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HomeMy WebLinkAboutMIN 10.24.1995 CC-RIN -� • • •� TUESDAY, October 24, 1995 Council Present: George Arroyos Lee Bain Doris Curl Susan Hoyt Ferd Tonn Dick Vincent Staff Present: Bob Hart, City Manager Marianne Banks, City Attorney Sandra Lee, City Secretary Ed Barry, Dir. of Development Svcs. Susan Morgan, Dir. of Finance & Admin. Jim Briggs, Dir. of Community Owned Utilities Hartley Sappington, Dir. of Community Svcs. Randy Morrow, Dir. of Parks & Recreation Council Absent: (Councilmember Position for District 2 is vacant due to death of Winfred Bonner) Hildy Kingma, Chief Planner Clyde von Rosenberg, Chief Planner Wendy Walsh, Senior Planner Teresa Hersh, Dir. of Employee & Organizational Svcs. Larry Hesser, Police Chief Regular Session - Called to order at 5:35 p.m. Executive Session A Sec.551.071 consultation with attorney B Sec.551.072 deliberation on real property C Sec. 551.075 conference with employee Regular Session - Reconvened at 6:15 p.m. D Action on Executive Session items There was no action on Executive Session items. cite Council Minutes October 24, 1995 Page 1 of 12 Pages E Citizens wishing to address the Council Wood inquired and was told that the citizens who had registered to speak preferred to wait until the discussion of a particular item on the Agenda. F Mayor, Council, City Manager, and staff comments and reports ® Joint Meeting with Parks Board on November 9 at 5:30 p.m. Wood asked Mayor Pro Tem Curl to preside over the Council Meeting of November 14, 1995, as he would be in Washington, D.C. Hart noted that the time for the possible Personnel Hearing on November 1 would be 6:00 p.m. Consent Agenda G Consideration of approval of meeting minutes --Regular Meeting of October 10 and Special Meeting of October 18, 1995/Sandra Lee H Consideration of award of semi-annual bid for poleline hardware to various bidders in the estimated amount of $66,354.76/Terry Jones and Susan Morgan I Consideration of authorizing staff to negotiate a partnership contract between the City of Georgetown and Central & Southwest Communications, Inc., to provide a Customer - Controlled Load Management System (CCLM) to the City/Jim Briggs J Consideration of approval of payment to the United States Geological Survey (USGS) under the joint funding agreement for water resources investigations, for the period October 1, 1995, through September 30, 1996, in the amount of $6,080.00/Jim Briggs K Consideration of award of bid in the amount of $26,500.00 to John Kyser Construction for reconstruction of a home at 1814 Main Street, funded by the HOME Grant/Hartley Sappington L Pulled. (See Regular Agenda) M Consideration of a Final Plat of 24.17 acres in the John Sutherland Survey, to be known as Fountainwood Estates, Phase 5, located on Nicole Way/Ed Barry and Hildy Kingma Bain questioned and was told that all the technical issues had been met on this item. City Council N nutes October 24, 1995 Page 2 of 12 Pages N Consideration of a resolution to authorize a license to encroach into the public utility easement located along the northeast property line of Berry Creek, Section 9, Block A, Lot 46/Ed Barry and Hildy Kingma O Consideration of approval of Amendment No. 1 to Contract No. 714072 between the City of Georgetown and the Texas Department of Housing and Community Affairs on behalf of Reedholm Instruments, Inc. /Bob Hart Motion by Tonn, second by Hoyt to approve the Consent Agenda with the exception of Item L. Approved 6-0. (Councilmember seat for District 2 was vacant due to the death of Winfred Bonner.) Regular Agenda L Consideration of award of bid in the amount of $48,033.00 to John Kyser Construction for reconstruction of a home at 907 East 20th Street, funded by the HOME Grant/Hartley Sappington (Pulled by City Manager to be placed on an upcoming Agenda) P Consideration of action relative to supplying water to the City of Leander/Doris Curl and George Arroyos Mayor Wood recused himself due to possible conflict of interest and turned the gavel over to Mayor Pro Tem Doris Curl. Curl deferred to Arroyos, her partner on the Council Subcommittee to meet with Leander Officials, to brief the Council on the meeting. Arroyos said that the City of Georgetown had shared their concern about causing an increase to Georgetown rate payers and asked Hart to further explain. Hart said that they had discussed the limitations in being able to supply capacity to Leander, noting that Georgetown has sufficient treatment capacity for the current demand, but that the number of new homes at Sun City is increasing very rapidly, so capacity would be further limited. He spoke of having met with LCRA officials, and has suggested that the City of Leander work with LCRA for an intermediate (10 to 15 years) water supply. He said that eventually Georgetown would be able to participate in a Regional Water Supply System. At this point, because the Trans -Texas Study is not yet complete, it would be difficult to ensure capacity to Leander. The City Council decided to take no action at this time. Q Second reading of a rezoning of River Hills, Section 4A, Lot 1, from RS, Residential Single Family to RM -3, Office and Service District, or any more restrictive classification/Ed