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HomeMy WebLinkAbout02/26/1981 - Regular Minutes City Council MINUTES Regular City Council Meeting Thursday, February 26, 1981 7:00 P.M. MEMBERS PRESENT: City Manager Bardell, Mayor Halter, Councilmen Jones, Kelly, Runnels, Dozier, Boughton, and Ringer, Student Liaison Herring, City Attorney Denton, Assistant City Manager/Director of Finance Van Dever, City Planner Mayo, City Engineer Ash, City Secretary Schroeder, Assistant Engineer Smith, Zoning Official Calloway, Fire Marshal Davis, and Building Official Perry MEMBERS ABSENT: none VISITORS PRESENT: see guest register Agenda Item No. 1- Approval of the minutes of the Workshop City Council Meeting of Wednesday~ February 11~ 1981 and the Regular City Council Meeting of Thursday~.Feb- ruary 12, 1981. Councilman Boughton pointed out that tract 4 had been left out of the rezoning on page 3 of the minutes of the Regular City Council Meeting of Thursday, February 12. Councilman Boughton moved approval of the minutes with this addition. Councilman Kelly seconded the motion which passed unanimously. Agenda Item No. 2-A public hearing on the presentation of a Citizens' Petition to the City Council. Mayor Halter requested that citizens keep their presentations limited to five minutes with the exception of the attorney representing them, to whom he specified no time limit. Mayor Halter first asked for a report from the City Staff. City Attorney Denton presented the basis for his opinion and recommendations to the Council. Based on his research, the major points of his opinion presented to the Council were: A referendum cannot change or otherwise affect the status or continuing validity of an ordinance zoning or rezoning a tract of land. 5 Any attempted election held i~ accordance with the provisions of the City Charter would be void as to its affect on the zoning ordinance in question. The council cannot be legally compelled to hold a referendum election under these circumstances. ~layor Halter asked to hear from those in favor of the referendum and on the repeal of the ordinance. Mr. Robert Webb, a Raintree resident, read the petition in favor of the referendum and repeal and stated several reasons why the residents were presenting the petition to the Council. He pointed out his group was not against industry and growth as long as it was a planned growth. He stated his group, the Citizens for Responsible Gov- ernment, was not selfish as they had been accused at a previous City Council meeting. 031.3Z Mayor Halter pointed out this remark had not been made by the City Council. MINUTES Regular City Council Meeting Thursday, February 26, 1981 7:00 P.M. page 2 Ray Martin, of Appomattox Dr. in Raintree, spoke in favor of the referendum petition. He felt the Council should reverse its original rezoning decision and hold a ref- erndum. His reasoning was that the original zoning decision was based on inadaquate information. Mr. Jim Gardner, member of the College Station Planning and Zoning Commission, residing at 1216 North Ridgefield, approached the Council with an article from a local news- paper. Mayor Halter requested that Mr. Gardner not debate the newspaper article and to keep his presentation directly related to the issue. He pointed out that the Council had not put this article in the newspaper. Mr. Gardner stated that the topic of the article was the industrial commercial zoning impact and developement of the Westinghouse Corporation on the Raintree Addition. Mr. Gardner referred to questions and answers in the article and stated his opinions on these issues. He pointed out he was in favor of industry. Mr. Gardner urged the Council to repeal the ordinance. A1 Gallo, a resident of College Station, stated he was in favor of industry in an Industrial PErk. nut in a residential neighborhood. He spoke in favor of a referendum. David Stasney, a Bryan resident and attorney, stated he had been asked to speak for a group of College Station residents. He pointed out that the city would be in violation of the City Charter if it did not hold an election. Mr. Stasney stated that the res- idents of Raintree could sue the city if it did not hold an election. Mr. Stasney made three major points, The City Charter mandated that you shall hold an election on any referred ordinance with two exceptions, neither of which has anything to do with zoning. There is no state law, ,anywhere, which expressly removes the issue of zoning from the referendum procedure.- He pointed out this was a referendum issue not an initiative. The Texas Supreme Court has never stated that a referendum is inappropriate in a zoning area. He then presented the basis for this opinion and recommendation. Councilman Dozier asked Mr. Stasney which law prevails, if they are in conflict, state law or City Charter. Mr. Stasney stated that, if they are in conflict, state law prevails. Councilman Dozier then asked Mr. Stasney the difference between a zoning law, ordinance, and a zoning change as contrasted to a Charter creation and a change of. a Charter. 