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HomeMy WebLinkAbout11/12/1986 - Workshop Minutes City Council MINUTES CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 12, 1986 5:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: VISITORS PRESENT: Mayor Ringer, Councilmen Haddox, Brown, Jones, Tongco Councilman Bond and Councilman Boughton City Manager Cole, City Attorney Locke, Director of Capital Improvements Ash, City Secretary Jones, Assistant Director of Planning Callaway, Zoning Official Kee, Utilities Office Manager Piwonka, Building Official Perry, Council Coordinator Hooks See guest register. Agenda Item No. 1 - Signing of a proclamation designating the week of November 17-23, 1986 as "Brazos Arts Week". Mayor Ringer signed a proclamation designating the week of November 17-23, 1986 as "Brazos Arts Week". Kass Prince repre- senting the Brazos Valley Arts Council was present to accept the proclamation. Agenda Item No. 2 - Signing of a proclamation designating November 18, 1986 as "Mayor's D-Day in the War on Drugs". Mayor Ringer signed the proclamation designating November 18, 1986 as "Mayor's D-Day in the War on Drugs". He stated that the U.S. Conference of Mayors has called upon all mayors to join to- gether in making citizens aware of the threat posed by illegal drugs. Agenda Item No. 3 -.Signing of a proclamation designating the week of November 14-23, 1986 as "Texas Special Olympics Days". Mayor Ringer signed the proclamation designating November 14-23, 1986 as "Texas Special Olympics Days". Mrs. Anne McGowan, Area 6 coordinator for the Special Olympics was present to accept the proclamation. q05937 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 12, 1986 PAGE 2 Agenda Item No. 4 - Council Concerns. Councilman Jones noted that a resident from the Foxfire Home- owners Association called her to acknowledge that the homeowners are discussing the possibility of annexation. Mayor Ringer extended his appreciation to the staff for their support of the Youth Government Day. Councilman Haddox added that the staff members and councilmembers from each of the two cities were impressed with the students from A&M Consolidated and Bryan schools. Agenda Item No. 5 - City Manager Concerns. City Manager Cole explained that the Sandstone Psychiatric Hospi- tal has asked the Council to hold a special council meeting on either November 21, 1986 or November 24, 1986. ~e explained that this facility will be financed through Industrial Develop- ment Bonds and it is necessary for Sandstone to have the bonds approved before year-end. The council concurred to hold a special meeting, November 21, 1986 at 1:30 p.m. Agenda Item No. 6 - Consideration of a resolution relating to the Brazos Beautiful program initiating the planting of crepe myrtles. Councilman Brown moved approval of Resolution No. 11-12-86-06 en- couraging the citizens to plant crepe myrtles in the community. Councilman Jones seconded the motion which was approved unan- imously, 5-0. Agenda Item No. 7 - Discussion of sign regulations that relate to off-street shopping areas. Zoning Official Jane Kee presented this item. She stated that the Zoning Board of Adjustment met on November 4 to consider a variance request from The Stitchery located in the Creekside Shopping Center. The request is to allow a vertical perpen- dicular sign to be attached to the occupants' building, and the proposal is directly in violation of the sign ordinance. Mrs. Kee further stated that the Zoning Board of Adjustment agreed not to take action, but to seek council direction. n05938 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 12, 1986 PAGE 3 Councilman Brown asked if this is the only unique piece of prop- erty of its kind in the City. Mrs. Kee replied that the shopping center has a severe slope. She further stated that she did not interpret the "exempt section" of the ordinance to include this type of sign request. Mrs. Kee stated that the members had mixed feelings about the in- terpretation of an "exempt sign" and are askinq council direction for clarification of this section of the ordinance. Councilman Haddox asked for clarification of the section "exempt signs". City Attorney Cathy Locke replied that "exempt signs" are di- rected toward menu boards and directional signs. Councilman Haddox commented that he feels a perpendicular sign placed on a building, especially in this situation, would not be an unsightly sign. City Manager Cole pointed out the Zoning Board of Adjustment has a significant amount of authority. He stated that the ZBA is asking council direction as to what degree they should exercise