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Gity..C;ouncilRegularJy.1eeting
Wednesday, ...Novernbe:r<20,........1991
Page 10
The.....motion....to......approve...Ordinance.........No.. ...1.929.... .c:arried ....uI1.an.imously, ....7-0.
Ager1.da. Item. No.lS-c:ozislder8.tIon()f&nordJrLanceamendfnvOrcUnanc- No.
1786.. adopt$don NOvemh8r.lO.1988,an(flUn8lLditlv Cha~ter8of the COde by
addlngs.ctton l()..F. which d.awscenam. emi.B~..ofthe. city. y/ho..have
terrtdnat$d previo11S~'DSmTMRSto:redeDOslt the sums WIthdrawn.
witha:nnualWlthdraW81charges.
GouncUmanBirdweU moved to appr()ve QrdinanceNo. 1930. Theimotion was
seconded.. .by .Gouncilman...Schneider. which carried unanimously , .7-0.
Agenda Item. No.ll- Conslderatlon ofanarnendm.ent to Chapter 9. Section 6 of
the City Code <SuhdlvIsionRegulations) tohtcreasettme reQuJ:rf:KI for preDmJnary
plat submtttalstoclty. ~ ~lmpact study.su.bm1tta1requJrements and
reDlace ..sections.. describJng..the. ..mel1rnJnarvDlat. flDngprocess.
Councilman ..Brown..moved .approva16f Ordinance No. 1931. ..The motion was
seconded by Councilman McDhaney.
Councilman Birdwell asked how much time is added to the . process. Ms.
Veronica Morgan replied that the time required was changed from ten to twenty
days and it is . not cumulative.
The motion carried unanimously, 7-0.
Agenda Item. Na. IS - consideration afan appeal ta the Clty Engineer'sdectslon
to denyRJeftturn inll movements from Texas Avenue to theprol)Os$d driveway to
the First .American Bank to be locat$datthenorthwest comer of Texas Ave. and
Mmer's. Lane (FM2818 Extension). Intersection.
City Engineer David Pullen .. addressed the Council. ...Mr..Pullen described the
location .of.the.property.Staff.has.recommendedthat a driveway.providing for
right-turn in and right turnout access be provided at this location. The
developer has requested a left. turn in access. ......Staff Iooke.d .atthis in regard to
policies which they are in the process of developing . and presenting to the
Planning and Zoning Commission. These policies are specified in greater detail
than the current policies. Mr. Pullen further stated thatthe decision was based
on the.new standards.
Mr. Pullen presented slides.
Councilman McTIhaney asked Mr . Pullen to describe the . location of the
Pagell
Gity..Collncil....Regular/Meeting
Wedn.esday,November....20,.......1991
proposed curb cut > Mr. Pullen cla.rifi.edtllatth.edriveW'a.yis .ma.rked by.> stakes
with orangefiags.
GouncilInan. BroVVIlasked rorthe.distancefroIl1lMil1~J:'sLa.netotheproposed . left
turnarea.lVJr.Pullenreplied appro,dtna.tely140r~et.Mr.Br()wnasked for the
dist~cefromMilleI"s 1.Janeatthe Exxon station tOci~$ dr;ive\Wy on Texas. Mr.
Pullenr~pliedaPJ>roxilnatel'Y200 feet... ..He. further explained. that this project .wa.s
established at a. periOd in time when the city used a setback policy or 200 feet
from. any major street.
Gouncilinan Gardrierasked~the proposed properwsite has an ingress from
MiIler's Lane to.the east..MJ:. Pullen replied tllatt)'lereis an. ingress/egress
driveway . approximately 400... feet from Texas Avenue.
Gouncilman Schneider.. presented. a scenario... If some.one traveling south on
Texas Avenue to the bank; how would they access the property if there is no
front. .access.. .. Mr.. Pullen replied that the motorist. would take a. .Ieft at the. traffic
light and travel approximately 400 .fe~t to. the . proposed entrance. . Councilman
Schneider.. asked if there are . other. areas. to locate a curb cut. Mr. Pullen replied
that....there.is..not. currently because of..the..existing.. development.,
Councilman Birdwell asked what would happen if the driveway is built as staff
recommends, and Stanley Investments decides to develop on their property,
would the city ...exclude them from having a driveway and a . left turn off of. Texas
Avenue.
Mr. Pullen replied that there are underlying factors involved with this property.
He.. explained that this. ..propertyis ...asingle platted subdivision lot divided. by
metes and bounds. He added that the staff would recommend curb cuts .so the
properties.would be accessible. . Councilman Birdwell asked if the property has
been. platted. ..Mr. PuIlenrepIied... that the ...property. was ..platted. as.. a. single lot.
Councilman Birdwell noted that the property owner. violated the ordinance and
sold the lot by metes and . bounds.
Gity Attorney Locke clarified that thestarfhas beenhUormecl that the property
was. sold in parcels . by metes and . bounds since . the subdivision plat was
approved and therefor.ethere was a violation to the ordinance.
