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HomeMy WebLinkAboutMIN 12.12.2000 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor MaryEilen Kersch presiding. Council Present: Council Absent: Charles "Noss" Burson, Ferd Tonn, Susan Lee Bain Hoyt, Sam Pfiester, Llorente Navarrette, Clark Lyda Staff Present. George Russell, City Manager; Marianne Banks, City Attorney; Sandra Lee, City Secretary; Jim Briggs, Director of Community Owned Utilities; Verna Browning, Director of Community Services; Kathy Ragsdale, Utility Office Director; James Baker, Development Technician; Terry Jones, Purchasing Director; Mike Mayben, Energy Services Manager; Pablo Holguin, Director of Organizational Development; Anthony Lincoln, Fire Chief; Dave Hall, Building Official; David Munk, Development Engineer; Jim Babcock, Development Technician; Eric Lashley, Library Director; Travis McLain, Airport Manager; Debbie Charbonneau, Main Street Coordinator; Cathy Riedel, Assistant City Attorney, Judy Fabry, Library Staff Assistant A Proposed Competitive Fee Analysis Project -- Micki Rundell Director of Community -Owned Utilities Jim Briggs, gave a slide presentation to the Council regarding the proposed project, saying that the consultant has recommended a steering committee, and will begin by visiting with the Council to get their input. 4:28 p.m. recessed to Executive Session 4:41 p.m. returned to Open Session B Discussion of Zoning Ordinance provision concerning accessory dwelling units in the RS zoning district -- Beane Heldenfels and Dave Hall Development Technician James Baker gave Council a slide presentation showing the property at 310 West University Avenue, subject of a first reading for a rezoning on this meeting agenda. He explained the options available to the Council. Bill Bryce, 308 E. University Avenue, warned Council against establishing a specific permit for the residence that would stay with the residence even if the owner changed. City Council Meeting Minutes/December 13, 2000 Page 1 of 8 Pages Sarah Bryce, 308 E. University Avenue, gave examples of why she didn't think the Council should allow the special accomodations for the property in question. Renee Hanson, 1251 Austin Avenue, Chair of the Heart of Georgetown Association, said she had received phone calls from people in the neighborhood who would prefer that Council not allow the special permit, but if they did, to make special restrictions to prevent future problems. 5:00 p.m. -- recessed for Executive Session ATMERVEIRTATE Mea C Sec.551.074 personnel matters -City Attorney Job Description -Process and hiring of Assistant Municipal Court Judge D Sec.551.071 consultation with attorney - Pending Litigation -City and George Russell, in his official capacity as Acting City Manager and Officer for Public Information v. John W. Cornyn, Attorney General of Texas; Cause No. 00-0453; In the Supreme Court of Texas -City and George Russell, in his official capacity as Acting City Manager and as Office for Public Information v. John W. Cornyn, Attorney General of Texas; Cause No. GV -001865 (353rd District Court of Travis County) -Dome) v. City, Cause No. 94-020-C368 (368th District Court, Williamson County) -Georgetown Waterpark, Ltd. v. City, et al.; Cause No. 00-209-C277 (277th District Court of Williamson County) -Walker and Shell Road Golf Center, Inc. v. City; Cause No. 00-083-C277 (277th District Court, Williamson County) -Wallace v. William Joseph Pascoe, Jr., Gary Todd Terbush, David Morgan, Chief of Police and City; Cause No. A -00 -CA -609 -SS; U.S. District Court for the Western District of Texas -City v. Doug and Doris Pierce; Cause No. 00-552-C26 (26th District Court, Williamson County) -City v. Days Inn of Georgetown and Ramabhai L. Patel and Shantaben R. Patel d/b/a Days Inn of Georgetown, Cause No. 98-444-C368 (on appeal to Third Court of Appeals) -Potential Litigation -Code Enforcement Actions -Legal/Risk Management Issues E Sec.551.072 deliberation on real property -Purchase of property for use for city facilities -Lease of Grace Heritage Center F Sec.551.086 deliberation regarding economic development -Discussion concerning industrial prospects and possible direction to City Manager concerning economic development incentives G Sec.551.086 competitive matters -Consideration and possible action on resolution concerning discussion and action on competitive matters under the Texas Open Meetings Act and disclosure of documents related to competitive matters under the Texas Public Information Act -Consideration and possible action on an agreement to purchase wholesale power Called to order at 6:35 p.m. H Comments from the dais regarding the following items: - Opening Comments and Welcome to Audience Kersch welcomed the audience and gave a brief outline of Council Meeting procedures. - Mayor's