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HomeMy WebLinkAboutMIN 09.25.1996 CC-W&R1WN tt The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Leo Wood presiding. Council Present: Lee Bain Charles Burson Susan Hoyt Ferd Tonn Dick Vincent Staff Present: Bob Hart, City Manager Marianne Landers Banks, City Attorney Sandra D. Lee, City Secretary Ed Barry, Dir. of Development Svcs, Jim Briggs, Dir. of Com. Owned Utilities Hartley Sappington, Dir. of Com. Svcs. Bill Shanklin, Fire Chief Susan Morgan, Dir. of Finance & Admin. Council Absent: George Arroyos Shelley Davis Clyde von Rosenberg, Chief Planner Leanne Heldenfels, Planning Technician Murray Blackman, Asst. to City Manager Leon Henderson, Load & Conservation Mgr. Policy Development/Review Workshop - Called to order at 5:37 p.m. A Governance discussion of proposed standards for manufactured housing developments Hart explained that this workshop was a follow-up to a previous workshop due to additional questions from the Council. von Rosenberg distributed to Council an outline showing recently revised policy for Council to review before being presented for adoption by the Council. It was generally determined that there should be two separate ordinances written -- one to address mobile home parks and one to address "fee simple" acquisition of manufactured housing for placement in a mobile home subdivision. Design standards were proposed to be modified to accommodate economic feasibility for the developers. B Answer questions on Statutory Consent Agenda Items listed specifically below under the Regular Session that will begin no sooner than 7:00 p.m. (for questions only, no action to be taken until Regular Session) This item was not handled due to the lack of time before the Regular Session was to begin. Regular Session - to convene Executive Session - called to order at 6:57 p.m. Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. C Sec.551.071 consultation with attorney D Sec.551.072 deliberation on real property E Sec.551.075 conference with employee Regular Session called to order at 7:12 p.m. F Action on Executive Session Items There was no action taken on Executive Session items. G Mayor, Council, City Manager, and staff comments and reports Proclamation for Public Power Week Briggs explained that Georgetown is one of 2000 cities in the nation that own and operate their own electric system and therefore provide less expensive rates. The proclamation was read and Briggs introduced Leon Henderson who shared the busy schedule of activities in celebration of Public Power Week. The proclamation was read Bain commended City staff for their performance after the lightning strike last Thursday night. He asked to be able to give a short report at the next Council Meeting on the Texas Leadership Institute Conference that he had attended. H Citizens wishing to address the Council William P. Mulock asked about an item that had been on the August 27 Council Agenda to authorize an economic feasibility study to be done by Arthur Andersen Consultants. He said he felt that the Georgetown Industrial Foundation should be able to do the economic studying, and that no more money need be spent for that purpose. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A Councilmember may pull any item from the consent agenda in order that the Council discuss and act upon it individually as part of the regular agenda. Please note that the following items may be discussed with no action taken during the Workshop at 5:00 p.m. I Consideration of approval of meeting minutes for regular meeting of September 10, 1996 -- Sandra Lee Bain made the following two corrections to the minutes: Item V was opposed by Davis; Item W should have included emergency access by fire, EMS, police, and emergency evacuation. J Consideration of a resolution of support for the City's application to the National Trust for Historic Preservation to be named a 1997 Great American Main Street Award winner -- Molly Alexander and Bob Hart City Council Meeting Minutes//September 24, 1996 Page 2 of 14 Pages K Consideration of a resolution approving a lease agreement with the Georgetown Heritage Society -- Hartley Sappington L Consideration of a resolution approving the funding agreement between the City of Georgetown and the Georgetown Heritage Society for administrative services -- Molly Alexander and Hartley Sappington M Consideration of a resolution approving a lease agreement with the Georgetown Optimist Club -- Hartley Sappington (Tonn & Vincent abstained) N Consideration of a resolution approving funding agreements with the following agencies to continue to provide social services to residents of Georgetown: WBCO/Williamson County Crisis