HomeMy WebLinkAboutMIN 09.26.2000 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the
above date with Mayor presiding.
Council Present: Council Absents
"Charles "Noss" Burson, Ferd Tonn, Lee All Council Present
. Bain, Susan Hoyt, Clark Lyda, Llorente
Navarrette, Sam Pfiester
Staff Present;
George Russell, City Manager; Marianne Banks, City Attorney; Sandra Lee, City
Secretary; Verna Browning, Director Community Services; Ed Barry, Director of
Development Services; Jim Briggs, Director Community Owned Utilities; Tom Yantis,
Director of Information Resources; Pablo Holguin, Director of Employment and
Organizational Services; Micki Rundell, Director of Finance; Brenda Culver, Youth
Services Coordinator; Dave Hall, Building Inspector; David Munk, Development
Engineer; Carla Benton, Development Technician
Called to order at 4:00 p.m. with a quorum present.
A Discussion with Housing Working Group regarding the high density residential ordinance -- Verna Browning
Browning introduced Joe Warren, Tom Nichols, and Bill Nahay, members of the Housing Working Group,
who have been working on the replacement for the manufactured home ordinance/high density residential
ordinance. Warren gave Council the highlights of the latest revision to the ordinance. John Gavurnik
answered questions.
B Discussion regarding renewal of all insurance coverage for the City of Georgetown
Holguin introduced Karen Brown who introduced Bob Lazarus, Risk Management Consultant to the City for
the last ten years, Linda Dunbar from the Texas Municipal League (TML), and Dick Evans, TML Attorney.
Lazarus summarized the recommendations for renewal. He recommended that the public liability coverage
be increased and be carried by TML rather than the previous carrier. Evans answered questions
concerning TML coverage. Dunbar gave Council figures regarding the increase in premium in order to raise
the limits of coverage. Russell asked Council how they wished the amounts to change in preparation for
bringing this item for action later in this meeting.
5:41 p.m. recessed
Executive Session
C Sec.551.071 consultation with attorney
City Council Meeting Minutes/September 26, 2000
Page 1 of 10 Pages
D Sec.551.072 deliberation on real property
- Acquisition of Property to be Used for City Facilities
E Sec.551.074 personnel matters
- Discussion of job description for City Attorney
Regular
�• • • •- s •
F Comments from the dais regarding the following items:
- Opening Comments and Welcome to Audience
- Mayor's Comments
- Report on Georgetown Youth Advisory Board (GYAB) Activities
Kersch introduced Brenda Culver who gave Council a briefing on recent Youth Advisory Board
activities. Culver invited Council to attend a barbecue at a Retreat in San Gabriel Park on October
13 as an opportunity to meet the GYAB members and their parents.
- Proclamation Honoring Hispanic Parents in Action for the Fiesta de las Culturas
This item was delayed pending arrival of the representatives from Hispanic Parents in Action.
- Discussion of upcoming Workshops and Council Calendar
It was determined that Code Enforcement would be discussed in Workshop on Tuesday, October
9; the City Attorney job description on Monday, October 23; meeting with the Library Advisory
Board on Tuesday, October 24, and meeting with the school board and the chairs of the City
boards and commissions at the November meetings. Mayor reminded Council of the meeting with
Tom Moriarity of Economc Research Associates on Tuesday, October 3 at 5:30 p.m., and the
invitation to join the Convention and Visitors Bureau Board at their meeting on Wednesday,
October 4, to hear a presentation by Scott Joslove of the Texas Hotel/Motel Association regarding
hotel/motel tax.
Motion by Bain, second by Pfiester to suspend the quorum rule for the meeting with Tom
Moriarity on Tuesday, October 3. Approved 7-0.
Jim Briggs invited Council to attend a ribbon cutting at the Southside Water Treatment Plant at
noon on Tuesday, October 10.
- Reports from Councilmembers regarding committee assignments
There were no reports from Councilmembers.
- Reports from Boards and Commissions
There were no reports from Boards and Commissions.
