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HomeMy WebLinkAbout11/20/1991 - Regular Minutes City CouncilWEDNESDAY, NOVEMBSR ~0, 1991 4.'00 P.M. Mayor Ringer, Councilmernbers Brown, Mcllhaney, Birdwell, Schneider, Crouch, Gardner STAFF PI~SENT: City Manager Ragland, Assistant City Manager Brymer, Assistant City Manager Woody, Public Information Officer Calliham, City Attorney Locke, City Secretary Hooks, Executive Director Fiscal/Hunch Resources Schroeder, Executive Director Management Services Piwonka, Director of Development Sen, ices Ash, Planning Director Callaway, Senior Planner Fee, PARD Director Beachy, Asst. PARD Ploeger, Forestry Superintendent Albrecht ~ GOV'T ~N: John Lauletta See guest register Mayor Ringer opened the meeting at 4:00 p.m. Agead~ Item No. 1 - Pmset~t~flon of ~ate ~cc~ the Coil ~ege Station unit st Lincoln Cente~ into full ~ with Boys ~nd Girls Club~ of Two members of the Boys and Girls Clubs presented the certificate to Mayor Ringer who accepted the club at the Lincoln Center into full membership with the Brazos Valley Boys and Girls Clubs. Agenda Item No. I! - CONSENT AGENDA. (2.1) Approval of minutes for the Regular Meeting, October 31, 1991. (2.2) Consideration of an amendment to the Lease awarded to Edco Energy, Inc. on October 31, 1991 for the minerals under 14.659 acres. (2.3) Approval of contracts for the following agencies: Brazos Valley Council on Alcohol and Substance Abuse Retired Senior Volunteer Program Mayors' Committee on Employment of People with Disabilities Bryan/College Station Chamber of Commerce (Convention and Visitors Bureau) Bryan/College Station AtMetic Federation City Council Regular Meeting Wednesday, November 20, 1991 Page 2 Arts Council of Brazos Valley Brazos Beautiful (2.4) Consideration for approval of an addendum to the recycling and disposal agreement with Texas Commercial Waste dated August 20, 1990. (2.5) Authorization for City Manager to enter into an agreement with Baker Systems for a managed care program. (2.6) Authorization for the city to execute a managed care program for psychiatric and substance abuse through Interface EAP, Inc. (2.7) Request for purchase approval of Annual Blanket Contract of Asphalt Emulsion (Street Materials), Bid #91-19, Elf Asphalt, max~um expenditure $28,000. Funds are available in the 1991-92 Operating Budget of the General Fund (Streets Division). (2.8) Request for purchase approval of 30,000 feet of underground primary conductor, Bid #92-09, Electrical Inventory. Staff recommends award to WESCO as Iow bidder. Total expenditure $28,200. Funds are available as budgeted in electric inventory. (2.9) Request for purchase approval of recycling collection cab/chassis and body - 2 each, Bid #92-06 and Bid #92-07. Staff recommends award to Galbreath Escort as low bid meeting specifications, total expenditure $131,194. (2.10) Request for purchase approval of plastic recycling containers, Bid #92-08. Staff recommends award to Rehrig Pacific as low bidder, total expenditure $17,050. (2.11) Request for purchase approval of automated solid waste collection vehicles, Bid #92-02. Staff recommends award to Rapid Raft Systems as low bid meeting specifications, total expenditure $601,475. (2.12) Consideration of bids for Wolf Pen Creek Phase I Development. (2.13) Consideration for approval of Community Development funded housing assistance projects where contracts were let for more than $10,000. (2.14) Approval of a resolution supporting the location of a maximum security prison in Brazos County. (2.15) Approval of a resolution authorizing the printing of a tree planting guide for College Station. Council Issue No. 11 - Community Appearance Tree Planting. City Council Regular Meeting Wednesday, November 20, 1991 Page 3 (2.16) Final Plat - Woodiake Subdivision Section II, Phase 2-B Councilman McIlhaney removed Agenda Item No. 2.5 and 2.6. Councilman Birdwell removed Agenda Item No. 2.11. Agenda Item No. 2.5 - Authorization for the City Manager to enter into an agreement with Baker Systems for a Managed Care Program. Councilman Mcllhaney asked if this item was similar to the previous discussion held on the managed care program. Personnel Director Pavlinski remarked that she reviewed three proposals after the last council r]~-~cussion, and she recommends the agreement with Baker Systems. She added that the cost of this program is associated with the savings benefit. The administrative fees are capped at 10 percent of