Center ($10,000.00), Literacy Council of Williamson County ($2,500.00), WBCO/Nutrition Services ($5,000.00), Stonehaven Center ($12,000.00), Capital Area Rural Transportation System (CARTS) ($6,000.00), the Williamson County and Cities Health District ($22,500.00), The Georgetown Project ($70,000.00), and the Georgetown Information and Volunteer Exchange ($10,000.00) -- Hartley Sappington Bain asked that the City Manager keep track of staff time spent assisting these agencies. O Consideration of a resolution authorizing the Brazos River Authority to proceed with preliminary engineering, permitting, and engineering design for the raw water line to be built from Lake Stillhouse Hollow, and authorizing payment of the City's pro rata share of this work in an amount not to exceed $225,000 -- Susan Morgan and Bob Hart P Consideration of a resolution approving the Georgetown Industrial Development Corporation's Resolution authorizing Georgetown Industrial Development Corporation Adjustable Rate Industrial Revenue Bonds (Chatsworth Products, Inc. Project), Series 1996, authorizing execution of a Trust Indenture, Loan Agreement, and Bond Placement Agreement and other matters related to the issuance of bonds -- Bob Hart Q Consideration of a Resolution authorizing the Articles of Incorporation and Bylaws of Georgetown 4B, Inc -- Bob Hart. R Consideration of award of bid for all lines of property liability and workers' compensation insurance for FY 1996/97 in the estimated amount of $259,777.00 -- Hartley Sappington S Consideration of the award of bid to construct the 15th Street French Drain Project in the amount of $92,734.30 to Addco Builders, Inc. of Austin, Texas -- Jim Briggs T Consideration of approval of contracts to KBS Electrical Distribution, Inc., South Way Electric Utility Service, Inc., and Techline, Inc. for the Annual Electric Distribution Transformer Bid #96029-- Jim Briggs City Council Meeting Minutes//September 24, 1996 Page 3 of 14 Pages U Consideration of a Preliminary Plat and Detailed Development Plan of a 5.58 acre tract situated in the David Wright Survey, to be known as a Planned Unit Development of Village II of River Bend, located at Kathi Lane and Melissa Court -- Hildy Kingma and Ed Barry V Consideration of a Final Plat of a 10.0 acre tract in the John Berry Survey, to be known as Heritage Baptist Subdivision, located on FM971 and County Road 152, and request for a waiver of development review fees - Hildy Kingma and Ed Barry W Consideration of a Concept Plan of a 12.06 acre tract in the Nicholas Porter Survey to be known as Gateway Northwest; located on Northwest Boulevard and the West IH3 5 Frontage Road -- Hildy Kingma and Ed Barry X Consideration of a Preliminary Plat of a 7.04 acre subdivision situated in the David Wright Survey, to be known as River Bend V, Phase IV, and variances to the Subdivision Regulations, located on Parker Drive and Melissa Court -- Hildy Kingma and Ed Barry Y Consideration of a resolution to authorize the abandonment of both side five (5) foot public utility easements and a partial abandonment; to be six (6) feet abandoned out of a ten (10) foot rear public utility easement for River Ridge Section One, Block M, Lot 18, located at 202 River Bow Drive -- Hildy Kingma and Ed Barry Z Consideration of a resolution to authorize a License to Encroach into a portion of the public utility easement along the south side property line of Serenada East, Unit Four, Block 2, Lot 5, located at 4311 Cordoba Circle West -- Hildy Kingma and Ed Barry AA Consideration of a resolution to authorize a License to Encroach into a portion of the public utility easement along the west side property line of Revised Berry Creek, Section Nine, Phase III, Block A, Lot 33 located at 30403 La Quinta Drive -- Hildy Kingma and Ed Barry BB Consideration of a resolution to authorize a License to Encroach into a portion of the public utility easement near the south (rear) property line of Berry Creek, Section Eleven, Phase One, Block A. Lot 17, located at 119 Poppy Hills Cove South -- Hildy Kingma and Ed Barry CC Consideration of a resolution to authorize a License to Encroach into the public utility easement located along the east side property line of Berry Creek, Section VI, Block C, Lot 1, located at 29001 Colonial Drive -- Hildy Kingma and Ed Barry DD Consider waiving the detailed development plan requirement for River Haven Nursing Home, located at 903 River Haven Drive -- Hildy Kingma and Ed Barry EE Consideration of a Detailed Development Plan of a 4.2 acre tract in the Frances A. Hudson Survey, to be known as Cusach, Inc., located on South IH35 -- Hildy Kingma and Ed Barry Bain asked if everything had been taken care of on this