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HomeMy WebLinkAbout09/26/1991 - Regular Minutes City Council~ 26, 1991 7.'00 P.M. Mayor Ringer, Councilmembers Brown, Birdwell, Schneider, Crouch, Gardner, Mc]]haney Executive Director Fiscal/Human Resources Schroeder, City Secretary Hooks, Executive Director Management Services Piwonka, PARD Director Beachy, Planning Director Callaway, Senior Planner K_ee, Fire Chief Orange, Asst. Fire Chief Giordano, Public L-~formation Officer Ca]liham John Lauletta See guest register. ~___,j,m___,4= !t__,~ No. 1 - -~_?ttna of a Diro~_-l= _meflo~ ,,a'-'~____~ma~la_ the ,A~--~_ of Oct_o_tJ~T__· 1-13, 1991 as 'Brazos Folk Feet Week'. Parks and Recreation Director Steve Beachy accepted the proclamation signed by Mayor Ringer. ~ Item No. 2 - Rt~__~_,,j_ of a IZ~__-!-_m~fi,~_ ,4__~__~,,~,~a_ the wee__~ of Octo___tc~-. 6-13, 1991 as ~ Pmven~n~ W_,~_~ Asst. Fire Chief David Giordano accepted the proclamation signed by Mayor Ringer. _Aoeada ! _tern_ No. 3 - ~,,-Jna of a ~1- _l~fln~ d_--4~ _,7,~ting Oct_obi_ 8, 1991 Mayor Ringer read the proclamation and presented it to Asst. Fire Chief Dave Giordano. Aaends Item No. 4 - Pr~__en_ t~a__nn_ of two htmt__~__c _--,l~a,:~ to C~11_~__ S~aon residents fi'om the Colle~je. SWa_nn_ T-n,~dc Preserwaon C,Jrnmi~ The chairman of the Historic Preservation Committee Gary Halter and Mayor Ringer presented historic plaques to residents of College Station who own historic homes. 1) Dr. Timothy & Mary Hayes of 600 W. Dexter; and 2)Kenn and Tammy Harding of 9.00 W. Pershing. Councilman Birdwell recognized Ms. Nancy Tiner, former resident of 9.00 Pershing. City Council Regular Meeting Thursday, September 26, 1991 Page 2 Agen~ Item No. 5 - CONSENT AGENDA. (5.1) Approval of minutes for the Regular Meeting, September 12, 1991 and the Budget Retreat, August 28-29, 1991. (5.2) Final Plat - Southwood Valley Section 24F (5.3) Final Plat - Part of ~)uall Run Estates Phase I and part of Oak Lake Estates (5.4) Bid #91-49 - Approval of purchase for street lighting poles and accessories for FM 2818 extension, Public Utilities Electrical Division, URB '84 Bond Funds. Recommend low bidder, Power Supply, Inc. ($24,700) (5.5) Approval to renew annual contracts (5.6) Approval of facility user agreement between the City and the Boys and Girls Club of the Brazos Valley. (5.7) Approval of agreement with Health Strategies, Inc. to provide a managed care program. (5.8) Approval of insurance carrier with best bid for property and liability insurance. The staff removed Agenda Item No. 5.7 from the consent agenda for consideration at a later meeting. Agen,4~ Item No. 6 - Conslds~tion of ~n ~ for a condiftonsl use permit dented by the ~g snd Zoning Commission for a pm'idng lot to be located nt 10~ Foster. Senior Planner Jane Kee explained this item. She stated that the Chili's management purchased the property on Texas Avenue and the lot at 1022 Foster which is behind the restaurant. Subsequently, the management demolished the house on this property. It was Chili's intent to develop the property for additional parking at a later time. Ms. Kee presented slides showing the property. She stated that the property is zoned R-6 which requires a conditional use permit to develop a commercial parking lot. The Planning and Zoning Commission voted 3-3 to deny the conditional use permit. She stated that Chili's currently has 98 parking spaces with a proposal to add 32 spaces on Foster, for a total of 130 spaces. She noted that 69 spaces are required by the Zoning ordinance. Ms. Kee noted that property owners addressed the Planning and Zoning Commission with several concerns. Some of the concerns addressed were aesthetics, lighting, and late night noise. She stated that the Chili's proposal includes only vehicular traffic through Chili's City Council Regular Meeting Thursday, September 26, 1991 Page 3 parking lot. The property that fronts Foster will be birmed, similar to the city hall parking lot. The proposal also includes an 8 fl. screened fence along the side property lines. A 10 fl. light pole will also be furnished. Ms. Kee pointed out that a motion was made by Commissioner Esmond to table the request. The motion failed by 2-4. Ms. Kee discussed two approaches to this problem. The question is whether the city accepts a "piecemeal" approach or wait for alternatives from Chfli's. Ms. Kee pointed out that the Zoning Ordinance allows three options for the council in considering appeals of use permits. 