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HomeMy WebLinkAbout09/25/1986 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Boughton, Brown, Haddox, Tongco, Jones COUNCIL MEMBERS ABSENT: Councilman Bond STAFF PRESENT: City Manager Cole, Director of Capital Improvements Ash, Planning Director Mayo, City Engineer Pullen, Assistant Planning Director Callaway, City At- torney Locke, City Secretary Jones, Assistant Finance Director Schroeder, Purchasing Agent McCartney, Council Coordinator Hooks STUDENT GOV'T LIAISON: Mike Hachtman VISITORS PRESENT: See Guest Register. Agenda Item No. 1 - Signing of a proclamation designating Saturday, September 27, 1986 as "Hunting and Fishing Day" in College Station, Texas. Mayor Ringer signed a proclamation designating September 27, 1986 as "Hunting and Fishing Day" in College Station. Elrey Ash, representing the Brazos 4-H Sportsman's Club, accepted the proclamation. Agenda Item No. 2 - "Presentation of "Rich Past - Bright Future" book to the College Station Library from Representative Richard Smith. Mayor Ringer announced that this item was withdrawn from the agenda and will be rescheduled. Agenda Item No. 3 - Approval of the minutes of the City Council Workshop Meeting, September 10, 1986, the City Council Special Meeting, September 11, 1986 and the City Council Regular Meeting, September 11, 1986. Referring to the Minutes of the Regular Meeting, September llth, Councilman Boughton corrected the vote on the motion approving the city's depository bank, to reflect the vote of 6-0-1, with Councilman Brown abstaining. She also changed the word "resume" to "assume" under Agenda Item No. 11 in the same Minutes. q058 0 CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 PAGE 2 The minutes were approved as corrected. Agenda Item No. 4 - A public hearing on the question of rezoning a 15.44 acre tract of land, located along the west side o~ Dart- mouth Drive north of the Brentwood Subdivision, from R-2 Duplex Residential to P.U.D. ~2. Assistant Director of Planning Jim Callaway presented this item and described the existing tract. He stated that the tract is located between Dartmouth Street and the extension of Cornell Drive. Zoning in this area includes R-4, R-1 to the north, R-1 zoning to the east and south, and R-5 zoning to the west. The subject tract is vacant and is reflected as medium density resi- dential on the land use plan. He stated that this tract has been previously considered by the council and a request for R-5 zoning was denied without prejudice. This P.U.D. #2 request includes a preliminary plat and development plan. Mr. Callaway explained that the applicant has provided for a pro- posed development to house fraternity/sorority groups. He stated staff's recommendations for approval of this request, as follows: (1) The final submission should include provisions for a Homes Association to provide for the maintenance of the commons area; (2) If stage construction is proposed, the stages should be reflected on the final development plans; (3) actual land use in- tensity ratios on each lot must be provided for each structure prior to construction; (4) the actual site development should comply with parking and landscaping site plan review sections of the zoning ordinance; (5) final submission should include com- plete site plans for all lots within that stage. The Planning and Zoning Commission recommended approval of the request in accordance with staff's recommendations. Councilman Boughton asked the number of parking spaces provided for this development compared to parking spaces at sorority houses. Mr. Callaway replied that there will be as much or more parking spaces provided as in a sorority development. Mayor Ringer opened the public hearing. Mr. Bill Scasta of 2427 Briargate, Bryan, Texas came forward on behalf of the property owners to ask council for approval of the request with staff's recommendations. 00589t CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 PAGE 3 Alymer Thompson, 2305 Auburn Court, came forward to speak in favor of this rezoning. He reiterated that the requirements by the staff include a physical buffer zone between R-1 to the south and the development, and that if the applicant cannot carry out this plan as outlined, the P.U.D. ~2 zoning would revert to R-2 zoning. Mr. Callaway stated that Mr. Thompson is correct in statinG these facts. He also pointed out that the developer has the option of requesting a twelve-month extension to submit final plats. Mayor Ringer closed the public hearing. A~enda Item No. 5 - Consideration of an ordinance rezonin~ the above tract. Councilman Brown moved approval of Ordinance No. 1679 rezoning 15.44 acres located along the west side of Dartmouth Drive north of the Brentwood Subdivision, from R-2 Duplex Residential to P.U.D. ~2. Councilman Boughton seconded the motion which was approved unan- imously, 6-0, with Councilman Bond absent. Councilman Tongco commented that the layout is extremely attrac- tive and appears very effective. Councilman Brown added that he appreciates Mr. Scasta for his patience and for his work to help the neighborhood. Mayor Ringer also thanked Mr. Thompson for his work in this effort. A~enda Item No. 6 - Consent AGenda: BIDS: Bid ~87-15 - Telemetry Maintenance AGreement The above item was approved by common consent. A~enda Item No. 7 - Second Consideration of an Ordinance ~ranting the Right, Privilege, and Franchise to General Telephone Co. oi the Southwest. Mayor Ringer stated that the first reading of the ordinance has been approved. Councilman Boughton moved approval of