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HomeMy WebLinkAbout01/09/1992 - Regular Minutes City Council ~S CITY COVHC]L REGVLAR MEE~G ~, fAHVARY 9, 1992 7.'00 P .-%'L Mayor Ringer, Councilmembers Brown, Crouch, MclLhaney, Cardner, Schneider Councilman Birdwen City Manager Ragland, City Attorney Locke, Assistant City Manager Brymer, Assistant City Manager Woody, Executive Director Piwonka, Executive Director Schroeder, Public Information Officer Calliham, City Secretary Hooks, Assistant City Attorney Coates, Development Services Director Ash, City Planner Callaway, City Engineer Punen, Sanitation Superintendent Smith, Assistant City Engineer Morgan, Senior Planner Kee See guest register Mayor Ringer presented this proclamation to Coach Ross Rogers and the football team. Coach Rogers recog'nized the members of the football team. _Aaenck Item No. 2 - Pmseat~tion at a historic pls~e to College Station r~ddeat from College_ Station Histodo Preser~ Comm~.ee. Mayor Ringer presented a historic plaque to Joseph and Eaten Motes of 1309 Walton. Item No. 3 - CONSENT AGENDA. (3.1) Approval of minutes for the special meeting, December 5, 1991, the workshop meeting, December 11, 1991, and the regular meeting, December 12, 1991. (3.2) Final Plats - Woodcreek Section 6 North and South (3.3) Cemetery Entryway and Irrigation Improvements. Staff recommends award of low bid including two alternates to Marek Brothers in the amount of $75,889. The Cemetery improvements include over 1000 feet of new iron fencing, planters with irrigation and a new fountain. Waterlines win also be instaned in Section J and K. City Council Regular Meeting Thursday, January 9, 1992 Page 2 (3.4) Bid #92-10 - Purchase approval of two (2) three phase line reclosures, Public Utilities Electrical Division. Staff recommends award to KBS Electric, total expenditure $30,504. (3.5) Bid #92-18 - Purchase approval of one (1) 65 ft. Aerial Device (Bucket Truck) and Cab and Chassis, Public Utilities Electrical Division. Staff recoramends award to Hi-Tech as low bidder meeting specifications on aerial device and Hendrix G'MC for cab and chassis, total expenditure, $75,444. (3.6) Bid #92-19 - Purchase approval of one (1) 36 fi. Aerial Device (Bucket Truck), Public Utilities Electrical Division. Staff recommends award to Hi-Tech as low bidder, total expenditure, $16,435. (3.7) Bid #92-22 - Purchase approval of one (1) Cab and Chassis Truck, Public Services Departruent, Streets. Staff recommends award to Brasher Motor Company as low bidder, total expenditure $23,960. (3.8) Bid #92-23 - Purchase approval of two (2) utility tractors, Parks Department. Staff recoramends award to Brookside Equipment Sales, Inc. as low bidder meeting specifications, total expenditure $17,627.64. (3.9) Bid #P082-02-92T - Purchase approval of Automated Solid Waste Conection Containers, Public Services Sanitation Division to be used in residential and commercial conection. Staff recommends award to Heil Company as low bidder meeting specifications, total expenditure, $530,060.25. (3.10) Request for purchase approval of miscellaneous vehicles through the State Purchasing and General Services Commission on state contract to various low bidders. Total purchase price, $372,818.29. Funds available as budgeted in the FY 1991-92 veMcle replacement fund. (3.11) Request for purchase approval to pay maintenance agreement for computer system at Police Department, Applied Digital Data System, total expenditure $12,608. (3.12) Request for purchase approval of 7500 feet of underground primary conductor and terminators for the PubUc Utilities Department Electrical Division. Staff recommends award to Techline as low bidder, total expenditure, $12,390. (3.13) Ratification of tax abatement agreement with C.C. Creations. (3.14) Approval to negotiate a contract with an outside consultant to perform a Comprehensive Convntmication Study. The above consent agenda items were approved by common consent. City Council Regular Meeting Thursday, January 9, 1992 Page 3 _A0enda Item No. 4 - A public hearing an the question of an ame~.d~g final plat of Lots 1, & 3, 4, and Dart of 5 Block gl-A, College Park. Th® subject pmpm'ty k located on the south akle of Dezter between Burr ~ Psrk Pl~ce. Assistant City Engineer Veronica Morgan described this item. Ms. Morgan explained that the amending plat will allow for the relocation of the interior lot line between lots 2 and 3, so that a single family house can be built on lot 3A without setback problems. In addition, the plat wm combine a sn~11 triangular piece from the original lot 3 with lot 4 to create lot 4A. She presented slides of the plat. The Planning and Zoning Commission unanimously approved this plat. Councilman Crouch asked Ms. Morgan for the frontage width of the lot. Ms. Morgan replied that Lot 4A is approximately 60 feet, Lot 5A is approximately 36 feet, and Lots lA, 2A, and 3A are approximately 50-55 feet. Mayor Ringer opened the public hearing. No one spoke. The Mayor closed the public hearing. _Aaenck Item No. 8 - Cm~d~mtion of~n ~mending ~l~t of Lots 1.2. 