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HomeMy WebLinkAboutMIN 09.22.1998 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: ;Council ,absent: Charles "Noss" Burson, Charlie Barton, Susan Hoyt Ferd Tonn, Lee Bain, Shelley Davis, Shorty Valdez taff Present: ob Hart, City Manager; George Russell, Assistant City Manager; Marianne Banks, ity Attorney; Sandra Lee, City Secretary; Ed Barry, Chief of Development Services, usan Morgan, Director of Finance and Administration; Jim Briggs, Director of ommunity Owned Utilities; Verna Browning, Director of Community Services, Hildy ingma, Chief Planner -Current Planning; Clyde von Rosenberg, Long -Range Chief tanner; Wendy Walsh, Development Planner; David Munk, Planning Engineer; Kim haw, Development Planner; Tom Bolt, Engineering Plan Reviewer; Dave Hall, uilding Official; Carla Benton, Development Technician; Bob Stevenson, Building ode Enforcement Officer; Sheila Henderson, Librarian; Ben Stafford, Safety oordinator; Don Rundell, City Engineer Called to order at 6:07 p.m. A Discussion of the process for revising the Georgetown Sign Ordinance -- Ed Barry and Hildy Kingma Kingma recalled to Council that the existing sign ordinance had been put "on hold" in 1996, to await the completion of the Urban Design Plan. The existing ordinance was extended and will need to be re -adopted by December 31, 1999. Kingma explained that it was suggested that focus groups be used to develop the issues, with the Planning and Zoning Commission/Sign Review Board reviewing all suggestions prior to Council approval. B Discussion of the process and schedule for revision to the impact fees ordinance -- Ed Barry Barry noted that there are impact fees in place, and under state law they must be revised. He distributed a copy of the Updated Land Use Assumptions of 1998/Development Impact Fees and a copy of the Development of Water and Wastewater Impact Fees prepared by James Duncan and Associates, consultant. He noted to Council that staff is recommending that the Planning and Zoning Commission and a representative from the extraterritorial jurisdiction (ETJ) act as the Working Group to review/revise the City Council Meeting Minutes/C-Gtc-bfr -l-3-;-'s98 :5,e .rf- Page 1 of 8 Pages impact fees ordinance. C Sec.551.071 consultation with attorney D Sec.551.072 deliberation on real property E Sec.551.075 conference with employee Executive Session was moved to the end of the agenda. Called to order at 7:05 p.m. Councilrnember Susan Hoyt absent. F Action from Executive Session Executive Session was moved to the end of the agenda. G Mayor, Council, City Manager and staff comments and reports Wood recognized Carol Loughlin of the Texas Municipal League Insurance Risk Pool. Hart reminded Council of the TML Region X Meeting to be held at Sun City on Thursday, September 24. Hart noted his attendance at the Children's Summit sponsored by the Georgetown Project on September 17 which was designed to initiate programs for youth. Davis thanked Georgetown Project, GIVE, and Partnerships in Education for their participation for youth. Wood noted that the Georgetown Project has received a $100,000 federal grant from the Justice Department. -- Proclamation for Public Power Week October 4 - 10, 1998 Mayor Pro Tem Ferd Tonn read and presented the proclamation to Jim Briggs, Director of Community -Owned Utilities. -- Proclamation designating October 2 through 4, 1998, as the Official 150th Birthday of Georgetown Celebration Weekend Wood read and presented the proclamation to Chairman Marvin Waley and three other members of the 150th Birthday Celebration Committee. H Citizens wishing to address the Council Della Green, 1901 Vine Street, spoke to Council about her concerns about the new garbage containers. She feels that the large containers are awkward, especially for elderly and handicapped people. She also noted that she is unhappy that the rates will increase. Hart called on Verna Browning. Davis asked about services for handicapped customers and Browning replied that in a letter that went out to all customers it was noted that there are special services available for handicapped people. She also noted that there is a smaller container available. City Council Meeting Minutes/,ecto�be;-13-,-198 r Page 2 of 8 Pages I Consideration of approval of the minutes for the Regular Meeting of Tuesday, September 8, 1998 - Sandra Lee J Consideration of an award of bid for all lines of property, liability, and workers' compensation insurance for FY 1998/99 in the estimated