item. Kingma replied that everything including the paving issue had been taken care of to the satisfaction of the Fire Marshal. City Council Meeting Minutes//September 24, 1996 Page 4 of 14 Pages FF Consideration of a Detailed Development Plan of a 6.28 acre tract in the Frances A. Hudson Survey, to be known as Associated Dealers, Inc., located on South IH35 -- Hildy Kingma and Ed Barry Bain asked if everything had been taken care of on this item. Kingma replied that everything including the paving issue had been taken care of to the satisfaction of the Fire Marshal. GG Consideration of a Detailed Development Plan of Williams Commercial Park, Block C, Lot 1, to be known as Laserwash of Georgetown, located at 301 River Bend Drive -- Hildy Kingma and Ed Barry HEI Consideration of a Short Form Final Plat of an 8.60 acre tract in the Woodruff Stubblefield Survey, to be known as Richey Subdivision, located at the intersection of County Road 103 and State Highway 29 East -- Hildy Kingma and Ed Barry Bain asked if there were a precedent setting problem with allowing the access on State Highway 29. Kingma replied that it was a fairly large lot that would probably be converted eventually to commercial use, and the access would be necessary at that time. II Consideration of waiving the detailed development plan requirement for Cross and Crown Lutheran Church, located at 716 Rock Street -- Hildy Kingma and Ed Barry Motion by Hoyt, second by Bain to approve the Consent Agenda with the stipulation that the approval of Item Q is subject to the appointment of seven directors at the October 8 Council Meeting. Approved 6-0. (Davis absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: (Council may, at any time, recess the regular session to convene in executive session at the request of the Mayor, a Councilmember, or the City Manager.) JJ Consideration of a Revised Concept Plan of a 34.75 acre tract in the David Wright Survey to be know as Sunset Oaks West; located on Booty's Crossing Road -- Hildy Kingma and Ed Barry Kingma explained that this subdivision would use City water and wastewater from the line being installed into the Williams Drive/Booty's Road area. This allows the lots to be developed to the urban standard. She said that one of the features of the subdivision is that a road is "stubbed out" which lines up with a street in the Country West Subdivision, but would not become a through street unless the property in between is developed. She said the developer prefers to pay a fee in lieu of providing parkland and noted that the Planning and Zoning Commission had voted 5 to 1 to approve this concept plan. Wood said the residents were asking about Booty's Road becoming a 4 -lane highway. Kingma stated that it is recommended that it be upgraded to a 4 -lane minor arterial but there is no date established, and it would wait for the needs to be tracked and budgeted. She said it was City Council Meeting Minutes//September 24, 1996 Page 5 of 14 Pages originally submitted as a rural subdivision with one acre or greater lots prior to the wastewater line being installed due to the one -acre requirements for septic systems; saying that now that the water line is being installed, the developer is able to build out smaller lots. David Pyka, 4124 Windflower, signed a petition with unanimous participation by the homeowners in the subdivision, saying he was not against development, but did not like the proposed road development that he said would favor the developer, Jimmy Jacobs. He asked Council to take the homeowners into consideration instead of favoring the developer. Mary Jo Schoppa, 101 Tortoise Lane, said she had signed a petition of 232 signatures from four subdivisions that would be affected by the new Sunset Oaks Subdivision. She said she feels the proposed development is too dense for the area, and sighted the danger of increased traffic on Booty's Crossing Road, which would cause Turtle Bend to become an alternative route. Patricia Ziminskas, 400 Country Road, said she owns the property where a proposed road would have to go if Country Road is extended. She spoke of the damages to the property value that would result if the road is extended, and asked Council not to approve the development. Terry Davila, 4101 Windflower, asked that the Council reduce the density and remove the stub - out from the currently proposed location. Kera Tuten, 605 Oakcrest Lane, a young child, said that she and her neighbors would be walking to school on Booty's Road, and the increased traffic would be a hazard. Mary Marcotte, 605 Oakcrest Lane, sited a severe drainage problem on her property which would be increased by the proposed subdivision. She asked that Council improve