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City Council Regular Meeting
Wednesday\~. January 23, 1991
Page 5
(3.10) . Approval of extension ofblanketP .0. >forFlexRx.
Councilman, BirdwenremovedConsentAgendaItemNo.~.7and3.8.'
The .:remaining'itemswere. . approved ....by .common .consent.
IternNo.3.7 -RelayandContr()lPanelsand Fiber Optic Cable. total purchase
$470.370.50. . . .' .;' .' . ". . .
COun.cilinanBirdweUasked. lilt. would be possible to receive an explanation from
the>PublicUtilitiesDivisionabout the services and expenses incurred with this
partIcular' project.
Ma-yor J;fuLgeraskeci City Manager Ragland and Public Utilities Director Woody
to .acrldress..CouncihnanBirdwen's"concem. ..
CouhcilInan Birdwell asked for. an explanation of the bid . evaluation on the relay
panels. Ms. McCartney replied that the percentage penaIties were included:in
theQid:p~cket.Accordingtostate law bidding practices, the city cannot allow
anyp~ations from. the minimum specifications. In this case, the percentages
wereaCivertisedaccordingIyandthe bidders were aware.
Item, N(). 3.8- Substation Maintenance Bid #91-09. total Drice~19.040.00.
Ms. ~c()artneystated that the Contract Review Committee reviewed the
contract a:ndrecommendedtheindemnityprovision in this particular case.
Councilwo.menMcTIhaneymovedto approveConsentAgendaltemN,0.3.7 and
No. 3.8. ..'rhe motion was seconded by Councilman Crouch and carried
unanimously, 7-0.
Agenda . Item No.... 4 . -.ADD88lof.P&Z.'dental.fora ...condlt1onal.use.Dermitfor
Daqutrl's Etc. to sell beer. '. Wine andsnaclcs at 329Unfvers1ty Drive.
Senior Planner. Jane.Kee presented this item. Staff determined that this
establishment. meets . the definition. of.a. llnightclubll. . . She reported .that the Pr()ject
Review Committeedvotedinfavor of this request. The Planning and Zoning
denied the request.
MS.Pen~YPenningtonSied,807WmdingYear. .' a.St., . College . Station. She
presented. a..'floor. plan and .' operating hours 0 .... the nightclub.. She asked council
for approval of the permit. She pointed out that the establishment lsnot within
300 feet ofachurchorschool.
Mr. Dudley Smith, 4200 Nagle, spoke to . the Council. He expressed his
opposition to this request.
COtulcilx;nanBirdwellrn.ovedt()igt'ant . the. <::ottmti<:>nal usepennit fqr Daquiri's,
~tc.'withthe.,,'.understandhtg..that.. the..applicant.....appliesonIy.for....a..beer/wine
license.
008:076
City Council ReguIar Meeting
Wednesday, January 23, ...1991
Page 6
Councilman Gardner seconded the motion.
Discussion followed.
The motion carried by a vote of 4-2, Councilman Crouch andC()uncilman
Schneider voting', agamst.
.Amm.' ..' .... daltettlNo. B-A'Dprdval of final plat-Callie.Add1tion
~22). ................. '. ..................................... ...... ,-
Ms. Veronica Morgan presented this item.
\
Councilman Birdwell.. movedapprovaIofthisfinaI plat with the Planning . and
Zoning Commission recommendations . and staff's recommendation.
The motion was seconded by CouncihnanBrown which carried unanimously,
7-0.
Ammda Item No. 6 -COntfnua1km ofapublic hearing toccmsldet rezordng Lot
a2,Block6.SouthwoodTerrace .3-0 from R-I SJngleFa:mIly toR-lA-SIngle
Fa:mIly.
Ms..Keestatedthatthepublic. hearing. was not closed at . the.' last. meeting;
therefore, the.public hearingshaI1continue.
Ms. Keebegan with a staff presentation. She presented slides showing the
existing property and surrounding ..10ts.
She. mentioned.. that... a petition. was"receivedin opposition '.to this rezoning
request. . In order for the council to approve the rezoning, they must do so by
3/4 majority vote.
Staff recommended approval of the rezoning . request toR-lAg
-;
Ms. Keeexplainedthe procedures using the rezoning process versus the
variance procedure.
Mr. Mike McClure, 1722 BroadmoorBryanrepresenting the applicant, spol<:ein
favor of the rezoning request.
Mr. James Burke, 3208 Bahia, .addressed the council. He stated he circulated a
petition that stated opposition to the rezoning. Many neighbors are opposed to
this request.
The'. public hearing' was closed.
