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
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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
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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
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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