1) uphold the Planning and Zoning Commission decision. 2) overturn the decision. 3) remand back to the Planning and Zoning Commission for further consideration. Councilman Gardner asked if it is true that the reason the businesses on Texas Avenue have a large setback is because of the right-of-way on Texas Avenue. Ms. Kee replied affirmatively. Mayor Ringer opened the public hearing. Mr. Tim Fox on behalf of Chili's approached the council to speak in favor of the request. He stated that Chili's has a parking problem that needs to be resolved. Chili's statistics reveal that in a town this size, the parking lot is adequate. However, this store opened as one of the largest volume stores out of 240 stores nationwide. The question is will it slow down. The proposed additional parking of 32 parking spaces will be about right on a typical weekly basis. He noted that the parking lot could be designated as employee parking. There are approximately 9.5-30 employees cars that are taking up the spaces closer to the building which may cause some people to park in the city's parking lot. Mr. Fox referred to Mrs. Powell's concerns. He suggested a 6 foot rod iron fence on the front part of the lot, and wood fences on both sides of the property. Councilman Gardner asked if the management looked at larger locations. Mr. Fox replied that this location met their needs according to the demographics, statistics, etc. But, the management did not anticipate the overwhelming welcome from the patrons. Mr. Fox further stated that if the level of volume decreases somewhat, the parking problem will remain four days of the week. Councilman Brown remarked that Chili's may be a little premature in asking for a decision from the council at this time. Mr. Fox explained that he has a problem controlling the parking. He further noted that when his employees have to park City Council Regular Meeting Thursday, September 26, 1991 Page 4 across the street, he cannot offer security. Additionany, he may not be able to provide security across the street at city ha]] for his patrons. Mr. Fox noted that the money is allocated for construction at this time. Eventually, after a few months the money may be ut~li~.ed elsewhere. Councilman Birdwell added to Councilman Brown's concern. He first began by saying that he is very appreciative that Chili's recognized the parking problem, and approached the staff to resolve the issue. Mr. Btrdwell mentioned that two other establishments in the city have a parking problem, and they did not approach the city with a solution. Mr. Birdwell stated that he was impressed by Commissioner Esmond's survey. He asked Mr. Fox if he had a problem to defer this issue for two months to see if there is reany a need for space after the '~honeymoon" period. Councilman Schneider asked Mr. Fox for the capacity of the restaurant. Mr. Fox replied 200 seats with 5125 square footage. Mr. Fox further stated that the seating capacity is derived from the fact that there is an average of 1 car per three patrons. He described the foundation of the parking lot. Mr. Fox stated that the parking lot is not a permanent structure. The situation may arise that someone may offer to buy the property in the future. Mr. Fox clarified that this property at 1022 Foster came with the property where Chili's is located. Ms. Ruth Ann Powen of 1020 Foster addressed the Council. She is opposed to the parking lot next to her house. She stated several reasons why. For instance, loud noises, racing engines, blaring horns, etc. She noted that the area is designated as a residential neighborhood. Ms. Powell suggested that the patrons park in the city hall parking lot at night. Mr. Robert Myer of 308 Pershing addressed the Council. He owns the lot at 1024 Foster. He objected to the request of the parldng lot. He supported Ms. Powell's concerns. He also addressed a concern about the business changing ownership at another time, like many restaurants in the city. He noted that in his personal view, all residential areas in the two block area of Foster will be surrounded by walls. He thanked the council for allowing him to speak. Ms. Harriette Andreac]i~ of 200 Francis addressed the