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HomeMy WebLinkAbout03/09/1989 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 9, 1989 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmembers Brown, Haddox, Gardner, McIlhaney, Birdvell COUNCIL MEMBERS ABSENT: Councilman Schneider STAFF PRESENT: City Manager Ragland, Assistant to the City Manager Piwonka, CIP Director Ash, city Secretary Jones, PIO Officer Calliham, PARD Director Beachy, City Attorney Locke, Assistant City Engineer Smith, Police Chief Strope, Assistant City Manager Woody, Assistant City Manager Brymer, Assistant City Attorney Banks, Fire Chief Landua, Personnel Director Dickson, Council Coordinator Hooks STUDENT GOV'T LIAISON: Shannon Maloney VISITORS PRESENT: See guest register. Mayor Ringer announced that Council member Schneider had asked to be excused as he was on a field trip with students. The council concurred. aqenda Item No. 1 - A public hearinq on the question of rezonina an 18.55 acre trac~ located along the east side of SH 6 approximately 1600 feet north of SH 30 from R-1 Single F~ily Residential to C-2 Commerical Industrial. Applicant, Municipal Development Group. (89-102) Director of Planning Callaway described the location and physical features of the tract. Current zoning in this area includes R-1 Single Family Residential on the subject tract, R-1 to the north and east, and C-1 General Commercial adjacent to the south. He stated that the current R-1 and C-1 zonings were given these classifications upon annexation and were not necessarily intended to be permanent zoning classifications for this area. He noted that in 1985, the City Council amended the land use plan from office commerical to industrial. Mr. Callaway explained further background history on this tract. In review of this request, staff identified three points: 007189 City Council Regular Meeting Thursday, March 9, 1989 Page 2 1) The request complies with the land use plan to the extent that C-2 allows industrial uses as well as commercial uses. 2) The request provides adequate depth and area for commercial or industrial development (based on development policies). 3) The request will not create conflicts with any current or planned land uses in this area. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0. Mayor Ringer opened the public hearing. Ms. Debbie Leslie, representing Municipal Development Group, offered to answer any questions the Council might have. Mayor Ringer closed the public hearing. Agenda Item No. 2 - Consideration of an ordinance rezoning the above tract. Councilman Haddox moved approval of Ordinance No. 1804 rezoning an 18.55 acre tract located along the east side of $H6 from R-1 Single Family Residential to C-2 Commercial Industrial. (89-102). Councilman Brown seconded the motion. Councilman Gardner reminded the Council that the issue of sidewalks has been discussed by the Council in regard to this area. A vote was taken and carried unanimously, 6-0. Aqenda Item No. 3 - Discussion and consideration of a revised preliminary pla%, Southwood Valley Section 24, Amplicant: Area Progress Corporation. (89-302). Mr. Callaway explained the request. The preliminary plats for development in this area were presented in 1982 and 1984. The revised plat changes the configuration of the streets on the northern side of Deacon Drive from one loop-type street with two interior intersec- tions, to four cul-de-sacs. It also deletes two cul-de-scas from the proposed extension of Welsh Street, leaving one cul-de-sac from Deacon Drive to provide access. The Planning and Zoning Commission tabled consideration of a portion of the plat until the applicant presents his proposal to the Council; the portion tabled is that which addresses the deletion of the extension of Welsh Street. The Planning and Zoning Commission recommended approval of the remainder the plat. Mr. Callaway read three sections from the Subdivision Regulations in regard to street extension. 007190 City Council Regular Meeting Thursday, March 9, 1989 Page 3 Mr. Callaway pointed out that the development of Welsh Street is deleted as part of the preliminary plat. Councilman Gardner clarified that the proposal does not address Welsh Street. Mr. Callaway explained that the item was not placed under the Consent Agenda, because the proposal limits the alternatives for extension of Welsh Street. The applicant, Mr. W.D. Fitch, addressed the Council. He clarified that the intent of the plat does not address Welsh Street. He added that he had not requested to delete the continuation of Welsh Street. He recalled the background and history of the preliminary plat. He pointed out several portions of his property on several maps. He noted that the previous plats showed 75 ft. lots planned for duplexes. He added that the builders have expressed interest for 70 ft. lots on this tract. This change would leave a 200 ft. wide strip of land of which Welsh street is a part. Mr. Fitch mentioned that if the Family Tree property were developed, he would prefer not having the lots along Rock Prairie Road facing Welsh Street. Instead, he would extend the lots deeper and place a 30'-40' wide greenbelt, so when traveling Welsh Street, a nice heavily wooded greenbelt would be visible. He asked approval from Council to proceed with the two cul-de-sacs on the master preliminary plat. He further explained his reasons for his request. Mayor Ringer suspended