the second consideration of an ordinance granting the right, privilege, and franchise to General Telephone Co. 905892 CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 PAGE 4 Councilman Tongco seconded the motion which was approved unan- imously, 6-0, with Councilman Bond absent. Agenda Item No. 8 - Consideration of allowing an additional curb cut requested for a commercial site located at Spring Loop and Universit~ Drive. Mayor Ringer stated that this item is before the Council at the request of the applicant Mack Randolph, appealing the City Engi- neer's decision to deny a second curb cut on Spring Loop for a proposed development. City Engineer David Pullen pointed out the subject area as shown on the map. The site is located at the corner of Spring Loop and University Drive and also the intersection of Lincoln Street ex- tension. He stated that the State Highway Department will be letting bids for widening University Drive to Lincoln Street intersection. There may eventually be a lighted intersection at that point. Mr. Pullen reviewed the background concerning the rezoning and replatting of this property. He explained that the applicant re- ceived approval for a drive access on Spring Loop opposite April Bloom. However, one of the potential users of the site requires a drive-thru window, for which purpose the developer has proposed a second access drive in back of the site. Mr. Pullen discussed setback requirements and how they apply to this situation. He stated that he and the traffic engineer were concerned with the setbacks, and with the volume of traffic and traffic speed. A current setback policy has been prepared and ac- cording to the criteria, the nearest drive access to Spring Loop on University Drive would be 350 feet. The minimal space re- quired between University Drive and the Spring Loop driveway centerline would be approximately 160 feet. Mr. Pullen pointed out that the driveway is acceptable under the policy; however, the driveway would be blocked by a stack of seven vehicles or more waiting for left-turn or straight-through movements at the University Drive intersection. He stated his concern also for the minimal sight distance of the motorists approaching from two directions. Mr. Pullen pointed out that the speed of traffic will increase with the addition of a traffic light, rather than decrease. He mentioned several situations that could create traffic problems g0589 CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 PAGE 5 at the site. He stated that the staff did not feel the site met any of the variance considerations allowed by the City Code. Councilman Brown asked if "No Parking" signs painted along the curb would help eliminate some of the problem. Mr. Pullen re- plied that this could be done, but noted that the street is 47-foot wide and serves as an urban collector street. Architect Charlie Burris, representing the owner Mack Randolph, commented about the development flexibility allowed by ordinance in the city policy, and stated that the zoning for this tract allows for a restaurant with off-premise food consumption only, which refers to a drive-thru facility. He explained that the owner has a tenant who is interested in this type of space and who will need the requested drive access. The primary use pro- posed for the site is for a convenience store requiring a fuel island. Mr. Burris stated that they have designed 15 different concepts addressing every conceivable approach for site usage. The owner feels that the requested additional one-way exit-only curb cut onto Spring Loop will not generate additional traffic; he pro- poses to use signage indicating "exit only". Also, the owner is willing to add signage at the entry indicating drive-thru only. Mr. Burris stated that the owner intends to use landscaping and curb cut design itself to deter entry off Spring Loop. Mr. Burris pointed out that one of the concerns of the city staff relates to the proposed location for the dumpster. He stated that Bob Epps has approved the dumpster location behind the pro- posed building, as well as an alternate location that would be available by placing the dumpster on a vacant pad behind the apartment complex adjacent to the site. Mr. Burris added that the owner was requesting the Council to demonstrate an attitude of development and promotion of new busi- nesses while upholding the citizens' rights and safety. Councilman Haddox asked Mr. Burris.to explain the effect on the flow of traffic if an additional curb cut were granted. Mr. Burris replied that at this time, the layout shows a convenience store as the center of the complex. The store will have a fuel island. The owner of the development will landscape and camou- flage the curb cut to deter motorists from turning the wrong way q05894 CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 PAGE 6 through the drive-thru. Mr. Burris stated his opinion that there would not be a traffic hazard at this location. Possible alternatives to the proposal were suggested and dis- cussed. Mr. Burris indicated that some control could be pro- vided by design of the drive-thru. He stated his hope that by minimizing the size of the drive-thru, the drive-thru would be used only for the intended purpose and not as a convenient lane for entering and exiting the parking lot. Councilman Jones commented that she could not see Mr. Randolph's request as an insurmountable problem. Councilman Boughton stated that the council has previously denied additional curb cut requests. Councilman Tongco added that curb cut variances have been granted with the consideration of