Comments - Report on meeting with Williamson County Council on Domestic Violence Kersch reported on the second meeting of this group. - Report on "Understanding Local Government Law in Texas" Seminar Kersch reported that she had attended this seminar and received very valuable information. - List of Topics from Executive Session Banks listed the topics discussed by Council in Executive Session. - Discussion of Upcoming Workshops and Council Calendar City Council Meeting Minutes/December 13, 2000 Page 2 of 8 Pages - Requirements for connectivity of roads - Code enforcement options, i.e., ordinance possibilities to close gaps on repeat offenders - Adoption of Council Ethics Ordinance - Council development of goals, objectives, and method of self-evaluation - Review of Charter regarding requisite Council policies Lyda asked that the Council meet with the Economic Development Commission in January. - Reports from Councilmembers regarding committee assignments - Capital Area Planning Council - Finance - Fire and Police Navarrette reported on recent meeting where they discussed recruiting and training of new and current fire and police employees. He distributed a memo to Council from Chief Lincoln regarding utilizing some of the City's existing property for training programs, saying he would like for this information to be included in the facilities study. - Planning and Development Lyda will schedule a meeting of the Planning and Development Subcommit for the first part of January regarding annextion policy. - Sanitation - Utilities and Transportation Pfiester reported on a meeting this afternoon regarding bidding practises, and noted that stormwater drainage issues would be discussed at the next meeting. - Williamson -Burnet County Opportunities - Report from Councilmembers regarding recent Texas Municipal League Conference Tonn said Georgetown was mentioned in the discussion on Open Meetings at the Conference. - Reports from Boards and Commissions - Convention and Visitors' Bureau Board Kersch noted that Convention and Visitors Bureau (CVB) Chairman Rusty Winkstern was not in attendance but had provided a letter to the Council asking to suspend CVB meetings until the Economic Development Commission has determined the future for the CVB. Report from City Manager on issues affecting City Operations -- George Russell - Announcement of Awards from Employee Recognition Banquet Russell listed the employees that had received awards at the recent banquet. - Report on bus lane at Benold Elementary School Russell reported on the negotiations with the School District. - Status of vacant positions Russell reported improvement on the status of the various vacant positions. Russell reported that due to the ice -related tree damage, City residents could place tree limbs at the curb to be picked up on Saturday, December 16, Sunday, December 17, Saturday, December 30, and Saturday, January 6 from 8:00 a.m. until 3:00 p.m. and the collection station would accept at no charge, brush and tree limbs brought in by residents on the following dates: Saturday, December 16, Sunday, December 17, Saturday, December 23, and Saturday, December 30. J Action from Executive Session items from Monday, December 11 and/or Tuesday, December 12, 2000 There was no action from Executive Session. K Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate David Burdick, 501 Serenada Drive, regarding water damage to his house resulting from work done by Community Owned Utilities. Burdick called to reschedule for the first meeting in January. Statutory Consent Agenda L Consideration of approval of the minutes for the Special Council Meeting of Monday, November 27, the Regular Council Meeting of Tuesday, November 28, and the Special Council Meeting of Wednesday, November 29, 2000 -- Sandra Lee City Council Meeting Minutes/December 13, 2000 Page 3 of 8 Pages M Consideration of approval of authorizing the purchase of software and implementation services from Incode, Inc. for an integrated Human Resources, Financial and Customer Information System -- Tom Yantis N Consideration of approval of authorizing the extension of the current contract with AvFuel Corporation to provide avgas and jet fuel to the Georgetown Municipal Airport in the estimated amount of $700,000.00 -- Terry Jones and Verna Browning 0 Consideration of acceptance of the City's Investment Report for the Quarter Ended September 30, 2000 -- Laurie Brewer and Micki Rundell P Consideration of approval of a resolution revising the current City of Georgetown Investment Policy -- Laurie Brewer and Micki Rundell Q Consideration of approval of a resolution authorizing a participation agreement with "TexasTERM", a public funds investment pool -- Laurie Brewer and Micki Rundell R Consideration of approval of an amendment to the Municipal Solid