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HomeMy WebLinkAbout04/08/1993 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 8, 1993 7:00 P.M. COUNCILMEMBERS PRESENT: Mayor Ringer, Councilmembers Brown, Schneider, Mcllhaney, Kennady, Crouch, Gardner STAFF PRESENT: City Manager Ragland, City Attorney Locke, City Secretary Hooks, Assistant City Manager Brymer, Assistant City Manager Woody, Development Services Director Ash, Public Information Officer Calliham, Executive Director Fiscal/Human Resources Schroeder VISITOR8 PRESENT: See guest register Agenda Item No. 1 - PROCLAMATIONS -"Readinq is Fun Month" Suzy Velasco and Naomi Shannon accepted the proclamation signed by Mayor Ringer. Aqenda Item No. 2 - CERTIFICATES OF APPRECIATION Mayor Ringer presented Certificates of Appreciation to the following social services agencies: A. Brazos County Rape Crisis Center B. Lutheran Social Services C. Phoebe's Home D. Brazos Food Bank E. Literacy Volunteers of America - Brazos Valley F. Elder-Aid The following banks were recognized for their efforts in the 1993 Big Event: Commerce National Bank and Nations Bank. Aqenda Item No. 3 - CONSENT AGENDA. (3.1) Approval of minutes for the Workshop Meeting, March 24, 1993, Executive Session, March 25, 1993 and Regular Meeting, March 25, 1993. (3.2) Approval of a contract with RAM Communications Consultant to acquire a PBX telephone system and provide support for E-911 system improvements. (3.3) Bid #93-12 - Services for right-of-way clearing awarded to Iow bid meeting specifications, National Tree Expert Co. in the amount of $185,000 for a one year period. Funds available in FY 1992-93 Utility Fund. (3.4) Bid #93-30 - Approval of one sewerline pipeline television inspection system awarded to Iow bid meeting specifications, Underground, Inc. in the amount of $11,999. Funds available in FY 1992-93 Utility Fund. City Council Regular Meeting Thursday, April 8, 1993 Page 2 (3.5) Bid #93-36 - Approval of one industrial backhoe/loader awarded to Iow bid meeting specifications, Washington County Tractor in the amount of $32,350. Funds available in FY 1992-93 Electric Inventory. (3.6) Bid #93-38 - Street lighting materials for Holleman Drive at Wolf Pen Creek to be awarded to Iow bid meeting specifications, Power Supply in the amount of $12,960. Funds available in FY 1992-93 Electric Inventory. (3.7) Bid #93-39 - Approval of two cab/chassis trucks to be awarded to Iow bid meeting specifications, Knapp Chevrolet in the amount of $61,050. Funds available in FY 1992-93 Vehicle Replacement Fund. (3.8) Approval of Final Replat - Redmond Terrace (3.9) Preliminary Plat - Edelweiss Estates Phases II and III. (3.10) Approval of Preliminary Plat - Elm Crest Subdivision (3.11) Approval of request from A&M Methodist Church for $20,000 CDBG funds as matching funds for housing construction project. (3.12) Approval of public service agency funds for the funding of an apprenticeship program for At-Risk Youth. (3.13) Approval of HOPE III Homeownership Program dedication of 125 Southland. (3.14) Approval of request for temporary off-premise non-commercial sign to be located on the fence under the College Station water tower or the bridge/amphitheater in Wolf Pen Creek. Councilman Mcllhaney removed Consent Agenda Item No. 3.9. Councilman Kennady removed Consent Agenda Item No. 3.2. The remaining items were approved by common consent. Item No. 3.2 - Contract with RAM Communications Consultants to assist the City in acquisition of a new PBX telephone system. Councilman Kennady asked if this system is intended to link with a future system of the City of Bryan, etc. Mr. Woody replied that this equipment may be joined with other systems. Councilman Kennady made a motion to approve the contract with RAM Communication Consultants for a PBX telephone system and support for E-911 system improvements. The motion was seconded by Councilman Schneider which carried unanimously, 7-0. Item No. 3.9 - Preliminary Plat - Edelweiss Estates Phases II and III Councilman Mcllhaney asked a follow-up question to the discussion at the workshop meeting on this item. Ms. Kee replied that she spoke with Mr. McClure. She pointed out that sidewalks will be located on both sides of Victoria, also a sidewalk on one side of Nottingham and a sidewalk at the end of Aster and Brussels, except the cul-de-sac portion of these streets. City Council Regular Meeting Thursday, April 8, 1993 Page 3 Councilman Brown made a motion to approve the preliminary plat for Edelweiss Estates Phases II and III. The motion was seconded by Councilman Kennady. The motion carried by a vote