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HomeMy WebLinkAbout03/13/1986 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 13, 1986 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Brown, McIlhaney, Runnels, Boughton, Tongco, Bond STAFF PRESENT: City Manager Cole, City Attorney Locke, Director of Capital Improvements Ash, Director of Planning Mayo, City Engi- neer Pullen, City Secretary Jones, Zoning Official Kee, Asst. Director of Planning Callaway, Asst. Zoning Official Johnson, Purchasing Agent McCartney, Council Coordinator Garrett STUDENT GOV'T LIAISON Mike Hachtman VISITORS PRESENT: See guest register. The meeting was called to order by Mayor Pro-tem Runnels, with Mayor Halter, Councilman Bond and Councilman McIlhaney absent. Mayor Pro-tern Runnels noted that Item No. 5 and Item No. 6 were removed by the applicant. Agenda Item No. 1 - Approval of the minutes of the City Council Workshop Meeting, February 26, 1986, the City Council Regular Meeting, February 27, 1986, and the City Council Special Meetinq, March 3, 1986. Councilman Boughton made a correction to the minutes of the City Council Regular Meeting on page 4 which should state Church and Patricia Street instead of Lodge and Patricia Street. Councilman Boughton moved approval of the minutes of the City Council Workshop Meeting, February 26, 1986, and the City Council Special Meeting, March 3, 1986, and the minutes, as amended of the City Council Regular Meeting, February 27, 1986. Councilman Tongco seconded the motion which was approved unanimously, 4-0. Agenda Item No. 2 - A public hearing to consider an amendment to Ordinance No. 850, the Zoning Ordinance, establishing a new zoning district.- C-P.U.D. Commercial Planned Unit Development. A1 Mayo, Director of Planning, presented this item. He stated the purpose of this district is to provide an opportunity for REGULAR MEETING OF THE CITY COUNCIL THURSDAY, MARCH 13, 1986 PAGE 2 flexible, responsible commercial developments which will encourage mixed use development and promote innovative use of modern development concepts. This district will allow shared parking, and landscaping may be accomplished in common areas if platted and maintained. He noted the staff and P&Z recommend approval. Mayor Halter arrived at the meeting. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 3 - A public hearing to consider an amendment to Ordinance No. 850, the Zoning Ordinance, establishing a new zon- in~ district, District C-NG, Commercial Northgate. A1 Mayo presented this item. He stated this new zoning district shall apply only to the Northgate area. This zoning district will relate to the redevelopment of the outlined area from Church and University Dr. Additional parking and landscaping may be re- quired if necessary to relieve the parking impact. The staff would like to see this area contain some historical significance. Mayor Halter complimented on the businesses who have already be- gun to redevelop in this area. He stated the proposed zoning district should aid in other development and redevelopment. Mayor Halter opened the public hearing. No one spoke and the public hearing was closed. Agenda Item No. 4 - Consideration of ordinance amending and superceding Ordinance No. 850, the Zoning Ordinance, and all amendments thereto, as well as all other ordinances in conflict with this ordinance, providing a revision and updating of the zoning regulations, including but not limited to site plan review, parking requirements, landscaping, sign regulations, amendment procedures, the Zoning Board of Adjustment and enforce- ment and penalty provisions, all in accordance with a compre- hensive plan for the development of this City, and in accordance with the provisions of the Articles 101ia-3., V.A.C.S. Councilman Tongco stated the ordinance does not cover C-1 zoning immmediately adjacent to R-1 property. She suggested a fencing option of either woodlands or greenbelt which would attract the R-1 property and still allow C-1 zoning. She noted that the businesses would profit if the option were available because REGULAR MEETING OF THE CITY COUNCIL THURSDAY, MARCH 13, 1986 PAGE 3 the land changes as development occurs. Mayor Halter commented that the greenbelt may be more attractive. Cathy Locke, City Attorney, noted that the staff has begun research on the subject and has found that a natural greenbelt area can be used as an alternative to a fence. Councilman Boughton suggested that the Zoning Ordinance could be passed at this meeting and the addition of the option proposed by Councilman Tongco could be made at a future meeting. A1 Mayo stated that he had included in the packet a memo from his his staff. The memo addresses several revisions to the proposed zoning ordinance. Some of these revisions are changes to the definition of bed and breakfast inn, and room/boarding houses. Councilman Boughton moved approval of Ordinance No. 1638 of the Zoning Ordinance No. 850 which shall include the zoning districts C-P.U.D. and C-NG, and the recommendations listed in the memo from the Planning staff. Councilman Runnels seconded the motion which was approved unanimously, 5-0. Agenda Item No. 5 - A public hearing on the question of rezoning Lot 2, Lakeview Acres, located on the north side of Millers Lane approx. 