HomeMy WebLinkAboutMIN 07.30.2001 CC-SMINUTES Or
AND PUBLIC HEARING
OF
GOVERNING BODY OF THE
CITY OF • •TEXAS
MONDAY,ii
The City Council of the City of Georgetown met in Special Session on Monday, July 30, 2001,
with Mayor MaryEllen Kersch presiding.
Regular Session — Called to Order at 10:00 a.m.
10:00 a.m. — recessed to Executive Session
Executive Session
A Sec.551.071 consultation with attorney
- Pending Litigation
- Contemplated Litigation
- Legal/Risk Management Issues
- Duty to advise regarding agenda items
B Sec.551.086 deliberation regarding economic development
- Discussion of Economic Development Prospects
C Sec.551.074 personnel matters
- Performance Review of Council -appointed employees
D Sec.551.072 deliberation on real property
Acquisition of property
Lease of city -owned property
10:32 a.m. — returned to Open Session
Regular Session
E Action from Executive Session
There was no action from Executive Session
Public Hearing
F Public Hearing concerning the adoption of Subdivision Regulations establishing
adequacy of road network standards and traffic impact analysis, impervious cover
limitations, and preservation of natural features
The Public Hearing was opened at 10:32 a.m. Outside Legal Counsel, Terri Morgan, of
Morgan and McCool in Dallas explained the proposed ordinance to revise the
Subdivision Regulations. He explained that this ordinance is intended to be adopted on
an emergency basis because there could be some unmitigated traffic impacts and
damage to the Edwards Aquifer if this ordinance is not put in place.
Ercel Brashear told Council he was unaware that this ordinance would be handled by the
Council and that under the provisions of this ordinance the new HEB could not have
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been built. He objected to the requirement for protection of 6 -inch caliper trees. He also
said that very few landowners know about this restriction.
Kersch asked and Morgan explained that there are provisions in the ordinance that allow
protected trees to be removed for the development.
Kersch explained that the variance procedure is still in place. Lyda pointed out that this
ordinance only applies to property of five acres or larger.
James Draeger said he had just read the ordinance this morning and said he felt he is
unprepared to respond and asked Council to seriously consider the implications of the
ordinance. He said he is concerned about the impervious cover percentages. He asked
for response from Larry Kokel in the audience. It was determined that three lots that are
being represented by Kokel are, in fact, exempt because they are already in the planning
process.
Ron Draeger said he has grave concerns about this proposal. He said developers and
citizens have been criticized in the past for not attending meetings and there was no way
he could be prepared for this meeting because he just found out about it. He asked why
this portion of the Aquifer needs to be more protected than other areas of the Aquifer.
He said the real estate market will be damaged if this ordinance passes.
Kersch asked Morgan to respond to the TNRCC requirements. Morgan explained that
Austin and San Marcos have similar limitations, and, in fact, some are more stringent
than the ones in the proposed ordinance. He noted that this is an interim regulation that
can be amended in the future.
Lyda asked and Morgan to clarified that the road network requirements are city-wide, not
just over the Aquifer.
Larry Kokel noted that something like this should be allowed to be responded to by the
community. He asked why the protection requirements were not being directed to
residential property as well.
Morgan noted that the Texas Private Real Property Act allows a number of exemptions,
and in this case, he doesn't think the Act applies.
Iva Wolf McLaughlin, representing the Wolf Partnership, questioned the emergency
nature of the proposed ordinance and said she is concerned about the 15% impervious
cover, saying it shouldn't be enacted on such a short notice.
Kersch asked Morgan to respond to the definition of public emergency. He said an
alternative to this action, a moratorium, allows greater process for public notice, but it
stops development "in its tracks." He said the Legislature has recently taken away the
ability of the local government to take action once a developer makes application.