council. She stated that she agrees with Ms. Powell's concerns. She has seen a considerable change this fan in the density of traffic in the neighborhood. She noted that when Chili's opened, there was an influx of parking in front of her home at lunch time. She complained about this problem to city hah. She noted that since that time, the parking problem has declined. City Council Regular Meeting Thursday, September 26, 1991 Page Ms. Andreadis noted that in her opinion, a rod iron fence is not appropriate. It does not buffer sound. Her major objection is the increased noise. She also objected to the lighting. She noted that the asphalt pavement makes for more noise, and it increases heat. The quality of life and the aesthetics should be of primary importance and the city should develop long range solutions for such situations. Mr. Frank Sheppard, Jr. of 1403 Angelina Circle approached the Council. He owns the property at 1019. Foster. He noted that he is apprehensive about the restaurant because it is also a bar. He supported Mr. Myers and Ms. Powell's concerns and urged the Council to find another alternative to this problem. Mr. Sid Parker of 103 Francis addressed the Council. He owns the property at 109.6 Francis. Mr. Parker remarked that he was not notified by staff that Chfli's was building a restaurant. He supported the other resident's objections spoken tonight. Mr. Parker noted that the city did not notify him about the no parking signs in front of his house. He did not appreciate being treated like an outsider. Mayor Ringer clarified that when the property is zoned a particular use, and the developer intends to ut~l~.e this property as the use, there are no requirements for public notification. Mr. Fox re-emphasized that the two lots were purchased at the same time. Councilman Birdweli commented that he appreciates Mr. Parker's concerns. He also pointed out that Ms. Kee is an outstanding employee and does a very good job. Mayor Ringer indicated that the owners of the property within 9.00 fi. should have been notified by mail. This information is obtained from the tax rolls. He referred to Mr. Parker's convnents about the no parking signs. He stated that the Planning staff does not deal with signs, it is the traffic department. Mr. Fox noted that the liquor mix is 11.4% to food, and this is not a problem in most cities. Mayor Ringer closed the public hearing. Counc~ Brown asked about the setback from city hall to Texas 707. She replied that this is the Highway Department fight-of-way. Mayor Ringer stated that this is property planned to be used for the Texas Avenue widening, so there is not additional space in the front. Councilman Birdwell made a motion to delay consideration of this appeal for 90 City Council Regular Meeting Thursday, September 26, 1991 Page 6 days. Councilman Brown seconded the motion. Councilman Crouch suggested that during the 90 day period, a more scientific monitoring of the parking situation be conducted. Councilman McIlhaney supported the motion. She stated that her concern is not only to receive proper statistics, but to also look at this in broader terms for future problems. Councilman Schneider commented that he also hoped the staff will look at this in a broader issue. Councilman Gardner stated that there should be a policy written for the use of the city lot. Mayor Ringer remarked that there is not anything we can do to keep them from using it. The problem is the use of the lot during business hours. Councilman Birdwell commented that this issue can come back to the council at the next meeting in January after the 90 days. The motion carried by a vote of 6-1, Councilman Schneider voting against. Mayor Ringer thanked the visitors for their comments. _Aaende Item No. 7 - Consideration of an ordinance cr~_..afl,ta ~ 14, 1.2. 3. 