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HomeMy WebLinkAboutMIN 09.10.1996 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: Leo Wood George Arroyos Susan Hoyt Lee Bain Dick Vincent Charles "Ross" Burson Ferd Tonn Shelley Davis Staff Present: Bob Hart, City Manager Marianne Banks, City Attorney Sandra Lee, City Secretary Murray Blackman, Asst. to City Manager Hartley Sappington, Director of Community Svcs. Susan Morgan, Director of Finance & Admin. Jim Briggs, Director of Community -Owned Utilities Ed Barry, Director of Development Services Council Absent: None Hildy Kingma, Chief Planner Terry Jones, Purchasing Agent Policy Development/Review Workshop - Called to order at 5:15 p.m. A Governance discussion on sidewalk maintenance within the City, with a review of current practice and plan for future strategy -- Murray Blackman Using an outline prepared by Blackman, Council reviewed the history of sidewalk projects and discussed options of responsibility for construction and/or repair. 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) Item T - Wood asked Briggs if the restructuring of the brick manholes was a pilot project or had been proved to be beneficial. Briggs explained that this contractor is very experienced at this type of construction. Item J - Bain asked and was told by Kingma that the staff is comfortable with the item. Minutes of the City Council Meeting/September 10, 1996 Page 1 of 9 Pages Item L - Bain asked for an explanation about the process for abandoning drainage easements. Burson asked why the contractor working at Southwestern University was allowed to leave without repairing damage to the street near the project. Briggs explained that the contractor should have given Southwestern a one-year warranty, and that Southwestern should contact the contractor about guaranteeing his work. Regular Session - Called to order at 6:20 p.m. to convene Executive Session 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 7:05 p.m. F Action on Executive Session Items Executive Session was recessed, to be continued at the end of the Council Meeting. There was no action taken on Executive Session items at this time. G Mayor, Council, City Manager, and staff comments and reports Davis spoke of having attended the United Way Kick -Off Luncheon at Sun City, representing the Head Start Program. Wood said he is honored to chair the United Way Campaign for the second year. Arroyos remarked about the successful Fiesta San Jose Celebration held over the past weekend in San Gabriel Park and commended the City Parks and Recreation and Community -Owned Utilities Divisions for their support. H Citizens wishing to address the Council Dr. Jerry Davis of 101 E. Legend Oaks, told Council that he is concerned that growth will destroy the "small city" atmosphere of Georgetown. He suggested more discussion by the Council when deciding Council Agenda items so the citizens can better understand their actions. Ed Steiner of 409 W. 3rd Street, said the Parks and Recreation Survey on the possibility of re- naming Chautauqua Park wasn't fair because there was only one survey per household. He said he did not receive a survey form, and he lives in the area. He said he heard that people on Minutes of the City Council Meeting/September 10, 1996 Page 2 of 9 Pages Williams Drive had received a survey form. He also said there was another petition, which had signatures from Bartlett, Granger, and Hutto, adding that the survey explained about the Chautauqua Movement, but nothing was said about Edna Powell. He asked Council to change the name to Edna Powell Park. Ms. Gail Austin, of 204 Cassidy Court, told Council that she lives next door to the lot for which the variance is being requested. She told Council that her property value had increased by $47,000, and if a variance is granted, trees on her property would not receive water. Statutory Consent Agenda I Consider approval of meeting minutes for regular meeting of August 27, 1996 -- Sandra Lee J Consider a Final Plat of an 11.53 acre tract in the William Roberts Survey, to be known as Berry Creek, Section Eleven, Phase Three, located on Champions Boulevard -- Hildy Kingma ad Ed Barry K Consider a Final Plat of a 21.93 acre tract in the Antonio Flores Survey, to be known as a Planned Unit Development of Katy Crossing, Section Two, located on FM 971 -- Hildy Kingma and Ed Barry L Pulled. (See Legislative Regular Agenda) M Consider approval of Change Order No. 1 in the amount of $2,084.66 to the mechanical, electrical, and plumbing contract with Dorsey Construction, Inc. on the Reedholm Instruments Building -- Hartley Sappington N Consider approval of Change Order No. 3 in the amount of $3,020.00, Change Order No. 4 in the amount of $2,932.50, and Change Order No. 5 in the amount of $1,401.66, to increase the cost of the Reedholm Instruments Building construction contract with Dorsey Construction, Inc. -- Hartley Sappington O Consider authorizing the City Manager to sign a purchase agreement with GTE Telephone Operations to install new phone systems in Police Services, Fire Station No. 1, and Fire Station No. 2, in an amount not to