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HomeMy WebLinkAboutMIN 04.28.1998 CC-W&RThe City Council O{the City Of Georgetown,Texas, met iORegular Session ODthe Council Present: Charlie Barton, Ferd Tonn Lee Bain Council Absent: Charles "Hoss" Burson, Shorty Valdez Hart, City Manager; George Russell, Assistant City Manager; Marianne Banks, 'City Attorney; Susan Morgan, Director of Finance and Administration; Ed Barry, IDirector of Development Services; Murray Blackman, Assistant to the City 'Manager/Acting Director of Information Resources; Allison Copple, Administrative ssistant to the Assistant City Manager; Micki Rundell, Accounting Director; Clyde von Rosenberg, Chief Long -Range Planner; Wendy Walsh, Development Planner; David 'Munk, Development Engineer; Gary Warnock, Electric Systems Planner; Tom Bolt, Building Plan Reviewer; Kim Shaw, Development Planner; Carla Benton, Development Technician A Answer questions on Statutory Consent Agenda Items listed specifically below under the Regular Session that will begin nosooner than G:ODp.m.(For questions only, noaction tobetaken until Regular Session.) Executive Session B Soc551.O71consultation with attorney C 8eo.551.U72deliberation onreal property D Sec.551.O75conference with employee Called toorder at 7:12 p.m. Action from Executive Session Motion byHoyt, second byBain to authorize paymentoflegal fees ofup0o$4O.00OtoStump, Stump, and Stump and up to $35,000 to Wells, Pinckney and McHugh. Approved 5-0. (Valdez and Burson absent) City Council Meeting MinubaaA\ph|2O. 1998 Page I of 6 Pages F Mayor, Council, City Manager and staff comments and reports Wood wished a Happy 41 st Anniversary to Ferd and Laverne Tonn. Proclamation for Public Servant Recognition Week Wood read and presented the proclamation to Allen Borgwez, President of the Central Texas Chapter of the American Society of Public Administration. G Citizens wishing to address the Council Keith Peshak, 800 Oak Crest Lane, told Council that he was judged wrongly of being guilty of speeding in the park. Wanda Terrell and Christine Smart, Officers of the Williamson County Republican Women, presented copies of a booklet called "Your Elected Officials" that they compiled. I111HmC��79T H A public hearing in regard to an application for funding through the Texas Department of Economic Development on behalf of Rivery Partners, Ltd. and Georgetown Waterpark, Ltd. -- Bob Hart Hart read the information about the Texas Capital Fund applications. Kathryn Heidemann, 407 Golden Oaks, told Council that she disagreed with the purpose of the applications for funding (Items J and K on this agenda). She said she thought the items should have been placed on the Regular Agenda. She asked for information concerning the proposed companies and their fiscal liabilities. Mary Ellen Kersh, 1903 E. 19th Street, told Council she is also unhappy that the items were placed on the Consent Agenda. She claimed that the Capital Fund is a government subsidy and asked Council publish the Council Agenda in the local newspaper. She claimed that the statement that there was no direct cost to the City is not true. She said that because she was not aware of what kind of companies, particularly a waterpark, would go in, she doesn't think the tax money should be spent. Frank Parmenter, 4106 Sequoia Trail East, asked Council how they could have a Public Hearing and put the items on the Consent Agenda in the same meeting. He said that several years ago, a feasibility study was done on a waterpark for Georgetown, and that feasibility study showed that a waterpark was not viable for Georgetown. He asked that the items be removed from the agenda and studied before a decision is made. The public hearing was closed at 7:38 p.m. Frank Parmenter again addressed Council on Item L, saying that the Tessco Buildings lost $25,000 for the City last year. He also questioned the re -payment of the Tessco loan. I Consideration of approval of the minutes for the Regular Meeting of Tuesday, April 14, 1998 -- Sandra Lee J (Pulled/see Regular Agenda) K (Pulled/see Regular Agenda) L Consideration of the City's Investment Report for the quarter ended March 31, 1998 -- Micki Rundell and Susan Morgan City Council Meeting Minutes/April 28, 1998 Page 2 of 6 Pages K8 Consideration of a resolution directing the publication of the Notice of Intention to Issue $30,910,000 City of Georgetown, Texas Utility System Revenue and Refunding Bonds, Series 1998 and $5,225,000 