HomeMy WebLinkAboutMIN 06.08.1999 CC-W&RCouncilThe City of of ei •' ! Regular Sessionon
above date with Mayorpresiding.
;
Discussion of City of Georgetown Facility Needs -- Bob Hart
Brinkley Sargent Architects representatives, Dwayne Brinkley and Melissa Brand-Vokey, discussed
Georgetown's Facility Needs. They analyzed all departments and determined space needs over the
next ten years, including size of new facilities, costs and timelines. Brinkley discussed the planning
goals for each of the departments studied, saying generally, the projections show that the departments
will double in size over the next ten years. He said the planning goals are: to strengthen the downtown
square, make city offices more efficient, make the city offices more citizen friendly, utilize existing City
property, address the parking shortage downtown, and identify crowded departments.
Hoyt asked for written materials. Brinkley said that there was backup for the presentation, but this
presentation was in draft and there may be a workshop later that will go into more detail.
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Executive Session was rescheduled to the end of the Meeting
Regular Session
Meeting was called to order at 7:14 p.m.
C Mayor, Council, City Manager, and staff comments and reports
Hoyt confirmed that the Council Advance would be held at MCC in Austin. Hart discussed the agenda,
some of the presentation issues, and timetable for the Advance.
Lyda asked about the provisions for citizens to attend. Hart discussed the security issues and the need for
citizens to contact the City to make arrangements for them to attend.
Kersch asked Hart to discuss the process of the Council Advance, and invited the public to attend.
D Citizens wishing to address the Council
Della Green, 1901 Vine, addressed the council regarding the historical value of the City of Georgetown
African-American Cemetery. She said that the cemetery is divided by a fence for white and
African-American plots, and that the African-American part of the cemetery has been neglected. She feels
the City should go forward with the clean up and development of the cemetery.
J.C. Johnson, Jr., 303 E. 9th, addressed the council regarding the Old San Gabriel Cemetary and the
release of budgeted funds for improvements. He feels the cemetery is in deplorable condition. He said
there was a meeting about a year ago between various historic associations and citizens to discuss the
cemetery. He said bids were obtained from a consultant to do an archeological survey of the cemetery. He
said the City Council put into their budget $12,500, contingent upon matching funds, saying that the City is
not in a position to get matching funds to help assist with the renovations of the cemetery. He said he has
some cash donations from individuals he is willing to turn over to the City for the renovations. He also said
that there is to much competition for preservation dollars at this time, and requested that the Council
release the $12,500 in the budget without the condition of obtaining the matching grant so some of the
renovations could be accomplished.
Della Green, 1901 Vine, addressed the council regarding the Library and City offices. Green suggested
that the City utilize branch libraries and that the City should leave the main library as it is. She said she
feels that branch libraries will offer other services the main library does not. Additionally, she is concerned
that the councilmembers have only one small room to use for meetings at the City Offices. She asked the
Council to consider moving the majority of the city facilities to the property where Don Hewlett is now
located so that citizens don't have to run all over town to find all of the departments.
B. Keith Peshak, 800 Oak Crest Lane, invited the mayor to a trial to be held at Kevin Henderson's
City Council Minutes/June 8, 1999
Page 2 of 8 Pages
courtroom regarding the police department. Peshak spoke about his concerns about the police department,
its officers, and the City Attorney. He requested a citizen review board for the police department.
Gerry Anderson, 1551 CR 104, said he is concerned about the integrity of some things that have happened
recently. He feels that there is a huge difference between area residents and the citizens of Georgetown.
He said that all taxpayers are faced with supporting the city, and they are all concerned about the integrity
of the City and City Management. He talked about the local newspaper being biased on some issues and
that it is hard to trust them. He said he is curious that the City Manager and others fought the Attorney
General to keep the consultant report regarding the police department confidential. He said he is also
concerned about the taxpayers having to bear the burden of paying for a lawsuit regarding the Police
Department and a Mr. Perry, which City of Georgetown lost because it wouldn't admit that one of its officers
simply made a mistake. He also discussed fire issues. He said he lives outside of the city limits, but every
time he comes to town he spends money and pays taxes. He said his residence has never been visited by
the Fire department. He also discussed the integrity of the City Council. He said is concerned that
meetings are being held behind closed doors if Council hasn't attended every meeting.