Barry and Hildy Kingma City Council Minutes October 24, 1995 Page 3 of 12 Pages Kingma read the caption. Mayor Wood called upon the citizens who had registered to speak at this item. Maury Crichton, 201 River Hills Drive, President of the River Hills Neighborhood Association, noted that the residents of the River Hills Subdivision had no representation on the Council due to the death of District 2 Councilmember Winfred Bonner. She told Council that she opposed any apartments, and the proposed change to Intensity Level 5. She recalled that the previous Council had denied a request for Intensity Level 5. She also questioned the settlement of legalizing a particular lot, and asked who would be paying for the proposed lift station. Jim Redwine, 108 Hillview, told Council that his property adjoins the proposed new subdivision. He spoke of traffic concerns, vandalism, transients, and objection to the proposed increased density. Pam Moore, 111 N. Oak Hollow Rd., spoke of being concerned about decreasing property values and the undesirable qualities of a transient population. Dick Seemann, 211 River Hills Drive, said he was not against development, but wished that the proposed development were to be consistent with the existing development. He spoke of having worked with the previous developer to reach compromises. Marilyn Seemann, 211 River Hills Drive, told Council she and her husband had chosen the River Hills neighborhood for specific reasons when they transferred here, but now she's sorry they didn't move somewhere else. She said she anticipates apartment dwellers to have many cars and many children, saying the increased traffic would make the frontage road more like another lane of the interstate highway. Doug Cota, 201 N. Oak Hollow Rd., said he bought his house in River Hills because of the location. He said this is his first house, and he bought it to get away from apartments, but now there would be apartments around him anyway. He said he also has located his business in Georgetown, and as a resident and business owner he appealed to the Council to disapprove the proposed apartments. Robert Carlisle, 113 N. Oak Hollow, told Council that he needed to leave quickly to pick up his son from a soccer game, so he only wanted to say that he also was opposed to the rezoning. Roland Schroeder, 212 River Hills Drive, gave Council copies of the layout for the subdivision back when he bought his property from W. Carrington Properties, the original developer of what is now known as River Hills, saying that he would prefer that the original City Council Minutes October 24, 1995 Page 4 of 12 Pages plan were followed, noting that a research and business park had been proposed for the lots abutting the frontage road. Ilene DeLuca, 208 River Hills Drive, told Council that she has concerns about increased traffic on the access road, decreasing property values, and increased crime. Kay Ingham, 100 Hillview Drive, told Council that her back yard will adjoin the new subdivision. She read a poem that she had written about her concerns. Donna Winter, 203 N. Oak Hollow, told Council that she is concerned about the increased traffic and the blocking of her view of downtown Georgetown if apartments are built on Section 4. Wood thanked the citizens for expressing their opinions. Arroyos addressed the residents of River Hills and other residents of District 2, saying that all of the seated Councilmembers were concerned about all of the issues in the City, no matter what district, and would make their decisions based on the effect that an item would have on all the citizens in Georgetown. He spoke of being a resident of a district where the former Councilmember had resigned in February, 1994, leaving the position open until the following May Election. Curl expressed the same sentiments regarding representation on the Council, and asked if the owner of the property were present. Current owner, Greg Hall, noted that he had not been the owner when the River Hills Subdivision was developed. He spoke to Council about not being aware, until a little earlier in the day, of a controversy over the request for the intensity change. He said one of the residents of River Hills had even signed the application. He told Council that in defense of his position as the developer, he had gone through all the proper City procedures. He assured everyone that he is a Georgetown resident and that he cares very much about the quality of Georgetown. He said he feels Georgetown lacks any high quality apartments for the type of technical people that are being attracted to live here. He told Council that he owns the Rivery property which will adjoin the apartments, and he would not build a sub- standard complex. He also noted that the terrain makes it difficult to use for other types of buildings. Bain asked if the property owners could get together with Hall. Hall explained that he had not yet reached the stage where input could be given. He said that until the zoning issue is decided, ideas would not be put on paper, City Council Minutes October 24, 1995 Page 5 of 12 Pages Redwine, from the audience, said that he had, in fact, signed the application because he was told that he was thereby legalizing his lot. He told Council that he was not