G Action from Executive Session items from Monday September 25 and/or Tuesday, September 26, 2000
Motion by Lyda, second by Pfiester to direct the City staff to assist the City of Round Rock in
addressing its short term water shortage by entering into negotiations with Round Rock to allow Round
Rock to continue using that portion of the City of Georgetown's Lake Georgetown reserved water which will
revert to Georgetown on October 13, 2000. Approved 7-0.
Motion by Lyda, second by Pfiester to direct the City staff to negotiate a surcharge for Round Rock's use
which reflects the competitive cost of that use in the current water market. Approved 7-0.
Motion by Lyda, second by Pfiester to direct City staff to assist the City of Round Rock and the Brazos
River Authority in developing a mechanism whereby the City of Round Rock's current overdrafting of the
firm yield of Lake Georgetown will be discontinued in the shortest possible timeframe. Approved 7-0.
H Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff,
if appropriate
- Deborah Hunt, representing the Palace Theatre Board, regarding the status of the hotel/motel
tax request for Georgetown Palace Theatre
Hunt asked the status of the request for a portion of the City's hotel/motel tax for the
Palace Theatre renovations. Kersch responded that Council is seeking clear-cut
direction. She noted that the Convention and Visitors Bureau Board was to prepare an
City Council Meeting Minutes/September 26, 2000
Page 2 of 10 Pages
application
and that an item
will be placed on
the October 10 agenda for Council action.
Hunt gave
an update on the
fee
progress in
fund-raising
and
restoration at the
theater.
service providers -- Cathy Riedel
s, s �•- s.
Consideration of approval of the minutes for the Regular Council Meetings of August 22, 2000, and
September 12, 2000 and the Special Council Meetings of Thursday, September 7, 2000 and
Monday, September 11, 2000 -- Sandra Lee
J Consideration
and
possible action on
a resolution adopting an application form and establishing an
application
fee
for
cable/broadband
service providers -- Cathy Riedel
and Marianne Banks
Kersch asked Riedel how the $10,000 figure was derived and whether that fee would cover our
costs. Riedel responded that if the actual costs exceed that amount, those costs can be recovered.
She said she feels the figure is clearly justifiable. Kersch said she was concerned that staff time
would be compensated. Banks said this figure was recommended by the attorney that the City hired
to draft the Master Cable Ordinance.
John Moore of Grande Communications told Council they are excited about coming to Georgetown to
provide competition to the current provider. He said he felt the proposed fee is unfair to a new "start-up"
company since the incumbent provider has not paid that much even in franchise fees for the last ten years.
He said other entitites are not charging anything to process applications.
K Consideration of approval of a contract with A & L Underground, Inc. for the installation of an eight inch
(8") fire protection water line at the Georgetown Municipal Airport in the amount of $21,275.00 -- Travis
McLain and Verna Browning
L Consideration and approval of 2001 social/community services funding agreements -- Verna Browning
M Consideration and approval of amendments to funding agreements for The Georgetown Project and GIVE
-- Verna Browning
N Consideration and possible action to approve the resolution authorizing the consolidation of all agreements
and amendments with the Brazos River Authority (BRA) pertaining to the Williamson County Raw Water
Line -- William Adams and Jim Briggs
O Consideration and possible action on a resolution of intent by the City of Georgetown to agree to the
payment schedule established by the Brazos River Authority (BRA) for the acquisition of 10,000 acre-feet
of raw water -- William Adams and Jim Briggs
Lyda asked Briggs to summarize the background on this item. He said this is a portion of the 25,000
acre-feet that the LCRA was authorized to transfer back into the Brazos Basin through their alliance with
Brazos River Authority (BRA). He said that BRA had received written requests from Georgetown, Round
Rock, Jonah, Chisholm Trail, and Brushy Creek MUD for a total of approximately 36,000 acre-feet of water.
He said the water has been priced at just below $50 per acre-foot for non -activated water and twice that
price for activated water once you start taking it. He said this water would be less expensive than it would
be if purchased directly from LCRA. He said the BRA has not decided yet how to divide the 25,000
available acre-feet among all who have requested, but have assured Briggs that we will be able to receive
7500 to 8000 acre-feet when the contract is written. Briggs said this water allocation would not be activated
until around 2021 to 2025.