3. 4. and m~t ofI~t S Block 21-A. CounciLman Schneider moved approval of the amending final plat. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. ~?~,,_ ,4m !~___~ No. 6 - A ?~#,', l,__,~ng to c__,~_ ~4,4~_ sn ~_c~ m~ the overlay · lana the U~ Drive corridor fi'om the T~n'ow inter- Ms. Jane Kee identified previous action by the Council on the creation of the overlay district. She explained that the next step is the implementation of recommendations in the University Drive Report. The item presented is toward actually applying the overlay ~]i-~trict to the properties along the University Drive corridor. This will affect all properties with frontage along University from the Tan'ow intersection east to the East Bypass. She emphasized that the existing properties developed along the corridor will not meet the new restrictions. Ms. K_ee added that these properties will become non-conforming. Ms. Kee mentioned the staff notified 100 property owners. One person spoke to the Planning and Zoning Commission in opposition. This person expressed concern for the property owner. He felt that the overlay requirements would perhaps impose an undue hardship on the development, suitability, and marketability of the property. She clarified to the Council that the application of the overlay district does not preclude someone from addressing the Zoning Board of Adjustment with their concerns. Ms. Kee indicated that concerns were raised at the P&Z meeting by a representative of the City Council Regular Meeting Thursday, January 9, 1992 Page 4 property owners of developed land. These concerns were related to the impact of the overlay district to the developed properties and the city's clarification of non-conforming use. Ms. Kee stated that the Planning and Zoning Commission unanimously recommended approval. Councilman Brown asked in the non-conforming businesses would have to comply with the d~-~'ict if the properties were totally redeveloped. Ms. Kee remarked that if the Legal Department determined that the existing non-conforming use had been abandoned, then the property come into compliance with the new ordinance. However, at the present time a building permit will not give the city s,~cient authority to require compliance. She added that the non-conforming status will allow the business to operate as in the past. Councilman Gardner indicated that the existing properties comply as a use. Ms Fee replied that he is correct. She added that the overlay district does not include a list of permitted uses. Mayor Ringer opened the public hearing. Mr. Chuck EliSion, 2902 Camille Drive, came forward. He represented two businesses on University Drive, Logco Properties (Chimney Hill) and Rosco Holdings (Best Western), came forward. He expressed opposition to the ordinance on behalf of his clients. The porpwrty owner's concern is not knowing the future city staff and city council positions on the issue of non-conformance. He added that the current staff members have assured him that they win not require compliance. Mr. Ell~on requested that the ordinance should provide mechanisms to protect the businesses on this issue in the future. Mayor Ringer closed the public hearing. No. 7 - C_-o~. ~,4__,~n, fin of an ordinm~m~ r-~"~ng to *~_~ overlay ,4btdct Councilman Brown moved to table the issue and asked staff to provide alternatives to meet the established business owner concerns. The motion was seconded by Councilman Schneider. Mayor Ringer asked the City Attorney what the city's options are. Ms. Locke replied that the staff incurs problems not knowing what type of compliance the council wants and to know exactly what is the property owner's concern. She interpreted the case law which states that non-conforming use status applies to the shopping centers as a whole. In previous cases, the council determined that certain smaller lot sizes are an exception to the non-conforming use status. Ms. Kee discussed the case of the Prairie View Heights Subdivision. Ms. Locke remarked that she does not know exactly what the property owners intent is. For instance, does the property owner want to be able to change the use and comply with City Council Regular Meeting Thursday, January 9, 1992 Page ai~erent sign regulations? Does the property owner want setback issue on parking?. Ms. Kee pointed out that if the ordinance specified exceptions, it does not preclude future councils to amend or act in whatever manner they wish. The bottom line