amount of $258,344 -- Ben Stafford Barton asked if firm pricing had been obtained for the pollution insurance for the underground storage tanks. Carol Loughlin of TML Risk Pool said that the pricing is being obtained. K Consideration of approval of an agreement with Georgetown Independent School District (GISD) providing for the assessment and collection of property taxes for 1998/99 -- Susan Morgan L Consideration of approval of Addendum to Agreement for Professional Services with Boyd & Wheeler, Inc., dba Artworks Advertising Agency -- Lenny Welch and Verna Browning M Consideration of approval of a resolution authorizing funding agreements between the City of Georgetown and the Georgetown Project, Williamson County and Cities Health District, Stonehaven Senior Center, Williamson -Burnet County Opportunities (Crisis Center and Nutrition Program), Georgetown Information and Volunteer Exchange, Capitol Area Rural Transportation System, Literacy Council of Williamson County, for these agencies and organizations to continue to provide support services for the citizens of Georgetown -- Verna Browning N Consideration of approval of a resolution authorizing renewal of lease agreements between the City of Georgetown and the Georgetown Heritage Society for the History and Visitor Information Center space, and the Georgetown Optimist Club for the Boy Scout Hut buildings -- Verna Browning O Consideration of authorizing the Mayor to execute an agreement for retention and recruitment of industry by the Georgetown Industrial Foundation -- Bob Hart Frank Parmenter, 4106 Sequoia Trail East, told Council he thinks that the GIF is a political "boondoggle." He also objected to the City -owned buildings being used as business "incubators." Wood asked for a response. Finance Director Morgan stated that there is a 6% return on their investment through rent revenues for the City -owned buildings. P Consideration of authorizing an additional $5509.00 to complete the Dynix system portion of the public access Internet installation at the Georgetown Public Library -- Sheila Henderson and Randy Morrow Q Consideration of Amendment #6 in the amount of $1,177,869.00 to the contract between the City and Operations Maintenance International (OMI) -- Dan Wallace and Jim Briggs This item was pulled to be placed on the first meeting in October. R Consideration of Change Order No. 5 in the amount of $80,966.70 to the contract between the City and Capital Excavation Company for the Railroad Street, Country Club Drive and Haven Lane Project -- Don Rundell Bain asked if the need for this change order shouldn't have been predicted and planned prior to the original bidding process. Rundell explained that there were no records from when the line was installed, so there was no way to foresee the condition of the line. When it was discovered that parts of the line would need to be replaced, it was decided to replace it with a 6" line in order to be able to adequately provide fireflow in the proximity of the Caring Place. S Consideration of Change Order No. 1 to the contract between the City and Bay Maintenance Company, Inc. in the amount of $69,351.50 for the Cooperative Way Paving, Drainage and Utilities Project -- Don Rundell and Jim Briggs At Bain's question, Rundell and Briggs noted that the state required that the drainage be directed into a pipe rather than allowed to flow into an open ditch. City Council Meeting Minutes/Octe e !.a490'88 Page 3 of 8 Pages T Consideration of Change Order No. 3 in the amount of $15,477.75 to the 15th Street Paving and Drainage Construction Project and close-out of the contract between the City and Odell Geer Construction Company, Inc. -- Don Rundell and Jim Briggs U Consideration of a petition for annexation of 0.80 of an acre of land in the Ephraim Evans Survey, Abstract No. 212, located near the southeast corner of IH35 and Westinghouse Road -- Ed Barry and Clyde von Rosenberg V Consideration of a petition for annexation of 75.79 acres out of the Joseph Pulsifer Survey, to be known as River Chase Subdivision, located on SH29 -- Ed Barry and Clyde von Rosenberg W Consideration of a resolution to authorize a License to Encroach into the approximately one hundred (100) foot wide platted drainage easement located along the rear property line of Reata Trails, Unit Three, Block D, Lot 15, located at 124 Canyon Road -- Ed Barry and Carla Benton X Consideration of a resolution to authorize a License to Encroach into the twenty (20) foot wide platted Public Utility Easement located