Pfiester asked about water treatment capacity. Briggs responded that even with the recent completion of
the Southside Treatment Plant he expects improvements that were scheduled for two years away to
possibly be needed sooner, after experiencing the current unusally dry season.
P Consideration and possible action to accept Raintree Subdivision property from FDIC -- Randy Morrow
and Marianne Banks (pulled by Lyda)(See Legislative Regular Agenda)
O Consideration of a Variance to the Subdivision Regulations for Georgian Place, Phase 2-13, Block C,
Lots 1 and 13, Block D, Lots 1 and 13; located at 1000, 1072, 1001, and 1073 London Lane -- Ed
Barry
City Council Meeting Minutes/September 26, 2000
Page 3 of 10 Pages
R Consideration of a Variance to the Subdivision Regulations for Riverview Estates, Block B, Lot 1,
located at 101 Oakmont Court. -- James Baker and Ed Barry
S Consideration of a Variance to the Subdivision Regulations for Stonehedge Subdivision, Section
One, Block A, Lot 1 and Block G, Lot 8, located at 700 and 604 Belmont Drive -- Carla Benton and
Ed Barry
T Consideration of a resolution to authorize a License to Encroach into a drainage easement in Lot
10, Block C, Parkview Estates, Section One, located at 104 Pecan Vista Cove -- James Babcock
and Ed Barry
U Consideration of a Public Review Final Plat of the Resubdivision of Inner Loop Commercial
Park, Section 4, Block A, Lot 1, located on US Hwy. 81 and Cooperative Way -- David Munk and Ed
Barry
V Consideration of a Public Review Final Plat of 15.66 acres in the D. Monroe, J. Sutherland and A.
Williams Surveys, and Resubdivision of Fountainwood Estates, Phase 2-A, to be known as
Fountainwood Plaza, located at 5299 to 5658 RM2338 (Williams Drive), with Variances to the
Subdivision Regulations -- David Munk and Ed Barry
Lyda confirmed with Munk that the City is extending water and wastewater service to the site, but the
developers are building the line.
W Consideration of a Public Review Final Plat of 37.32 acres in the William Roberts Survey and
Logan Ranch, Section 1, Lot 63, to be known as The Logan Plateau, located on Logan Road --
David Munk and Ed Barry
X Consideration of a petition for
the annexation
of Logan Ranch,
Section 1, Lot 63, to be known as
The Logan Plateau, located on Logan Road --
David Munk and
Ed Barry
Y Consideration of a resolution granting a petition for the annexation of 18.7463 acres in the
Frederick Foy Survey, from A, Agricultural to RP, Residential Planned to be known as The Planned
Unit Development of Sun City Texas, Phase 4-D, Neighborhoof 17-13, located on Sun City
Boulevard -- James Baker and Ed Barry
Z Consideration of a petition for the annexation of R.M. 2338 right-of-way from the west corner of
Tract "A-1" of the Replat of Tract "A", Block 43, Sun City Georgetown Neighborhood One to the west
side of the intersection of Jim Hogg Road with R.M. 2338 and 15.62 acres in the D. Monroe, J.
Sutherland and A. Williams Surveys, and Resubdivision of Fountainwood Estates, Phase 2-A, to be
known as Fountainwood Plaza, located at 5299 to 5658 RM2338 (Williams Drive) -- David Munk
and Ed Barry
Motion by Navarrette, second by Lyda to approve the Consent Agenda with the exception of Item P.
Approved 7-0.
Legislative Regular Agenda
P Consideration and possible action to accept Raintree Subdivision property from FDIC -- Randy Morrow
and Marianne Banks (pulled by Lyda)
Lyda asked and Banks explained the item. Navarrette said he would like to see the land used as a park.
Motion by Navarrette, second Tonn to purchase the four lots in the Raintree Subdivision from the FDIC
and make payment of $1700 for the back taxes. Motion by Bain, second by Lyda to amend the original
motion to buy the lots and wait on the payment of the taxes. Approved 4-3. (Tonn, Pfiester, and
Navarrette opposed) Vote on the original motion as amended was approved 7-0.
At this time, Mayor Kersch read and presented a proclamation to Hispanic Parents in Action.