Mr. Fain McDougal,ofTACRealtyrepresenting First American Bank addressed
the Council. He introduced Mr. Jack Cumpton, project architect, and Switzer
Deason of Stanley Investment Group.
Mr. McDougal.statedthat an agreement has been reached between First
American Bank and Stanley Investment Group regarding the joint driveway but in
Page 12
orqerforit. tobe..succ=essful~..itJ:nllstha'Vealeft turn lane off.TexasAvenue. from
southbound traffic.
Mr. Gumpton,.4103 S()uth'l'exas,addressE!d the Qc>uncU. He referred to the city
policy... regarding.. driveways. . and presented. slides.
Mr. Switzer Deason E!xplained\ that Stari.ley Jnvestment Grpup fully supports First
JUriericanBankfor.. a jointCurbcutbetw'een the two properties.. . But there isa
proviso, theStanieyInvestmentgrC?upneedsaleft handtum from southbound
traffic on Texas Avenue and if there is not left tu.rn. accessfrornTexasAvenue,
thenextaltemative is aqcess off Millet's Lane. . FIe emphasized that if there. is
not a .lefttllrn lane off of Texas Avenue .that it. will. severely limit the commercial
viability of the tract, it will eventually eliminate it.
Councilman. Birdwell asked.. Mr. DeasonifStanley..Investment. Group would be
asking. for. an.. additional qurb cut. Mr. Deason replied that this curb. cut is
sufficient. Stanley Investment Group. will fund half..the .cost of the..curb.cut.
Mr. Cumpton stated that it is not good planning for the bank if there is not an
entrance into the parking lot at the front of the parking lot. He remarked that if
this. request is..not..approved, .the facility may not be .builtatthis..site. He noted
that..additional..acres .abutting this tract .isowned..bythebank., The driveway
would serve the entire acreage as well as . Stanley . Investment Group.
Mr. Cumpton showed. slides of other businesses in the city in which the driveway
access does .. not meet city policy standards.
City Engineer Pullen explained that the points Mr. Gumpton made to the
exceptions of the policy are certainly well taken and should be understood to be
that.every .time staff.looks..at.property, each.is considered...as a.. unique situation.
In . some. cases, there are existing .drives and Iimitationso! property frontage, and
differences.. in . volume of traffic. .He.... explained.. that.. the question with.respect to
where driveways should be located is . nota. simple question, if is ans\Vered from
a standpoint of. safety and. from traffic management. With respect to this site, the
staff. has . recommended the.... driveway . on.MillersLane~...... ..Thedriveway on. Texas
Avenue is in a free moving right turn lane.. The distance from making the turn
entering Texas Avenue from. Millers LaIl.enorth is 140 feet. At . the same time, a
vehicle traveling at 30 mph and not aCCTl~rating,as one would normally do,
would pass the intersection. . He further;ppirtted out that the turning movements
from 2818 onto Texas Avenue are not ~Clge slowly. Again, if we add in this
intersection at this close proximity anot~~~movement for a vehicle to look at, the
left turning of the vehicle will severely~gI'~ase the risk of accidents in the area.
In some parts of the city, that has beenl~e~.ognized in places where the city has
granted driveways. And to the publip. E!~:prnse, median.. barriers have been
erected to eliminate the left turn. For instance, State Highway 30 . and Texas
GityG9uncil Re~l~r~eeting
Wednesday, Noveniliez-....20,.......1991.
Page 13
Mr.Pullen~tronglyrecoInInendedtothe Gouncilto. deny the appeal on the basis
thatifit is appr9Vfjd and a drlvfj1Nayisinstall7datthis location, at some point in
the nearfuture1Nh~n2818 iseJ{tfjncledand a~develoPrn.eIlt grovvs ... on the east
side... of the Bypass, the traffic: ..volume.vvill. so .incr~asein that intersection,.. a
median will be installed to. prohibit (ileft.turn . and thiswill.bea. public expense.
GouncilmanMcDltaney..a.sked if theSH 6 eXPansion included an ..additional.lane.
Mr. . Pullen. repliedth~t.there . are no immediate. (2...3.year). planS to ..widen . Texas
Avenue with respect to the Highway Department; however, it i$.in the long range
plan. to . widen Texas Avenue.
Go unc ilman Schneider asked if there.areany legal ramifications. Gity Attorney
Locke replied that under current Texas law, the city has immunity for street
design, and there is .noliabilityfor granting the left turn lane.
Gouncilman.Gardner asked about the...cllrbcut . access .toStanley Investment
property. Mr. Pullen remarked that the Stanley property must be platted before
a buildingpemUt . can. bei$sued. ... The staff will recommend to the council when
t~eplat is presented, . that access easements be granted. to all of the . properties.
so access can be made.
Councilman Crouch . asked if there is. a possibility to have . the Stanley .property
curb cut further north. . Mr. <Gumpton replied that this is analtemative, but not
favorable. . Mr. Pullen. remarked that the risk .. isreducedn. it is located north.
