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HomeMy WebLinkAbout08/11/1988 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 11, 1988 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Brown, McIlhaney, Birdwell, Gardner, Schneider COUNCIL MEMBERS ABSENT: Councilman Haddox STAFF PRESENT: City Manager RaGland, City Secretary Jones, City Attorney Locke, PlanninG Director Callaway, Lt. Mike Patterson, City Engineer Pullen, Council Coordina- tor Hooks VISITORS PRESENT: See Guest register AGenda Item No. 1 - Approval of the minutes of the City Council Workshop Meeting, July 27, 1988 and the City Council Regular Meeting, July 28, 1988. Councilman Gardner corrected a typographical error on page 1 of the Regular Meeting minutes, sixth line, work should be word. He also changed the workshop meetinG minutes, second page, first paragraph to read, "...funds allocated for street construction could possibly be used in other areas that technically qualify." He also changed the word, "areas" to say "projects." Councilman Birdwell moved to approve the minutes as corrected. Councilman Schneider seconded the motion which carried unanimous- ly, 6-0. AGenda Item No. 2 - A public hearing to consider a Final Plat of Pelican's Point Cove. (88-206). Director of Planning Callaway explained this item. He stated that the plat is a resubdivision plat covering a total area of 11.76 acres, includes 10.54 acre reserve tract in the Nantucket Phase One subdivision and an unplatted portion of a 595.83 acre tract. All areas are within the ETJ. Councilman Birdwell asked if all requirements have been met. Mr. Callaway replied that this plat has been processed in accordance with the ordinance. CITY COUNCIL REGULAR MEETING ?HURSDAY, AUGUST 11, 1988 Page 2 Mayor Ringer opened the public hearing. Mr. Larry Wells, representing the owner Jim Burrow came forward to answer any questions from the Council. Mayor Ringer closed the public hearing. Agenda Item No. 3 - Consideration of the final plat. (88-206). Councilman Birdwell moved approval of the final plat of Pelican's Point Cove. Councilman Gardner seconded the motion which carried unanimously, 6-0. Agenda Item No. 4 - A public hearing on the question of rezoning a 26.41 acre tract located along the west side of Rio Grande Blvd. and the north side of Rock Prairie Rd. from A-O to R-1 and R-4 W.D. Fitch applicant. (88-106). Mr. Callaway described the request, location and physical features of the tract and area zoning. He identified existing land uses as developed single family residential to the east and north; South- wood Athletic Complex to the south, and to the west Episcopal Church and Westchester Park subdivision. He pointed out that R-4 zoning would provide for and allow apartments, townhomes, and con- valescent homes at a maximum density of 16 units per acre. He explained that there is an established single family residential area to the east across Rio Grande, and the uses allowed in an R-4 district could create a potential for neighborhood opposition. He stated that no one spoke in opposition to the Planning and Zoning Commission. Staff believes that the principal issue to be addres- sed in this request is the appropriateness of density and range of uses provided for in the R-4 portion of this request. The Plan- ning and Zoning Commission recommended approval of this request unanimously. Councilman Birdwell asked about the access to the R-4 tract. Mr. Callaway explained that the applicant was asked a similar question at the P&Z meeting; Mr. Fitch commented that only one entrance is planned. Councilman McIlhaney asked if R-4 is the only zone which would allow a retirement community. Mr. Callaway replied affirma- tively, as a permitted use. Mayor Ringer opened the public hearing. Mr. W.D. Fitch, owner and applicant came forward and explained the proposed uses for the tract. He stated that the apartments will CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 11, 1988 Page 3 be developed for occupancy by retired persons or elderly. He noted that deed restrictions have been prepared which will limit the convalescent home to one-story buildings. At the present time the residential property adjacent to the tract is not occupied by homes. Mr. Fitch also noted that the potential buyers hope they can limit access to one driveway entrance from Rock Prairie Road. Mayor Ringer closed the public hearing. Agenda Item No. 5 - Consideration of an ordinance rezoning a 26.41 acre tract from A-O Agricultural Open to R-1 Single Family and R-4 Apartments-Low Density. Councilman Schneider moved to approve Ordinance No. 1768 rezoning the above tract. Councilman Brown seconded the motion. Councilman Gardner commented that this is a good location for this facility. He expressed concern that separate units would be of a unified design. Mr. Fitch replied that he has not seen the de- sign, yet the state law requires that a facility such as this must be surrounded by a two-way access road for emergency vehicles. After brief discussion, Council approved the rezoning by a unan- imous vote of 6-0. Agenda Item No. 6 - Consideration of request for license to keep poultry (two hens) at 1208 Westover Street. (Applicant: Scott Francis Cronauer). City Secretary Jones explained this item. She stated that Mr. Cronauer has applied for a license to keep poultry at his resi- dence at 1208 Westover Street. Subsequently, the application has been forwarded to the Health Department and they have reported no difficulty with the application. She also stated that letters were mailed notifying adjacent property owners and no responses were received. Mr. Cronauer