HomeMy WebLinkAboutMIN 05.27.1997 CC-W&Rt ' i
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
Charlie Barton
Charles "Hors" Burson
Shelley Pierre Davis
Susan Hoyt
Ferd Tann
Shorty Valdez
Staff Present:
Bob Hart, City Manager
Marianne Banks, City Attorney
Sandra Lee, City Secretary
Susan Morgan, Dir.of Finance & Admin.
Teresa Hersh, Dir.of Emp.& Organizational Svcs
Elizabeth Gray, Dir.of Information Services
Ed Barry, Dir.of Development Services
Anthony Lincoln, Acting Fire Chief
Randy Morrow, Director of Parks & Recreation
Council Absent:
None
Murray Blackman, Asst. to City Mgr.
Terry Jones, Purchasing Agent
Micki Rundell, Accounting Director
Laurie Brewer, Senior Accountant
Hildy Kingma, Chief/Current Planning
Clyde von Rosenber,Chief/Long Range Planning
Wendy Walsh, Senior Planner
Vickie Robinson, Records Manager
Policy Development/Review Workshop - Call to order at 5:00 p.m.
A Mid -Year Budget Report for Fiscal Year 1996-1997 - Bob Hart
Hart gave an overview of the activities in the 14 policy areas of the Budget. Morgan
gave the financial report on the various funds recommending action regarding grants,
staffing adjustments, timing adjustments, land purchases, and Council Contingency
requests.
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)
City Council Meeting Minutes/May 27, 1997
Page 1 of 11 Pages
Item M - Barton asked for clarification
Item K - was pulled for the Regular Agenda
Item X - Bain suggested looking at all of the contractual arrangements with the County to
determine the current financial status
Regular Session - Called to order at 6:49 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 See. 551.075 conference with employee
Regular Session - Resumed at 7:36 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
Hart asked Council about riding in the Rodeo Parade, saying that the Mayor will be the
Grand Marshal this year.
Hoyt thanked the City for their help with Project Graduation.
Wood invited everyone to the Main Street Award Celebration on Saturday, May 31, on
the downtown square from 5:00 - 7:00 p.m. and noted that Texas First Lady Laura Bush
would be the keynote speaker. He announced that this was the first time a Texas city had
won the award.
Davis told Council that Billie Schultz of Nations Bank has invited the Council to the
Grand Opening of the Albertson's Store tomorrow morning at 8:00 a.m.
a Presentation by Del Webb Corporation on behalf of baseball fields in Georgetown
Larry Michaels, CEO of Sun City, presented the third installment of $10,000 to
Mayor Wood for baseball fields in Georgetown.
City Council Meeting Minutes/May 27, 1997
Page 2 of 11 Pages
Wood noted that Senators Ogden and Wentworth had sent their congratulations for the
Main Street Award, and that Representative Krusee and Senator Ogden presented
concurrent resolutions in the Texas House and Senate to honor Georgetown for the Main
Street Award.
Proclamation for Jazz Month
Wood read the proclamation.
H Citizens wishing to address the Council
Gus Neitsch presented a package of information regarding his request for a softball
complex to each Councilmember.
Statutory Consent Agenda
I Consideration of approving the minutes for the Special Meeting of Tuesday, May 6,
1997, and the Regular Meeting of Tuesday, May 13, 1997 -- Sandra Lee (Bain asked to
strike a statement from the minutes of May 13.)
