HomeMy WebLinkAboutMIN 11.14.2000 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the
above date with Mayor MaryEllen Kersch presiding.
Council Present: Council Absent:
Ferd Tonn, Lee Bain, Susan Hoyt, Sam Charles "Hass" Burson, Clark Lyda
Pfiester, Llorente Navarrette
Staff Present:
George Russell, City Manager; Marianne Banks, City Attorney; Sandra Lee, City
Secretary; Tom Yantis, Assistant City Manager/Director of Information Resources; Jim
Briggs, Assistant City Manager/Director of Community Owned Utilities; Pablo Holguin,
Organizational Development Director; Micki Rundell, Finance and Administration
Director; Shelly Brown, Webmaster; Brenda Culver, Children's Program Coordinator;
Mike Stasny, Engineering Technician; Mark Miller, Street Superintendent; Carla
Benton, Development Technician; David Munk, Development Engineer; James Baker,
Development Planner; Laurie Brewer, Controller; Eric Lashley, Library Services
Director; Leane Heldenfels, Development Planner; Terry Jones, Purchasing Director
Called to order at 4:05 p.m.
A Discussion regarding the implementation of the City's new Code Enforcement Software and the plans for
on-line issue entry via the web site -- Shelly Cameron and Tom Yantis
Cameron and
Yantis did a slide presentation
demonstrating the new code enforcement software. They
pointed out that
the software can be used for
any customer service
program, saying regarding code
enforcement,
citizens
can contact
the City
by
phone
or e-mail
their
issue and
enter
it on
the web
site.
B Discussion regarding Council priorities for the City of Georgetown Web Site -- Shelly Cameron and Tom
Yantis
Council requested that agendas and minutes of posted meetings be added to the Web Site. Yantis noted
that on-line utility bill payments will be possible by next summer.
SessionRegular Session == to convene Executive Session, if necessary
Executive
C Sec.551.074 personnel matters
- Process for evaluating Council appointees
- Evaluation of City Secretary
- Evaluation of Municipal Judge
- City Attorney Job Description
City Council Meeting Minutes/November 14, 2000
Page 1 of 8 Pages
D
Sec.551.071 consultation with attorney
- Opening Comments and Welcome to Audience
- Pending Litigation
- Mayor's Comments
-City and George Russell, in his official capacity as Acting City Manager and Officer for Public
- Recent misrepresentations in the Austin American Statesman
Information v. John W. Cornyn, Attorney General of Texas; Cause No. 00-0453; In the Supreme Court
Pfiester corrected information in a recent article regarding a possible
of Texas
- Proclamation for Daughters of the American Revolution
-City and George Russell, in his official capacity as Acting City Manager and as Office for Public
Kersch read and presented the proclamation to a representative of
Information v. John W. Cornyn, Attorney General of Texas; Cause No. GV -001865 (353rd District Court
the DAR.
of Travis County)
- List of Topics from Executive Session
-Dome) v. City, Cause No. 94-020-C368 (368th District Court, Williamson County)
Banks read a list of items covered by the Council in their Executive
-Energy Transfer Group v. LCRA v. City; Cause No. 99-174-C277; (277th District Court, Williamson
2000.
County)
- Discussion of Upcoming Workshops and Council Calendar
-Georgetown Waterpark, Ltd. v. City, et al.; Cause No. 00-209-C277 (277th District Court of Williamson
Kersch reviewed the calendar with Council.
County)
- Reports from Councilmembers regarding committee assignments
-Walker and Shell Road Golf Center, Inc. v. City; Cause No. 00-083-C277 (277th District Court,
- Capital Area Planning Council
Williamson County)
- Finance
-Ryan v. City; Cause No. 00-210-C277; (277th District Court, Williamson County)
- Fire and Police
-Wallace v. William Joseph Pascoe, Jr., Gary Todd Terbush, David Morgan, Chief of Police and City;
Navarrette reported on a recent meeting.