AA Consideration of an award of bid for all lines of Property Damage (Automobile, Real and Personal),
City Council Meeting Minutes/September 26, 2000
Page 4 of 10 Pages
Liability (General, Automobile, Law enforcement, Public Officials, Aviation, Pollution), Flood and
Earthquake, Crime, Animal Mortality/Loss of Use/Surgical and Workers' Compensation insurance for FY
2000/01 not to exceed $345,000 -- Karen Brown and Pablo Holguin
Because Council authorized some increases in coverage, the increased premiums would cause the total
amount to exceed $345,000, so it was explained that $3400 would be brought back to Council approval on
the next agenda. The incorporated changes were in the amount of $10,064.00. Motion by Hoyt, second by
Navarrette to approve the award of bid. Approved 6-0. (Bain absent from the dais)
BB Consideration
of
the
appointment of one member to the vacancy for a
historic property owner
representative
as the staff
to
the
an assistant
city
Historic
hired.
Preservation Commission --
MaryEllen
Kersch
Motion by Lyda, second by Burson to appoint Karalei Nunn to serve as the historic property owner
representative to the Commission. Approved 6-0.
CC Annual Operating Plan (Budget)
1. Second reading of an ordinance adopting an Annual Operating Plan Element of the Century
Plan (budget) for the fiscal year beginning October 1, 2000, and ending September 20, 2001;
adopting the Annual Amendment to the Century Plan -- Micki Rundell and George Russell
Rundell noted that information about the budget would be published in the fall issue of the City
Letter. Rundell read the caption only on second reading. Motion by Burson, second by Pfiester
to approve Ordinance 2000-44. Approved 4-2. (Hoyt and Tonn opposed)
2 Second reading of an ordinance amending 2.08.010 Administrative Division and Departments
of the Georgetown Code of Ordinances -- Micki Rundell and George Russell
Rundell read the caption only on second reading. Motion by Navarrette, second by Hoyt to
approve Ordinance 2000-45, Approved 6-0.
3. Second reading of an ordinance levying a tax rate for the City of Georgetown for the tax year
2000 -- Micki Rundell and George Russell
Motion by Pfiester, second by Tonn to approve the tax rate.of $0.31409 per $100 valuation.
Approved 5-1 (Hoyt opposed)
Kersch noted that staff and Council had worked together to prepare an excellent budget and a good
working relationship.
Lyda asked that Item PP be handled at this time.
PP Consideration of authorizing funding of the City's portion of "shotgun house" restoration pursuant to
the terms of the contract between the Georgetown Cultural Citizens Memorial Association and the City and
requesting that the City Manager establish staff liaison for technical and financial assistance in contract
compliance -- Clark Lyda
Lyda said this istem is a follow-up to a lease agreement approved in January as a culmination of several
years of effort between Council and the Cultural Citizens Memorial Association (CCMA). He noted that the
CCMA has exceeded the fund raising goal required by the Council.
Della Green, 1901 Vine, thanked the Council and introduced President Ethel Moore, Treasurer Gertrude
Sateffield, and Business Manager Donnell Scroggins of CCMA. She said the CCMA would use the
"shotgun house" to build a Black Heritage Museum. She noted that the CCMA will submit a revised budget
and a business plan.
Motion
by Lyda,
second by Navarrette
to approve the funding. Approved 5-1. (Burson opposed) Russell
said he
would serve
as the staff
liaison
until
an assistant
city
manager is
hired.
FF FF First reading of an ordinance Rezoning 0.94 acres in the C. Stubblefield Survey, from RS,
Residential Single Family to C -2A, Commercial First -Height, or any more restrictive district, located at 502
W. 21st Street -- James Baker and Ed Barry
City Council Meeting Minutes/September 26, 2000
Page 5 of 10 Pages
Carla Benton read only the caption on first reading after having satisfied the requirements of the City
Charter. She noted there was a difference in the recommendations, noting that the applicant had requested
C -2A, but staff recommended C-1 which was approved by the Planning and Zoning Commission. Motion
by Lyda, second by Burson to approve the rezoning to C-1 local commercial. Approved 6-0.
DD Council Meeting Rules and Procedures
1. Second reading of an ordinance amending Chapter 2.24 of the Code of Ordinances of the City of
Georgetown relating to City Council meeting rules and procedures -- Marianne Banks
Banks read only the caption on second reading. (Both items were handled by one motion -- see
below.)
