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Mayor Ringer announced that Agenda Item No. 8 and 9 were withdrawn from the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
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