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HomeMy WebLinkAbout10/27/1983 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Boughton, Anderson, McIlhaney, Reinke, Runnels COUNCIL MEMBERS ABSENT: STAFF PRESENT: Councilman Prause City Manager Bardell, City Secretary Jones, Director of Planning Mayo, Assistant Director of Planning Callaway, City Attorney Denton, Assistant City Attorney Locke, City Engineer Pullen, Deputy Finance Director Schroeder, Purchasing Agent McCartney, Parks Director Beachy, Forestry Superintendent Ploeger, Assistant Parks Director Czimskey, Aquatics Superintendent Szabuniewiez, Parks Maintenance Superintendent Whatley, Recreation Superintendent Rodgers, Athletic Supervisor Fain, Council-Coordinator Jones VISITORS PRESENT: See guest register. Agenda Item No. 1 - Approval of the minutes of the Workshop City Council Meeting, Wednesday, October 12, 1983, and the Regular City Council Meeting, October 13, 1983. Councilman Boughton stated that on the minutes of October 12th, page 2, the last paragraph, the street "FM 2154" should read "Jersey". Councilman Reinke stated that on the minutes of October 13th, page 2, the second to the last paragraph, the word "gotten" should be deleted from the second sentence. She further stated that on page 4, the eighth paragraph, she would like to add "that the fiscal impact study shows that the industrial property will not generate as much revenue for the school district as will the residential property". Councilman Boughton moved approval of the minutes with the above corrections and additions. Councilman Runnels seconded the motion which was approved unanimously, 6-0. Agenda Item No. 2 - Public hearing on the question of rezoning Lot 14 Block T University Park Section II from Apartments Low Density District R-4 to Administrative-Professional District A-P. Application is in the name of J.W. Wood (83-115). REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 PAGE 2 Assistant Director of Planning Callaway presented the item. He stated that the applicant is requesting that the property be rezoned from Apartments Low-Density R-4 to Administrative-Professional A-P. He explained that the requested zoning is compatible with adjacent zoning uses and that Multi-family and Administrative-Professional uses have similar daily traffic generation with higher peak hour traffic generation with Administrative-Professional uses. He further stated that although the two districts are compatible, this arrangement would not be consistent with the step down in land use intensities reflected in the City's plan/policies. He stated that the Planning and Zoning Commission recommended approval by a vote of 4-3 on October 6, 1983. Mayor Halter opened the public hearing. Mr. J. W. Wood, the applicant, spoke in favor of the rezoning. He stated that R-4 and A-P zonings are compatible and that the traffic load is about the same. He thanked the Council for their consideration of his requests. Mayor Halter closed the public hearing. Agenda Item No. 3 - Consideration of an ordinance rezoning the above tract. Councilman Runnels moved to approve Ordinance No. 1464 rezoning the above tract. Councilman McIlhaney stated that a lot of time had been spent developing the Comprehensive Plan - Plan 2000 and she hated to see it changed. Councilman Runnels stated that he thought the rezoning would work because it is the last piece of property. Councilman Anderson seconded the motion which passed by a vote of 4-2. FOR: Mayor Halter, Councilmen Anderson, Boughton, Runnels. AGAINST: Councilmen McIlhaney, Reinke. Agenda Item No. 4 - Public hearing on the question of rezoning a 3.00 acre tract of land lying and being situated in the Morgan Rector League and s~ecificall~ located on the north side of Krenek Lane ap~roximatel~ 920 feet west of the intersection of Krenek Lane and the State Highway 6 East Bypass, from Single Family Residential District R-1 to A~artments Medium Density District R-5. Application is in the name of J. W. Wood (83-116). Assistant Director of Planning Callaway presented the item. He stated that the tract is located on the north side of Krenek Lane approximately 920' west of State Highway 6. He stated that the area is predominately vacant with some low density residential uses to the west and that Central Park is located to the south across Krenek. He further stated that the Comprehensive Plans refer to this area as low density residential. He 00 115 REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 PAGE 3 explained that in 1981 a study was conducted of the area bounded by Texas Avenue, State Highway 30, and the East By-pass and that the land use recommendations of the group were incorporated into the Comprehensive Plan - Plan 2000. He stated that the group recommended that the area around Central Park remain low density. He stated that the staff recommends denial of this request for the following reasons: (1) Request is