aware that the item had been on the previous Council agenda for the first reading or he would have attended and voiced his concern at that time. Maura Crichton said she had been given the information that Hall could not develop a particular lot without the permission of Mr. Redwine and a Mr. Day. City Attorney Banks said that the property is still not a legal lot and is not legally subdivided because it was not done in a court judgment. She said it was settled out of court. Kingma said that the announcement was made numerous times at the Planning and Zoning Commission Meeting that Hall did, in fact, still have an illegal lot, and it was never intended to be assumed otherwise. When asked why the River Hills residents had not been informed by the City of the item coming before the Planning and Zoning Commission, Ed Barry stated that the normal procedure was that the applicant is required to submit a list of adjacent property owners to whom notices are to be sent. He also stated that they are required to post the notice of the meeting on the property and in the newspaper. Curl reminded the other Councilmembers that they could place special requirements or conditions on the detailed development plan and read, from the agenda packet item, information the conditions of RM -3 zoning. Vincent thanked the residents who had commented and said he could sympathize due to similar issues in his district along Williams Drive. Tonn said he wanted to make sure that the detailed development plan (DDP) would be brought back to the Council for approval. Banks explained that the zoning ordinance allows that the DDP could be approved administratively if no variances were requested, and it would not require Council approval if the requirements of the ordinance were met. Motion by Vincent, second by Arroyos to approve Ordinance 95-54 on second reading and to require that the detailed development plan be brought back to the Council for approval. Approved 5-1 (Hoyt opposed). R Second reading of an ordinance amending Exhibit 1 of the Century Plan - Development Plan for the Glasscock Addition, Block 22, Lots 5-8, locally known as Main Street Baptist Church from Intensity Level Four to Intensity Level Five/Ed Barry and Clyde von Rosenberg City Council Minutes October 24, 1995 Page 6 of 12 Pages von Rosenberg read the caption. Barry distributed to Council copies of a memo regarding the meeting between the neighboring property owners and the church officials. Arroyos verified with Charles Steger, in the audience, that the memo was representative of the meeting. Motion by Tonn, second by Hoyt to approve Ordinance 95-55 on second reading. Approved 6-0. Curl thanked Steger for meeting with the neighbors to resolve issues. S Second reading of an ordinance amending stormwater drainage rates/Susan Morgan Morgan read the caption. Motion by Hoyt, second by Tonn to approve Ordinance 95-56 on second reading. T Consideration of a Concept Plan for a 144.73 acre tract in the William Addison Survey to be known as Rolling Prairie Settlement/Ed Barry and Hildy Kingma Kingma explained to Council that at the last Council Meeting they had heard the report about the roadway alignments concerning this development. Kingma explained that this tract will be composed of 25 large single-family lots and there were two major Century Plan issues involved: 1) the future alignment of the proposed MOKAN expressway (State Highway 130), and 2) the realignment of County Roads 110 and 111 to smooth out the sharp turns. Bain asked for clarification of what the Council would be approving if they approved the Concept Plan. Kingma replied that Council was being asked to consider the density of the land use, the road alignment, and the phasing plan of the utilities. Bain confirmed with Kingma that Council was not being asked to approve lot layout or road access. Kingma pointed out that the lot layout does conflict with the City ordinance, so it will need to be addressed when Council is asked to approve the Preliminary Plat. Hart noted that there were other issues involved as determined at the last Council Meeting, and Barry distributed to Council copies of a letter from Don Bizzell on behalf of the Brady Trust. Barry gave Council a brief summary of the conditions stated in the letter and whether he thought the City/County might have a responsibility to comply with the applicant's request. Curl asked how the issues would fit into the City's as yet incomplete Transportation Plan and how the City would be able to afford the acquisition of right of way. Barry replied that the financing had not been discussed. Barry told Council that he feels that the current City Council Minutes October 24, 1995 Page 7 of 12 Pages Subdivision Regulations would allow the City to attach greater setbacks in order to obtain sufficient right of way. Hart told Council that acquisition of right of way would become a future standard budgetary item. Barry spoke of the proposed method of presenting roadway issues on a monthly basis to the Planning and Zoning Commission and then bringing to Council on a quarterly basis those important roadway segments that needed to be addressed; thereby allowing Council to be able to prioritize the money allocated to roadway improvements in the budget. Curl