Cause No. A -00 -CA -609 -SS; U.S. District Court for the Western District of Texas
- Planning and Development
-City v. Doug and Doris Pierce; Cause No. 00-552-C26 (26th District Court, Williamson County)
- Sanitation
- Potential Litigation
- Utilities and Transportation
- Code Enforcement Actions
Pfiester reported on a recent meeting and announced that the next
- Legal/Risk Management Issues
E
Sec.551.072 deliberation on real property
- Williamson -Burnet County Opportunities
- Purchase of property for use for city facilities
Tonn noted that the next meeting would be Monday, November 20,
- Lease with GISD
F
Sec.551.086 competitive matters
- Georgetown Youth Advisory Board (GYAB)
- Wholesale Power
G
Sec.551.086 deliberation regarding economic development
- Industrial prospect
Council did not enter into Executive Session at this meeting. Action from the Executive Session on Monday,
November 13, 2000 is listed below at Item J.
H Comments from the dais regarding the following items:
- Opening Comments and Welcome to Audience
- Mayor's Comments
- Recent misrepresentations in the Austin American Statesman
Pfiester corrected information in a recent article regarding a possible
building moratorium.
- Proclamation for Daughters of the American Revolution
Kersch read and presented the proclamation to a representative of
the Daniel Coleman Chapter of
the DAR.
- List of Topics from Executive Session
Banks read a list of items covered by the Council in their Executive
Session on November 13,
2000.
- Discussion of Upcoming Workshops and Council Calendar
Kersch reviewed the calendar with Council.
- Reports from Councilmembers regarding committee assignments
- Capital Area Planning Council
- Finance
- Fire and Police
Navarrette reported on a recent meeting.
- Planning and Development
- Sanitation
- Utilities and Transportation
Pfiester reported on a recent meeting and announced that the next
meeting would be November
21, at 3:00 p.m. at Development Services.
- Williamson -Burnet County Opportunities
Tonn noted that the next meeting would be Monday, November 20,
at 5:30 p.m. in Burnet.
- Reports from Boards and Commissions
- Georgetown Youth Advisory Board (GYAB)
City Council Meeting Minutes/November 14, 2000
Page 2 of 8 Pages
Brenda Culver, sponsor, introduced members of the GYAB who gave Council an overview of
recent projects.
Council congratulated Culver and the students on their accomplishments.
Report from City Manager on issues affecting City Operations -- George Russell
- Presentation of Government Finance Officers Association (GFOA) Budget Award for the 1999-2000
Budget Document
Russell introduced Finance Director Micki Rundell who presented the GFOA Award to the Council.
- Presentation of 2000/2001 Citizens' Guide to the Budget
Rundell distributed copies of the "Citizens' Guide" to the Council and noted that it would be an
insert in the City Letter that will be mailed to all utility customers and will be posted on the City of
Georgetown website.
J Action from Executive Session items from Monday, November 13 and/or Tuesday, November 14, 2000
Motion by Navarrette,
second
by Pfiester to
award
a 7.5% increase in salary for the City
Secretary and Municipal
Judge.
Approved 5-0.