03133 MINUTES Regular City Council Meeting Thursday, February 26, 1981 7:00 P.M. page 3 Mr. Stasney stated it was his understanding that all zoning changes are done by ordinance. Councilman Dozier stated that all Charter amendments are voted on by the people and zoning changes are not. Councilman Dozier also pointed out the difference in a referendum and an initiative. D.A. (Andy) Anderson, previous councilman-mayor of 12 years, spoke in support of the Councils decision. Lorance Bravenec, previous Mayor of College Station, spoke in favor of the rezoning decision. He commended the Council on their quality service. Joan Hazelwood, a Raintree resident, stated an appraiser for an insurance co. gave an assessment of her home and told her it would drop in value from 10% to 14%. Mrs. Hazelwood stated that the Council witheld information from the public concerning the industry. Councilman Dozier stated that he did not know who the industry was prior to the zoning issue. Councilman Jones questioned the accuracy of the appraisal done on her home. He suggested she have another appraisal done by a representative of a lending institution, bank, or appraisal institution. W.D. Fitch, 1712 Glade, stated he was opposed to the principle of a petition. He stated that the City Council was a body elected by the people and the people should trust the decisions made by this body. Allen Swoboda, 8604 Amber Hill Ct., a citizen and developer in College Station, agreed with Mr. Fitch on the principle of a petition. He stated he was developing Emerald Forest and felt that ARC was an asset to his developement. He advised the Raintree residents that Westinghouse will be an asset to their neighborhood. When no one else spoke Mayor Halter closed the public hearing. Agenda Item No. 3-Consideration of action to be taken on a Citizen's Petition pre- sented to the City Council. Mayor Halter asked for a motion for repeal of the ordinance as requested by the pe- tition. There was no motion. He then asked for a motion to consider holding a referendum election on the question of rezoning this property. There was no motion. Mayor Halter asked if there was a motion to deny the two requests, repeal and ref- erndum. MINUTES Regular City Council Meeting Thursday, February 26, 1981 7:00 P.M. page 4 Councilman Jones moved denial of both requests and stated that he was not going to change his original decision on the zoning of this property. Councilman Boughton seconded the motion. Councilman Runnels stated that this was an issue that met the requirements to hold a referendum. He stated, however, that he did believe the City Attorney's opinion that it would be invalid to carry this on. He stated he would vote against this motion. Mayor Halter pointed out that this decision does not risk the right of the citizens to future referendum. He stated the Council was acting on the advice of the City Attorney and that state law can change City Charter. Councilman Dozier stated that he thought the original M-1 zoning was proper. He stated that zoning was a decision clearly given by the legislature to the City Council. If the people do not agree with this zoning their remedy should be an appeal to the court system. Mayor Halter stated that the City Council has directed the Planning Department that any developments of this property will come to the City Council. He also stated that an amendment to the M-1 zoning ordinance, to clarify and take into account some of the objection raised by the people in Raintree, had been drafted and reviewed by Mr. Webb and some of the Raintree Residents. He stated that the amendment would be coming back to Council. Voting for the motion to deny repeal and referendum were: Mayor Halter, Councilman Jones, Kelly, Dozier, Ringer, and Boughton Voting against the motion: Councilman Runnels. Mayor Halter called a five minute recess. A~enda Item No. 4-Consent Agenda. Mayor Halter asked if there were any items on the Consent Agenda the Council wished to remove. When no one spoke, Mayor Halter declared the items approved by Common Consent. These items included: PLATS: Consideration of a final plat - Resubdivision of Lot 35, Block 16; Southwood Valley Section 3. BIDS: pick-up truck for meter readers water meters, brass goods, pipe and valves engineering equipment consideration of bids for paving project on Pasler & Churchill 0313, page 5 MINUTES Regular City Council Meeting Thursday, February 26, 1981 7:00 P.M. Agenda Item No. 5-Presentation of Annual report by Herford Lynch & Co. Assistant City Manager/Director of Finance Van Dever introduced Jerry Simpson and Candy Dixon of Hereford Lynch & Co. Jerry Simpson presented the financial report. He pointed out this report had been submitted to the Municipal Finance Officers Association of the United States and Canada for the purpose of consideration for the certificate of conformance in finan- cial reporting. He stated that this award is the highest award that a municipality can recieve in the area of financial reporting. He then answered questions of the Council. The Council accepted the report for study. Agenda Item No. 6-Presentation of plans for clean up drive by TAMU students, by Sam Oliveri, President of ISA. Sam Oliverri, President of the ISA, presented his organization's intentions to form a clean up drive in the community. He stated their motivations for these plans. Councilman Ringer moved approval of the city's cooperation and support for this effort. Councilman Kelly seconded the motion which passed unanimously. Agenda Item No. 7-Consideration of an ordinance adopting the 1979 Standard Building Code with the 1980 revisions and appropriate city amendments. Mayor Halter stated that this had been discussed at the workshop meeting and asked if there was any further discussion. Cliff Young stated that he thought the City Building inspectors were more lenient when inspecting contractors work than individuals. Councilman Kelly moved approval. Councilman Jones seconded the motion which passed unanimously making this ordinance # 126'9. Agenda