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HomeMy WebLinkAboutMIN 11.28.1995 CC-W&RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Leo Wood presiding. Council Present: Dick Vincent George Arroyos Lee Bain Doris Curl Susan Hoyt Ferd Tonn Staff Present: Hartley Sappington, Acting City Manager Marianne Banks, City Attorney Sandra Lee, City Secretary Ed Barry, Dir. of Development Services Workshop - Called to order at 5:50 p.m. A Report from the TML Conference Council Absent: (Councilmember Position for District 2 is vacant due to death of Winfred Bonner) Terry Jones, Purchasing Agent Hildy Kingma, Chief Planner Clyde von Rosenberg, Chief Planner Don Rundell, City Engineer Councilmembers shared information gained by attending various workshops and training sessions at the TML Annual Conference. Regular Session - Called to order at 6:30 p.m. Executive Session B Sec.551.071 consultation with attorney C Sec.551.072 deliberation on real property D Sec.551.074 personnel matters (Review applicants to serve as Assistant Municipal Court Judge) Regular Session - reconvened at 7:00 p.m. E Action on Executive Session items City Council Meeting Minutes November 28, 1995 Page 1 of 9 Pages Motion by Hoyt, second by Bain to nominate Jack Webernick to serve as Assistant Municipal Judge to serve on a volunteer basis until Council does the assessment of the Council -appointed positions in January. Approved 6-0. Motion by Hoyt, second by Bain to enter into a new lease with the Heritage Society for Grace Church, the terms of which will be ten (10) years with a ten (10) -year option. Approved 5-0. (Curl abstained) F Citizens wishing to address the Council No citizens wished to address Council at this time. G Mayor, Council, City Manager, and staff comments and reports O March 14 Board and Commission Dinner Sappington informed Council that the dinner held annually to recognize the volunteer members of the City Boards and Commissions is to be held at Southwestern University. Bain and Hoyt will be out of town due to Spring Break. Arroyos asked that the Councilmember that was designated as voting delegate to the NLC Conference support Fred Guerra as Vice President of National League of Cities. That request was endorsed by Mayor Wood. Consent Aggenda H Consideration of approval of meeting minutes --Regular Meeting of November 14,1995/Sandra Lee I Consideration of award of bid for 1996 Police Package Vehicles/Terry Jones and Susan Morgan J Consideration of approval of a Short Form Final Plat of a resubdivision of a portion of Block 9 of the Snyder Addition, to be known as University Place, located at SH29 and Laurel Street/Ed Barry and Hildy Kingma K Pulled. (See Regular Agenda) L Pulled. (See Regular Agenda) M Pulled. (See Regular Agenda) N Consideration of a Variance to the plat note requirements for the Resubdivision of Berry Creek, Section Eight, Phase One, Block K, Lot 1, located at 30001 Edgewood Drive/Ed Barry and Hildy Kingma O Pulled. (See Regular Agenda) City Council Meeting Minutes November 28, 1995 Page 2 of 9 Pages P Pulled. (See Regular Agenda) Consideration of direction for partial releases of assessments for I-35 frontage road/Marianne Banks R Consideration of approval of a Revised Concept Plan (Second) of the Planned Unit Development of Sun City Georgetown, a 5,314 acre tract in the L. Dyches, F. Foy, B. Eaves, W. Roberts, M. Lewis, R. Jenkins, L. Russell, A. Short, G. Thompson, W. Wilkinson and D. Monroe Surveys/Ed Barry and Hildy Kingma This item was deferred to the December 12 Council Agenda. S Consideration of a Preliminary/Final Plat of a resubdivision of Sun City Georgetown, Phase 1, Neighborhood One, Tract U, and 10.0 acres in the W. G. Wilkinson and George Thompson Surveys, to be know as the Planned Unit Development of Sun City Georgetown, Phase 2, Neighborhood Ten -A; and approval of variances to the Subdivision Regulations/Ed Barry and Hildy Kingma This item was deferred to the December 12 Council Agenda. T Consideration of a Preliminary Plat of a 475.52 acre tract to be known as the Planned Unit Development of Sun City Georgetown, Phase 2, and approval of variances to the Subdivision Regulations/Ed Barry and Hildy Kingma This item was deferred to the December 12 Council Agenda. U Pulled. (See Regular Agenda) V Consideration of approval of Amendment No. 2 to Contract No. 714072 between the City of Georgetown and the Texas Department of Housing and Community Affairs on behalf of Reedholm Instruments Company/Bob Hart Motion by Tonn, second by Arroyos to approve the Consent Agenda with the exception of Items K, L, M, O, P, R, S, T, and U. Approved 6-0. Regular Agenda M Consideration of a Preliminary Plat of a 1.44 acre tract in the David Wright Survey, to be known as the Physician's Center Tract; and approval of variances to the Subdivision Regulations/Ed Barry and Hildy Kingma (Pulled by Bain) Bain asked about the shared driveway. Kingma explained that because of the width of the lot, a variance was needed. She explained that staff was recommending a shared driveway to eliminate another future curb cut. Banks added that the lot was illegally subdivided with the lot to the north, so that's why they chose to share the driveway with the lot to the north. Bain asked about Exhibit D. Kingma explained that approval of that sketch was not requested on this agenda. She explained