(Burson
and Lyda absent)
Motion by Hoyt, second by Navarrette to approve up to $7,000 to W. H. Connor for litigation costs
for code enforcement case appeal and defense litigation for the City; to approve up to $35,000 to
Bickerstaff, Heath and Smiley for open government law research and briefing, and litigation
concerning two public information request appeals, including one appeal pending at the Texas
Supreme Court; to approve up to $25,000 to the Lloyd Gosselink law firm for water/wastewater
legal work and plant permitting, and defense litigation for the City; and to approve up to $10,000 to
Bailer and Herbst Law Group for cable franchise and telecommunications legal work, including
legal work for the Master Cable Regulatory Ordinance and resolution of the Cox Communications
franchise. Approved 5-0. (Burson and Lyda absent)
K Consideration of approval of the minutes for the Special Council Meeting of Monday, October 23, the
Regular Council Meeting of Tuesday, October 24, and the Special Council Meeting of Thursday, November
27 2000 -- Sandra Lee
L Annual Technology Maintenance Contracts
1. Consideration of authorizing staff to purchase of software support and application maintenance
for the Georgetown Financial Management Software System from Incode, Inc. -- Tom Yantis
2. Consideration of authorizing staff to purchase of software support, perifpheral and server
maintenance for the Georgetown Public Library from Epixtech -- Tom Yantis
3. Consideration of authorizing staff to purchase tehcnology training services from New Horizons --
Tom Yanits
4. Consideration of authorizing staff to purchase hardware maintenance and support for the City of
Georgetown;s IBM AIX computer systems and IBM network printers from IBM -- Tom Yantis
5. Consideration of authorizing staff to purchase software and related services for the City of
Georgetown from the Department of Information Resources through the Software House, for a
period of one year -- Tom Yantis
6. Consideration of authorizing staff to purchase hardware and installation services for the City of
Georgetown's Network Infrastructure from Carroll Systems LLP, through the Stateof Texas
purchasing catalogs, for a period of one year -- Tom Yantis
Navarrette asked Yantis to explain why these services do not fall under the vendor bid process.
Yantis explained that the catalog meets requirements under competitive bidding process.
M Consideration of authorizing the staff to negotiate a contract with Brinkley Sargent Architects for design
work on the C3 Facility and City Hall -- Terry Jones and Micki Rundell
Bain asked and Jones explained that Brinkley Sargent has worked with the City for over three years, giving
City Council Meeting Minutes/November 14, 2000
Page 3 of 8 Pages
them knowlege that would expedite the process. Russell noted the final contract would be brought to
Council for approval. He expressed that the intent is to use Brinkley Sargent for interior and a local
architect for exterior at no additional cost to the City. Pfiester suggested that in the future local architects
be considered.
N Consideration of the First Revised Public Review Final Plat of 469.70 acres in the A. Porter
Survey, to be known as Phase 1 of the Planned Unit Development of Cimarron Hills, located
7.8 miles west of Georgetown on SH29 -- David Munk and Dave Hall
O Consideration of a Detailed Development Plan of Georgetown Technology Park, Lots 1 and
3, to be known as Georgetown Fireplace and Patio, located on Sierra Way Street, with
Variances to the Subdivision Regulations -- Carla Benton and Dave Hall
Motion by Tonn, second by Hoyt to approve the Consent Agenda in its entirety. Approved 5-0.
P Report from Jim Briggs regarding recent deluge effects on city infrastructure -- MaryEllen Kersch
Briggs gave a slide presentation showing the drainage problems that resulted from the recent heavy rains.
Sherry Snyder, Highview Street, told Council that every time there is a rain the water comes within several
inches of her front door. She said the City has known about her particular problem for at least five years.
She told Council her house has been devalued by the Appraisal District due to the severe drainage
problems.
Q Discussion and possible action regarding approval of criteria for selection and scope of work for a
consultant to do a needs assessment for the Georgetown Public Library - Eric Lashley and Verna
Browning
Lashley distributed revised wording for the criterion for the Library Study at Council's direction from the
previous presentation. Hoyt asked that he narrow the selections before coming back to Council with a
recommendation.
Motion by Navarrette, second by Hoyt to approve the critria for the selection and the scope of work for the
needs assessment. Approved 5-0.
R Consideration of
a fee waiver
request and reimbursement for all building permit
and electrical utility
connect fees for
Georgetown
Healthcare medical office complex at 1990 Scenic
Drive. --Dave Hall
Motion by Navarrette, second by Hoyt to approve the fee waiver request and reimbursement. Motion was
denied 3-2. (Pfiester, Tonn, and Bain opposed)
Motion by Pfiester, second by Bain to reimburse the building permit fee only. Approved 5-0.
