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HomeMy WebLinkAbout05/24/1990 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY~ NAY 24~ ~990 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Brown, Gardner, McIlhaney, Crouch, Birdwell COUNCIL MEMBERS ABSENT: Councilman Schneider STAFF PRESENT: City Manager Ragland, City Attorney Locke, City Secretary Hooks, Public Information Officer Calliham, Assistant City Manager Brymer, Assistant City Manager Woody, Executive Director Fiscal/Human Resources Harrison, Executive Director Management Services Piwonka, Right-of-way Agent Earle, Budget Director Schroeder, Planning Director Callaway VISITORS PRESENT: See guest register. Agenda Item No. 1 -Siqninq of a proclamation designating th~ week of May 20-26, 1990 as "Sexual Assault Awareness Week,,. Ms. Kim Johnson of the Brazos Valley Rape Crisis Center accepted the proclamation signed by Mayor Ringer. Agenda Item No. 2 - CONSENT AGENDA: (2.1) Approval of the minutes of the Council's Workshop Meeting, May 9, 1990, and Regular Meeting, May 10, 1990. (2.2) Consideration of a Blanket Purchase Order for FlexRx a mail order maintenance prescription drug program. (2.3) Split-award for Street Materials, Asphalt Hot Mix, Public Services Department. Funds available in General Fund, staff recommends award to secondary vendor source-Downing Brothers, Inc. ($50,000), Primary source Young Brothers. (2.4) Consideration to implement one-half percent sales tax. (2.5) Approval of a formal claims Management/Investigation Policy. Councilman Birdwe11 removed Consent Agenda Item No. 2.1 and No. 2.4. The remaining items were approved by common consent. Councilman Birdwell referred to the workshop minutes, Wednesday, May 9th, page 3. He added the following statement to Agenda Item No. 3: "The Council expressed approval for sidewalks constructed next to the curb when staff felt this was the best solution." Councilman Gardner referred to page 7 under Agenda Item No. 13. He added "general and municipal" to clarify the types of 007861 City Council Regular Meeting Thursday, May 24, 1990 Page 2 elections. He also added that the directional signs be made more visible and delete the word are in the sentence. Councilman Birdwell moved approval of the minutes of the City Council Workshop Meeting, May 9, 1990, and the minutes of the Regular Meeting, May 10, 1990. The motion was seconded by Councilman Gardner which carried by a vote of 5-0-1, Councilman McIlhaney abstained due to her absence from the meeting on May 9th. Councilman Birdwell removed Item No. 2.4 because the supporting material stated that the Council consented to spend $2,000,000 in certain areas. Mayor Ringer stated that the Budget Committee had recommended these guidelines as stated in the resolution. City Manager Ragland asked that the letter from Bill Harrison be withdrawn from the packet. Councilman Brown moved that staff notify the Staff Comptroller of the intent of the City to implement the 1/2 percent sales tax. The motion was seconded by Councilman McIlhaney. The motion carried by a vote of 6-0. Agenda Item No. 3 - Consideration of a request for personal property tax refund. Mr. Bill Harrison explained this item. He stated that the Appraisal District has forwarded a request to the City from Mr. Joe Ferreri for a refund on personal property taxes paid in prior years. Under City Charter, the Council is required to act on refunds in excess of $500.00. This request is for $1,034.52. Mayor Ringer asked what city costs are associated with Option No. 3 "a stakeholder interpleader suit". City Attorney Locke responded by stating that the cost for filing the action be taken from the amount of money in dispute, approximately $100 - $150. Councilman Birdwell moved to direct staff to proceed with Option No. 3 as follows: File a "Stakeholder interpleader" suit asking the Court to determine who owes the tax. The motion was seconded by Councilman Brown which carried by a vote of 5-0-1 with Councilman McIlhaney abstaining. aqenda Item No. 4 - A publio hearing on approval of amendment to Citv,s Fiscal 1990 budget. Budget Director Schroeder stated that the budget amendment is necessary for the operations of the landfill and the Brazos 007862 City Council Regular Meeting Thursday, May 24, 1990 Page 3 Valley Solid Waste Management Agency. The petition of 100 required signatures were filed and accepted. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. &aenda Item No. S - Discussion and approval of amendment to C~tT's P~soal 1990 budqet. Councilman Brown moved approval of the amendment to the City's Fiscal 1990 budget. The motion was seconded by Councilman McIlhaney which carried unanimously 6-0. a=enda Item No. 6 - A public hearing to consider a re-subdivision plat of Lot 2 Block 6 of the College Park &ddition Subdivis~on. ¢90-205) City Engineer Pullen addressed the Council. The Planning and Zoning Commission recommended approval of the resubdivision plat. Mayor Ringer opened the public hearing. Mr. Edward H. Miller of 504 Guernsey addressed the Council. He expressed concern about the applicant's choice to face the two lots toward Welsh Street instead of Guernsey because all other homes are faced toward Guernsey. He stated opposition to the houses facing Welsh Street. City Manager Ragland clarified that the city does not have regulations in the subdivision or the zoning ordinance stipulating the direction a house may face. Mayor Ringer stated that this was correct. However, in the past, restrictions have been placed on the plat with regards to major streets. Mayor Ringer remarked that the developer has requested that the homes are placed in the direction toward Welsh because it is less expensive for the extension of utilities for the second lot; furthermore, the city has no restrictions on the direction of lots. Mr. Miller also expressed concern about the number of unrelated people who live in one household. Mayor Ringer clarified the definition of a single family residence. Mayor Ringer asked Mr. Miller to contact the Planning Department for assistance in notifying the owners about the problems occurring in the neighborhood. 