of 6-1, Councilman Mcllhaney voted against. Agenda Item No. 4 - Appointment to Joint Relief Fundinq Committee Councilman Brown made a motion to appoint Bob Welch to the Joint Relief Funding Review Committee to replace Gail Schmidt who resigned. The motion was seconded by Councilman Kennady. Councilman Gardner commented Susan Causey was also a good candidate for this position. The motion carried by a vote of 6-1, Councilman Gardner voted against. Agenda Item No. 5 - Discu~ion and comideration of a co.ndilional uae permit for a nightclub to operate in We vacant Schulman Theater build,ng - N3_ plicant KSK Entertainment. Staff Planner Sabine Kuenzel mentioned that the Planning and Zoning Commission heard this case at their March meeting where the Commission denied the conditional use permit. She described the issues of concern of the Commissioners. The subject site is zoned C-1 General Commercial. She presented slides of the site and surrounding properties. City Attorney Locke explained the Council may impose conditions upon the conditional use permit if they wish. The conditional use permit is valid indefinitely unless stated otherwise. Mayor Ringer asked members of the audience to address the Council at this time. Sam Henderson, owner of KSK Entertainment, of 735 Eagle Pass in Bryan, approached the Council. He reiterated that his company has done everything possible to ensure the safety, health, and welfare of patrons, nearby residents, and neighboring businesses. He requested Council approval of the permit. Bill Thornton, attorney representing KSK Entertainment, addressed the Council. He assured the council that the applicants have attempted to satisfy the requirements of the staff relating to parking, sound level, screening, landscaping, and security. The applicants have also recognized the concerns by adjoining property owners. John Mays, 1215 Marstellar, engineer from Caldwell Design Services addressed the Council. He conducted the sound level test and prepared a written report for the council. The test performed at the nightclub peaked at 52 dB and not audible to the human ear. Several other tests were conducted with higher sound levels. The 52 dB peak occurred every five to ten seconds at one frequency, 63 hrtz. Mayor Ringer commented that the test he attended was conducted with the doors closed. Mr. Mays responded that the tests were not conducted with the doors open. Pat Siegert, 8701 Chippendale spoke in favor of the permit. He presented petitions to the Mayor with more than 600 signatures supporting the nightclub. He expressed several points for the council to consider. He showed a drawing illustrating the screening and landscaping. The screening consisted of an 8 foot fence, 50 ft. away from the trailer park. City Council Regular Meeting Thursday, April 8, 1993 Page 4 Councilman Mcllhaney asked Mr. Siegert a question relating to the Oaks Park resident who does not drive and walks to the nearby grocery store. Mr. Siegert replied that a gate will be built to allow access for the residents. Ms. Mcllhaney asked if it would be possible to require employee parking at the fenceline to discourage patrons from shining their car lights toward the mobile home park. Mr. Siegert replied the applicant intended to designate this area as employee parking. Additionally, the owners will provide valet parking and offer van service for those who may not be able to drive home. This will help ensure orderly management in the parking lot. He added that the distance to the club from the trailer park is 400 ft. Paul Clarke of Clarke and Wyndham Realty addressed the Council. He thanked those councilmembers who attended the sound test. Provisions have been made to pick up trash daily and create buffer zones such as an 8 ft. stockade privacy fence. He presented slides of the site. Altena Shelley of 709 San Marlo, representing Wonder World Childcare, addressed the Council with her concerns on the club's hours of operation coinciding with the hours of this day care facility. She expressed concern of the club's exposure to the children and the possible trash problem. Trey Neely, resident of the mobile home park spoke in opposition to the request. stated that an 8 ft. fence will not relieve the problems. Also, this location is not an appropriate place for a nightclub. He Allen Swoboda, 8605 Topaz, owner of the adjacent Oak Forest Mobile Home Park spoke to the Council on several issues of concern. One of the main problems with the previous nightclub was noise, and the owners of the nightclub were unsuccessful in satis~ing the park residents. He referred to the first test