not in compliance with mentioned Plans; (2) Approval could establish a precedence for higher density development in an area which does not have adequate street and sewer capacity; (3) Densities in the development to the north of this area were stepped down in the southern portion to comply with the Plan and be compatible with low density development in the area. He further stated that the Planning and Zoning Commission recommended denial be a vote of 7-0 on October 6, 1983. Mayor Halter opened the public hearing. Mr. J. W. Wood, applicant and owner of the tract, spoke in favor of the rezoning. He expressed his opinion that Central Park has commercial use, with heavy traffic, many lights and loud noises. He stated that zoning other than R-1 may be appropriate and suggested that his request be sent back to Planning and Zoning Commission to see if they can settle on something other than R-5 zoning. Mayor Halter closed the public hearing. He asked Mr. Wood if the proposed use of this tract is for a fraternity house. Mr. Wood replied affirmatively to the question. Agenda Item No. 5 - Consideration of an ordinance rezoning the above tract. Councilman Runnels moved to deny the request for rezoning of the above tract. Councilman McIlhaney seconded the motion which was approved unanimously, 6-0. Mayor Halter questioned whether R-1 zoning is compatible with the use of the park. Agenda Item No. 6 - CONSENT AGENDA: BIDS:Consideration of Bids for miscellaneous transformers. PLATS: Final Plat - T. J. Addition Preliminary Plat - Timber Ridge Addition PARKLAND DEDICATION: Emerald Forest Subdivision 11_6 REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 PAGE 4 Councilman Reinke requested that the preliminary plat for Timber Ridge Addition be removed from the consent agenda. Mayor Halter stated that the Council requests that the final plat for the T. J. Addition be removed. Councilman McIlhaney requested that the parkland dedication for Emerald Forest Subdivision be removed. The bid for miscellaneous transformers was approved by common consent. Final Plat - T. Jo Addition Director of Planning Mayo presented the item. He stated that the subdivision is located on the east side of the East By-pass on the north side of Sebesta Road. He further stated that the staff recommends approval of the plat with an additional 10' right-of-way along Sebesta Road. Councilman McIlhaney asked if the preliminary plat was approved on that basis. Director of Planning Mayo stated that a preliminary plat is not required for a re-subdivision. Tony Jones, owner of the property, stated that he had worked with the staff and had dedicated a 20' utility easement to allow the city enough land for widening Sebesta Road. He expressed his opinion that if the city widens Sebesta it is only fair that the land be purchased rather than taken from the property owner. Councilman Runnels asked if the procedure for recommending a 10' right-of-way is different from usual procedure. Director of Planning Mayo stated that it is the usual procedure. Mr. Jones stated that this procedure is detrimental to property owners and is unfair. Councilman McIlhaney stated that she perceives a problem with other property owners approaching the city and expecting to be paid for right-of-way. Director of Planning Mayo stated that is a possibility. Councilman Anderson moved approval of the final plat for the T. J. Addition with a 20' utility easement rather than a 10' right-of-way. There was no second for this motion. 11 7 REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 PAGE 5 Councilman McIlhaney moved approval of the final plat for T. J. addition as recommended by the staff and Planning and Zoning Commission with a 10' right-of-way shown. Councilman Boughton seconded the motion which passed by a vote of 5-1. FOR: Councilmen Anderson, Boughton, McIlhaney, Reinke, Runnels. AGAINST: Mayor Halter. Preliminary Plat - Timber Ridge Director of Planning Mayo presented the item. Councilman Reinke questioned the staff's recommendation to abandon the right-of-way for Westover and Berkeley south of Dominik. She asked why Rhett Butler had not been extended to Westover. Director of Planning Mayo stated that a number of citizens had been opposed to the extension. Councilman Reinke asked if the preliminary plat is approved will the right-of-way be abandoned. Director of Planning Mayo stated that it is a separate issue and approval of the preliminary plat will not have any effect on the right-of-way. Councilman Boughton moved approval of the preliminary plat for Timber Ridge Addition. Councilman McIlhaney seconded the motion which passed unanimously, 6-0. Parkland Dedication - Emerald Forest Subdivision Councilman McIlhaney asked if this tract was the only land being dedicated and if the city accepts it will the city be responsible for maintenance. She asked if the staff is recommending that this land be accepted as parkland dedication. Parks Director Beachy stated that the staff is recommending that the parkland dedication be accepted and that if it is approved then the city will be responsible for maintaining it. Councilman Runnels asked if the piece of property in Raintree Subdivision belonged to the city. Parks Director Beachy stated that the property had been given to the city as a gift from the developer. Councilman McIlhaney moved to approve the parkland dedication for the Emerald Forest Subdivision. 