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.
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