safety on Booty's Road and develop a drainage plan or turn down the proposed subdivision. J. Trainer, 107 Tortoise Lane, emphasized that the amount of development would increase the runoff, and said that the City staff advised Jimmy Jacobs to increase his development due to the availability of the sewer line being put in so they could get the revenue to support the line that was put in for a new HEB Store. Gary Boyd, 113 Turtle Bend, said that it is proposed that four lots would abut his lot, and asked that the Council support the homeowners instead of the developer. Joan T. Hollier, 103 Turtle Bend, told Council that she is a retired person who has lived in the Georgetown area for 12 years. She said she has asked Jacobs but has not received detailed information on the development. She sited reasons why the development would not be suitable for retired persons. She asked Council to delay approval until Jacobs answers her questions. Mark Jones, 102 Turtle Bend, handed photographs to the Council that were taken on the night of the severe rain, showing several properties near the proposed development that were flooded when the rain gauge showed a little less than 3 inches. He sited sections of the Century Plan that he says will be violated if the proposed subdivision is developed. He sited the dangers of City Council. Meeting Minutes//September 24, 1996 Page 6 of 14 Pages Booty's Crossing Road, saying they would be heightened with increased traffic from an additional subdivision. He asked Council to deny the proposed Concept Plan. Harold McDonald, 210 Turtle Bend, said that he agreed with much of what had been previously said by others and asked to be notified if the builder decided to change his mind about paying fees in lieu of dedicating parkland. Betty Hillstrom, 613 ®akcrest Lane, a realtor, said she is not against growth and that Jacobs is a good builder, but she felt the Council is legally and morally responsible for not increasing traffic on Booty's Road and not increasing drainage problems. She said there had been four deaths due to traffic accidents on Booty's Road. Burson said he has similar concerns, and agreed that Booty's Road is dangerous and could not handle increased traffic. He asked to find out when the road was planned to be widened, asked that something be done about the drainage, and asked that Jacobs provide his plans for the proposed subdivision. He suggested that the item be tabled. Vincent expressed concern about the trees that would be removed for the development and concern about the proposed intensity. Kingma stated that the density is in compliance with the Subdivision Regulations and is typical of the average subdivision in Georgetown. Hoyt asked if Jacobs were present. Bizzell spoke as the engineer, saying that the final plans had not been done, but it is proposed to have storm sewers and detention. He said the final engineering has not been done, and that the preliminary and final plats would be provided to the City for review during the development process Bain asked for the anticipated timeframe for the sewer line. Hart replied that it is a capital improvement in this year's budget. He said the need for sewer line was precipitated by the high concentration of septic tanks in Williamson County which are currently causing some surface water contamination. Hart says the lots in Turtle Bend are smaller than required by the Subdivision Regulations. Bizzell said the continuation of the road is flexible at this time, and they would be willing to work with the residents. Hoyt asked the market price of the proposed homes. Bizzell said that is not known at this time. Bain asked which variances were involved in this item. Kingma said variances are not considered at the Concept Plan stage. Bain asked about the difference between the levels of development, and if there should be a buffer between the existing and the proposed developments. Kingma stated that the density was approved in 1990. Barry reminded Council that they are not allowed to zone in the ETJ, which limits what the City can require of the developer. Bain asked if the Council were required to approve the project. Banks explained that the ordinance requires Council approval if the development meets the stipulated standards. Vincent asked Bizzell about saving the trees. Bizzell said he felt Jacobs would be encouraged to save as many trees as possible, because of their value to the property. City Council Meeting Minutes//September 24, 1996 Page 7 of 14 Pages Bain asked if there were a requirement to have the developer pay a portion of the cost of improving the streets and roads. Barry explained that for rural subdivisions, the State is not very specific about contribution