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HomeMy WebLinkAbout11/11/1992 - Workshop Minutes City Council MINUTNS CITY COUNCIL WORKSHOP 1Vffi~G WEDNNSDAY, NOVEMBER 11, 1992 4:00 P.M. ~OUNCILMEMBER$ PRN~ENT: Mayor Ringer, Councilmembers Brown, Schneider, McIlhaney, Gardner, Kennady, Crouch City Manager Ragland, Assistant City Manager Woody, Assistant City Manager Brymer, City Attorney Locke, Executive Director Management Services Piwonka, Asst. Finance Director Cryan, Purchasing Agent Kettler, City Secretary Hooks, Fire Chief Kennedy, Development Services Director Ash, City Engineer Pullen, Asst. City Attorney Nemcik, Asst. City Attorney Coates, City Planner Callaway, Transportation Planner Hard, Asst. Director Management Services Shear See guest register Mayor Ringer called the meeting to order at 4:00 p.m. 1A~n~ I~em No. 1 - Discussion of consent agenda items listed on Thursday, November consent agenda. Councilman Crouch removed Agenda Item No. 3.9 and 3.13. Councilman Kennady removed Agenda Item No. 3.18. Item No. 3.9 - Approval of award of contract for construction of Brandon Heights/Southwood Valley Drainage improvements, SD-9201. Councilman Crouch asked if staff was in a position to formulate a drainage utility assessment policy. City Manager Ragland replied the city council should adopt a comprehensive policy to address a drainage district prior to the development of a policy. Item No. 3.13 - Approval for staff to negotiate with ranked engineering firms for design and testing services at the Rock Prairie Road Landfill- Sanitation Superintendent Jim Smith explained the top two firms performed similar projects. Mr. Smith remarked that a local firm will also be involved in the process. Councilman Kennady requested that Agenda Item No. 3.18 remain on the consent agenda. Mayor Ringer announced that Agenda Item No. 8 and 9 were withdrawn from the regular agenda by the applicant. City Council Workshop Meeting Wednesday, November 11, 1992 Page 2 Electrical Superintendent Ray Havens presented slides of non-uniform street lighting standards throughout the city. He added that a street light design policy does not exist. Mr. Havens highlighted the proposed amendments to the ordinance to address street light spacing, design, and installation. Also presented were slides of thoroughfare lighting and preferred types of poles and fixtures. Councilman McIlhaney asked if there are lights along the East and West Bypass. Mr. Ragland replied that he has spoken with the new District Engineer regarding similar questions. Councilman Schneider asked who is responsible for lighting along University Drive. Mr. Havens replied that three entities are responsible; the Highway Department, the City, and the University. These groups are working toward an efficient ~peration for this area. The city maintains the traffic lights along University Drive. Councilman Gardner commented that lighting is only on one side of certain streets. Mr. Ragland stated the thoroughfare lighting policy would address these needs. Mr. Gardner commented that there are fixtures at H.E.B without appropriate lighting. Mr. Havens appreciated comments from the council. Councilman Crouch suggested methods to determine which streets should be addressed first. Mayor Ringer stated this is an important step for the city to establish design guidelines, criteria and standards for street lighting. Ao~nrln Itnm No. 3 - Di.~n_~inn o~ a orooo_sed develonment n~m~ement with Vauohn She'd ~r~ark f_m'_ the development of a s~on to be ]mown ns Windwood Phnse-Seven- Development Services Director Ash presented this item. Mr. Ash referred to Exhibit B in the packet materials, a preliminary plat adopted by the Council on February 24, 1983. He explained that at the time of platting this pro. perty, the plan was to extend Fringewood to the Bypass frontage road for service as an access road to the Windwood Subdivision. Recently, the developer approached the staff about the remaining portion of the Windwood Subdivision, the undeveloped 9.953 acre tract. This developer questioned the city's intent on his part to build Fringewood to the frontage road. The developer also expressed concern about this through street because the development of this street fronting single family lots may lessen the property value. Mr. Ash continued to state that staff reviewed these concerns and discussed alternate solutions. The staff suggested that the developer allocate monies for future construction of the roadway. During negotiations of the agreement, the developer asked staff if they would be interested in receiving a 1/3 acre tract of parkland at the end of Appomattox Drive in lieu of his cost participation in the construction of the roadway. The Parks City Council Workshop Meeting Wednesday, November 11, 1992 Page 3 Department agreed this land would benefit the city for use as a neighborhood park. Ash pointed out that the developer's cost for construction of Fringewood is approximately $19,000. Mr. Councilman Gardner reported on the discussion held in the Development Policies Subcommittee meeting prior to this council meeting. The subcommittee recommended the development agreement proposed by staff. Councilman McIlhaney referred to the letter received from the Windwood Subdivision Homeowner's Association. Item. No. _4-_ Disamion of a d devel nt ment with_ ~___l~__nia ~ for the_ ~vel~t ~ a subdivision located west of Brandon He~ Westchester Park, and Wilrmms Court Subdivi~'on. Development Services Director ASh presented this item. He referred to his letter delivered to the Council prior to this meeting explaining this item in further detail. Mr. ASh reviewed