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HomeMy WebLinkAboutMIN 03.26.2002 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: Llorente Navarrette, Clark Lyda, Doug Smith, Jack Noble, Sam Pfiester, Charles " Hoss" Burson Council Absent: Ken Evans . _....._. _..... Staff Present. Tom Yantis, Acting City Manager; Jim Briggs, Assistant City Manager; Sandra Lee, City Secretary; Trish Carls, City Attorney; David Morgan, Police Chief; Anthony Lincoln, Tom Leggitt, Fire Marshal; Fire Chief; Clay Shell, Assistant Fire Chief; Micki Rundell, Director of Finance and Administration; Laurie Brewer, Controller; Amelia Sondgeroth, Chief of Development Support; Terry Jones, Purchasing Director; Joel Weaver, CIP Coordinator; Ed Polasek, Chief Long -Range Planner; Chris Bryce, GIS Coordinator; Melissa Murphy, Development Technician; Travis McLain, Airport Director, 's �- i •rr '- • •r Called to order at 4:08 p.m. A Discussion regarding the proposed establishment of a Public Safety Advisory Commission -- Clark Lyda Lyda said it is important to explore ways in which the public safety functions can be more open and explained to the public, and to give Council a better grasp of what is going on in the public safety organizations. There was discussion regarding the previous police advisory committee that had been formed in response to community issues at the time. Lyda sited the needs of building public support or possibly curtailing budgetary issues, saying the recently initiated neighborhood interaction program needs to be re -organized on a city-wide basis, serving as an "omsbudsman" to assist resolving complaints, through a council -appointed advisory board. Ken Fuller, 422 Champions Drive, said he has spoken to the police department for the last two years to try to get the speed limits lowered in Berry Creek. He said the staff has been courteous and dedicated, but said he feels the Police Department is not funded adequately. He also suggested that there be strict enforcement. He expressed the need to notify drivers of the need to slow down through the neighborhood. Noble asked Chief Morgan to speak regarding the proposed commission. Morgan said he would entertain any avenue providing citizen input and advice and would welcome the opportunity to discuss with the citizens the needs at the police department and how to fund them. He said he wanted to make clear that the Police Department is not a revenue generator. He said there are only four officers and a supervisor on duty at each shiftt. He agreed that an advisory board would be helpful in working on the Police Department strategic plan. City Council Meeting Minutes/March 26, 2002 Page 1 of 11 Pages Kersch said, among other activities, she thinks the adivsory board would be helpful in dealing with complaints. Pfiester noted that he feels speeding is a major safety factor in several neighborhoods. Morgan agreed that traffic accidents account for more injuries and deaths than any other problem. Yantis suggested that Council give direction as to how the police department resources should be allocated. Morgan noted that voluntary compliance is the goal, and creative problem solving is used to deal with situations when resources are not always available. Lyda suggested that cost and consequences be considered for decisions made regarding police, fire and code enforcement, saying that an advisory board seems to be a good way to do that. -Rivery Partners, Ltd. v. City of Georgetown, Cause No. 01-695-C368 ( 368th judicial District of Williamson Navarrette said he was originally not in favor of an oversight committee, but has read information that is changing his mind. He said there are some real concerns in the minority community regarding the police department and feels that the commission would be valuable in regards to communication with the community. Lyda suggested asking staff to bring back their ideas of how this would work, suggesting three main areas of concern: budgetary, interaction and public expectations, and oversight. He reiterated that this would be a body that takes in information and advises the Council but doesn't make decisions. He asked for input from the City Manager and the Police Department regarding the type of relationship that is to be established. Fire Chief Anthony Lincoln advised Council that this problem started a long time before they came on board. He said there is no chapter in the Charter about public safety, and no chapter in the new unified development code regarding public safety. He said the citizens need to be included in making decisions regarding public safety. Yantis suggested that the oversight role of the committee be developed by the committee, as one of their first tasks. xegular Session to convene Executive Session, if necessa rX 4:52 p.m. -- recessed to Executive Session B Sec.551.071 consultation with attorney: -Pending Litigation -Georgetown Waterpark, Ltd. v. City, et al.; Cause No. 00-209-C277 (277th District Court of Williamson County) -Walker and Shell Road Goff Center, Inc. v. City, Cause No. 00-083-C277 (277th District Court, Williamson County) -City v. Doug and Doris Pierce; Cause No. 00-552-C26 (26th District Court, Williamson County) -Rivery Partners, Ltd. v. City of Georgetown, Cause No. 01-695-C368 ( 368th judicial District of Williamson County) -Georgetown Healthcare v. Electa Oncology, Cause No. 01-340-C368 (368th District, Williamson County) . Potential Litigation . Code Enforcement Actions . Legal/Risk Management Issues . Duty to Advise regarding agenda items C Sec.551.086 deliberation regarding economic development . Discussion of Economic Development Prospects D Sec.551.074 personnel matters . Performance Review of Council -appointed employees E Sec.551.072 deliberation on real property . Purchase, exchange, lease, or sale of real property City Council Meeting Minutes/March 26, 2002 Page 2 of 11 Pages Called to order at 6:01 p.m. F Comments from the dais regarding the following items: 1. Opening Comments and Welcome to Audience Kersch welcomed the audience and explained the Council Meeting procedures. She noted that Items M, P-2, C -21C -35 C-4 and C-5 were pulled from consideration on this agenda. 2. Mayor's Comments - Proclamation for Public Health Week Kersch read and presented the proclamation to Lettie Lee and Karen Wilson of the Williamson County and Cities Health District. Lee noted that Karen Wilson had been named Health Officer of the Year for 2001 by the National Association of Local Boards of Health. - Boards and Commissions Banquet Kersch recalled the banquet honoring the outgoing and incoming members of the City boards and commissions, saying the attendance was good, and the food, entetainment, and guest speakers, Dr. Jo Ann Ford and Renee Hanson, were very enjoyable. - Election Information Kersch reviewed the list of candidates and election calendar. - Announcement of vacancies: (One for the Housing Authority, to be filled by a resident of Stonehaven) - Ten O'Clock Rule Kersch explained that the meeting might be recessed around 10:00 p.m. to be continued on Wednesday. G Reports from Boards and Commissions - Williamson Burnet County Opportunities Dr. Jo Ann Ford was unable to attend due to illness. - Williamson County and Cities Health District Karen Wilson gave an overview of the Health District. Lettie Lee reviewed the services of the District and the activities of the Board. - List of Boards to report at future meetings: April 9 - Library Board and Airport Board; April 23 - Parks and Recreation and Planning and Zoning Commission; May 14 - Economic Development and Youth Advisory Board; May 28 - Main Street Advisory Board and Zoning Board of Adjustment H Announcements from City Manager - Update on Del Webb negotiations Yantis noted that the negotiations are ongoing regarding the development agreement and the SIP fees. - City Hall Renovations Update Yantis recalled the meeting last week with the architect, Dwayne Brinkley of Brinkley Sargeant, and explained the renovations that are proposed. He said the architect, would bring the design to Council for review on April 8 and again on April 22 for action from Council on April 23. - Unified Development Code Update Yantis noted that it has been one year today since the Council began the process for the update. He gave a brief history, noting that the first public draft was distributed last Monday, with Council approval anticipated for the second meeting in April. Rick Smith, 30311 Oak Tree Drive, Chairman of the Georgetown Chamber of Commerce, suggested that the development code process is proceeding too rapidly and sited several reasons to do further study before adoption. He reiterated that the Chamber firmly supports the update of the code but asked that the process drive the timeline and make sure all the stakeholders are allowed input. Lyda stated the Chamber "expert" had not been communicating any feedback to the City regarding the Chamber's concerns about the development code. Lyda, Kersch, and Pfiester referred to an e-mail that had been sent to Dr. Jim Gunn asking for "indefinite" deferral of the process. Smith affirmed that the Chamber does not intend to create divisiveness and intends to work together with the Council. - City Manager Search Update Yantis said the search is on schedule, with the list of candidates to be distributed to Council in late April with interviews scheduled in May. - Upcoming Events City Council Meeting Minutes/March 26, 2002 Page 3 of 11 Pages There were no upcoming events. - Late -Breaking Headlines Yantis noted that a Telecommunication Infrastructure Grant of $500,000 has been granted to the Georgetown community. He said the grant would provide 20 laptop computers for the public to use in the Library with a wireless network and a community web portal to give community organizations the opportunity to display information. Yantis asked Briggs to announce that Georgetown has been awarded the American Water Association Conservation Re -Use Award for the program of providing re -used water to Southwestern for irrigation of the golf course. He said the award will be presented next week in San Antonio. Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate 1. Karen Miller, 2701 CR234, regarding Open House Signs. She asked Council's permission to allow Open House Signs from 1:00 p.m. to 5:00 p.m. on Saturdays and Sundays Mayor Kersch left the dais. 2. B. Keith Peshak, 800 Oak Crest Lane, regarding "Malfeasance, part 1 of N finished, part 2 of N started" Peshak spoke in objection to the airport lease program. He claimed that the Council "broke the law" in their recent action, calling it a "sweetheart" deal. clause -- Leane Heldenfels and The public J Action from Executive Session items from Monday, March 25 and/or Tuesday, March 26, 2002 There was no action from Executive Session. • 'J K Public hearing pursuant to Chapter 372 of the Texas Local Government Code to consider the advisability of adding additional lands generally described as Section 5 of the Georgetown Village Planned Unit Development, consisting of a 16.2540 -acre tract owned by Shell Ranch Development, into the Georgetown Village Public Improvement District #1 ("PID") -- Mark Pustka and Trish Carls Carls introduced the item and noted that there is an action item regarding the Georgetown Village Public Improvement District on this agenda. The Public Hearing was opened at 6:41 p.m. Pustka explained the purpose of the Public Hearing. There were no comments or questions. clause -- Leane Heldenfels and The public hearing was closed Rundell at 6:42 p.m. L Consideration of approval of the minutes from the Council Workshop on Monday, March 11, 2002; and the Workshop and Regular Council Meeting on Tuesday, March 12, 2002 -- Sandra Lee M Consideration and possible action on adoption of Historic and Architectural Review Commission (HARC) By-laws, including a sub -committee clause -- Leane Heldenfels and Amelia Sondgeroth This item was pulled from Council consideration by staff. N Awards of Bid 1. Consideration and possible action for an award of bid for asphalt overlay for approximately 15,400 square yards of roadway to Wheeler Coatings, Inc. -- Mark Miller and Jim Briggs 2. Consideration and possible action for an award of the annual bid for janitorial supplies to various bidders in the estimated amount of $21,362.00 -- Terry Jones and Micki Rundell O Consideration and possible action to approve an amendment to the contract between the City of City Council Meeting Minutes/March 26, 2002 Page 4 of 11 Pages Georgetown and Camp, Dresser and McKee, for professional engineering services related to the Serenada East, Phase 3 Wastewater Improvements -- Joel Weaver and Jim Briggs (pulled by Pfiester) (See Regular Agenda that follows) P Public Review Final Plats 1. Consideration and possible action on a Public Review Final Plat for 30.06 acres in Phase 3-A and 27.20 acres in Phase 3-13, in the Frederick Foy Survey, to be known as Woodland Park Subdivision, Phases 3-A and 3-B, located on Woodland Park Drive, with variances to the Subdivision Regulations -- Carla Benton and Amelia Sondgeroth 2. Consideration and possible action on a Public Review Final Plat of 27.36 acres, more or less, out of the John Berry Survey, to be known as Chisholm Park, Section Two, located on CR 152, with possible variances to the Subdivision Regulations -- Carla Benton and Amelia Sondgeroth This item was pulled from Council consideration by the applicant. Q Consideration and possible action on a Revision to a Planned Unit Development of Park Wood Plaza, located at IH 35 South at Rockmoor Street -- David Munk and Amelia Sondgeroth Motion by Noble, second by Pfiester to approve the Consent Agenda with the exception of Items M, O, and P-2. Approved 6-0. Legislative Regular Agenda W Consideration and possible action to direct the Mayor to certify the Noise Exposure Map documents for the Georgetown Municipal Airport F.A.R. Part 150 Noise Compatibility Study -- Travis McLain and Tom Yantis Motion by Pfiester, second by Lyda to defer Item W. Approved 6-0. Kersch explained that the Council feels it would be advantageous to spend time in workshop on this item before taking action. (Kersch noted to anyone who had signed up to speak at this item, that because this item is being deferred to the April 22 Council workshop, Council would not entertain speakers until that meeting.) O Consideration and possible action to approve an amendment to the contract between the City of Georgetown and Camp, Dresser and McKee, for professional engineering services related to the Serenada East, Phase 3 Wastewater Improvements -- Joel Weaver and Jim Briggs (pulled by Pfiester) Briggs explained that the City is behind schedule with regards to the connection of wastewater service bawed on what had been proposed in 1997. He said during the budget discussions