The URL can be used to link to this page

Home My WebLink About11/30/1993 - Special Minutes City CouncilMAYOR Larry J. Ringer MAYOR PRO-TEM Fred Brown crrY MANAGER Ron Ragland COLLEGE STATION COUNCILMEMBERS Hub Kennady Lynn Mcllhaney Vernon Schneider David Hickson Nancy Crouch MINUTES CITY COUNCIL SPECIAL MEETING WITH PARKS AND RECREATION BOARD TUESDAY, NOVEMBER 30, 1993 5:30 P.M. COUNCILMEMBERS PRESENT: Mayor Ringer, Councilmembers Schneider, Hickson, Mcllhaney, Crouch, and Kennady COUNCILMEMBERS ABSENT: Councilman Brown PARD BOARD MEMBERS PRESENT: Marci Rodgers, Gayle Schmidt, George Dresser, Ron Gay, Mike Winner, Carol Reynolds, Deborah Webb STAFF PRESENT: Assistant City Manager Brymer, City Attorney Locke, City Secretary Hooks, Public Information Officer Calliham, PARD Director Beachy, Asst. City Manager Woody, Asst. City Engineer Morgan VISITORS PRESENT: Refer to guest register Agenda Item No. I - Approval of an ordinance abandoning an alley and street right of way at 602 Bell. Applicant, Jerry Cooper Assistant City Engineer Veronica Morgan explained the request for abandonments as well as a license to encroach into the new public utility easement for a garage structure. Staff recommended granting the abandonment and license to encroach. Councilman Schneider made the motion to approve Ordinance No. 2041 granting the abandonments and license to encroach. The motion was seconded by Councilman Mcllhaney which carried unanimously, 6-0. Agenda Item No. 2 - Discussion of proposed parks master plan. Before discussion began, dinner was served to everyone present. City of College Station, Texas Providing Customer Service Excellence Council Special Meeting Tuesday, November 30, 1993 Page 2 Gayle Schmidt presented the priorities and responses from the City Council based on the questionnaire each member completed in October. Councilmembers discussed their City responses. This meeting served as a "brainstorming session" for the Council and Parks Board to discuss their ideas. Question 1 A: What changes, if any do you recommend for the Parks and Recreation Department? 1. Broaden age range of participation 6 yes 2. Print fewer T-shirts per year 6 no 3. Implement regular customer surveys 6 yes 4. Hire expertise that can work with more than just sports teams 1 yes, 5 no 5. Combine activities such as Open House/Festival and Christmas Lighting 5 yes, I no 6. Work with other city entities such as school programs and work with CSISD on neighborhood recreation centers 6 yes 7. More passive programs and activities 6 yes 8. Underwrite capital improvements and cost of service 6 yes 9. More involved with tourism 4 yes, 2 no Question lB: What changes, if any do you recommend for the Parks and Recreation Board? 1. Proactive visioning and long range planning. 2. Help market PARD to the community. 3. More interactive role with parks users. 4. Orientation of new members, park tours, establish calendars 5. Seek a range of age, expertise, and demographics of board 6. Work more closely with Bryan, TAMU, Brazos County 7. More awareness of city council policies/activities 8. Monitor CIP Bond programs related to PARD 9. Have each board member head citizen input committee 10. Follow parliamentary procedures 6 yes 2 yes, 4 no 5 yes, 1 no 6 yes 5 yes, 1 no 6 yes 1 yes, 5 no 6 yes 2 yes, 4 no 2 yes, 4 no Question 2. Identify specific needs for neighborhood parks. 1. Water play feature for kids 2. Seating in conversational groupings 3. Biking trails and jogging trails 4. Communication centers for information about the city in neighborhood parks 5. Recreation centers for teens/elderly attached to schools 6. More flowers, shade trees, grass, native plants, berries 7. Install irrigation systems where appropriate 8. Increased safety measures and security and area lighting 9. Active and passive leisure activities 10. Monitor specific neighborhood needs 11. More open space and play equipment 12. BBQ pits and tables for families and groups 3 yes, 5 yes, 6 yes 4 yes, I yes, 6 yes 6 yes 5 yes, 6 yes 6 yes 6 yes 3 yes, 3 no I no 2 no 5 no 1 no 3 no City Council Special Meeting Tuesday, November 30, 1993 Page 3 Question 3. Identify specific needs for community parks. 