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HomeMy WebLinkAboutMIN 02.25.1997 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: George Arroyos Lee Bain Charles "Ross" Burson Susan Hoyt Ferd Torn Dick Vincent Staff Present: Bob Hart, City Manager Sheree Rabe, Asst.. City Attorney Sandra D. Lee, City Secretary Jim Briggs, Dir.of Community -Owned Utilities Ed Barry, Dir. of Development Services, Hartley Sappington, Dir. of Community Svcs. Susan Morgan, Dir.of Finance & Admin. Bill Shanklin, Fire Chief Council Absent: Shelley Davis Murray Blackman, Asst.. to City Mgr.. Hildy Kingma, Chief Planner Wendy Walsh, Development Planner Wayne Braun, Fire Captain Micki Rundell, Accounting Director Laurie Brewer, Senior Accountant Policy Development/Review Workshop - Called to order at 5:10 p.m. A Discussion of the Comprehensive Annual Financial Report for Fiscal Year ended September 30, 1996 -- Susan Morgan Morgan introduced Don Ashmore of Davis, Kinard & Co. who commended the City Finance staff as being very thorough and efficient. Ashmore walked Council through the Comprehensive Annual Financial Report (CAFR) pointing out significant entries in the financial statements, and told Council that no areas of non-compliance were found. Ashmore stated the only recommendation from his firm to the Finance Division would be to add Service Efforts and Accomplishments (SEA) Reporting. Morgan pointed out the statistical information at the back of the CAFR, saying those statistics would help Council answer questions from their constituents. Bain asked about City Council Meeting Minutes/February 25, 1997 Page 1 of 11 Pages senior citizens. Morgan will gather information from the Appraisal District to show how adjustments might be made and how the effective tax rate might change. B Answer questions on Statutory Consent Agenda Items Item T - Hart wasn't able to finish this item and asked that Council approve the item subject to the approval of the City Manager and the City Attorney. Item M - Hoyt asked the criteria used for choosing the firms. Shanklin explained that the committee looked for a proven track record and willingness to work closely with City personnel. Mayor asked about the company associated with local architect, David Voelter, and Shanklin replied that the company associated with Voelter operates solely Florida and would be more difficult for local staff to contact. Regular Session - called to order at 6:00 p.m. Executive Session 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 7:08 p.m. F Mayor, Council, City Manager, and staff comments and reports ® March 4 Workshop - Hart reminded Council of the workshop on transportation issues starting at 5:00 p.m. next Tuesday at the Library Board Room. Hoyt commended Vincent and Hart about the Policy Governance Workshop presentation last week for TML Leadership Symposium. Wood welcomed the audience, and reminded Council that on Thursday morning, he and several members of the Chamber would be attending a workshop with the Texas Department of Transportation concerning MOKAN, at the Dewitt C. Greer Building in Austin at 9:00 a.m. Wood also announced that Georgetown is one of four finalists in the Main Street Program, and that the winner will be announced on April 27 in Portland, Oregon. He commended Molly Alexander and Bob Hart for making this happen. Proclamation - Crop Walk City Council Meeting Minutes/February 25, 1997 Page 2 of 11 Pages Wood recognized Connie Watson, Nancy Biggs, and Pastor Don Gurney and presented them with the Crop Walk'97 Proclamation. G Citizens wishing to address the Council William P. Mulock complained to Council again about the $16.50 charge on his water bill. Wood told him they would be discussing all of the utility charges in late May at the Council. Budget Retreat. H Action on Executive Session Items Motion by Hoyt, second by Bain to recommend that Georgetown 4B file a slander of title and slander of property suit against H K Partners. Approved 6-0. (Davis absent) Statutory Consent Agenda I Consideration of approving the minutes for the regular meeting of February 11, 1997 -- Sandra Lee J Consideration of purchasing a bucket truck from Teco, Inc. in the amount of $72,609.00 -- Terry Jones and Susan Morgan K Consideration of an award of bid for pad -mounted switchgear to Ward Electric in the amount of $18,700.00 -- Terry Jones and Susan Morgan L Consideration of an annual award of bid for 1" water meters and 1" water meter registers to the U. S. Filter in the estimated amount of $19,390.00 -- Terry Jones and Jim Briggs M Consideration of authorizing Brinkley Sargent Architects to conduct a needs assessment for a public safety facility -- Wayne Braun and Bill Shanklin N Consideration of approving Change Order No. 7 to the Reedholm Building Construction Contract in the amount of $2,297.13 -- Hartley Sappington - (Vincent abstained) O Consideration of Amendment No. 31 between