J Consideration of a Short Form Final Plat of the Saaverda Subdivision, a 0.356 tract out
of Outlot 2, Division A, and a 0.242 acre tract out of Outlot 22, Division A, of the City
of Georgetown, located on Forest Street and 16th Street; and Variances to the
Subdivision Regulations -- Hildy Kingma and Ed Barry
K Consideration of a Short Form Final Plat of a Resubdivision of Chaparro Estates, Lot 8
and a 0.26 acre tract in the George Thompson and R.T. Jenkins Surveys, to be known as
Warnock Estates, located on Sedro Trail, with Variances to the Subdivision Regulations -
- Hildy Kingma and Ed Barry (pulled by Bain)
L Consideration of a Revised preliminary Plat of a 9.50 acre tract in the Nicholas Porter
Survey to be known as 2338 Plaza, located on Williams Drive, Park Meadow Boulevard
and Dawn Drive -- Hildy Kingma and Ed Barry
M Consideration of a Detailed Development Plan of a 9.50 acre tract in the Nicholas Porter
Survey, to be known as 2338 Plaza, Block 1., Lots 1, 2, and 3, located on Williams Drive,
Park Meadow Boulevard and Dawn Drive -- Hildy Kingma and Ed Barry
N Consideration of a Detailed Development Plan of Heritage Baptist Subdivision, with
Variances to the Subdivision Regulations, located along FM971 and CRI 52 -- Hildy
Kingma and Ed Barry
City Council Meeting Minutes/May 27, 1997
Page 3 of 11 Pages
O Consideration of a Preliminary Plat of a 3.985 acre tract in the William Addison Survey,
to be known as Devonshire Farms Commercial - Section One, located north of State
Highway 29 East and west of Georgetown Inner Loop -- Hildy Kingma and Ed Barry
P Consideration of a Preliminary Plat of 8.259 acres, including a 0.43 acre tract out of an
unnumbered lot in the Nolen Addition, an addition out of Outlot 10, Division B of the
City of Georgetown, and a 4.949 acre tract out of Outlot 8, Division B of the City of
Georgetown, and a 2.02 acre tract out of the William Addison Survey, to be known as
East 19th Street at Hutto Road, located on East 19th Street, Vine Street and Hutto Road -
- Hildy Kingma and Ed Barry
Q Consideration of a resolution to authorize a License to Encroach into a portion of the
public utility easement for Reata Trails, Unit IV, Block K, Lot 1, located within the
platted entry feature easement on the east side of Northwest Boulevard -- Hildy Kingma
and Ed Barry
R Consideration of authorizing the City Manager to execute closing documents on the sale
of a lot in Georgetown Technology Park on behalf of Advanced Cable Systems and
authorizing the payment of the proceeds to Advanced Cable Systems -- Bob Hart
S Consideration of an award of bid to Alpha Painting & Decorating Co., Inc. in the
amount of $120,882.00 for the Painting and Special Coating portion of the construction
of the Xycarb/Schunk facility -- Bob Hart
T Consideration of approval of Change Order #1 in the amount of $25,019.80 to the
contract with Rogers Construction Company for the site work to be done for the
Xycarb Ceramics /S chunk Quartz facility -- Bob Hart (Bain abstained)
U Consideration of approval of an agreement between the City of Georgetown and
Roming-Parker Associates to develop the scope of services required to develop
construction plans, specifications, and contract documents for the Park Lane/McCoy
Street project in the amount of $38,750.00 -- Don Rundell and Jim Briggs
V Consideration of approval of Amendment No. 33 to the contract between the City of
Georgetown and Camp, Dresser, & McKee to design two wastewater lines, in the amount
of $28,900.00 -- Dan Wallace and Jim Briggs
W Consideration of the award of a bid for printing of the City of Georgetown Convention
and Visitor's Bureau Brochures in the estimated amount of $16,392.00 -- Terry Jones
and Bob Hart
City Council Meeting Minutes/May 27. 1997
Page 4 of 11 Pages
X Consideration of approval of a contract with Williamson County in the amount of
$61,451.00 for rural fire protection services -- Anthony Lincoln
Motion by Hoyt, second by Valdez to approve the Consent Agenda with the exception of Item K
and the correction to the minutes of the May 13, 1977 Meeting. Approved 7-0.
Legislative Regular Agenda
K Consideration of a Short Form Final Plat of a Resubdivision of Chaparro Estates, Lot 8
and a 0.26 acre tract in the George Thompson and R.T. Jenkins Surveys, to be known as
Warnock Estates, located on Sedro Trail, with Variances to the Subdivision Regulations -
- Hildy Kingma and Ed Barry (pulled by Bain)
Barry explained that due to the new Implementation Procedures, Wendy Walsh would
address the Council regarding this issue. Bain asked about the requirement on the
waterline and was told they were asked to provide an 8 -inch line to provide for adequate
fireflow. Don Bizzell, representing the owner of the property, explained that the
extension of the 8 -inch line would be a financial hardship for the owner, estimated to be
a cost of approximately $50,000. He noted that the property is in the Chisholm Trail
Special Utility District service area, and a valve would need to be installed to keep it
capped to prevent backflow into the Georgetown service line. He said the owner
proposed to install a dryline extension. Hart said there were some possible service
delivery options, and asked Kingma to explain. Kingma explained that because the
property is within the City Limits, a higher expectation of fireflow is demanded due to
the possible effect on the City's I. S.O. rating. Hart suggested a delay to work out the
details.