along the front property line of San Gabriel Village, Section One, Block 1, Lot 3, located at the intersection of the IH -35 frontage road and Waters Edge Circle -- Hildy Kingma and Wendy Walsh Y Consideration of a resolution to authorize a License to Encroach into the sewer, drainage, water pipe easement centered across Anderson Addition, part of Tract 1 and Tract 2, located at 1104 East 7th Street -- Ed Barry and Carla Benton Z Consideration of a Short Form Record Final Plat of a Resubdivision of Hughes Addition, a portion of Block 12 and Dimmitt Addition, a portion of Block 98, located at 1508 Walnut Street, with variances to the Subdivision Regulations -- Hildy Kingma and Wendy Walsh AA Consideration of a Final Plat of a Resubdivision of the Right -of -Way of Riveroaks Drive in the Resubdivision of Riveroaks, Section Two; to be known as a Planned Unit Development of a Resubdivision of Riveroaks Drive in Riveroaks Resubdivision, Section Two -- Ed Barry and Hildy Kingma BB Consideration of a Resolution authorizing the City Attorney to issue a quit claim deed to be filed abandoning the right-of-way of Riveroaks Drive, located parallel to the IH35 frontage road and north of SH29 -- Ed Barry and Hildy Kingma CC Consideration of a Detailed Development Plan of San Gabriel Village, Section One, Block 1, Lot 3, located at the intersection of the IH -35 frontage road and Waters Edge Circle, with Variances to the Subdivision Regulations -- Hildy Kingma and Wendy Walsh DD Consideration of a Development Agreement concerning Hewlett Subdivision, Section 1, located at the southeast corner of the 1-35 Frontage Road and Westinghouse Road -- Bob Hart EE Consideration of a resolution setting a public hearing date for consideration of proposed land use assumptions and proposed water and wastewater improvement programs for updating the City's impact fees and adoption of water and wastewater impact fees -- Ed Barry Motion by Valdez, second by Barton to approve the Consent Agenda in its entirety. Approved 6-0. (Hoyt absent) FF Second Reading of an ordinance providing for the annexation into the City of the 17.01 acre Park Central Section One Subdivision, the 19.61 acre Park Central Section Two Subdivision, and the 95.42 acre Benderson Trust tract, located along Westinghouse Road -- Clyde von Rosenberg and Ed Barry von Rosenberg read the caption of the ordinance on second reading. Motion by Tonn, second by Valdez to approve Ordinance No. 98-56. Approved 6-0. GG Second Reading of an ordinance providing for the annexation into the City of approximately 301.713 City Council Meeting Minutes/O o,��^z= ; 1 93 >t q 3 2" 2= f r' Page 4 of 8 Pages acres in the William Addison and Antonio Flores Surveys, a portion of a tract locally known as the American Georgetown Concept Plan (formerly known as Devonshire Farms) -- Clyde von Rosenberg and Ed Barry von Rosenberg read the caption of the ordinance on second reading. Motion by Tonn, second by Bain to approve Ordinance No. 98-57. Approved 6-0. HH Second Reading of an ordinance amending Section 13.04.180, relating to Solid Waste Disposal Rates, of the Code of Ordinances of the City of Georgetown -- Susan Morgan and Bob Hart Morgan read the caption of the ordinance on second reading. Motion by Valdez, second by Bain to approve Ordinance No. 98-58. Approved 5-1. (Barton opposed) II Second Reading of an ordinance amending stormwater drainage rates -- Susan L. Morgan and Bob Hart Morgan read the caption of the ordinance on second reading. Motion by Davis, second by Valdez to approve Ordinance No. 98-59. Approved 6-0. JJ Second Reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 1998, and ending September 30, 1999; adopting the Annual Amendment to the Century Plan -- Susan L. Morgan and Bob Hart Morgan read the caption of the ordinance on second reading. Motion by Bain, second by Barton to approve Ordinance No. 98-60. Approved 6-0. KK Second Reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 1998 -- Susan L. Morgan and Bob Hart Morgan noted that the tax rate is staying the same at 35 cents per $100 valuation. Morgan read the caption of the ordinance on second reading. Motion by Tonn, second by Bain to approve Ordinance No. 98-61. Approved 6-0. LL Second Reading of an ordinance amending § 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Susan L. Morgan and Bob Hart Morgan read the caption of the ordinance on second reading. Motion by Davis, second by Valdez to approve Ordinance No. 98-62. Approved 6-0. MM Consideration of a Concept Plan of 