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HomeMy WebLinkAbout04/12/1990 - Regular Minutes City Council MINUTES CITY COUNCIL REGUL~RHEETING THURSDAY, APRIL 12, 1990 7:00 P.M. COUNCIL MEHBERS PRESENT: Mayor Ringer, Councilmen Brown, McIlhaney, Gardner, Schneider, Birdwell, Haddox STAFF PRESENT: City Manager Ragland, Assistant City Manager Woody, Assistant City Manager Brymer, Executive Director Management Services Piwonka, Executive Director Fiscal/Human Resources Harrison, City Attorney Locke, City Secretary Hooks, Budget Director Schroeder, Community Development Director Fette, Senior Planner Kee VISITORS PRESENT: See guest register. Aqenda Itg~ No. 1 - Siqninq of a proclamation desiqnatinq the week of April 22-28, lgg0 as ,,Professional Secretaries Week". Ms. Pam Little of the Bryan/College Station Professional Secretaries Association came forward to accept the proclamation signed by Mayor Ringer. Aenda Item NO. 2 - Siqnin~ of a proclamation desiqnatinq ~ril 18t 1990 as ,,Statistical science Awareness Day". Mr. Emanuel Parazen accepted the proclamation read and signed by Mayor Ringer. Aqenda Item No. 3 - Siqninq of a proclamation desiqnatinq the week of April 16-22, 1990 as ,,Earth Week" and April 22, 1990 as ,,Earth Day". Ms. Diane Craig from Brazos Beautiful along with Ms. Mary Elder and Denise Friese accepted the proclamation read and signed by Mayor Ringer. Agenda Item No. 4 - Siqninq of a proclamation desiqnatinq April as "Early Childhood Intervention Reooqnition Month". Ms. Miriam Roman accepted the proclamation signed by Mayor Ringer. Aqenda Item No. 5 - CONSENT AGENDA. (5.1) Approval of the minutes of the Council's Workshop Meeting, March 21, 1990, and the Regular Meeting, March 22, 1990. 007790 City Council Regular Meeting Thursday, April 12, 1990 Page 2 (5.2) Approval of a final plat (replat) Southwest Village (90-201). Applicant is James A. Gutowski for Colony Savings Bank. (5.3) Approval of a final plat (replat) Southwood Valley Section 24E, Block 56, Lots 8 and 9 "Cochise" (90-202). Applicant is Randy French. (5.4) Ratification of a change to the last page of the BVSWMA Joint Solid Waste Management Agreement. (5.5) Approval of a Resolution amending City Investment Policy. (5.6) Approval of a Resolution authorizing investment in "TexPool". (5.7) Approval of a Janitorial Maintenance Contract, funds approved in FY 1989-90 General Fund budget, staff recommends renewal of contract to current supplier, A.B. Enterprises, (approx, $90,000). (5.8) Approval of a Contract for Police Uniforms, Bid #90-29, Funds approved in FY 1989-90 General Fund, staff recommends renewal of existing contract with current supplier, R&R Uniforms, $27,612.75. Councilman Birdwell removed Agenda Item No. 5.4 and Agenda Item No. 5.5 Ail other items were approved by common consent. Discussion was held on the following items: Agenda Item No. 5.4: Councilman Birdwell mentioned that he has a concern about the interpretation on page 14, regarding the soil or water contamination in the landfill. City Attorney Locke replied that this information may be clarified by substituting the word "in" to "from". Mayor Ringer read the sentence as rewritten: "In the event that there is a question concerning the origination of soil or water contamination from the original City of Bryan Pleasant Hill Landfill..." City Attorney Locke noted that this information will be provided to the City of Bryan for ratification. Councilman Birdwell moved approval of the City Attorney's recommended change to remove the word "in" and replace with the word "from". 007791 city Council Regular Meeting Thursday, April 12, 1990 Page 3 The motion was seconded by Councilman Brown which carried unanimously, 7-0. Aqenda Item No. 5.5: Councilman Birdwell moved approval of the resolution with the understanding that the policy will be changed to eliminate commercial paper and bankers' acceptances as permissible investments for the City of College Station funds. Councilman Schneider seconded the motion which carried unanimously, 7-0. &qenda It-m No. 6 - ~ public hear4-q on the question of rezonina Tract D Section 2 of the Ponderosa Place Subdivision from R-5 ~partments/Medium Density to A-P &~ministrative Professional. ~pplicant is W.D. Fitch. Jane Kee explained the rezoning request. She stated that the area north and west are zoned R-2 duplex. Property to the east is vacant but has commercial/industrial zoning. Property south across Rock Prairie has R-4 zoning the site of Humana Hospital. She presented slides describing the vacant tract and surrounding tracts. Ms. Kee explained the existing land use. She reviewed the history of zoning cases since 1980. She noted that the Planning and Zoning Commission unanimously approved the rezoning, 5-0. Mayor Ringer opened the public hearing. Mr. Steve Hansen, representing the applicant, came forward. He commented that the proposed use is for a medical office building. Mayor Ringer closed the public hearing. &genda Item No. ? - Consideration of an ordinance rezoning the above tract. Councilman Schneider moved to approve Ordinance No. 1847 rezoning Tract D Section 2 of the Ponderosa Place Subdivision from R-5 Apartments/Medium Density to A-P Administrative Professional. The motion was seconded by Councilman Gardner. Councilman Birdwell asked if anyone notified expressed any comments. Ms. Kee replied that two inquiries were received and they were unopposed to the rezoning. The vote carried unanimously, 7-0. 