the history of this plat. He remarked the development agreement was written in the best interest of the city. Mr. ASh further stated that Victoria Street will be a continuous street from Graham Road through to Rock Prairie Road. The City Council agreed at the June llth meeting to pay for the cost of design and construction of the portion from Arnold Road north to North Graham Road and the southern portion of Victoria Road to Graham Road. Begonia Corporation would pay for the small portion of Victoria with the city participating in oversize participation with the developer. Mr. Ash stated this development agreement will allow the developer to develop Phase I without the construction of the middle portion of Victoria at this time. The reason is because this portion of Victoria is a gravel roadway and the city could enter into a design contract with the developer's engineer, McClure Engineering to design the entire portion of Victoria and bid it as a complete street project, whereby postponing the developer's participation until such time this was done as a complete project. The city has entered into a contract with McClure for the design of the roadway. The development agreement establishes criteria for Begonia Corporation to pay the city for the design and construction of this section of roadway. The agreement also designates Begonia Corporation as the construction manager for the entire section of roadway when it is bid. Mr. Ash explained further that a 10 acre tract is reserved as parkland for this development along with a detention facility. As soon as the phases are constructed, the developer shall be responsible for the construction of the detention facility. However, the city shall assume the responsibility for the maintenance of the parkland and detention area. The development agreement also provides for the developer to grant $25,000 to the city to be allocated toward landscaping of the park and detention facility. Mr. Ash clarified questions from the Council. Steve Arden and his legal representative, Bill Thornton came forward. City Attorney City Council Workshop Meeting Wednesday, November 11, 1992 Page 4 Locke and Assistant City Attorney Roxanne Nemcik approached the Council. Mr. Thornton remarked his client had concerns about several items in the development agreement. Conceptually, Mr. Arden did not disagree with the development agreement. Mr. Thornton addressed specific segments in the agreement. He began with page 4 of the agreement. He requested that the City make checks payable to the contractor. City Attorney Locke replied that she will need to look into the impact of such a change. Mr. Thornton continued to page 6 paragraph (b). He requested that the amount of $20,046 be included in the last sentence. Next item addressed was page 7, paragraph (d). He requested that the statement on confession of judgment be deleted from the paragraph. Discussion was held. Asst. City Attorney Nemcik explained two reasons why this provision was placed in the agreement. First, there may be a reason why the city could not collect on the letter of credit, etc. or default for construction of the road. Secondly, the negotiations of the agreement are based on estimates. Mr. Thornton added a sentence to Page 8, paragraph (c) as follows. "Begonia agrees to pay up to the amount it would pay for said street, if Begonia constructed said street with city participation and said street has the same design standards as the adjoining paid portion of Rock Prairie Road." City Attorney Locke remarked that this addition places no incentive on the developer to build the road. Mr. Ash replied that the only amounts at this time would be estimates of the roadway. It would be very difficult to define an amount at this time. Mr. Arden commented that he intended not to avoid constructing Rock Prairie Road, but the issue is timing. And, if the city were to build the road, it should not cost the developer more than if it were constructed by the developer. Discussion was held on the cost to the city or the developer. City Manager Ragland stated that it is uncertain who will build the road, the city or developer. Also, there are no firm cost until bids are received. It might be reasonable for everyone to agree on an amount not to exceed a maximum amount based on the numbers known today. Mayor Ringer repeated timing is the issue. Mr. ASh reiterated that it is very difficult to agree on a specific cost. He added that Begonia Corporation is willing to build the roadway. Councilman Brown asked why this development agreement has come before the Council when the details have not been completed. Mayor Ringer replied that in part many of these issues were raised after the council received the packets and Mr. Arden asked to address the Council. The agreement was developed by staff with their understanding of the council's desires and limitations. If City Council Workshop Meeting Wednesday, November 11, 1992 Page 5 council chooses other types of considerations, direction should be given to staff. Mr. Thornton continued to page 9 (1)(a). He requested the term "or under" be deleted from this paragraph. Staff and Council concurred. He continued to page 10, paragraph (h), the second sentence. He asked that deletion of any reference to a letter of credit be deleted. He also requested that cash payment of $25,000 be made prior to the recorded final Phase A-4 plat. Mr. Ash mentioned that Phase A-1 reflects parkland dedication. Staff agreed to a cash settlement of $25,000 payable at the first plat of A-1. Mr. Thornton referred to page 12. He added wording as follows: "The portion to be paid by Begonia shall be