also asked and was told that there would be a workshop on transportation in the first quarter of 1996. Bain asked if the Council approved the Concept Plan, how that would affect the conditions in the letter from Bizzell. Barry stated that the charge to the Council on this item was only the approval of the Concept Plan, and that the letter is a statement of the applicant's proposed conditions for Council to consider; but he didn't feel Council needed to address those issues at this time. Wood asked Charles Steger, in the audience, if he had spoken to the County and if he could share any further information regarding the issues addressed in the letter. Steger replied that Bizzell had been in contact with the County, but Steger had no information to share at this time. Motion by Curl, second by Vincent to approve the Concept Plan. Approved 6-0. U First reading of an ordinance updating TMRS (Texas Municipal Retirement System) employee service credits/Teresa Hersh Hersh read the caption only on first reading after having satisfied the requirements in the Charter. Arroyos asked Hersh to do an overview of what this ordinance would accomplish. Hersh explained that this ordinance was like the one last year, in that it updates the service credits, but will be different in that it will provide for a yearly renewal of the update without going through the ordinance process each year. She added that if the Council should decide to change their policy, a new ordinance could be initiated. As a retired municipal employee, Mayor Wood, recused himself from presiding during this item and turned the gavel over to Doris Curl. Motion by Tonn, second by Vincent to approve this ordinance on first reading. Approved 6-0. V Consideration of authorizing the City Manager to submit a grant application for two police officers under the Community Policing Federal Hiring Program/Bob Hart City Council Minutes October 24, 1995 Page 8 of 12 Pages Hart asked Police Chief Larry Hesser to give Council an overview of the grant application. Hesser explained that the City would be able to accomplish two goals if they receive this grant: 1) increased attention to narcotics problems, and 2) promotion of community -oriented policing strategies. Arroyos congratulated Chief Hesser for the recent national award for community -oriented policing. Motion by Arroyos, second by Bain to approve the application for the grant. Approved 6-0. Hesser thanked Arroyos and said that he would pass on the compliment to the three officers who were involved in the project and deserve the congratulations. W Consideration of a resolution authorizing the Mayor to sign a contract for a joint use agreement between the City of Georgetown and the Georgetown Independent School District for a joint school/park playground at Frost Elementary/Randy Morrow Morrow spoke of having met with School Superintendent Gunn to work out the arrangements for this agreement. Bain asked about the zones referred to in the agenda item cover sheet. Morrow stated that the City is divided into twelve zones, that developers are required to pay a parkland fee or donate parkland, and the land or the fee can be used only in the particular zone in which the development occurs. Vincent remarked that this requirement was a recent addition to the Subdivision Regulations. When asked which entity would be responsible for the safety issues, Morrow replied that the liability would be shared by both the City and the School District. Motion by Vincent, second by Curl to approve the resolution. Approved 6-0. X Consideration of instructing staff as to procedure to follow regarding vacancy of District 2 Council position due to death of Councilmember Winfred Bonner/Bob Hart Hart asked Council for their direction as to the procedure they wished to follow in this regard. Wood noted that in the past the position was left open to allow the citizens of the district to determine who they want to prepare for the election. Vincent stated that he felt a special election in January would be unnecessary time and money spent for just a short period of service (until the May election), and that he would not feel comfortable appointing someone to serve in the interim. CAy Council Minutes October 24, 1995 Page 9 of 12 Pages Curl stated that she also did not feel comfortable appointing someone to fill the position, but she felt it wouldn't hurt to go ahead and place an item to call a special election on the November 14 Agenda, so they could go forward with an election unless they hear from the District 2 residents. She suggested that the press assist the Council in asking for input from the citizens. Bain said that he would also like to have the Special Election called on the November 14 Agenda, so the option would be available. Wood said that he had heard that the residents of District 2 preferred to select their own representative. Ed Steiner, in the audience, said that the neighborhood prefers to have a Special Election in January. Arroyos recalled when he ran for the unexpired term of the previous Councilmember for his district, saying that it was difficult; and in this particular situation, would put the candidates in the precarious position of having to run again for the May Election. He also Brough to