Statutory Consent Agenda
E Consideration of approval of the minutes for the Regular Council Meeting on May 25, and the Special
Council Meeting on June 1, 1999 -- Sandra Lee
F Consideration of a resolution authorizing signatures for the transaction of business regarding the Texas
Capital Fund Grant No. 718082 on behalf of Rivery Partners, Ltd. -- Bob Hart
G Consideration of authorizing the Mayor to execute a change to the contract between the City of
Georgetown and the Texas Department of Economic Development regarding Rivery Partners, Ltd. --
George Russell. (Pulled by Lyda)
H Consideration and possible action with respect to a Resolution Approving a Bond Resolution by
Georgetown Health Facilities Development Corporation, Providing for the Issuance of Bonds for
Georgetown Healthcare System, Inc. -- Susan Morgan and Bob Hart (Pulled by Kersch)
I Consideration of the bid, from Martin K. Eby Construction company, of Wichita, Kansas, and project budget
to construct the Smith Branch Wastewater Interceptor -Phase 2 project, in the amount of $1,301,000.00 --
Dan Wallace and Jim Briggs
J Consideration of a Concept Plan of 263.34 acres in the Frederick Foy Survey, to be known as Woodland
Park, located on FM2338, northeast of the intersection of FM2338 and FM3405 -- Wendy Walsh and Hildy
Kingma (Pulled by Kersch)
K Consideration and possible action on a Detailed Development Plan of City of Georgetown, Block 39, Lots
6 and 7 and parts of Lots 1, 4, 5 and 8, for the construction of a parking lot, located at 601 Main Street, with
Variances to the Subdivision Regulations -- Wendy Walsh and Hildy Kingma (Pulled by Barton and Hoyt)
L Consideration of an Addendum to A Planned Unit Development of Katy Crossing, Section Two, for the
addition of a two-story house plan -- Tom Bolt and Hildy Kingma (Pulled by Bain and Hoyt)
M Consideration of waiving the Detailed Development Plan requirement for Republic Square for an addition
to the Pizza Hut Restaurant, located at the corner of FM 2338 and Austin Avenue -- David Munk and Hildy
Kingma
Motion by Hoyt, second by Barton to approve the Consent Agenda with the exception of Items G, H, J, K, and L
which were pulled for the Regular Agenda. Approved 7-0.
Legislative Regular Agenda
G Consideration of authorizing the Mayor to execute a change to the contract between the City of
Georgetown and the Texas Department of Economic Development regarding Rivery Partners, Ltd. --
George Russell.
City Council Minutes/June 8, 1999
Page 3 of 8 Pages
George Russell discussed the change in the contract budget. He said the City originally applied for the
Texas Capital Fund Grant in April 1998 and the budget that was attached to the original application was
based on old data, but was submitted for the grant application. He said the grant application was approved
in September 1998, but in August 1998, when preliminary work was done, they discovered that the budget
information submitted with the application was incorrect. He said during the time frame between the
application and the approval, there were rule changes with regard to drainage and the road was changed
from a 4 -lane road to a 2 -lane road. He said amendments could not be made to the contract when these
rule changes were discovered, because amendments are not allowed unless the contract was signed by
both parties. Texas Department of Economic Development gave the City a contract in January 1999, but it
included some new boilerplates that the City had problems with, saying those problems were finally
resolved and the contract was signed in May 1999. He said now the amendments could be made to the
contract.
Lyda said understood the grant provided for a 4 -lane divided road at a cost of $364,700. He said he
doesn't understand why there was an increase to $374,890 in the price when the road got cut to a 2 -lane
road. Lyda said he has had a problem with this grant since its inception. He said that this project was sold
to the public @ $750,000. He said he is concerned that the new 2 -way road will benefit a private developer
and will not extend to Williams Drive. He said he is also concerned about the message being sent about
the usage of public money for private commercial development.
Bain asked about the length of the road. Lyda said it was 2,450 feet. Russell said that the Texas Capital
Fund would only approve the road going to the entrance of the restaurant. Bain voiced concern about the
difference in the cost figures. Hart said that estimates were based on the original urban design which was
done in 1982, and since then a lot of the TNRCC rules have changed which leads to the cost changes.
Don Rundell said that he would get the information about the difference in cost of a 4 -lane and 2 -lane road.
Lyda said he still feels like the only initial benefit was the road as it was originally submitted. He said he
doesn't feel like the public benefit is there anymore under the current conditions. Lyda said he is
concerned that the Developer should bear more of the cost since it benefits the developer more than the
public. Hoyt and Barton also expressed concerns that we needed a 4 lane and not a 2 lane. Russell said
that Texas Department of Economic Development felt like only a 2 -lane was needed for the restaurant and
that was all they were going to fund, even though the City felt like it needed 4 lanes because it would be a
major artery for the city.