S Consideration of a fee waiver request and reimbursement for all building permit, utility connect and impact
fees for the English Georgetown Congregation of Jehovah's Witness Church at 1701 N. Austin Avenue --
Dave Hall
Motion by Navarrette, second by Pfiester to defer this item until the next Council Meeting. Approved 4-0.
(Bain abstained)
8:26 p.m. - recessed -- 8:43 p.m. resumed
T Consideration of policy direction for processing licenses to encroach into utility easements -- Leane
Heldenfels and Dave Hall
Heldenfels explained the item requesting Council approval for permission to use administrative authority to
process licenses to encroach. Banks explained that staff would also bring quit claim deeds back to Council
for permission for administrative authority. Council expressed the desire for applicants to appeal to Council
if denied by staff.
Motion by Bain, second by Hoyt to approve the proposed policy as stated in the Agenda Item Cover Sheet
with the addition that any requests that are administratively denied, may be brought by the applicant in
appeal to the City Council. Approved 5-0.
City Council Meeting Minutes/November 14, 2000
Page 4 of 8 Pages
1. Second reading of an ordinance amending Sec. 13.04.180 of the Georgetown Code of
Ordinances relating to Solid Waste Disposal Rates -- Verna Browning
Motion by Bain, second by Tonn to approve Ordinance No. 2000-58. Approved 4-1.
(Navarrette opposed)
2. Second reading of an ordinance Rezoning 18.7463 acres in the Frederick Foy
Survey, Abstract 229, to be known as the Planned Unit Development of Sun City
Georgetown, Phase 4-D, Neighborhood 17-B, from A, Agricultural to RP,
Residential Planned zoning, or any more restrictive district .-- James Baker and
David Hall
All four ordinance captions were read by Browning and Munk and voted on in one
motion. Motion by Bain, second by Pfiester to approve Items U-2, 3, and 4.
Ordinance No. 2000-59 was approved 5-0.
3. Second reading of an ordinance Rezoning 15.62 acres in the D. Monroe, J.
Sutherland and A. Williams Surveys, and Resubdivision of Fountainwood Estates,
Phase 2-A, from A, Agricultural to C-1, Local Commercial, or any more restrictive
district, to be known as Fountainwood Plaza -- David Munk and Dave Hall
All four ordinance captions were read by Browning and Munk and voted on in one motion. Motion
by Bain, second by Pfiester to approve Items U-2, 3, and 4. Ordinance No. 2000-60 was
approved 5-0.
4. Second reading of an ordinance Rezoning of Logan Ranch, Section 1, Lot 63, from
A, Agricultural to RS, Residential Single Family, or any more restrictive district, to be
known as The Logan Plateau -- David Munk and Dave Hall
All four ordinance captions were read by Browning and Munk and voted on in one motion. Motion
by Bain, second by Pfiester to approve Items U-2, 3, and 4. Ordinance No. 2000-61 was
approved 5-0.
V First Readings
1. First Reading of an ordinance amending Parts Two, Three and Eighteen of the
Zoning Ordinance and an Ordinance amending Section 70000 of the Subdivision
Regulations to allow limited use of accessory dwelling units -- Leane Heldenfels and
Dave Hall
Heldenfels explained the reason behind the two ordinances. There was much
discussion.
Renee Hanson, 1252 S. Austin Avenue, speaking with extra time allotted from W. R.
Masterson, requested that the ordinance be written to exclude rental and multi -family
use.
There was more discussion. Pfiester suggested postponing the vote on the first
reading until Lyda is present.
Motion by Navarrette, second by Pfiester to defer this item to the next meeting on November 28.
Motion by Hoyt, second by Pfiester to amend the previous motion to restrict the leasing of the
accessory structure; include language that the accessory structure could only be used in
conjunction with the residential use of the single-family dwelling located on the property; require
that the accessory structure uses the same meter as the single-family dwelling located on the
property; require that a special -use permit be issued to the resident of the single-family dwelling
located on the property; require that the permit be issued on a renewal basis; require that the
height of the structure be no higher than the single-family dwelling located on the property; require
that the permit be issued only if there is proof of utility capacity for the accessory structure; and
require that the architecture of the accessory structure be compatible with the single-family
City Council Meeting Minutes/November 14, 2000
Page 5 of 8 Pages
dwelling located on the property.
