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