the fixed rate. Baker Systems has negotiated these fees with Humana Hospital. She added that the City will not pay fees beyond the 10% savings. Ms. Pavlinski emphasized that the prices she has seen are far lower than what the city is paying currently. Aaenda Item No. 2.6 - Authorization for the City to execute a managed care, ~rogram for psychiatric and substance abuse through Interface EAP, Inc Mrs. Pavlinski noted that this agreement has fixed rates for psychiatric care. She noted that there are eight psychiatrists and psychologists contracted by this firm who will be seeing the employees. Councilman Gardner asked about the screening process. Mrs. Pavlinski stated that under the preferred provider arrangement there is no pre-certification program. Mrs. Pavlinski remarked that there is a $20,000 cap for life on the psychiatric and substance abuse program. Councilman Gardner asked if someone could request a particular doctor. Ms. Pavlinski replied that the doctors will be available on a rotating basis. Councilman Gardner stated that the agreement implies a supervisor's referral. Mrs. Pavlinsld replied that the supe~,'isor can refer someone through this process rather than obtaining assistance from the personnel office. Councilman Gardner commented that $17,000 is not enough money to cover psychiatric expenses. Councilman Birdwell remarked that the benefit of having this program, is that the City Council Regular Meeting Wednesday, November 20, 1991 Page 4 doctor's rates are cheaper than what an individual can go to. It allows the city to volume purchase medical and psychiatric services. Councilman Birdwell moved to authorize the City Manager to enter into an agreement with Baker Systems for a Managed Care Program. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. Councilman Birdwell moved to authorize the City to execute a Managed Care Program for Psychiatric and Substance Abuse through Interface EAP, Inc. The motion was seconded by Councilman Gardner which carried unanimously, 7-0. Aqenda Item No. 2.11 - Request for purchase approval of automated solid wast,~- collection vehicles, Bid #92-02. Staff recommends award to Rap~_d l?~l System.~ as low bid meetinq specifications, total expenditure $601,475. Councilman Birdwell stated his opposition to the purchase of these vehicles. He requested staff to furnish information to him regarding the savings. The motion was made by Councilman Schneider to approve the automated solid waste collection vehicles, total expenditure $601,475. The motion was seconded by Councilman McIlhaney which carried by a vote of 6-1, Councilman Birdwell voting against the motion. _Aaenck Item No. 3 - ConsJdm~tion of appotnl~.eats to the __~e~t_~ Ilia_her Education Authority_. Inc. Councilman Birdwell moved to appoint Mr. Leonard Williams to Place 2 and Dr. Charley Wootan to Place 4 of the Greater East Texas Higher Education Authority. The motion was seconded by Councilman Brown which carried unanimously, 7-0. Item No. 3 - Co~lsid*mtbm of a ~ to ~ two _ao_~_ts at 31~ Holl~ within the ciW lindt~. (Al~_~c~_,tt: ~_,'s. ~o~_ _~,,r_k City Secretary Hooks explained this item. She stated that the inspection was conducted by the Brazos County Health Department and they have stated no objection to the goats residing at 313 Holleman. Councilman Birdwell moved approval of the issuance of the animal permit to Mrs. Robbie Clark. The motion was seconded by Councilman Mc]lhaney which carried unanimously, 7-0. City Council Regular Meeting Wednesday, November 20, 1991 Page 5 Agend~ Item No. 4 - Coastdm~timt of a permit to lmep liveatock (9 rabbits) at 141~ C~udfll within the city limits. (Applicant: Dr. Dmdel IC Mm~r). City Secretary Hooks explained this item. She stated the property was inspected by the County Health Department and they have no objection to the conditions. She pointed out that upon inspection by the city staff, several ferrets were located in a cage near the rabbits. According to the ordinance, these animals are considered wild and not allowed in the city limits under the current ordinance. Dr. Miller of 1412 Caudill addressed the Council. He questioned whether the ferrets are wild. City Attorney Locke remarked that the city ordinance allows for potbellied pigs, cats and dogs. Ferrets are defined under current ordinance as a wild animal. She stated that her staff was asked to review the issue of ferrets about six months ago, the animal shelter indicated to her that ferrets are