Waste Collection and Disposal Service Contract with Texas Disposal Systems, adding Collection Station operation, changing payment rates and performance standards -- Verna Browning (pulled by Navarrette) Motion by Tonn, second by Burson to approve the Consent Agenda with the correction noted to the minutes and with the exception of Item R. Approved 5-0. (Hoyt had left the dais) Legislative Regular Agenda R Consideration of approval of an amendment to the Municipal Solid Waste Collection and Disposal Service Contract with Texas Disposal Systems, adding Collection Station operation, changing payment rates and performance standards -- Verna Browning (pulled by Navarrette) Motion by Tonn, second by Burson to approve. Approved 4-1. (Navarrette opposed) J Action from Executive Session items from Monday, December 11 and/or Tuesday, December 12, 2000 Motion by Navarrette, second by Lyda to approve the contract with the Heritage Society as presented and read by Renee Hanson in the timelines for Exhibit B. Approved 5-0. Motion by Navarrette to authorize expenditure of $25,000 to Strasburger and Price to defend the law suit brought about by the Water Park Group. Approved 5-0. S Council Policy 1. Consideration of adoption of Policy on Review/Approval of Abandonment of Easements and Streets Rights-of-Way--Leane Heldenfels and Dave -Hall (this item was pulled by Heldenfels and Hall) 2. Consideration of adoption of Policy on Distribution of Mail to Mayor and Councilmembers -- Marianne Banks Motion by Lyda and second by Pfiester to approve the adoption of the policy. Approved 4-1. (Tonn opposed) 3. Consideration of vacation of Policy on Waiver of Building Fees --Marianne Banks Motion by Pfiester, second by Lyda to approve the policy. Approved 3-2. (Tonn and Navarrette opposed) 4. Discussion and possible action on adoption of an amendment to the City's Personnel Policy -- George Russell Russell explained the item and noted comparable policies in other cities. He suggested that language be added regarding equivalency of years of service. Lyda asked that the policy be brought back with specific language to that effect. Motion by Lyda, second by Pfiester to defer. Approved 5-0. City Council Meeting Minutes/December 13, 2000 Page 4 of 8 Pages T Consideration and possible action on direction to the Legal Department regarding (1) development of generic by-laws for Boards and Commissions, and (2) development of Council policy relating to an ordinance establishing, and by-laws institution and revision for, Council Boards, Commissions, and Committees -- MaryEllen Kersch Motion by Pfiester, second by Navarrette to accept Mayor's recommendations that ex -officio members not be allowed, that chairs be allowed to vote, and that any member could put an item on their agenda. Approved 5-0. Motion by Lyda, second by Pfiester to direct staff to bring back corrections to the ordinances in January. Approved 5-0. U Consideration and possible action regarding the renewal of the agreement to continue a Main Street Program as part of Georgetown's Economic Development Program -- MaryEllen Kersch Motion by Lyda, second by Pfiester to approve the renewal of the contract for another year with the condition that the City be allowed to expand the district to include the entire downtown business district and that the City be allowed to use staff resources as determined by the City to serve the downtown program and the rest of the community. Approved 5-0. V Consideration of approval of authorizing the Mayor to execute a contract with Winter & Company, Parshall & Associates, Urban Prospects, and Duncan & Associates, for consultant services developing Design Guidelines and Overlay Ordinance for the Downtown Business District -- Renee Hanson and Dave Hall Hanson informed Council that she is still in negotiation with several consulting services who will combine to perform the services requested for just under $38,000 in a timeframe of 90 to 120 days. 7:58 p.m. -- recess 8:10 p.m. -- returned Navarrette asked about the feedback from the community and said he thinks this is a worthwhile venture, but asked why the funding would come from the Council Contingency Fund. Lyda pointed out that the Contingency Fund had been expanded to include this project as well as others. At Banks suggestion, a contract will be brought back to the Council for approval after review by the City Attorney. Hanson suggested that the Council give assurance to the four parties to make sure there will be a contract. Motion by Lyda, second by Navarrette to authorize the City Manager to negotiate a contract with Winter and Company consistent with the proposal as provided to be submitted to the Council for approval at the first or second meeting in January. Approved 5-0. X5 Second Reading of an ordinance rezoning South San Gabriel Urban