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HomeMy WebLinkAboutMIN 08.27.1996 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 "Hors" Burson Ferd Torn 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 Policy Development/Review Workshop A Receive status report on training program - Joe Gonzalez and Division Directors Gonzalez and Directors explained their progress regarding the training program. 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 addressed at this time. Regular Session Executive Session C Sec. 551.071 consultation with attorney Minutes of Council Meeting/August 27, 1996 Page 1 of 10 Pages D Sec.551.072 deliberation on real property E Sec.551.075 conference with employee Regular Session - Called to order at 7:00 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 Arroyos spoke of he and Davis having attended a leadership program sponsored by the Jaycees. Hoyt announced that Senator Phil Gramm had stopped in Georgetown to comment on the proposed M®KAN Highway Project. H Citizens wishing to address the Council The registered citizens preferred to wait and address the Council when their item of interest was considered on the agenda. Public Hearin I Public Hearing on the draft Century Plan - Policy Plan Revision - Clyde von Rosenberg and Ed Barry The Public Hearing was opened at 7:03 p.m. von Rosenberg recalled the guidelines that Council had reviewed and asked for any further input. He informed Council that the first reading of the ordinance would be at the September 10 Council Meeting. There were no comments from. the Council or the audience. The Public Hearing was closed at 7:04 p.m. J Public Hearing on the revised draft of the Facilities and Services Plan - Clyde von Rosenberg and Ed Barry von Rosenberg reminded Council of the workshop program where this revised draft had been discussed. Arroyos commented that this was a "citizen driven" revision and asked for a brief synopsis of the Century Plan Policy Plan Element. von Rosenberg advised that the Century Plan had been designed as a guiding force and was amended 10 years ago to require comprehensive planning. He explained that there are currently 14 different plan areas covered in the Century Plan and that the future elements to be reviewed and adopted were historic preservation and urban design. He reminded Council that citizens had been appointed by the Council as a working group to bring a consensus Minutes of Council Meeting/August 27; 1996 Page 2 of 10 Pages of opinion for public review and for Council approval. There were no further comments. The Public Hearing closed at 7:08 p.m. K Public Hearing on the 1996/97 Annual Operating Plan as proposed by the City Manager - - Susan Morgan Morgan noted that the Council had been given an overview of the $66.9 million operating plan at the Budget Workshop on Monday. She explained that this year's total was a 16% increase over the previous year. She noted that the bulk of the City revenues are derived from utility operations, and then expensed out to purchase power from LCRA and to make capital improvements --this year in the amount of $2.7 million, for street, water, wastewater, and electric projects. She explained that there would be no base rate increases with the exception of a water conservation rate for high usage residential customers. She noted that the City would be purchasing an additional 10,000 acre/feet of water from Lake Stillhouse Hollow through the Brazos River Authority. She also noted that this budget included the implementation of the Customer Choice and Control Program for the electric system; four additional firefighters; a fire/ems station at Sun City; three additional police patrol officers; a K-9 officer and dog; new public safety computer system; $48,000 worth of improvements at the Library; parking lot and restroom renovations at the parks; a parks maintenance worker for the downtown square; no rate increase for garbage collection, (implementation of a fee at the collection station), a new development review process; initial funding for Georgetown's 150th Birthday Celebration; money to start renovating the "shotgun" house next to the Library; and annual funding for various social service agencies (including $70,000 to the newly - formed Georgetown Project). She added that there would be a 1.1 cent increase on the tax rate to fund the street projects and to add employees in fire, police, and at the Library. Arroyos asked to see a graph of gro-,vth projections. Morgan displayed comparisons of building permits and development activities, increased electric and water customers, and resource allocations to transportation in order to move traffic more expeditiously. Wood commended the City staff for the proposed operations at no increase to the citizens. An unknown lady in the audience asked for an increase in the number of soccer fields. Hart noted that more soccer fields were planned for the next fiscal year, near the Community Owned Utilities Compound. An unknown man in the audience asked if the growth reflected on the graphs included the areas where annexation has occurred. Morgan confirmed that the graphs did include Minutes of Council Meeting/August 27, 1996 Page 3 of 10 Pages the annexed areas, and that the new city services are provided sometimes a year before any revenue is received through taxes. An unknown man in the audience complained about the development process backlog. Wood asked Hart to update the audience on the