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HomeMy WebLinkAboutMarch 17, 1992MINUTES Airport Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS City Hall Council Room March 17, 1992 7:30 P.M. MEMBERS PRESENT: Chairman Henry, Members Lane and Sawtelle, and Alternate Members De Otte and Phinney. MEMBERS ABSENT: Vice Chairperson Baker, Member Smith and Alternate Members De Loache and Kennady. STAFF PRESENT: Staff Planner Kuenzel, Assistant City Attorney Coates and Planning Technician Thomas. AGENDA ITEM NO. 1: Call to Order - Explanation and Functions of the Board. • Chairman Henry called the meeting to order and explained the functions and limitations of the Board. AGENDA ITEM NO. 2: Approval of minutes from the meeting of March 3, 1992 Mr. Sawtelle moved to table the approval of the minutes until the next available meeting. Mr. Lane seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 3: Other business. TRANSCRIPT Mr. Sawtelle: "I have a customer service issue to address and it's something that I feel very strongly about. It came to my attention two weeks ago that a meeting was being held at 4:30 and on the same day that we would hold a normal Zoning Board of Adjustments meeting. I told Natalie, 'Why are we doing this?', and her quote to me, I'm just paraphrasing what she told me, she said that it's more convenient for the Airport people and for the Board members and the staff. I said, 'Well, it's not convenient for me. I ve carved out of my life the 7:00 time zone to volunteer my time so that I can serve on this Board. I talked to Neal and I shared with Neal a conversation I had with Jane and Jane said that, Well Gib, we have to do this because it's more convenient and also there's people waiting who's jobs are hanging and they're waiting to get started on this project'. I told Neal, I don't understand where she's coming from, the difference between 4:30 and 7:00 is a couple of hours'. I don't understand what the major impact is. My concern here is that we pushed the meeting, for I don't know any good reason, to a time that is less convenient for the public to meet. And it was simply, as stated by the staff person, for the convenience of the Airport people, the staff and the ZBA members. The first priority in convenience of these meetings, in my opinion, is the public. Nowhere was that mentioned. I would like to move, or discuss at this point, whether or not we are going to adopt some sort of ground rules on how the Airport ZBA is going to operate. Currently, I understand, we are • operating without any sort of rules and I would like to see some rules enacted. And I would like to see them operate along the same guidelines as ZBA because, for one thing, we have without saying in so many words, we have established an expectation on the part of the public that this body will meet at a time that's after normal business hours where at least most people can meet. If I had a concern about that meeting, I could not have left work to go and express my view points. Unfortunately, my job takes precedence over sometimes my civic concerns about issues. And I really feel that whatever occurred at this damn meeting was not in the public interest and I feel that the staff and the chairman were negligent in calling the meeting for that time." li Chairman Henry: "Gib, the Airport Zoning Board of Adjustment is completely different from the Zoning Board of Adjustment. I think what Jane was trying to tell you, or at least if she didn't get it across to you was that, that really is a separate board even though we are a part of it. In the past, since I've been on the Board and been Chairman, generally staff will contact me on a time and ask would that be fine with me then she'll call the other members. What she's getting is a quorum, not necessarily of regular members. We met, since I've been on the Board in 1986, I recall three or four times maybe, I don't know you may have researched it, that we have met and it's all been in the afternoon. And again, the issue that we were dealing with was kind of a special condition, a special exception, and really didn't have anything to do with the interest of the public." Mr. Sawtelle: "I disagree. If it doesn't have anything to do with the interest of the public, then why is there a Board?" Mr. De Otte: "Because there's a law. Gib, slow down, would you stop trying to be confrontational with us almost every time we get together. I've been on this Board for almost two years now and the only time that I have ever seen confrontation is when you've been here. Now nobody, I don't think anybody wants to ignore what you're saying, but I am going to say that if you can't come in with a little more diplomacy, nobody's going to listen to what you have to say. I wasn't here, just try to be less confrontational and you'll find that these people are easy to work with." Mr. Sawtelle: "Robert, I don't take anything you say seriously when you come back like that because I feel that I am voicing a legitimate concern." Mr. De Otte: "I said fine, but you're coming across confrontational now. You've used language that wasn't necessary to be used tonight." Mr. Sawtelle: "You are too and you're coming across as being awfully arrogant and at this point, I'm not listening to a single work you're saying." Chairman Henry: "Well, Gib let me say that this is certainly something that can be discussed. We've operated, first of all, the Airport Zoning Board meets less than once a year. A 4:30 afternoon meeting again was to accommodate; it wasn't something that we put together and said that we wanted to have it at 4:00 or 4:30. It's not that important." Mr. Sawtelle: "So you said it's the Airport Zoning