Renewal Subdivision, Block U, Lot 9, from RS, Residential Single Family to RM -2, Multiple Family District, or any more restrictive use, located at 501 W. 6th Street -- Carla Benton and Dave Hall Jack Webernick, Attorney representing Livvy and Milton Gault, noted to Council that his clients are requesting permission to operate a bail bond company and the RM -2 zoning would not allow that type of business. He noted that the previous use of the property was a restaurant which was "grandfathered." He presented a signed petition to the Council from residents of the area who say they have no opposition to the Gaults operating in that location. John Cutwright, Attorney, spoke on behalf of the Gaults. Jackie Martin, representing the Tanksley estates, noted that the estate owns two pieces of property in the vicinity and said no one in their family had been contacted regarding the rezoning. Roger Gault, representing Gault Bail Bond, spoke highly of his father, Livvy Gault, who started his bailbond business after retiring from another occupation over ten years ago. Joyce Perry said she didn't know there were objections to the ordinance. She said she didn't know about the petition and that she did not intend to get the business closed down. She said there was a meeting held about the boundaries of the downtown business district at which it was determined that the neighbors do not want any more commercial property on that side of the street. She said some people had signed the Gault petition under false information. She answered questions from Councilmembers, saying she is a member of the Downtown Business Design Committee and that she had permission from the president of the neighborhood association to speak against the rezoning. Navarrette pointed out that some of the people who signed the list do live around the subject property but City Council Meeting Minutes/December 13, 2000 Page 5 of 8 Pages don't actually own the property where they live and therefore, are not valid signers of the petition. He spoke highly of Ms. Perry and told of his knowledge that the neighborhood association has worked against commercial property encroaching into the neighborhood. He noted that many of the neighbors are unaware of the way the property was zoned under the San Gabriel Urban Renewal Plan. He said a person who purchases property should become aware of the zoning for that property. Motion by Lyda, second by Pfiester to defer to the January 9 Council Meeting. Approved 4-1. (Navarrette opposed) 9:00 p.m. recessed -- 9:15 p.m. resumed Y2. First Reading of an Ordinance rezoning Lost Addition, 0.165 of an acre, part of Block 69, from RS, Residential Single Family, to RM -1, Residential Multi -Family, with conditions, or any more restricted district, located at 310 West University Avenue. OR, First Reading of a revision to Section 3.102 of the Zoning Ordinance to amend the two-family dwelling definition for special permits in RS zones. OR, First Reading of an Ordinance amending Parts Two, Three and Eighteen of the Zoning Ordinance and Ordinance amending Section 7000 of the Subdivision Regulations to allow limited use of accessory dwelling units -- James Baker and Dave Hall Bill Bryce, told Council that Old Town is vulnerable and has not had the benefit of deed restrictions. He warned that if two kitchens are allowed, there could eventually be more than one family living on the property. Renee Hanson said most of the people who contacted her have not been in favor of changing the ordinance, but if it is changed, she hoped there would be as much control for the Council as possible. There was much deliberation by the Council. Motion by Tonn, second by Navarrette to deny the request to rezone and leave the property zoned as it is. Approved 3-2. (Lyda and Burson opposed) W Consideration of selection of a consultant to do a needs assessment for the Georgetown Public Library and authorization for contract negotiations -- Eric Lashley and Verna Browning Lashley shared the process for choosing a consultant and asked for Council's confirmation of their recommendation of Hidell and Associates, the architect of the present building. Motion by Pfiester, second by Lyda to select Hidell and Associates to do a needs assessment for the Library and bring the contract back no later than the second meeting in January. Approved 4-1. (Burson opposed) X Second Readings 1. Second Reading of an ordinance amending Title 14 of the Code of Ordinances of the City of Georgetown to add Master Cable Services Regulations to regulate the granting of cable franchises and provide for uniform cable franchsie regulations -- Cathy Riedel and Marianne Banks Motion by Lyda, second by Burson to approve Ordinance 2000-68. Approved 5-0, 2. Second Reading of an Ordinance amending the 199912000 Annual Operating Plan Element (Budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests and revenue collection rates -- Laurie Brewer and Micki Rundell Motion by Lyda, second by Burson to approve Ordinance 2000-69. Approved 5-0. 