the City of Georgetown and Camp, Dresser & McKee to design the Sun City Elevated Water Storage Tank for the amount of $54,500.00 -- Jim Briggs P Consideration of approval of a final payment for the independent economic benefit analysis relating to Power Computing, prepared by Arthur Andersen -- Susan Morgan and Bob Hart City Council Meeting Minutes/February 25; 1997 Page 3 of 11 Pages Q Consideration of approving Invoice 424912 from Flowers Construction for contract labor and assistance during the winter ice storm the week of January 7, 1997, in the amount of $301544.40 -- Leon Henderson and Jim Briggs R Consideration of declaring surplus equipment and authorizing staff to negotiate a contract for auctioneering services -- Terry Jones and Susan Morgan Hoyt asked if the list of items to be auctioned would be in the newspaper. Jones said there would be an advertisement, but no listing of the items for auction. When asked the date, Jones told Council it would be April 19. S Consideration of a resolution to authorize a License to Encroach over the five (5) foot wide water line easement and two (2) 5 by 10 foot fire hydrant easements extending through the eastern portion of Riveroaks Planned Unit Development, Amended, Lot 2, located at 1100 South IH -35 -- Hildy Kingma and Ed Barry T Consideration of authorizing the Mayor to execute a development agreement concerning Resource Commercial Park.. Bob Hart Arroyos suggested that the wording be added that this item is subject to the approval of the City Manager and City Attorney. U Consideration of a Final Plat of a 52.14 acre tract in the John Berry Survey, to be known as Resource Commercial Park, located on the east IH -3 5 frontage road, south of SHI 95 -- Hildy Kingma and Ed Barry Wood noted that Councilmember Vincent would abstain from voting on Item N. Motion by Tonn, second by Vincent to approve the Consent Agenda in its entirety. Approved 6-0. (Davis absent) Legislative Regular Agenda V Consideration of accepting the report of the independent audit of all accounts of the City, the report to management, and the single audit report for the Fiscal Year ended September 30, 1996 -- Michelle Rundell and Susan Morgan Morgan introduced Don Ashmore of Davis, Kinard & Co., Auditors, and having been the subject of the workshop earlier in the evening, asked if there were any questions from the Council. There were no further questions. Motion by Tonn, second by Hoyt to approve. Approved 6-0. W Second Reading of an ordinance to permit penalties to be charged for the incorrect installation of water meters -- Hildy Kingma and Ed Barry City Council Meeting Minutes/February 25, 1997 Page 4 of 11 Pages Kingma read the caption on second reading. Motion by Bain, second by Burson to approve Ordinance 97-10. Approved 6-0. X Second Reading of an ordinance to amend the Zoning Ordinance to establish standards for wireless communication facilities within Georgetown -- Murray Blackman, Wendy Walsh, and Sheree Rabe Blackman read the caption on second reading. Hoyt said she could tell that several towns on the way to Houston do not have tower ordinances, because they had obvious towers in their downtown area. Motion by Vincent, second by Hoyt to approve Ordinance 97-11. Approved 5-0. (Bain abstained) Vincent thanked the staff for their hard work on the ordinance. At this time, Wood recognized six scouts in the audience and presented them with City of Georgetown lapel pins. Y Emergency reading of an ordinance identifying the City's need to review and reassess the City's regulations for manufactured housing developments and suspending the receipt for review and approval of new applications for manufactured housing development projects within the jurisdiction of the City and its Extra Territorial Jurisdiction until the review of the City's manufactured housing development requirements are completed -- Emergency Reading -- Ed Barry Barry outlined the procedure being addressed, saying that this ordinance would apply to new applications only and read the ordinance. Wood called on the first citizen who had registered to speak. Wendall Corrigan, Attorney, representing Windmill Hill Mobile Home Park, asked for confirmation that this ordinance applied only to future applications, and asked that wording be included in the ordinance to that effect. Gregory Hall, Route 9, Box 109H, told Council that a development of the density of Windmill Hill would not be good for an area of such potential. He asked that the requirements to be added to the ordinance be similar to the ones to be upheld by developers of single-family residences. He requested that Council limit affordable housing to 1 to 2% of the total housing in Georgetown. Margaret Nash, 610 E. Chandler Road, applauded the Council in their efforts to provide affordable housing, but told Council that manufactured homes should have the same standards as all other houses in Georgetown. She