Board of Adjustments is not in the public interest. I want to get this right. I want to get down the words that you said." Chairman Henry: "No, no." Mr. De Otte: "No, that is not what he said." AZBA Minutes March 17, 1992 Page 2 Mr. Lane: "Let me respond to Brett's statement awhile ago, because I am very comfortable with what he said. The only thing that I would add to that is that particularly at that meeting, the nature of that request required expertise far above what our Board would have about Air Traffic control and FAA requirements, etc. And those were the outsiders who were privy to that whole process and we as a Board were totally relying on their information and their opinion, which was totally in concert with granting the request. And for us as concerned citizens or Board members, whatever, that be against fellow citizens who are specifically charged and much more capable of making those decisions it would be nuts." Mr. Sawtelle: "I don't disagree. My only point is that we moved a meeting up two and a half hours and nowhere was the public concern addressed. But, you've said that the Airport Zoning is not acting in the public interest. Chairman Henry: "No." Mr. Sawtelle: "What did you say then?" Chairman Henry: "I said, exactly what Mike was saying." Mr. Sawtelle: "Could I ask that the minutes be repeated on what he (Chairman Henry) said?" • Planning Technician Thomas: "I don't have the statement down word for word." Chairman Henry: "I'm not going to argue with you. I don't want to argue with you." Mr. Sawtelle: "Let me ask you this, the next time a meeting like this comes up, how is it going to be handled?" Chairman Henry: "Just like it was." Mr. Sawtelle: "So we may meet at 4:30?" Chairman Henry: "Exactly. We may meet at 4:30, we may meet at 6:30. Generally, the Airport Zoning Board of Adjustments has met at 4:30 or 5:00, something like that." Mr. Sawtelle: "Why was it critical that we move it two and a half hours?" Chairman Henry: "Because it is a separate Board." Mr. Sawtelle: "That's fine. But we weren't meeting as, we're a separate Board now, but we have a separate agenda tonight." Assistant City Attorney Coates: "Let me speak for staff for a moment. Because I got to talk to you (Gib) on that day and I also got to talk to Jane and later that afternoon I attended the meting. I know that on that day, you know you called our office and I got to talk with you, and that there were a lot of reasons why the meeting was held in the afternoon as opposed to the evening and perhaps in staff and the chairman's mind, the main reason was a traditional time. Another reason was because of the convenience to the applicant and to the two or three other persons who were here. It was also a convenient time for staff. As to the public interest, I know that I mentioned that the public interest is one of the reasons why we set times when we do and I mentioned that on that day. We've had all sorts of meetings in the City from Structural Standards Board to ZBA, whatever it may be, from 1:00 or 2:00 in the afternoon all the way until 7:00 or 8:00 at night. AZBA Minutes March 17, 1992 Page 3 If we do receive a complaint from the public that they cannot attend, or that these times are bad for them, I am sure that the staff and the chairman would take that very seriously. However, to the best of my knowledge, we have yet to receive any complaints." Mr. Sawtelle: "Well you received one from me." VJ 1* Assistant City Attorney Coates: "That's true, for the very first time the Airport Zoning Board of Adjustment meeting was not convenient to the public, however, from my talking with you that day, I understood that it was because you were at work and that you couldn't get off. Anyway, the staff is aware that was your statement that day and if we can work out something with you to help you be at the meetings in the future, to have them after 4:00 or 4:30, then perhaps we should consider that. But the reason it was set on that day, at that traditional time, was because that's the way it's been done in the past and that's been a convenient time for everybody involved and until that day we had never received a complaint that it was inconvenient. So, we didn't want to put anybody out, this was a kind of an after the fact thing that we found out." Mr. Sawtelle: "This last meeting's water under the bridge. My concern is, now I'm asking your opinion because you're the one that ultimately would potentially have to deal with any legal ramifications, would it be your advice that we adopt some operating rules for the AZB as we do for the ZBA and secondly is your opinion that AZBA is charged with operating in the public interest?" Assistant City Attorney Coates: "Sure. Every board is charged with operating in the public interest." Mr. Sawtelle: "Okay, this is contrary to what I've heard from the chairman." Mr. De Otte: "Negative. I heard what the chairman said and he did not say that they weren't acting in the public interest." Mr. Sawtelle: "So, what would you recommend for, how do we go about adopting," Assistant City Attorney Coates: "The easiest way is to let staff put a draft before the Board just like we've done with other rules and ya'll can kick them around and work them out." Chairman Henry: "Well, that's the way the times were set for the ZBA originally. In other words, there's no set time, state law doesn't say that we have to meet first and third Tuesday at 7:00." Assistant City Attorney Coates: "And occasionally ZBA has special meetings when they don't meet at 7:00." Chairmen Henry: "Gib, I think the main thing, here's the way that I took it, and the way that anybody else was called took it, and that s the way we've taken