Vote on the amendment: Approved 4-1. (Tonn opposed)
Vote on the main motion as amended: Approved 4-1. (Tonn opposed)
2. First Reading of an ordinance amending Sections 30000 and 70000 of the
Subdivision Regulations to permit accessory structures to be placed up to seven
and a half (7.5) feet from a rear property line -- Leane Heldenfels and Dave Hall
Heldenfels explained that this item was prompted by a high number of variance
requests. She read only the caption on first reading after having satisfied the
requirements of the city Charter. It was pointed out that because the Planning and
Zoning Commission recommended a distance of 10 feet from the rear property line,
this item would need to be approved by 5 members of the Council. There was much
discussion.
W. R. Masterson noted that the houses in old town are not lined up equally. He
could be allowed to put in a tool shed in his back yard that would be directly adjacent
to the back patio of his neighbor.
Heldenfels read only the caption on first reading after having satisfied the
requirements of the City Charter.
Motion
by Bain, second by Tonn
to approve on
first reading. Vote was 3-2 (Navarrette and
Pfiester
opposed) Motion failed
for lack of five
approval votes.
Motion by Navarrette, second by Pfiester to defer this item in order to receive more information
about height and impervious cover and in order to determine how many requests have been
handled and how many are pending. Vote was 2-3. (Hoyt, Bain and Tonn opposed) Motion
failed.
Motion by Bain, second by Tonn to approve the ordinance with a 10 -foot setback as per
Planning and Zoning Commission recommendation. Approved 3-2. (Navarrette and Pfiester
opposed)
3. First Reading of an ordinance amending Part Eight of the Zoning Ordinance and
an ordinance amending Section 30000 of the Subdivision Regulations to permit
fences in the secondary front yard of corner lots -- Leane Heldenfels and Dave Hall
Heldenfels explained the reason for the ordinances to be amended. She read only
the caption on first reading after having satisfied the requirements of the City Charter.
There was much discussion.
W. R. Masterson (from the audience) said he thinks there should be more time
allowed for citizens to come forward and object.
Pfiester and Russell pointed out that the Council has been awarding variances
continuously in this regard, so therefore, if there is always going to be a variance, the
ordinance needs to be changed, citing the amount of staff time for each of these
small items which take staff time away from the larger, more impacting projects.
Navarrette requested that more time be spent gathering input from citizens before the
Council acts on this item.
Motion by Pfiester, second by Hoyt to approve the ordinances on first reading.
Approved 4-1. (Navarrette opposed)
4. First Reading of an ordinance amending Section 12.38.040 of the Code of Ordinances relating to
membership of the Historic Preservation Commission -- Marianne Banks
Banks read only the caption of the ordinance on first reading after having satisfied the
City Council Meeting Minutes/November 14, 2000
Page 6 of 8 Pages
Motion by Bain, second by Hoyt to approve on first reading. Approved 5-0.
5. First Reading of an ordinance amending Chapter 2.16 of the Code of Ordinances relating to
salaries of officers; — Cathy Riedel
Banks explained the reason for the ordinance. She read the caption only of the ordinance after
having satisfied the requirements of the City Charter.
Motion by Bain, second by Tonn to approve the ordinance on first reading. Approved 4-1.
(Navarrette opposed)
W Request for staff update on audit of services provided by Georgetown Industrial Foundation (GIF)
versus Duties and Marketing Responsibilities required pursuant to Funding Agreement dated September
283 1999; possible action and/or direction to staff regarding refund by Georgetown Industrial Foundation --
Clark Lyda
Russell distributed copies of the GIF audit for the last fiscal year and a letter from GIF Treasurer Rocky
Hardin. He noted receipt of a check from GIF in the amount of $58,659.00 for reimbursement to the City.
