HomeMy WebLinkAbout01/28/1988 - Regular Minutes City Council MINUTES
CITY COUNCIL REGULAR MEETING
THURSDAY, JANUARY 28, 1988
7:00 P.M.
COUNCIL MEMBERS PRESENT:
Mayor Ringer, Councilmen Boughton,
Brown, Haddox, McIlhaney, and Gardner
COUNCIL MEMBERS ABSENT: Councilmen Jones
STAFF PRESENT:
Acting City Manager Ragland, Director
of Capital Improvements Ash, City
Attorney Locke, City Secretary Jones,
City Engineer Pullen, Police Chief
Strope, Public Utilities Woody,
Director of Planning Callaway, Budget
Director Schroeder, Assistant to the
City Manager Piwonka, Public Infor-
mation Officer Calliham, Council
Coordinator Hooks
STUDENT GOV'T LIAISON:
Kevin Buchman
VISITORS PRESENT:
See guest register.
Agenda Item No. 1 - Signin9 of a proclamation designatin9 January
30th as Brazos County "Go Texan DAM".
Mayor Ringer read the proclamation and presented it to Mr.
Larry Lightfoot, a member of the Go-Texan Day Committee.
Agenda Item No. 2 - Approval of the minutes of the City Council
Workshop Meetin9, January 13, 1988 and the Regular Meetin9,
January 14, 1988.
Councilman Gardner substituted the words "asked if" in the first
sentence, on page 7 of the Workshop minutes to replace "reiter-
ated that". Councilman Boughton corrected the wording of para-
graph 3, page 3 of the Workshop minutes to state "the State
Department of Highways and Public Transportation" rather than the
State Department. Mayor Ringer added a phrase to paragraph 3,
page 3 of the Regular minutes to state that the "deed restric-
tions may be filed with the condition to become effective upon
the rezoning".
Councilman Boughton moved approval of the minutes with the above
corrections. Councilman Haddox seconded the motion which carried
unanimously, 6-0.
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CITY COUNCIL REGULAR MEETING
THURSDAY, JANUARY 28, 1988
Page 2
Agenda Item No. 3 - A public hearin~ on the question of rezonin~
Lots 1-6 and 22, Block 11, Boyett Subdivision from C-1 General
Commercial to C-NG Commercial Northgate, Don E. Anz, applicant:
City of College Station, owner. (88-100)
Mr. Callaway introduced this item. He stated that the request is
to expand the C-NG zoning district to include the site of old
city hall property. The current zoning in the area includes C-1
on the subject tract, R-6 apartments high density to the east, to
the south, C-NG, and to the west zoned C-U (Texas A&M University
classification). The existing land use in the area includesresi-
dential area adjacent to the east, commercial to the south and
Texas A&M University to the west.
He continued to state that although the requested zone change
would provide for an expansion of the C-NG district, it would in-
clude R-6 uses and provide for reduced setback requirements. He
noted that staff has no objections to this request.
Councilman Haddox asked for clarification of how the setback re-
quirements are determined in this case. Mr. Callaway responded
that the Planning and Zoning minutes reflected that the Com-
missioners discussed several alternatives; One of these being
that the Zoning Board of Adjustments would hear the applicant's
variance requests.
Councilman Brown stated that the C-NG ordinance describes areas
which are unique and historically significant; and, it would not
seem fair to deny him this request, since the Council previously
contracted a lease agreement of this building with Mr. Anz.
Mayor Ringer opened the public hearing.
Mr. Don Anz came forward to address the Council in support of
this request. He agreed with Councilman Brown's comments regard-
ing the historical significance of the building. Mr. Anz com-
mented that the building and the parking problems are contiguous
with the Northgate area. He stressed that this tract of land
should be zoned Commercial Northgate.
Mr. Brad Kerr, surveyor for Mr. Anz came forward to answer any
questions the Council might have.
Mayor Ringer closed the public hearing.
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CITY COUNCIL REGULAR MEETING
THURSDAY, JANUARY 28, 1988
Page 3
Agenda Item No. 4 - Consideration of an ordinance rezonin~ the
above tract.
