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HomeMy WebLinkAbout01/14/1988 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1988 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: Mayor Ringer, Councilmen Boughton, McIlhaney, Haddox, Brown, Gardner Councilman Jones Acting City Manager Ragland, City Attorney Locke, City Secretary Jones, Director of Capital Improvements Ash, City Engineer Pullen, Energy Specialist Shear, Utilities Office Manager Piwonka, Director of Parks and Recrea- tion Beachy, Assistant Director of Parks and Recreation Cisneros, Public Utilities Director Woody, Fire Marshal Davis, Lincoln Center Supervisor Robinson, Director of Planning Callaway, Public Information Officer Calliham, Council Coordinator Hooks STUDENT GOV'T LIAISON: Kevin Buchman VISITORS PRESENT: See guest register. Agenda Item No. 1 - Approval of the minutes of the Workshop Meeting, December 9, 1987 and Reqular Meetinq, December 10, 1987. Councilman Brown moved approval of the minutes as presented. Councilman Gardner seconded the motion which carried unanimously, 6-0. Agenda Item No. 2 - A public hearin9 to consider a request to rezone Lots 1 and 2 Block B and part of Lot 2 Block A, Haney- Highway 6 Addition from A-P to C-3. (87-107). Director of Planning Callaway introduced this item. He described the location between Highway 6/Texas Avenue interchange and Mile Drive area, a 3.721 acre tract. He noted that this request would zone all of Haney-Highway 6 subdivision C-3 Planned Commerical. He stated that the area is reflected as Office Commercial on the land use plan. The tract has been the subject of seven rezoning cases in the past eleven years and this rezoning request comes as a result of lengthy negotiations between the property owners and area residents. He stated that the change to C-3 from A-P is not a substantial increase in zoning intensity, the primary differ- ence is that C-3 would allow A-P uses plus retail activities. "06485 CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1988 Page 2 Staff recommended approval of this request contingent upon the filing of the plat for record. Planning and Zoning Commission recommended approval of this request, contingent upon the filing of this plat for record and filing of deed restrictions estab- lishing a greenbelt. Councilman Gardner asked how many acres would be zoned C-3. Mr. Callaway responded that he was not absolutely sure, but probably over 6 acres; C-3 has a maximum lot size of three acres. He ad- ded that the C-3 lots were limited to three acres because C-3 zoning was intended for sites that were appropriate for C-1 zoning but too small. Mayor Ringer opened the public hearing. Mrs. Gall Griffin, 108 Mile Drive, came forward representing the residents of Mile Drive. She stated that the neighborhood has worked with the owners of this property and have reached an agreement. She emphasized that the residents are asking that this request not be rezoned until the plat has been approved and the agreements have been filed at the courthouse. Mayor Ringer closed the public hearing. Agenda Item No. 3 - Consideration of an ordinance rezoninq the above property. Councilman McIlhaney asked the City Attorney if the Council can act on the two contingencies recommended by the Planning and Zoning Commission. City Attorney Locke responded that the plat has been placed on the agenda for council consideration; however, according to the Zoning Ordinance, the Council cannot act on the restricted convenants. She reiterated that the City cannot en- force the restricted convenants between the two parties, Mile Drive and Gateway Joint Venture. Mrs. Griffin stated that she has a memorandum of agreement signed by Mr. Ragland and Mr. Lovelace of Gateway Joint Venture. She explained the contents of the memorandum. Mrs. Locke responded that the City cannot bind itself with the contract when it re- lates to restricted convenants. Mrs. Griffin asked the Council to revert the zoning back to A-P, if the convenants are not filed. Mrs. Locke replied that this cannot be done; the property must be rezoned based upon the proper use of the property, not on the restricted convenants. 