City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 1Q88;and other matters related thereto — Susan Morgan N Consideration of a Detailed Development Plan of 0.360 acres and 0.366 acres in the David Wright Survey, to be known as Industrial Perk North, Lots 19 and Lot 37, located on Industrial Park Circle, with Variances tothe Subdivision Regulations —EdBarry and David Munk O Consideration ofa Detailed Development Plan nfIndustrial Park North, Lot 21, located at4Oi21 Industrial Park Circle, with Variances tothe Subdivision Regulations — EdBarry and Tom Bolt P Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning the platted fifteen (15) foot public utility easement extending south from the north property line of Lot 1, Block 1 of an Amended Plat of a Resubdivision of Williamsburg Village, located at 3010 Williams Drivo—EdBerryandVVnndyVVe|oh O Consideration of a Revised Detailed Development Plan of an Amended Plat of a Resubdivision of Williamsburg Village, Block 1, Lot 1, located at Williams Drive and Booty's Crossing Road, with Variances totheGubdivioiunRogu|adono—EdBarryandVVendyVVe|xh R Consideration of a Concept Plan of 81.90 acres in the Ephraim Evans Survey, to be known as Hewlett Subdivision, located at the southeast corner of the IH -35 frontage road and Westinghouse Road -- Ed Barry and Wendy Walsh S Consideration of a Preliminary Plat for 257.289 acres in the Burrell Eaves, Frederick Foy, and Daniel Monroe Surveys, to be known as a Planned Unit Development of Sun City Georgetown Golf Course No. 2.Phase |. located nnSun City Boulevard —EdBarry and Gary Warnock T Consideration of a resolution granting a petition for the annexation of 257.289 acres in the Burrell Eaves, Frederick Foy, and Daniel Monroe Surveys, to be known as a Planned Unit Development of Sun City Georgetown Golf Course No. 2, Phase 1, located on Sun City Boulevard -- Ed Barry and Clyde von Rosenberg U Consideration of a Detailed Development Plan for 7.186 acres in the Clement Stubblefield Survey, known as Wesleyan Nursing Home. located at 2001 Scenic Drive, with Variances tothe Subdivision Regulations —EdBnrryendKimShew V Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning the platted ten (10) foot public utility easement extending along the west side of Lot 3, Block 6, Serenada East, Unit Four, located at 4014 Luna Trail -- Ed Barry and Carla Benton VV Consideration of a Variance to the Subdivision Regulations for the Woods at Berry Creek, Phase One, Block D, Lot 22, located at 129 Brentwood Drive, and Berry Creek, Section Seven, Block D, Lot 1, located at28O11Oakland Hills Drive —EdBarry and Tom Bolt X Consideration of a Variance to Subdivision Regulations, for Glasscock Addition, Block 10, Lots 1, 2 and 3, known as First Presbyterian Church, located at 703 Church Street -- Ed Barry and Tom Bolt Motion by Bain, second by Tonn to approve the Consent Agenda with the exception of Items J and K which were pulled for the Regular Agenda. Approved 5-0. Legislative Regular Agenda Consideration of a resolution approving a Texas Capital Fund application for funding in the amount of $750,000 through the TexaDepartment of Economic Development on behalf of Rivery Partners, Ltd. -- Bob Hart (pulled byBarton) City Council Meeting Minutes/April 2O.1SS8 Hart explained that the application was for infrastructure, specifically Rivery Blvd., for a proposed restaurant. He read the resolution. Wood asked Hart to explain the criteria to receive a grant from the State. Hart explained that the company has to agree to create jobs based on the amount of money to be received, and would need to reimburse the State in proportion to the number of jobs that are created. Clare Easley, 912 Forest Street, told Council of her service on the Urban Design Committee. She said she feels the decision on roadways and waterparks should be delayed until after the Urban Design Plan has been presented. Clark Lyda, 1220 S. Austin Avenue, told Council that the two items (J and K) were offensive to him. He claimed that according to the Internet, the types of jobs to be created by Texas Capital Fund grants are to be full-time, permanent, manufacturing jobs, not restaurant jobs. He said he has never asked for financial assistance for his developments in Georgetown. Kathy Heideman asked again who she should contact to get the answers to her questions regarding the two Capital Fund applications. Mayor Wood suggested she contact Assistant City Manager George Russell. Councilmember