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HomeMy WebLinkAbout12/11/1980 - Regular Minutes City CouncilMINUTES Regular City Council Meeting Thursday December 11, 1980 7:00 P.M. Agenda Item No. 1--Approval of minutes. Mayor Halter asked that the minutes of the Council meeting on November 24, 1980 be amended to show that Mr. Schick was present at the Planning & Zoning Commission meeting of December 15, 1977 and January 19, 1978 and the City Council meeting of January 12, 1978. He was not present at the final Council meeting in which the City Council did rezone the Southwest.Parkway-Welsh St. area. Councilman Kelly motioned to approve the minutes with the above amendment. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 2--A public hearing on the question of annexing a 10.68 acre tract generally located 3,500 feet east of the intersection of F.M. 2818 and F.M. 2154. City Engineer Ash presented. Mayor Halter opened public hearing. the public hearing was closed. Agenda Item No. 3--Consent Agenda. Bids: Plats: When no one spoke Trenching Machine - Electric Department Consideration of a preliminary plat -- The Boardwalk, located on the southeast corner of the intersection of Texas Avenue and Highway 30. Consideration of a preliminary plat -- Dragon's Nest Apartments, located on the east side of Longmire Drive between Deacon Drive and Treehouse Trail. Councilman Runnels wished to remove the Boardwalk Plat. The Council discussed there had been a previous problem, but came to the conclusion the problem had since been resolved, since the plat presently reaches the Engineering & Planning staff's approval with the recommendations of the Planning & Zaning Commission. Councilman Ringer moved to approve the Boardwalk plat with the recommendations of the Planning & Zoning Commission. Councilman Kelly seconded the motion which passed by consent. Agenda Item No. 4--Consideration of a Conditional Use Permit for 1103 Francis. Zoning Official Jim Callaway informed the Council the applicant had recieved a Conditional Use Permit from the Planning & Zoning Commission allowing Mary Norman to operate her Child Care Center until August 31, 1981 with no mmre than 10 children. He stated that under section 6-L of the Zoning Ordinance a day care center may be placed in any of several zones with the approval of a Conditional Use Permit Application. Mr. Calloway pointed out the item being appealed was the expiration date. The Planning & Zoning Commission had voted 5 - 2 for the limited Conditional Use Permit. Mayor Halter recognized a petition presented to the Council by residents in the area opposed to operation of the day care center. He also recognized a letter from the applicant asking for a Conditional Use Permit with no time restrictions. 03080 REGULAR CITY COUNCIL MEETING Thursday December 11, 1980 7:00 P.M. page 2 Mayor Halter asked to hear from visitors who were in favor of operation of the day care center mentioned above. Mark Paulsom 1506 Lemon Tree pointed out that only 3 residents who were informed of Conditional Use Permit application even knew the center was there. He did not think the center caused a traffic problem if no one knew it was there. He pointed out the Conditional Use Permit requested exists only while Mary Norman owns the property. Bill Tud of 2206 Dewberry spoke in favor of the quality of the daycare center, Page Heller of 1303 Airline Dr. member of the faculty at Texas A&M University wished to clarify Mary Norman's was a Group Day Home Care which is a center with less than 12 children kept for a period of less than 24 hours. Mayor Halter confirmed this was correct as defined in proposed ordinance B. Mr. Heller then pointed out his preference for a Group Day Home Care Center and spoke in favor of the quality of Mary Norman's center. Linda Jackman of 1610 Austin pointed out there are other Conditional Use Permits in the area which cause more distraction than this one would. She referred to a V.W. Repair Shop and a place that sells and/or rents canoes and sailboats. Mayor Halter stated the V.W. Repair Shop does not have any official sanction from the city. Daisy Wagner of 1209 Westover stated she did not object to Ms, Norman's center being in the neighborhood. Sandra Jeminis of 3205 Westwood Estates spoke in favor of Ms. Norman's center. Sara Guriona spoke in favor of the quality of Mary Norman's center. When no more visitors spoke Mayor Halter asked Ms. Norman if she had any comments. Ms. Norman said she hopes they let her take care of children because she loves them. Mayor Halter then asked to hear from visitors opposed to the operation of Mary Norman'~ center. Ann Hazen member of the Planning & Zoning Commission stated she had made the motion at the P & Z meeting to allow Ms. Norman to continue service until next August. She spoke against issuing a permit without a time limit stating that it would open the door to other babysitting businesses in the area causing a traffic problem. Clarisa Kimber of 1208 Berkley spoke for the original permit stated the reason for her opposition was that this was an R-1 district and she did not think businesses sho,,!~ be allowed. She also pointed out the canoe business had been closed. She also pointed out the importance of the petition. Diane Fuqua of 1210 Berkley stated her reason for opposition was because she did not think a business should be in a residential area zoned R-1 Councilman Boughton asked Ms. Fuqua where she thought this type of day care should be located. 