action on this item, and proceeded with Agenda Item No. 4 for the convenience of the presenter. Aqenda Item No. 4 - Discussion and consideration of a resolution authorizinq the Chief of Police to siqn an aqreement for the creation of the Brazos County Narcotics Task Force, and authorization of a budget transfer. (Council Issues ~3 and ~14) Police Chief Strope introduced this item. He stated that approval of a resolution would create a Brazos County Narcotics Task Force. College Station's share is $13,060.33, with recommendation that this money be allocated from the General Fund Contingency. He explained that this program is a compromise and cooperative effort between the City of Bryan, Brazos County, and the City of College Station, as well as the District Attorney's office, to effectively enforce drug laws in the local area. He introduced District Attorney Bill Turner. Mr. Turner explained that a federal grant approved two years ago enabled the Narcotics Enforcement Division to add four people. At the same time, a local task force comprised of the state, police departments and other local authorities was functioning; problems developed among the two agencies. An agreement was made that everyone should be housed under one roof allowing the free flow of information, exchange of equipment, and backup for agents. He noted that the City of Bryan donated a building, and the Sherrif's office donated $5,000. 007191 City Council Regular Meeting Thursday, March 9, 1989 Page 4 He asked the Council for their support of this cooperative arrangement. Councilman Haddox remarked that this budget will be split three ways, 1/3 share of the costs from each entity. Councilman Birdwell asked how long this budget is for. replied that this budget is through September. Mr. Turner Councilman McIlhaney asked Mr. Turner if he anticipated grant monies for next year. Mr. Turner replied that two years ago, the federal grant for the State of Texas was $9 million, this amount was reduced to $2 million, but he hoped for an increase next year. Councilman Brown remarked that he hoped the Task Force will come back to the Council if their needs are not met, and additional funding is needed. Mr. Turner commended the City Council for initiating the War on Drugs program in the community. Councilman Birdwell moved approval of Resolution No. 3-09-89-04 creating the "Brazos County Narcotics Task Force" and budgeting College Station's share of $13,060.33 from General Fund Contingency. Councilman McIlhaney seconded the motion which carried unanimously, 6-0. The Council returned to Agenda Item No. 3. Councilman Birdwell stated his concern that the applicant submitted a 1984 plan which had two cul-de-sacs off of Welsh and would have allowed Welsh to be paved; now, the proposed plan shows one cul-de-sac from Deacon and none off Welsh. It occurred to him that there are other efficient ways to design the property and avoid lots fronting Welsh. Councilman Birdwell asked when the change came about. Mr. Fitch repli%d that he has not come back with a revised preliminary plat, since 1984. Mr. Fitch remarked that the best solution to plat these lots is that he would donate the right-of-way along Welsh to the City and leave the 40' greenbelt along the back of the lots, similar to the way he subdivided property along Rock Prairie Road. Mr. Birdwell suggested another alternative requiring him to keep the cul-de-sacs off Welsh. Mr. Fitch did not believe it would be attractive. Mayor Ringer pointed out that donation of a right-of-way may help offset the assessment on major street construction. Ms. Locke gave an example of this scenario, Dartmouth-Holleman. Councilman Gardner commented that he felt Mr. Fitch should subdivide the property as he wishes, and the city build the extension of Welsh Street. Discussion continued. 007192 City Council Regular Meeting Thursday, March 9, 1989 Page 5 Mayor Ringer clarified that the value of the right-of-way donated is used against the assessment. If the assessment is greater than the value, money would be owed from the property owners. Councilman Gardner suggested that part of the right-of-way would be a good place for an off-street bike path. Mr. Fitch agreed. Mayor Ringer stated that he would prefer asking staff to look at the different alternatives being discussed. Councilman Birdwell agreed. Councilman Birdwell moved approval of the revised preliminary plat relating to the cul-de-sacs on the northwest side of Deacon and to defer approval of the portion of the plat around Cochise street until further information is brought back to the Council from staff. Councilman Haddox seconded the motion which carried unanimously, 6-0. EMERGENCY ITEM: A presentation from Judge J.D. Langley reqarding proposed legislation to create a 15th Court of Appeals, to be located in Brazos County Councilman Brown moved to declare this item an emergency item and place it on the agenda. Councilman McIlhaney seconded the motion which passed unanimously, 6-0. Mr. Judge J.D. Langley addressed the Council. He began by clarifying the state court system. He pointed out that Brazos County is the only county in the State of Texas which goes to three different Courts of Appeals. This proposal will alleviate a case load problem on the Houston Court of Appeals. This new proposed court will take several rural counties out of the Houston Courts, several counties from the Beaumont Court, and three