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HomeMy WebLinkAbout11/07/1974 - Regular Minutes City CouncilMINUTES Called City Council Meeting November 7, 1974 7'00 P.M. MEMBERS PRESENT: Mayor O. M. Holt; Councilmen Dale, Gardner, Adams, Braven~c~, Dozier; Planning and Zoning Commission Chairman Longley; Commissioners Miller, Wallace, Chaney, Calliham, Boyett; Zoning Board of Adjustment Chairman Fredda Austin; Member Kathy Leabo; Director of Public Works Dulaney; Assistant Director of Public Works Ford; City Attorney Neeley Lewis; Director of Parks & Recreation Paul Wojciechowski; City Planner Koehler. MEMBERS ABSENT' Councilman Brison; Planning and Zoning Commissioner Stevenson. VISITORS PRESENT' See Guest Register. The meeting was called to order at 5'05 P.M. Agenda Item No. 1 - Jointj Me.eti. ng with the Planning a.nd Zoning Commission. Mayor Holt stated that the original purpose of the proposed committee was to review and suggest modifications to development control ordinances. The intent had been for the committee to carry out its function and be discharged, and then that the Council and concerned committees would review the recommendations. Planning Commission Longley said that the Planning and Zoning Commission minutes had stated the Commission's position. That is, that existing committees already covered these functions and that the council is required to make these decisions in any case. Commissioner Calliham stated that the Commission had not understood the purpose or the structure of the committee or its relation to standing committees. He asked if the committee was to consider the control ordinances stated in the memorandum or review all city functions. Councilman Gardner replied that the committee was intended to be a temporary committee to report and be discharged. While the committee was to be charged with certain specific functions, it was to retain flexibility. It was intended to be a group with an overview of problems pertaining to several standing committees. He stated that the committee could function without the Planning and Zoning Committee membership, but that he also felt that since the Planning Commission is most directly involved with the ordinances to be considered it should be represented. Commissioner Boyett asked what specific problems the committee was to identify, in what time frame would the committee operate and what allowance was to be made for varied opinions which might result from the committees deliberations. He suggested that as an alternative, the council might charge existing committees with the same study. Commissioner Chaney suggested that it would not be likely that the committee would be able to propose solutions to problems, however the committee could identify problems and charge standing committees with their solutions. Councilmar~ Dozier stated that this committee would make recommendation to other standing committees and that the purpose was to obtain input from those persons not presently involved directly in the city government. The Council had not adopted procedure organization, etc. in proposing the committee. Councilman Bravenec pointed out the advantage of having an independent perspective in evaluation of problems of existing committees. MINUTES, Called City Council Page 2 Councilman Dale suggested that the proposed committee would probably operate by subcommittees and that this committee should be able to expedite necessary changes in the ordinances concerned. Mayor Holt stated that the committee would be a problem defining committee and would be so charged. He said that the council remains fully responsible for any changes to be made in the ordinances and he felt that the committee should have the active participation of the Planning and Zoning Commission. He also said that the.__.committee would have the responsibility of its own organization. Planning Commissioner Calliham moved that the Planning Commission support the task force. The motion was seconded by Commissioner Wallace and unanimously approved. Chairman Longley appointed Commissioners Chaney and Boyett to serve as the committee members. Agenda Item No. 2 -- Appoin. t- .Bu_i_lding .Code...Board of Adjustme_nt. Mayor Holt pointed out that this had been considered at the last meeting and that specific requirements for members of the board had been discussed at that time. He recommended that the following members be appointed' Carroll Claycamp - Architect; Building Construction Faculty at TAMU; Environment Design. Teddy J. Hirsch - Research Engineer & Professor Civil Engineering. George Riley - Local realtor and builder. Paul M. Mason - Engineer Design Graphics Dept.; TAMU J. W. Sorenson - Agriculture Engineer; TAMU Councilman Dale suggested that the Board at their first meeting, draw for the staggered terms and elect their own chairman. Councilman Dale moved that the proposed membership be accepted by the council. Councilman Dozier seconded the motion and it was unanimously approved. Agenda Item No. 3 -- Consider appointment of task force members. Mayor Holt said that the council would begin the process of appointment with the Building Code Committee and the Safety Committee to appoint their members at a later time. Councilman Dale appointed W.D. Fitch. Councilman Gardner appointed Judy