2. First reading of an ordinance amending Chapter 2.24 of the Code of Ordinances relating to City
Council Meeting Rules and Procedures -- Marianne Banks
Kersch read the caption on first reading. The requirements of the City Charter were satisfied by
the Legal Department Staff.
Motion by Navarrette, second by Pfiester to adopt Ordinance No. 2000-47 and to approve the
first reading of the above ordinance. Approved 6-0.
EE First reading of an ordinance repealing Section 15.03.040 of Chapter 15.03 of the Georgetown Municipal
Code of Ordinances eliminating the Energy Conservation Rebate Program for residential dwelling units
-- Dave Hall and Ed Barry
Hall read only the caption on first reading after having satisfied the requirements of the City Charter.
Motion by Burson, second by Lyda to approve the ordinance on first reading. Tonn asked if the rebate
program had helped conserve energy. Hall said it was effective, noting that he had budgeted $10,000, and
in the last year and a half the rebates have totaled approximately $40,000. Approved 6-0.
1. First reading of an ordinance providing for the annexation into the City of 18.7463 acres in the
Frederick Foy Survey, from A, Agricultural to RP, Residential Planned, to be known as The
Planned Unit Development of Sun City Texas, Phase 4-D, Neighborhood 17-B, located on Sun
City Boulevard -- James Baker and Ed Barry
David Munk read only the caption of the ordinance on first reading after having satisfied the
requirements of the City Charter. Motion by Tonn, second by Hoyt to approve the ordinance on
first reading. Approved 6-0.
3. First reading of an ordinance providing for the annexation into the City of R.M. 2338 right-of-way
from the west corner of Tract "A-1" of the Replat of Tract "A", Block 43, Sun City Georgetown
Neighborhood One to the west side of the intersection of Jim Hogg Road with R.M. 2338 and
15.62 acres in the D. Monroe, J. Sutherland and A. Williams Surveys, and Resubdivision of
Fountainwood Estates, Phase 2-A, to be known as Fountainwood Plaza, located at 5299 to 5658
RM2338 (Williams Drive) -- David Munk and Ed Barry
Munk read only the caption of the ordinance on first reading after having satisfied the requirements
of the City Charter. Motion by Burson, second by Tonn to approve the ordinance on first reading.
Approved 6-0.
2. First reading of an ordinance providing for the annexation into the City of Logan Ranch, Section
1, Lot 63, to be known as The Logan Plateau, located on Logan Road -- David Munk and Ed
Barry
Munk read only the caption on first reading after having satisfied the requirements of the City
Charter. Motion by Navarrette, second by Lyda to approve the ordinance on first reading.
Approved 6-0.
HH Consideration and possible action to
approve the
amendment, dated October 1,
2000,
to the contract
between
the City
of
Georgetown
and
Operations
Management
International,
(OMI),
in
the amount
of
City Council Meeting Minutes/September 26, 2000
Page 6 of 10 Pages
$1,4743725.00 -- William Adams and Jim Briggs
Briggs noted that each year at the completion of the budget cycle, the contract with OMI is renewed. He
said the increased amount is due to the addition of the Southside Water Plant, loading at the wastewater
treatment plant, plus the CPI. He said the City will advertise for a request for proposal and do a market
analysis prior to the budget renewal next year. Motion by Tonn, second by Hoyt to approve the
amendment. Approved 5-1. (Lyda opposed)
7:57 p.m. recessed -- 8:13 p.m.
II Discussion of and possible action on Airport Land Lease Rental Rates Report -- Travis McLain and Verna
Browning
Kersch asked Council to consider that renewals or subleases be subject to a revised rate. Lyda suggested
an appraisal project prior to any renewals. Pfiester asked how the rent for the T -hangars was derived.