counties from the Austin Courts. Judge Langley p~inted out that the bill proposes a state funding level of $500,000. He noted that three justices, three or four attorneys, and four-six administrative and accounting personnel, office supplies, and maintenance are borne by state money. Generally, there are two ways in which a Court of Appeals is funded, either the city that is the site funds the court in the remaining aspects, which are facilities, library, and equipment; or, the County and City both share in the remaining load. He indicated that another reason for this proposal is to increase voter awareness for a better legal system. Judge Langley explained the process he used in determining his recommendation to the legislators to place this court in the City of Bryan, Brazos County. He pointed out that the county law library by law must be located in the county seat. The Council was provided a draft of the proposed bill. He explained the economic impact if the new Court is set up in Brazos County. 007193 City Council Regular Meeting Thursday, March 9, 1989 Page 6 He asked for the City Council's support of the legislation in the form of a resolution. Councilman Haddox asked if he is requesting funds from the City of College Station. Judge Langley replied that he is not requesting any funds at this time. Councilman Haddox moved to authorize the Mayor to send a letter indicating the Council's support for the creation of a 15th Court of Appeals to be located in Brazos County. Councilman Birdwell seconded the motion which carried unanimously, 6-0. Agenda Item No. 5 - CONSENT AGENDa. (5.1) Approval of the minutes of the City Council Workshop Meeting, Wednesday, February 22, 1989, the Regular Meeting of Thursday February 23, 1989. (5.2) Proposed amendment to the 1988 Appraisal District Budget. (5.3) BID #89-22 Substation Maintenance (one-year contract) (Recommend award to BES, Inc., low bidder) (5.4) BID #89-26 - Truck Cab & Chassis (Recommend award to Graff Chevrolet, low bidder) (5.5) Approval of intergovernmental agreement between the City of Bryan and the City of College Station with the Police Depart- ment to house Class C misdeameanor prisoners from the City of Bryan. (Council Issue No. 14) Councilman Haddox removed CONSENT AGENDA ITEM NO. (5.1) The remaining items were approved by common consent. (5.1) Approval of the minutes of the City Council Workshop Meeting, February 22, 1989 and the Regular Meeting, February 23, 1989. Councilman Haddox referred to page 4 of the workshop meeting minutes, second paragraph under Agenda Item No. 3. He changed the first sentence in the paragraph to read: "Councilman Haddox asked if the city has fidelity insurance for its employees." Councilman Haddox moved approval of the minutes as corrected. Councilman McIlhaney seconded the motion which carried unanimously, 6-0. 007194 City Council Regular Meeting Thursday, March 9, 1989 Page 7 &qenda Item No. 6 - Discussion and consideration of a resolution supportinq and opposinq certain bills filed in the 71st leqislature. City Attorney Locke stated that the city staff committee on legislation has reviewed legislation which has been submitted to the State Legislative Review in the 71st Legislative Session. This is the first of several reviews which will be presented to the Council. The Committee has recommended support of the following house bills: HB 291, 204, 494, 882, and 39. The committee recommended that several bills be opposed. These bills were listed in the agenda packet. She explained that in HB 39, Minimum Educational Requirements for Police, the committee has asked that a stipulation be added as follows: The grandfather clause for the police officers who are currently employed by the City of College Station. Councilman Haddox inquired about HB 890 & HB 869 - Prohibiting the Use of the Polygraph on Police Officers. Police Chief Strope explained why this bill was instigated. Councilman Haddox agreed with staff's recommendation. Councilman Birdwell commented that he has read that polygraph tests are inaccurate, and he has not seen any materials based on scientific evidence. Based on this, he does not understand why we still utilize them. Discussion followed. Councilman Gardner pointed out that he does not agree with HB 291, HB 889, HB 589. He explained his reasons for opposing HB 291; and supporting HB 889, and HB 589. Councilman Gardner moved to approve the resolution with staff's recommendation excluding support for HB 291, and opposition for HB 889, and HB 589. The motion died for lack of second. Councilman Birdwell moved to approve the resolution with staff's recommendations, excluding HB 890, and HB 869. His motion died for lack of second.