was not present at the meeting. He asked Ms. Jones to let the Council know that he would like to keep three hens instead of two. Councilman Birdwell asked if the license limits the number of hens. Ms. Jones replied that the applicant should comply with the number stated on the application. Also, the license is valid for one year, and renewable at that time. "0,6824 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 11, 1988 Page 4 Councilman Birdwell moved approval of the license to keep poultry at 1208 Westover Street, applicant Scott Cronauer. Councilman McIlhaney seconded the motion which carried unanimously, 6-0. Agenda Item No. 7 - Consideration of a resolution authorizin~ the Mayor to execute a license a~reement between the City and applicants, Daniel Fesenmaier and Julie Fesenmaier pertainin~ to the encroachment of a structure locate at Lot 8, Block 11, Southwood Section 24 (1408 Angelina Circle) into the easement. City Engineer Pullen presented this item. He stated that the structure was enlarged without a permit several years ago, and as a result, no inspection was made. In order to sell the property, the applicants are requesting a license to encroach 8 1/2 sq. ft. upon a utility easement. Staff recommended approval. Councilman Brown moved approval of Resolution No. 08-11-88-07 authorizing the Mayor to execute a license agreement between the City and Daniel and Julie Fesenmaier. Councilman Birdwell seconded the motion which carried unanimously, 6-0. A~enda Item No. 8 - Consideration of an ordinance vacatin~ and abandonin~ a portion of an easement of Lot 15, Block 8 of Southwood Section Seven (1008 Madera Circle). City Engineer Pullen described this item. He stated that this item was brought before the City Council in the form of a license to encroach upon a utility easement. The applicants are request- ing an abandonment of the easement to give them clear title to their property. Located in the easement is a 10" sanitary sewer line. The staff recommended approval. Councilman Brown moved approval of Ordinance No. 1769 abandoning a portion of an easement of Lot 15, Block 8, Southwood Section Seven (1008 Madera Circle). Councilman Schneider seconded the motion. Councilman Birdwell suggested that staff look at the fee schedule for the license to encroach and abandonments. He feels the fee should be the same since the staff's time is approximately the same for both procedures. Mayor Ringer asked staff to look at Mr. Birdwell's recommendation and report back to Council. The motion to approve Ordinance No. 1769 carried unanimously, 6-0. 06825 ~ITY COUNCIL REGULAR MEETING ~HURSDAY, AUGUST 11, 1988 Page 5 Agenda Item No. 9 - Consideration of an ordinance abandoning the blanket easements recorded in the Deed Records of Brazos County, and retaining platted easements on the replat of Lot A1 and Lot A2 of the re-subdivision of Lot A of the D.A. Smith Subdivision. City Attorney Locke presented this item. She stated that the property was recently replatted and sold to Taco Cabana. At the time of the closing it was discovered that two blanket easements were given to the City of Bryan and transferred to the City of College Station. The blanket easements are not needed by the City of College Station. Staff recommended approval. Councilman Birdwell moved approval of Ordinance No. 1770 abandon- ing the blanket easements on the replat of Lot A1 and Lot A2 of the re-subdivision of Lot A of the D.A. Smith Subdivision. Councilman McIlhaney seconded the motion which carried unanimous- ly, 6-0. Agenda Item No. 10 - Consideration of a resolution in support of the proposed Central Texas Expressway. Mayor Ringer stated that he and City Engineer Pullen attended a meeting in which a presentation was given to representatives of the area as well as other areas along the route. Mr. Pullen described the transportation route between Houston and Waco through College Station as the proposed Central Texas Expressway. In order to accomplish this project, a feasibility study will be conducted. The Chamber of Commerce has asked the Council to sup- port their effort by resolution in requesting funding from the State Highway Commission for the feasibility study. Councilman Birdwell moved approval of Resolution No. 8-11-88-10 with elimination of the word highly on the second page, first sentence. Councilman Schneider seconded the motion which carried unanimously, 6-0. Agenda Item No. 11 - Consideration of a resolution authorizin~ the City Manaqer to enter into an agreement with North Harris County College for the service of the intoxilyzer. Police Lt. Patterson presented this item. He stated that the resolution will renew the existing maintenance contract, but at an increase of $500.00. He stated that the persons who operate the intoxilyers are certified by the State. Councilman Birdwell asked who maintains the intoxilyzer at the County. Lt. Patterson 6826 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 11, 1988 Page 6 replied that the State maintains the County intoxilyzer and it does not charge a fee. North Harris County is the only service available to College Station. He pointed out that the CSPD util- izes its own intoxilyzer because doing so saves the police staff time per arrest. Councilman Birdwell moved approval of Resolution No. 08-11-88-11 to enter into a service maintenance contract with North Harris County for the College Station intoxilyzer. Councilman Brown seconded the motion which carried unanimously, 6-0. Councilman Birdwell encouraged the staff to find other competitive sources before next year's renewal. Agenda Item No. 12 - Consideration of an ordinance