Brownwood City Council members will consider a request for a variance Tuesday that would allow a convenience store located near the Brownwood school district administration building and guidance center to sell alcoholic beverages.

Steve Fryar is requesting a variance for the sale of beer and/or wine at the Food Plaza store at 2800 Southside. The store’s property line is 111 feet from the BISD property line, according to an agenda item briefing sheet by City Manager Bobby Rountree.

City ordinance prohibits the sale of alcoholic beverages if the business is within 300 feet of a church, public or private school or public hospital.

The council may grant a variance if it determines that “the enforcement of the regulations in a particular instance is not in the best interest of the pubic, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant, … does not serve its intended purpose, is not effective or necessary, or, for any other reason the city council determines … that the variance is in the best interest of the community.”

Rountree is recommending that the variance be denied, according to the briefing sheet.

Fryar has asked how the 7-Eleven store (formerly Skinny’s) at Fourth and Indian Creek can sell beer and wine considering its proximity to Woodland Heights Elementary School, Rountree’s briefing sheet states.

After voters approved the sale of alcoholic beverages in south Brownwood in 2004, a city ordinance prohibited sales if the front door of a store was within 300 feet of a church, school or hospital. The Skinny store’s front door is 983 feet from the front door of the school’s main building, Rountree’s briefing sheet states. In 2005, the council amended the ordinance to measure the 300 feet from property line to property line.

The council meets at 9 a.m. at City Hall. The entire agenda follows:

1. Call to order

2. Pledge of Allegiance

3. Invocation

4. Items to be withdrawn

5. Introduction, announcements and recognitions

6. Citizen presentations

Any citizen who desires to address the City council on a matter not included on the agenda may do so at this time. The City Council may not deliberate on items presented under this agenda item. To comply with provisions of the Open Meetings Act, the Council respectfully requests that prior to addressing Council that each person submit a citizen presentation form that is located at the entryway to the Council Chambers, stating your name, address, and topic of presentation. All presentations are subject to a five minute time limit.

7. Approval of minutes: Regular meeting - Dec. 9, 2008.

8. Claims and accounts

9. Requests and presentations

A. Council may consider a request by Food Plaza Convenience Store No. 9, located at 2800 Southside Drive, Brownwood, Texas, to grant a variance to the 300-foot distance requirement contained in Section 6-61 (a) and (b) of the Code of Ordinances to allow them to sell beer and/or wine within 300 feet of a public school.

10. Public hearings

A (1).Council to hold a public hearing on a petition from First RGS Corp. for the closure and abandonment of an undeveloped street known as Bradford Street and alleys, all of which are located in blocks 1 and 2, Fowler and Nunn’s Addition.

A (2). Council may consider an ordinance on first reading regarding this public hearing.

B (1). Council to hold a public petition from Keg 1 O’Neal, LLC, for the closure and abandonment of sections of Depot Street, Greenleaf Street, Wilson Street and a portion of an alley between Block 9 and block 13, Wilson and Fagg Addition.

B (2). Council may consider an ordinance on first reading regarding this public hearing.

B (3). Council may consider authorizing the mayor’s signature on a Declaration of Abandonment of an easement, said easement being a part of Greenleaf Street (formerly Commerce Street) east of Wilson Street.

B (4). Council may consider authorizing the mayor’s signature on a utility (sewer line) easement to Keg 1 O’Neal, LLC beginning from Wilson Street and continuing through the alley between Blocks 9 and 13, Wilson & Fagg Addition.

B (5). Council may consider accepting a Quit Claim Deed from Keg 1 O’Neal, LLC regarding .049 acres of land located at the intersection of east Depot and the Depot parking lot.

11. Consent agenda

A. Consider an ordinance on second and third readings naming a 25-foot-wide alley located in Block B1, Sunset Addition, between Gifford and Beaver streets as Sarah Gomez Lane.

B. Consider an ordinance on second and third readings establishing a stop sign entering Beaver Street from Sarah Gomez Lane.

C. Consider an ordinance on first reading establishing a stop sign entering Beaver Street from sarah Gomez Lane.

D. Consider a resolution authorizing an application to be submitted in the Texas Department of Agriculture’s Go Texas Rural Community Bootstrap Bucks Program.

12. Bids

A. Consider awarding bid for the AWOS at the Brownwood airport.

13. Reports

A. Update on the construction of Cell 11 at the landfill.

B. Update on the construction of the animal shelter.

C. Chamber of Commerce Legislative Day in Austin.

D. Birch Foundation donations.

E. City Hall closed for the Christmas holidays.

14. Executive session

The City Council may convene into a closed executive session, pursuant to the provisions of the Open Meetings Law, Chapter 551, Government Code Vernon’s Annotated, in accordance with the authority contained in the following section:

Section 551.071 - consultation with attorney

A. Joe Cooksey v. City of Brownwood.

B. Council may receive legal advice on DSHS contract.

Section 551.072 - real property

C. Acquisition of property located at 3111 Austin Ave.

14. Action as a result of the executive session.

15. Adjournment.