also asked that Council limit affordable housing to 1 or 2% of the total housing in Georgetown. City Council Meeting Minutes/February 25, 1997 Page 5 of 11 Pages Ray Litton, 815 Clearview, congratulated the Council on being a Main Street Finalist. He asked Council if they wanted a mobile home park to be the "gateway" to Georgetown. Dee Pratt, 105 Cloverdale Lane, asked Council not to approve the mobile home park, saying that she had just bought her home in Clearview Estates and didn't want the overcrowded conditions that would occur with a mobile home park. Gerry Anderson, Route 3, Box 911, told Council he was very proud of the Main Street Project, and applauded Council on their mobile home ordinance. He warned that the proposed Windmill Hill Development would not be what the Council assumes is affordable housing. He said the interest rates were higher on manufactured homes because they are not considered to be good investments. He also mentioned that the appraised value of mobile homes depreciates rapidly. Paul Jordan, President of the Chamber of Commerce, apologized that the Chamber had not assisted the Council in the past on the existing ordinance. He read a resolution from the Chamber stating their support to the Council in revising the ordinance. Wood asked for Rabe's response to Ms. Corrigan's question about the ordinance being worded correctly so as to apply only to new applications. Barry reiterated that the caption of the ordinance and offered an option to add the word "new" to Section 2 of the ordinance. Rabe suggested adding the wording "after the posting of the agenda for this meeting." Corrigan noted that the term "new applications" is not defined in the ordinance. Rabe said the recorded discussion and the Council's intent would be adequate without amending the ordinance. Barry added that one application was submitted yesterday and that it was not accepted due to the pending action. Rabe also suggested adding the words "valid and complete" in front of the words "new applications," noting again that Council speaking their intent would establish legislative history, without having to amend the ordinance. Barry clarified that Windmill Hill is considered to be a valid application. Gina Walker, from the audience, asked which mobile home projects were "in the pipeline" and was told that Windmill Hill and Georgetown Meadows have been submitted, but there is still a question about Georgetown Meadows. When asked the location of Georgetown Meadows, Barry responded that it is located on Hutto Road. Gerry Anderson asked that residents of the ETJ be invited to respond to future Council action involving the ETJ. Wood noted that they are always invited to attend the Council City Council Meeting Minutes/February 25, 1997 Page 6 of 11 Pages Meetings. Vincent pointed out that there would be a Council Workshop soon on this subj ect. Hoyt asked Rabe for and was given confirmation that the discussion held by Council tonight would be valid to protect against any further development being allowed. Motion by Hoyt, second by Bain to adopt Ordinance 97-12 on Emergency Reading. Approved 6-0. Z Consideration of a resolution instructing staff to prepare a policy paper on affordable housing strategies from which the City Council can conduct a Policy Governance Workshop on housing needs; including an analysis of the Governance Workshop Guidelines and the final adopted ordinance on manufactured housing for possible revisions as part of the overall housing strategy discussion -- Bob Hart Hart read the resolution. Vincent asked for the timeline. Hart said it would take staff 60 to 90 days to complete the analysis. Bain and Vincent suggested that members of the Chamber be invited to attend the workshop discussions. Motion by Vincent, second by Hoyt to approve the resolution. Approved 6-0. AA Consideration of a resolution instructing the staff to conduct a utility study of capacity allocation on the "South I-35" utility lines in order to ensure adequate capacity for development of the County Exposition Center and other support facilities within the County Development District -- Bob Hart Hart told Council that when the South I35 utility lines were built, a number of property owners were contacted regarding the financing of the construction of those utility lines. He said that the owner of the Windmill Hill project was contacted, and did not want to participate in the financing for the extension of utility lines. He mentioned a number of new businesses that will be building in that area as well as the proposed County Exposition Center. He said the study would need to be done in order to ensure that enough capacity would be available to support this new construction as well as the manufactured home park. Hart read the resolution. Motion by Bain, second by Hoyt to approve the resolution. Approved 6-0. BB First Reading of an ordinance rezoning a 1.81 acre tract in the Nicholas