400 feet east of Texas Ave., from R-1 Single Family Residential to C-1 General Commercial (86-102). Mayor Halter noted this item was removed from the agenda by the applicant. Agenda Item No. 6 - Consideration of a proposed ordinance re- zoning the above tract. Mayor Halter noted this item was removed from the agenda by the applicant. Agenda Item No. 7 - A public hearing on the question of rezoning Lot 1 Block One Walden Pond Townhomes subdivision (21.64 acres) located on the north side of FM 2818 approx. 350 feet west of Holleman Dr., from R-4 Apartments Low Density to R-5 Apartments Medium Density (86-1U3). Jim Callaway, Asst. Plannin~ Director, presented this item. He pointed out that the northern part of this tract is multi-family residential and the balance of the tract is vacant. He also noted adjacent tracts are vacant. The requested zoning district is in compliance with the land use plan. The staff and Planning and Zoning Commission recommend approval. Councilman Runnels asked if the increased density and limited REGULAR MEETING OF THE CITY COUNCIL THURSDAY, MARCH 13, 1986 PAGE 4 street system will burden access to the streets in this area. Mr. Callaway replied that the Engineering Department has reviewed this area and found there is adequate street access to 2818 and Southwest Prkwy. Mayor Halter opened the public hearing. Stephen King, representing the property owners of the tract being rezoned, was available to answer questions from the Council. Mayor Halter closed the public hearing. Agenda Item No. 8 - Consideration of a proposed ordinance rezonin~ the above tract. Councilman Brown moved approval of Ordinance No. 1639 rezoning the Walden Pond Townhomes subdivision from R-4 Apartments Low Density to R-5 Apartments Medium Density. Councilman Boughton seconded the motion which was approved unanimously, 5-0. Agenda Item No. 9 - A public hearing on the propose~ use of revenue sharing funds. Diane Savage, a representative of MHMR, addressed the council. Ms. Savage thanked the City for their support and asked for con- tinued support. She stated the litigation from TDMHMR continues to affect MHMR drastically. She also stated that the demand for emergency services has increased and the state has mandated MHMR to provide case management for the severely disturbed individuals being removed from the state mental hospitals and schools. She pointed out that at this time, MHMR is trying to locate alternate places for the mentally ill and mentally retarded. Also, this is affecting law enforcement agencies who transport these clients, issue mental health warrants, etc. and the peace officers are not adequately trained in this area. MHMR has suggested having a community mental health deputy program which consists of training someone to deal with these individuals. They are also asking that the costs of this program be split, with 50% funded by the City of Bryan, the City of College Station, and Brazos County, and the other 50% contributed by the six counties in the catchment area. Mayor Halter asked Ms. Savage to explain the mental health deputy program. Ms. Savage explained that this program involves peace officers who will be trained in handling mental patients and clients. Mayor Halter commented that various court decisions have required that these individuals be released from state mental hospitals which in turn places a greater responsibility for the local con, unity to care for the mental ill and mentally retarded. REGULAR MEETING OF THE CITY COUNCIL THURSDAY, MARCH 13, 1986 PAGE 5 He also stated that the local community may be responsible for a Greater share of the costs in caring for these individuals. Councilman Brown asked Ms. Savage how many patients are at the MHMR Center. Ms. Savage replied that the Crisis unit began with a 6-bed unit and has increased to 10 beds, and the number of patients vary on a daily basis. She further explained that MHMR is preparing a facility for the mentally retarded who will be taken out of the state schools, and MHMR hopes to receive donations. She pointed out that MHMR served about 2300 clients last year. Mayor Halter stated that MHMR is setting up a program so the mentally retarded can become more self-sufficient. Councilman TonGco asked what amount MHMR is requesting. Ms. Savage replied they are asking for $54,549.00. She concluded by Giving Council a letter from Dr. Shively, explaining the details and requesting this amount. No one else spoke and the public hearing was closed. City Manager Cole presented up-to-date information relating to the revenue sharing funds. He stated funding will continue through the present fiscal year which does not coincide with the city's fiscal year. The staff anticipates 1/4 entitlement during the 1986-1987 fiscal year which will be about $150,000.00. The staff also anticipates about $50,000.00 in the revenue sharing fund balance at the end of the city's current fiscal year. This will amount to $200,000.00 in the revenue sharing fund for FY 86-87. The staff anticipates this will be the last funds received. Last year, the city funded MHMR, Retired Senior Volunteer Program and the Summer Library Program, for a total of about $50,000.00. The City can anticipate losing $600,000.00 of General funds which is the equivalent of 67 on the present tax rate or 16% tax increase. Councilman Brown asked how much was funded to MHMR last year. City Manager Cole replied $35,000.00. AGenda Item No. 10 - Consent ,AGenda: BIDS: 986-30 Mini-Van 1 each. This item was approved by common consent. REGULAR MEETING OF THE CITY COUNCIL THURSDAY, MARCH 13, 1986 PAGE 6 Agenda Item No. 11 - Consideration of an ordinance amending Chapter 