00/ 118 REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 PAGE 6 Councilman Runnels seconded the motion which was approved unanimously, 6-0. Mayor Halter stated that the developer is dedicating the property by his own volition, as the city's parkland dedication requirements are in litigation. A~enda Item No. 7 - Consideration of an Ordinance relating to employee benefits. Personnel Director Gray stated that the proposed retirement benefits for city employees will involve a cost increase, but it will be within the city's budgeted means. Councilman Runnels asked if the increase in cost is in the budgeted means because the city is not fully staffed. Personnel Director Gray stated that the city is not fully staffed. He pointed out that the proposed program will increase the cost by .37 of one percent from 4.01 to 4.38, which remains within the budgeted five percent. Councilman Boughton asked if the ordinance will include increases for employees already receiving retirement benefits. She asked if there have been any previous increases. Personnel Director Gray stated that an increase had been approved in 1977. After further discussion, Councilman Boughton moved approval of Ordinance No. 1465 increasing employee retirement benefits. Councilman Anderson seconded the motion which was approved unanimously, 6-0. A~enda Item No. 8 - Consideration of Approval of 1984 Recreation Fees. Parks Director Beachy presented the item. He stated that the Recreation Fees for 1984 had been recommended by the Parks and Recreation Board. He stated that the new fee structure addresses organizations not sponsored by the city, such as Little League, girls softball, and soccer. He indicated that all other fees are derived from costs relating to activities and that activities organized through the parks department are charged an administrative fee. Councilman Runnels asked what the total increase over the prior year's budget will be if the fees are approved. Parks Director Beachy stated that the $5.00 users fee was derived from maintenance and facility costs. Councilman Reinke referring to the financial summary stated that the general fund revenues from youth and adult teams appeared to be strictly 00 119 REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 PAGE 7 from registration fees. She inquired about the percentage of the general fund that was obtained through registration fees. Parks Director Beachy stated that the amount was funded nearly 100 percent from registration fees. Councilman Runnels asked what the registration fee will be if the users fees are implemented. Parks Director Beachy stated that the registration fees will be based on last year's registrations. Councilman McIlhaney asked what the miscellaneous park revenue fund consisted of. Parks Director Beachy replied that it is funded primarily from rentals, tournaments, vending machines, etc. Councilman McIlhaney stated that other cities included in the survey did not charge users fees and did not provide any of the services that the City of College Station provides. She inquired about how the groups using park facilities obtained these services. Parks Director Beachy stated that each city is unique in how they deal with the situation. Councilman Runnels stated that $60,000.00 out of the $1,000,000.00 in total revenues is funded through youth and adult groups sponsored by the city. He asked if the new fee structure was expanded to include those groups which are not sponsored by the city and pay no fees. Mayor Halter stated that if the fees are approved for those groups who are not presently paying any fees the increase will be approximately $7,300.00. Councilman Runnels stated that he felt that certain groups were singled out to pay these users fees because they were easily identifiable. Mayor Halter explained that the parks system can be financed either through service charges and fees or property taxes. Parks Director Beachy stated that these groups were singled out because they have facilities dedicated to them at specific times. Councilman Runnels asked why the parks department wants to charge users fees to recover maintenance and facilities costs and fire service does not. Mayor Halter stated three reasons for charging identifiable organizations users fees. (1) Is it possible to exclude people from non-payment. (2) Does the cost of collecting exceed the revenue generated. (3) Does their use of a facility preclude other groups from the use of the same facility. 