requirements. An unidentified man in the audience asked if the influence on the Aquifer had been determined. Bizzell said it has not yet been determined, and that requirements for filtering had been dropped by the State. Arroyos asked if the Council decided not to approve the plan, what consequences could be expected? Banks explained that the Council would be subject to liability by the owner of the property. She also stated that this item would go before the County Commissioners at the next stage of development. Wood asked and was told that the Council was bound by the Century Plan to approve the Concept Plan. Bizzell stated that because of the state laws, the County has practically no jurisdiction over development. Arroyos asked Barry to explain how the Subdivision Regulations were developed. Barry explained that in the spring of 1986, a 40 -member citizen committee began a process to develop a subdivision ordinance that was adopted by the Council in 1988. Arroyos asked Barry to explain how the elements of the Century Plan were developed. Barry explained that the Century Plan is a citizen -driven guide developed by a committee of 80 people. Steve Bettinger, 102 Tortoise Lane, said he understands that if the plan meets the Subdivision Regulations, the Council must approve the plan. He read from the Century Plan that decisions from the Council must create harmonious Wood asked Bizzell if he thought Jacobs would be willing to meet with a few of the residents to consider compromise. A lady asked if the proposed "stub out" could be changed. Wood asked Council if the item could be brought back at another meeting. Kingma explained that the timeframe would require that it be approved a the next Council Meeting, unless the applicant would agree to an extension. Bain said his main concern is the traffic on Booty's Road. He also said he thought the infrastructure and facilities should be in place before the development. He said he would like to see a "good faith" effort made by the developer to get together with representatives of the neighborhood. Wood added that he would like for a member of the Development Services staff attend the meeting. Motion by Bain, second by Burson to table this item until the next Council Meeting. Approved 5-1. (Arroyos opposed) 9:27 p.m. - Recessed/Resumed at 9:40 p.m. City Council Meeting Minutes//September 24, 1996 Page 8 of 14 Pages Bain asked if there were a requirement to have the developer pay a portion of the cost of improving the streets and roads. Barry explained that for rural subdivisions, the State is not very specific about contribution requirements. An unidentified man in the audience asked if the influence on the Aquifer had been determined. Bizzell said it has not yet been determined, and that requirements for filtering had been dropped by the State. Arroyos asked if the Council decided not to approve the plan, what consequences could be expected? Banks explained that the Council would be subject to liability by the owner of the property. She also stated that this item would go before the County Commissioners at the next stage of development. Wood asked and was told that the Council was bound by the Century Plan to approve the Concept Plan. Bizzell stated that because of the state laws, the County has practically no jurisdiction over development. Arroyos asked Barry to explain how the Subdivision Regulations were developed. Barry explained that in the spring of 1986, a 40 -member citizen committee began a process to develop a subdivision ordinance that was adopted by the Council in 1988. Arroyos asked Barry to explain how the elements of the Century Plan were developed. Barry explained that the Century Plan is a citizen -driven guide developed by a committee of 80 people. Steve Bettinger, 102 Tortoise Lane, said he understands that if the plan meets the Subdivision Regulations, the Council must approve the plan. He read from the Century Plan that decisions from the Council must create harmonious Wood asked Bizzell if he thought Jacobs would be willing to meet with a few of the residents to consider compromise. A lady asked if the proposed "stub out" could be changed. Wood asked Council if the item could be brought back at another meeting. Kingma explained that the timeframe would require that it be approved a the next Council Meeting, unless the applicant would agree to an extension. Bain said his main concern is the traffic on Booty's Road. He also said he thought the infrastructure and facilities should be in place before the development. He said he would like to see a "good faith" effort made by the developer to get together with representatives of the neighborhood. Wood added that he would like for a