Redesign Process. Hart explained the proposed core teams and triage effort to be used for development process reviews. An unknown man in the audience asked if the Century Plan included annexation plans. Hart explained that the Century Plan provides the procedure for annexation, and the Council determines the priorities for land to be annexed. The Public Hearing was closed at 7:25 p.m. Statutory Consent Agenda L Consideration of approval of meeting minutes for regular meeting of August 13, 1996, and the special meeting of August 19, 1996 -- Sandra Lee M Consideration of award of bid for emulsion HFRS 2P to Koch Materials Company in the estimated amount of $37,124.00 -- Terry Jones and Jim Briggs Davis asked and was told that only two vendors responded to the request for bids. Briggs explained that many of the vendors don't feel they need to respond to bid requests because of the current excess of projects available in the area. N Consideration of award of bid for janitorial services to BergRan Services d.b.a. ServiceMaster in the amount of $73,884.00 -- Terry Jones and Susan Morgan O Consideration of approval of an agreement with the Georgetown Independent School District providing for the assessment and collection of property taxes for 1996/97 -- Susan Morgan P Consideration of approval to reimburse the Del Webb Corporation in the amount of $24,011.00 for upsizing and extension of the water main along R.M. 2338 -- Jim Briggs Q Consideration of approval of a resolution to accept as complete the force main sewer and irrigation transmission lines to serve the Sun City Georgetown Project, in accordance with the Texas Water Development Board (TWDB) requirements regarding projects funded by state revolving funds (SRF) -- Jim Briggs R Consideration of authorizing City staff to engage Arthur Anderson and Company to conduct an economic benefit analysis with payment from the Council Contingency Fund in an amount not to exceed $20,000 -- Bob Hart Minutes of Council Meeting/August 27, 1996 Page 4 of 10 Pages S Consideration of authorizing City staff to engage Strasburger and Price for legal services with payment from the Council Contingency Fund in an amount not to exceed $20,000 -- Bob Hart T Consideration of authorizing City staff to engage Alexander Utility Engineering for PCS/telecommunications evaluation with payment from Council Contingency Fund -- Murray Blackman U Consideration of a Variance to the Subdivision Regulations for Berry Creek Subdivision, Section Nine, Phase Three, Block A. Lot 29, located at 30411 La Quinta Drive -- Hildy Kingma and Ed Barry Bain asked about the lot behind the golf course. Kingma replied that it had been divided and sold by developers and that a large setback was not necessary. V Consideration of a resolution to authorize an Abandonment of a portion of a drainage and access easement located along the rear (south) property line of Lot 29, Block A, Phase Three, Section Nine, Berry Creek Subdivision, located at 30411 La Quinta Drive -- Hildy Kingma and Ed Barry W Consideration of a Variance to the Subdivision Regulations for the Resubdivision of Riverview Estates, Block G, Lot 13, located at 301 Riverview Drive -- Hildy Kingma and Ed Barry Bain asked if all the lots that back up to the subject lot would be regarded in the same way. Kingma replied that the garden lots could be used to figure impervious cover. X Consideration of a resolution to authorize a License to Encroach into the platted drainage easement located along the west property line and a portion of the north and south property lines of Lot 15, Block C, Section 1, Parkview Estates, located at 105 Pecan Vista Lane -- Hildy Kingma and Ed Barry Bain asked about the encroachment of a fence in the drainage easement. Briggs said that the fence would be constructed in an area that could be fenced and still function without changing the drainage characteristics. Y Consideration of a resolution to authorize a License to Encroach into the public utility easement along the west side property line to within four (4) feet of the electrical equipment of Berry Creek, Section One, Block E, Lot 8, located at 30104 Oakmont Drive -- Hildy Kingma and Ed Barry Minutes of Council Meeting/August 27, 1996 Page 5 of 10 Pages Z Consideration of a Short Form Final Plat of a 9.717 acre tract in the William Addison Survey to be known as Sterling House Georgetown, located on State Highway 29 East; and variances to the Subdivision Regulations -- Hildy Kingma and Ed Barry AA Consideration of a Variance to the Subdivision Regulations for Sun City Georgetown, Phase One, the Amended Plat of Neighborhood Two, Lot 14, located at 127 Crystal Springs Drive -- Hildy Kingma and Ed Barry BB Consideration of a Resolution to authorize a License to Encroach into the water line easement located on Tract A of Sun City Georgetown, Neighborhood Ten -A, located on Williams Drive, south of Del Webb Boulevard -- Hildy Kingma and Ed Barry Motion by Vincent, second by Tonn to approve the Consent Agenda in its entirety. Approved 7- 0. Legislative Regular Agenda CC First 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 -- Hildy Kingma and Ed Barry Kingma explained that the two subject lots had been annexed in December, 1995, and at that time the zoning was automatically designated as RS. She explained that the area was then replatted to show the two lots as commercial, which caused a conflict in zoning. She said that the agenda item is a request