Finn. Mayor Holt appointed W. T. Riedel. Councilman Bravenec appointed Judy Phillips. Councilman Dozier and Adams stated that they would make their appointments later and would notify the City Manager. Mayor Holt appointed the following councilmen to the committee: Bravenec, Gardner and Dale with Councilman Dale to serve as temporary Chairman. The Planning and Zoning Commission members were to be Commissioners Chaney and Boyett. Mrs. Leabo was appointed from the Zoning Board of Adjustment. The following staff members were appointed as ex-officio members to participate in discussions, but not to be voting members; City Manager Bardell, City Planner Koehler, Building Official Dulaney, Assistant Director of Public Works Ford, Fire Marshall Davis and City Attorney Lewis. Mayor Holt charged the chairman to meet as soon as the remaining members were appointed and to organize this committee and elect a permanent chairman. He said that the name of the committee would be the Development Controls Review Committe~. MINUTES, Called City Council Page 3 Agenda Item No. 4 -- Report of committee on brochures. Mayor Holt pointed out that Councilman Brison, who is chairman of this committee was absent and therefore asked the consent of the council to defer this item until the next meeting. Agenda Item No. 5 -- Discussion of uses of hotel-motel tax. The City Attorney stated that in his opinion, the legislation involved was restrictive and that it would be necessary to comply with the statute as worded. Mayor Holt asked if it would be possible to commit the tax revenue to General Obligation bonds to serve the uses permitted by the statute. Councilman Gardner asked if beautification projects could be conducted with these funds. Councilman Bravenec asked if a multi-purpose facility such as a civic center could be built with these funds. The City Attorney replied that the funds could be committed to bonds as long as the bond funds would be used for permitted uses. Multi-use facilities and beautification would be allowable if it were done as a necessary part of a permitted use. Councilman Dozier moved to let the council make a preliminary investigation into the feasibility of a community center and ask for a legal opinion for the proposal thus generated. The motion was seconded by Councilman Bravenec and unanimously approved. Mayor Holt directed the City Manager to look for facilities in cities of comparable size and report to the City Council. Agenda Item No. 6 -- Consideration___ ...... of bids: _ ..f°r fen_ci~g the lighte_d- ballfield .... in Bee Creek Park. Parks '&' Recreation Director Wojciechowski advised that two bids had been received and opened on September 30th for the fencing. These were: $8,250 Ward and Jeter Service and Supply, Madisonville Watson Construction Company, College Station Mr. Wojciechowski recommended that the low bid of $8,250 be accepted. Councilman Gardner asked if the council had authorized the fencing, and if so, why? Mr. Wojciechowski replied that the lighted ballfields were intended to be a high quality multi-use facility for organized sports and that the fences were necessary for that use. Mayor Holt pointed out that it is intended that the ballfields be highly maintained and that the fences were necessary to keep incidental traffic off of the field. Councilman Dale moved that the council accept the low bid of $8,250 from Ward and Jeter Service and Supply as recommended by the Parks & Recreation Director. The motion was seconded by Councilman Adams and unanimously approved. Agenda Item No. 7 -- Other business. Councilman Bravenec suggested that the City Council review the City Attorney's opinion concerning the adequacy of the petition presented at the previous meeting. He suggested that the wording of the statute was unclear and the council should ask the Attorney General's opinion of the interpre- tation of the statute. Mr. Thomas Kozik stated that when the petition was presented, it was intended to show the feeling of the citizens involved and that his interest now was authoritative · interpretation of the meaning of the statute. Ort '65 MINUTES, Called City Council Page 4 Mayor Holt pointed out that the City Attorney's opinion was not based upon a technicality, that the purpose of requiring submission in advance of the meeting was to allow the city to assess the adequacy of the petition. He stated that the city was compelled to operate within the statues in the interest of all parties concerned. He further stated that the area represented in the petition had been found to be less than the required 20%. Councilman Dozier and City Attorney Lewis agreed that it would be appropriate, before asking the opinion of the Attorney General, for the representatives of all parties concerned to meet and to clarify questions that was to be asked of the Attorney General. The Council consented to propose that City Attorney Lewis, a representative of the petitioners, Councilman Bravenec, Councilman Dozier and a representative of Mr. Seaback meet to determine and recommend to the council the action to be taken in this matter. Agenda .It.em No. 7 -- Adjourn. Councilman Dozier moved that the meeting be adjourned. Councilman Bravenec seconded the motion and it was unanimously approved. ATTEST City Secretary APPROVED Mayor