member of the Development Services staff attend the meeting. Motion by Bain, second by Burson to table this item until the next Council Meeting. Approved 5-1. (Arroyos opposed) 9:27 p.m. - Recessed/Resumed at 9:40 p.m. City Council Meeting Minutes//September 24, 1996 Page 8 of 14 Pages KK Consideration of a Concept Plan of a 182 acre tract in the William Roberts Survey, to be known as The Reserve at Berry Creek, located north of Serenada East, Unit Five Subdivision, west of Berry Creek, Sections Nine and Eleven, and south and east of Logan Ranch Subdivision Kingma said this plan proposes a 436 unit development with density similar to Berry Creek Section Eleven with Champions Drive and the proposed Shell Spur providing minor arterials. She stated that the Planning and Zoning Commission voted to approve this plan. Mary Pepper, 361 Logan Ranch Road, stated that property was purchased from her for utilities, not for right of way. She said she has asked what determines that the City can spend money to purchase property in the County. She asked and was told that Berry Creek was developed according to the design standards of the Subdivision Regulations. She said that according to a private engineer told her that Shell Spur does not meet the design standards. She demonstrated two overlays that she says show that this proposed right of way is the same as the former Northwest Boulevard extension that was defeated several years ago. Fred List, 444 Logan Road, said the subdivision restrictions of the Berry Creek Subdivision written in 1981 say there would be no more roads put into the subdivision. He asked if the developer could use existing exits. Dave Steel, 354 Logan Ranch Road, displayed an overhead showing that the connection of Shell Spur would be a straight line from Serenada to Shell Road. He also said he felt the development would not be harmonious to the Logan Ranch area. A. O. Andrew, 4014 Luna Trail, said that he was concerned about Luna Trail going through to Shell Road. He asked Council to approve the plan with different access routes. Glenda Hunt, Lot 73, 364 Logan Ranch Road, said her appraisal was increased by 40% this year. She showed the original layout of Logan Ranch which indicated five easements at that time. She said she was told by City staff that the easement between Lots 72 and 73 would not be a road, but the developer was sent a letter at the same time saying that it would be a road. She said she opposes the road, and asked that the developer use the existing easements. Stephen Lozano, Logan Ranch Road, told Council that he is opposed to the density that is proposed for The Reserve. He also said that he has a well on his property, and feels the development will contaminate his well. Bob Wunch, the applicant, told Council that the lots in The Reserve will be the same size as the lots in Section 11 of Berry Creek. Vincent asked if Wunch had been aware of the access easements that were available. Ms. Pepper asked Wunch if he would consider using one of the access easements. Lozano said he owns property that abuts one of the easements and was aware City Council Meeting Minutes//September 24, 1996 Page 9 of 14 Pages of the easement when he bought his lot. An unidentified man in the audience suggested that the important issue was the safety impact of a thoroughfare going in. Bain asked why the Shell Spur route was chosen over the other access easements. Barry explained that the other easements would give more disruption into the neighborhood. Various people in the audience contributed to the discussion, asking why the connection road is being pursued. Hart explained that a wider roadway is necessary for access by emergency vehicles. Several people in the audience spoke in disagreement to Hart. Briggs responded to the question as to whether the easement was purchased with the idea of developing a road, saying that the roadway easement was just an available option when the easement was purchased. Beverly Girding, Shell Road, spoke of having attended the meeting in 1994, when the proposed Northwest Boulevard was discussed. She said that this proposal looks like the same thing that the Council voted down on two occasions in the last three years. She said that Wunch told her he was willing to use the easements. An unidentified man in the audience accused Council of having absolved themselves of any responsibility. He asked if the Council was obligated to approve this item. Barry explained that the Council has more latitude with the roadway. The man asked what the Council is doing to ensure that his neighborhood will be a safe place to raise his kids. Wood responded that the Development Services staff and the Planning Commission have followed