conducted by the owners of this proposed nightclub and the result was very loud at the park. He questioned if there is a guarantee that something would be done to the noise level if the noise disturbs the residents, even if the owners are legally within the conditions of the ordinance. Another objection is that the 8 ft. fence will not detract the noise. Councilman Kennady confirmed that the sound test was inaudible outside the building. Councilman Gardner spoke to the problems with the patrons who gather outside clubs. Mr. Swoboda verified his comments. Shanna Whitlow of 201 Krenek Tap #48 addressed the Council. She referred to an incident which occurred in her yard when the "Edge" nightclub was open. She stated that she was not opposed to this nightclub, but she was opposed to the repercussions that may occur. She also referred to many nights she could not sleep because of the vibrations in her home from the noise by the "Edge" nightclub. Secondly, she moved to the park because it is nice and no one is fenced in. She opposed the recommendation of an 8 ft. fence. Her trailer abuts the birm. Her front yard faces the parking lot of the theater. She expressed another concern regarding security measures, especially toward those patrons that may use the gate to enter into the mobile home park. John Mays once again addressed the Council to clarify the sound tests. Two tests were conducted on March 8th, prior to the April 6th test. One test conducted was clearly audible. Under those conditions, these tests were heard by the neighboring residents, the level inside the club was 117 dB. The second test was to adjust the system so that it simulated an actual operating nightclub, at 90 dB. He answered questions of the City Council Regular Meeting Thursday, April 8, 1993 Page 5 Council. Irene Livingston of 301 Krenek Tap #43 stated that she lives directly across from the Schulman Theater. The test was conducted from her home. She stated that she does not drive and would not have access to Winn Dixie unless a gate was attached to the fence. LaMerle Benton of 301 Krenek Tap #82 informed the council that there are several widow women who live in the park and her concern is the fact that there are young men, residents of the park, who will walk back and forth to the nightclub. Laverda Bradley of 201 Krenek Tap #1 came forward to state her opposition to the nightclub in this area. Billy Howard, also a resident of the park, informed the Council that the reason he moved to the Park is because it is clean. He opposed the nightclub because the City of College Station does not need a nightclub in a residential area. Tracy Smith, 201 Krenek Tap #46 addressed the Council. She pointed out that there will be 18-20 year old individuals not allowed to drink inside the club, but what will stop them from drinking in the parking lot. Paul Clarke indicated that the owners would be glad to lower the height of the fence if it is objectionable, and with or without gates. Pat Siegert pointed out that Clicks Billiards is closer to a residential area than this proposed club is. Shanna Whitlow stated that she frequented Clicks because there are activities to do at this bar other than drink and dance. It is also quieter. Councilman Brown asked Mr. Henderson if it is possible to have a successful business if the music is not as loud. Mr. Henderson replied that the music is not as effective without the bass beats. Councilman Kennady made a motion to approve the conditional use permit with the following conditions: 1) -Continuation of the screening fence with a gate along the rear of the property, included on the gate a heavy duty combination lock 2) -Curbing along the perimeter of the parking lot 3) -Repair of the parking lot and curbing as well as compliance with the landscaping plan 4) -Landscaping plan to include shrubbery 5) -Buffer zone ( a fence) 50 ft. from the trailer park in accordance with the plans prepared by the applicant 6) -Parking lot monitoring specifically, a daily cleanup after operating hours 7) -Security guard on duty for the operating houre 8) -Annual review of the conditional use permit 9) -Direct staff to develop arrangements for shrubbery and/or a stockade fence or other screening buffers as necessary to resolve the concerns of the child care center. The motion was seconded by Councilman Brown. City Council Regular Meeting Thursday, April 8, 1993 Page 6 Councilman Crouch explained that the above motion may place an unfair burden on the property owners. Councilman Crouch made an amended motion to delete three of the conditions in the original motion listed below: 