas Higher Education Authority. Councilman Boughton seconded the motion, which was approved unan- imously, 7-0. Agenda Item No. 9 - Consideration of funding the Wolf Pen Creek Park and Drainage Development. Budget Director Glenn Schroeder presented the item. He stated that funding for the drainage aspects of the study will be al- located from drainage improvement bond monies. Funding for the parks related aspects of the project will be allocated from the interest earnings on unappropriated bond monies. Mayor Ringer noted the following amounts: $36,178.00 of bond monies for drainage improvements, and $49,959.00 from unappropri- ated interest earnings for parks. Councilman Haddox moved approval of funding for Wolf Pen Creek Park and Drainage Development as recommended by staff, $36,178.00 of bond monies for drainage improvements and $49,959.00 of unap- propriated interest earnings for parks. This motion was seconded by Councilman Brown and carried unanimously, 7-0. Agenda Item No. 10 - Consideration of an ordinance amending Chapter 8, Section 10.D of the Code authorizing Updated Service Credit and increased prior and current service annuities for Retirees. Councilman Boughton moved approval of Ordinance No. 1731 amend- ing Chapter 8, Section 10.D authorizing Updated Service Credit and increased prior and current service annuities for Retirees. Councilman Brown seconded the motion, which was approved un- animously, 7-0. Agenda Item No. 11 - Consideration of funding Texas Municipal Retirement System rate increases from operating contingencies. Councilman Brown moved approval to fund Texas Municipal Retire- ment System rate increase from operating contingencies; general fund, $12,360.00, utility fund, $3,131.00, Sanitation fund, $989.00. ' 06430 CITY COUNCIL REGULAR MEETING THURSDAY, NOVEMBER 12, 1987 Page 9 Councilman McIlhaney seconded the motion, which carried unan- imously, 7-0. Agenda Item No. 12 - Consideration of a resolution casting votes in the Brazos County Appraisal District Board of Directors Election. Councilman Boughton moved approval of a resolution casting 419 votes for the election of Celia Stallings to the Brazos County Appraisal District Board of Directors. Councilman McIlhaney seconded the motion, which carried 6-0-1, with Councilman Jones abstaining. Agenda Item No. 13 - Hear Visitors. No one spoke. Agenda Item No. 14 - Closed session to receive reports [6252-17(1)(r)] and land acquisition [6252-17(2)(f)]. Councilman Gardner left the meeting. The Council convened in an executive session. Agenda Item No. 15 -Action on closed session. The meeting was re-opened to the public. No action was taken. Agenda Item No. 16 - Adjourn. Mayor Ringer declared the meeting adjourned at 10:22 p.m. ATTEST: ~ry A PP ROVE D: "06431 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, NOVEMBER 12, 1987 7:00 P.M. 13. 14. 15. 16. 006454 30. 41. 42. 43. 006435