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HomeMy WebLinkAboutMIN 04.11.2000 CC-WThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor MaryEllen Kersch presiding. Council Present: I Absent: Charles "Hors" Burson, Charlie Barton, '';Shorty Valdez Ferd Tonn, Lee Bain, Susan Hoyt, Clark Lyda Staff Present: George Russell, Assistant City Manager; Marianne Banks, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Acting Finance Director; Verna Browning, Director of Community Services; Jim Briggs, Director of Community -Owned Utilities; Ed Barry, Chief of Development Services;Tom Bolt, Development Planner; Randy Morrow, Director of Parks and Recreation; Pablo Holguin, Director of Employee and Organizational Services; Jim Babcock, Development Technician; Terry Jones, Purchasing Director; Wendy Walsh, Development Planner Called to order at 5:35 p.m. A Discussion and possible selection of various options for revision to the proposed amendments to the City's Zoning, Subdivision Regultions and Sign Ordinances which are intended to provide interim regulations to address urban design issues for the community -- Charlie Barton, Hoss Burson and Clark Lyda Following the previous night's workshop on the revisions to the proposed ordinances, Ed Barry answered questions to further clarify the revisions for Council. 5:57 p.m. Recess - Resumed Open Session at 7:13 p.m. B Sec.551.071 consultation with attorney C Sec.551.072 deliberation on real property - Transfer of property for right of way for Texas Department of Transportation D Sec.551.074 personnel matters - Process for review of City Manager and City Attorney Job Descriptions - Process for selecting City Manager - Appointment and/or Process for Appointment of Associate Municipal Judge E Sec.551.086 deliberation regarding economic development - Rivery City Council Meeting Minutes/April 11, 2000 Page 1 of 7 Pages Executive Session was deferred to the end of the meeting. Regular Session Mayor welcomed the audience and outlined Council Meeting procedures. F Action from Executive Session There was no action at this time. G Comments from Mayor regarding the following items: - Proclamation declaring April 15 and 16 as "Red Poppy Celebration Weekend" Mayor read and presented the proclamation to Verna Browning, Director of Community Services. Mayor and Bain distributed City of Georgetown lapel pins to Boy Scouts in the audience working on their communication badges. - Report on Mayor's Meeting with Board and Commission Chairs Mayor gave a report on her meeting with the Chairs. She asked Council for any suggestions. H Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate - Sue Tabbert, Outreach Coordinator for the Williamson County and Cities Health District -- to inform Council about the Children's Health Insurance Program (CHIP) Tabbert told Council that due to the generosity of the Dell Family, the Health District was able to begin the insurance program early in Williamson and Travis Counties. She noted that the new program is not only for low-income families. She noted that surveys were distributed in the schools. - Gerry Anderson -- (1) Need for the road behind the Candle Factory (grant for road for Georgetown Water Park, Inc.); Fire and Police and EMS response times to Clearview Subdivision; (2) improper action of Mayor Kersch in appointing a citizen -at -large (Clark Thurmond) to negotiate terms with an outside vendor concerning the construction of the new Airport Terminal Building/renovation of the existing Airport Terminal Building and requesting that the City of Georgetown be reimbursed by Mayor Kersch personally for any engineer or architect fees that are incurred due to the extra time spent with Clark Thurmond; (3) failure by Mayor to follow proper procedure on Agenda Item 00 at the March 28, 2000 Council Meeting regarding the de -annexation of the Embree property; and (4) refusal of the Mayor to allow Gerry Anderson to speak at the last meeting. Anderson said he was concerned about the emergency vehicle access to the Clearview Subdivision due to the one-way designation of the IH35 frontage road. He said he does not care about the waterpark but he wants the road built that the Capital Fund Grant would have funded. He also said it was his opinion that the Mayor used improper action regarding an item on the agenda concerning the Embree disannexation. Mayor responded to his allegations. She said the decision not to pursue the Capital Fund Grant was determined by a 6-0 vote of the Council. She said in regard to the airport terminal, various Councilmembers requested that certain options be explored. She noted that once an item has been voted on it is set aside and the Council has to bring back an item in order to discuss it further. She told Anderson it was not intended that his rights be infringed upon. She offered to speak to him