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HomeMy WebLinkAbout04/14/1988 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 14, 1988 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Boughton, Brown, Gardner, Haddox COUNCIL MEMBERS ABSENT: Councilman McIlhaney STAFF PRESENT: Acting City Manager Ragland, City Attorney Locke, Director of Capital Improvements Ash, Assistant to the City Manager Piwonka, Personnel Director Dickson, Purchasing Agent McCartney, Director of Planning Callaway, Finance Director Harrison, Conm~unity Development Director Fette, Public Information Officer Calliham, Council Coordinator Hooks STUDENT GOV'T LIAISON: Kevin Buchman VISITORS PRESENT: See guest register. Mayor Ringer announced that Mrs. Dorothy Meyer, the applicant who applied for a license to keep poultry at her residence, withdrew her application. A~enda Item No. 1 - Approval of the minutes of the City Council Workshop Meeting, March 23, 1988 and the City Council Regular Meeting, March 24, 1988. Councilman Boughton corrected three typographical errors. Councilman Gardner made changes to the regular meeting minutes on page 3, second paragraph. The statement should read "He pointed out that the tract of land is not suitable for this type of rezoning". He corrected another statement on page 6, paragraph 5, to "...persons seeing the advantage of having an improved street". Also, he deleted the word "who" in the next to last sentence of the same paragraph. Councilman Boughton moved approval of the minutes as corrected. Councilman Gardner seconded the motion which carried unanimously, 5-0. 06631 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 14, 1988 Page 2 Agenda Item No. 2 -A public hearing on the question of rezoning Lots 4, 5, 6, 7, 8 & 9, Block U, University Park II from A-P Administration Professional to R-5 Apartments Medium Density. John E. Hollingshead, applicant. (88-103). Mr. Callaway described the property. He stated that these lots are located behind office buildings at the 1000 block of University Drive and front the south side of Spring Loop. An R-4 zoned area is adjacent to the east. He stated that the area is reflected as medium density residential and office commercial on the land use plan. Mr. Callaway noted that the Planning and Zoning Commission has recommended approval of this request by a vote of 4-0-1, with one absention. Mayor Ringer opened the public hearing and asked that anyone who would like to speak in favor of the rezoning request to come forward. Mr. John Hollingshead representing the owners of the property, Round Rock National Bank, addressed the Council. He stated that the owners have submitted a site plan for approval of a 104 unit project on this property. He added that this project is very compatible with the type of development in the area. Mayor Ringer asked if anyone would like to speak in opposition to this request. Mr. Dick Birdwell, 1401 Post Oak Circle, came forward and stated that he attended the meeting of the Planning and Zoning Commission. He stated that two persons spoke at the P&Z meeting who were opposed to the project. These persons own office buildings in the area. He commented on several points in regards to development. For example, he stated that strip devel- opment may occur by cutting the depth of the development, and this action did not seem consistent with the Plan 2000. Councilman Brown asked staff if anyone received calls from other property owners in the area. Ms. Locke stated that she has received no calls. Mr. Callaway responded that he had received inquiries. He pointed out that Mr. Lipsey, an adjacent property owner, spoke in opposition to the request at the Planning and Zoning Commission meeting. Mr. Hollingshead came forward and stated that he has spoken to Mr. Lipsey and associates. Mr. Lipsey's concern was an issue of fencing; and, he requested that the owners save some of the larger trees. The owners have agreed to build a fence with brick columns and also to save as many trees as possible. 06632 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 14, 1988 Page 3 Councilman Gardner stated that the owner may try to separate the two uses as much as possible rather than integrate it into an overall design. Mr. Hollingshead replied that the five lots are being replatted to single lots. He added that the plat shows 104 units, approximately 5 acres. Mr. Gardner commented his concern for adding a considerable load to the traffic flow. Mr. Hollings- head responded that there are no other commercial properties on Spring Loop; therefore, the property on Spring Loop will be con- sistent with the rest of the development in the area. Councilman Brown asked if the property located across the street on University Drive in front of the apartment complex is zoned A-P. Mr. Callaway responded affirmatively. Mayor Ringer asked if anyone opposition to the rezoning. else would like to speak in Mr. Hubbard Kennedy, a local attorney, came forward to speak on behalf of State Farm. He stated that State Farm representatives are concerned about the development and the property values. Mr. Kennedy stated that he had not heard about the issue of fencing. Mayor Ringer closed the public hearing. A~enda Item No. 3 - Consideration of an ordinance rezonin~ the above lots. Councilman Brown asked if this ordinance is approved, could a condition be added that a fence be required. Ms. Locke replied affirmatively. She explained that the change in the use would make it a conditional zoning. She stated that in this case, the subdivision plat will be subject to refiling; she also noted that the Lipsey law firm will be a signatory on the plat; and through their own negotiations, there should be no problem in obtaining Mr. Lipsey's signature. Councilman Brown recommended that this item be tabled until the developer has come to an agreement with all the adjacent property owners. Ms. Locke reminded the Council that actual agreement from the adjacent property owners is not a basis for rezoning in this case. Councilman Brown moved to table consideration of this rezoning based on the subdivision plat coming before the Council. Councilman Boughton seconded the motion which carried by a vote of 4-0-1, with Councilman Haddox abstaining. 