03081 REGULAR CITY COUNCIL MEETING Thursday December 11, 1980 7:00 P.M. page 3 Ms. Fuqua stated it should be in a Residential area with no restrictions. Judy Warren of 1100 Westover St. pointed out the traffic problem Ms. Norman's center presented. Peter Hugill 1100 Westover stated the business was not noticed, but had the issue been brought up sooner it would have been opposed sooner. He assumed they already had a permit. Nancy Thornberry of 1006 Francis stated she was opposed to a business because it would cause the homes in the area to depreciate. Councilman Jones stated this size child care center should be in a neighborhood se~ting. Mr. Pennington of 904 Francis stated a business would cause the property to depreciate. Juanita Thompson of Francis Dr. stated her opposition because the additional traffic it causes and the property depreciation it will cause. Mrs. McNeal of 1001 Francis stated her opposition because the Center would cause too much noise and traffic in the neighborhood. Mayor Halter then asked if there were any more statements form the public. Mary Norman stated she was applying for a permit to keep 10 children and no more, but she needed to keep more than 3 children to support herself. Kathy Paulson stated because of the hours she and her husband work she cannot take her child to a commercial center. She pointed out that if Ms. Norman closes she will have to find another job. ~ Page Heller stated the advantages of a center this size. After much discussion the Council concluded the issue before them was an appeal of the P & Z decision to the City Council. Councilman Ringer moved to grant a Conditional Use Permit to Mary Norman for not more than 10 children while she is the owner and living at the present location. Councilman Jones seconded the motion. Councilman Runnels did not think it was the Council's place to override the recommendations of the P&Z. Councilman Kelly moved to table the issue untilL the City Attorney could advise the Council as to whether the Council has the right to override the recommendations of the P & Z. Councilman Runnels seconded the motion which passes unanimously. Agenda Item No. 5--Consideration of a proposed child care ordinance. Councilman Boughton moved to pass the proposed child care ordinance B. Councilman Kelly seconded the motion REGULAR CITY COUNCIL MEETING Thursday December 11, 1980 7:00 P.M. page 4 Mayor Halter asked for comments from the public. Penny Mathews of 1503 Lemon Tree stated her financial need to work. She spoke in favor of the small child care centers. Greg Clary of 3007 Bluestem presented an oral and written statement to the Council expressing his belief that the proposed ordinance - would cause child care centers to double their prices. After discussion between Mr. Clary and the Council they concluded Mr. Clary had not seen the proposed ordinance B. Monica Ivochek of 1504 Hillside stated she recently moved to this area. She now !pays twice as much for childcare and her pay is one half as much. She was concerned that the proposed ordinance B would increase the cost of child care. Ms. Albrecht then explained that proposed ordinance B has approximatly 80% less regulations than the present Ordinance #527. She stated it simply allows the city to check for health and sanitation conditions, Fire Code regulations and has the opportunity for the city to offer a First Aid Course. Sandra Black of 1015 Winding Rd. asked questions about proposed ordinance B. The Council discussed changing the permit requirement in proposed ordinance B from a 12 month period to be issued annually. The proposed ordinance B was passed unanimously making it Ordinance 1252. Agenda Item No.6--Consideration of a resolution authorizing the police department to release bicycles to the College Station Morning Lions Club for the purpose of rebu~din~ and distributing them at Christmas. Councilmen Jones and Kelly obstained from voting due to thier membership. Councilman Ringer moved to approve the resolution commending the Morning Lions Club for their action. Councilman Boughton seconded the motion which passes unanimously. City Attorney Denton advised the council that, based on his interpretation, the Council did have the authority to recognize an appeal from the P & Z, in reference to the Conditional Use Permit for 1103 Francis. Councilman Jones moved to remove agenda item 4 from table. Councilman Kelly seconded the motion which passes unanimously. The original motion was restated. Voting for the Conditional Use Permit were Councilmen Ringer, Boughton. Kelly, Jones, and Mayor Halter. Voting against was Councilman Runnels. Agenda Item No. 7-- Consideration of a one hour extension on New Year's Day. This request was made by Aggieland Inn. Ralph Deitrich, General Manager of Aggieland Inn, stated his interest in this matter. City Attorney Denton advised passing an ordinance rather than a resolution. Councilman Ringer moved that the City Attorney draft an ordinance #1253 allowing.those 03083 REGULAR CITY COUNCIL MEETING Thursday December 11, 1980 7:00 P.M. page 5 establishments with late hour permits permission to stay open January 1, 1981 until 1:00 A.M. Councilman Kelly seconded the motion which passes unanimously. Agenda Item No. 8--Consideration of bids for Vacuum Transformer at electrical substation Charles Freeman of Electric Power Engineers, Inc. recommended to the Council the contract be awarded to Fairba±rn Electric, Inc. for the price of $2,605.00. Councilman Ringer moved to accept the bid. Councilman Kelly seconded the motion which passes unanimously. Agenda Item No. 9--Consideration of an Amendment to Ordinance #175 increasing the fine for creating a public nuisance. City Attorney Denton presented the proposed ordinance to the City Council. The proposed ordinance raised the maximum fine for creating a public nuisance from $10.00 to $200.00. Councilman Jones moved to pass the proposed ordinance.# 1254. Councilman Boughton seconded the motion which was passed unanimously. Agenda Item No. 10--Hear Visitors. Milton Bell, owner of Bell's Welding Service asked the Council their opinion of the chance of passing rezoning of his property because of financial investments concerning his business. The Council advimed they knew of no reason at the present time to oppose rezoning. Agenda Item No. 11-- Closed Session to discuss personel. Mayor Halter called the Council into closed session and later opened to the public. There was no action on closed session discussion. Mayor Halter stated the closed session discussion covered the replacement of Murl Baily of the P & Z. The final decision will be made at the December 18th meeting. The Council then commended Ms. Mandy Milberger for the fine work she has done as City Council Coordinator. Mayor Halter adjourned the meeting. ATTEST City Secretary APPROVED Mayor 030194 REGULAR CITY COUNCIL MEETING Dec. 11, lgSO 7:00 P.M. PL(~ GN BELOW: lg. 20. 14. 27. 28. 29. 30. 31. 32. 15. 33. 16. 34. 17. 35. 18. 36.