Mike Henry representing Churchill Farms said he had a meeting on Saturday and that
someone informed them of this emergency. He asked why the emergency. Kersch
asked Morgan to respond as to the reason for the emergency. Morgan said information
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in articles in the newspaper has caused the Council concern regarding possible traffic
impact and possible damage to the Aquifer. Kersch explained to Henry that this method
was the only way the Council could react to protect without killing development and then
further define the regulations in the future. Henry said it appears that this is another
attempt by the Council to "squash" development.
Jack Noble noted that when he ran for his Council position he stated that the City doesn't
have the tools to deal adequately with development. He said this proposed ordinance is
an attempt to enact interim regulations that can be used immediately until more refined
regulations can be put into place.
Ken Evans said he is disappointed that he was not invited to attend the meeting in
Churchill Farms on Saturday. He said this proposed ordinance "heads off° a potential
problem, if what they have been reading in the newspaper actually happens. He
emphasized that this ordinance is an interim regulation and can be amended.
Henry responded that their opposition is that the Council is doing this as an emergency
which he says means that the Council is attempting to stop development. He accused
the Council of having stopped the previous Rivery project, and said it appears to the
residents of Churchill Farms that the City is trying to stop all development.
Doug Smith said, in his opinion, it is unfortunate that regulations were not already in
place to address this issue. He said adopting this proposed ordinance on an interim
basis is a good idea. He said he feels that the reason for the emergency is because
Council feels that WalMart and Home Depot are coming to the Rivery and there are not
adequate regulations in place.
At 11:17 a.m. the Mayor announced that the hearing would continue for another five minutes.
Ercel Brashear asked that the Council add that these regulations will expire at some time
in the future while the Council is working on the final regulations.
Larry Kokel asked Council to deal with the traffic and avoid regulation on the impervious
cover at this time.
Iva McLaughlin clarified the difference between Edwards Aquifer and Edwards Acquifer
Recharge Zone. She agreed that the requirement for a traffic impact analysis should be
the extent of the emergency action.
11:19 a.m. — there being no further comments, the Public Hearing was closed
G Discussion and possible action on adoption of ordinance to amend Subdivision
Regulations to apply interim regulations to establish adequacy of road network standards
and traffic impact analysis, impervious cover limitations, and preservation of natural
features - MaryEllen Kersch, Clark Lyda, Charles "Ross" Burson, Ken Evans, Llorente
Navarrette, and Sam Pfiester
Motion by Lyda, second by Pfiester that the ordinance be handled on an emergency
basis pursuant to the findings. Approved 7m0.
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Morgan noted that the entire ordinance would need to be read due to the emergency
reading. Sondgeroth read the ordinance.
Kersch suggested that there be a subsection added for a public review process. Morgan
noted it was not necessary to put language in the ordinance regarding a public review
process, but there could be language added for "duration" of the regulations enacted in
the ordinance.
Motion by Lyda, second by Smith to approve with the amendment just read by Morgan.
Morgan suggested a wording change in Sec. 80060 on Exemptions. 4t" line, add "and is
subsequently approved" after the word "pending."
Motion by Noble to amend Lyda's motion to include "off-site, abutting and internal
thoroughfares" in Sec. 80030; and suggested additional language on Sec. 80030, C; and
on petitions for relief.
11:48 — recessed
11:52 — resumed
Morgan read the proposed language for Noble's addition to the ordinance. He said that
at Sec. 80020, Subsection 4, the following wording should be added: that Commission
means Planning and Zoning Commission; and language addition at subsection 4; and an
addition to 80030 to add a new subsection 6. At Subsection A of 80040 impervious
cover, reference should be to Assistant City Manager for Utility Operations instead of
Director of Community Owned Utilities.
Second by Evans
Vote on Noble's amendment: Approved 7m0.
Vote on the merged amendments: Approved 7m0.
Vote on the main motion. Approved 7-0.
Approved:
Ilen Kersch, Mayer
12:08 p.m. — adjourned
City Council Meeting Minutes/July 30, 2001
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Attest:
ndra D. Lee, City Secretary