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.
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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.
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THURSDAY, JANUARY 14, 1988
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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
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CITY COUNCIL REGULAR MEETING
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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.
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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.
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CITY COUNCIL REGULAR MEETING
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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.
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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
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