not widely accepted as pets in most municipalities and they have a tendency to eat children. Councilman Brown moved to approve the issuance of the animal permit for the rabbits and suspend action on the ferrets, ask staff to review the ordinance regarding ferrets. The motion was seconded by Councilman Birdwell which carried unanimously, 7-0. Mr. James Brooks, Animal Control Officer, addressed the Council. He noted that the ferrets are sold by the local pet stores. Mr. Bill Lewis, of the County Health Department passed to the councflmembers an article from The Houston Post with respect to ferrets. He stated that the Health Department interprets a ferret as a wild animal. Aaert_~ !__t~n_ No. 6 - A rl~111nj11/'~ ~_~__dng to c~_-_,d_,.l__,? an Ord__h~t~_C~ amep_~g t]'.~ _20nin_ g Or~.ce to c:z~_t~ an overlay rli~4~ that may ~ ~II~A~4_ to antra- Senior Planner Jane Kee presented slides. Ms. Kee discussed requirements for setbacks, building aesthetics, signs, landscaping, utilities, storage, and screening. She pointed out the incentives added to landscaping. She mentioned Brazos Beautiful has expressed an interest for participation in planting/purchasing crepe nlyTtles. Ms. Kee explained the special restrictions for gasoline service stations. Mayor Ringer opened the public hearing. No one spoke. City Council Regular Meeting Page 6 Wednesday, November 20, 1991 Mayor Ringer closed the public hearing. Aae~da Item No. 7 - Considemtio~ of an ordinance relat~ to the above ite~t. Councilman Brown moved approval of Ordinance No. 1926 creating the overlay district. The motion was seconded by Councilman Crouch. Councilman Birdwell commented on two items within the ordinance. One, is the section regarding building aesthetics. He did not feel the Project Review Committee should make a decision about the building colors. Councilman Birdwell moved to delete Section D - Building Aesthetics from the ordinance. No second was made. Motion died for lack of second. Councilman Birdwen coramented on the second item with respect to existing canopy trees. He is concerned that the trees will not be saved during construction. He added that the planting of new trees is more practical. Councilman Birdwen moved to delete the third paragraph of Section F - Landscaping which reads: "Except for driveway access locations, it shah be prohibited to remove an existing canopy tree with a caliper size of four (4) inches or larger that is located within the 20 foot front setback area. The motion was seconded by Councilman Schneider. Councilman Crouch stated that the lot at the corner of University Drive and the East Bypass is heavily wooded. She would not be in favor of removing these trees and plant the small trees. She felt that some of the large trees should be saved. Councilman Birdwell clarified that this particular situation applies only to the 20 foot front setback area. He remarked that Texas A&M University has beautiful trees around the campus and these trees were planted as 1 inch diameter trees. Student Gov't Liaison John Lauletta mentioned to the Council that Texas A&M Student Government is working on a program called "Replant '92" which is geared toward replanting 10,000 trees throughout the area. This is to help replace some of the trees used for the bonfire, and possibly plant some of the trees within College Station to help beautify the city or possibly placed within this corridor. Councilman Schneider stated that he has some concern about planting seedlings, he preferred large trees. Mayor Ringer stated that he believes the city should look into the project with A&M. The motion by Councilman Birdwell to delete this paragraph carried 5-2. City Council Regular Meeting Wednesday, November 20, 1991 Page 7 FOR: Mayor Ringer, Councilmembers Brown, Mcnhaney, Schneider, and Birdwen AGAINST: Councilmembers Crouch and Gardner The original motion to approve Ordinance 1926 as amended carried unanimously, 7-0. No. 8 - A ~,,~lta l,__,~,'in_a to c_~_ ~,4~ an ~ce respa 1.14 located at the northwest comer of University Drive and SH 6 East Bypass Senior Planner Kee described this item. She stated that this request complies with the Land Use Plan. The thoroughfare plan is not affected. She noted that the University Drive report refined the City's Development policies relative to University Drive by stating that, "The full range of C-1 uses would not be appropriate along the University Drive corridor considering its function as an entry