Motion by Bain, second by Tonn to table this item until the second meeting in June.
Approved 7-0.
Y Second Reading of an Ordinance to Rezone Churchill Farms Section Four from A
Agricultural to RS, Residential Single Family, and C-1, Local Commercial, or any more
restrictive district -- Hildy Kingma and Ed Barry
Kingma
read the caption
on second reading.
Motion by Valdez, second by Tonn to
approve
Ordinance 97-23
on second reading.
Approved 7-0.
Z Second Reading of an Ordinance to rezone 52.4 acres in the William Roberts Survey
(excluding that portion known as Tract 1), formerly known as a portion of Berry Creek
Subdivision, Section Five, and a Resubdivision of the Sybert Subdivision, to be known
as Berry Creek, Section Five, from A, Agricultural to RS, Residential Single Family, and
RP, Residential Planned, or any more restrictive districts, located on SH195 and east of
the existing Berry Creek development -- Hildy Kingma and Ed Barry
City Council Meeting Mitrutes/May 27, 1997
Page 5 of l l Pages
Kingma read the caption on second reading. Motion by Barton, second by Valdez to
approve Ordinance 97-24 on second reading. Approved 7-0.
AA Second Reading of an Ordinance amending Exhibit 1 of the Century Plan - Development
Plan for a 38 acre portion of 52.4 acres in the William Roberts Survey, formerly known
as a portion of the Berry Creek Subdivision, Section Five, from Intensity Level Three to
Intensity Level Four, to be known as Berry Creek, Section Five, located between SH195
and the existing Berry Creek development -- Hildy Kingma and Ed Barry
Clyde von Rosenberg noted that Tract 1 had been excluded in this reading as it was on
First Reading. He read the caption on second reading. Motion by Tonn, second by Davis
to approve Ordinance 97-25 on second reading. Approved 7-0.
BB Second Reading of an ordinance amending the Subdivision Regulations to change the
procedures for platting and developing land -- Clyde von Rosenberg and Ed Barry
von Rosenberg noted that there had been several technical changes which were
highlighted in the packet information. He read the caption on second reading. Motion
by Bain, second by Valdez to approve Ordinance 97-26 on second reading. Approved 7-
0.
8:05 p.m. recess - resumed at 8:28 p.m.
CC Consideration of a Final Plat of a Resubdivision of San Gabriel Heights, Section Three,
Block H. Lots 8 - 11 and Section Five, Block B. Lots 21-23, and 19.92 acres in the
Clement Stubblefield Survey, to be known as San Gabriel Heights, Section Six, located
on Innwood Drive and San Gabriel Overlook, and Variances to the Subdivision
Regulations -- Hildy Kingma and Ed Barry
Kingma noted that this plat includes an unplatted parcel as well as several platted lots,
saying that several of the existing platted lots would be enlarged in size with the
resubdivision. She said the owner is requesting two variances, and that the significant
issue with which to be dealt is access to the river land. She noted that staff had
incorrectly posted this item for the Planning and Zoning Meeting so it will have to be
handled at the next Planning and Zoning Meeting, addressing only those areas being
replatted. She noted that the Planning and Zoning Commission recommended approval
of the final plat and approval of the variances, conditioned on the rezoning being
approved.
Kathryn Stallard, 403 Innwood, told Council that she is a volunteer river monitor and
accesses the river through this site. She asked Council to provide a public access
easement (foot path) at the edges of Lots 1 and 2, with controlled parking, saying this
City Council Meeting Minutes/May 27, 1997
Page 6 of 11 Pages
would be the only means of accessing the proposed hike and bike trail to be constructed
on the other side of the river. She noted that this neighborhood has no parks. She said
homes were bought with the knowledge that there would be river access.
David Blackmore, 401 Deepwood, asked Council for access to this area that has been
used for years as a recreation area in the neighborhood.
Deborah Todd and daughter, Emily, 307 Deepwood Drive, spoke of using the river
access as a way to teach children about nature.
Ann Starr Brown, 117 Randolph Road, spoke against any public access on private
property, saying that the owner has the right not to have the intrusion of public crossing
near their home, saying she had witnessed teenagers in that area when they should have
been in school.
Steve Perry, 406 Deepwood, told Council that the river access means a lot to his children
and other children in the area.