that this item was requesting approval of the plat so the developer would have a legal lot. She noted City Council Meeting Minutes November 28, 1995 Page 3 of 9 Pages that the Planning and Zoning Commission had approved, with the recommendation that the driveway be shared. Engineer Don Bizzell, representing the owner, claimed there was no current user of the lot to the north, and that the owner was concerned about future use and possible liability of the shared driveway with an unknown future owner. He noted that several large trees would be lost and asked that action concerning the shared driveway be delayed until the DDP stage of approval_ Barry explained that because the lot was illegally subdivided the shared driveway would provide road access. Bain asked the timeframe on this item. Bizzell consented to delay until the next meeting. Motion by Bain, second by Curl to delay this item until the next Council Meeting on December 12. Approved 6-0. O Consideration and possible approval of a request for a one (1) year extension of final plat approval for the Resubdivision of Berry Creek Subdivision, Section Seven, Phase Two, and Section Eight, Phases Two and Three/Ed Barry and Hildy Kingma (Pulled by Hoyt) Hoyt pointed out that the staff recommendation in the packet was a six-month extension. Kingma explained that the time limits had changed, allowing these plats a total of two years for a six-month extension. The one-year extension would allow two and a half years. Therefore, if they were not recorded by that time, it would have to come back to Planning and Zoning. Applicant, Bob Wunsch said the six-month extension was fine. Motion by Hoyt, second by Arroyos to approve a six-month extension. Approved 6-0. P Consideration of approval of Amendment No. 23 to the contract between the City of Georgetown and Camp, Dresser, & McKee for engineering services related to the design of the Berry Creek Water Main in the amount of $39,500.00/Jim Briggs (Pulled by Curl) Curl asked and Rundell confirmed that this item had been budgeted in the Capital Improvement Projects Fund. Wood asked about the number of amendments. Banks explained that the main contract as far as basic engineering was approved, and then each project becomes a new amendment. Banks was asked and confirmed that engineering projects are not bid. Motion by Curl, second by Vincent to approve Amendment No. 23. Approved 6-0. W First reading of an ordinance amending Exhibit 1 of the Century Plan - Development Plan for 11.85 acres in the Lewis Dyches Survey to be known as Pleasant Valley Estates as recorded in Volume 613, Page 419 of the Official Deed Records of Williamson County, Texas from Intensity Level Two to Intensity Level Three/Ed Barry and Clyde von Rosenberg von Rosenberg explained that this was a Century Plan Amendment for a Concept Plan to allow 36 single-family lots to be developed, with adequate utility and transportation access. Bain asked why it was originally set up as Level Two. Engineer Bizzell, representing the owner, said that originally City Council Meeting Minutes November 28, 1995 Page 4 of 9 Pages b this land was a part of the Rabbit Hollow Subdivision. He said that when the owners parted ways, one owner received this part of the land as his share, the division occurring where a natural barrier provided an easy change in the land use. Bain asked about the comparison of the lot sizes. Bizzell answered that they are the same size as in the current Pleasant Valley, larger than the City minimum lot size. Barry explained that now that utility service will be extended, the lot sizes are allowed to be smaller than if they were served by septic. To Bain's concern about utility capacity, von Rosenberg said the area had been checked by Community Owned Utilities, and the capacity was found to be adequate. von Rosenberg read the caption only after satisfying the Charter requirements for first reading. Motion by Arroyos, second by Tonn. Approved 6-0. X First reading of an ordinance amending Ordinance No, 93-42 to extend the time period for payment of assessments on East I-35 Frontage Road/Marianne Banks Banks explained that, at the request of the purchaser of one of the tracts along the East 1-35 frontage road, this item was being brought to Council for an extension in the time for payment of the assessments. She noted that according to Finance Director Morgan, there would be no material affect on the amount of money to be received due to the difference in the interest rate over the extended period. Banks read the ordinance on first reading. Motion by Tonn, second by Hoyt to approve the ordinance on first reading. Approved 6-0. Y Consideration of approval of the amendment to the Development Agreement with Del E. Webb Development Co., L.P., concerning the development of Planned Unit Development of Sun City Georgetown/Marianne Banks This item was deferred to the December 12 Council Agenda. AA Consideration and possible approval of a variance from the design standards of the Subdivision Regulations for the Resubdivision of Berry Creek Subdivision, Section Seven, Phases One and Two; Section Eight, Phases One, Two and Three; and Berry Creek Subdivision, Section Eleven/Ed Barry and Hildy Kingma Kingma explained that Planning and Zoning first saw this item back in August, and that the side entry garages are not a part of the requested