Hoyt asked for an explanation on why the City was talking about doing the whole road. Hart discussed
the parameters included in the CIP Project, saying the City Staff has strongly encouraged the landowners to
work together and to do one master plan for the whole property. Hart said that it is the staffs position that
the property owners will be required to build the 2nd lane.
Bain asked the needed time frame for approval of this amendment. Hart responded that from the grant
standpoint, there is no hurry. He said that he thinks the delay will have an effect on the contract for selling
the land.
Lyda asked to approve the resolution on the condition that the landowner fund the completion of the road
simultaneously. Hart said that he is not convinced it can happen in that sequence, based on conversations
that he has had about this issue. Lyda said this is a desirable piece of property and he feels like the
developer will bend over backwards to make it work.
Bain asked to defer this item to the next meeting. Barton said he feels like there are some questions to be
answered about why the 2 -lane costs more than the 4 -lane. Don Rundell said he will get the numbers
together.
Motion by Lyda, second by Barton that this item be deferred to the next meeting. Approved 7-0
H Consideration and possible action with respect to a Resolution Approving a Bond Resolution by
Georgetown Health Facilities Development Corporation, Providing for the Issuance of Bonds for
Georgetown Healthcare System, Inc. -- Susan Morgan and Bob Hart
Scott Hall, 605 San Gabriel Overlook, addressed the council regarding economic development and what he
thinks is best for the City of Georgetown. He said he is in favor of using whatever methods are available.
City Council Minutes/June 8, 1999
Page 4 of 8 Pages
He said that he hasn't seen anything in the paper about this item, He said he isn't for or against it, but he
wants to learn about it. He asked if it is a private company, how much are the bonds, how are they going to
be used, how are they to be repaid, and is the Mayor in favor of it.
Morgan discussed the purpose of the Georgetown Health Facilities Development Corporation. Kersch
asked and was told that the reason we do this is because of the Public Service. There was some
discussion as to whether or not any of the businesses were "for profit" businesses. It was determined that
the businesses are all "non-profit"
Motion by Barton, second by Lyda to approve the resolution. Approved 7-0.
J Consideration of a Concept Plan of 263.34 acres in the Frederick Foy Survey, to be known as Woodland
Park, located on FM2338, northeast of the intersection of FM2338 and FM3405 -- Wendy Walsh and Hildy
Kingma
Charlene Perreault, 2014 4T Ranch Road, addressed the council regarding connectivity development. She
said that most of the Woodland Park issues have been discussed with adjoining property owners. She said
she has received some information that Del Webb's Sun City has a concept plan for 4T Ranch tract that
would back up to three lots. She said she also discovered that the City has decided to make connectivity to
her subdivision and she has not been notified about it. She said she heard the City is making a connectivity
street between Sun City and her subdivision for response time for fire trucks, but her understanding is that
there is no concept plan for this street. She said this will effect all homes in the area and she wants to know
why they have not been notified.
Walsh said it was originally submitted with a local road connection between Woodland Park and the 4T
Ranch; However, there was a cave that overlapped the road connection so it was changed because of
endangered species. She said the road will be an emergency access road only. Walsh said the notification
was satisfied prior to the public Planning and Zoning Commission meeting by sending out letters notifying
owners within 200 feet, by posting signs, by advertising in the newspaper, and was discussed extensively
at the public Planning and Zoning Commission meeting.
Bain asked about the houses that back up to the street. Walsh said that issue is addressed in Exhibit C.
Bain asked about the land around the cave. Walsh a buffer was established by U.S. Fish and Wildlife.
The City Attorney, Marianne Banks, informed the council that U.S. Fish and Wildlife requires that the cave
be gated and that it can only be used for passive use.... i.e. a bench. Lyda asked who is responsible for
upkeep. Walsh told him the developer or a homeowner's association would be responsible.
Barton wanted to know where the parkland is located. Walsh said that the parkland has not been
specifically marked off at this time.
Hoyt wanted to know if the Ms. Perreault had been notified. Walsh said that only those owners within 200
feet of the property boundaries were notified by using a list that came from the developer.
Perreault discussed further that they were not notified and she didn't understand how they could have a
connectivity road when the City did not know where the fire station was going to be located. Hart discussed
interconnectivity between subdivisions for emergency response. He said that Sun City is looking to
expand. He said there will be another Fire Station in Sun City in 12 to 15 years from now, and that the City
is trying to plan for the future expansion.