way. Properties currently zoned C-1 in the study area would be more appropriately zoned C-B". Ms. Kee presented slides of the site. Councilman Birdweli asked why this particular project is identified at this meeting and the other properties along University are not included as one issue. Ms. Kee replied that the remaining twelve requests must be approved by separate ordinance because a rezoning must be made on each piece of property. Mr. Birdwell stated that it would be easier to consider each property under the same item. Discussion fonowed. Mayor Ringer opened the public hearing. Mr. Mike Davis, 4002 Aspen in Bryan, addressed the Council. He stated that this issue is about an aesthetic entry to the City. He stated that in his opinion, it would be better to negotiate with the landowner to obtain an aesthetic type of entry way. He asked the Council to consider tabling the ordinance to negotiate with Mr. Wheeler to obtain an aestheticany pleasing entry to the City and thereby maximum the benefit to the landowner and the city. Councilman Crouch asked if Mr. Wheeler had someone interested in the property. He replied that Exxon was interested at one time, but he feels there will be an interest for a convenient store or gas station for this main entry way in the future. City Council Regular Meeting Page 8 Wednesday, November 20, 1991 Ron Cowy, President of Bert Wheeler's Inc. stated objection to the rezonlng. Mayor Ringer closed the public hearing. _Aaeach Item No. 9 - C.,onsidemtian of sn ordinsnce rehted to the ~bove item. Councilman Brown stated objection to the rezoning. He believes that this tract of land can only be used for a convenient store or gas station and the staff can make the determination about the landscaping to meet our standards to make it aesthetically pleasing. Councilman Mc]]haney moved to approve Ordinance No. 1927 as recommended by staff. She stated that the city is not denying the property owner the right to use the property. There is ample opportunities for uses to be reviewed and if a gas station is the only use of the property, this ordinance will provide strict guidelines. Councilman Crouch seconded the motion. Councilman Birdwen agreed with Councilman Brown's concerns. He added that by approving this rezoning the city is placing an impediment on development. Councilman Crouch stated that she is not opposed to development. But there are other appropriate uses for this property instead of a gas station. Councilman Brown disagreed. The vote was taken, 4-3 to approve Ordinance No. 1927 rezoning the 1.14 acre tract from C-1 General Commercial to C-B Business Commercial. FOR: Councilmembers Crouch, Mc]]haney, Schneider, Gardner AGAINST: Mayor Ringer, Councilmembers Brown and Birdwell _Aaend~ Item No. 10 - Coasidemtioa of sn o~ce _r~___mdng 9:_~.4 ~_cres at the northwest corner of University Drive ~ SH 6 ~t By,?~_~ from General Commerce_ to C-B B-~_~_ ~~! Owner: CSI Assochtes. Ms. Kee explained that this tract is located across from the 1.14 acres in the above item. A letter of opposition from the property owner was placed before the council prior to the meeting. The Planning and Zoning Commission recommended approval of the rezoning, 5-0, with two members absent. Mayor Ringer opened the public hearing. City Council Regular Meeting Wednesday, November 20, 1991 Page 9 Mr. Samuel Wong, property owner, addressed the Council. He stated his opposition to the rezoning. He added that he has been contacted about the use of a shopping complex on this property. He is not opposed to aesthetics, but he does not agree with the number of restrictions outlined in the new district. Mayor Ringer closed the public hearing. Item No. 11 - Conside~tton of sn ordin~ce related to the shove item. Councilman Crouch moved approval of Ordinance No. 1928 rezoning the 9.84 acre tract to C-B. The motion was seconded by Councilman Schneider. Councilman Brown asked the City Attorney if the appr~L~als were lower under the C-B District, would the city be required to pay the d~rerence in taxes collected over the years. Ms. Locke replied negatively and she explained that the property value is determined on the use at the time and the city would not be required to refund the owner. Councilman Birdwell emphasized his concern about rezoning this property and the negative impact on the property owner. Discussion followed. The motion to approve Ordinance No. 1928 carried by a vote of 4-3. FOR: Councilmembers Crouch, (.'