further at a future time regarding these issues if he so desired. Hoyt noted that Capital Projects would be discussed at the April 25 Council Meeting in a special workshop item. Consideration of approval of the minutes for the Regular Council Meeting on March 28, 2000 -- Sandra D. Lee J Consideration of an update report on the status of the 2000/01 budget process -- Micki Rundell K Consideration of a resolution of support for the Century Plan Housing Element Working Group's policy City Council Meeting Minutes/April 11, 2000 Page 2 of 7 Pages statements and development of an ordinance and zoning category for High Density Residential development -- Verna Browning L Consideration of an award of bid for precast concrete electrical manholes to Hughes Supply, Inc. in the amount of $27,845.00 -- Terry Jones and Jim Briggs M Consideration of a resolution authorizing the Release of a Special Assessment Lien against property currently owned by Roy Headrick, Jr. and Janie Headrick -- Marianne Banks N Consideration of a resolution expressing official intent to reimburse costs for lighting the McMaster Athletic Complex not to exceed $500,000 with proceeds from bonds that will be issued at a later time -- Micki Rundell (pulled by Mayor, see Regular Agenda) O Consideration of an award of bid for lighting the new Athletic Complex on College Street to Cherokee Construction, LP in the amount of $490,000 -- Terry Jones and Randy Morrow (Pulled by Mayor, see Regular Agenda) P Consideration of a resolution to authorize a License to Encroach into a thirty (30) foot drainage easement in 13.935 acres in the William Addison Survey to be known as Georgtown Place, Block A, Lot 1, located on Quail Valley Drive east of Georgian Drive -- Jim Babcock and Ed Barry Q Consideration of a resolution to authorize a License to Encroach into a twenty (20) foot public utility easement in 13.935 acres in the William Addison Survey to be known as Georgetown Place, Block A, Lot 1 and 2, located on Quail Valley Drive east of Tower Drive -- Jim Babcock and Ed Barry R Consideration of a Reinstatement of the Public Review Final Plat and Record Final Plat of 33.983 acres in the David Wright Survey, to be known as the Fails of San Gabriel, located along Booty's Crossing Road -- Carla Benton and Ed Barry (Bain abstained) S Consideration and possible action on a Variance to the Subdivision Regulations for Churchill Farms, Section Four, Block B, Lots 9 and 10 located at 102 Highalea Court and 117 Retama Drive -- Tom Bolt and Ed Barry Motion by Tonn, second by Barton to approve the Consent Agenda with the exception of Items N and O. Approved 6-0. (Valdez was absent) Kersch said a citizen had requested to speak on Items N and O. Jim Brown, 117 Randolph Road, disagreed with the process and Council's action regarding the lighting of the athletic fields. He also asked that the lights be installed in a downward direction. N Consideration of a resolution expressing official intent to reimburse costs for lighting the McMaster Athletic Complex not to exceed $500,000 with proceeds from bonds that will be issued at a later time -- Micki Rundell Lyda reminded Council that there is $3.8 million left from the previous bond issue. He said he would like to see the cost of this lighting taken from that amount. Russell said those bonds are specific to certain projects and cannot be used for anything else. Rundell confirmed that park improvements were not included in that bond issue. Lyda asked if there were any other way to fund the lighting rather than invoke the obligation of a later Council. Rundell and Russell noted there was no clean way to use funds designated for other projects. Items N and O were joined for the motion. Motion by Hoyt, second by Bain to approve both items. Approved 5-1. (Lyda opposed) O Consideration of an award of bid for lighting the new Athletic Complex on College Street to Cherokee Construction, LP in the amount of $490,000 -- Terry Jones and Randy Morrow Items N and O were joined for the motion. Motion by Hoyt, second by Bain to approve both items. Approved 5-1. (Lyda opposed) City Council Meeting Minutes/April 11, 2000 Page 3 of 7 Pages Items AA thru EE were moved forward at this time. AA Consideration to defer to the April 25, 2000 City Council Agenda the First Reading of an Ordinance to amend the Century Plan for River Hills, Section 4 and The Rivery, Lots 1, 2 and 3, from Intensity Levels 3, 4, 5 and 6 to Intensity Level 5, to be know as The Rivery, Phase 1, located on IH35 and Rivery Boulevard -- Scott Ingalls and Ed Barry Motion by Lyda, second by Barton to defer AA through EE to the April 25, 2000, City Council Agenda. Hoyt asked that the neighborhood be informed that it was the developers that asked for deferral. Approved 6-0. BB Consideration to defer to the April 25, 2000 City Council Agenda the First Reading