/'
008077'
Mr . Brochu explained to .theContnlission . that the Design Review
Board requested >amore .pe.rmanentparldng ..lotplaninsteadof
thetempOrary'plan in.itiallysubmitted,addingthatthe Board
was reluctant .to approve a temporary. parking lot without
knowing bow the permanent. lot. woulQ >be. developed. The. Board
wanteQ.to knowhow the permanent lot would impact the. land and
the assurance that>a permanent parking lot would be installed.
Mr. '..Garrett..informedtheBoardthatif the.. bank was .'wi.llingto
dedicate the land<, the <applicant will be determined to finish
the '.'project.
Chairperson.Sawtelle closed. the pUblic hearing.
Mr. Esmond moved ..toapprove . the . temporary parking lot plana t
504 Har'V'eyRoad. Mr. Michel seconded the motion.
Mr. Hall expres.sedconcern o+>creatinq another "Mud Lot". In
one year, the Commission will be in the same situation if the
applicant does not OWn .thelanQ. By approving a temporary
parking ..lot.in . the. \Yp.lfPen . Corridor , a . future . precedence is
being . set. The . gravel. will permanently damage the post oak
trees. ...Mr. . Hall Aug<Je~te~ tabling the item until the
applicantcould.g(iinll\oreinformationfrom the bank concerning
land dedication and ownership of the lot.
Mr. Dresser stated that the design of the lot would be
acceptablefo:capermanent loti' The size, islands, curbs,
screening, etcareallabovecitystandards.
The motion failed 'byan ........even split.. vote (3....3)... Members
Colson, .. Sawtell.e, .'. ....andHall<<yoted. ..against the motion and
members Dresser,. . Michel., and Esmond voted ..for the motion .
AGENDA. ITEM NO... 7: Apublichearinqfor.cons'ideration of a
Conditional Use Permit for a night club, Daquiries, Inc.
located at 329 University zoned C-NGin the 'Northgate area.
(90-715)
Assistant Planner Kuenzel presented the staff :r"eport
reconnnendingapproval. . As of May 1990 , night clubs are listed
as Conditional Uses.. in .....all..commercial districts. When a new
establishment is found to rely primarily on the sale of
alcoholic. beverages by . ...the ....drinkfor its business, the
proprietor of that establishment must seek and obtain a
Conditional Use Permit. ThePRCreviewed this project on
December. 5, .1990. '. Of.. the three voting members, the
Engineering ....andPlanning...representatives '..had no objection to
the proposal. .. . .' The Plannin<1and Zonil1gcommissioner voted
against the establishment because he. felt enough of this type
of business already exists.. in this area. Twenty seven
property .owners were ....notified..withno.response.
SeniorPlannerKee ... informed the Board thatthePRC handles all
landscapingreqllirements .. in the Northgate area. The applicant
didnotsubmi1=.aformaldrawingat thePRCmeeti.ng on December
5,1990. When the applicant applies for abuilding permit,
landscape drawings will be required.
Mr. Hallaskedabouttheparkingreqllirementsforhigh density
businesses in ..the . Northgatearea.
Senior PlannerKee stated that the PRC has dis(~ussed
reqllestinga .. . traffic impact study in the Northgate area;
however ;therearenocurrentparkingreqllirements..
Chairperson . Sawtelle .' opened ..thepubl ic . hearing.
Abdel__Mo()ti.<Mohammad of 605 Fairviewinformed the. Commission
thattheestablishmentwDuldnotbeanight .club. The use
wc:nl1clb~<llltlC:h.li.~ethe.oldFarmers .. :MC).rketwith. pool tables,
games;,.....sandwiches,.........snacks,. .anddaquiries.made"of wine.
ChairpersonSawtellet'_closed the public hearing.
Mr. Esmond expressed concern to th.e.area beIng apede~;trian
hazard and ...conditional u,se ..permits .intheNorthgat.e area
should be handled on a case by case basis.
Mr. ........ ...Dres'ser_.mp;Yfadtoapprove . the conditional use permit. .of
Da.qll~riEaslocatedin .theN.orthgate area. Mr. -'Colson seconded
themotio,n whichf.ailed 4 2. Members Sawtelle, Hall,
Esmond, and "'-Michelvotedagainst the motion while members
Dresser and Colson voted for approval.
AGENDA ITEM NO. .8: Apublichearinq for consideration of a
Conditional ...usepermit'for anoffi<ce 'building at the Sanitary
Landfillloc~ated 2,.5 miles south of Highway 6 on Rock prairie
Road. ( 90-714)
Assistant Planner Kuenzel presented the staff report
recommending approval with the PRC recommendations. The
office building will be located across from the existing
weighing station. Two property owners were notified with no
response to date.
Mr.. Dresser stated that the crossing of utility easements was
not corrected on the site plan.
Assistant to City Engineer Morgan informed the Commissiorl that
the crossing of utility easements are subject to cllange,
adding that an engineer is currently working on relocating the
easements.
Chairperson Sawtelle opened the.publichearing.