it for seven or eight years since I've been on the Board. It's like somebody calls me and we need to have a meeting for the Airport Zoning Board of Adjustments, we need to try to have it at 4:30 or 5:00, is that okay with you, can we meet then. It's okay with me, let's call the other members. They're charged with trying to get enough members to a meeting to have a meeting and that's it. You weren't neglected because you had to work." Mr. Sawtelle: "I don't care about whether or not I was here." Chairman Henry: "Well then what's the issue." AZBA Minutes March 17, 1992 Page 4 Mr. Sawtelle: "The issue is, what I told Neal and what I've told you all here tonight, the issue is times that are accessible to the public to come to public hearings. Hey, there's always going to be times when one of us is not going to be able to make it to a meeting. That's going to come up. And that's not why I'm, the issue here is that it was pushed up two and a half hours for not any good reason and we operate, even though we are two separate boards, we're the same people and there is this expectation that we as a group of people meet at a 7:00 time slot, something that's more convenient to most people in this community." Chairman Henry: "Well, I think we as a Board can look at something that the staff draws up, a set of guidelines." Mr. Sawtelle: "Well what do we need to do to push that in motion? See, that's what I want to work towards is some sort of solution so that we have," Chairman Henry: "I think that we can at least look at a set of guidelines that can be followed." Planning Technician: "Do you want us to draft these guidelines or do you want to look at the City Council's guidelines, because I know they meet at different times? On the annexation, they met at 4:00 on a Friday afternoon. I can get ya'll a copy of different guidelines to review and then direct staff at that time." Chairman Henry: "Let's take a look at what some of the other boards do. Get the Building Standards Boards, whether or not they have a set of rules, they meet at varied times. Let's take a look at what everybody else has and then go from there." Mr. Sawtelle: "From a customer service perspective, I guess here's the bottom line on my feelings behind this, what I heard from the staff is that there was not, nowhere was there mentioned we're going to be meeting at 4:30 because we have some people who have voiced a concern and its going to be easier for them to meet at 4:30. The public wasn't even mentioned as a player in this, and that's negligent. And according to our attorney, we operate as a Board in the interest of the public." Planning Technician Thomas: "Right, and Gib that's debatable whether you're saying that it's more convenient for the public to be there at 4:00 or it's more convenient for them to be there at 7:00. That's debatable, I'm not refuting that at all, the Council meets at different times, P & Z meets at different times, both ZBA and AZBA have met at different times to accommodate surrounding property owners, the applicant, staff and the members." Mr. Sawtelle: "But who's the priority person, that's my question, who's the priority person of all those players that you talked about, who's the first person? Let me ask Neal, who's the first person by our charge?" Chairman Henry: "There's really not a number one, two or three." Mr. Sawtelle: "Is there not or is it determined or implied?" Assistant City Attorney Coates: "I think that in any democracy, which we are being the state, the city, the citizens are number one. And on that day, I don't know how well Jane enunciated all the points, although there are many for having the meeting at 4:00, but I know I said it on that day, that the public interest was one of the factors that was considered and that's why the meeting was in the afternoon and not early in the morning or in the middle of the night in the first place." AZBA Minutes March 17, 1992 Page 5 Mr. Sawtelle: "Maybe that was thought of but it wasn't communicated." • Chairman Henry: "I know it was certainly thought of." Mr. Sawtelle: "What do we need to do as far as meeting again for this Board to look at some proposals? Do we want to tack it on to the next regular ZBA meeting?" Chairman Henry: "Yes, I don't want to make a special meeting just for that. Yes, let's put it on other business. I think certainly that every board member that was here would approve the minutes, but we certainly want to talk about it." Mr. De Otte: "Why not hold it off for a workshop when we might have both the board members and the alternates present." Chairman Henry: "Sure, I think it would be necessary to have all the members that we could present at a workshop like that. That way we wouldn't have to hold a public hearing." Mr. De Otte: "The next time we have a workshop we can tack it on the end. I mean you have these meetings on the average of once a year." Mr. Sawtelle: "That's probably soon enough is the next time we have a workshop." Planning Technician Thomas: "New appointments are scheduled for May and workshops in June. It could be set up then for the newly appointed members and alternates." Chairman Henry: "Yes, because again, the AZB doesn't meet often. Of course we may be • meeting more frequently with all of the new construction on campus." Mr. Sawtelle: "Do ya'll anticipate anything before the June or July workshop?" Staff Planner Kuenzel: "No." i AGENDA ITEM NO. 4: Adjourn. Mr. Sawtelle moved to adjourn the meeting of the Airport Zoning Board of Adjustment. Mr. Lane seconded the motion which passed unopposed (5 - 0). APPRO D: Chairman, rett enry AT C-1/"t~ It A-111 TP an 'ng echnic an, Natalie Thomas 1 • AZBA Minutes March 17, 1992 Page 6