David Crain, 4T Ranch Road, said he wants to make sure that the Council understands that 4T Ranch
Road ends into a culdesac. He said that the map didn't clarify how 4T Ranch Road ended. He said he
wants to know if the City plans to extend 4T Ranch Road in the future. The engineer for the project said
that the issues are separate and discussed the differences, saying that in Sun City and 4T Ranch the
citizens are concerned about the future connectivity. Walsh said that it would be an emergency access
road, and in Woodland Park there is no connection to 4T Ranch Road, Section One. He said he would be
happy to answer any questions.
Bain asked why there was no connectivity between Woodland Park and 4T Ranch, and Walsh discussed
the cave issues again. Walsh said there will not be a direct connection between Woodland Park and 4T
Ranch, but there would be a connection between Woodland Park and the additional Land Concept Plan
and the additional Land Concept Plan would connect to 4T Ranch. She showed the councilmembers the
City Council Minutes/June 8, 1999
Page 5 of 8 Pages
plat map and the connections and discussed the parameters of the road.
Bain said he feels there are more reasons to have the connectivity besides emergencies... i.e. free flow of
traffic. Citizens would be able to use the road even though there are signs up that say "emergency access"
because it will be a public street. Hart said the goal is to discourage people from using it as a road. He
said the City is trying to balance the needs of the homeowners. Lyda agreed that we need the connectivity
to make it a city and not just a series of subdivisions. Hoyt asked and was told that the Woodlands only
has one connection.
Motion by Barton, second by Valdez to approve the Concept Plan. Approved 4-3 (Hoyt, Bain and Lyda
opposed.)
K Consideration and possible action on a Detailed Development Plan of City of Georgetown, Block 39, Lots
6 and 7 and parts of Lots 1, 4, 5 and 8, for the construction of a parking lot, located at 601 Main Street, with
Variances to the Subdivision Regulations -- Wendy Walsh and Hildy Kingma
Barton said he pulled this item because the plat for the parking lot showed an exit on Main Street. Barton
asked if anyone has considered putting the exit on 6th Street. City Engineer, Don Rundell, said they didn't
want to effect the residents. Barton said he doesn't feel like it will make a difference. Rundell said that
they are widening the exit to try and alleviate some of the traffic concerns and if they put it on 6th street, the
city employees will lose parking space. He said there will be no parking spots lost if the exit is on Main
Street where they are widening the current driveway.
Lyda said is concerned about the current angle parking on Main Street and the cars pulling out of the exit.
Rundell said there is still the concern about traffic in a residential area if the put the exit is put on 6th Street.
Lyda said he is also concerned about the use of St. Augustine grass as a buffer instead of another drought
resistant grass. Lyda asked for a clarification of the policy on drought resistant grasses. Rundell said he
talked to an urban forester and the parks department, and feels like St. Augustine meets all of the
requirements.
Motion by Tonn, second by Lyda to approve the Detailed Development Plan. Approved 7-0.
Consideration of an Addendum to A Planned Unit Development of Katy Crossing, Section Two, for the
addition of a two-story house plan -- Tom Bolt and Hildy Kingma
Tom Bolt discussed the differences between the original plan and the proposed addendum. He said the
original plan did not call for 2 -story houses. He said the homeowners that initially bought in the subdivision
thought that only 1 -story homes would be built, and the developer wants to have the option to build 2 -story
homes in the future due to current market concerns. He said the Planning and Zoning Commission has
recommended the amendment be approved.
Hoyt asked if the neighbors will be notified if a two-story would be built. Bolt said that they are taking this
matter through the public review process because the developer felt that this item needed to be brought up
in a public forum initially so that the public would have the opportunity to voice their opinion about the
addition of the 2 -story homes, and because the design of the houses is significantly different that the ones
in the original plan.
Barton said that the cover sheet indicated that the 2 -story permit was issued by the City in error, and
wanted to know if the City was trying to cover up "after the fact" for permission. Bolt said that the
foundation permit was issued in error. Kersch asked for an explanation. Bolt said that the permit was
issued without the realization that the planned unit development only allowed one story homes. Bolt
clarified that it was the builder and not the city asking for the amendment.
John Gavurnik, the developer, addressed the council about the concept of the plan. He said that there are
approximately 70 units on 35 lots in the subdivision, of the 35, they have 28 sold or started. He explained
that he never represented that he would not build 2 -story homes; however, the original options were
1 -story houses.