McLain said the total cost was amortized with utilities and maintenance added. Lyda asked that the
T -hangar rates be further investigated. Motion by Tonn, second by Hoyt to approve the Rental Rates
Report with the requirement of an appraisal before renewal. Motion by Lyda, second by Pfiester to review
the T -hangar rates. Approved 6-0. The original motion as amended was approved 5-1. (Navarrette
opposed)
JJ Consideration of approval of an Airport Land Lease with Trinity Aviation, L.L.G. for a one (1) acre lot at 202
S. Corporate Drive -- Travis McLain and Verna Browning
Motion by Lyda, second by Hoyt to approve the lease. Navarrette asked that staff be directed to bring the
T -hangar update to the October 10 Council Meeting. The motion to approve the lease was approved 4-2.
(Navarrette and Pfiester opposed)
KK Consideration and approval of use of the Georgetown Municipal Airport for the 2001 Airshow and approval
of closing of Northwest Boulevard from Hedgewood to Serenada Drive during the Airshow -- Verna
Browning
Browning noted that the permit request has not yet been received, but she is requesting approval to plan to
use the airport and close Northwest Boulevard at that time. Lyda said he thinks the organizers have done a
good job in the past and the airshow has been a good tourist activity. He suggested speaking to the
organizers about discouraging the use of some of the military planes that created the noise complaints.
Kersch said she has concerns about safety. Russell said he has received complaints in the past regarding
the noise of the jet, the explosions, and the closure of Northwest Boulevard because of the lack of an
alternate route. He said the City also has to use additional staff to handle the barricades. McLain noted
that the "aerobatic box" and the closing of Northwest Boulevard cannot be changed according to the FAA.
Motion by Lyda, second by Tonn to approve the use of the airport for the Airshow with the closure of
Northwest Boulevard, and with the specific requirement that the Airshow organizers pay special attention to
the booking of acts to minimize the inconvenience to citizens and that the City be reimbursed for direct staff
expenses. Approved 6-0.
LL Consideration of approval for the City of Georgetown to sponsor the 2001 Red Poppy Festival -- Verna
Browning
Browning asked Council to approve the Festival, saying the City has already received applications from
vendors who were pleased with the event last year and staff has heard reports from the downtown
merchants that their sales increased that weekend, saying it was as successful or more so than the
Christmas sales. She said even though the event is revenue neutral for the City, there is a lot of staff time
from the police and streets departments. Russell said he received very favorable responses for the event.
He noted that to close Austin Avenue requires special consideration by the Texas Department of
Transportation. Lyda questioned the feasibility of using so much staff time, noting that the Main Street
Director already has a lot of tasks to accomplish. Kersch suggested using the fail issue of The City Letter
to advertise for volunteers.
Motion by Lyda, second by Burson to ask the Convention and Visitors Bureau Board to take on the Festival
as a project and bring back an item to Council at the October 10 Council Meeting with an assessment of
how this project could be more effectively supported by the community and staff relieved of the primary
City Council Meeting Minutes/September 26, 2000
Page 7 of 10 Pages
responsibility. Approved 4-2. (Hoyt and Tonn opposed)
MM Consideration and possible action to approve the creation of and appointments to the Main Street
Advisory Board committees -- Debbie Charbonneau and Verna Browning
Browning noted that the Main Street Advisory Board has adopted the structure recommended by the Texas
Historical Commission which includes four subcommittees with members from outside the membership of
the Main Street Adivsory Board. Kersch noted that unless committees are appointed by the Council they
are not considered to be official.
Motion by Hoyt, second by Bain to approve the Economic Restructuring Committee with the following
current members functioning as a committee of the Main Street Advisory Board: Virginia Stubbs,Chair,
Steve Doering, Daniel Vasquez, David Hays, Nancy Knight, Renee Hanson, Steve Turner, and Michelle
Barton. Approved 6-0. Kersch noted that the Economic Restructuring Committee functions through the
Main Street Advisory Board who informs staff to then inform Council.
NN Consideration and approval of
Sanitation
service levels and rates
and authorization to amend contract
with
Texas
Disposal
System
to include
public
collection
station
services -- Verna Browning
Browning introduced Eddie Dick, Ralph Wueller, and Ed Plumber of Texas Disposal Systems (TDS). She
reviewed the process by which recommendations were brought to Council at the last meeting, including the
Council's desire to include services at the Collection Station. Browning distributed an information sheet to
the Council regarding a six-month pilot program at the Collection Station, with some additional incentives
for customers. There was much discussion regarding rates and services. Navarrette said he felt Council
has no obligation to make any changes at this time.
