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HomeMy WebLinkAbout01/23/1986 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 23, 1986 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Brown, Bond, McIlhaney, Runnels, Boughton, Tongco STAFF PRESENT: City Manager Cole, City Attorney Locke, Director of Capital Improvements Ash, Director of Planning Mayo, Purchasing Agent McCartney, Planning Technician Volk, Council Coordinator Garrett. VISITORS PRESENT: See Guest Register. Agenda Item No. 1 - Signing of a proclamation designating the week of February 03-07, 1986 as "Exceptional Children's Week" in College Station, Texas. Mayor Halter signed a proclamation designating the week of February 03-07, 1986 as "Exceptional Children's Week" in College Station, Texas. Klm Uptmore, representing the TAMU Student Council for Exceptional Children, was present to accept the proclamation. Agenda Item No. 2 - Signing of a proclamation designating the week of February 10-16, 1986 as "National Vocational Education Week" and "National OEA Week" in College Station, Texas. Mayor Halter signed a proclamation designating the week of February 10-16, 1986 as "National Vocational Education Week" and "National OEA Week" in College Station, Texas. Jeneane Luza, a representative of the VOE chapter at A&M Consolidated High School, was present to accept the proclamation. Agenda Item No. 3 - Approval of the minutes of the Workshop City Council Meeting, January 8, 1986 and the Regular City Council Meeting, January 9, 1986. Councilman Brown moved approval of the minutes of the Workshop City Council Meeting, January 8, 1986 and the Regular City Council Meeting, January 9, 1986. Councilman McIlhaney seconded the motion, which was approved 6-0-1, with Councilman Tongco abstaining. REGULAR MEETING OF THE CITY COUNCIL THURSDAY, JANUARY 23, 1986 PAGE 2 Agenda Item No. 4 - CONSENT AGENDA: BIDS: BIDS: #86-26 - Miscellaneous furniture for expanded Central Fire Station #86-25 - Miscellaneous Transformers PLATS: Final Plat - Replat Lot 3 Block V University Park (86-200) Final Plat - Phoenix Addition Phase I (86-201) Ail items were approved by common consent. Agenda Item No. 5 - Consideration of a request to designate 317 Patricia Street as a location qualified for the sale of beer and wine. (Applicant: John H. Loffarelli) Mayor Halter noted that the decision of the City Secretary has been appealed to the Council by John Loffarelli. He referred to the memo from the City Attorney stating the interpretation of the City Secretary's evaluation and provided a brief explanation of the system. Mr. Loffarelli presented his comments to the Council. He noted the location of the business is about 210 feet from the A&M Methodist Church. He also noted the church would use this building as an instructional facility on Sundays. He stated that the restaurant does not face the church and noted that the location was licensed previously under the name Pizza Express. The license issued to Pizza Express was prior to the ordinance requiring 300 ft. distance. He stated the area is not a family neighborhood but a student neighborhood. He stated his opinion that the practicality of the ordinance does not apply in this case and he felt this case needed special attention. Mayor Halter asked Mr. Loffarelli if they would be open on Sundays. Mr. Loffarelli replied they currently open from 5:00 p.m. to 12:00 p.m. on Sundays. Councilman Bond questioned Mr. Loffarelli about the location and previous beer permits. Mr. Loffarelli replied by saying that Pizza Express closed due to a death in the family and Pizza Express was licensed before the ordinance required 300 ft. Mr. Loffarelli noted that since the previous restaurant had been licensed there is no need to publish a notice in the newspaper. Councilman Bond also inquired about applying beyond the city to receive a permit. Mayor Halter stated the city has to certify he meets the ordinance regulations for the sale of alcoholic beverages. City Attorney Locke stated the business would have to publish notices in the paper due to license change and time lapse. Mr. Loffarelli noted that the TABC did not require any publications because the business was previously licensed. REGULAR MEETING OF THE CITY COUNCIL THURSDAY, JANUARY 23, 1986 PAGE 3 Councilman Bond stated that his concerns were directed to the A&M Methodist Church and their voice in opposition. Mr. Loffarelli expressed his opinion that the major objection of the church is that people will buy beer and sit on church lawns and leave the bottles on the lawns. He commented that people usually buy 6-packs at 7-Elevens instead of restaurants. Mr. Loffarelli noted the restaurant would become on-premise in order to be licensed. Councilman Bond asked if Pizza Express had on-premise facilities. Mr Loffarelli stated he did not know if they had on-premise license or not but they delivered beer to city addresses although not to the campus. Councilman McIlhaney asked Mr. Loffarelli if he did not realize the previous owner's license had expired. Mr. Loffarelli stated he was not aware of the expired license. Mayor Halter asked Mr. Loffarelli if he had another restaurant in the area. Mr. Loffarelli replied he has a Greek restaurant in the Post Oak Mall. Mayor Halter invited further comments. Mr. Dan MacGilvray from the A&M United Methodist Church addressed the Council. He stated that the building is not vacant and it is a church. He noted that a minister has moved into the building, and the building remains a church under the definition the city accepts for a church. He pointed out that the city has an ordinance regulating this activity and that the church is within 300 feet of the business. Mayor Halter asked for Council discussion. Mayor Halter stated that since the establishment is a restaurant with food and not a bar, it probably would contribute to the NorthGate area. Councilman TonGco commented that the restaurant is a closed area and the building does not face the church. Also, if the sale will be on-premise, she would not object to the license. Councilman Bond stated that his only reservation to the request concerned setting a precedent; he noted that once an exception is made to the ordinance, then there may be more exceptions. He Gave a hypothetical case as an example. Mayor Halter stated the ordinance is made to protect the city and different circumstances may receive different rulings. Councilman TonGco moved that the Council exempt said location from the 300 ft.-distance-to-church requirement, to allow Mr. Loffarelli's sale of beer and wine. Councilman BouGhton seconded the motion. REGULAR MEETING OF THE CITY COUNCIL THURSDAY, JANUARY 23, 1986 PAGE 4 Councilman Runnels stated that the city has a law and there should be no reason for continuous exceptions to the law. Councilman McIlhaney also expressed her concern with allowing exceptions. Mayor Halter stated that the council can deal with each individ- ual case separately and there may be exceDtions to the law if the circumstances arise. Councilman Tongco's motion was approved by a vote of 5-2 as follows: FOR: Mayor Halter, Councilmen Tongco, Bond, Boughton, Brown AGAINST: Councilmen Runnels, McIlhaney Agenda Item No. 6 - Hear Visitors. Mr. John Felton from Beaumont, Texas asked the council if the final plat on University Park was accepted. Mayor Halter replied that it was approved by common consent. Agenda Item No. 7 - Closed session to discuss pending litigation [6252-17 (2)(e)]. The council moved to close session and later reopened to the public. Agenda Item No. 8 - Action on closed session. No action was taken on closed session. Agenda Item No. 9 - Adjourn. Mayor Halter adjourned the meeting. Gary H-~',v Ma~;or ATTEST: ~etary GUEST REGISTER Regular City Council Meeting Thursday, January 23, 1986 7=00 P.M. ag e 18. 19. 20. 21. 22. 5 23. e 24. Se 25. 26. 10. 27. 11. 28. 12. 29. 13. 30. 14. 31. 15. 32. 16. 33. 17.