Porter Survey from RS, Residential Single Family to RM -1, Multifamily, located on Janis Drive -- Hildy Kingma and Ed Barry (Bain abstained) Kingma told Council that the Planning and Zoning Commission had considered this rezoning for RM -2 and it was denied. It was changed before it came to Council, so Council remanded it back to Planning and Zoning who again recommended denial. She City CoLmoil Meeting Minutes/February 25, 1997 Page 7 of 11 Pages told Council that this action would require a 3/4 vote of the Council if the decision of the Planning and Zoning Commission was to be overturned. Kingma read the caption only on first reading after having satisfied the Charter requirements. Steve Senior, 1716 Westwood Lane, told Council that current diversity of zoning in the neighborhood is buffered, saying that the new development would not be compatible with the existing zoning. He said the proposed development would put duplexes directly across the street from single-family dwellings. He asked Council to vote against the proposed rezoning. Michael Cornett, 1715 Westwood Lane, told Council that his house is directly adjacent to the proposed rezoning. He asked that Council keep the zoning at RS. Grace McLaughlin, 1715 Dawn Drive, said her property is across the street and one lot removed from the proposed development. She told Council she felt the proposed development would lower the value of the properties in that area. Dale Shuffield, 102 W. Janis, told Council that the streets in his neighborhood are not substantial enough for the increased traffic that would occur if the proposed development were allowed to go through. Barbara Shufiield, 102 W. Janis, commended the Council about the Main Street Project. She told Council she also wanted to speak to them about transportation issues. She said with the frontage road being changed to one-way, more traffic would be diverted on their neighborhood streets. She asked Council to turn down the request to rezone. John Warden, representing the applicants and prospective developers of the site, asked if the 3/4 vote would be possible tonight. Hart said that there indeed would not be enough members to vote in favor of the proposal, due to the absence of Davis and abstention of Bain. Rabe confirmed that a valid vote would not be possible. Warden was asked if he wanted to proceed or table the item. Warden asked to have it tabled. Due to Vincent's proposed absence at the next Council Meeting, it might be necessary to postpone this item until the second meeting in March. Hart suggested that it would be posted for March 11, and any interested parties should call the Development Services Office on Tuesday, March 11 and inquire as to whether Vincent would be able to make the meeting. The residents asked that the item be placed early on the agenda. 8:43 p.m. - Recess - Resumed at 8:52 p.m. CC First Reading of an ordinance rezoning Riveroaks Subdivision, Section Two, Lots 6 and 7, to be known as Tractor Supply company, from C-1, Local Commercial, to C -2A, City Council Meeting Minutes/Febmary 25, 1997 Page 8 of 11 Pages Commercial First Height, or any more restrictive district, located on South IH -35 -- Hildy Kingma and Ed Barry Kingma told Council the subject property is just to the north of Walmart, and that the Tractor Supply Company is mostly a hardware store, selling riding lawnmowers in an outdoor display which is not allowed in the current zoning. Kingma told Council that the prohibition against mini warehouses would be added as requested at previous Council Meetings. Kingma read the caption only on first reading after having satisfied the Charter requirements. Bain asked why the C-1 zoning could not be amended to allow outside lawn mower sales. Kingma said that would be a variance to a land use, so it would not be allowed by State law. Bain also asked about fencing requirements, and several existing locations were pointed out as being technically in violation of the intent of the zoning ordinance. Hart pointed out that after tonight's ordinance, cellular towers would now be allowed in C - 2A zoning. Kingma said there is a provision in the ordinance that permits the Council to impose reasonable conditions for the protection of surrounding landowners as well as the general public: restricting the property to single use. She recommended C -2A, restricting the property to retail sales of farm equipment and machinery, provided that the outdoor display or storage is screened, and all uses permitted in any more restrictive district Motion by Torn, second by Bain to approve the ordinance on first reading. Approved 6-0. DD Detailed Development Plan for Riveroaks Resubdivision, Section Two, Lots 6, 7 and a portion of Lot 8, to be known as Tractor Supply Company, and variances to the Subdivision Regulations, located on South IH -35 -- Hildy Kingma and Ed Barry Kingma explained that this DDP was for the same property, and