~ardner, McIlhaney, Schneider ACtivIST: Mayor Ringer, Councilmembers Brown and Birdwell Councilman Brown moved to approve Ordinance No. 1929. The motion was seconded by Councilman Crouch. Councilman Birdwell asked if there has always been an automatic increase based upon the Consumer Price Index. Ms. Pavlinski replied that this provision has been provided, but the City has options. Mr. Birdweil made an observation that twenty years from now, this type of program may be a burden on the taxpayers if the city has a large number of retirees. He stated that this ordinance may need to be looked at regarding future implications. Councilman City Council Regular Meeting Wednesday, November 20, 1991 Pa~e 10 Crouch agreed. The motion to approve Ordinance No. 1929 carried unanimously, ?-0. ~-,~_.,'~ !+_ _,,m No. 15 - C,_,,,d_,4,,,,.aflo_~ of an ontinance ~g Ordinance No. 1786 -_dopt_e,d on November 10, 1988, and amen. dina Chanter 8 of the Code bv ~_dr~_~ -__~___,m lO-F, wl~_~h =11_nW~ ~__m~ht e~n_nl_m/t~_~_ of the ~ who llAve - Councilman Birdwell moved to approve Ordinance No. 1930. The motion was seconded by Councilman Schneider which carried unanimously, ?-0. Councilman Brown moved approval of Ordinance No. 1931. The motion was seconded by Councilman Mc]l.haney. 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 No. 15 - Consideration of an appeal to the City Engineer's decision to deny ~efl turn in" movements ~rom Te~s Avenue to the z=oDosed driveway to the Plrst American Bank to be located at the northwest comer of Texas Ave. and Miller's Lane (FM 2818 Extension) ]ntersecflmn. City Engineer David Punen addressed the Council. Mr. Pullen described the location of the property. Staff has recommended that a driveway providing for fight-turn in and right turn out access be provided at this location. The developer has requested a left turn in access. Staff looked at this 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 that the decision was based on the new standards. Mr. Pullen presented slides. Councilman Mc]lhaney asked Mr. Pullen to describe the location of the City Council Regular Meeting Wednesday, November 20, 1991 Page 11 proposed curb cut. Mr. Pullen clarified that the driveway is marked by stakes with orange flags. Councilman Brown asked for the distance from Miller's Lane to the proposed left turn area. Mr. Pullen replied approximately 140 feet. Mr. Brown asked for the distance from Miller's Lane at the Exxon station to its driveway on Texas. Mr. Pullen replied approximately 9.00 feet. He further explained that this project was established at a period in time when the city used a setback policy of ~.00 feet from any major street. Councilman Gardner asked if the proposed property site has an ingress from Miller's Lane to the east. Mr. Pullen replied that there is an ingress/egress driveway approximately 400 feet from Texas Avenue. Councilman Schneider presented a scenario. If someone 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 left at the traffic light and travel approximately 400 feet 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 property is a single 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. Pullen replied 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. City Attorney Locke clarified that the staff has been informed that the property was sold in parcels by metes and bounds since the subdivision plat was approved and therefore there was a violation to the ordinance. Mr. Fain McDougal, of TAC Realty representing First American Bank addressed the Council. He introduced Mr. Jack Cumpton, project architect, and Switzer Deason of Stanley Investment Group. Mr. McDougal stated that an agreement has been reached between First American Bank and Stanley Investment Group regarding the joint driveway but in City Council Regular Meeting Wednesday, November 20, 1991 Page 12 order for it to be successful, it must have a left turn lane off Texas Avenue from southbound traffic. Mr. Cumpton, 4103 South Texas, addressed the Council. He referred to the city policy regarding driveways and presented slides. Mr. Switzer Deason explained that Stanley Investment Group fully supports First American Bank for a joint curb cut between the two properties. But there is a proviso, the Stanley Investment Group needs a left hand turn from southbound traffic on Texas Avenue and if there is not left turn access from Texas Avenue, the next alternative is access off Miller's Lane. He emphasized that if there is not a left turn lane off of Texas Avenue that it will severely lirait the commercial viability of the tract, it will eventually eliminate it. Councilman Birdwen asked Mr. Deason if Stanley Investment Group would be asking for an additional curb 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 built at this site. He noted that additional acres abutting this tract is owned by the bank. 