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HomeMy WebLinkAbout04/26/1990 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 26, 1990 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmembers Brown, Haddox, Schneider, McIlhaney, Birdwell, Gardner STAFF PRESENT: City Manager Ragland, Assistant City Manager Woody, Assistant City Manager Brymer, Executive Director Harrison, Executive Director Piwonka, Public Information officer Calliham, City Attorney Locke, city Secretary Hooks, Director of Public Services LaBeau, Director of Planning Callaway, Senior Planner Kee, Budget Director Schroeder, City Engineer Pullen Aqenda lt~ No. 1 -Siqninq of a proclamation desiqnatinq the week of May 6-12, xgg0 as ,,Water Utilities Awareness Week". Mayor Ringer read the proclamation. Riley accepted the proclamation. City Operations Manager Bill Agenda Item No. 2 - Signing of a proclamation designating MaY 12. 1990 as ,,Buddy Poppy Day". Ms. Sharon Flagler and the "Buddy Poppy" girl accepted the proclamation read by Mayor Ringer. Aqenda Item No. 3 - Siqnlnq of a proclamation supportinq the ,,Don,t Bag It" campaiqn. Public Services Director Joe LaBeau described the program to the Council. Mrs. Diane Craig of Brazos Beautiful and Jim Mazurkiewicz, Brazos County Agent, accepted the proclamation signed by Mayor Ringer. Agenda Item No. 4 - Presentation of Certificates of Appreciation reoog-izinq efforts resulting in improvements to community appearance. Mrs. Marci Rodgers, Chairman of the Community Appearance Committee presented recognition certificates to seven individuals who have made attractive improvements to their property or who have contributed in some way to help beautify the community. They were as follows: Culpepper Plaza, University Tower, Kettle Restaurant on University Drive, Cafe Eccell, Ferreri's Restaurant, The Colony Apartments, and the Big Event Committee. 007825. city Council Regular Meeting Thursday, April 26, 1990 Page 2 Agenda Item No. 5 - CONSENT AGENDA: (5.1) Approval of the minutes of the Council's Special Meeting, April 9, 1990, Council's Workshop Meeting, April 11, 1990, and the Regular Meeting, April 12, 1990. (5.2) Consideration for approval of Community Development funded housing assistance projects for the month of March 1990 where contracts were let for more than $10,000. (5.3) Approval of Interlocal Agreement allowing the City of College Station to purchase miscellaneous items when appropriate from the Texas Municipal Power Agency. (5.4) Approval of request for purchase of 138 KV Oil Circuit Breakers, 5 each, for electric substation additions, funds are available from utility revenue bonds, staff recommends award to Texas Municipal Power Agency, total purchase price $304,520. Councilman Birdwell removed the minutes of April 9, 1990. Ail other items were approved by common consent. Mr. Birdwell referred to the third paragraph from the bottom and noted that the term grade crossing should be changed to grade separation. Councilman Brown moved approval of the minutes of April 9th with corrections, April llth and April 12th. The motion was seconded by Councilman McIlhaney which carried by a vote of 6-0-1, Councilman Birdwell abstained. ~genda Item No. 6 - Consideration of an ordinance amendinq Chapter 1 Section 13 of the Code of Ordinances of the City of Colleqe Station, Texas pertaininq to Alcoholic Beveraqes by adding Subsection 5. Cathy Locke stated that this item was placed back on the agenda at the council direction of April 12th. She noted that she established an amendment to the variance process which would restrict the use of property to a restaurant where revenues for the sale of alcoholic beverages is less than seventy-five percent of total gross revenue. Councilman Brown asked if the amendment to the variance protects the location. Ms. Locke replied negatively. She added that the city cannot regulate below 75% of gross revenues. 