96486 CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1988 Page 3 Mr. Wayne Griffin, 108 Mile Drive, came forward to request the rezoning contingent upon filing of the covenants. Mayor Ringer responded that this cannot be done. Mr. Griffin stated that action of this kind was previously approved for this property, yet the description of the property was improperly filed at the courthouse. Mr. and Mrs. Griffin explained that they were pre- sent tonight asking for the same procedure to be approved so that the right descriptions can be filed. Mrs. Locke reiterated that the City cannot act on the rezoning contingent upon the filing of the covenants. Mayor Ringer suggested tabling the rezoning request until the covenants are filed and at that time, the applicants may appear before Council and request the same rezoning. Councilman McIlhaney suggested that a motion be made to rezone the property contingent upon approval of the plat, and to table the approval of the plat until the next council meeting. Councilman Gardner commented that he has a problem with zoning property on the condition of another event occurring. Mayor Ringer pointed out that the deed restrictions may be filed with the condition to become effective upon the rezoning. The ap- plicant can return to the next council meeting requesting the re- zoning subject to plat approval and filing. Mayor Ringer clari- fied the proceedings of the previous rezoning request. He stated that the condition which was placed on the previous rezoning was that there be an easement for the greenspace, nevertheless, the easement was not favored by the Mile Drive residents. Councilman Haddox moved to table the rezoning request and place this item on the agenda for the next regular meeting, Thursday, January 28th. Councilman Haddox's motion was seconded by Councilman Boughton and carried unanimously, 5-0-1, Councilman Brown abstaining. Agenda Item No. 4 - A public hearin9 to consider an ordinance amendin9 the Zoning Ordinance to allow funeral homes as con- ditional uses. (87-805). Mr. Callaway described this item. He stated that the Mayor's of- fice received a request to consider an amendment to the Zoning Ordinance which would add funeral homes to the list of condition- al uses. In response, the staff prepared an ordinance amending the Zoning Ordinance by adding funeral homes to the list of con- ditional uses. He explained that conditional uses are uses '06487 CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1988 Page 4 which are not specifically permitted in any or all zones. Some conditional uses are specifically permitted in some zones, but not necessarily in all zones. He referred to a list of other Texas cities and their zoning districts applicable to funeral homes. Councilman Gardner asked if the list of conditional uses was re- cently revised. Mr. Callaway replied affirmatively, adding that parking lots were recently added. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 5 - Consideration of an ordinance revising Section 8.12 of the Zoning Ordinance specifically affectinH conditional uses. Councilman Gardner pointed out several concerns. He stated that funeral homes should not be permitted in R-1 and R-2 residential zoning clarifying that the conditions in a C-3 zone determine what uses are allowed in that zone, without a use permit. He emphasized that additional conditional uses may weaken the mean- ing of the ordinance. Councilman Gardner moved to reject the ordinance as proposed. Councilman McIlhaney seconded the motion. Councilman McIlhaney and Councilman Haddox agreed with Councilman Gardner's comment that funeral homes should not be allowed in residential zoning. Councilman Brown asked if the conditional use can be placed in a C-3 zoning district. Mr. Callaway responded that the Zoning Ordinance allows the Planning and Zoning Commission to consider other uses in a number of zoning districts. Mayor Ringer pointed out the appropriate way to handle this issue would be to approve the ordinance with an amendment to restrict zones for funeral homes other than residential zones, or to specify zones which allow funeral homes. Councilman Gardner's motion was defeated by a vote of 1-5, FOR: Councilman Gardner; AGAINST: Mayor Ringer, Councilmen Brown, Boughton, Haddox and McIlhaney. 06488 CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1988 Page 5 Councilman Haddox moved approval of Ordinance No. 1732, adding funeral homes as a conditional use allowed in all zones other than R-1 thru R-6 residential districts. Councilman Brown seconded the motion. Councilman Gardner suggested that the caption in the proposed ordinance be changed. The motion passed by a vote of 5-1. FOR: Mayor Ringer, Council- man Boughton, Brown, Haddox, McIlhaney. AGAINST: Gardner Agenda Item No. 6 - A public hearing to consider an ordinance amending Chapter 3 of the Code by adopting a new Section 2.B, Residential Energy Compliance Code. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 7 - Consideration of an ordinance adopting a Residential Energy Compliance Code. Councilman Brown moved approval of Ordinance No. 1733, adopting a new Section 2.B, Residential Energy Compliance Code. He added that he hopes the staff will find a way to recognize residents for their energy efficient homes. Councilman Boughton seconded the motion which carried unanimous- ly, 6-0. Agenda Item No. 8 - CONSENT AGENDA: 87-217 - Final Plat - Easement Abandonment and Dedication Plat Haney Highway Six Addition 87-220 - Final Plat - Birmingham Drive Lincoln Center site improvement bids, Community Development Block Grant Funds-87, 10-90-5719 Councilman McIlhaney removed the final plat, 87-217 from the consent agenda. Councilman McIlhaney moved to table the final plat, easement abandonment, and dedication plat, Haney Highway Six Addition. Councilman Haddox seconded the motion which carried by a vote of 5-0-1, Councilman Brown abstaining. Mayor Ringer noted that this final plat will be placed on the agenda for the next council meeting, January 28th. ' 06489 CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1988 Page 6 All other items were approved by consent as recommended by staff. A~enda Item No. 9 - Consideration of a request to desiqnate Brazos Landinq, 105 Boyett Street, as a location qualified for the sale of mixed beverages. Applicant: Huqh Stearns. Mayor Ringer explained that this item was added to the agenda at the request of Mr. Hugh Stearns. He stated that the applicant, Mr. Stearns, came to the City requesting approval for a mixed beverage permit. The request was denied based on the fact that his facility is located within 300 feet of the Christian Science Reading Room in the Northgate area. On August 28, 1986, Mr. Stearns received a variance from the City Council allowing the sale of beer and wine at his location. Mayor Ringer pointed out that there is no requirement to adver- tise applications for liquor licenses; however, the City general- ly advertises notices so the public will be aware. Mayor Ringer stated that he agreed to place this item on the agenda if Mr. Stearns would personally notify the churches in Northgate. Mr. Stearns replied that he was able to notify several of the churches in the Northgate area. Mayor Ringer asked if anyone from the audience would like to speak on this issue. Mr. Stearns came forward and stated that he spoke with members of the Christian Science Center and they did not see a problem. He pointed out that his facility is primarily a restaurant, adding that the sale of mixed beverages prohibits anyone from taking alcoholic beverages outside the facility. Mayor Ringer mentioned that he spoke with Mr. Rothenflue of the Christian Science Center. He was satisfied that Mr. Stearns con- tacted him personally, since the delay did not allow the city ad- equate time to advertise. He also did not express extreme objec- tion to the granting of this permit, other than the general con- cern of the consumption of alcoholic beverages by college students. Councilman Haddox pointed out that the bar/restaurant located next door to Brazos Landing has a mixed beverage license. Councilman Brown stated that setting a precedent by previously Granting a beer and wine permit for this location, would be hard to justify not GrantinG this location qualified for the sale of mixed beverages. Mayor Ringer explained the procedure for obtaining an alcohol490 beverage permit and the concern of Mr. Stearn's urgency in CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1988 Page 7 receiving permission from the Council. Councilman McIlhaney expressed two concerns why she did not sup- port the request. 1) there have been several problems associated with alcoholic beverages in the Northgate area; and, 2) the drinking age has been raised to 21. Councilman Brown agreed with her comments, but he did not feel it was fair to deny his request. Councilman Boughton stated that it is hard to deny Mr. Stearn's request, when the restaurant next door sells mixed drinks, and it is located closer to the church than Brazos Landing. Councilman Gardner moved approval of the designation of Brazos Landing as a location qualified for the sale of mixed beverages. Councilman Boughton seconded this motion. The motion carried by a vote of 5-1, Councilman McIlhaney voting against. A~enda Item No. 10 - Consideration of a resolution authorizing the implementation of the City of College Station investment policy. Councilman Haddox moved approval of the City of College Station investment policy as recommended by staff. Councilman Brown seconded the motion which carried unanimously, 6-0. Agenda Item No. 11 - Consideration of a resolution authorizing the City Manager to sign an a~reement with the Brazos Valley Community Action Agency for the distribution of Title II com- modities. Assistant Director of Parks and Recreation Cisneros came forward to address this item. H~ briefed the Council on an update of the total persons served at Lincoln Center, 5,092, an increase of 4,552 persons. Mr. Cisneros noted that the city staff unloads the commodities from the trucks and a number a volunteers help with the distri- bution. Councilman Boughton moved approval of the