Mr . Cumpton disputed Mr. Pullen's comments about the speed factor. He
referred to this..area as the' future downtown College Station. He suggested that
as development continues to grow, the speed zone should be 30 mpll, rather than
40 mph. .He also suggested that a stop sign be. placed at Miller's . Lane rather
than. a yield sign. '
GouncilmanMcDhaney comrnentedthathermain concern at this intersection is ·
the safety factor. of motorists.
GouncilmanBirdwell moved to grant the request for the curb cut with the left
turn in and no left turn out, with the following conditions: 1) Stanley Investment
Group agrees to one curb cut sharedwith.FirstAmericanBank to serve their
property; and, 2) Not extend a driveway through to the adjoining vacant property
from the rear of the bank property.
Councilman Schneider seconded the motion.
Page 14
Mr....GtimPtonr~mClrkec3....th.athe . YVPu.ld vvithdtawithe application if American.. Bank
was. not.allowed....acgess.to.the.... back property.
City Manager · R~gland asked for.. ela.rification... GouncllmanBirdwell. remarked
that if the deyeloper ;moved the. trafficiIlaU~ig zag"pattem to the. rear access,
this would> be...... acceptable.
lMayorRinger added that theobjectioniStqWard.the.. straight path for customers
to.. access the back .property.
Mr. Gumpton mentioned that thecitystaffha~ allowed one additional curb cut
and. it is located atthe.rear .of the vacant property on Millers Lane.
Mr. Deason of Stanley In,vestment Grouprernarked that he would he amenable
to the action of thec;ouncil, but. would not agree if in the future a median would
be . erected to. prohibit the left turn .lane.
Mayor Ringer replied that his position would be that if a raised median was
placed thereto prevent lefttums, it would be considered asa change inthe
condition that Stanley Group agreed 'upon; and therefore, they would be allowed
to request an additional curb cut. He added that he cannot predict a future
council's decision.
Mayor Ringer clarified the intent of the motion is to not allow the driveway from
the Texas Avenue curbcut toextendin.a straight line from the bank property to
the adjoining property, thereby creating a street. But the back property can be
served by access at anotherlocati.on on the property. . GouncUman Birdwell
remarked .that. he does not object .to ...internalcirculation if the traffic makes a.. turn
movement.
CounciIinanGardner . asked if there are any. provisionswith.respect to pedestrian
walkways~ Mr. Gumpton replied that pedestrian walkways . have been
considered.Mr . Gardner alsoinquiredabo1.ltValley View onto Texas. Avenue if
m~dians . were. constructed. in . the . future... Mr.i Gumpton pointed. out that Valley
ViewfTexas.Avenue and...the end. of the Stanley.. Group. property is .approximately
275 ft.
Mayor Ringer restated the motion as follows: Grant the appeal and approve the
left turn. into the property with the curb ... cut to be built and shared betWeen the
bank property and Stanley Investments subject to two conditions: I. Stanley
Investment agrees that as long as lefttumlanes are allowed at the intersection,
they will not have a curb cut on any location on their property; .and2)the drive
created..by.the curb cut not be extended in a straight line to serve the 4.88<.acres
to the east.
" ,
CityiCouncilR~gplcirJYIeeting
"W~dnesday,...Noverriber20,...199]
The'Votewast(lkenandthernotjoncarried bY.i a vote. of 4-3.
FOR: .Mayor.Ringer,......Councilmerrib~rs....Birdwell,... Schneider,......Brown
Assistant City Attorney Neal Coates addressed this .item.
Councilman BirdweU remarked that Section 24 may need to be rewritten for the
public to better understand the intent of the proposition. He aIso referred to
Article. VII, Section 69with>respect . to . the Director of Finance's responsibility.
The ordinance will be. considered in at the February. meeting.
.Agenda Item.No.17-Urxiateon ConneD Issue No.6 - Street MaIntenance.
Director of Public Services Joe LaBeau presented this item.
CounciIman..Birdwell moved to defer this.. item to..a future . council meeting. The
motion was seconded by Councilman Brown.
After council discussion, the Mayor asked staff to make a brief report.
Asst...Public .Services..Mark.Smithmade a.briefpresentation. He. reported that
98% of the streets are in good condition, with 2% of the streets in poor condition.
He mentioned that the staff sent out to the citizens a survey for their. opinion
about the condition of the streets. The results were that the streets are 94%
good to fair condition.
Councilman Birdwell commented that. the.surfaceof Dominik is not.a...smooth
street. He also mentioned that there are potholes along the curb of streets.
" Mr. LaBeau mentioned that the results of the survey showed that the streets are
94% good to fair. He added that the pavement management system is going
well.
The general consensus of the council is that the streets are in good condition.
".Agenda Item. No.18-Councfi Comments.
Councilman Gardner mentioned that he is happy about the beginning
construction. of the "Wolf Pen Creek project.