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 Punen explained that the points Mr. Cumpton 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 limitations of property frontage, and differences in volume of traffic. He explained that the question with respect to where driveways should be located is not a simple question, if is answered from a standpoint of safety and from traffic management. With respect to this site, the staff has recommended the driveway on Millers Lane. The driveway on Texas Avenue is in a free moving right turn lane. The distance from making the turn entering Texas Avenue from Millers Lane north is 140 feet. At the same time, a vehicle traveling at 30 mph and not accelerating, as one would normally do, would pass the intersection. He further pointed out that the turning movements from 2818 onto Texas Avenue are not made slowly. Again, if we add in this intersection at this close proximity another movement for a vehicle to look at, the left turning of the vehicle will severely increase the risk of accidents in the area. In some parts of the city, that has been recognized in places where the city has granted driveways. And to the public expense, median barriers have been erected to eliminate the left turn. For instance, State Highway 30 and Texas City Council Regular Meeting Wednesday, November 9.0, 1991 Page 13 Avenue. Mr. Pullen strongly recommended to the Council to deny the appeal on the basis that if it is approved and a driveway is installed at this location, at some point in the near future when 9.818 is extended and as development grows on the east side of the Bypass, the traffic volume will so increase in that intersection, a median will be installed to prohibit a left turn and this will be a public expense. Councilman Mc]]haney asked if the SH 6 expansion included an additional lane. Mr. Pullen replied that there are no immediate (2-3 year) plans to widen Texas Avenue with respect to the Highway Department; however, it is in the long range plan to widen Texas Avenue. Councilman Schneider asked if there are any legal ramifications. City Attorney Locke replied that under current Texas law, the city has immunity for street design, and there is no liability for granting the left turn lane. Councilman Gardner asked about the curb cut access to Stanley Investment property. Mr. Pullen remarked that the Stanley property must be platted before a building permit can be issued. The staff will recommend to the council when the plat 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. Cumpton replied that this is an alternative, but not favorable. Mr. Pullen remarked that the risk is reduced if 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 mph rather than 40 mph. He also suggested that a stop sign be placed at Miller's Lane rather than a yield sign. Councilman McIlhaney commented that her main concern at this intersection is · the safety factor of motorists. Councilman Birdwell 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 shared with First American Bank 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. City Council Regular Meeting Wednesday, November 20, 1991 Page 14 Mr. Cumpton remarked that he would withdraw the application if American Bank was not allowed access to the back property. City Manager Ragland asked for clarification. Councilman Birdwell remarked that if the developer moved the traffic in a "zig zag" pattern to the rear access, this would be acceptable. Mayor Ringer added that the objection is toward the straight path for customers to access the back property. Mr. Cumpton mentioned that the city staff has allowed one additional curb cut and it is located at the rear of the vacant property on Millers Lane. Mr. Deason of Stanley Investment Group remarked that he would be amenable to the action of the Council, 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 there to prevent left turns, it would be considered as a change in the 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 curb cut to extend in 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 