is that there are no · bsolute guarantees. Councilman Brown remarked that he would like the ordinance to clarify what the businesses can and cannot do. Councilman Gardner commented that the ordinance is not vague in terms of non-conforming uses. Mayor Ringer remarked that the businesses are non-conforming in terms of the overlay Ri-~trict. City Attorney Locke replied that the case law links non-conforming use status into zoning issues rather than building code uses. Councilman Mc]lhaney pointed out that the passage of this ordinance does not preclude the future councils to amend the ordinance. City Attorney Locke agreed. Mr. Chuck Ellt-~on replied that he does not feel comfortable with the staff's arguments. He further added that the property owners are uncertain of what happens when the business becomes non-conforming. He is concerned that the ordinance does not specifically define these concerns to safeguard the property owner. Mayor Ringer restated Councilman Brown's motion as fonows. Delay consideration of the ordinance and ask staff to provide safeguards for existing developed property. City Manager Ragland pointed out what Mr. ]:.nison is requesting the council to do and that is to incorporate the non-conforming law into the ordinance. The vote was taken on the motion to delay consideration of the ordinance which failed 3-3. FOR: Councilmembers Brown, Schneider and Crouch AGAINST: Mayor Ringer, Councilmembers Gardner and Mclihaney Councilman Crouch moved to direct the City Attorney to put in written form the amendment into the ordinance at this time. Mayor Ringer suggested that this item be delayed until the City Attorney can prepare this information and move to the next agenda item. Mayor Ringer indicated that the conclusion of this item will be discussed when the staff returns with their recommendation. City Council Regular Meeting Thursday, January 9, 1992 Page 6 Assistant City Attorney Neal Coates addressed this item. He indicated that Fossil Mound has agreed to the assessment of $34,900 for his portion of the construction costs on the 675 fl. extension of Welsh Street. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 9 - Cmuddemtion of au ordhtauc~ declaring the necess~ for the coa~mm~don of a ~ of Welsh Street and umvldina that the abutth~_ ~ owner. Councilman Brown moved approval of Ordinance No. 1934. The motion was seconded by Councilman McIlhaney which carried unanimously, 6-0. Agenda Item No. 10 - Cmuddaration of au apnlication for the drilling of ell and gas off Rock Prairie Road east on the Olden Property. Councilman Brown moved approval of the application. The motion was seconded by Councilman Crouch. City Engineer Pullen stated that there are several alterations to the permit. He presented these changes to the Council. The motion carried unanimously, 6-0. _Aoauda Item No. 11 - Ballot for casting of votes on nominations for the Board of Dtrectm's of the Br~os CounW ~al District. Councilman Brown moved to cast 370 votes for Celia Goode to the Board of Directors of the Brazos County Appraisal District. The motion was seconded by Councilman Crouch which can'ied unanimously, 6-0. Aaenda Item No. l~t - Hear Vlsitms. No one spoke. The council took a short recess at 7:§0 p.m. in order that the City Attorney and staff can fln-l~.e the written statement for Agenda Item No. 7. City Council Regular Meeting Thursday, January 9, 1992 Page ? The meeting continued at 8:00 p.m. Mayor Ringer read the proposed statement which is an added section to the ordinance. 'Section 2. As long as existing developed buildings, structures, or parking lots continue under current uses permitted in the current zoning ~]~-~trict, such non conformity shall be treated as grandfathered and allow to continue without compliance with this ordinance." Councilman Schneider moved to approve Ordinance No. 193§ with the above addition. The motion was seconded by Councilman Brown. Councilman Gardner questioned why the additional statement identifies existing businesses as 'grandfathered". Mayor Ringer remarked that the city is inserting the definition of non-conforming use in this ordinance. Councilman Gardner asked for the clear definition of the term "use". Ms. K. ee replied that as case laws evolved, in terms of the way the property is developed and the arrangement of the buildings, etc. is part of the overall use of the property. She agreed that there can be confusion about the status of the term. Further discussion was held. The motion to approve the ordnance carried by a vote of 5-1, Councilman Gardner voting against. Aaenda Item No. 13 - Adjourn. Mayor Ringer adjourned the meeting at 8:02 p.m. AT2~ST: ; , City Secretary Connie Hooks APPROVED: _- GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 9, X992 7:00 P.M. 20.