06633 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 14, 1988 Page 4 Agenda Item No. 4 - A public hearing to consider a plat consolidating a replat of lots 19 through 26 and part of lot 27 of the Richards Addition and a 6.34 acre tract. (88-202). Mr. Callaway explained the request. He stated that this plat meets one of the conditions imposed by Council when these lots were rezoned C-1 in 1984 contingent upon a plat consolidating an adjacent plat fronting Holleman. He stated that the lots involved in the replat were zoned residential within the past five years; state law requires a public hearing to be held. The Planning and Zoning Commission recommended approval of this plat. Mayor Ringer opened the public hearing. No one came forward. Mayor Ringer closed the public hearing. Agenda Item No. 5 - Consideration of the above plat. Councilman Boughton asked if all seven lots are vacant. Callaway responded affirmatively. Mr o Councilman Haddox moved approval of the plat consolidating a replat of lots 19-26 and part of lot 27 of the Richards Addition and a 6.34 acre tract. (88-202). Councilman Boughton seconded this motion. vote of 5-0. The motion carried by a Agenda Item No. 6 - Consideration of approval of apDlication for license to keep poultry at 1207 Walton Drive within the city limits of College Station. (applicant: Dorothy Meyer). Mayor Ringer announced that this applicant. item was withdrawn by the Agenda Item No. 7 - CONSENT AGENDA: Brazos Valley Softball Umpire Association - Contract for Services. This item was approved by common consent. ' 96654 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 14, 1988 Page 5 A~enda Item No. 8 - Consideration of authorization for the transfer of city owned house at 1210 Foster to Community Development Division for use in Housing Assistance Pro~ram. CIP Director Ash presented this item. He stated that this house has been owned by the city for a number of years. The renter has moved. The recommendation is to move the house to the care of the CD Division so that it can be ultimately used in the housing assistance program. Councilman Brown moved approval for the transfer of the city owned house at 1210 Foster to the CD Division. The motion was seconded by Councilman Haddox which carried unanimously, 5-0. A~enda Item No. 9 - Consideration of a resolution to approve banking services from First City National Bank in Houston. Mr. Harrison was present to answer any questions the Council may have. Mayor Ringer clarified that this item is in relation to using an unrelated bank to our depository bank to hold collateral as required by the auditors. Councilman Boughton moved approval of Resolution No. 4-14-88-09 approving banking services from First City National Bank in Houston. Councilman Brown seconded the motion which carried unanimously, 5-0. A~enda Item No. 10 - Hear Visitors. Mr. Dick Birdwell of 1401 Post Oak Circle came forward. He asked if the press release regarding the public hearing on the Plan 2000, May 5th has been published. Ms. Calliham responded that it was listed in the calendar section of the "Eagle" and sent to all school district residents in the monthly bulletin. Also, Cathy Thomas, a reporter for the Eagle, responded that she will have a story printed in the paper. Mr. Allen Swoboda came forward to speak on the issue regarding the noise problem from the nightclub, "The Edge", located in the Park Place Shopping Center. He asked if there is anything the Council might do and if there is any provision in the ordinance relating to noise. Councilman Boughton mentioned that there were several problems during the construction process regarding noise from the nightclub. She stated that the residents in the Oak Forest Mobile '06635 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 14, 1988 Page 6 Home Park should file complaints with the police department; adding that after so many calls are received, the Police Depart- ment might be in a position to take action. Mayor Ringer pointed out that one person had called the Mayor's office requesting that this item be placed on the agenda. At the request of the Mayor, the Council office explained to this individual that she is welcome to speak under Hear Visitors. He also stated that there are ordinances which are related to public nuisances. Ms. Locke clarified that there is a "loud noise" ordinance which provides a penalty clause for a class "C" misdemeanor, fine not to exceed $200.00. Mr. Ragland pointed out that there have only been two disturbance calls filed with the Police Department since September. Mr. Ragland mentioned that the Texas Alcoholic Beverage Commission has suspended their license for three days due to loud noise. Mayor Ringer pointed out that the citizens must make formal complaints to the police department. Ms. Locke stated that the legal staff will look into the procedures for filing a common law nuisance suit; approval of this type of action requires council author- ization. Councilman Haddox emphasized that the residents must continue to place calls to the Police Department. Mr. Ragland added that formal complaints must be filed in order to help. Ms. Locke remarked that the staff could look further in deter- mining if there is a case, and if so, one of the residents may need to testify and seek an injunction prohibiting the operation of the business. Mr. Haddox asked if the Legal staff would write the TABC and determine what other action might be taken by the TABC, and look further into what other enforcement mechanisms the City may have available. Mayor Ringer emphasized that the resi- dents must make formal complaints so a file may be set up. Councilman Gardner mentioned that there may be a provision in the Zoning Ordinance which addresses environmental issues. Mayor Ringer pointed out to Mr. Swoboda that he should encourage the residents in the Mobile Home Park to continue making calls. 066 6 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 14, 1988 Page 7 A~enda Item No. 11 - Closed session to discuss legal report [6252-17(2)(r)] and personnel [6252-17(2)(~)]. The Council moved into closed session to discuss the following items. 1. Legal Report. 2. City Manager Status Report. A~enda Item No. 12 - Action on closed session. The council reconvened in open session at 8:26 p.m. announced that no action was taken. Mayor Ringer Agenda Item No. 13 - Adjourn. Mayor Ringer adjourned the meeting. ATTEST: City- Secret~ian Jones A P PRO VE D · 06637 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 14, 1988 7:00 P.M. 18. 19. 20. 21. 22. 23. 24. 006639