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HomeMy WebLinkAbout06/14/1990 - Regular Minutes City Council ~INUTES CITY COUNCIL RE~ULARMEETING TRURSD~¥~ JUNE ~4~ L990 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Birdwell, Crouch, Schneider COUNCIL MEMEERS ABSENT: Councilmen McIlhaney, Brown, Gardner STAFF PRESENT: Assistant City Manager Woody, Executive Director Fiscal/Human Resources Harrison, City Engineer Pullen, Development Services Director Ash, City Secretary Hooks, City Attorney Locke VISITORS PRESENT: See guest register Mayor Ringer announced that Agenda Items No. 3 and No. 4 were removed from the agenda at the request of the applicant. Aqenda Item No. I - CONSENT AGENDA. (1.1) Approval of the minutes of the Council's workshop meeting, May 23, 1990, and the regular meeting, May 24, 1990. (1.2) Approval of Operation Bootstrap. (1.3) Approval of award of contract for the construction of improvements to Francis/Dominik Streets, CIP Project ST-1009. (staff recommends iow bidder, Palasota Co. in the amount of $292,286.06). Corrections to the minutes were submitted to the council prior to the meeting. The above items were approved by common consent with the corrections to the minutes. Aqenda Item No. 2 - Consideration of a request to designate 108 Colleqe Main as a location to sell beer and wine. Applicant is Jeffrey Runge. (Previous discussion held at April 12, 1990 meeting). Councilman Birdwell moved approval of the variance request. Mayor Ringer seconded the motion. Councilman Schneider asked staff to recap the council's action since the variance request was submitted. City Attorney Locke replied that Mr. Runge presented a variance request to the Council because the alcoholic beverage ordinance 007876 City Council Regular Meeting Thursday, June 14, 1990 Page 2 states a business that wishes to sell beer and wine must be 300 feet or more from a church, school, or hospital. At that time, the staff recognized that Mr. Runge should present his request before the Project Review Committee because his restaurant is located in the Northgate zone. Additionally, the council expressed concern about the change of business to a nightclub. The zoning ordinance amendment addressed this concern by stating that a conditional use permit must be approved by the Planning and Zoning Commission if the business is a nightclub or tavern. However, Mr. Runge's request is to sell beer and wine at his restaurant and therefore, he does not have to comply with the new zoning ordinance amendment. But if the business changes to a nightclub or tavern, then the Planning and Zoning Commission and the city Council will review the case. Discussion was held relating to the percentage of revenues related to the sale of alcoholic beverages. Councilman Birdwell noted that the ordinance revision before the Council to set a percentage limit at 75% failed. He added that the State regulates this limit. The motion carried by a vote of 3-1. FOR: Mayor Ringer, Councilman Schneider, Councilman Birdwell AGAINST: Councilman Crouch Agenda Item No. 5 - A public hearing to consider a re-subdivision plat of Lot 2 Block $ of the Colleqe Park Addition Subdivision. Mayor Ringer opened the public hearing. Mr. Tom Garrett of Garrett Engineering spoke in favor of the resubdivision plat. He presented a diagram of the property to each councilmember. The diagram illustrated two situations: 1) the lots facing Welsh Street; and, 2) the lots facing Guernsey Street. He explained the difficulty involved to face the lots toward Guernsey. He added that the city ordinance does not allow right angle lots. Councilman Birdwell asked Mr. Garrett if he had a problem with access to the lot on the corner from Guernsey Street rather than Welsh Street. Mr. Garrett replied that he did not have a problem. The applicant, Ms. Betty Potter Fry spoke to the Council asking their approval of the lots as submitted. Mr. Edward Miller, 504 Guernsey, spoke in opposition of the request. He expressed concern of the applicant's plans to sell the lots or build homes on the lots. 00787} city Council Regular Meeting Thursday, June 14, 1990 Page 3 Mayor Ringer closed the public hearing. Agenda It~ No. 6 - Consideration of the above re-subdivision plat. Councilman Birdwell moved approval of the re-subdivision plat of Lot 2 Block 6 of the College Park Addition Subdivision with the condition that driveway access for Lot 2R is from Guernsey rather than Welsh Street. The motion was seconded by Councilman Schneider. Councilman Birdwell stated that he understands Mr. Miller's concerns about the neighborhood deteriorating primarily because the area is predominantly rental property. He emphasized that the City is working harder to enforce code regulations. He also stated that on the other hand, it is unfair to deny a property owner the option to re-subdivide their property when the lots are too large. Councilman Crouch concurred with the applicant's request. The motion carried unanimously, 4-0. Agenda Item No. ? - Hear Visitors. No one spoke. Agenda Item No. 8 - Closed session to reoeive staff reDort [6252-17(2)(r)], discuss land acquisition [6252-17¢2)¢f)], and personnel [6252-17¢2}(a)]. (8.1) Staff Report A. Legal Report (8.2) Land Acquisition (8.3) Personnel A. Discussion of Committee Appointments The council moved into closed session at 7:25 p.m. Aqenda Item No. 9 - Action on closed session. The council moved back into open session at 8:23 p.m. Councilman Birdwell moved to reappoint the following members to the Planning and Zoning Commission: Lynn Colson, 5/92, Nancy Sawtelle, Chairman, 5/92, and Steve Esmond, 5/92. In addition the appointment of Craig Hall, 5/92. The motion was seconded by Councilman Crouch which carried unanimously, 4-0. 007878 city Council Regular Meeting Thursday, June 14, 1990 Aqenda Item No. 10 - Adjourn. Mayor Ringer adjourned the meeting at 8:24 p.m. Page 4 ATTEST: Connie Hooks, City Secretary APPROVED: Larry~~~~~' 007879 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY JUNE 14, 1990 7:00 P.M. 1:1.. 13 14 15 o 16 17 19 10. 20 007880