Bret Barton, 408 Deepwood, told Council of his daughter's love of the river area. He
said he bought his home with the understanding that the area was a greenbelt, and he
thought the 20 acres had been set aside for a park.
Burson asked if the area had ever been designated for a park. Kingma said that on a plat
for San Gabriel V. there was a note that said "proposed river access." She said it was not
dedicated as parkland.
Stallard said she had been told by a former resident that the land was to have been given
to the City, but the City at that time did not have a parks department.
James Morgan, 505 Innwood said he owns the lot closest to where the access would be
and there has been a reasonable expectation for a long time that this access would always
be available.
Danny Meigs, 409 Innwood Circle, said the major consideration for the house he bought
was for the access to the river.
Peter Davidson, 407 Innwood, said the river access is important to him. He distributed to
Council an article that he and his sister had written for a neighborhood newspaper about
the area known as "Paradise."
Mary
Ellen Kersh said she
sympathizes with
the homeowners who assumed that
the
area
was a
greenbelt. She said
she thinks the developer
encouraged people to use it.
She
told
City Council Meeting Minutes/May 27. 1997
Page 7 of 11 Pages
Council there is an extensive police activity sheet on attempting to maintain it as private
property. She said the City was never interested in having ownership of the property,
and a number of the adjoining neighbors were not interested in the area becoming a park.
She noted that there is another parcel in the area that is listed at $65,000 and could be
purchased to be used for public access.
Leslie Rosenstein, 412 Deepwood, said she had attended a neighborhood meeting where
they determined that a city parking ordinance could be enacted to control the parking for
the people using the foot path. She said she is concerned about the number of children
playing in the street because there is no park in the area. She asked everyone in the
audience who had come out for this purpose to stand.
Barton Levy, 106 Ridgewood Drive, first president of the River Ridge Homeowners
Association, said that years ago, he was in a discussion with other homeowners in the
area to allow greenbelt access to the river.
Burson asked and was told that anyone in town would be able to use the path.
Councilmember Barton asked if anyone had determined the cost of the desired foot path.
Stallard answered that she thinks the City should provide at least the foot path, if not a
park to the neighborhood.
Rusty Winkstern, owner of the property in question, said he knows the people have
ignored the private property signs for years. He said he would be willing to allow access
for a footpath at the edge of his property, but not through his property. He said he is
concerned for the liability of people walking through his property to access the river.
Valdez asked Winkstern if he would be willing to delay the ruling on the variance.
Winkstern said he didn't think the variance issue had anything to do with the river access
issue.
Bain asked Banks to address the City's possible obligation. Banks explained there is no
parkland dedication required due to the size of the property.
Bret Barton from the audience, asked if there were a trail existing for years, could the
public be denied access to the trail. Banks explained that a precedent has not been
established in this case.
Hoyt asked Kingma to go over the variances. Kingma explained that the front property
lines were about 10 feet too short. She also explained that the current ordinance requires
larger setbacks so any new structures would need to adhere to the current setback
requirements.
City Council Meeting Minutes/May 27, 1997
Page 8 of 11 Pages
Motion by Hoyt, second by Valdez to deny both variances. Bain asked what effect
denying the variances would have on the item. Kingma said it would deny the platting of
the property for the two lots. Approved 6 - 1. (Burson opposed)
Banks noted that without specifically stating that the plat was denied, the Subdivision
Regulations allow that it would be automatically approved. Motion by Hoyt, second by
Valdez to deny the plat also. Approved 6-1. (Burson opposed)
DD Consideration of approval of a detailed development plan for a proposed manufactured
home community to be located at 61455 Westinghouse Road, to be known as Windmill
Hill -- Bob Hart
Barry brought Council forward on the negotiations regarding this property, noting that
there was a proposal on the property in the 1980's, and that the property owner chose not
to participate in the wastewater extension constructed in the early 1990's. Hart reminded
Council of their governance discussion and the wastewater issue. He listed fourteen
items to be included in the detailed development plan (as listed on the agenda item cover
sheet).
Mike Yoemans of Benderson Development Company told Council that they are a family-
owned development company from Buffalo, New York, saying they own and operate
millions of square feet of development throughout the country. He said their company
philosophy is to become a part of the community, saying they still operate the properties
they have developed.
Mr. Bill Nash, managing partner for Nash Ranch, said they don't want the development,
and that he had not heard any public support. He said the developer had admitted buying
the wrong piece of property.