variance. She explained that the variance being requested is to go to 59% impervious cover per lot, instead of the standard 65%. The impervious cover calculations will be based on including the golf course. This will only apply to lots that are 80 feet wide or greater and have side -entry garages. Planning and Zoning recommended approval with documentation acceptable by the City Attorney regarding the inclusion of the golf course in the calculation for impervious cover. Banks explained that National Golf has a 35 -year lease on the golf course, which would allow the variance to be in existence for the duration of that lease. City Council Meeting Minutes November 28, 1995 Page 5 of 9 Pages Jack Hunnicutt, of 1809 E. 16th Street, a builder at Berry Creek, asked that the variance be approved. He said he has built 50 or 60 homes with side -entry garages. This request is very compatible with the needs of citizens of Georgetown. Don Bizzell, representing the owner of a piece of land that also adjoins the golf course, spoke in support of the variance. Bizzell distributed a letter to the Councilmembers asking that Berry Creek Section Five also be included in the Sections that will be allowed the variance. Bain asked and was told that no other portion of Berry Creek had used the golf course as part of their area for impervious cover. He asked and was told that 178 lots out of a total of 215 lots have the 80 foot width. Curl asked for Executive Session regarding the letter that was distributed. 7:27 p.m. returned to Executive Session - 7:40 p.m. resumed Open Session Motion by Arroyos, second by Tonn to approve the variance for the sections listed in the item. Approved 6-0. Bizzell asked how to proceed on getting Section 5 included in the variance approval and was told that Section 5 would have to go through the variance approval process. Arroyos explained that the Council was not allowed to act on an item that was not posted on the agenda. Wood explained that the items pulled from the Consent Agenda regarding Sun City would be taken now along with the remaining items on the Regular Agenda that pertained to Sun City. K Consideration of approval of a variance to Section 37040 B. of the Subdivision Regulations for a Planned Unit Development of Sun City Georgetown, Phase I, Neighborhood One, Tracts B and DlEd Barry and Hildy Kingma (pulled by Bain) Bain asked for an overview of what was to be accomplished on this agenda regarding Sun City. Kingma said the main reason for the large number of items on this agenda was because of the changes in the Development Agreement and the Revised Concept Plan, which need to be resolved before the items can be approved. She said that for the most part, the items pertained to moving forward with the different phases for plats in order to issue building permits. Kingma said that Items K and Z relate to fences and walls, including requests for variances and licenses to encroach, She said that the other items were routine. Barry added that these items were in accordance with the procedure as laid out in the Development Agreement and Concept Plan for Sun City. Kingma explained the variances that were being requested for the fence along FM2238 and for the walls. She noted that the utility companies, including Community Owned Utilities, have recommended approval regarding the utility easements but do not speak to the liability issue of the wall encroaching into the right of way. City Council Meeting Minutes November 28, 1995 Page 6 of 9 Pages Wilson Morris of Del Webb described the walls. Motion by Tonn, second by Vincent to approve the variance. Tied at 3-3 (Curl, Arroyos, and Bain opposed) Wood voted in favor, but due to the Subdivision Regulation requirement that a variance be approved by a majority plus one, the motion was defeated. Curl explained that she is concerned that the stone and concrete wall within the right of way would be a direct liability for the City in case of an accident. Morris replied that only the 13 -foot wall encroaches into the right of way. Discussion ensued over which agenda items concerned which walls and fences. Barry suggested that since Council was not concerned about the height of the two walls, they could approve Item K. Then if the Council is concerned about the right of way issue, that would be addressed in Item Z. Curl asked and was told that the wall, as it was planned to be constructed, would be back far enough to allow clear visibility. Banks added that possible future expansion of the road could create a visibility problem. Paul Smith of Richardson-Verdoorn asked permission to clarify Item Z. He noted that Item Z called for encroachment into the right of way as well as encroachment into the Public Utility Easement. Arroyos asked that this item be deferred to the next meeting in order to obtain further clarification. Regarding the possible liability for the City, Larry Michaels of Del Webb suggested that Del Webb would indemnify the City, but Banks pointed out that both Del Webb and the City could be sued in case of an accident. Michaels suggested that they would come back to the next meeting with color renderings to help explain what Del Webb is requesting. Motion by Arroyos to defer items K and Z until the December 12 Meeting. Tied at 3-3 (Tonn, Hoyt, and Vincent opposed) Mayor voted in favor to defer. L Consideration of