4, and 5, of the Code__ es~h,,h~g a list of s_,,~,~ srov~_d~ by the those fees ~ se~arlte rmolutiort. Councilman Birdweil moved adoption of Ordinance No. 1913. The motion was seconded by Councilman Schneider which carried unanimously, 7-0. _Aaende Item No. 8 - ~__aon_ of a _re~___u~ set~__~ ~ 14 of the Code of the City of Councilman Brown moved approval of the resolution setting the fees established by Ordinance No. 1913. The motion was seconded by Councilman Mcrlhaney. Councilman Gardner discussed the charges for emergency medical services. He referred to page 2 of the resolution, (i), (j) and (k). He proposed to change the fee for basic emergency services transportation to $180.00 and the basic non transportation service to $50.00. He stated that under his proposal, the city would receive $107,000. He believes that the burden should be placed on all the taxpayers. City Council Regular Meeting Thursday, September 26, 1991 Page 7 Councilman Birdwen asked Mr. Schroeder to explain how much Medicare pays. Mr. Schroeder replied that Medicare win probably continue to pay $100.00. The other insurances will vary significantly, but most will pay 80/20 on the co-payment plan. Councilman Gardner moved to change A 2(i) to read that the Basic Medical Services without transportation shall be charged $50.00 per person. Secondly, in A 2(j), the Basic Medical Services with transportation to a location shall be charged $1§0.00. Thirdly, A 2(k), the Advanced Life Support Services with transportation shall be charged $150.00. The motion was seconded by Councilman Schneider. Councilman MclLhaney asked to receive staff feedback on Mr. (.]ardner's proposal. Mayor Ringer commented that part of the reason there is not a charge, is because this is part of their taxes. Also, the insurance will not pay for this type of service. Fire Chief Orange responded that Mayor Ringer is correct, this is the same position of the Fire Department. When an ambulance is called and transportation is required, it is an insurance carrier issue. Councilman Schneider asked Chief Orange to explain why the fee is the same for both the Basic services and Advanced services. Chief Orange responded that these costs are consistent with other EMS providers in the area, and it is a common fee nation wide. Councilman Gardner indicated that his packet information reflects the fact that our city would be the highest paid in comparison with other cities surveyed. Councilman Mc]]haney pointed out that the fees have not been revised in quite some time. Also, we deliver quality service to the citizens and we should continue to provide proper training for our employees. The amended motion failed by a vote 1-6, Councilman Gardner voting for the motion. The original motion to approve the resolution as written carried unardmously, 7-0. City Council Regular Meeting Thursday, September 26, 1991 Page 8 Councilman Birdwell moved approval of the second reading of the ordinance. The motion was seconded by Councilman Crouch which carried unanimously, ~Aaenda Item No. 10 - Co,ideation of an mdinance flmtch~ to Fer~ ~on Councilman Schneider moved approval of the second reading of the ordinance. The motion was seconded by Councilman Crouch which carried unanimously, ~Aaeada Item No. 11 - Co~,4 _,~fl_,~_ of an ~.c~ a~_,~__,4~ta C~,-~_~ 3 of Code of ~ces by m,4,4~a a new _~,~,,_~c~__,~t_ F __~'~ing to the of ~ z)ermit to cut the pl~vem~t Gn p~,l~l~c streets, _G~1_~,w~11,~ Ind m11_,~,w~y~_ Assistant Public Services Director Mark Smith approached the Council. Councilman Crouch made a graramatical correction on page 2 of the ordinance to change "whom" to %vho". Councilman Birdwell moved approval of Ordinance No. 1914. The motion was seconded by Councilman Mcnhaney which carried unanimously, ?-0. _Aaead~ Item No. l~t - Hear V]sitom. Mayor Ringer announced that the second meeting in October is the TML Annual Conference. The council concurred that if the staff finds it is necessary to meet on Thursday, October 31st, then there win be a caned meeting. Aaend~ Item No. 13 - C!o____~,4_ ~n,t to _rec_,~e ~-c,_ ,,~ ]-,,d ~_~,l~_~ [s_~-17~_2)COL and _-~~el 13.1 Staff Report a. Legal Report 13.2 Land Acquisition 13.3 a. Community Development Grant Housing Personnel a. Conference Center Advisory Committee The council moved into closed session at 8:40 p.m. City Council Regular Meeting Thursday, September 26, 1991 Page 9 ~ Item No. 14 - Actio~ o~ closed session. The council reconvened into open session at 9:11 p.m. Councilman Schneider moved to appoint Mony Whitley and Dave Worley to the Conference Center Advisory Committee. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. _Aaend~ Item No. 15 - Adjourn. Mayor Ringer adjourned the meeting at 9:12 p.m. TEST: . City Secretary Conni~ Hooks APPROVED: GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 26, ~99~ 7:00 P.M. 17. 19.