1. More shelters/picnic areas 6 yes 2. Adequate parking 6 yes 3. Basketball, tennis courts, ballfields, and practice fields 6 yes 4. Areas for activites such as kite flying, etc. 5 yes, 5. Community Recreation Center 5 yes, 6. Playground equipment 6 yes 7. Monitoring of specific neighborhood needs 2 yes, 8. Flowers, trees, irrigation systems 6 yes 9. Water features and fountains 4 yes, 10. More space for mini cultural events 4 yes, 11. Hike, bike, nature trails 6 yes 12. Innovative play areas 6 yes 13. Art work 6 yes I no I no 4 no 2 no 2 no Question 4. Identify major initiatives for 2010. 1. Lake with road around it and boating/fishing facilities 4 yes, 2 no 2. "Bush" Gardens, Botanical gardens 6 yes 3. Aggieland theme park 2 yes, 4 no 4. Heritage park and area 6 yes 5. Stanley Park - drive around Lick Creek I yes, 5 no 6. Public golf course 6 no 7. Zoo 6 no 8. Greenbelt, Linkages, easements, etc. 6 yes 9. Landscape major entry ways into city 6 yes 10. More senior citizen facilities 6 yes 11. Facility attractive to keep Bush Library visitors in town I yes, 5 no 12. Development of Lick Creek Park 4 yes, 2 no 13. New conference center 2 yes, 4 no 14. Continuation of Wolf Pen Creek plan 6 yes Councilman Hickson was dismissed from the meeting. Question 5. What populations or specific programs will need to be added, deleted, or modified in the recreation division? 1. Programs for senior citizens 2. Community centers, similiar to Lincoln Center 3. Make athletic programs more self supporting 4. Programs for teens other than sports 5. More activities geared toward pre schoolers 6. Outward Bound programs 7. Teen Center Disco Board, something for 14-18 year olds 8. "Passive" leisure for adults after working hours 9. At Risk Youth programs 10. Carnival and circus programs 5 yes 4 yes, I no 5 yes 5 yes 2 yes, 3 no 5 yes 5 yes 5 no 5 yes 2 yes, 3 no City Council Special Meeting Tuesday, November 30, 1993 Page 4 Question 6. Identify ways to collaborate with various entities in the community. 1. Work with Schools/TAMUIOlympic sized indoor pool and recreation center 2. Use of Junior High School for community swimming lessons 3. Work with TAMU to develop historic home park 4. Work with TAMU to develop park facility west of Wellbom Rd. for students 5. Work with TAMU/Brazos Valley Arts Council to develop art in the parks 6. Work with Bryan on the development of an ice rink, theme park, water park 7. Work with Bryan and County to develop horseback riding trails 8. Work with Bryan and County to develop county fair 9. Develop Barbara Bush Park with other entities 10. Continue program and parks and schools joint development 11. Brazes Vallley Recreational Lake 12. Applying for grants with other organizations and fund raising 13. More open channels with end users 14. Park User meetings on a semi annual basis 15. Surveys through the mail 4 yes, 1 no 5 yes 5 yes 4 yes, I no 4 yes, I no 2 yes, 3 no 2 yes, 3 no 3 yes, 2 no 5 yes 5 yes 2 yes, 3 no 5 yes 5 no 5 no 5 yes Gayle Schmidt announced that the council shall rank these items in the near future. Gayle Schmidt will follow. George Dresser presented the City Council with an outline depicting the Master Plan. He also mentioned the schedule. Mayor Ringer and the City Council thanked the PARD Board for their worthy efforts in this long range planning process. PARD Director Steve Beachy thanked the Board for their leadership role and also the PARD staff for their time toward this project. A~enda Item No. 3 - Discussion of Perpetual Item: Bud.qet: ClP and Debt Service The City Council held a brief discussion about their budget philosophies. Their focus was directed toward additional revenue sources. Mayor Ringer asked the Finance and Budget Subcommittee to meet with staff and develop several scenarios for a fund accumulation for the CIP and Debt Service Fund. Additionally, address the question of what portion of our general fund should be ad valorem and report back to the Council with recommendations. AQenda Item No. 4 - Adjourn. Mayor Ringer adjourned the meeting at 8:00 p.m. City Secretary Connie Hooks 'i," L"_,: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO- . ',,--,-: RIZlNG THE MAYOR OF THE CITY OF COLLEGE STATION TO EXE- ,.' ..