Barton agreed with Ms. Easley that the decision on these Capital Fund applications should wait until the Urban Design Plan is presented. Bain asked the benefit to the City in the construction of Rivery Blvd. Hart explained that it would be a major traffic reliever for Williams Drive and Country Club Drive. He stated that there are funds designated in the Development Agreement with Sun City that will be put toward the construction of the bridge on Rivery Blvd. Hoyt asked what impact the Urban Design Plan would have on the two projects. Barton gave an overview of the specifications of the Urban Design Plan. Barton asked von Rosenberg to respond. von Rosenberg told Council that the Plan would be general in nature, but would make clear the way the Council wants to see development addressed. He said he wouldn't draw a direct link between the Plan and the two proposed projects. Bain clarified that the City had no financial involvement in the projects, and the State would be responsible for approving the projects and collecting any paybacks. Motion by Hoyt, second by Davis to approve the resolution. Approved 4-1. (Barton opposed) K Consideration of a resolution approving a Texas Capital Fund application for funding in the amount of $750,000 through the Texas Department of Economic Development on behalf of Georgetown Waterpark, Ltd. -- Bob Hart (pulled by Barton) Hart read the resolution and explained that the application is for funding of a road that would provide linkage from the Inner Loop to the frontage road on IH35. He said the project is a proposed waterpark. Clare Easely said that the Urban Design Plan would definitely speak to parks, and she does not think a waterpark fits. Clark Lyda said he feels this is a continuation of the Power Computing saga. He implied that the City Manager was not telling the complete story. Frank Parmenter asked if the waterpark is a private venture, county venture, city venture? He asked who was putting in the waterpark? Hart responded that it is a private venture. Kathy Heideman told Council that she felt they had acted "in the dark " on the last item, and that if they did City Council Meeting Minutes/April 28, 1998 Page 4 of 6 Pages not act in the dark and had more information, they should have shared it with the public. Bain asked the benefit to the City on this project. Hart said it does improve the traffic circulation and does give some benefit to the Candle Factory and would assist the County with the Expo Center. Bain confirmed that the money from the State would be used by some city, if not funded to Georgetown. Barton confirmed that if the water park were not developed, the roadway would be constructed anyway using City funds. A lady in the audience asked how the road would help the traffic flow. Wood responded that it would eventually assist the access to SH130. Wood further explained that the transportation plan in Georgetown is a top budget priority. Motion by Davis, second by Bain, to approve the resolution. Approved 5-0. Y Consideration of a Detailed Development Plan for 2.708 acres in the Ruidosa Irrigation Company and Clement Stubblefield Surveys, to be known as Alu-Cut International, Inc., located on Industrial Avenue, with Variances to the Subdivision Regulations -- Ed Barry and Wendy Walsh Walsh gave Council a brief overview of the proposed project. Vic Flores, 2403 Highland, said more neighborhood people would have come to the Council Meeting but he felt that the time on the meeting had been "pushed around quite a bit." He asked that the hackberry trees be saved if they were to be replaced with slow-growing oak trees, and if that happens, he would prefer an 8 -foot fence to buffer the subdivision from the projected business. He asked who would own and maintain the fence. Davis requested that Flores point out his specific lot on a map. Flores noted that a 6 -foot fence was called for, and he would prefer to see an 8 -foot fence. Walsh explained that a variance for an 8 -foot fence was not allowed because the building meets the 20 -foot setback requirements. Barry explained that Council could approve a variance for an 8 -foot fence if they wished. Steve Sherrill of Carter -Burgess, Engineer representing Alu-Cut, said that he believes Alu-Cut would be happy to provide an 8 -toot fence. He said he did not foresee destruction of the hackberry trees other than what would be necessary in construction of the fence. He suggested that a plat note be added to the