their judgment and flexibility. Councilman Tongco arrived at the meeting. Councilman Haddox asked if the other tenants were contacted. Ms. Cain of the Stitcher¥ replied that the other tenants and owners are aware of the request. Mr. Jim McGuirk, a member of the Zoning Board of Adjustment, ex- pressed his concern that if the variance request were granted, other store owners in off-street shopping centers would also ask for similar variances; and, the members feel that if this were the case, then the ZBA would be establishing a policy for off- street shopping centers and doing so is not their duty. He stated that amending the ordinance could also provide specific guidelines for sign regulations on off-street shopping centers. Councilman Brown stated his concern that because of the unique design of this shopping center, the exposure to these stores is very poor. Mr. McGuirk stated his opinion that qranting the variance would set a precedent for all off-street shopping centers. Councilman Haddox mentioned there are owners of shopping centers who regulate their own sign regulations for their business com- plex. Mr. McGuirk noted that other off-street shopping centers are unique also, such as Creekside, 404 Shopping Center, Shiloh and 707 Shopping Center. 905939 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 12, 1986 PAGE 4 Councilman Haddox commented that he felt a variance should be granted. Councilman Tongco asked if the Creekside Center has their own sign regulations. Mr. McGuirk replied that the sign regulations of Creekside correspond to the city's Zoning Ordinance. Council- man Tongco noted that the lessor would consider the sign regula- tions before leasing a building. Mayor Ringer stated that he feels the Council is asking that the ZBA use their better judgment, and that in this particular case, granting the variance would be appropriate. Councilman Jones suggested that this should be the Council's incentive to meet with the ZBA to discuss the board's policies and regulations. Councilman Haddox asked if the Council's opinions given at this meeting would help the ZBA to make a decision. .~r. McGuirk stated that there are special conditions which exist in the or- dinance, but the problem is determining whether special condi- tions or hardships exist in this situation. Mayor Ringer pointed out that the Zoning Board of Adjustment is the only body which has the authority to consider special con- ditions when granting variations from the zoning requirements. Councilman Haddox commented that a non-visible siqn attached to a building should be considered a special condition. Mr. McGuirk stated that the "exempt sign" section includes signs not visible from the street and this owner has a sign viewable from the street. Mayor Ringer pointed out that the sign does not have to be classified as an "exempt sign" in order for the variance to be granted. .~e stated that the only terms to consider are that there may be unique circumstances which present a hardship when requiring strict adherence to the zoning ordinance; therefore, a variance could be granted. Councilman Brown and Councilman Haddox agreed that the patron's sign is not readable from the major thoroughfare, University Drive. City Manager Cole again reiterated that the Zoning Board of Ad- justment has the authority to grant a variance if a situation meets special conditions or a hardship exists, even though it may be in violation of the ordinance. Mr. McGuirk stated that each board member is having difficulty determining what meets special conditions. Mr. Allen Swoboda, a member of the Zoning Board of Adjustment, stated his belief that the members feel they do not want to violate the rules stated in the ordinance, and they may be stepping over their bounds in deciding the outcome of this type of situation; this is why they have asked for Council direc- tion. Mayor Ringer replied that the purpose of the ZBA is de- ciding how to handle this type of special situation. 