determined by said Engineer based upon Begonia's share of the drainage area within Phase A-I." Mayor Ringer pointed out that reference of Edelweiss Subdivision in the development agreement implied any property owned by Begonia. Councilman McIlhaney concurred. Changes were not made. Mr. Thornton referred to page 14. He asked Ms. Locke why the agreement is filed in the county records. She replied that this document must be filed at the County because we want to notify any future property owners that there is an agreement that allows for a lien to be placed on the property. Mr. Thornton remarked that he did not agree with the confession of judgment in paragraph 10. Mr. Thornton asked why a sworn statement must be filed with the City Attorney. Mayor Ringer stated that the City Attorney has legal knowledge about the agreement process. Mr. Thornton referred to the last sentence of paragraph 13. Ms. Locke replied that the city requires an indemnity provision. Discussion was held on the significance of the lien instrument and the impact of the lien to Begonia Corporation and the City. Mr. Arden pointed out the development cannot continue if the developer has to pay for constructing Rock Prairie at the point of Phase I. City Manager Ragland stated that the city's main concern is the developer taking advantage of building all the developable land up to a point and walking away without building Rock Prairie. Staff has bypassed the subdivision ordinance requirements. Further, the lien instrument is a security for the city. In his opinion, the legitimate way to handle this is to spread the cost of Rock Prairie over the entire subdivision and place in escrow every time you plat a section of it. This matter was discussed previously and the developer did not agree to this. So the other question was, what security does the city have in granting the developer these approvals as he moves along and the city not finding itself caught in the same predicament it has seen before. Mr. Arden responded that the city cannot develop other phases if Rock Prairie is being constructed. City Council Workshop Meeting Wednesday, November 11, 1992 Page 6 Mayor Ringer responde, d that the developer would not be assessed unless Rock Prairie Road were built at city s cost prior to the developer constructing one of those areas. Additional comments were made regarding the number of lots to satisfy the lien requirements. Mayor Ringer presented the council's options. 1. To accept the development agreement as written. 2. To make changes and direct staff to place this changes in the agreement 3. Indicate the concerns addressed by Mr. Thornton and Mr. Arden which the Council is willing to consider and asked staff to consider these and report back to the Council. 4. Disregard the development agreement. Assistant City Manager Tom Brymer commented that the staff was comfortable with the agreement as written. This agreement was developed based upon the council's guidance at the June lOth meeting. Mayor Ringer restated the list of items presented by the developer. Following careful consideration, the councilmembers decided to consider the following changes based on staff review: .~1) The suggestion for city to submit checks payable directly to the contractors, city Attorney Locke stated that she would research this issue if Mr. Arden felt this change was necessary; and, (2) the concerns addressed toward lien restrictions. Lengthy discussion was directed toward the properties to which the lien document may apply. Mayor Ringer proposed three scenarios for the lien restrictions: 3o) All property north of North Graham Road 2) All property excluding Phases 1, 2, and 3, or ) All property uncilman Crouch, Brown, and Schneider suggested the lien include all property north of North Graham Road, and Mayor Ringer, C6uncilman Kennady, and Mcllhaney suggested the lien include all property excluding Phases 1, 2, and 3. Councilman Gardner also agreed with the second scenario. A final decision was not made. Mr. Arden requested this item be delayed and withdraw consideration of this item from the regular agenda. Age_ nda Item No. 5 - Cotm_m'l Councilman McIlhaney remarked she would like to receive a presentation by the Certified Development Corporation on a workshop agenda. Councilman Kennady made a request for the Development Policies Subcommittee to develop parameters for residential developments. Staff will be working on this issue. Councilman Brown stated at the last subcommittee meeting with the ad hoc School City Council Workshop Meeting Wednesday, November 11, 1992 Page 7 Board committee, the School Board members asked for council input about the school's plans for Oakwood School with respect to possibly pursuing negotiations to purchase the Conference Center. Mayor Ringer asked if there are any reasons why we would not pursue this if the city received adequate compensation and provided the center's needs elsewhere. Councilman McIlhaney requested that the School Board present alternative proposals to the Council. Mayor Ringer expressed concern that the Executive Sessions at the end of the meeting were non-productive. He suggested two changes. 1) hold executive sessions at end of workshop meeting or 2) hold executive sessions at 6:00 p.m. The consensus of the council was to set executive sessions at 6:00 p.m. beginning in December. A~nda Item No. 6 - City Manager Comments. No comments were received by the City Manager. A~nda Imm No. 7 - Adjourn. Mayor Ringer adjourned the meeting at 7:20 p.m. APPROVED: GUEST REGISTER CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 11, 1992 4:00 P.M 11. 12. 13. 14. 15. 16. 17. 18. 19. 10. 20.