Final Plat regarding the fence. Hart reminded Council that they had asked for strengthening of the ordinance involving fencing between differing land uses, saying that Code Enforcement would be able to enforce the ordinance once strengthened. Motion by Davis, second by Tonn to approve. Approved 5-0. Z Second Reading of an Ordinance to Amend the Century Plan for 620 acres in the Joseph Fish, Mary Ann Lewis, Leroy Lord and William Roberts Surveys, to be known as Georgetown Village Planned Unit Development, located 1.5 miles east of Williams Drive on Shell Road from Intensity Level Two to Intensity Levels Three, Four and Five -- Ed Barry and David Munk Munk read the caption only on second reading. Motion by Barton, second by Tonn to approve Ordinance 98-21. AA Second Reading of an ordinance adding Chapter 14.20 of the Code of Ordinances establishing a franchise agreement with Pedernales Electric Cooperative, Inc. -- Marianne Banks Banks read the caption only on second reading. Motion by Davis, second by Bain to approve Ordinance 98-22. Approved 4-0. (Tone left the dais.) BB First Reading of an Ordinance to Amend the Century Plan from Intensity Level Two to Intensity Level Three, for Resource Commercial Park, Lots 2 through 12, located on Market Street, east of the East IH 35 Frontage Road -- Ed Barry and David Munk Munk read the caption only on first reading after having satisfied the requirements of the City Charter. Motion by Davis, second by Hoyt to approve the ordinance on first reading. Approved 4-0. City Council Meeting Minutes/April 28, 1998 Page 5 of 6 Pages CC First Reading of an Ordinance to Rezone 8.062 acres in the John Berry Survey, from A, Agricultural to C -2A - Restricted, Commercial First Height, or any more restrictive classification, located at the northeast corner of the intersection of IH -35 frontage road and SH195 -- Ed Barry and Wendy Walsh Walsh read the caption only on first reading after having satisfied the requirements of the City Charter. Bain asked if only 1 1/2 acres would be rezoned. Roger Stendebach, representing the applicant, noted that the entire acreage would be rezoned. Motion by Barton, second by Davis to approve the ordinance on first reading. Approved 4-0. DD First reading of an ordinance providing for the annexation into the City of 257.289 acres in the Burrell Eaves, Frederick Foy, and Daniel Monroe Surveys, to be known as a Planned Unit Development of Sun City Georgetown Golf Course No. 2, Phase 1, located on Sun City Boulevard -- Ed Barry and Clyde von Rosenberg von Rosenberg read the caption only on first reading after having satisfied the requirements of the City Charter. Motion by Bain, second by Barton to approve the ordinance on first reading. Approved 4-0. EE First Reading of an Ordinance to Rezone 257.289 acres in the Burrell Eaves, Frederick Foy, and Daniel Monroe Surveys, to be known as The Planned Unit Development of Sun City Georgetown Golf Course No. 2, Phase 1, from A, Agricultural to RP, Residential Planned Zoning, or any more restrictive district, located on Sun City Boulevard -- Ed Barry and Gary Warnock Warnock read the caption only on first reading after having satisfied the requirements of the City Charter. Motion by Bain, second by Hoyt to approve on first reading. Approved 4-0. FF First Reading of an ordinance amending Ordinance No. 93-42 to reapportion the North/East IH35 frontage road assessment for San Gabriel Village (52.72 acres) -- Marianne Banks Banks noted that this was the item that could not be handled on the last agenda because the exact acreages had not been determined. She noted that a revised ordinance had been provided on the dais, with acreages as accurate as possible at this time. She said there would possibly be some minor changes in the acreage that would be corrected in the second reading. She read the ordinance in its entirety due to the final information on the acreages having been provided from the surveyor just prior to the Council Meeting. Motion by Barton, second by Davis to approve the ordinance on first reading. Approved 4-0. GG Notification of need to appoint two members to the Library Advisory Board at the next regular council meeting -- Murray Blackman Hart noted that Sally Riedel had resigned due to moving to Germany, and James Porter has not attended enough meetings according to the governance policies. The meeting was adjourned at 09:12•M. Approved City Council Meeting Minutes/April 28, 1998 Page 6 of 6 Pages Attest