Council's attention the difficulty due to the approaching holidays. He felt it would be unfair for the candidates to have to campaign for funds during the holidays. He stated that he felt sure the seat could remain vacant and the District could be represented by the remaining Councilmembers. Tonn stated that he would like to see an item on the next agenda to call the Special Election until he hears from the district residents who may prefer otherwise. Hoyt said she definitely did not think the Council should appoint someone. She agreed to ask that the Special Election be called on the next Council Agenda, but expressed that she wants feedback from the district residents. Motion by Tonn, second by Bain to place an item on the November 14 agenda to call a Special Election in January, 1996. Approved 6-0. 8:40 p.m. Recess - 8:47 p.m. Resumed Y Consideration of a resolution casting City of Georgetown votes for the election of the Williamson County Appraisal District Board of Directors/Bob Hart Hart explained that the City is entitle to cast 60 out of a total of 5,000 votes to be cast, and he read the resolution. Tonn reported that the school district will cast their votes for Carl Doering, and the County Commissioners will cast their votes for Commissioner Boatright. City Council Minutes October 24, 1995 Page 10 of 12 Pages Motion by Tonn, second by Curl to cast all 60 votes from the City to Carl Doering. Approved 6-0. Z Consideration of an appointment to the Planning and Zoning Commission/Leo Wood Wood explained that his recommendation would be made known to the Council in time for them to make a decision on the November 28 Agenda. AA Consideration of an appointment of a representative to the Capital Area Planning Council (CAPCO)Bob Hart Motion by Bain, second by Curl to appoint Councilmember Arroyos as representative to CAPCO. Approved 6-0. Public Hearings BB Public Hearing for the annexation of an approximately 300.6 acre portion of the Sun City Georgetown Planned Unit Development, Phase 2, located in the W. G. Wilkinson, George Thompson, Abner Short, R. T. Jenkins, Mary Ann Lewis, and Daniel Monroe Surveys/Ed Barry and Clyde von Rosenberg The Public Hearing was opened at 8:50 p.m. von Rosenberg explained that this was the second of the two public hearings required before the initiation of annexation proceedings. He reminded Council that the service plan was provided in the agenda packet and told them that the first reading of the annexation ordinance would be on the November 14 Council Agenda. There were no questions or comments from Council or citizens. The Public Hearing closed at 8:52 p.m. CC Public Hearing on proposed impact fees (to start no earlier than 7:00 p.m.) Barry gave an overview of the proposed impact fees as proposed by the Impact Fee Advisory Committee. David Sawyer of Sawyer Development Company shared his experience with impact fees in other areas, and told Council that he felt the competitive impact was not being considered. He asked if the Committee had looked at the surrounding areas to see what their action has been on impact fees. Hart replied that the Council had instructed the staff to do a competitive study of all development fees, which has been done, and will be brought to the Council when the issue is to be decided. City Council Minutes October 24, 1995 Page 11 of 12 Pages Sawyer asked what method had been devised for "grandfathering?" Wood asked Chairperson Ercel Brashear to speak to that question. Brashear explained the Committee's proposed schedule to "grandfather" those lots that were platted and built prior to January 11 1989, with staggered fees and yearly payments for those lots platted and built after 1989. Sawyer expressed that he was pleased with the suggested method. Jack Pittman, a local builder, stated that he felt the proposed impact fees were "at odds" with the promotion of affordable housing in Georgetown, and asked if the Council would make special provisions for developers of affordable housing. Brashear replied that state legislation requires that the fee be tied to the cost of service, and that the City would have no authority to base the fee on the cost of the house to be built. Pittman asked how these fees would be applied to the City supplying sewer service to the residents of Serenada. Brashear spoke of the Committee's recommendation that if the property owner chose to tie in, the fee would be charged; if the City forces the property owner to tie in, the fee would not be charged Pittman asked about the plan to provide sewer to Serenada. Hart replied that the staff and Council have recognized the issue, but no discussion has been held. He added that water quality studies show that the septic tanks in Serenada pollute the aquifer, but no plans have been formulated to deal with this. The public hearing was closed at 9:09 p.m. DD Final comments and evaluation of meeting process Approved: Leo Wood, Mayor City Council Minutes October 24, 1995 Page 12 of 12 Pages TML Conference Schedule Hart encouraged Councilmembers to attend the Development Planning Workshop to be held at the Texas Municipal Leadership Institute in Dallas in conjunction with the TML Conference. The meeting was adjourned at 9:12 p.m. Attest: r: F x Sandra D. Lee, City Secretary