safety involved. Mr. Burris commented that examples of two curb cuts can be seen around the city. He referred to the danger factor of the curb cuts by the Hilton. Councilman Boughton asked if the effort has been made to place the building in a different position on the lot. Mr. Burris replied that he drew a number of design options for this site; he added that the final plan has been changed six times. Mayor Ringer stated that the staff has established criteria for curb cuts based on safety considerations. He said that the coun- cil may disagree with the statements about safety and feel there are unique characteristics of the site and, as a consequence, may overrule the City Engineer's denial. Councilman Brown asked City Engineer Pullen if a second curb cut could be designed for right turn only. Mr. Pullen replied that the right turn only lane would held the restrictiveness of the problem, but with the small space, the motorists may have a problem turning into the right lane. He further stated that he would not see a problem with the curb cut if "no parking" was painted on the curb, and drive ac- cess made to a right hand turn, but in order for this to happen, the building may need to be relocated. He stated his opinion that the motorists will be able to make a right turn into the center lane, but cannot make a 360 degree right turn. He added that this does not mean all vehicles, just the standard design vehicle. Councilman Haddox moved approval of the additional curb cut with the provision that the developer will make necessary procedures 905895 CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 PAGE 7 to obtain a right turn only lane at the second curb cut, with proper signaGe. Councilman Brown seconded the motion which was approved by a vote of 4-2. FOR: AGAINST: Councilmen Haddox, Tongco, Jones, Brown Mayor Ringer, Councilman Boughton A~enda Item No. 9 - Consideration of a change order for the repair of the Texas Avenue Elevated Water Tank. City Manager Cole stated that the change order is for addition- al funds needed for correcting "rust-outs". Inspections have re- vealed that the inside of the tank is in worse shape than antici- pated when the bid specifications were written. Councilman Tongco moved approval of the $9,100.00 change order for the repair of the Texas Avenue Elevated Water Tank. Councilman Boughton seconded the motion which was approved unan- imously, 6-0. A~enda Item No. 10 - Consideration of authorizing the Cit~; Manager to renew the City's Workers' Compensation Policy. City Manager Cole noted that the workers' compensation policy is due for renewal the end of September. A proposal has been re- ceived from the Texas Political Subdivision and staff is request- ing direction from the council. Assistant Finance Director Glenn Schroeder presented a summary of the proposed contract and discussed the two plans available: (1) a guaranteed cost plan, which the City has carried previously; and, (2) the cash flow plan. He explained that the costs paid to the Texas Political Subdi- vision under the guaranteed cost plan is a manual premium deter- mined by the city's total budgeted payroll and rates provided by the state insurance board. The city's experience modifier is applied to the manual premium to determine a discounted premium. He stated that the experience modifier over the last five years is 50-60% which indicates the city's experience in the area of workers' compensation claims is very good. He further stated that an adjustment is made at the end of the insurance year on the basis of the city's actual payroll; Generally, the budgeted q05896 CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 PAGE 8 payroll is slightly more than the actual payroll, and the city would expect to receive a small rebate. Mr. Schroeder discussed the important difference of the cash flow plan from the guaranteed cost plan. Under the cash flow plan the city makes payments to the Texas Political Subdivision on the basis of the claims that Texas Political Subdivision has to pay under the Workers' Compensation Act. He added another point of difference is that claims are generally paid over a period of four to five years. He referred to Exhibit I and explained the premium and loss exhibit as of 6-25-86. He added that the schedule indicates that the City has a good workers' compensation history. Mr. Schroeder referred to an exhibit illustrating the cash flow plan cost. He explained the loss ratio of 50% and said that losses claimed may be $145,600.00. He pointed out that the gregate stop loss reinsurance states that over the next three years, the maximum the city will have to pay is the standard pre- mium. It prevents the city from paying over the standard premium of $900,000.00. The aggregate stop loss is a "hedge" against the $200,000.00 per occurrence under the catastrophe reinsurance. Councilman Haddox pointed out that the aggregate stop loss makes sure the city does not have to pay more than $291,000.00, the standard premium without the premium discount. The cash flow plan has tremendous savings versus losing the premium discount, if losses were very bad. Under the fixed costs, the total pre- mium dollars the city would be expected to contribute would be $247,000.00 with a rebate of $12,000.00 to $15,000.00. Mr. Schroeder said that the staff recommends the cash method. flow Councilman Boughton moved approval authorizing the City Manager to renew the City's Workers' Compensation Policy under the cash flow plan. Councilman Haddox seconded the motion which was approved unan- imously, 6-0. 