Russell reviewed the requirements of the contract, saying that GIF had peformed those responsibilities.
Pfiester asked about any private contributions. Mark Dixon from the audience responded that the private
contributions will remain in the GIF incentive fund to be used to support the community.
Russell noted that the check would be deposited and reserved for economic development and stated that
he would talk to Lyda and Burson.
Motion by Bain, second by Navarrette that the refund amount be reserved for the activities of economic
development. Approved 5-0.
X Request for update on off-site directional signage proposal by homebuilders/developers; possible
direction to staff regarding sign ordinance changes to accommodate off-site directional signage; and
possible direction to staff regarding "bandit sign" enforcement activity -- Clark Lyda
Jim Mills told Council that the Homebuilders Association has been doing research on methods to deal with
"bandit signs." He demonstrated two samples for proposed signs that would eliminate the need for "bandit
signs." He said, at this time, the Texas Department of Transportation will not permit these types of signs,
suggesting promoting legislation for licensing the signs.
W. R. Masterson confirmed that it's a violation of
city and possibly state law to
put signs in
the right of way.
Jim Brown said TxDOT would be opposed to the
signs due to the fact that too
many signs
are confusing
and
therefore
hazardous.
Y Discussion and possible action on adoption of an amendment to the City's Personnel Policy -- George
Russell
Motion by Pfiester, second by Bain to defer this item to a future meeting when Lyda is present. Approved
5-0.
Z Committee on Community Needs and Funding
1. Report to Council on progress of Citizens' Committee on Community Needs and Funding --
George Russell
Funding Committee Member Ken Evans read a statement of the Committee's activities. Jim
Brown and Evans said they have not yet been provided with specific projects and the associated
specific funds needed. Russell noted that in his presentation and that of Lashley regarding the
library needs he told the Committee that facilities have not yet been identified and are projected to
be completed by May, 2001. He noted that other community needs have been brought forward to
the Committee, such as a Family Resource Center, and an indigent health center. He asked
Council for direction regarding other community needs.
2. Discussion and possible action regarding amending the scope of the Committee on Community
Needs and Funding -- George Russell
There was no action taken on this item.
AA Consideration and possible action regarding renewal of leases for businesses located at the City -owned
Tessco incubator facilities locted on the block bounded by Rock, 7th, and 8th Streets, with possible
City Council Meeting Minutes/November 14, 2000
Page 7 of 8 Pages
direction to staff regarding same -- George Russell
Russell noted some difficulties with the current lease wording and rental rates. He asked Council for
direction, suggesting the current businesses be contacted with a new lease contract at renewal with a
higher market rate, and a lease cancellation clause for the City.
Frank Parmenter, 4106 Sequoia Trail East, told Council that he has complained to Council for years about
the City losing money on those buildings. He suggested selling the property as soon as possible.
Motion by Pfiester, second by Tonn to accept the City Manager's recommendation of contacting the
current businesses at the renewal date of their contract regarding a new lease contract at a higher market
rate, and with a lease cancellation clause for the City. Approved 4-1. (Navarrette opposed)
BB Review and possible action regarding practice of copying and distributing all written communications
received at City Hall to Councilmembers -- MaryEllen Kersch
Kersch proposed that all communications addressed to one particular councilmember be delivered to that
one councilmember only, unopened, unread, and uncopied. She asked that any communication addressed
to her not be opened, read, or copied to anyone else. It was determined that Banks will do some research
and bring that information back to Council.
Motion by Pfiester to adjourn at 12:21 a.m.
The meeting was adjourned at 12:21 AM.
(AJjpproved,
t Mayor MaryEllen Kersch'
City Council Meeting Minutes/November 14, 2000
Page 8 of 8 Pages
Attest: --P3
'r
City Secretary Sandra Lee