Item No. 8-Consideration of an ordinance adopting the 1981 National Electrical Code. Mayor Halter stated this was, also, discussed at the workshop meeting the previous day and asked for comments. When no one spoke he asked for a motion. Councilman Jones moved to pass the ordinance adopting the 1981 National Electrical Code. Councilman Boughton seconded the motion which passed unanimously making this ordinance # 1270. page 6 MINUTES Regular City Council Meeting Thursday, February 26, 1981 7:00 P.M. Agenda Item No. 9-Consideration of a resolution setting electrical fees. This was, also, discussed at the workshop session. Mayor Halter asked for comments. Bob Harv~ll, master electrician license holder in College Station, stated that he thought the proposed commercial rate was too high. John Bond, a local electrician, asked the Council to reconsider the $20.00 reinspection fee. Councilman Kelly moved to table the proposed resolution setting electrical inspection fees in order to give the local electricians a chance for input. Councilman Dozier seconded the motion to table which passed unanimously. Councilmen Jones and Kelly volunteered to serve on a committee to meet with the local electricians. Asenda Item No. 10-Consideration of an ordinance adoptin§ the 1979 Standard Fire Prevention Code with the 1980 revisions and appropriate city amendments. Mayor Halter stated that the Council had, likewise, discussed this at the workshop meeting and asked for comments. No one spoke. Councilman Jones moved approval with the 101 Life Safety Code as a companion code. Councilman Kelly seconded the motion which passed unanimously making it ordinance # 1271. A~enda Item No. il-Consideration of the contract for the new Civic Center by Emmett Trant and Associated of Bryan for Architectural fees totallin~ $52~000.00 and payment of such from hotel-motel tax funds. Councilman Jone~ moved to authorize the Mayor's signature to approve the contract totalling $52,000.00. Councilman Boughton seconded the motion which passed unanimously. A~enda Item No. 12-Consideration of authorization of advertisin~ for bids for con- struction of Carolina St. under the 1980 Community Development Program.. Zoning Official Calloway presented the request to the Council. Councilman Ringer motioned approval of the authorization to advertise for bids. Councilman Kelly seconded the motion which passed unanimously. A~enda Item No. 13-Consideration of a resolution withdrawin~ the City of College Station from participation in the Social Security System. 03137 MINUTES page 7 Regular City Council Meeting Thursday, February 26, 1981 7:00 P.M. City Manager Bardell stated that the city employees had voted to withdraw from the Social Security System. He stated that the application to withdraw had to be filed two years in advance. Within this two year time the city may, at any time, withdraw its application. He stated that the city proposes to use this time to research other alternatives to this program. Councilman Runnels moved passage of the resolution withdrawing the City of College Station from the Social Security System. (the earliest possible date being two years from date) Councilman Jones seconded the motion. Voting for passage of the resolution: Mayor Halter, Councilmen Ringer, Boughton, Kelly, Jones, and Runnels. Voting against: Councilman Dozier. Councilman Dozier opposed the motion based on the principle that he did not think it was fair to allow some individuals to have a choice to opt out and not others. He stated that by allowing this it would weaken the position of every- one who had contributed to the Social Security System. Agenda Item No. 14-Appropriation adjustment for Sanitation fund for $16~000.00. Assistant City Manager/Director of Finance Van Dever presented and explained the appropriation adjustment. Councilman Boughton moved approval. Councilman Kelly seconded the motion which passed unanimously. Agenda Item No. 15-Consideration of a resolution honoring Ran Boswell. Mayor Halter read the resolution and stated that Mr. Boswell had served as City Manager of College Station for 22 years. Councilman Boughton moved approval of the resolution. Councilman Ringer seconded the motion which passed unanimously. Councilman Dozier expressed his appreciation of Ran Boswell and stated that he and the city will miss Mr. Boswell. Agenda Item No. 16-Consideration of support to the Metropolitan Planning Organization of Brazos County. City Planner Mayo presented the proposal. Councilman Dozier moved approval to authorize the Mayor's signature to give the TSM Program the City of College Station's endorsement. 0313 MINUTES Regular City Council Meeting Thursday, February 26, 1981 7:00 P.M. Councilman Kelly seconded the motion which passed unanimously. Agenda Item No. 17-Hear Visitors. No one spoke. Agenda Item No. 18-Closed session to consider land acquisition. The Council adjourned to closed session later to open to the public. Agenda Item No. 19-Action on closed session. Councilman Boughton moved to authorize the Mayor's signature on a release concerning previous litigation. Councilman Kelly seconded the motion which passed unanimously. Agenda Item No. 20-Adjourn. Mayor Halter adjourned the meeting. page 8 ATTEST: CITY SECRETARY APPROVED: /// // MAYOR ~ - - v Regulat- City Counci ! Meeti ng Thur'sday, Febt`uat`y 26, 1981 7:00 P.M. Regular City Counci 1 Meeting Thursday, February 26, 1981 7:00 P.M. PLEASE SIGN BELOW: 47. 49. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. page 2 50. 68. 51. 69. 52. 70. 53. 71. 54. 72. ..