007824 City Council Regular Meeting Thursday, April 26, 1990 Page 3 Councilman Birdwell moved adoption of Ordinance No. 1848. The motion was seconded by Councilman Haddox. Mayor Ringer pointed out that the item on tonight's agenda is to add a requirement to the variance process or deny the variance. Mr. Ragland pointed out that the Council may wish to look at the conditional use permits in the Zoning Ordinance. Councilman Schneider moved to table the previous motion until a report has been received by staff on the conditional use permit. The motion was seconded by Councilman Gardner. FOR: Councilmen Gardner, Brown, Schneider, McIlhaney AGAINST: Mayor Ringer, Councilmen Haddox, Birdwell The motion to table passed by a vote of 4-3. Councilman Brown moved to direct staff to prepare a report on a possible amendment to the Zoning Ordinance addressing conditional use permits for the establishments selling alcoholic beverages. Councilman Birdwell seconded the motion which carried unanimously, 7-0. Aqenda Item No. 7 - Consideration of a request to desiqnate Colleqe Main as a location to sell beer and wine. applicant is Jeffrey Runqe. Mayor Ringer noted that previous discussion was held on this item at the last regular council meeting. Aqenda Item No. S - A public hearing on the question or rezoninq ten (10) small tracts of land totallinq 54.48 acres, located in the Woodcreek subdivision from R-3 Townhomes to R-1 Single Family (11.30 acres). R-3 Townhomes to R-1 (5.75 acres), A-O Aqrioultural Open to R-1 (5.31 acres), R-3 Townhomes to R-1 Single Family (4.07 acres), R-3 Townhomes to R-1 Sinqle Family (6.60 acres), P.U.D. Planned Unit Development to R-1 Sinqle Family Residential (14.38 acres), A-O Aqricultural Open to R-1 Sinqle Family Residential (6.94 acres), and P.U.D. Planned Unit Development to R-1 Sinqle Family Residential (0.130 acres, 0.22 acres, 0.009 acres, and 0.099 acres). Applicant is Buchanan Soil Mechanics, Inc. (Plannlnq & Zoning recommended approval 5-0). Senior Planner Kee described the nature of the request and the physical features of the land. She pointed out the zoning of the surrounding properties. 007825 city Council Regular Meeting Thursday, April 26, 1990 Page 4 She concluded that this proposal will lower the density from that originally planned and poses no conflicts with the land use plan or development policies. The existing P.U.D. meets the requirements of P.U.D. #1. Mayor Ringer opened the public hearing. Mr. John Pugh of Buchanan Soil Mechanics spoke in favor of the rezoning request. Mr. Glen Rierson of 1310 Sussex in Woodcreek Subdivision spoke in favor of the rezoning request. Mayor Ringer closed the public hearing. Agenda It,~ No. 9 - Consideration of an ordinance rezoning the above tracts. Councilman Haddox moved approval of Ordinance No. 1848. The motion was seconded by Councilman Schneider which carried unanimously, 7-0. Councilman Birdwell moved to direct staff to initiate rezoning of the two R-3 tracts of land to R-1. Councilman Brown seconded the motion which carried unanimously, 7-0. Aqenda Item No. 10 - & public hearinq on the question of rezoninq two (2) tracts of land totallinq 17.61 acres, located in the future Pebble Creek subdivision along the south side of Greens Prairie Road, between BH 6 and Rock Prairie Road from ~-0 ~gricultural Open to C-1 General Commerical. &pplicant is TCR Joint Venture. Ms. Jane Kee described the subject tracts with surrounding areas vacant. She also described the area zoning. She noted that the Planning and Zoning Commission recommended denial of this request by a vote of 3-2 because of the uses presented were considered incidental to the golf course. Ms. Kee further stated that if the council decides to vote against C-1 zoning for either of the tracts it would be appropriate for a motion to rezone the tracts to a permanent A-O classification at this meeting. Mayor Ringer opened the public hearing. 