¢ CUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE -' "/--~. STATION AND APPLICANT JERRY COOPER, PERTAINING TO THE ~.._... ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 1 AND LOT 2, BLOCK 19, COLLEGE PARK, MORE COMMONLY KNOWN AS 602 ,;;.... t BELL STREET, INTO THE EASEMENT. ,',. -- WHEREAS, the City of College Station, has received an application for a -"- license to encroach into a utility easement; -'-'.__:. "', · :..-.'-- WHEREAS, the City of College Station has enacted Ordinance No. 1645 .----_: ~' -- regulating, controlling and governing encroachments; __..- WHEREAS, in order for a license to be granted by the City Council of the ~..?..~ t.~..- City of College Station, the Council must make certain findings of facts; ~' ' .... WHEREAS, after hearing the application of JERRY C. COOPER and "-..-~.." ""'~ CAROLE A. COOPER to encroach into the easement, the City Council of .~.~.,,, ,;. the City of College Station, finds the following facts: ..~.~..?,~,. ~,,:-~, 1. Through no fault of the present property owners, a portion of ~.' the structure was constructed in the utility easement. ~',',:' ¢~ ' 2. That there are no utilities which would be interfered with by .... . the utilization of the property in its present status. ,"--"----:" ?. ... ~.. ----. 3. That there are no utilities which would interfere with the uti- .~---_--.-. ~:~' '~ :' lization of the property in its present status. 4. That the structure intrudes into the easement to such a de- / '~'~-'.. gree that it is not economically feasible to remove the part of (;', the structure within the easement. . ""-'~'. 5. That the land use in the neighborhood appears to be stable ~ .... ~"' ':'-:-~-~ and the use to which this property is being put is not likely to ,.---..., ?: "- change within the foreseeable future and is similar to the .-......'] "-.'. :- use to that of the neighborhood; ..... ./ ...... WHEREAS, the City Council after hearing the application and finding the '_- specific facts as stated above now concludes and finds that: '-' , ':'>' ."~ 1. The fact that the structure was constructed within the ease- ~,.-',.,, ~ economically remove part ':~ ment through no fault of the present property owners and "-': """-':-- that it is not feasible to the of the -~ structure within the easement area does constitute special ':..,< "'. '~' Resolution No. ].].-30-93-:]. p~'~." · '"-;: circumstances and conditions affecting the property which if .:-..-. not take into consideration would deprive the applicants of .... , ', .,..i the reasonable use of their property. I~ " ,.:'('..- 2. lhe fact that the land use is not likdy to change within the -'.~.'~.'. ~'~?.: "'-- foreseeable future and that it is not economically feasible to ,::,.,:j! remove the part of the structure within the easement does !~".~.--.-' provide a basis for granting the licanse necessary for the ~.--,:~ .... (,; - preservation and enjoyment of the substantial property right '.-'~"', '~' ,' -.~,..; -'_--__.' of the applicants. .~---.,' · ,~i ' ,'.~ ~ · ..~:. 3. The fact that the use of the easement area by the property .'.".:":.". ,: -... owners does not interfere with the utilities or access to the ;. -.. utilities and is not detrimental to the public health, safety or - :-~- I ' welfare or injurious to the property in the area; and ~'~:'- WHEREAS, the applicants agree to accept the terms of the license "" -' agreement as presented to them; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ~.;..._.. THE CITY OF COLLEGE STATION: ?..:..