Bill Masterson, 1501 Laurel, said he thinks the system is wrong. He said he does not like to see toilets,
couches, and stoves, out on the curbs of the streets. He said he thinks there should be a system that
ensures that the City is clean.
Hoyt said she is in favor of Option 1 because TDS has negotiated in good faith. There was much
discussion as to whether the City is obligated to negotiate any changes at this point. Browning said the
logistics of not having a long-term partnership with the provider would make providing the service to the
citizens very difficult. Browning told Council that TDS is not making very much money on the contract.
Kersch asked that two Councilmembers work further on this issue.
Dick stated that his company has met all the standards and requirements and is coming back because the
contract allows them to come back at this time if their costs have increased. He said the other changes are
being accomodated because the Council asked them to see if they could provide them.
Browning said they would like to come back to the next agenda with an amendment to the contract and a
change in the rates. It was determined that Councilmembers Tonn, Navarrette, and possibly Burson will
form a committee to meet with TDS officials. Motion by Tonn, second by Pfiester that the Council
committee will work with TDS officials on these issues and the results would be brought back to Council
at the October 10 Council Meeting. Approved 4-2. (Lyda and Hoyt opposed)
00 (This item was handled later in this agenda, following Item SS)
PP (This item was handled earlier in the agenda, following Item CC)
QQ (This item was handled later in this agenda, following Item 00)
RR Discussion and possible direction to staff regarding required six-month review of urban design
amendments to development ordinances; discussion of possible amendments and direction to staff
regarding same; and discussion of expiration of approved detailed development plans and possible
direction to staff regarding same -- Clark Lyda
Lyda said most of this was discussed at the Monday workshop, but the portion of the item that was not
handled at that time was the detailed development plans that will expire in November.
City Council Meeting Minutes/September 26, 2000
Page 8 of 10 Pages
Ercel Brashear asked that consideration be given to the long-term projects where good faith effort has
been made to keep the project going forward and not have to go back through the process again. He
asked for another six-month period for the extension of the urban design amendments.He said the
implementation of the new urban design standards is raising some issues that have not been resolved. He
asked that those projects be able to work with the mini-DDP program. He noted that he is addressing the
detailed development plans where sizable capitol investment is involved. Russell and Banks told Council
that it might be difficult to identify those particular projects.
Motion by Lyda, second by Tonn to ask Banks to come back to the next meeting with a plan to extend the
time for those Detailed Development Plans that were approved prior to the time the amendments were
adopted, they would be allowed another year beyond the six-month extension, and in return for that they
would be required to submit a mini-DDP. Approved 5-0. (Pfiester abstained)
SS Consideration of a staff briefing and discussion on non-residential uses permitted in "R -S" Single
Family district and height, area, and parking regulations pertaining to same with possible action and/or
directive to staff to modify provisions of the Zoning Ordinance -- Clark Lyda
Lyda said there are quite a few types of construction that are allowed within RS Single Family of which
citizens are not aware, such as governmental, public, institutional and religious buildings. Banks said if the
lots were platted, projects under the same ownership have traditionally been treated as one site for
development and setback purposes, but they would still have to meet all of the standards in the ordinance
pertaining to impervious cover, on-site parking, and landscaping, different from a single-family residential
home which only has to provide two parking spaces behind the curb. Banks added that the governmental,
public, institutional, and religious buildings are allowed in all of the zoning districts from RS on up except
industrial, agricultural, or residential estate.
00 City Council Policy
1. Consideration and possible action on the City of Georgetown policy regarding the application for
and acceptance of grant monies -- MaryEllen Kersch
Kersch said she understood that grants had to be approved by the Council prior to any submission
of application or acceptance, and that any such request for submission be accompanied by an
accounting of costs (direct and indirect), constraints, and obligations that the City would incur
should the grant be approved; however, a vote was not taken to establish that as policy. Motion
by Burson, second by Lyda to approve the stipulations spoken by the Mayor. Approved 6-0.