another location on the property. Councilman Birdwell remarked that he does not object to internal circulation if the traffic makes a tm~ movement. Councilman Gardner asked if there are any provisions with respect to pedestrian waikways. Mr. Cumpton replied that pedestrian wailavays have been considered. Mr. Gardner also inquired about Vailey View onto Texas Avenue ff medians were constructed in the future. Mr. Cumpton pointed out that Valley View/Texas Avenue and the end of the Stanley Group property is approximately 278 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: 1. Stanley Investment agrees that as long as left turn lanes are allowed at the intersection, they will not have a curb cut on any location on their property; and ~.) the drive created by the curb cut not be extended in a straight line to serve the 4.88 acres to the east. City Council Regular Meeting Wednesday, November 9.0, 1991 Page The vote was taken and the motion carried by a vote of 4-3. FOR: Mayor Ringer, Councflmembers Birdwell, Schneider, Brown AGAINST: Councilmembers Crouch, Mcllhaney, Gardner _Aaanda Item No. 16 - ~ on Charter Am~.dmeats for Charter election in Mty, 1993. Assistant City Attorney Neal Coates addressed this item. Councilman Birdwell remarked that Section 9.4 may need to be rewritten for the public to better understand the intent of the proposition. He also referred to Article VII, Section 69 with respect to the Director of Finance's responsibility. The ordinance will be considered in at the February meeting. _Agenda Item No. 17 - Update on Council Jssue No. 6 - Street Mainte~tnce. Director of Public Services Joe LaBeau presented this item. Councilman Birdwell moved to defer this item to a future council meeting. The motion was seconded by Councilman Brown. After council ~li-~cussion, the Mayor asked staff to make a brief report. Asst. Public Services Mark Smith made a brief presentation. He reported that 98% of the streets are in good condition, with 9.% 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 surface of Dominik is not a smooth street. He also mentioned that there are potholes along the curb of streets. Mr. La.Beau 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 - Council Continents. Councilman (.~ardner mentioned that he is happy about the beginning construction of the Wolf Pen Creek project. City Council Regular Meeting Wednesday, November 20, 1991 Page 16 Councilman Brown thanked Connie Hooks for giving a tour of City Hall for the Daisy Girl Scout troop. Councilman Mcnhaney thanked the Police Department for the Police Accreditation Program and its success. She thanked the media for the positive coverage of the positive efforts of our staff. She inquired about the signalization at 2818 and Emerald Forest. Councilman Schneider thanked the Environmental Issues Committee of the Student Government Association for their efforts. Councilman Birdwen mentioned that the city should investigate the appropriate crepe myrtle species to plant in the city. Student Gov't Liaison John Lauletta commented that he will continue to work with the Environmental Issues Group and will do his best to benefit the city. Mayor Ringer distributed invitations to the City Open House December 5th and Gracie Calbert would like each Councilman to greet guests on a rotating basis. He also mentioned that if any Councilman has pending items they would like the council to discuss, please let him know. Agea,4- Item No. 19 - City Manager Comments. City Manager Ragiand did not report any concerns. Agenda Item No. 20 - Hear VJsitom. No one spoke. Aaend~ Item No. 21 - Closed session to receive discuss lsnd scau]sition [6282-17(2)(~]. sad (21.1) Staff Report a. Legal Report (21.2) Land Acquisition a. Office Space (21.3) Personnel a. Committee Appointment ZB~ Alternate The council moved into closed session at 7:01 p.m. City Council Regular Meeting Wednesday, November 20, 1991 Page 17 Item No. ~ - Act~ on closed The council reconvened into open session at 8:03 p.m. The following action was taken. Councilman Brown moved to appoint John DeLoach to the Zoning Board of Adjustments. The motion was seconded by Councilman Schneider which carried unanimously, 7-0. _AaevAa Item No. 23 - Adjourn. Mayor Ringer adjourned the meeting at 8:04 p.m. AT~EST: , ,~ City Secretary Connie Hooks APPROVED: Mayo~ ~UEST REGISTER C~TY COUNCIL REgULaR HEET~N~ WEDNESD&Y~ NOVEHBER 20, ~992 4~00 P.M. 11. 12. 13. 14. 15. 16. 17. 18. 19. 10. 20.