007826 City Council Regular Meeting Thursday, April 26, 1990 Page 5 Mr. Mike Sheridan of 1308 Sussex, addressed the Council. He remarked that the country club is commercial in nature because it will include food services, retail sales, overnight rental accommodations, etc. Councilman Birdwell noted concern about rezoning this tract C-1. Mr. Sheridan replied that the zoning ordinance does not specifi- cally refer to the incidental uses for a private club. Mr. Birdwell stated that the ordinance may need to be revised to include specific details relating to a country club. Discussion was held on the C-1 request. Mayor Ringer closed the public hearing. Aqenda Item No. 11 - Consideration of an ordinance rezoninq the above tracts. Councilman Schneider moved to approve Ordinance No. 1849 rezoning the above tracts to C-1. The motion was seconded by Councilman Brown. Councilman Birdwell made a substitute motion to direct staff to report back with a clarification of the existing zoning ordinance and define the intended uses for C-1. The motion was seconded by Councilman Gardner. Councilman Haddox spoke against the motion. The vote was taken on the substitute motion which passed by a vote of 4-3. FOR: Mayor Ringer, Councilmen Birdwell, Gardner, and McIlhaney AGAINST: Councilmen Brown, Schneider, and Haddox Councilman Birdwell moved to approve Ordinance No. 1849 to rezone both tracts of land to A-O Agricultural-Open. The motion was seconded by Councilman Gardner. The applicant pointed out that he would prefer the A-O zoning for both tracts at this time if C-1 request is not appropriate for the Council to make a decision at this time. Mayor Ringer stated that the minutes should reflect that if the council is unable to address the applicants concerns, the council will look at rezoning the tract C-1. 007827 city Council Regular Meeting Thursday, April 26, 1990 Page 6 The vote was taken and carried unanimously, 7-0 to approve Ordinance 1849 rezoning the two tracts of land to A-O. aqenda It~ No. 12 - Consideration to dedicate $24,000 for internal allocations and $62,250 for external allocations to fund Public Service ~ctivities throuqh the City's 1990 Community Development Block Grants. Community Development Director Dan Fette explained this item. He requested that the Council allocate 15% for public service activities, $24,000 for the policing program, and the remainder of funding to public service agencies as outlined by the Bryan/College Station Joint Funding Review Committee. Mr. Fette presented slides. Councilman Brown moved approval of staff's recommendation to dedicate $24,000 for internal allocations and $65,250 for external allocations. Councilman Schneider seconded the motion. Concerns were expressed by Mayor Ringer and Councilmen Birdwell. Councilman McIlhaney stated that she will vote in favor of the motion. She stated that the committee will be faced this year with a reduced number of agencies than in the past and she does not believe in jeopardizing the police program already in progress because of the lack of funds in the general fund. Mayor Ringer commented that the Police Department program could also be partially funded from this CD fund and the remainder from the general fund. Discussion followed regarding the allocation of these funds. The motion carried by a vote of 4-3. FOR: Councilmen McIlhaney, Haddox, Brown, and Schneider AGAINST: Mayor Ringer, Councilmen Birdwell and Gardner Aqen~a Item No. 13 - Consideration of staff's recommendation for interim BVSWMA la-drill rate and authorization to proceed with budqet amendment. Assistant City Manager Tom Brymer explained this item. He stated that the BVSWMA Administrative Board recommended $15.00 interim tipping fee. He mentioned that Mayor Ringer has been selected as a member of the Board to represent the City of College Station. 007828 city Council Regular Meeting Thursday, April 26, 1990 Page 7 He noted that the budget amendment is necessary to modify the books and required by the City Charter to allow for the City of College Station Sanitation Fund budget amendment to allow for appropriate recording of expenses/revenues as they relate to the city of College Station serving as landfill site operator for BVSWMA. Councilman Birdwell asked for clarification of the tipping fee for outside users. Mr. Ragland replied that A&M will pay the City $17.50 until the next budget year. Mr. Birdwell noted that the City will continue to pay the agency, $15.00. Councilman Haddox moved approval of the staff's recommendation for interim BVSWMA landfill rate. Councilman Birdwell seconded the motion which carried unanimously, 7-0. Discussion was held on the next portion of the agenda item to amend the budget. Petitions forms were presented to each councilmember. Budget