905940 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 12, 1986 PAGE 5 Mr. Swoboda mentioned that the members are eager to meet with the Council regarding the ZBA's position and the authority they have. Mayor Ringer suggested scheduling a workshop meeting between the Council and ZBA in the near future. Agenda Item No. 8 - Discussion of leasing city property .located at Lot 17, Block 1, Boyett Addition for available parking spaces in the Northgate area. City Manager Cole noted that the City Council had previously de- cided to lease the city property on a short-term basis and di- rected staff to prepare a bid proposal. City Attorney Cathy Locke prepared a notice to bidders describing the basic require- ments of leasing the property. Councilman Haddox asked for clar- ification of the insurance section. Ms. Locke clarified that the bodily injury should read $100,000/300,000 and property should read $300,000. Richard Benning suggested that signs be posted in the parking lot allowing for 2-hour parking and also providing free parking. Mayor Ringer pointed out to ~r. Benning that the Council had pre- viously decided to lease the property to interested persons who would provide improvements for the parking lot. Councilman Tongco asked Mr. Benning if he is suggesting that the Council place limitations on parking time and an allotment for church parking. Mr. Benning stated that he would like to see the city own the property and allow free parking. He added that he was not aware that the City had decided to lease the property and submit proposals for bids. Councilman Tongco pointed out that the lot is not very large and there would be considerable costs in paving the lot, etc. Mr. George Boyett expressed his support for the city's leasing the property. Councilman Haddox moved approval for the city staff to advertise bids to lease the city property located at Lot 17, Block 1, Boyett Addition. Councilman Brown seconded the motion which was approved unanimously, 5-0. Mr. Boyett also stated that he is not sure if parking is pro- hibited overnight. Mayor Ringer asked staff to contact the police department to determine: (1) the length of parking time 005941 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 12, 1986 PAGE 6 on streets in the Northgate area, particularly near the churches; (2) if there is a period during the night when parking is prohib- ited; and, (3) how strictly the police department enforces the time limit on parking. Agenda Item No. 9 - Discussion of amending Chapter 3, Section 3 of the Code of Ordinances to adopt the Standard Plumbing Code, Gas Code, and Mechanical Code. Building Official Coy Perry stated that the staff would like to adopt the Plumbing Code, Gas Code, and Mechanical Code per the 1985 Edition. This edition will update the TML Code which is now obsolete. He noted that the Plumbing Appeals and Advisory Board and the Building Department recommend approval. Mayor Ringer pointed out that proposed Amendment A105.4.2. states that the members of the Board shall be appointed by the City Manager and confirmed by the City Council. City Manager Cole stated that he has reservations about the city staff being involved in naming members of the city council's ad- visory boards. He noted that the staff can assist in giving di- rection to the council in seeking qualified people to reside on these boards. Mayor Ringer concurred and stated that the amend- ment should read that the members of the Board and their succes- sors shall be appointed by the Mayor and the City Council and the terms of office shall be determined by the City Council in making said appointments. The council concurred. A~enda Item No. 10 - Closed session to discuss pending litigation [6252-17(2)(e)] and personnel [6252-17(2)(g)]. A. Pending Litigation [6252-17(2)(e)]. 1. Gulf States Utilities Rate Case. B. Personnel [6252-17(2)(g)]. 1. Discussion of Administrative Personnel. The council moved to closed session. Aqenda Item No. 11 - Direction to City Staff on response to Gulf States Utilities Settlement Proposal. Councilman Brown moved approval directing city staff to notify Gulf States that the City is in agreement with the latest terms set by Gulf States Utilities. 05942 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 12, 1986 PAGE 7 Councilman Jones seconded the motion which was approved unani- mously, 5-0 with Councilman Bond and Councilman Boughton absent. Mayor Ringer stated that the original wholesale rate increase proDosed by Gulf States had a cumulative effect of 92% over a three year period, which is an estimated 50% rate increase for the retail customers. The proposal agreed on will amount to a cumulative wholesale increase of 18.1% over the five year con- tract, with a 10% increase to the retail customers. Agenda Item No. 12 - Other action on closed session. No other action was taken in closed session. Agenda Item No. 13 - Adjourn. Councilman Haddox moved to adjourn the meeting. Councilman Tongco seconded the motion which was approved unanimously, 5-0. APPROVED: yor ATTEST: Dian JoneS/City Secretary 905943 GUEST REGISTER CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 12, 1986 5=00 P.M. 18. 19. 20. 21. 22. e 23. 24. 25. 26. ' 10. 27. 11. 28. 12. 29. 13. 30. 14. 31. 15. 32. 16. 33. 17. 34. 005945