of an Ordinance to Rezone River Hills, Section 4, from RM -3, Residential -Office and Service District to C-1, Local Commercial; and a 43.99 acre portion of The Rivery, Lot 1, from C -2A, Commercial First Height Restricted to C -2A, Commercial First Height, removing the prohibition against residential use, or any more restrictive district -- Scott Ingalls and Ed Barry Motion by Lyda, second by Barton to defer AA through EE to the April 25, 2000, City Council Agenda. Hoyt asked that the neighborhood be informed that it was the developers that asked for deferral. Approved 6-0. CC Consideration to defer to the April 25, 2000 City Council Agenda the consideration of a Concept Plan for River Hills, Section 4, and The Rivery, Lot 1 and to be known as The Rivery, Phase 1, located on IH35 and Rivery Boulevard -- Scott Ingalls and Ed Barry Motion by Lyda, second by Barton to defer AA through EE to the April 25, 2000, City Council Agenda. Hoyt asked that the neighborhood be informed that it was the developers that asked for deferral. Approved 6-0. DD Consideration to defer to the April 25, 2000 City Council Agenda the First Reading of an Ordinance to Rezone Rivery Subdivision, Lots 2 and 3, from C -2A, Commercial First Height Restricted to C -2A, Commercial First Height Restricted to allow multifamily residential, and C-213, Commercial Second Height, or any more restrictive district, to be known as The Rivery Park, located on South IH35 along the proposed Rivery Boulevard -- Scott Ingalls and Ed Barry Motion by Lyda, second by Barton to defer AA through EE to the April 25, 2000, City Council Agenda. Hoyt asked that the neighborhood be informed that it was the developers that asked for deferral. Approved 6-0. EE Consideration to defer to the April 25, 2000 City Council Agenda the consideration of a Concept Plan for Rivery Subdivision, Lots 2 and 3, to be known as The Rivery Park, located on South IH35 along the proposed Rivery Boulevard -- Scott Ingalls and Ed Barry Motion by Lyda, second by Barton to defer AA through EE to the April 25, 2000, City Council Agenda. Hoyt asked that the neighborhood be informed that it was the developers that asked for deferral. Approved 6-0, T Consideration of a Letter of Support to the Capital Area Rural Transportation System (CARTS) for an application to the Texas Department of Transportation for funds to develop a comprehensive transit services plan for Williamson County -- Verna Browning Browning told Council that CARTS is asking for the letter of support for their application to aid them in providing greater regional transit services. Kersch confirmed that this is not a request for financial support. Motion by Tonn, second by Barton to approve the letter of support. Approved 6-0. U Consideration of a Letter of Support to the Capital Area Rural Transportation System (CARTS) for an application to the Texas Department of Transportation for an intermodal facility planning grant -- Verna Browning Browning noted that this item is similar to the previous item. She said right now Georgetown is not receiving bus services although 11 buses go through Georgetown. She said this application would provide a stop in Georgetown. She said CARTS may come back in the future for a local match of $1500. Motion City Council Meeting Minutes/April 11, 2000 Page 4 of 7 Pages by Tonn, second by Burson to approve the letter of support. Approved 6-0. V(X) Consideration of an application from Williamson -Burnet County Opportunities Inc. for $10,000 in matching funds to offset costs of paving a parking lot -- Verna Browning (Toon abstained) It was pointed out that although this item is listed as Item V on the Agenda, the information in the packet is provided with a cover sheet marked "X." Browning noted that this item is in response to the request of a speaker at a previous Council Meeting who requested paving materials, and they were asked to fill out the application form. She said they paved the parking lot and are now asking for a reimbursement of the cost. Russell noted that the cost of the materials they had previously requested was approximately $10,400. Bain confirmed that the $10,000 would need to come from the Council Contingency Fund. Hoyt asked if the County had also been requested to contribute. Browning said that other agencies had provided materials and funding. Lyda suggested this be brought back as an item to be funded in next year's budget. Bain confirmed that the $10,000 would help to pay off a loan that was secured in order to do the project, and the funding from the Council would help pay for direct services. Bain said although he would like for the City to help the WBCO, he thinks the request should go through the budget process. Barton asked if other cities and Burnet County had been asked to contribute. The information was not known. Motion by Lyda, second by Burson