3. Second Reading of an ordinance providing for the annexation into the City of 6.950 acres in the Frances A. Hudson Survey, to be known as the B and T Subdivision, Lot 1, located along the S. IH35 frontage road -- James Baker and Dave Hall Motion by Lyda, second by Burson to approve Ordinance 2000-70. Approved 5-0. 4. Second Reading of an ordinance amending Sections 30000 and 70000 of the Subdivision Regulations to permit accessory structures to be placed up to seven (7) feet from a rear property line -- Leane Heldenfels and Dave Hall Motion by Lyda, second by Tonn to approve Ordinance No. 2000-71. Aproved 4-1. (Navarrette opposed) 5. Second Reading of an ordinance rezoning South San Gabriel Urban Renewal City Council Meeting Minutes/December 13, 2000 Page 6 of 8 Pages Subdivision, Block U, Lot 9, from RS, Residential Single Family to RM -2, Multiple Family District, or any more restrictive use, located at 501 W. 6th Street -- Carla Benton and Dave Hall This item was handled previously following Item V. Y First Readings 1. First Reading of ordinance amending Chapter 13.32.120 of the Code of Ordinances relating to exceptions and exemptions from water and wastewater impact fees -- Marianne Banks Banks noted that this amendment takes out the exemption for government and church -owned property. Banks read only the caption on first reading after having satisfied the requirements of the City Charter. Motion by Pfiester, second by Lyda to approve the ordinance on first reading. Approved 4-1. (Navarrette opposed) 2. First Reading of an Ordinance rezoning Lost Addition, 0.165 of an acre, part of Block 69, from RS, Residential Single Family, to RM -1, Residential Multi -Family, with conditions, or any more restricted district, located at 310 West University Avenue. OR, First Reading of a revision to Section 3.102 of the Zoning Ordinance to amend the two-family dwelling definition for special permits in RS zones. OR, First Reading of an Ordinance amending Parts Two, Three and Eighteen of the Zoning Ordinance and Ordinance amending Section 7000 of the Subdivision Regulations to allow limited use of accessory dwelling units -- James Baker and Dave Hall This item was handled previously following Item X-5. 3. First Reading of an ordinance rezoning 0.696 of an acre in the A. Flores Survey, from RS, Residential Single Family to C-1, Local Commercial, or any more restrictive district, located at 2308 CR151 (Old Airport Road) -- James Baker and Dave Hall Baker read only the caption of the ordinance after having satisfied the requirements of the City Charter. Baker explained the purpose of the rezoning. Motion by Pfiester, second by Navarrette to approve the ordinance on first reading. Approved 4-0. (Lyda abstained) 4. First Reading of an ordinance rezoning the B and T Subdivision, Lot 1, from A, Agricultural, to C -2A, Commercial First Height, or any more restrictive district, located at South IH35 frontage road -- James Baker and Dave Hall Baker read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Pfiester, second by Navarrette to approve the ordinance on first reading. Approved 5-0. Z Consideration and possible action on adoption of a new job description for the City Attorney -- Marianne Banks Banks read a provision that she added at the request of Lyda. Motion by Tonn, second by Lyda to add the revision as read by Banks. Approved 5-0. AA Consideration and possible action to approve an electric power contract between the City of Georgetown and Calpine Power Services Company to provide ten percent (10%) of the City's electric power -- Mike Mayben and Jim Briggs Motion by Navarrrette, second by Tonn to approve a resolution read by the City Attorney allowing Council to take action on this item in Executive Session. Approved 5-0. At this time, it was discovered that the captions of the ordinances for second reading had not been read. Banks and Hall read the captions of the ordinances on second reading. Motion by Lyda, second by Tonn to approve Ordinances 2000-68, 69, and 70 (Items X1 -X3) Approved 4-0. (Burson absent from the dais) Motion by Lyda, second by Tonn to approve Ordinance 2000-71. (Item X4) Approved 3-1. (Navarrette opposed) (Burson absent from dais) City Council Meeting Minutes/December 13, 2000 Page 7 of 8 Pages 10:24 p.m. - recessed to Executive Session 11:12 p.m. -- returned to Open Session There was no action from Executive Session. 11:12 P.M. -- Motion by Lyda, second Burson to adjourn. Approved 5-0. The meeting was adjourned at 10:30 PM. ayor MaryEllen Kersch City Council Meeting Minutes/December 13, 2000 Page 8 of 8 Pages City Secretary Sandra