- Councilman Brown moved approval of Resolution No. 03-09-89-06 supporting and opposing certain bills filed in the 71st Legislative Session. Councilman Haddox seconded the motion which carried unanimously, 5-1, Councilman Gardner voting against. &qenda Item No. ? - Hear Visitors. Mr. Steve Tunnell, introduced himself as a Snook resident who works and shops in the Bryan and College Station area and is a disc jockey for a local radio station. He said that he is very concerned and, in the belief that a responsible adult has a sacred trust in the moral development of children, he wanted to make the Council aware of a situation in College Station he views as very negative, that being the sale of extremely explicit and offensive recorded material to 007195 City Council Regular Meeting Thursday, March 9, 1989 Page 8 children. He stated that four major record retailers as well as the discount chain stores are selling this material to people under the age of 18. He pointed out that although in most cases the material is marked explicit, the designation is usually on a peel-off label that a child can remove. He indicated his concern is that the stores do not have a policy against selling this material to minors. He described "rap music" as one characterized by vile, obscene language, and glorification of robberies, rape, murder, and disregard of law. Mr. Tunnell referred to the legal definition for obscenity and to the vagueness of the law. He stated that, to him, this material is patently offensive to the prevailing standards of the adult community. He said he understands that he does not set the standard nor does the city council, and that it is statewide. He stated that he is not trying to suppress people's rights to express themselves, he is merely asking retailers to put this recorded material in its place and to stop peddling this poison to children. Mr. Tunnell clarified that he is not in favor of censorship of any kind; he is trying to make responsible people in the community aware of what is being sold to children. He stated that he doesn't even know if it can be considered a nuisance; and, to have it declared obscene material, one would probably have to go to the State Attorney. He said that he did not know what the city council could do. He reiterated that he came to make the council aware of what was being sold to minors in the town. Councilman Birdwell observed that staff could be asked to visit with the managers of the stores and ask them not to sell this material to minors. He remarked that the stores might laugh at the request, but the city could try. Councilman Haddox referred to use of permanent labels. Mr. Tunnell responded that some of the materials do have permanent labels. He mentioned that the obscene materials in stores include buttons and cards, placed in view of children. Mr. Tunnell said that he went to the mall management and received no response; he pointed out that the stores belong to large chains. He also mentioned that the store managers themselves are not aware of the obscenity on the tapes. He noted that he was not asking action from the Council, he just wanted to make the Council aware of this situation. Mr. Tunnell continued his discussion about the contents on the tapes and the popularity they have achieved. City Attorney Locke commented that she would be glad to research the law. Mayor Ringer agreed, and said that she could give a report to the Council. Ms. Locke stated that the city has an ordinance regulating sale of pornographic materials to minors; however, she would need to look at it and review what type of materials are covered. Mayor Ringer observed that the problem is to have material declared to be pornographic, as opposed to just objectionable. 007196 City Council Regular Meeting Thursday, March 9, 1989 Page 9 Councilman Birdwell commented on using reason with these people, and referred to Mr. Tunnell's mention that one store had removed the tape. Mr. Tunnell said that the Wal-Mart Store in Bryan pulled the tape from their shelves immediately. He said that he had not dealt with the College Station WalMart but he had written several times to every record retailer in town, and had no response. Councilman Birdwell remarked that a letter saying "are you aware that this information is on the tape" might bring a response from some people, but to others, money is more important. Councilman Haddox stated that he did not see anything wrong with writing a letter, once verification is made on the materials, to say that this has been brought to the city's attention and the city would appreciate them taking it off the shelves. Mayor Ringer suggested the request be at least to not make the materials available to minors. Mr. Tunnel remarked that he was not trying to get them to remove it from their shelves. Councilman Haddox then suggested, "not sell to minors." Mr. Tunnell noted that there are record chains who have strict policies not to sell to minors; others take the approach that if they don't sell it, someone else will. Councilman McIlhaney asked Mr. Tunnell if he could provide the staff a list of these records, for reference if they do research. Mr. Tunnell stated that "heavy metal" music is very mild compared to the "rap" music. He named some of the recording artists who produce "rap." Mr. Tunnell noted that four rap groups are listed on the top charts. Mayor Ringer stated that the city will take a look and give it some thought. Aqenda Item No. 8 - Closed session [6252-X7(2)Cf)] and [6252-~7 (2) er) ]. (8.1) Discussion of land acquisition [6252-17 (2) (f)]. (8.2) Staff Reports [6252-17(2) (r) ]. - Legal Report. Aqenda Item No. 9 - Action on closed session. No action was taken. 007197 City Council Regular Meeting Thursday, March 9, 1989 Page 10 Aqenda Item No. 10 - Adjourn. Councilman Gardner moved to adjourn the meeting at 9:57 p.m. Councilman Birdwell seconded the motion which carried unanimously, 6-0. ATTEST: City Secret~ry Dian Jones APPROVED: May~ 007t98 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 9, 1989 4:00 P.M.  16· 17. .~ 3~~ 18. 19. 20. 21. 22. 23. 24. 10. 25. 11. 26. 12. 27. 13. 28. 14. 29. 15. 30. 007206