a Final Plat of the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood Six/Ed Barry and Hildy Kingma (pulled by Bain) Kingma explained that this item asks for approval of a final plat for a residential neighborhood, with no commercial space involved. Motion by Tonn, second by Curl to approve. Approved 6-0. U Consideration of a Preliminary Plat of a 111.954 acre tract in the Daniel Monroe and Frederick Foy Surveys, to be known as the Planned Unit Development of Sun City Georgetown, Phase 2A/Ed Barry and Hildy Kingma (Pulled by Bain) Kingma explained to Council that there were no controversial issues involved with this item. She said that the preliminary plat is for 236 residential lots. Motion by Tonn, second by Bain to approve. Approved 6-0. City Council Meeting Minutes November 28, 1995 Page 7 of 9 Pages Z Consideration of a License to Encroach for a Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One, Tracts B and D/Ed Barry and Hildy Kingma This item was deferred to the December 12 Agenda. BB First reading of an ordinance providing for the annexation into the City of a 333.490 acre portion of he Sun City Georgetown Planned Unit Development, Phase 2, located in the Daniel Monroe, W. G. Wilkinson, George Thompson, Abner Short, R. T. Jenkins, and Mary Ann Lewis Surveys/Ed Barry and Clyde von Rosenberg von Rosenberg reminded Council of the Public Hearings previously held on this annexation. He explained that this is the same piece of property with a more accurate property description. von Rosenberg read the caption only on first reading after satisfying the requirements as established by the City Charter. Motion by Tonn, second by Curl to approve this ordinance on first reading. Approved 6-0. CC First reading of an ordinance to rezone a 2.9 acre tract to be known as the Planned Unit Development of Sun City Georgetown, Phase 1, Tract Z, from RP, Planned Residential to C-1, Local Commercial/Ed Barry and Hildy Kingma Kingma advised Council that this rezoning concerned one of the new commercial lots involved in the Revised Concept Plan. She said that the second reading would not occur until the plat is recorded, probably well after the Revised Concept Plan is approved. She noted that this tract is located at the intersection of Sun City and Del Webb Boulevards. Bain asked and was told that a small retail center with a gas station was planned for that location. Kingma read the caption only on first reading after satisfying the requirements of the City Charter. Motion by Vincent, second by Torn to approve this ordinance on first reading. Approved 6-0. DD First reading of an ordinance to rezone a 475.52 acre tract to be known as the Planned Unit Development of Sun City Georgetown, Phase 2, from A, Agricultural, to C-1, Local Commercial, and RP, Residential Planned/Ed Barry and Hildy Kingma Kingma explained that this tract was included in the changes to the Concept Plan. She said it includes quite a bid of residential and also contains commercial, adding that this rezoning will include the lot for the proposed Scott and White Clinic. Kingma read the caption only after satisfying the Charter requirements. Motion by Curl, second by Hoyt to approve this ordinance on first reading. Approved 6-0. EE First reading of an ordinance to rezone a 111.954 acre tract in the Daniel Moore and Frederick Foy Surveys, to be known as the Planned Unit Development of Sun City Georgetown, Phase 2A/Ed Barry and Hildy Kingma Kingma noted that the preliminary plat was just approved (Item U), and again noted that this tract would be entirely residential. Kingma read the caption only after satisfying the Charter City Council Meeting Minutes November 28, 1995 Page 8 of 9 Pages requirements. Motion by Tonn, second by Vincent to approve this ordinance on first reading. Approved 6-0. FF Consideration of a priority list for the identification of specific routes for future road segments/Clyde von Rosenberg von Rosenberg explained to Council that this item was a follow-up from the October 10 Meeting. He noted that Planning and Zoning has more fully defined the order in which they will attempt to address the roadways, saying that they plan to begin discussion of the roadways at their December Meeting. He added that the order might change, but this priority list is an attempt to get the process started. Curl asked if Public Hearings would be held in conjunction with the Planning and Zoning regular meetings. von Rosenberg feels Planning and Zoning should be able to handle one roadway per month. One public hearing could be held for several roadways at one time. Curl asked if this timeframe would be sufficient to get these projects underway. von Rosenberg explained that these roads are being dealt with well in advance of any projected construction. Barry explained that this process was not designed to get the City to build roadways, but to address the configuration of future roadways, so that when new development is planned, there will be an awareness of the future roadways. Motion by Tonn, second by Curl to adopt the priority list as a recommended plan giving staff the authority to deal with possible deviations or changes in the priorities. Approved 6-0. Approved: LeoWood, Mayor City Council Meeting Minutes November 28, 1995 Page 9 of 9 Pages The Council Meeting was adjourned at 9:38 p.m. Attest: Secretary IP D .-k'..