of 98/99 and 99/2000 concerning the condition of the wastewater utility funds, it was determined that this project should be deferred, knowing that it might extend the service beyond the 4 -1/2 -year date, but the ability to financially afford it, at that point, was questionable, without a rate increase. He said part of the delay was caused by the delay in the development of the Reserve in Berry Creek. He said construction for Phases 1 and 2 is currently underway. He said the target for completion of the wastewater for the whole area is by the end of this fiscal year, September 30, 2002. Amber Allerdyce, 4311 Casa Blanca Drive, told Council that Ordinance 97-18 agreed to provide substantially complete sewer service in four and a half years (October, 2001). She said she feels they have been repeatedly passed over for more high-profile projects such as the new HEB. She said she is gathering petitions to waive connection fees and connect the residents free of charge because of the costly maintenance they have endured while waiting for sewer service. Pfiester said when the City passes an ordinance with a deadline, it is necessary that the staff be aware of that approaching deadline. Motion by Pfiester, second by Smith to approve the contract amendment to begin Phase 3. Approved 6-0. Kersch announced that according to City Attorney Trish Carls, when items are pulled from the agenda, they are pulled for all purposes, so therefore anyone who has signed up to speak on an item that has been pulled will not be allowed to be heard because the applicant is not present. R Consideration of a resolution making certain findings in connection with the proposed addition of 16.2540 acres of land to the Georgetown Village Planned Unit Development Public Improvement District City Council Meeting Minutes/March 26, 2002 Page 5 of 11 Pages related to the advisability of the improvements, the nature of the improvements, the boundaries of the proposed district, the method of assessment and the apportionment of cost between the District and the City as a whole -- Trish Carls Carls explained that this item is the action for the previous public hearing. Motion by Pfiester, second by Noble to approve the resolution. Approved 6-0. S Consideration and possible action regarding the Economic Development Commission recommendation to solicit a contract with TIP Development Strategies, Inc. or a similar firm to review and analyze the information related to the City's historical economic development program -- Paula Boggs and MaryEllen Kersch Paula Boggs, as Chair of the Economic Development Commission, told Council they had received the report from Micki Rundell on February 21, but are still not sure that the raw data presented can be used to evaluate whether an incentive is appropriate during any given circumstance. She said the Commission recommends a comparative analysis of the data gathered. She said she has received an estimate of $7,000 to $10,000 to hire a third party consultant. Smith said he was reluctant to spend the money because he is not sure the study would be valuable to the City. There was further discussion. Boggs said the goal of the Commission was to establish a "template" with which to objectively evaluate future projects. Kersch suggested bringing this item back at budget time with the parameters of what the Commission is wanting to do so the cost can be considered in the next budget. 7:26 p.m. -- recessed 7:41 p.m. -- resumed T Presentation of the comprehensive economic analysis of the Del Webb Sun City Texas Development as prepared by TIP Development Strategies, Inc. -- Tom Yantis Yantis introduced Tom Stellman and announced that Council had been provided an updated analysis on the dais, the differences being the economic impact numbers referring to increased incomes of the residents of Sun City and a couple of other changes. He provided a slide presentation of the analysis. He told Council that Sun City has had a positive economic impact on Williamson County and has paid its own way in infrastructure costs, but may not have paid its own way in cost of service. Noble seefiFrned *questioned some of the methodology used to prepare the statistics. Lyda questioned the viability of offering financial incentives to developers as was done with Sun City. Stellman said at this point in time, Georgetown probably does not need to provide financial incentive to entice development. There was further discussion. (*as corrected by Jack Noble at the April 23, 2002 Council Meeting.) U Discussion and possible action to direct staff to a tolling agreement with Steger & Bizzell Engineering to include mediation, and to retain a mutually -agreed-upon structural engineer to perform a structural assessment of the Dove Springs Wastewater Treatment Plant clarifier, and that thereafter to engage in negotiation, mediation, or arbitration to resolve any disputes -- Doug Smith Smith explained that the Jose Guerra Company did