1) - Annual review of permit 2) - 50 ft. buffer zone 3) - fence located along the property of the child care. No second was made. Councilman Gardner commented about the lighting at the nightclub and questioned if the lighting might disturb the neighbors. Councilman Schneider stated that he attended the Planning and Zoning Commission to hear this item. He supported the Commissioner's vote and opposed the motion by Councilman Kennady. Mr. Schneider further commented that it is difficult to understand why the City should go to the extreme to place all these conditions on the property in order to remedy something that should not happen in the first place. Councilman Mcllhaney stated that she did not hear any sound outside the building. She did not approve of a nightclub in the residential area; however, she was satisfied with the conditions specified in the motion and hoped that the business will do their best to work with the neighbors to provide security for them. Mayor Ringer began restating the conditions imposed by the motion. He suggested that the condition for a stockade fence at the property line of the child care center be replaced by the condition that the owners install and maintain suitable vegetated screening. Mr. Thornton remarked that the applicants do not own this property. Councilman Kennady added to his motion as suggested by Mayor Ringer. Councilman Gardner stated that he does not feel these conditions are necessary, the nightclub should not be located at this site. Councilman Schneider expressed his opposition to the nightclub in this residential neighborhood. Mayor Ringer restated the motion. The motion to approve the conditional use permit with the nine conditions discussed above passed by a vote of 5-2, Councilman Gardner and Councilman Schneider voted against the motion. .N3enda Item No. 6 - Public hearing and cor~ider_~J_nn of an ordinance r_~_nnina 1 a_ -.c~..fro. m .A-O Agricultural Open to R-1 Sinale Family. 12.06 ~ to A:I5 ..... _A~I. m~nlst, r_ative Professional, 13~;~_ a_m'_ es to C-1 G_~. emi Comme~, 15.70 _-__~. ~ to C-~ .mannea ~Jommerciai, 4.31 acres to C-2 CommemJ.=~ Ind,_,_~Mai, and 24.71 -~es to R--~ · ~=koa~uiiehi~ Medium Density (Edelwe_!_~_~ E~____~__ and Roc.-k Prairie E_~___~ee__ Senior Planner Jane Kee explained that the master plan of Edelweiss Estates and Rock City Council Regular Meeting Page 7 Thursday, April 8, 1993 Prairie Estates were approved June, 1992. The zonings are necessary to continue the implementation of the master plan. Staff and Planning and Zoning Commission recommended approval. Mayor Ringer opened the public hearing. Steve Arden spoke in favor of the requested rezoning. Mayor Ringer closed the public hearing. Councilman Schneider made a motion to approve Ordinance No. 2006. The motion was seconded by Councilman Crouch which carried unanimously, 5-1, Councilman Gardner voted against with Councilman Brown absent. Ac~enda Item No. 7 - Public hearing and consideration on proposed Amendment 3 to the 1992-93 Annual Budget. Budget Director Charles Cryan explained to the Council that the budget amendment is for allocation of funds to the General Fund in the amount of $240,000. The funds were originally appropriated last year for the Carters Grove project. It was delayed in order to replace the water and sewer lines before the street construction. The project will soon be considered by the council at a future meeting. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Councilman Crouch made a motion to approve Ordinance No. 2007. The motion was seconded by Councilman Mcllhaney which carried unanimously, 7-0. Ag_enda Item No. 8 - Hear V'~sitors. John Walter, a resident of the Raintree subdivision thanked the Council for their time and effort in the discussion of the Walmart rezoning and land use issues. He urged the council to continue their discussions of the land use plan. Mayor Ringer stated that it is the intent of the council to review the land use plan in its entirety. Councilman Crouch thanked Mr. Walter regarding his letter to the Eagle. Ac]enda Item No. 9 - Executive session to discuss pendinl3 I~_n~Jon - T~_.~_~ry_ Sullen. - ........ The council moved to closed session in the training room at 9:25 p.m. Aqenda Item No. 10 - Action on dosed se~__!on The council reconvened into open session at 9:35 p.m. No action was taken. City Council Regular Meeting Thursday, April 8, 1993 Page 8 Aqenda Item No. 11 - Ad~_~oum. Mayor Ringer adjourned the meeting at 9:25 p.m. APPROVED: A'I-I'EST: City Secretary Connie Hooks GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY APRIL 8~ 1993 7:00 P.M.