Councilman Haddox asked what alternative Mr. Anz would have if
the Council took no action on his request, and the Zoning Board
of Adjustments denied his variance request.
Mr. Callaway replied that he could not answer on behalf of the
ZBA members, he did not know what type of action they might
take. Mayor Ringer mentioned that the applicant could come be-
fore the Council with another request for rezoning, but there is
a waiting period before he would be allowed to come back.
Councilman Brown commented that it was nice to have someone in-
terested in preserving the old city hall building.
Councilman Brown moved approval of Ordinance No. 1736 rezoning
Lots 1-6 and Lot 22, Block 11 of the Boyett Subdivision from C-1
to C-NG. Councilman Haddox seconded the motion.
Councilman McIlhaney asked if the applicant will have to request
a variance on the setback requirements. Mr. Callaway replied
that the C-NG zoning would alleviate the obvious setback
problems.
Mayor Ringer asked Mr. Callaway if he remembered why the bound-
aries of the C-NG district did not include the city hall property
when it was first established. Councilman Boughton responded
that most of the structures located north of Church Street were
primarily residential.
Councilman Gardner stated that the change of this rezoning re-
quest would set a precedent in this area. He pointed out that
the activity inside the structure would not have historical sig-
nificance. He stated that this structure differs from most of
the properties south of Church street because it has a large
amount of space. He stated that the intense development of the
properties south of Church street justified "bending" the ordi-
nance, but he does not believe this request justifies Granting a
concession to the ordinance.
The motion to approve Ordinance No. 1736 carried by a vote of
5-1, Councilman Gardner voting against.
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CITY COUNCIL REGULAR MEETING
THURSDAY, JANUARY 28, 1988
Page 4
Agenda Item No. 5 - Consideration of an ordinance rezonin9 Lots 1
and 2 Block B and part of Lot 2 Block A, Haney Highway 6 Addition
from A-P to C-3. (87-107).
Councilman McIlhaney moved to remove this item from the table.
Councilman Boughton seconded this motion which carried unanimous-
ly, 6-0.
Mr. Callaway explained that this item was tabled at the previous
council meeting. At that time, the residents of Mile Drive were
concerned about the sequence of events regarding the rezoning,
with respect to the filing of the deed restrictions. Since that
time, the owners of the tract and residents of Mile Drive have
reached an agreement with respect to the filing of these deed
restrictions. Mr. Callaway noted that the deed restrictions have
been executed and are being held by the resident's attorney.
Mayor Ringer announced that the public hearing for this item was
held at the January 14th meeting. He asked Mr. and Mrs. Griffin
if they were satisfied with the arrangement of the deed restric-
tions and the zoning. Mr. and Mrs. Griffin concurred.
Councilman Boughton moved approval of Ordinance No. 1737 rezoning
Lots 1 and 2 Block B and part of Lot 2 Block A, Haney Highway 6
Addition from A-P to C-3. The motion was seconded by Council-
man Haddox. The motion carried by a vote of 5-0-1 with Council-
man Brown abstaining.
Agenda Item No. 6 - CONSENT AGENDA:
PLATS: Final Plat - Easement Abandonment and Dedication Plat -
Haney Highway Six Addition (87-217)
Final Plat - Replat of Lots 3 & 4 Block 4 Pooh's Park
(88-200)
Councilman McIlhaney moved to remove the final plat of the ease-
ment abandonment and dedication plat of Haney Highway 6 Addition
from the table. Councilman Boughton seconded the motion which
carried unanimously, 6-0.
Both items were approved by common consent.
Agenda Item No. 7 - Consideration of a resolution affirmatively
joinin9 in the Brazos County Emergency Communications District
911.
City Attorney Locke stated the resolution authorizes the City
to become a formal member of the 911 District.
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CITY COUNCIL REGULAR MEETING
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Page 5
Councilman Haddox moved approval of the resolution affirmatively
joining in the Brazos County Emergency Communications District
911.
The motion was seconded by Councilman Brown which was approved
unanimously, 6-0.
Agenda Item No. 8 - Consideration of a proposed ordinance
defining retention periods for police records.