Director Schroeder explained how the monies will be split among the sanitation fund, the solid waste collection fund and the landfill operation fund. city Manager clarified that anyone who uses the landfill including Texas A&M University pays $15.00. Councilman Birdwell moved to reconsider prior action on the rate on the interim tipping fee. The motion died for lack of second. Staff will bring back the budget amendment item back to the Council at their next council meeting. &qenda It~ No. 14 - Consideration of an ordinance amendinq Chapter 4, Section 6, of the Code of Ordinances pertaininq to the requlation of t-~ioabs within the City of Colleqe Station, Texas. City Attorney Locke explained that she received two complaints from citizens regarding the physical condition of the taxicabs and the fee charged by another cab company within the City. She pointed out that the operator of the vehicle is required to have a Class C license in Section H. 007829 City Council Regular Meeting Thursday, April 26, 1990 Page 8 Ms. Locke corrected a grammatical error on page 4, F (2) changing their name to his name. Mayor Ringer changed Subsection 2(a) to read "Endorsement by a mechanic employed in any garage in either Bryan or College Station to the effect that he has tested the vehicle and finds it safe for the transportation of passengers." He also pointed out that paragraph would also change to reflect "Bryan or College Station". Councilman Birdwell suggested that the last sentence in paragraph E be changed to read "The lettering shall be kept legible at all times." Councilman Birdwell also suggested to change F (3) from ten (10) hours to twelve (12) hours. Mr. C.E. Olsen, Jr. of 1605 Treehouse Trail addressed the Council. He stated that he has worked with the Amtrak officials in the past, and he has heard several complaints from passengers on Amtrak. Mayor Ringer mentioned that he received complaints about the fare charged by the taxicab companies. Councilman McIlhaney moved approval of Ordinance No. 1850 with the recommended changes. Councilman Haddox seconded the motion. Councilman Birdwell moved to amend the motion by adding to paragraph J (1), "Meters are not required if a zoned fare plan is filed in College Station and prominently displayed in each cab. The amended motion was seconded by Councilman Schneider which carried unanimously, 7-0. The vote was taken on the original motion as amended and carried unanimously, 7-0. &qenda Item No. 15 - Consideration of appointment to the BrYan/Colleae Station Economic Development Corporation. Mayor Ringer stated that Ken Shaw's term has expired. Mr. Thornton has suggested that Mr. Shaw be reappointed. Mayor Ringer concurred to the appointment of Ken Shaw. Councilman Haddox stated that the College Station Economic Development committee met and discussed this appointment. The committee consented to a councilmember serving on the board 007830 city Council Regular Meeting Thursday, April 26, 1990 Page 9 because it maintains credibility in the Council's standpoint and provides valuable feedback. Councilman Schneider expressed a strong desire to have a Councilmember represented on the Bryan/College Station Economic Development Corporation. Councilman Schneider moved to appoint Dick Birdwell to the Joint Economic Development Corporation. Councilman Haddox seconded the motion. The vote was taken and carried 5-2. FOR: Councilmen Haddox, Gardner, Brown, Schneider, Birdwell AGAINST: Mayor Ringer, Councilmen McIlhaney Hear visitors. Aqo~da Item No. 16 - Hear Visitors. No one spoke. Aqenda Xtem No. L7 - Closed session to receive staff report [6252-17(2)(r)] and personnel [6252-17¢2)¢a)]. (17.1) Staff Report 1. Legal Report 2. Staff Report Bryan/College Station Economic Development Corporation. (17.3) Personnel 1. Discussion of Committee Appointments. The council convened into closed session. Aaenda It~ No. 18 - Action on closed session. The council reconvened into open session at 9:43 p.m. &qenda Item No. 19 - Adgourn. Mayor Ringer adjourned the meeting at 9:44 p.m. APPROVED ~er 007831 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY APRIL 26, 1990 7:00 P.M. 2 11 12 13 14 15 16 7 17 8 18 19 10. 20 00783z