they are asking not to have to do the landscape buffer due to the desire to continue the paving, and asking for encroachment into the PUE and the adjacent lot (which they own). She said they are also asking for encroachments for which staff and P & Z have recommended denial. Motion by Burson, second by Bain to approve staff's recommendations. Approved 6-0. EE First Reading of an ordinance authorizing the issuance of the City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 1997 in an amount note to exceed $5,195,000 -- Susan Morgan and Bob Hart City Council Meeting Minutes/February 25, 1997 Page 9 of 11 Pages Morgan introduced Bond Counsel Carol Polumbo and Consultants Gary Kimble and Monty Nitcholas. She explained that these bonds would pay for the new fire station out at Sun City. Kimble went through the bond issuance timetable with Council, saying that, pricing and fixing of the rates would be done next week and held until the next Council Meeting. He told Council that they were looking at rates that are almost half percentage point below what they were first considering, benefiting the refunding portion --with $151,000 savings to the City. Kimble told Council that Moody's confirmed the City's A rating on general obligation debt. He said that city population and total evaluation keep Georgetown at A instead of A-1 saying that otherwise the bond agencies were very impressed with the management at the City. He said it is still a possibility that Standard and Poors may upgrade the City's rating. Morgan read the caption only on first reading after satisfying the requirements of the City Charter. Vincent asked for and received confirmation that this would cause an increase of one cent on the ad valorem tax. Motion by Bain, second by Burson to approve the issuance on first reading. Approved 6-0. FF First Reading of an ordinance authorizing the issuance of the City of Georgetown, Texas Utility System Revenue Bonds, Series 1997 in an amount not to exceed $6,950,000 -- Susan Morgan and Bob Hart Morgan explained that $2.9 million was for the refunding and $4 million was for the Customer Choice and Control System. Briggs pointed out that Council had approved in August of 1996, that automated meter reading was $3.2 million with the SCADA portion being $800,000. Morgan read the caption only on first reading after having satisfied the Charter requirements. Motion by Vincent, second by Hoyt to approve the issuance on first reading. Approved 6-0. Bain asked the timetable for the street improvements on Country Club and Dunman and Tonn asked about 15th Street. Briggs said the improvements to Country Club and Railroad Street were tied together in the same project. He said that title problems with Railroad Street are holding up the process, the improvements to Dunman are almost complete, noting that the engineering firm of Smith and Western did not complete the job as required, so another firm had to be hired. Briggs said 15th Street is in design right now with approximately 70% complete. Hoyt asked about the procedure to get a stop sign for coming out of the junior high campus onto Leander Road. Briggs said the City could make a stop sign available to the school district. Wood recommended that Tonn and Hoyt speak to the school district about the sign. GG First Reading of an ordinance adjusting water conservation rates for residential customers for billing periods between June and September -- Susan Morgan and Bob Hart City Council Meeting Minutes/February 25, 1997 Page 10 of 11 Pages Morgan explained that this ordinance is to correct the middle rate that was stated incorrectly in a previous ordinance --changing $2.80 to $3.50. Morgan read the caption only on first reading after having satisfied the requirements of the City Charter. Motion by Bain, second by Burson to approve the rate change on first reading. Approved 6-0. HH First Reading of an ordinance deleting Chapter 8.24 of the Code of Ordinances of the City of Georgetown relating to abandoned vehicles and property -- Bill Shanklin This item was handled by Council prior to Item GG. Shanklin read the ordinance on first reading. Tonn asked for an explanation as to why this was being done. Shanklin explained that the City's ordinance was not in compliance with State law, so it is being deleted. Motion by Torn, second by Hoyt to approve the ordinance on first reading. Approved 6-0. lI Evaluation of meeting process Hart and Wood clarified the subjects of the workshops at the next two Council meetings which will be parking on March 1 lth and historic preservation on March 25th. Wood noted that a workshop on MOKAN would be held on Thursday morning at 9:00 a.m. by the Texas Department of Transportation at the Greer Building in downtown Austin. The meeting was adjourned at 9:52 p.m. Approved: Leo Woad, Mayor City Council Meeting Minutes/Febivary 25, 1997 Page 11 of 11 Pages Attest: Sandra D. Lee, City Secretary