2. Discussion and possible action on adopting a policy regarding the creation of Council
committees -- Sam Pfiester
Pfiester said this item is for the purpose of formalizing the following six Council committees
(including the one just formed tonight): Facilities Committee chaired by Ferd Tonn, Utilities and
Transportation Committee chaired by Sam Pfiester, Finance Committee chaired by Lee Bain,
Planning and Development Committee chaired by Clark Lyda, Fire and Police Committee chaired
by Llorente Navarrette, and the Sanitation Committee formed at Item NN; witout the authority to
take any action or expend funds; meeting no more than once a month; subject to the Open
Meetings Act; with the requirement for quorum waived; and scope pertinent to the areas they
address. Kersch asked him to add that any Executive Session be posted for a specific time, so
that other members of the Council could make arrangement to attend if they so desired. Motion
by Pfiester, second by Tonn to establish the committees with the chair persons as noted and the
scope and purpose as stated with any Executive Sessions posted as to time and place. Approved
6-0.
3. Consideration and possible action regarding the status of City of Georgetown Governance
(John Carver) policy adoption by the Georgetown City Council -- MaryEllen Kersch
Kersch asked for confirmation that the John Carver Policy of Governance has been set aside.
Motion by Lyda, second by Pfiester to set aside the John Carver Policy of Governance.
Approved 5-1. (Hoyt opposed)
4. Discussion and possible action (1) to establish Council policy on executive session agenda
postings, topics, and discussions; and (2) to establish Council policy on requests for public
information -- Clark Lyda
City Council Meeting Minutes/September 26, 2000
Page 9 of 10 Pages
Lyda asked for clarification as to what items should be discussed in Executive Session. Banks
expressed concern about not knowing what the Councilmembers might want to discuss in
Executive Session and whether it would be potentially harmful to describe it in public. Lyda said
he thinks it is the citizen's right to know what lawsuits the City is involved in, and that they could, in
fact, find out for themselves, if they pursued it. There was discussion. Russell noted that the
Council will need to discipline themselves regarding what is said in open session. Russell
confirmed that if a "last minute" item comes up, it can still be discussed in Executive Session
without posting under Consultation with Attorney.
Motion by Lyda, second by Pfiester to adopt a policy in regard to (1) the posting and
discussion of executive session agenda items to meet the requirements of the Open Meetings
Act, require a determination by the City Attorney that discussion of the topic in regular session (1)
would likely result in prejudice to the City in a pending or threatened litigation matter,
administrative proceeding, real estate matter, or utility competitive matter; or (b) would likely result
in litigation against the City; or (c) is not permitted by the Open Meetings Act; and further, that the
presumption should favor regular session discussions over executive session discussions; and
should be detailed on the posted agenda to the greatest extent possible without compromising the
legal interests of the City, and the topics actually discussed in executive session should be
disclosed at the beginning of the regular session to the greatest extent possible without
compromising the legal interests of the City; and a policy in regard to requests for public
information should meet the requirements of the Public Information Act, require a determination
by the City Attorney that disclosure of a document (a) would likely result in prejudice to the City ina
pending or threatened litigation matter, administrative proceeding, real estate matter, or utility
competitive matter; or (b) would likely result in litigation against the City; or (c) is not permitted by
the Public Information Act, and further, the presumption should be in favor of disclosure.
Approved 4-2. (Burson and Tonn opposed)
5. Discussion and possible action on policy related to receiving legal advice from City Attorney in
open session and executive session -- Marianne Banks
Banks said she felt this item was handled in the previous item.
QQ Consideration of a resolution supporting the installation by the Texas Department of Transportation for
pedestrian crossing signals on Austin Avenue at University Drive, Austin Avenue at Williams Drive, and
Austin Avenue at F.M. 971 -- Clark Lyda
Russell said an investigation was previously done by TXDOT and they determined there were not enough
pedestrians to warrant the crossing signals, but agreed to conduct another count. Motion by Hoyt, second
by Navarrette to approve the resolution. Approved 6-0.
Motion to adjourn by Burson at 10:25 p.m.
The meeting was adjourned at 10:25 PM.
A
ayor MaryEllen Kersch C
City Council Meeting Minutes/September 26, 2000
Page 10 of 10 Pages
Secretary Sandra Lee