007865 City Council Regular Meeting Thursday, May 24, 1990 Page 4 Ms. Helen Pugh of 601 Fairview addressed the Council. She stated opposition to the resubdivision plat. She asked the Council to give this item careful consideration. Councilman Birdwell shared Ms. Pugh concerns and he hoped the staff will work in solving the problem of unrelated people living in the same home. On the other hand, he cannot vote against subdividing the lot. Mayor Ringer closed the public hearing. Aqenda Item No. 7 - Consideration of a re-subdivision plat of Lot 2 Block 6 of the College Park addition Subdivision. Councilman Brown moved to table this item and direct staff to meet with the developer in response to the concerns raised by residents in the neighborhood and suggest that the council may be more receptive to the houses facing Guernsey. The motion was seconded by Councilman Gardner which carried unanimously, 6-0. Discussion was held regarding the procedure in removing non related persons from a single family residence. aaenda Item No. 8 - & public hearinq to consider an amendment to the Soninq Ordinance to include a definition for ,,country club". Director of Planning Callaway explained the amendment to the Zoning Ordinance. He read the definition for country club as recommended by the Planning and Zoning Commission. Discussion was held. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. &~enda Item No. 9 - Consideration of an ordinance amendinq the Zoninu Ordinance to include a definition for ,,country club". Councilman Birdwell moved approval of Ordinance No. 1851 amending Section 2 of the Zoning Ordinance by adding a definition for country club as follows: "A building or facility, adjacent to and associated with a golf course, operated for social, educational, or recreational purposes. The primary sport shall be golf. Secondary sports uses may include swimming, tennis, racquet sports, equestrian activities and similar sporting events. Other secondary uses may include: the on-premise sale 007864 City Council Regular Meeting Thursday, May 24, 1990 Page 5 and consumption of food and drink including alcoholic beverages; health club activities; the sale of sports equipment; restaurant; and pro shop. Additional uses include offering accommodations on a daily rate for transient guests; retail sales; and maintenance facilities." The motion was seconded by Councilman Crouch. After further discussion, the motion carried unanimously, 6-0. &genda Item No. 10 - & public hearing to consider an amendment to the Zoning Ordinance which would establish niaht clubs as a conditional use and require them to obtain P&Z approval. Jim Callaway reviewed prior concerns expressed by Council regarding this issue. The Planning and Zoning Commission recommended that the Council adopt regulations city wide allowing nightclubs, taverns, and bars as conditional uses. Mr. Callaway described the ordinance amendment as follows: "Night club - Any business operated primarily for the purpose of the sale of alcoholic beverages by the drink, including but not limited to, taverns, bars, and cocktail lounges." The ordinance deletes the night clubs, taverns, and bars as permitted uses from the C-1 General Commercial district. Mayor Ringer opened the public hearing. Mr. Jeff Runge, 1207 Munson addressed the Council. that he is in favor of the staff's recommendation. He stated Mayor Ringer closed the public hearing. Item No. 11 - Consideration of an ordinance which amends the Soninq Ordinance to establish niqht clubs as a conditional use and require them to obtain P&Z approval. City Attorney Locke explained that Mr. Jeff Runge of the A&M Steakhouse will come directly to the Council for the variance request because his place of business is a restaurant. Councilman Birdwell moved to approve Ordinance No. 1852 as recommended by the Planning and Zoning Commission. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. 007865 City Council Regular Meeting Thursday, May 24, 1990 Page 6 Aaenda Item No. 12 - Hear Visitors. No one spoke. Aaenda Item No. 13 - Closed session to receive staff report 76252-17 (2) (r} ], disouss l~d acquisition r6252-17 (2) (f) ] --d personnel [6252-17 (2) (a) ]. (13.1) Staff Report [6252-17(2) (r)] A. Legal Report (13.2) Land Acquisition [6252-17(2) (f)] (13.3) Personnel [6252-17(2) (g) ] A. Discussion of Committee Appointments The council moved into closed session at 8:05 p.m. Aaenda Item No. 14 - &orlon on Closed Session. The council reconvened in open session at 8:31 p.m. The following appointments were made: Councilman Birdwell moved to appoint Cathy Locke as City Attorney. The motion was seconded by Councilman McIlhaney which carried unanimously, 6-0. Councilman McIlhaney moved to appoint Connie Hooks as City Secretary. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. Councilman Gardner moved to appoint Phil Banks as Municipal Judge. The motion was seconded by Councilman Brown which carried unanimously, 6-0. Councilman Brown moved to appoint Steve Smith as Assistant Municipal Judge. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. Councilman Crouch moved to appoint Councilman Brown as Mayor Pro- tem. Councilman Birdwell seconded the motion which carried unanimously, 5-0-1, with Councilman Brown abstained. &aenda Item No. 15 - &d~ourn. Mayor Ringer adjourned the meeting. City Secretary Connie Hooks APPROVED: 007866 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY MAY 24, 1990 7:00 P.M. 17 10. 20 007867