the Century Plan closely to ensure safe and efficient transportation. Bain asked what alternatives the audience was suggesting as to how to keep the subdivision from being landlocked. An unidentified woman in the audience suggested there were a variety of short streets that would allow ingress/egress. Tonn asked if Wunch would be amenable to working with the residents, and he agreed. Discussion followed regarding the wording on the plat that the audience believed meant that no new roads were to be built. Banks and Barry attempted to clarify the confusion over state law interpretation. Wunch suggested approving the item tonight with a meeting to be held between the residents, the staff and himself, no later than the filing of the preliminary plat, so that a viable solution could be found. Motion by Hoyt, second by Bain to approve the Concept Plan contingent upon a meeting of all parties being held. Approved 4-1. (Burson opposed, Arroyos absent) 11:08 p.m. Recessed - Resumed at 11:18 p.m. LL Consideration of a Variance to the Subdivision Regulations to allow the construction of a six (6) foot privacy fence on the rear property line within a front yard setback along River Ridge Drive, City Council Meeting Minutes//September 24, 1996 Page 10 of 14 Pages for River Ridge Three, Section A, Block D, Lot 10, located at 119 Red Oak Court - Hildy Kingma and Ed Barry Kingma said the subject property has two front yards, on River Ridge Cove and Red Oak Court, and the request is to allow one of those front yards to be technically called a "back" yard; and therefore, allowed to have a six-foot fence. She said the Planning and Zoning Commission had voted 4-2 to approve of this variance, but the issue required a majority plus one to pass. The Council would need to pass the item by a 4-1 majority. Applicant, Jim Haskell, said he did not want to be a contingent in the neighborhood, and didn't want to create a difficult situation, but said he had been negligent of the regulations when he decided to build the fence. He displayed a drawing and photographs to the Council to explain why he is requesting the variance. He gave Council copies of a letter from the developer of River Ridge III showing that the developer is in favor of the six-foot fence on the property line. Robert Olofson, 109 River Down Road, displayed overheads showing the River Ridge Subdivision, and explained that his opposition to the fence is that it would only be seven feet from the street. Harold Gero, 105 Red Oak Court, spoke in favor of the variance and asked the Council to vote in favor. Mike Zimmerman, 403 Riverview, said he felt that the divided road with medians would be sufficient to keep people from feeling boxed in, and feels that Haskell should not be penalized Tom Owens, in River Ridge II, spoke of walking by the location every day, and would have no objection to the fence. Paul Nuckolls, 521 River Down Road, said he felt the fence would not be a problem. An unidentified man in the audience asked if Haskell would gain property by moving his fence out, and was told "no." He did not hear or did not understand, and said he felt that Haskell would be gaining real estate for which he did not pay. Wallace Ables of River Ridge III asked if this would set a precedent to allow someone else in the neighborhood to put a six-foot fence in their front yard. Wood explained that each variance would be handled on an individual basis. Kingma agreed that this would not set a precedent. Motion by Burson, second by Hoyt, to approve the variance as requested. Approved 5-0. MM Consideration of a resolution to authorize an abandonment of the drainage easement on Lot 9, Block E. Amended Wood Ranch, Section Three, located at 206 Cassidy Drive -- Jim Briggs and Bob Hart City Council Meeting Minutes//September 24, 1996 Page 11 of 14 Pages Briggs explained that the County Commissioners approved the abandonment in June. It was reviewed by Community Owned Utilities in July and is suggested that it be abandoned. Gail Austin said she received a letter from the builder, Mr. Greer, who stated that he would be happy to install an 18 -inch pipe, and for that she is very happy. Greer stated that whatever he did on his lot would not impact Lot 9. Motion by Tann, second by Vincent to approve the abandonment. Approved 5-0. NN Second Reading of an ordinance rezoning a 9.481 acre tract in the Nicholas Porter and Joseph Pulsifer Surveys, from C -2A, Commercial First Height - Restricted, to C -2A, Commercial First Height - Restricted to permit multifamily residential uses, located ease of IH35 between the North and South Forks of the San Gabriel River - Hildy Kingma and Ed Barry Kingma read the caption. Motion by Tonn, second by Burson to approve Ordinance 96-38 on second reading. Approved 5-0. 