to defer this item to the budget process. Approved 5-0. (Tonn abstained) W (V) Consideration of a resolution in support of the conversion of the IH 35 Frontage Road, from Lakeway Drive to State Highway 195, to convert from a two way frontage road to a one-way frontage road -- Mark Miller and Jim Briggs It was pointed out that although this item is listed as Item W on the Agenda, the information in the packet is provided with a cover sheet marked W." Briggs distributed a map and explained the plan to leave a two-way portion of the frontage road until the Inner Loop is completed so as not to create a hardship to the businesses in Industrial Park North. He noted that American Fence and Hog Alley are the two businesses affected on the west side of the Interstate. He introduced Tim Weight from the Texas Department of Transportation who explained that the ramps would be reversed as they were on the portion of IH35 further south. He said the reason for converting to one-way is because in the last three years there have been 31 accidents in this area. He explained that the "free right" will be removed as you come east on the overpass, causing eastbound traffic to pass through a stop -sign intersection before turning right. He told Council the frontage road would also be lighted. Lyda recalled the difficulties described by Gerry Anderson and expressed previously by River Hills residents regarding the previous one-way conversions of the IH35 east frontage road. Bain asked when the actual reversal on the frontage road would take place. Weight said it might be over a year before the frontage roads would actually be reversed. Weight noted that federal highway officials would like to see all two-way frontage roads converted to one-way. Briggs noted that because of Airport Road and the road into Berry Creek, customers and emergency vehicles for the two businesses on the west side of the frontage road actually have two-way access. Lyda said he is concerned that the City will have to spend money to provide access for the residents and businesses that are denied access by the one-way conversions. He said he thinks the conversion is premature until alternate roadways are completed. Bain asked for input from the Public Hearing that was held this evening. James Klotz from the Texas Department of Transportation (TxDOT) said there were three people who spoke at the Hearing and they were all in favor. He said the only opposition he has seen has been from the Sun Mart and TxDOT is negotiating with them about some possible alternatives. He noted it would be more proactive to do the ramps at this time before more development occurs. Motion by Hoyt, second by Barton to approve the conversion of the frontage road. Approved 5-1. (Lyda opposed) X Consideration of a Revised Fifth Amendment to the Development Agreement with Del Webb Texas Limited Partnership, concerning the development of the Planned Unit Development of Sun City Georgetown City Council Meeting Minutes/April 11, 2000 Page 5 of 7 Pages -- Marianne Banks Banks noted she had provided to Council on the dais some further information relative to this item. Motion by Barton, second by Tonn to approve the Revised Fifth Amendment to the Development Agreement. Approved 6-0. Y (W) First reading of an ordinance disannexing 9.023 acres of land in the John Berry Survey, known as Lots 1-4, Embree Subdivision -- Marianne Banks Banks read the caption of the ordinance. Motion by Barton, second by Tonn to approve on first reading. Approved 5-0. (Bain abstained) Z First reading of an ordinance amending Chapter 10.16.080 of the Code of Ordinances regarding the parking and storage of commercial vehicles on public property -- Marianne Banks Banks noted that this ordinance is broadly drafted and pertains to some vehicles being currently stored at the public parking lot on Rock Street. She read the caption of the ordinance. She called Council's attention to the definition of commercial vehicle on page 2 of the ordinance. She asked Council if they had further direction regarding the wording of the ordinance. Lyda suggested using Section 4 and leaving out Section 6. Bain agreed that Section 6 contained vague language. Banks suggested that Code Enforcement could bring back some further information for Council's consideration. Bain suggested striking #3 under Commercial Vehicles. Barton suggested expanding the definition of "store" to restrict it to no more than 48 hours. Bain pointed out that it would require someone to monitor the vehicles and mark the tires. Banks confirmed that the changes tonight would be incorporated in the second reading. Motion by Bain, second by Lyda to approve the ordinance on first reading with the following changes: strike out Item #3 under Commercial Vehicle designation and strike out the amendment to paragraph six, which, therefore, eliminates the definition of passenger vehicle. Approved 6-0. 