Motion by Tonn, second by Valdez to approve the Addendum. Approved 7-0.
City Council Minutes/June 8, 1999
Page 6 of 8 Pages
N Second Reading of an Ordinance to Rezone Park Central One, Section I from A, Agricultural to I,
Industrial, or any more restrictive district, located on Park Central Boulevard, Westinghouse Road (CR111)
and CR116 -- Wendy Walsh and Hildy Kingma
Walsh read only the caption of the ordinance on second reading. Motion by Tonn, second by Lyda to
approve Ordinance 99-34. Approved 7-0.
O Second Reading of an Ordinance to Rezone 5.29 acres in the Clement Stubblefield Survey, to be known
as A Planned Unit Development of Village Park, Lots 1, 2, 3, 4, 5, 6, and 7, from 1, Industrial to C-1, Local
Commercial, and Lot 8 from RM -3„ Office and Service Use and I, Industrial to C-26, Commercial Second
Height or any more restrictive district, and a Public Review Final Plat of 7.10 acres in the Clement
Stubblefield Survey, to be known as A Planned Unit Development of Village Park, located on South Austin
Avenue -- Wendy Walsh and Hildy Kingma
Walsh read only the caption of the ordinance. Motion by Tonn, second by Burson to approve Ordinance
99-35. Approved 7-0.
P Second Reading of an ordinance amending Chapter 12.20 of the Code of Ordinances to prohibit the
jumping or diving or causing one to jump, dive, or fall from any cliff or rock face at Blue Hole Park; and
providing for a penalty provision -- Randy Morrow and Art Rodriguez
Morrow reiterated the incorporated changes from council at the previous council meeting and read the
caption of the ordinance. Motion by Tonn, second by Burson to approve Ordinance 99-36. Approved 7-0.
O Consideration and possible action on an Additional Lands Concept Plan of 326 acres in the Frederick
Foy Survey, for the inclusion of the 4-T Ranch Tract into The Planned Unit Development of Sun City
Georgetown, located east of North Lake Subdivision (unrecorded) -- Hildy Kingma and Ed Barry
Motion by Lyda, second by Tonn to defer this item. Approved 7-0.
R Consideration of authorizing the Mayor to execute Amendment No. 4 to the Development Agreement
with Del Webb Texas Limited Partnership concerning the development of the Planned Unit Development
of Sun City Georgetown -- Marianne Banks and Bob Hart
Motion by Lyda, second by Tonn to defer this item. Approved 7-0.
S First reading of an ordinance amending the 1998/99 Annual Operating Plan Element (budget) for various
mid -year adjustments as outlined during the May 11, 1999 Mid Year Review Report to Council -- Susan L.
Morgan
Susan Morgan read only the caption of the ordinance after having satisfied the requirements of the City
Charter.
Motion by Tonn, second by Barton to approve the ordinance on first reading. Approved 7-0.
T Consideration of appointment of two councilmembers to the Capital Area Planning Council (CAPCO)
General Assembly -- Mayor Kersch
Motion by Bain, second by Burson to approve appointment of Barton and Hoyt. Approved 7-0.
U Consideration of appointment of eleven people to the new Youth Advisory Board -- Murray Blackman
Blackman informed the Council that 40 applications were received. Bain asked why there was only one 8th
grader. Blackman said there was only one 8th grader who applied. Lyda asked if the chosen kids
represented the whole city. Blackman said that they tried to make the board as diverse as possible. He
said the kids were chosen from the ETJ as well as from within the city limits. Burson, who served on the
panel, explained the selection process.
City Council Minutes/June 8, 1999
Page 7 of 8 Pages
Motion by Lyda, second by Bain to approve the appointment of Elizabeth Brogan, Megan Gooch, Millie
Womack, Kristen Ray, Teri Dube, Joshua Rosenthal, Audrey Peterman, Troy Wiede, Matt Jones, Amanda
Smith and Daniel Robles to the Youth Advisory Board. Approved 7-0.
Regular session was recessed for the Executive Session at 9:26 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:
V Sec.551.071 consultation with attorney
W Sec.551.072 deliberation on real property
Z Sec.551.075 conference with employee
Regular Session
9:44 p.m. - returned from Executive Session.
AA Action from Executive Session.
There was no action from the Executive Session.
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meetingThe was adjourned 09:47 PM.
IbTproved
'Mayor MaryEllen Kersch
City Council Minutes/June 8, 1999
Page 8 of 8 Pages
Attest,, -2
City Secretary Sandra Lee