00~t 20 REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 PAGE 8 After further discussion, Councilman Reinke asked why the cost of youth basketball had been increased to $20.00. Parks Director Beachy explained that the fee last year was a combination user-sponsor fee and that this year the sponsor fee had been dropped because they had become increasingly harder to find. Councilman McIlhaney asked about additional funds raised from concessions. Parks Director Beachy stated that the concessions at Central Park Softball Complex netted approximately $20,000.00 during the nine month playing season. Robert Sielken, Vice-president of the soccer club, stated that their organization is a non-profit, volunteer club and the members of the club feel that the proposed $5.00 users fee is inappropriate. He explained that the soccer club's only use of the park facilities is the land and that the club has contributed to the city by purchasing the soccer goals at Anderson Park and the new Southwood Athletic Park. Dr. Jim Lindsay commented that the recreation of youth is regarded as education and that it should be funded through property taxation rather than users fees. Ron Treat, trustee of College Station Little League, stated that the proposed users fee posed an unique problem for the organization. He explained that the National Headquarters will not allow a fee greater than $15.00 per child or $25.00 per family to be charged. He stated that the organization suggests that the city take over the concessions to offset the proposed users fee. Councilman McIlhaney asked what equipment the Little League donates. Mr. Treat stated that the Little League furnishes all equipment used for playing. He further stated that the organization initially owned the Wayne-Smith Park, but sold it to the city for a token amount. The Little League provides the labor for lining the fields. City Manager Bardell stated that the Little League raises funds through sign rental to sponsors and that this may be in conflict with the city sign ordinance. He explained that this issue will have to be addressed. Dara Childs stated that the proposed users fees are not in the best interest of the parks department. David Reed, President of the Girls Softball Association, stated that the community has supported the parks department's efforts in the past and that he feels the fees will have a negative impact on future requests for funds for park development. 00 .121 REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 PAGE 9 Randy Scott spoke in opposition to the proposed fees. Ms. Sally Kirk asked if the $5.00 user fee will have a ceiling or increase each year. David Ken stated that the parks programs should come from taxes rather than users fees. Sherman Click, soccer coach for six years, stated that the programs for the children and young people should not be covered by users fees. Frank Clark, Vice-president of College Station Little League, stated that he hoped the parks department could operate the concessions to offset the users fees. John Crompton, member of the Parks and Recreation Board, stated that there was false criticism of the staff because the suggestion for users fees was strictly the Board's initiative. He stated several reasons why the Board voted to recommend the users fees: (1) The majority of citizens are non-users of the parks facilities. It is not right for non-users to have to support users participation. (2) The fee structure should be equitable. (3) The argument that poor children cannot afford to participate is untrue. There are organizations that subsidize these children. Mr. Crompton pointed out two options that the Council could consider: (1) (2) Reduce children's fees with regard to other athletic acitvities to make the system more equitable. Endorse the fee schedule totally. He further stated that the Parks and Recreation Board strongly advocates the installation of users fees. Steve Parker stated that he favored abolishing users fees. Mayor Halter closed the public discussion. Councilman Anderson moved to accept the 1984 fee structure with the deletion of users fees for Little League, soccer, and girls softball. Councilman Boughton stated her complete agreement with the Parks Board. She explained that it is mandatory for municipalities to look toward other sources of funding besides raising taxes. She stated that the parks system makes College Station a unique and nice city to live in and it benefits each citizen. She explained that at a meeting with the trustees from the 00 122 REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 PAGE 10 Little League it was suggested that the city take over the concessions to help subsidize youth sports. Councilman Boughton amended the motion to include authorization for the parks department to operate the concessions at Southwood Athletic Park for a year. Councilman McIlhaney seconded the motion and added that she would