36.575 acres in the John Berry Survey, to be known as Chisholm Park, a manufactured home park, located at 300 CR152 -- Hildy Kingma and Wendy Walsh Walsh told Council that the first phase of the development consists of 40 lease spaces; the second phase is 70 lease spaces. She said that both phases contain parkland. She noted that 1/3 of the property lies within the 100 -year flood plain. She also noted that SH130 will cross Phase 3 of the development. Dr. Wade Burton, 402 Caladium Drive, on behalf of the Crystal Knoll Homeowners Association, said they object to high density coming to the area, saying that the traffic flow will be a problem. He said he objects to the City taking responsibility for the parkland in the floodplain rather than allowing the developer to be responsible for keeping that area clear. He also said he objects to manufactured home developments being just outside the city limits. Hartley Sappington, 40101 Heritage Hollow, expressed concern about the proposed concept plan. He said he met with the developer and was able to get answers to many of his questions, but he said he doesn't feel that this developer has experience in the type of management that will be needed to maintain the development. Sappington told Council that he objects to the amount of manufactured housing going into this particular area. Bain noted that all of the manufactured home developments thus far have been outside the City's ETJ. He also asked about the parkland being in the floodplain. Hart replied that the City typically works with developers in all parts of the City to acquire acreage in the floodplain in order to facilitate hazard mitigation. City Council Meeting Minutes/Qstcbe, c37-..r�9z3 f 2-2— Page -x Page 5 of 8 mages Hart noted that staff is reviewing options for annexing property in the general area of this proposed development. Davis asked the Council's obligation if they deny the proposed concept plan. Hart explained that if the plan complies with the City's ordinances, the Council is obligated to approve. Tonn asked and was told that the technical issues noted in the Agenda Item Cover Sheet have been addressed. Davis noted the poor condition of the low-water crossing on County Road 152 Barton asked if the development meets the ordinances, why does the City have to approve them. Banks noted that after the City's laws are adopted they must be followed, and this process ensures that the development has followed the law. Motion by Tonn, second by Valdez to approve the Concept Plan. Approved 5-1. (Burson opposed) NN First reading of an ordinance providing for the annexation into the City of 0.80 of an acre of land in the Ephraim Evans Survey, Abstract No. 212, located near the southeast corner of IH35 and Westinghouse Road -- Ed Barry and Clyde von Rosenberg von Rosenberg read the caption only of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Valdez, second by Barton to approve the ordinance on first reading. Approved 6-0. 00 First reading of an ordinance providing for the annexation into the City of 75.79 acres out of the Joseph Pulsifer Survey, to be known as River Chase Subdivision, located on SH29 -- Ed Barry and Clyde von Rosenberg von Rosenberg read the caption only of the ordinance on first reading after having satisfied the requirements of the City Charter. Hart explained that this was voluntary annexation. Motion by Tonn, second by Valdez to approve the ordinance on first reading. Approved 6-0. PP First Reading of an ordinance to rezone 74.935 acres in the Joseph Pulsifer Survey, from A, Agricultural to RS, Residential Single Family, or any more restrictive district to be known as River Chase, located on SH29 West -- Hildy Kingma and David Munk Shaw read the caption only of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Valdez, second by Bain to approve the ordinance on first reading. Approved 6-0. QQ Consideration of a Variance to the Subdivision Regulations Section 37040.0 for Churchill Farms, Section One, Block E, Lot 28, located at 321 Santa Anita Way -- Hildy Kingma and Tom Bolt Bolt noted that the owner wishes to erect a 6 -foot high privacy fence. Bolt noted that the Planning and Zoning Commission has recommended approval. Mike Henry, 412 Reinhardt Blvd., spoke on behalf of the Homeowner's Association, saying that they are in support of the variance to allow consistency with the other fences that were allowed to be built on the property lines in 1994. Eric Puitz, 412 Derby Lane, also on the Board of Directors of the Homeowner's Association, spoke