to rezone to C-1, local commercial, permitting general retail use --not warehouses, industrial, or sale of large equipment. She said that because these two lots are located at the intersection of D.B. Wood Road and Highway 29, (two arterials), this rezoning is consistent with good planning principals. She said that the staff recommends C-1 because the lots are not suitable for residential purposes. She advised Council that the Planning and Zoning Commission had voted to deny the requested rezoning. Kingma read the ordinance. John Warden, representing the applicant, asked to give opening remarks and asked for a chance to respond to negative comments. Arroyos suggested that the registered citizens should be allowed to respond in rebuttal also. Warden told Council that the Century Plan indicates Intensity 5 for the area of the two lots. He also pointed out that the Century Plan policy statements promote commercial locations at arterial intersections. He said the plat designates the two lots as commercial, and the covenants of Wood Ranch expressly exempt the two lots. He pointed out that Minutes of Council Meeting/August 27, 1996 Page 6 of 10 Pages there were a number of properties on Highway 29 that had already been rezoned to commercial. He requested to be able to respond to any voiced opposition. Ercel Brashear of 624 S. Austin Avenue, stated that he had no vested interest in what happens on the two subject properties, but several issues involving this rezoning impact his business as a commercial property broker. He asked Council to be aware that the decision made tonight would impact property in other parts of town as well. Wood stated that he would allow each of the next nine speakers to speak for six minutes each, due to an arrangement previously made with Ms. Joan Harris of 316 Rio Bravo Road. Sam Gonzales of 211 Rio Bravo Road asked the Council to consider the requests of the speakers who opposed the rezoning and asked all of the people in the audience who were opposed to the rezoning to stand so that Council could see the representation. Mary Pepper of 361 Logan Ranch Road stated that she does not live in the Wood Ranch area, but had experience dealing with City staff, telling Council that pipes were placed across her property to facilitate Sun City. Denise Valenta of 213 Rio Bravo Road, representing herself and Annette Coe of 102 Cedar Branch, Craig Davidson of 106 D. B. Wood Road, and Joaquin Palacio of 106 Rio Bravo Road, gave a history on how Wood Ranch was created. She questioned why the developer waited ten years to ask for rezoning. She claimed that she and her neighbors had no idea that commercial lots were ever planned for the neighborhood. She displayed a diagram of the Wood Ranch area. She spoke of traffic concerns, and said she feels that the developers misrepresented the purpose planned for the lots. Cissy Broyles of 309 Rio Bravo Road, representing herself and Karen Halay of 303 Rio Bravo Road, Doug Coe of 102 Cedar Branch, Kathleen Davidson of 106 D. B. Wood Road, and the Wood Ranch Homeowners' Association, said she didn't feel further commercial development was needed in the community. She said there were four gas stations within five minutes of their subdivision, and said she disagreed that D. B. Wood Road is designated as an arterial. Frances Palacio of 106 Rio Bravo Road, representing herself and Elaine McLeod of 303 Cassidy Drive, Mary Morgan of 308 Rio Bravo Road, and Frank Hatay of 303 Rio Bravo Road, shared her concern for the impact of commercial development on the nearby community. She spoke of heavy, high-speed gravel truck traffic on Highway 29. She said she felt the Council was obligated to account for the safety of the residents in the area, and asked them to therefore deny the request to rezone. Minutes of Council Meeting/August 27, 1996 Page 7 of 10 Pages Pastor Keith Cain of the Church of Christ, representing Mary Lewis of 209 Rio Bravo Road, John McLeod of 303 Cassidy Drive, and Joe Hayman of 309 Cassidy Drive, said he was also speaking on behalf of his congregation. He noted that when the First Baptist Church and the Church of Christ contracted for the purchase of their respective properties, they wrote into the sales contract that in the event any commercial development were planned for that area, the two churches would have the first right of refusal to purchase the land in between the two churches. He also stated that his church had appealed to the Texas Department of Transportation about lowering the speed limit on Highway 29 but had not received any assistance from them. He said "such a business," as he expected to use the lots if rezoned commercial, should not be allowed across from churches. Jimmy Kerrick of 228 W. Legend Oaks spoke regarding the suitability of the subject lots as sites for homes. He spoke of at least three residential properties that "back up" to Highway 29. Don Barker of Wood Court, representing Susan Garotte of 207 Rio Bravo Road, David Wright of 600 Luther Drive, and Donna Shaw of 212 Cassidy, said he represented Benchmark Homes. He called the rezoning an example of "spot" zoning, which has been successfully challenged in court. He spoke of owning a home that would adjoin one of the two lots that would be rezoned commercial, and that the commercial lots would negatively affect the value of the residential lots. Larry Morgan of 308 Rio Bravo Road, representing Vernon Harris of 316 Rio Bravo Road, Jim Lewis of 209 