amending Chapter 10, Section 3.E (2)(n) of the Code relating to speed limits. Mr. Pullen stated that the ordinance proposes that the speed limit on Rock Prairie Road be lowered to 30 mph. The staff recommended approval of lowering the speed. This proposed ordinance also amends the speed limits at Welsh Ave. and Wellborn Rd. to 40 mph. Councilman McIlhaney asked if the problem of overweight trucks could be addressed. City Attorney Locke indicated that the De- partment of Public Safety regulates this concern. Councilman Brown moved approval of Ordinance No. 1771 amending Chapter 10, Section 3.E of the Code and adopting the new speed limits as recommended. Councilman Birdwell seconded the motion which carried unanimously, 6-0. Agenda Item No. 13 - Consideration of an ordinance amending Chapter 10, Section 2.C, 2.D and 2.E of the Code relating to stop signs. Mr. Pullen stated that this item proposes to install a four-way stop sign on Church Street at College Main and Nagle Street and to adopt two-way stop signs at Longmire Drive on the 2818 frontage road at the new post office. Staff recommended approval. Coun- cilman Birdwell asked how many signs would be posted at the South- wood Post Office. Mr. Pullen replied four. He pointed out that the Manual of Uniform Traffic Control Devices does not require stop signs at the Post Office. Councilman Schneider moved approval of Ordinance No. 1772 amending Chapter 10, Section 2.C, 2.D and 2.E of the Code relating to stop 9 827 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 11, 1988 Page 7 signs. Councilman McIlhaney seconded the motion which carried by a vote of 5-1, Councilman Birdwell voted against. Agenda Item No. 14 - Hear Visitors. Mr. Rodney Rinehart of Rt. 2 Box 398, C.S. came forward to address the Council. He presented the Council with a proposal to adopt an ordinance banning the movie, "The Last Temptation of Jesus Christ.". The Council members received a copy of a petition re- ceived by the City Secretary. CoDies of an information packet were also presented to each member. Councilman Birdwell commented that he is concerned by the grounds- well of activity against this movie which has initiated much publicity. City Attorney Locke stated that the first amendment would prohibit the City from passing an ordinance banning this movie. Mr. Rinehart responded that two cities in the nation have passed or- dinances banning the movie - Winterhaven, Florida and Birmingham, Alabama. Mrs. Cara Rinehart, Rt. 2 Box 398, C.S. spoke in support of Mr. Rinehart's statements. Mr. Ricardo Davis, 4302 College Main, Apt. ~373, Bryan, commented that a survey was taken by Fox Theatres and negative responses were received against the movie. Rev. Joel Hein, Rt. 4 Box 2 Cheyenne Dr., C.S., spoke to the Council and asked that they ban the movie from being seen in the city. Mr. Andrew Dick, 3902 Old College Main, Apt. 216, C.S. addressed the Council. He stated that he agrees with the persons who have spoken on this issue and that the movie should be protested; how- ever, he believes that the Council should not be allowed to govern the morality decisions of the people of the community. Banning the movie would set a precedent for future action. Ms. Elaine M. Alessi, 4201D Boyett, Bryan, spoke to the Council and concurred with Mr. Rinehart's comments. Ms. Carolyn Meir, 3306 Lodgepole, C.S. came forward to ask if the Council has authority to close down the Adult Video Bookstore and the banning of this movie. 6828 ; ".ITY COUNCIL REGULAR MEETING FHURSDAY, AUGUST 11, 1988 Page 8 City Attorney Locke pointed out that the Adult Video store closed voluntarily but never ceased operations. The cases brought against the owner were initiated by the County Attorney's office. She referred to the issue at hand as a moral issue rather than an obscenity issue. Ms. Locke stated that in her opinion, the first amendment would not allow the City to regulate this film or any film with negative content. Councilman Brown asked if the City Attorney would check with the two cities which passed ordinances. Ms. Locke replied that she would call the two cities. Resolutions have been passed by Councils who have objected to the movie; a resolution is not le- gally binding. Councilman Brown remarked that he is in favor of reviewing a resolution. Ms. Martina Siebert, 402 Nagle Apt. 306, C.S. spoke against Mr. Rinehart's comments in banning this movie. She believed that each individual is capable of making their own decisions. Ms. Virginia Hermann, 18 Sara Lane, C.S. spoke to the Council. She requested that the Council let their feelings be known toward this movie to all citizens of Bryan and College Station. Ms. Toni Castenon, 306 Live Oak, C.S. came forward. She referred to the ordinance pertaining to vendors and solicitors within the city limits. She asked if a comparable ordinance could regulate other activites. After additional comments by Mr. Rinehart, Mayor Ringer indicated to the audience that Council cannot take action on any items not on the agenda for that particular meeting. Agenda Item No. 15 - Closed session to discuss legal report [6252-17(2)(r)], land acquisition [6252-17(2)(f)], and personnel [6252-17(2) (g) ]. The council convened into closed session at 8:15 p.m. Agenda Item No. 16 - Action on closed session. No action was taken on closed session items. 6829 CITY COUNCIL REGULAR MEETING ~HURSDAY, AUGUST 11, 1988 Page 9 Agenda Item No. 17 - Adjourn. Mayor Ringer adjourned the meeting. ATTEST: APPROVE D: City Se~ry Dian Jones '"'6830 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 11, 1988 ~"f~i~EGI ~TER ® 21. 22. 23. 24. 25. 006844