8:59 p.m. recessed -- Resumed at 9:22 p.m. FF First reading of an ordinance amending the Zoning Ordinance to include standards for implementation of the Urban Design Element of the Century Plan -- Charlie Barton, Hoss Burson, and Clark Lyda Banks said she had not researched the legality of a sunset provision for the zoning ordinance, and informed Council that the captions were not published with sunset provision included, so they would have to be read in their entirety. If that were to be included, there would need to be a third reading. Banks read the caption of the ordinance. She noted that the wording regarding the "sunset clause" would have to be added. Tonn clarified that the "sunset clause" would need to be added on second reading. Banks said she doesn't think without research that a sunset clause is appropriate for a zoning ordinance. She said she could do the research and bring it back to Council. Bain confirmed with Banks that an additional ordinance to add a sunset clause to this ordinance could be brought forward at the next Council Meeting. Banks recommended a staff review in six months rather than a sunset clause on the ordinance. Motion by Barton, second by Burson to approve the ordinance on first reading with the revisions provided by the staff with the following options: on page 8, which is Sec. 2.0205, options A and B; page 63, Sec. 4.106, option A; page 70, Sec. 5.501, option A; page 72, Sec. 5.601, option A; page 73, sec. 5.604, option A; page 110, Sec. 11.403, option B; and a review at whatever time staff deems a sufficient time. Bain confirmed that Banks stated that an additional ordinance could be brought back. Lyda asked that alternative wording on page 63 regarding Sec. 4.106 (beginning with "Furthermore,..." be included in the motion. Approved 6-0, GG First reading of an ordinance amending the Subdivision Regulations with regard to lighting for multi -family and commercial uses and landscaping and buffering standards -- Charlie Barton, Hoss Burson, and Clark Lyda Barton asked that the reference to signs be revised in this ordinance as had been done in the sign ordinance. Banks read the caption. Banks noted that if the Council wanted a "sunset" provision, it would need to be added. Tonn asked that a six-month "sunset" provision be added to the ordinance. Banks read the "sunset" provision. Motion by Tonn, second by Barton to approve on first reading with the addition of the "sunset" provision. Approved 6-0. City Council Meeting Minutes/April 11, 2000 Page 6 of 7 Pages HH First reading of an ordinance amending the Sign Ordinance to include standards for implementation of the Urban Design Element of the Century Plan, with regard to the design, location, construction, and permitting of signs within the City of Georgetown and its extraterritorial jurisdiction -- Charlie Barton, Hoss Burson, and Clark Lyda Banks read the caption of the ordinance. Michael Martin, 158 Trail Rider Way, said he has been employed by an outdoor advertising company and by 3M, and he said he objects to the elimination of 28 -foot pole signs for the use of monument signs which he claims are difficult to find and read quickly. Tonn asked if it was allowable to choose between a pole sign or a monument sign. Barry replied that the option is still allowed but the size of the pole sign is restricted. Kersch asked to have a copy of John Kuhn's proposal regarding placement of monument signs. Copies were distributed to Council and an overhead slide was displayed. Bain said he feels this proposal would restrict properties of less than 200 feet road frontage. Barry noted staff had not had time to research how this proposal would impact other sections of the ordinance. Motion by Barton, second by Tonn to approve the ordinance as revised by the staff for options A and B on the definition of a sign and requesting that staff look at the gradations with maximum of 10 feet on the low profile sign as suggested by John Kuhn, with a "sunset' clause added to the ordinance. Banks read the "sunset" provision. Bain asked if the size of the low profile pole signs could also be reviewed by staff. Approved 6-0. Barton commended staff on their action to review and present additional ideas for creating ordinances that everyone could accept. Kersch thanked the committee for their efforts. 9:55 p.m. recessed to Executive Session -- resumed Open Session at 11:00 p.m. F Action from Executive Session Motion by Hoyt, second by Bain to convey right of way received from Georgetown Railroad to the Texas Department of Transportation for the Leander Road connection. Approved 5-0. (Tonn abstained) The meeting was adjourned at 11:04 PM. Approved ZSC´┐Ż i_ Mayor MaryEllen Kersch City Council Meeting Minutes/April 11, 2000 Page 7 of 7 Pages Attest:/;,,-' City Secretary Sandra Lee