4, Section 8, of the College Station Code of Ordinances relating to alarm systems. Cathy Locke, City Attorney, presented this item. She stated this request is a "clean-up" on the current alarm ordinance. This ordinance provides for tighter enforcement for false alarms. This will require the businesses to maintain checks on these alarm systems. Also, this ordinance will require the businesses to list three individuals who can be contacted in the event an alarm goes off. Councilman Brown asked if there is a charge on the first alarm. Cathe Locke responded negatively. After further discussion on the item, Councilman Brown asked if the ordinance could be amended so that the charge would become effective on the third call instead. Councilman TonGco pointed out that businesses are allowed one call per month, for a total of twelve free calls each year. Councilman Brown's request for amendment to the ordinance was not considered. Councilman BouGhton moved approval of Ordinance No. 1640 to amend Chapter 4, Section 8, of the College Station Code of Ordinances relating to alarm systems. Councilman Runnels seconded the motion which was approved unanimously, 5-0. Agenda Item No. 12 - Consideration of an ordinance vacating a portion of a utility easement located in Lot 4, Block 4 of the Anderson Ridge Subdivision Phase IV. David Pullen, City Engineer, presented this item. He referred to the graphics and memorandum Given to Council. He pointed out on the map the location of the easement and he stated the easement on the site plan was given to the City by the current owner of AGgieland Print Shop. He also noted there is a 12" water line in the easement that extends to Holleman and westerly toward the intersection of Anderson Street. The property owner in this case requesting abandonment is the owner who dedicated the easement. Staff recommended denial of this request. Director of Capital Improvements, Elrey Ash, stated that the City of Bryan has an encroachment agreement to solve problems such as this. He stated the building was constructed on the easement line and subsequently, the construction of the facade proved to be the encroachment. He stated this is a very tiny encroachment, REGULAR MEETING OF THE CITY COUNCIL THURSDAY, MARCH 13, 1986 PAGE 7 yet the owner cannot receive a clear title or complete financing for this project. Mr. Ash recommended that the staff could table this item and report back to Council at a later date with an encroachment agreement compiled. Mayor Halter asked if the "license to encroach" is a better solution. Mr. Ash replied that a number of these situations occur often and he would like to see what could be done legally in these cases. He stated that it is the staff's policy not to abandon portions of easements that are in use. David Pullen noted that the total area in question is 9 1/2 sq.ft. Councilman Brown asked how far is the actual line from the foundation. Mr. Pullen replied that the foundation was placed outside of the easement. The brick ledge which was added to the foundation is the actual encroachment. The request is for the physical encroachment and an additional 3". Mr. Pullen stated the easement is 7' from the utility line on the back side and approximately 8' on the front side. Mayor Halter stated that encroachment agreements may be a better solution. The Council should consider two options: 1) either to grant the request, or 2) direct staff to prepare an encroachment agreement. Tim Chinn, representing Kling Engineering, stated the details of this situation. He stated that this project was contracted with a local construction firm to design and build the building. The owner had requested a brick veneer facade along the front and two sides; however, the contractor had at first excluded the brick veneer from the sides without consulting the owner. Mr. Chinn stated that the encroachment is 3" into the easement and before the contractor was given final payment, the owner contacted Kling Engineering concerning any problems which could occur. Kling Engineering found this error and hopes the council will Grant this ordinance. Mr. Chinn commented that the encroachment agreement in the City of Bryan receives council action and he encouraged College Station to look into a similar type of approach. Councilman Runnels made a motion for the city staff to develop a general policy of "license to encroach" and report back to Council. Councilman Boughton seconded the motion which was approved unanimously, 5-0. Mayor Halter noted that the staff should be able to return this item to council in two weeks. Councilman McIlhaney arrived at the meeting. REGULAR MEETING OF THE CITY COUNCIL THURSDAY, MARCH 13, 1986 PAGE 8 Agenda Item No. 13 - Hear Visitors. Stephen Johnson, a representative of the Maranatha Christian Ministries, presented the Council with a monthly newspaper entitled "Forerunner". He stated this newspaper addressses current issues, from a Christian perspective. Agenda Item No. 14 - Closed session to discuss pendinq litigation [6252-17(2)(e)] and land acquisition [6252-17(2)(f)]. Councilman Bond arrived at the meeting. The council moved to closed session. Agenda Item No. 15 - Action on closed session. No action was taken in closed session. Agenda Item No. 16 - Adjourn. Mayor Halter adjourned the meeting at 9:30 p.m. ATTEST: APPROVED: GUEST REGISTER Regular City Council Meeting Thursday, March 13, 1986 7=00 P.M. 18. 19. 20. 4. ~ 21. 29. 13. 30. 14. 31. 15. 32. 16. 33. 17. 34. 005579