00 Second Reading of an ordinance adopting the Facilities and Services Functional Plan Element of the Century Plan -- Clyde von Rosenberg and Ed Barry von Rosenberg read the caption. Motion by Tonn, second by Vincent to approve Ordinance 96- 39 on second reading. Approved 5-0. PP Second Reading of an ordinance adopting the periodic revision and modifications to Chapter 4 (Administration) of the Policy Plan Element of the Century Plan -- Clyde von Rosenberg and Ed Barry von Rosenberg read the caption. Motion by Tonn, second by Bain to approve Ordinance 96-40 on second reading. Approved 5-0. QQ Second Reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (Budget) for the fiscal year beginning October 1, 1996, and ending September 30, 1997; adopting the Annual Amendment to the Century Plan -- Susan Morgan and Bob Hart Morgan read the caption. Motion by Vincent, second by Bain to approve Ordinance 96-41 on second reading. Approved 5-0. RR Second Reading of an ordinance amending Sec. 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Susan Morgan and Bob Hart Morgan read the caption. Motion by Tonn, second by Bain to approve Ordinance 96-42 on second reading. Approved 5-0, City Council Meeting Minutes//September 24, 1996 Page 12 of 14 Pages SS Second Reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 1996 -- Susan Morgan and Bob Hart Morgan read the caption. Motion by Burson, second by Bain to approve Ordinance 96- 43 on second reading. Approved 5-0. TT Second Reading of an ordinance amending Article VI -- Solid Waste Disposal Rates of Section 13.04.180 of the Code of Ordinances of the City of Georgetown, Texas, relating to Rates and Charges -- Solid Waste Disposal -- Schedule, Schools, and Public Disposal Fees at the Public Collection Station -- Hartley Sappington Sappington read the caption. Motion by Hoyt, second by Vincent to approve Ordinance 96-44 on second reading. Approved 5-0. UU First Reading of an ordinance amending the 1995/96 Annual Operating Plan Element (Budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests or revenue collection rates, to properly account for grant expenditures, and to reclass expenditures between funds -- Micki Rundell and Susan Morgan This item was pulled by City Manager. VV Consideration of initiating a rezoning of River Ridge, Section Two -A, Block R, Lots 1, 2 and 3, located at 417, 415 and 413 South Ridge Circle from RM -2, Dense Multifamily to RS, Residential Single Family, RP, Residential Planned, or any more restrictive district -- Hildy Kingma and Ed Barry Kingma explained that there is currently a single-family home on Lot 1, and it has been allowed access to South Ridge Circle. She said that City staff is requesting the rezoning to RS to legitimize what is already there, explaining that the plans for Lots 2 and 3 are not yet developed, so rather than take away the RM -2 designation, the RP would make sure that the plat comes before the Council for review before development. Fred Otto, 203 Norwood West, said he bought Lots 2 and 3 as zoned for multifamily. He said he is not interested in seeing them rezoned even though he has not decided to what use he will put the lots. Bain asked Kingma to explain again why the City is asking for the rezoning. Kingma explained that the reason is to make them consistent. Kingma explained that the rear entry change only applied to Lot 1, unless Lots 2 and 3 are developed as multifamily. Otto felt it was unfair for the City to bring his lots into the item just because of Lot 1 needing some "cleaning up." Motion by Torn, second by Burson for the City initiate rezoning of Lot 1, and the other lots be left as they currently stand. Approved 4-1. (Vincent opposed) City Council Meeting Minutes//September 24, 1996 Page 13 of 14 Pages WW First Reading of an ordinance amending the Subdivision Regulations to establish standards for manufactured home park developments -- Clyde von Rosenberg and Ed Barry This item was pulled for revision. XX First Reading of an ordinance amending the Zoning Ordinance to establish standards for manufactured home park developments -- Clyde von Rosenberg and Ed Barry This item was pulled for revision. YY Resolution encouraging a regional partnership among the cities of Williamson and Travis Counties in the planning for transportation, air quality, and water quantity and quality -- Leo Wood Wood explained the intent of the resolution. Motion by Bain, second by Tonn to approve the resolution Approved: Leo Wood, Mayor Approved 5-0. The Council Meeting was adjourned at 12:29 p.m. City Council Meeting Minutes//September 24, 1996 Page 14 of 14 Pages Attest: Sandra D. Lee, City Secretary