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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. 06509 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. 06510 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. 06511 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. g6512 CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 28, 1988 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. 06513 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. 06514 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 '06515 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 28, 1988 7:00 P.M. 14. 15. 16. 17. 18. 19. 20. 21. 22. 10. 23~ 11. 24. 12. 25. 13. 26. 006518