resolution authorizing the City Manager to sign an agreement with the BVCAA for the dis- tribution of Title II commodities. "96491 CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1988 Page 8 Councilman Gardner seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 12 - Consideration of proposed ordinance amending Chapter 6 and Chapter 9 of the City Code of Ordinances, relatin~ to requirements for fire hydrants. Fire Marshal Davis addressed this item. He stated that passage of this ordinance would allow the requirements for fire hydrants be added to the Fire Code; also allowing the City to enforce the requirements for existing properties and properties which are not subdivided. Councilman Boughton moved approval of Ordinance No. 1734 amending the City Code and adding to the Fire Code requirements for fire hydrants. Councilman Haddox seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 13 - Consider of Change Order ~2 to the contract with Brazos Valley Utilities, Inc. for the construction of the College Hills Woodlands Sanitary Sewer Replacement Project R83-83-09. City Engineer Pullen stated that the majority of monies corres- ponded with the deletion of residential yard lines from the project. Nine of the property owners chose to fund their own construction to relocate their yard lines to the sanitary sewer line. The reduction of the contract totals $15,396.00. Councilman Brown moved approval of Change Order 92 to the Brazos Valley Utilities contract for the College Hills Woodlands Sanitary Sewer Replacement Project R83-83-09. Councilman McIlhaney seconded this motion which carried unan- mously, 6-0. Agenda Item No. 14 - Consideration of a resolution adopting a Sanitary Sewer Master Plan for Sandstone and Foxfire Sub- divisions. City Engineer Pullen explained that staff revised the resolution at the council's direction in the form of an ordinance; this will enable the city to enforce the requirements. '06492 CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1988 Page 9 Mr. Pullen expressed his reluctancy to change the word "guide" to a word with stronger meaning, but he did not see a problem with changing it to the word "plan". He explained that some areas may be replatted in the future, and it may be advantageous in the replatting to run the sewer line different than what is shown on the master plan. This is one reason he did not feel a stricter interpretation was necessary. Councilman Haddox and Councilman Brown agreed this wording should be changed. Councilman McIlhaney moved to approve Ordinance No. 1735 adopting a master sanitary sewer plan for Foxfire and surrounding areas with the change of the word "guide" to "plan" in the last "whereas" paragraph. Councilman Haddo× seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 15 - Consideration of a request for oversize participation for the construction of a portion of Marsh Boulevard in the Texas Centroid Ranch Subdivision, CIP #G83-84-05. City Engineer Pullen explained that this item is an oversized participation request for a street that has been completed. The City Council and the Planning and Zoning Commission approved the preliminary plat in November, 1986. He explained that the city's oversized participation level is for a 47 foot wide street or 70 foot wide right-of-way. Marsh Boulevard was installed at the request of the staff as an 80 foot wide right-of-way and a 56 foot wide street because this street would be carrying a considerable amount of traffic and constitute a counterflow street from the Industrial Park. Councilman McIlhaney asked if the ordinance restricts the city in oversized participation upon a platted street. Mr. Pullen re- plied that the subject of oversized participation is a part of the subdivision ordinance. This request is an oversized street required to be wider and located in a dedicated right-of-way. After further discussion, Councilman Boughton moved approval of the request for oversized participation in the amount of $52,163.48, G-83-84-05. Councilman Haddox seconded the motion which carried unanimously- 6-0. 93 CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1988 Page 10 Agenda Item No. 16 - Hear Visitors. No one spoke. Agenda Item NO. 17 - Closed session to discuss personnel [6252-17(2)(g)], legal report acquisition [6252-17(2)(f). [6252-17 (2) (r) ], The council convened in closed session at 8:50 p.m. Agenda Item No. 18 - Action on closed session. The council reconvened in open session at 9:30 p.m. was taken. Agenda Item No. 19 - Adjourn. Mayor Ringer declared the meeting adjourned. and land No action ATTEST: APPROVED.. Mayo~ ~ar~_~ing~ City Secre~r~ Dian Jones '06494 GUEST REGISTER City Council Meeting Thursday, January 14, 1988 7:00 P.M. 14. 15. 16. 17. 18. 19. 20. 21. 22. 10. 23. 11. 24. 12. 25. 13. 26. 006499