-'.'"~'- .",,':.~ '",, .T.,: I. {,~: -- That the Mayor is hereby authorized to execute on behalf of the City of ?.._.;. ~.~ ' -"' College Station a License Agreement with JERRY C. COOPER and i,::.,~l CAROLE A. COOPER, pertaining to the encroachment of a portion of a · ~--- structure located at Lot 1 and Lot 2, Block 19, College Park, more com- .' ":: monly known as 602 Belle Street, into the easement area. The terms of said License Agreement are as set forth in the form which is attached ~, :~,';~ . hereto as Exhibit "A" and incorporated herein by reference for all par- i~,,l:~,'~.,,', f.~, poses....~?-~... (.i' .=-:.. ;,, ..,.. :.---"That this resolution shall be effective immediately upon adoption. ....~_., .~ PASSED and APPROVED this day of November, 1993. i,-- '.. , <~.- ATTEST: APPROVED' ,,'~',.~ ~ f ~ . ,~ I1" ,,,'~' .~, ' '_~'7. ' ~:.- - -.~. L;l[y ~ecreta _~.-.-- ,,.~,.~ --....~-- LICENSE AGREEMENT THE STATE OF TEXAS * · KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * t~hat t.he.. City .of Collel~e._Station (hereinafter referred to as "LICENSOR"), acting rougn tne unoersigneoomcial who is so empowered by resolution of the CityCouncil to so act in consideration of the agreement mad.e, herein by J,E, RRY C. COOPER and CAROLE A. COOPER (hereinafter referred to as LICENSEES ), owners of Lot 1 and L.ot..2, Block 19, Col!age Park, more commonly known as 602 Bell Street, Collel~e S_tat~on.,/e.x_as according, tothe plat r~. rded in Volume 38, Page 602, of the Officml Kecoros or urazos uoumy, iexas, neraby grants a license to the said. LICENSEES to permit a portion of the structure located aLot I and Lot 2, Block 19, College Park, more comm.o, nly known a.t 602 Bell Street in the City of College Station, Texas, to encroach ?on .me easement,,, as shown on Exh!bit "A" attached hereto and incorporated herein _y reTer_ence.tor_a~ purposes, owneo and occupied by the City of College Station, urazos uoumy, ~exas, but such improvements shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which ara servicing the improvements and other property, andsubject to the following terms and conditions: Neither thegranting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above-described property. LICENSEE expressly stipulating and agreeing by LICEN- SEES'.a .c~..epta.nce of this license that LICENSEES neither assert nor claim any interest or right ot any type or nature whatsoever, legal, equitable or otherwise in or to LICEN- SOR's property. LICENSEES hereby expressly covenant, st pulata and agree, without limitation, to indemnify and defend the LICENSOR and hold it ha.,rr~?ss from any and all I ability, claim, cause of action, and cost, including attorneys fee, and including any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supple- mental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEES, at their own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEES sha I pay all costs of relocation of any public utilities or facilities which may be incurred as a result of the proposed construction or actual construction. LICENSEES agree to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSOR retains the right, but no! the obligation, to enter upon the land to which this license applies and at LICENSEES expense to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such removal is ne .cas .s.ary for exercising LICENSOR's rights or dubes in regard to said easement, or for protect,ng persons or property, or public Interest in regard to said easement. This license, until its expiration or revocation, shall run with the title to the above described real property, and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof. LICENSEES shall cause any immediate suc- cessors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improve- ments upon the removal, whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the following conditions or events: EXHIBIT "a" ~'::: :: /)_?