Police Chief Strope addressed the council. He stated that the
proposed ordinance authorizes destruction of microfilm records
during a certain time period. The ordinance will provide more
space, better security for the records, and avoid duplication.
Councilman Haddox asked if this was standard procedure for most
police departments. Chief Strope replied affirmatively.
Councilman Haddox moved approval of Ordinance No. 1738 defining
retention periods for police records.
The motion was seconded by Councilman Boughton which was approved
unanimously, 6-0.
Agenda Item No. 9 - Consideration of a resolution adopting a
policy on contigency budget transfers.
Mr. Schroeder stated that a discussion of this item was held at
the workshop meeting.
Councilman Brown moved approval of Resolution No. 1-28-88-09
adopting a policy on contingency budget transfers. Councilman
Gardner seconded the motion which carried unanimously, 6-0.
Agenda Item No. 10 - Consideration of budget appropriation to
close CIP projects of Police Station Addition, Utility Service
Center, and telecommunication system.
Mr. Schroeder explained that these CIP projects are rapidly
coming to a close; staff is asking for authorization of expend-
itures from unencumbered interest earnings.
Councilman Haddox announced that the article stated in the EAGLE
may have not been entirely understandable to the taxpayers. He
asked Mr. Schroeder to clearly explain it for the benefit of the
media.
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CITY COUNCIL REGULAR MEETING
THURSDAY, JANUARY 28, 1988
Page 6
Mayor Ringer asked Mr. Schroeder to clarify where the funds came
from and what purpose they were authorized for. Mr. Schroeder
replied that the monies allocated from interest earnings are made
from city's investments of the bond monies while the projects are
awaiting construction or already in progress. He explained that
there is a limitation on where these monies can be spent. One,
monies must be spent to retire the debt that has been issued; and
secondly, continue to apply monies to projects of a similar
nature. Mayor Ringer clarified that the city would need to ad-
dress the voters if they decided to use the bond monies for
another project not similar to a project that it was authorized
for, for example, you cannot use monies issued for parkland and
on projects such as streets or sewer facilities.
Councilman Brown asked if the change to the police station
addition was partially due to the security system. Mr. Schroeder
replied affirmatively; also the fact that there was additional
landscaping. Mr. Brown also asked why the telecommunications
project distance was incorrectly estimated by such a large
amount. Mr. Schroeder replied that two factors caused the dis-
tance to increase: 1) staff decided that it was not necessary to
perform a complete engineering estimate on this size of a project
before bids were proposed. 2) the distance of the route differed
than what was stated in the original specifications.
Councilman Boughton moved to approve Resolution No. 1-28-88-10
authorizing the appropriation of unappropriated interest earnings
for these designated purposes, Police Station addition ($183,386
1984 General Obligations Bonds), Utility Service Center ($135,349
1984 Utility Revenue Bonds) and, the telecommunications project
($19,500 1984 Utility Revenue Bonds).
The motion was seconded by Councilman McIlhaney and approved by a
vote of 5-1, Councilman Gardner voting against.
Agenda Item No. 11 - Hear Visitors.
No one spoke.
Agenda Item No. 12 - Closed session to discuss legal report
[6252-17(2)(r)], land acquisition [6252-17(2)(f)], and personnel
[6252-17 (2) (g)] .
The council convened in closed session at 7:50 p.m.
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CITY COUNCIL REGULAR MEETING
THURSDAY, JANUARY 28, 1988
Page 7
A~enda Item No. 13 - Action on closed session.
The council reconvened in open session at 8:30 p.m. and announced
action on the appointment of an Assistant Municipal Judge.
Councilman Haddox made a motion to appoint Mr. Steve Smith to
serve as the City's Assistant Municipal Judge. Councilman
Boughton seconded the motion which carried by a vote of 5-1, with
Councilman Gardner opposing.
A~enda Item No. 14 - Adjourn.
Mayor Ringer declared the meeting adjourned at 8:32 p.m.
APPROVED:
Mayo~
ATTEST:
· - .~ C~/fy Secretary
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GUEST REGISTER
CITY COUNCIL REGULAR MEETING
THURSDAY, JANUARY 28, 1988
7:00 P.M.
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