exceed $3 8,600.00 -- Hartley Sappington P Consider approval of the upgrading of the Library's public computer accessed "card catalog" from the Ultimate, Release 135 to the IBM RS6000, Release 153 -- Sheila R. Henderson and Elizabeth Gray Q Consider an award of bid for janitorial supplies for a six-month period to various vendors in the estimated amount of $8,829.00 -- Terry Jones and Susan Morgan R Consider an award of bid for computer and copier paper for a six-month period to various vendors in the estimated amount of $12,115.00 -- Terry Jones and Susan Morgan Minutes of the City Council Meeting/September 10, 1996 Page 3 of 9 Pages S Consider an award of bid in the amount of $138,440.00 to Chasco Contracting to construct the Quail Valley Street and Drainage Improvements Project -- Jim Briggs T Consider an award of bid, in the amount of $20, 320.00, to Enviro Remediation Coatings Services, Inc. to restore the structural integrity of aging brick wastewater manholes throughout Old Town -- John Early and Jim Briggs Motion by Tann, second by Hoyt to approve the Consent Agenda with the exception of Item L which was pulled to be handled with the Legislative Regular Agenda. Approved 7-0. (Vincent abstained from voting on Items M and N.) Legislative Regular Agenda U Second Reading of an ordinance rezoning Amended Wood Ranch, Section Five, Block 1, Lot 6 and Block 2, Lot 1, located at the intersection of Highway 29 West and D. B. Wood Road, from RS, Residential Single Family, to C-1, Local Commercial, or any more restrictive district -- Hilly Kingma and Ed Barry Kingma read the caption on second reading. Jerry D. Porter of 2112 Rio Grande, speaking for himself, Jim Lewis of 209 Rio Bravo Road, and Joan Harris of 316 Rio Bravo Road, as an attorney for some of the residents in Wood Ranch, spoke to Council regarding his opinion of a safety issue involved in rezoning the two lots as commercial. Vincent said that he concurred with the safety issue, but Highway 29 has always been a major thoroughfare and was in existence before the homes were built. He said he doesn't like to grant a lot of variances and would look carefully at what would be built on the commercial lots. Hoyt said she on the Planning and Zoning response form from Joan Harris that she and her husband had, in fact, been aware that the two lots had been designated commercial. She said she felt that several of the homeowners were aware that the lots were designated commercial at the time they bought their lots. Davis stated that the development in this area had been planned in the Century Plan. He said he was indeed concerned for the safety of the people attending the churches, as well as for the residents of the area, but feels they should have been aware of the existence of possible commercial development. He said he felt transportation was a number one issue with the Council. Burson said he had visited with Ms. Harris and approximately six other couples in the area. He said he had read all the letters sent to the Planning and Zoning Commission, had studied the plats, and had driven through the neighborhood and made notes. He said the subject property has been designated for high-intensity use since 1986, and he voted at the last Council Meeting, in consideration of the Century Plan, in favor of the lots being rezoned commercial Minutes of the City Council Meeting/September 10, 1996 Page 4 of 9 Pages Bain told the audience that he appreciated the residents coming to the Council Meeting. He said if they felt misrepresentation had taken place, they should probably seek advice from an attorney. He said he lives off of Williams Drive with several similar conditions existing near his neighborhood. He also stated that there are commercial establishments on Highway 29 to the east of Georgetown that are close to residential areas. He spoke of the flaw in the system being the automatic re -designation to residential when the property was annexed. He commended Attorney Porter's representation for his clients. He said that the growth for this particular area was planned many years ago, and that he would vote again to rezone the subject properties to commercial designation. Arroyos recalled visiting with Mr. Morgan and many of his neighbors, saying that he thought it was a very productive visit. He recalled that he had shared his vision from an ownership perspective, and thought the residents had a clear understanding of how he would respond. He stated that although the deliberation seemed brief, there had been a lot of consideration before the vote was taken. He said that the commercial rezoning is logical, and that he would again vote to approve. Vincent said he hoped the developers on the two subject lots would take the residents into consideration in determining what is to go into that area. An unknown gentleman in the audience stated that he didn't envy the Council's position. He said he did hope the Council had "learned something." He said he felt it would have been accepted better by the audience if there had been some explanation prior to the vote at the last meeting. Arroyos said his decision will always be based on the "ownership" perspective. An unknown woman in the audience asked if they would receive answers to their questions. Wood suggested they could schedule time with the staff to go over the City's long-range plans. He added that he felt everyone on the Council had spent a great deal of time on this issue, and he emphasized that their decision was based on the benefit for the majority of the citizens. Motion by Hoyt, second by Bain to approve Ordinance 96-37 on second reading. Approved 7-0. Wood thanked the residents for coming and offered them the assistance of the City in the future. L Consider 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 -- Hildy Kingma and Ed Barry Ms. Gail Austin of 204 Cassidy Court, referred to a drawing showing her property in relationship to the subject Lot 9. She explained her concern that if the drainage easement is allowed to be filled, the drainage would not be allowed to flow onto her property, into the drainage pipe under her driveway, and provide needed water to her 42 -foot tall, 30 -year old trees Minutes of the City Council Meeting/September 10, 1996 Page 5 of 9 Pages that have caused her property to receive an increase of $47,000 in tax evaluation. She said she had tried to reach an agreement with the builder, Mr. Greer. Briggs said he was not aware of any agreement between Ms. Austin and the builder, and was not aware of a drainage pipe on her property. He said the variance was consistent with engineering standards and therefore was approved by the City Engineer. Ms. Austin said she felt there was an error on the plat, and that $500 worth of pipe could be installed that would save her trees. Motion by Bain, second by Hoyt to table action on the abandonment until staff puts it back on the Council Agenda. Approved 7-0. V First 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 east of IH 35 between the North and South forks of the San Gabriel River - Hildy Kingma and Ed Barry Barry stated that this item was originally proposed as 19 units, and is now being asked to be approved for 14 units. He said the staff recommended approval of the rezoning, and he read the caption only of the ordinance on first reading, after having satisfied the charter requirements. Davis asked why it would not be suitable for single-family residences. Barry stated that the infrastructure in the area would support multi -family use. Wood stated that an amendment needed to be added to Section 2 to change the number of units to 14. Motion by Tonn, second by Vincent to approve this ordinance on first reading. Approved 6-1. (Atf&yes--*- Davis opposed) *corrected by Lee Bain on 9-24-96 W Consider a Concept Plan of a 52.72 acre tract in the Nicholas Porter and Joseph Pulsifer Surveys, to be known as San Gabriel Village, located on the east side of 1H 35, south of the North San Gabriel River -- Hildy Kingma and Ed Barry Barry explained that this is the development plan for the previous rezoning, saying that Planning and Zoning had approved with certain conditions. He noted that staff has met with the applicant and resolved some of the issues, but the linkage between this property and the business park had not been resolved. He told the Council that the Planning and Zoning Commission had directed that a linkage be established to allow for movement between properties, suggesting that the connection could be limited to emergency vehicles only, provided there was a division between the two properties at the property line. He advised Council that staff is suggesting a more free- flowing connection, which could be accommodated through a parking lot easement with a straight alignment, adding that the Knox Box Gate that has been suggested by the applicant is not considered sufficient by the staff for safety reasons. Minutes of the City Council Meeting/September 10, 1996 Page 6 of 9 Pages Bain asked if this property owner were having to do something special to benefit the River Oaks developer. Barry said he felt that the issue would benefit both properties. Hoyt asked to hear from the applicant. Don Martin said he felt the Planning and Zoning Commission had dealt with the issue, but apparently there had been a misinterpretation by the staff. He stated that he had already contracted to sell the 9.5 acres, and that contract would be made void by the constructionn of an access road. Barry stated that the information on the cover sheet stating the conditions set by the Planning and Zoning Commission had been taken directly from the tape recording of the Planning and Zoning Commission. Barry reiterated that the Planning and Zoning recommendation was for a public access connector to be developed, with the minimum access being for emergency vehicles only. He asked Council to decide whether the Knox Box System would be acceptable, or if a more free-flowing connection should be provided, such as through a parking lot with an access easement. Arroyos asked Martin to address again why he did not want to make the public access available through his development. Martin said his reasons were: 1) he wants to provide a buffer between the multi -family use and the business park, 2) he wanted to put the multi -family portion as far back away from the frontage road as possible, and 3) there are numerous trees on the site. Bain asked Martin where the road would go that would have the Knox Box or a crash gate. Martin responding that he was not speaking for the developer, said he felt the road would circle the apartment complex. Arroyos asked if Martin would be willing to defer this issue until the DDP level. Martin said he needs to have an answer as soon as possible because it directly affects a pending contract on that property. Hart stated that the Knox Box would slow down public safety/emergency response. Fire Marshal Tom Leggitt stated that the police cruisers and EMS vehicles would not have access to the keys to the Knox Box. Hart reiterated that it was a staffing issue as well as a safety issue. Motion by Arroyos to approve the Concept Plan and require that there be access by public road between the two properties. The motion died for lack of a second. Tonn asked if the applicant would concur to take this action back to the Planning and Zoning Commission. Martin said he would prefer to have a vote at this meeting. Council deliberated again regarding access for public safety vehicles but not allowing public traffic. Bain asked if there wasn't some way that the complex could be designed so that access could be accomodated. Martin suggested providing access along his 2000 feet of road frontage. Minutes of the City Council Meeting/September 10, 1996 Page 7 of 9 Pages Davis said that from an "ownership" standpoint, due to the increased commercial development that will go into the area along the frontage road the homeowners in the subdivision across the river from the site are not pleased. 9:13 p.m. Recessed - Resumed at 9:27 p.m. Motion by Burson, second by Hoyt to approve the Concept Plan for an apartment complex with fire, EMS, police, and emergency evacuation (as corrected by Lee Bain on 9-24-96) access only; and if other than an apartment complex is developed, public access should be provided, but not a street, and this should be reflected on the Concept Plan, with the actual access to be determined at the DDP level. Approved 7-0. Davis asked if the apartment complex would include affordable housing. Martin said the complex will include units for which tax credits will be applied. X First 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 stated that this ordinance would adopt the budget as discussed at the budget workshops. Morgan read the caption only on first reading, after satisfying the requirements in the Charter. Motion by Torn, second by Burson to approve the ordinance on first reading. Bain asked if the proposed water rates were built into the budget, and was told that an ordinance would be brought back in January for adoption. Approved 7-0. Y First 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 only on first reading, after satisfying the requirements in the Charter. Motion by Hoyt, second by Bain to approve the ordinance on first reading. Approved 7-0. Z First 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 only on first reading, after satisfying the requirements in the Charter. Motion by Bain, second by Tonn to approve the ordinance on first reading. Approved 7-0. AA First 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 only on first reading, after satisfying the requirements in the Charter. Motion by Bain, second by Arroyos to approve the ordinance on first reading. Approved 7-0. Minutes of the City Council Meeting/September 10, 1996 Page 8 of 9 Pages BB First 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 only on first reading, after satisfying the requirements of the Charter. Motion by Tonn, second by Vincent to approve the ordinance on first reading. Approved 7-0. CC Consider authorizing the Mayor to execute the System Water Supply Agreement between Brazos River Authority and the City of Georgetown for the purchase of an additional 10,000 acre-feet of water per calendar year for a term of 42 years at a rate of $20.21 per acre-foot -- Bob Hart Hart told Council that this was a system rate to take care of the water needs of the City until the year 2038. He said that the acceleration in signing the agreement was due to the lowering water supply available in Stillhouse Hollow Reservoir. Motion by Bain, second by Tonn to approve of the System Water Supply Agreement. Approved 7-0. DD First 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 told Council that this ordinance implements the collection of fees at the collection station for all materials brought there and adjusts the rate schedule for the schools to more closely reflect the amount of solid waste being disposed. Sappington read the ordinance. Motion by Tonn, second by Burson to approve the ordinance on first reading. Approved 7-0. 9:43 p.m. Recessed for continuation of Executive Session 11:06 p.m. Resumed Open Session F Action on Executive Session Items There was no action taken on Executive Session items. Approved: The meeting was adjourned at 11:07 p.m. Leo Wood, Mayor Minutes of the City Council Meeting/September 10, 1996 Page 9 of 9 Pages Attest: Sandra D. Lee, City Secretary