00779 City Council Regular Meeting Thursday, April 12, 1990 Page 4 &qenaa Item No. 8 - &pproval of a Master Preliminary Plat - ~merald Forest Phases 8, 9, 10, 11e (89-206). Planning Director Jim Callaway explained this item. recap of previous council discussions on this item. He gave a He noted that on February 22nd, the development policies council subcommittee met with the developer and several proposals were presented at that time. It was suggested by the committee that the city continue to participate in drainage and bridge improvements of 100% channel cost and 45% oversize bridge construction. The committee also recommended that Appomattox Street be constructed in the 70' right-of-way dedicated by the developer; however, the developer would be responsible for the cost of constructing a 39' wide street. Subsequently, the council decided from these recommendations, that the developer is responsible for a 47' wide street. Mr. Callaway further stated that the city will acquire right-of- way and build "North Forest Parkway" outside of Emerald Forest. Also, the developer will donate a 60' wide right-of-way and construct a 39' wide street from the western corner of his tract, to Appomattox. From Appomattox to the wastewater treatment plant, the developer will dedicate a 30' wide right-of-way and reconstruct a road similar to the existing wastewater treatment plant road. Mr. Callaway stated that the Planning and Zoning Commission recommended approval of the plat, 4-1, condition upon receipt prior to submission to the Council dedication by the adjacent landowners. City Attorney Locke pointed out that staff recommends approval of the plat contingent upon the property owner providing the 30' right-of-way. Councilman Brown moved approval of the master preliminary plat upon contingency of the developer obtaining the 30' right-of-way. The motion was seconded by Councilman Haddox. Councilman Birdwell asked City Engineer Pullen to explain the cost associated with North Forest Parkway. Mr. Pullen replied that $310,000 is the entire cost of construction, including the city's cost which is $178,000 which covers the portion of North Forest Parkway outside of the plat. Mr. Pullen was not sure of the cost of the bridge and the Bee Creek Channel. These numbers will be provided by the developer. 007795 city Council Regular Meeting Thursday, April 12, 1990 Page 5 Councilman Birdwell remarked that there is not a reference made to the time of construction for constructing the city's portion of North Forest Parkway. It is his understanding that the city can build their portion of the street at any time. Mr. Callaway made the same assumption. Councilman McIlhaney asked if the funds are available in the oversize participation fund to cover the cost. Mr. Callaway clarified the motion to include the recommendations of the Development Policies Committee, staff/developer meeting, and Planning and Zoning Commission. Mayor Ringer concurred. Mr. Harrison replied to Councilman McIlhaney's question regarding cost. He stated that sufficient funds are available in city's oversize participation funds. Mr. Bill Thornton spoke on behalf of Allen Swoboda. He indicated that the cost for the 39' bridge is approximately $190,000 and a 47' bridge is $200,000. The drainage facility is estimated at $90,000. Councilman Birdwell moved to amend the motion to eliminate the variance for a second sidewalk on Appomattox and require two sidewalks as required by development ordinance. Councilman Schneider seconded the motion. Mayor Ringer indicated the same concern. He added that the most common complaint he receives is the lack of sidewalks and bike paths. After further discussion regarding sidewalks, Mayor Ringer clarified the amended motion to the effect that the development ordinance requires two sidewalks, of which one sidewalk will be paid for by the city. The amended motion carried unanimously. 7-0. Mayor Ringer restated the original motion to approve the master preliminary plat without the recommendation for the variance of the sidewalk on Appomattox, contingent upon acquisition of the additional right-of-way for North Forest Parkway. The motion carried unanimously, 7-0. &qenaa Item No. 9 - Approval of insurance bias for property ana liability insurance. Councilman McIlhaney moved approval of the insurance policies for property and liability insurance as recommended by staff. 007794 City Council Regular Meeting Thursday, April 12, 1990 Page 6 Councilman Schneider seconded the motion which carried unanimously, 7-0. Aqenda Item No. 10 - Consideration of -~ aqreement by and between the Cities of B~an and Colleqe Station and the Bryan-Colleqe Station Bconom4o Development Corporation. Councilman Haddox moved to defer discussion of this item until the next council meeting. The motion was seconded by Councilman Brown which carried unanimously, 7-0. Aqenda Item No. XX - Consideration of a recommendation from the city Siqn Board Comm4ttee to purohase the McCo-Ad Siqn for 96500. City Attorney Locke explained that members of the Sign Board met to review the Readfield Meat sign on Texas Avenue after it was blown down at the request of the Building official, Coy Perry. It was determined at that time that the sign could be repaired for less than 60% of the cost of erecting a new sign. She mentioned that Mr. Dean Coffer of McCo-Ad Sign Company indicated that he would accept $5,000 compensation for the removal of the sign. The Sign Board accepted the recommendation and determined that the land owner should be compensated in the amount of $1,500. Mr. Ruffino, the landowner and owner of Readfield Meats, expressed his desire that the sign not be removed. Councilman Haddox remarked that he received a call from Mr. Ruffino. After further discussion a motion was made by Councilman Birdwell to defer action of this item and ask the city attorney to negotiate a termination of sign within two years. The motion was seconded by Councilman Haddox which carried unanimously, 7-0. Aqenda It-m No. 12 - Approval of Audit Contract. Councilman Brown moved approval of the audit contract for fiscal year 1990 with Deloitte & Touche and Ingram, Wallis & Company. Councilman Haddox seconded the motion which carried unanimously, 7-0. 