_..*" :~-.-:-.-... ;:...:%. .3:-~:.-~ . ._..-......_.. Co LICENSEES or their heirs, executors and administrators, have failed to comply with the terms of the granting of the license; or The improvements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR's property; or The use of the licensed area becomes necessary for a public purpose; or Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improve- ments; or Said improvements or a portion of them have expanded beyond the scope of the license; or Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. Th~s license shall be effective upon the acceptance of the terms hereof by the LICEN- SEES, as indicated by the signatures of LICENSEES. The license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. APPROVED this the day of ,1993. APPROVED: JERRY C. COOPER, LICENSEE CAROLE A. COOPER, LICENSEE APPROVED: CITY OF COLLEGE STATION, LICENSOR BY: MAYOR LARRY RINGER ATTEST: Connie Hooks, City Secretary STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the day of T , .'1993, by. _M~YOR. LARRY. R. INGER, as Mayor--"~-~'the dity of College Station, a exas Municipa~ uorporafion, on behalf of said Corporation. Notary Public in and for the State of T E X A S STATE OF TEXAS ) COUNTY OF BRAZOS This instrument was J 1/24/95 ACKNOWLEDGMENT acknowledged before me on the day of ,1993, by JERRY C. COOPER and CAROLLL"-A'-_~OOP[=R. Notary Public in and for the State of T E X A S -2- METES AND BOUNDS DESCRIPTION OF A 116 SQUARE FOOT ENCROACHMENT INTO A PROPOSED 0.117 ACRE PUBLIC UTILITY EASEMENT COLLEGE PARK COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain tract or parcel of land, being a portion of a proposed Public Utility Easement, located in College Park, an addition to the city of College Station, according to the Plat recorded in Volume 38, Page 602, of the Deed Records of Brazos County, Texas. Said tract being more particularly described by the metes and bounds as follows: COMMENCING at a 1/2 inch iron pipe found marking the East comer of,Lot 1, Block 19 of said College Park on the Southwest Right-of-Way line of south Hereford Street (40' R.O.W.), said iron pipe also marking a North comer of said proposed 0.117 acre Public Utility Easement; THENCE: S 44' 34' 28" W along the Southeast line of said Lot 1 and LOt 2 and a Northwest line of said proposed Public Utility Easement for a distance of 62.39 feet to a point on the outside face of a wood frame garage marking the POINT OF BEGINNING for this herein described tract; THENCE: through said proposed Public Utility Easement and along the outside edge of said garage for the following calls: S 43 ° 59' 45" E for a distance of 6.06 feet; S 46' 25' 39" W for a distance of 20.30 feet; N 43' 59' 45" W for a distance of 5.41 feet to a point on the southeast line of said LOt 2 and said Northwest line of said proposed Public Utility Easement; THENCE: N 44' to the POINT OF November, 1993. Brad Kerr Registered Professional Land Surveyor No. 4502 D:~w~c~93-325¢ mb 34' 28" E along said line and through said garage for a distance of 20.31 feet BEGINNING containing 116 square feet of land, as surveyed on the ground EXHIBIT "A" ~ 8' Iron Meter Rod 3et, ~ Watur Vo~ve .... ~ 2g 71' A/C 0.035 ACRE TRACT $ 44'32'58' E -- 99.50 t; +'~'32'58" w - 97,00 1 Story Frame 602 Bell t Guy Wire AnGhe P~d '" %N J~ C. COOPER,et ux LOT 1 AND LOT 2, BLOCK 29g/855 / VaNe Lot 3 Block s 44'32'58' hortion · ~, · ~,~ / Lot 2 '~-,~ .,' Block E S d,I.'3,1.'28" W - 15.00 N 44'3~'28' E - 44'34'28' W - 140.16 Rebecca LIc Lots 3, 4, Lot 5, Bloc, College PQrl Lot 4 Block 19 · Steven Paul A~.~erson et ux, Lot 1 end od joining 30' 'Of Lot 2, 2 ~ Block E, College Pork ~ ..o. 120 7/121 ~ :. Rx~...'~' Lot 1 · R°~ R''~' Block E