Bain asked when the study would be complete on the wastewater capacity. Barry said he
thought it would be complete in October. Bain asked and was told that the development
meets all of the ordinance specifications. Bain asked what would happen if the developer
were not able to reach an agreement with the County regarding load limits for
Westinghouse Road. Barry explained that if the conditions were not met, the project
would not be viable. Hart said, because it was one of the 14 issues, if it were not met, the
project could not be approved.
Yoemans
explained that they had
not only
met the
ordinance
requirements, but exceeded
them, saying,
for example there are
many
lots that
are 7000 -
8500 square feet.
Greg Hall asked Council to be aware that these homes are more "rental" in nature not
really the answer to affordable housing. He also asked them to keep in mind how the
City Council Meeting Minutes/May 27, 1997
Page 9 of 11 Pages
manufactured housing development would effect the surrounding areas. He asked
Council to consider this type of development in other areas of Georgetown in an
organized manner.
Gerry Anderson asked how the City could plan for future road development when the
City does not control Westinghouse Road. Barry explained that because the development
is in the City's extraterritorial jurisdiction, the possibility of road widening is taken into
consideration. Anderson said he thought Williamson County should be considered
regarding the road development and was assured that County Engineer Joe England has
been consulted regarding this project.
Yoemans was asked if he had a problem with voluntary annexation, and he said he did
not. Hart suggested voluntary annexation be added as a 15th condition for the detailed
development plan.
Motion by Bain, second by Davis to approve the detailed development plan with the 14
provisions set out in the agenda item cover sheet and a 15th provision that the
development would agree to voluntary annexation. Approved 7-0.
EE Consideration of a resolution granting a petition for the annexation into the City of
approximately 39.7 acres in the Antonio Flores Survey, owned by the Georgetown
Independent School District and located along Business I1-135 and CRI 51 -- Clyde von
Rosenberg and Ed Barry
von Rosenberg told Council that this area is located just north of the high school and
contains the bus barn and the 9th grade center currently under construction. He read the
resolution and the caption only of the ordinance on first reading after having satisfied the
requirements of the Charter. Motion by Tonn, second by Barton to approve the
resolution. Approved 7-0.
FF First Reading of an ordinance providing for the annexation into the City of
approximately 39.7 acres in the Antonio Flores Survey owned by the Georgetown
Independent School District and located along Business IH35 and CR151 -- Clyde von
Rosenberg and Ed Barry
Motion by Torn, second by Burson to approve the ordinance on first reading. Approved
7-0.
GG First Reading of a Records Management Ordinance to amend the current ordinance to
update definitions, destruction policy and procedures, and revise the Records
Management Officer and Records Management Committee designations and duties --
Vicki Robinson and Elizabeth Gray
City Council Meeting Minutes/May 27, 1997
Page 10 of 11 Pages
Robinson told Council that this ordinance was originally adopted to bring the City into
compliance with the State Records Laws of 1989, and that the primary reason for
amending this ordinance is to bring it up to date. Robinson read the ordinance in its
entirety. Motion by Bain, second by Hoyt to approve the ordinance on first reading.
Approved 7-0.
HH Consideration of a resolution declaring the Municipality of Chitungwiza as a Sister City
to Georgetown -- Bob Hart
Hart read the resolution. Motion by Davis, second by Valdez to approve the resolution.
Approved 7-0.
II Consideration of approval to appoint Mayor Leo Wood as the City of Georgetown
Representative to CAPCO - Bob Hart
Wood turned the dais over to Mayor Pro Tem Tonn to handle this item. Motion by Bain,
second by Hoyt to approve the appointment. Approved 7-0.
JJ Consideration of appointment of one member to the Council Compensation Committee --
Sandra Lee
Motion by Davis, second by Tonn to approve the appointment of Reginald Scott to
replace Rudy Williams. Approved 7-0.
KK Evaluation of meeting process
Hart noted that notebooks had been distributed for the Council Retreat, including an
article about general trends in society, governance policies, each of the fourteen
functional areas of the Century Plan, issues, current activities, executive limitations, and
previously adopted Council policies.
Yoemans thanked the Council for the approval of the Benderson development.
The meeting was adjourned at 10:37 p.m.
Approved: Attest:
tr ' Vii. IX fi
Leo Wed, Mayor
City Council Meeting Minutes/May 27, 1997
Page 11 of 11 Pages
Sandra D. Lee, City Secretary