in favor of the variance. Laura Oster, 321 Santa Anita Way, the applicant, said she found that when she purchased the house, the fence had been moved from the property line. She noted that the builder has agreed to re -build the fence with the stone pillars at the builder's expense. Motion by Davis, second by Barton to approve the variance. Approved 6-0 RR Consideration of waiving the Detailed Development Plan requirement for 6.0 acres in the C. Stubblefield Survey, known as Transit Mix Concrete, for the addition of an office building, located at 610 Leander Road -- Hildy Kingma and Kim Shaw City Council MeetingMinutes/6� 3; ?g >_� ='- 2- , f 1113 Page 6 of 8 Pages Shaw explained that the applicant wishes to add a temporary office structure of 200 s.f. She said that the staff is suggesting the waiver of the full detailed development plan, noting that staff is asking that the landscaping on the west side be enhanced. Wood asked about unsightly piles of rip rap and concrete. Shaw noted that the enhanced buffering would help relieve the view of the unsightly debris. Barton and Burson agreed with Wood that a condition be made that the developer be asked to clean up the area in exchange for waiving the detailed development plan. Motion by Barton, second by Burson to approve the waiver of the full detailed development plan requirements with the understanding that certain areas be cleaned up and a mini detailed development plan be required with enhanced landscaping, making the site look attractive as a gateway to the City. Approved 6-0. SS Consideration of a resolution acknowledging receipt of a petition to establish the Georgetown Village Public Improvement District ##1 -- Marianne Banks Banks noted that the applicant is requesting a different hearing date than was first told to the Legal Department. She read the resolution. She also pointed out that she has questions about the petition, therefore, approval by the Council should be with the stipulation that the petition is in compliance with state law. Motion by Valdez, second by Bain to approve. Approved 6-0. TT Consideration of a request for the waiver of building permit fees for construction repair to the dressing room located at Eagle Field Football Stadium, 107 Stadium Drive -- David Hall and Ed Barry Hall noted that GISD has requested the waiver. Motion by Bain, second by Valdez to approve. Approved 6-0. UU Consideration of a request for the waiver of utility permit and connect fees for the construction of the new 77 -room Holiday Inn Express to be located at 200 South IH35 -- David Hall and Ed Barry Hall noted that the tap fees are $20,200 for water, $19,700 for wastewater and $8,100 for electrical for a total of $48,000 in fees. He stated the developer has already paid over $50,000 for the building permit fee and has asked for relief. Hart noted that staff is recommending denial of the request because when negotiations were taking place with developer, it was agreed that fees would be waived if the hotel contained large conference rooms. Hart said that based on the fact that this hotel is not the size that was originally proposed, staff does not feel obligated to waive the fees. Motion by Barton, second by Davis to deny the fee waiver. Approved 6-0. VV Consideration of appointment of the Impact Fee Advisory Committee as called for by state statute -- Ed Barry Barry noted that in the past the City has used the Planning and Zoning Commission as this Advisory Committee. He noted that staff is also recommending the addition of a person who lives in the extra -territorial jurisdiction (ETJ), specifically a former member of the Planning and Zoning Commission who has indicated that she is willing to serve. Motion by Bain, second by Davis to approve the appointment of the Planning and Zoning Commission Members and Cynthia Borgfield Smith as the extra member from the extra -territorial jurisdiction. Approved 6-0. Wood noted there would be no action taken following Executive Session. 8:35 p.m. recessed for Executive Session - Resumed Open Session at 8:45 p.m C Sec.551.071 consultation with attorney D Sec.551.072 deliberation on real property E Sec.551.075 conference with employee F Action from Executive Session City Council Meeting Minutes/C)ctober i3^;-`f0O N t s 4 Page 7 of 8 Pages There was no action on Executive Session items. The meeting was adjourned at 08:50 PM. Approved -7 k1 -1--,/I 71 -r -41V Mayor Leo Wood City Council Meeting Minutes/0--ciub�,�ri--r,5,--raM Page 8 of 8 Pages Attest: X City Secretary Sandra Lee