Rio Bravo Road, Melody Webb of 211 Cassidy Drive, and Joan Harris of 316 Rio Bravo Road, called the City Manager and staff "overzealous" in dealing with this issue. He said he didn't think the rezoning to commercial designation would be in the best interest of the City. He asked for equal time if Warden or the developers made rebuttal comments. Wood thanked the speakers for honoring the timeframe. He said he would allow a three- minute rebuttal from each side. Warden had no additional comments. Arroyos said the Council was trying very hard to work on this issue and be fair, and told the audience that the Council would speak to this issue from an "ownership" standpoint. Motion by Arroyos, second by Davis to approve the ordinance on first reading. Approved 7-0. Minutes of Council Meeting/August 27, 1996 Page 8 of 10 Pages DD Consideration of a Plat Addendum of Amended Wood Ranch, Section Five; located at the intersection of State Highway 29 and D. B. Wood Road -- Hildy Kingma and Ed Barry Motion by Hoyt, second by Arroyos to approve the plat addendum. Approved 7-0. EE First Reading of an ordinance amending the Zoning Ordinance to establish standards for manufactured home park development -- Clyde von Rosenberg and Ed Barry This item was pulled from the agenda. FF First Reading of an ordinance amending the Subdivision Regulations to establish standards for manufactured home park development -- Clyde von Rosenberg and Ed Barry This item was pulled from the agenda. GG Second Reading of an Ordinance to Rezone property to be known as Lots 9 and 10, River Oaks IH35 Business Park, a Resubdivision of River Oaks of Georgetown Office Park, located on the east IH35 frontage road north of SH29, from C -2A, Commercial First Height - Restricted, to C -2A, Commercial First Height - Restricted to Permit Multifamily Uses, or any more restrictive district -- Hildy Kingma and Ed Barry Kingma read the caption on second reading and explained that this rezoning would not actually take place until the plat was recorded, but because of a pending sale, it was requested that the rezoning ordinance go forward and not take effect until the plat is recorded. Motion by Hoyt, second by Bain to approve Ordinance 96-34 on second reading. Approved 7-0. HH Second Reading of an Ordinance to Rezone the West University Professional Center, From RS, Residential Single Family to C-1, Local Commercial, or any more restrictive district, located at 950 West University Avenue -- Hildy Kingma and Ed Barry Kingma read the caption on second reading. approve Ordinance 96-35 on second reading. Motion by Tonn, second by Burson to Approved 7-0. II Second Reading of an Ordinance amending Section 10. 12.090 of the Code of Ordinances relating to the speed limit for Del Webb Boulevard -- Marianne Banks Banks read the caption and a paragraph that was added by the Council at the first reading. Motion by Bain, second by Vincent to approve Ordinance 96-36 on second reading. Approved 7-0. Minutes of Council Meeting/August 27, 1996 Page 9 of 10 Pages JJ Consideration of approval of a resolution indicating intent to annex, setting of the public hearings, and adoption of the service plans for the annexation of: (1) approximately 1,056 acres in the William Roberts, John Berry, and David Wright Surveys, locally known as Berry Creek Subdivision - Sections 1-11, golf course, and future development areas; the 68.93 acre J. W. Bishop Estate tract, the 8 acre Sybert Subdivision, the 16.76 acre Braun tract, the 41.29 acre Chamberlin tract, the 4 acre Mascus Subdivision, the 14.34 acre Carothers tract, the 1.255 acre Catron tract, the 1 acre tract known as deed number 1969/115, the 59.06 acre Wood Road Properties tract, the 11.5 acre Certified Federal Savings Association tract, the 2.56 acre Ray Beneat tract, the 9.041 Buchhorn tract, the .58 acre Embree tract, the 1.37 acre 190-195 Joint Venture tract, the 100.42 acre Vogler tract, the 42.74 acre Sybert tract, the 32.32 acre Bobby G. Stanton tract, and the Creek Side Subdivision; and (2) approximately 95 acres in the David Wright Survey, locally known as Crystal Knoll Terrace Planned Unit Development, Units 1-2 and future development area -- Clyde von Rosenberg and Ed Barry von Rosenberg displayed a map showing the proposed areas to be annexed. He noted that the resolution included the service plans and the dates of the proposed public hearings. Gregory Burtner of 30404 La Quinta Drive, spoke in opposition to the annexation of the Berry Creek Subdivision saying that he didn't see that Berry Creek would be benefited by the annexation. He said he moved from Austin to get away from a big city and complained that the City of Georgetown would get a higher tax base by annexing Berry Creek. Vincent said that annexation was necessary in order to be able to provide the Berry Creek Subdivision with the proper police and fire services. Motion by Vincent, second by Bain to approve the resolution. Approved 7-0. Wood asked if there were any further comments from staff, and Hart noted that the deadline for registration for the TML Region X Meeting in Lakeway would be the next day, and asked if anyone from the Council planned to attend. Wood and Tonn indicated their desire to attend. Wood thanked everyone for their patience during this meeting. The meeting was adjourned at 8:52 p.m. Approved: Attest: r r ='L4 w.. Leo Wood, Mayor Sandra D. Lee, City Secretary Minutes of Council Meeting/August 27, 1996 Page 10 of 10 Pages