like to assess the situation in a year and see if there is still a need for the requested fee. She further stated that if the fee becomes necessary then the concessions will become negotiable again. Councilman Runnels stated that he would vote for the motion, but that he has problems with singling out groups because they are identifiable. He suggested that a more equitable system be established. Mayor Halter stated his concern that at some point the parks program will have to be cut back because taxpayers are demanding a decrease in their taxes. He pointed out that the cost of the Parks Building was less than a standard office building. The motion was approved unanimously, 6-0. Agenda Item No. 9 - Consideration of the Ratification of the Parks & Recreation Board By-Laws. Parks Director Beachy presented the item. He stated that these By-Laws are the ones the Board has been operating under, but they are subject to ratification by the Council. He pointed out that the Board had reviewed the By-laws at two consecutive meetings. Mayor Halter asked a question dealing with Section I, Article III, about the appointment of a chairman for the Board. He inquired about the procedure used for posting notice of meeting. Parks Director Beachy stated that the Council appoints the chairman of the Board and that the posting of the notice of meeting is handled through the City Secretary's Office. Councilman Reinke inquired about the term of office and any limitations imposed on the number of terms an appointee can serve. Mayor Halter stated that the term is two years and that the only committee limited to one term is the Planning and Zoning Commission. Councilman Boughton moved to ratify the Parks and Recreation Board By-laws. Councilman Reinke seconded the motion which was approved unanimously, 6-0. Agenda Item No. 10 - Consideration of an Ordinance amendiq~ Chapter 11 00 .123 REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 PAGE 11 Section lB and iD of the City Code relating to utility deposit requirements. The Council removed this item from the agenda. Agenda Item No. 11 - Consideration of an Ordinance relatin~ to FERC and PURPA. The Council removed this item from the agenda. Agenda Item No. 12 - Consideration of an Amendment to Section 16, Chapter 1 of the Code of Ordinances relatin~ to the discharge of firearms within the city. City Attorney Denton presented the item. He stated that the change will allow persons on properties appropriately situated, to use firearms. Councilman Runnels asked if the term "bow and arrow" is used in the conventional sense. Assistant City Attorney Locke stated that it has the conventional meaning and that the term was added because some questions had been raised concerning them. Councilman Reinke asked if the penalty section had been changed. City Attorney Denton stated that it had not been changed. Councilman McIlhaney asked if it would be possible to require persons using firearms on appropriately situated property to register with the city. City Attorney Denton drafted a section into the ordinance which will require persons to register with the city. He requested that it be made part of the record: "B. REGISTRATION 1. The owner(s), tenant(s), or person(s) with the effective consent of the owner(s) and any tenant(s) shall make application with the Chief of Police or his delegate specifying the above enumerated exception(s) of which he intends to take advantage. 2. The Chief of Police or his delegate may deny the granting of an application where he believes that there has been or will be a failure to comply with the intent of the ordinance. In the event that an application is denied, applicant shall have the right to appeal to the City Council and receive a hearing at the next available City Council meeting 00 t2/ REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1983 PAGE 12 where the item may be posted according to the requisites of the Texas Open Meetings Act. 3. In the event an individual fails to make an applica- tion and obtain approval of the Chief of Police or his delegate, then none of the above enumerated exceptions are available as a defense to prosecution." Councilman Boughton moved approval of Ordinance No. 1466 relating to the discharge of firearms. Councilman McIlhaney seconded the motion which passed unanimously, 6-0. Agenda Item No. 13 - Hear visitors. No one spoke. ~enda Item No. 14 - Closed session to discuss pending litigation [6252-17(e)]. The Council moved to closed session and later reopened to the public. Agenda Item No. 15 - Action on closed session. the Council took no action on closed session. Agenda Item No. 16 - Adjourn. Mayor Halter adjourned the meeting at 10:34 p.m. ./ Approv,e~''~. // · Gary 'Eal~, Mayor %tte st: /~ i Dian' Jones, ~t~ Secretary 14, GUEST REGISTER REGULAR CITY COUNCIL ~IEETING OCTOBER 27~ 1983 7:00 P.M. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 15. 32. 16. 33. 17: 34. 00~ 126