007795 City Council Regular Meeting Thursday, April 12, 1990 Page 7 ~qenda Xtem ~o. X3 - Conside~ation of a ~equest to desionate XO8 colleqe ~ain as a location qualified for the sale of beer and wine. &pplicant= ~effrey Runqe (A&M Steakhouse) City Attorney Locke stated that this request was received by the City Secretary's office for a beer and wine permit at 108 College Main. She explained the previous uses on this property. The A&M Steakhouse came into the location under the Northgate zone. Staff recommends that if the Council approves the variance, it be contingent upon review by the Project Review Committee because it is in the Northgate zone. The applicant Mr. Jeff Runge, 1207 Munson, addressed the Council. He asked the City Attorney to interpret the definition of the church. The City Attorney read the definition of a church. Mr. Runge pointed out that variances have previously been granted to other businesses in the Northgate area. Dr. Phil Lay, 1016 Guadalupe, Chairman of the Board at A&M Methodist Church, addressed the Council. He urged the Council to deny the variance request. Dr. Lay reported that a day school program operates daily in the education building. Councilman Schneider stated that the A&M Methodist Church is currently in the process of renovating the facility and establishing it as a Family Life Center. Dr. Lay remarked that the building is also used for the Mother's Day Out program; also, other programs will be in operation later in the year. Councilman Haddox felt the variance should be granted because he does not feel a restaurant would be a problem. Councilman Schneider moved to deny the request for a variance of a beer and wine permit. Councilman McIlhaney seconded the motion. Councilman Birdwell asked if the variance is granted to this business, if another business takes over the location, does it restrict them from obtaining the permit. Ms. Locke replied that the variance is for the location and cannot be restricted. However, any change in use will be reviewed by the Project Review Committee. Councilman Gardner asked if the A&M Steakhouse restaurant was reviewed by the PRC. Senior Planner Jane Kee stated that this business was reviewed. 007796 City Council Regular Meeting Thursday, April 12, 1990 Page 8 City Manager Ragland commented that he is familiar with two other cities in Texas that grant similar variances with the restriction placed on the granting of beer and wine sales based on the percentage of food sales. He asked if it is possible to amend the ordinance and create a condition prior to granting this variance that would assure the city that if this business went "out of business" only a similar business would be granted a beer and wine sale. Ms. Locke replied affirmatively. Mayor Ringer asked Mr. Runge if he anticipated individuals leaving the restaurant with alcoholic beverages. Mr. Runge replied that he could not guarantee it, but he would enforce drinking on premises only. Mayor Ringer remarked that complaints have been received because of the trash and litter associated with people leaving the premises of other businesses in the Northgate area. Councilman Schneider stated that he strongly believes in what the ordinance states at this time. He also pointed out that the education building is going to become a family life center of major proportions. Mr. Schneider also commented that he has picked up litter on several occasions. A vote was taken which carried by a vote of 4-3. FOR: Councilmen Gardner, Schneider, McIlhaney, Brown AGAINST: Mayor Ringer, Councilmen Birdwell, Haddox Councilman McIlhaney recommended that staff follow-up with the City Manager's suggestion to look at amending the ordinance and possibly relate the variance to the percentage of food sales. Mayor Ringer commented that if the ordinance was revised to grant the variance to conditions set from a percentage of food sales, Mr. Runge may reapply for a variance. Ms. Locke pointed out that Mr. Runge will also have the opportunity to meet with the PRC. The Council consented that staff review the ordinance and return to the Council with amendments. Aqenda Item No. 14 - Hear Visitors. No one spoke. &qenda Item No. 15 - Closed session to receive staff report _~6252-x? (2) (r) ]. A. Staff Report [6252-17(2) (r) ]. 1. Legal Report The council moved into closed session. 007797 City Council Regular Meeting Thursday, April 12, 1990 Page 9 Aqenda Item No. 16 - Aotion on olosed session. The council convened in open session at 8:49 p.m. taken. Agenda Item No. 17 - Adjourn. Mayor Ringer adjourned the meeting. _~F~sT: · / ~ ~ity s~Cr~t-a~y-con~nie Hooks No action was 007798 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY APRIL 12, 1990 7:00 P.M. 1! 12 13 14 17 18 20. 007811