905897 CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 PAGE 9 Agenda Item No. 11 - Consideration of authorizing the Ma~or to execute an agreement with Texas A&M Universit~ for a contribution to airport improvements. Mayor Ringer stated that this fund has been budgeted for the im- provements of the airport. An agreement is required to be signed each year. City Manager Cole stated that $100,000.00 goes toward matching funds of the airport development aid grant program. Mayor Ringer noted that the University will be asking Council to attend a pre- sentation on the present and future projects. Councilman Tongco moved approval authorizing the Mayor to execute an agreement with Texas A&M University for the city's contribu- tion of $100,000.00 for airport improvements. Councilman Boughton seconded the motion which was approved unan- imously, 6-0. Aqenda Item No. 12 - EMERGENCY ITEM: Consideration of autho- rizing a contract with the Brazos Count~ Appraisal District for ad valorem tax collections. Mayor Ringer noted that tax collection season begins October 1, 1986, and this meeting offers the last opportunity to authorize a contract that would become effective for the tax period forth- coming. Councilman Brown moved approval of the emergency item to be placed on the agenda. Councilman Boughton seconded the motion which was approved unan- imously, 6-0. Mayor Ringer passed copies of the proposed contract to the council. City Manager Cole recalled that Arthur Young & Co. recommended the city move the tax collections to the county; their recom- mendation was based on anticipated savings. He stated concern that the city would be acting quickly, and that the staff has had limited time to review the consequences which may derive from the move. Mr. Cole recommended that the city make the move to the county for tax collection. 905898 CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 PAGE 10 City Attorney Locke summarized sections of the proposed con- tract. She pointed out that the council should be aware that the county may decide costs should be charged to each jurisdiction for collecting taxes; the contract provides that the county may impose a fee up to one dollar per parcel per year. Payment would be made on a quarterly basis. Also, a notice would need to be given by March 31st, if Council decides to terminate the agree- ment. Councilman Tongco asked for clarification of the term "parcel." County Tax Assessor Buddy Winn replied that a parcel is one tract of land; as 12,500 parcels are shown for College Station, the maximum associated cost to the city would be $12,500.00. City Attorney Locke stated that the contract allows the city to audit the records at any time and the county agrees to provide a copy of its annual audit; it also states that the county shall obtain a surety bond of $50,000.00. Section 8 of the contract requires the county to make daily deposits to the city's bank account, and, Section 9 states the term of the contract, which allows a year-to-year renewal. Councilman Haddox asked if there would be a problem for the city staff to obtain needed information from the tax files at the county office. Mr. Winn explained that there would be no problem in giving the city tax office any information they request from the appraisal district. He noted the availability of microfiche records. Councilman Brown moved approval of Ordinance No. 1680 authorizing the Mayor to execute a contract with the Brazos County Appraisal District for ad valorem tax collections. Councilman Jones seconded the motion which was approved unan- imously, 6-0 with Councilman Bond absent. A~enda Item No. 13 - Hear Visitors. Hugh Nations, 1308A Manuel Drive, stated that a trash problem has existed on his street for a year or so. The street is often littered with scattered garbage. He stated that the garbage pickup days are Tuesday and Friday, but many people choose to set out their garbage on Sunday. He suggested that someone should begin enforcing the existing ordinance regulating disposition of garbage. 005899 CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 PAGE 11 Councilman Jones noted that she has referred this matter to City Manager Cole. City Manager Cole reported that staff placed tags on the doors of Manuel Drive residents, to inform them of the designated pickup days. The public services department also de- livered to each home, a form letter asking people to refrain from putting garbage out until collection day. This action did not seem to have any effect. The public services department then acted by picking up the trash which was not out on the proper days. The addresses were noted and these residents were sent a personal letter informing them they were in violation of the ordinance and subject to a fine. Mayor Ringer commented that this action seemed very reasonable. He stated that actually two problems exist; the occupants are placing their trash on the curb other than the day intended, and, the animals which spread the trash are not leashed. Mayor Ringer asked staff to begin stricter enforcement of the ordinance. Agenda Item No. 14 - Closed session to discuss pendin9 litigation [6252-17(2)(e)] and land acquisition [6252-17(2)(f)]. The council moved to closed session. Agenda Item No. 15 - Action on closed session. No action was taken in closed session. Agenda Item No. 16 - Adjourn. Mayor Ringer adjourned the meeting. ATTEST: Dian Jo;~e~, City Secretary APPROVED: ~ayor 905900 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 25, 1986 7:00 P.M. o 17. 18. 19. 20. 21. 22. 23. ® 24. 25. 10. 26. 11. 27. 12. 28. 13. 29. 14. 30. 15. 31. 16. 32. 00590.2..