reports in 1998 and 1999 that showed that there were problems that needed to be fixed. He said at the last Council Meeting Steger and Bizzell disputed the findings of those reports. He said, if there is a problem, there needs to be a remedy, but if there is no problem, taxpayer money should not be spent. He said therefore he is proposing the tolling agreement with Steger and Bizzell in order to hire a structural engineer to review the plant, meet with Steger and Bizzell and the staff from Jose Guerra, Inc. to arrange for mediation. Perry Steger, 1230 S. Austin Avenue, said he was not speaking on behalf of Steger and Bizzell, and said he is glad, after all this time, that the City is willing to allow the facts to "came out." He said he appreciates the opportunity to participate in the resolution of this matter. He said Steger and Bizzell feels very confident in the work they have done. Motion by Smith, second by Noble to direct staff to enter into a tolling agreement with Steger and Bizzell Engineering to include negotiation, mediation, and arbitration to resolve any disputes that may arise, and further to retain a mutually -agreed-upon structural engineer at a cost not to exceed $10,000 to be funded from the Wastewater Fund. Carls asked if the cost is to be shared and is the City's share not to exceed City Council Meeting Minutes/March 26, 2002 Page 6 of 11 Pages $10,000? Smith said it is his intent that the City pay the $10,000 but asked that Steger and Bizzell approve the engineer that is chosen. Approved 6-0, CC -9 First Reading of an ordinance amending Sections 4.24.030; 6.04.070; 6.08.100; 6.08.140; 6.08.150; 6.12.060; 6.16.060; 6.20.030; 6.30.090; 6.30.110; 6.40.020; 7.02.040; 7.02.060; 7.02.100; 7.03.120; 7.05.210; 8.04.030; 8.12.040; 12.08.020; 12.16.030; 12.16.070; 12.24.040; 12.24.050; 13.04.190; 13.32.010; 15.03.030; 15.04.040; 15.05.040; 15.09.020; 15.10.020; 15.12.020; AND 15.13.020; 15.16.150; 15.20.050; 15.32.020; 15.48.050 of the Code of Ordinances to provide that fees shall not be waived -- Trish Carls Carls explained the purpose of the item and read only the caption after having satisfied the requirements of the City Charter. Roy Holiday, 1303 Elm Street, member of the Georgetown Sertoma Club, introduced the Sertoma members in the audience, saying that Sertoma Club is responsible for the 4th of July Celebration each year and told Council that the Sertoma Club is concerned about Council not waiving the fees because the Sertoma Club does not make any money on the celebration. He said they expect 55,000 to 60,000 people. He asked Council to consider waiving fees for non-profit organizations that sponsor tourism events for the City. Chris Mealy, 120 E. 8th Street, member of Sertoma, asked Council to evaluate whether to waive the fees based on the benefit of the event to the community and whether it will be of economic benefit. He asked that the Council not "handcuff' Sertoma by charging fees. Motion by Navarrette, second by Noble to approve the ordinance on first reading for all of the Code sections in the subject matter read by Carls with the exception of Sections 18, 8.04.030, 21, 23, 24 and 26 of the ordinance as proposed. Yantis clarified that the fees referred to by the Sertoma Club pertain to the wages of the City employees that will be participating to provide the 4th of July celebration, and are not a part of the proposed ordinance. Yantis said the policy is that hourly wages will be assessed to the event sponsors as well as any equipment that might be damaged or lost. He also said it is policy to provide the event sponsors with an estimate of what the fees would be before the event. Carls explained that the part of the law that applies to the above issue was not included in the proposed ordinance and has been the law for years, but has not, in the past, applied to the Sertoma 4th of July Celebration. Carls suggested that a standard be created if some fees may be waivered in the future. Smith asked why the organization should be charged for the City providing police protection for the event. Mealy asked if the City could, as a co-sponsor, cover certain costs. Yantis asked for direction as to which events are classified as community -wide events. Smith asked if this ordinance and the other issue could be brought back to Council at a future meeting. Navarrette withdrew his previous motion. Motion by Navarrette, second by Pfiester to defer and bring back with the service delivery fees included. Approved 5-0. (Lyda no longer on the dais.) V Consideration and possible action to authorize the Mayor to execute a new 20 -year with a ten-year option Airport Ground Lease with Airesun Limited Partnership for the Banner Aerospace leased premises -- Travis McLain and Tom Yantis McLain reported that the Airport Advisory Board voted 5 to 2 last night to grant Airesun a new lease. He noted that representatives from Airesun and Banner are in the audience if there are questions. Pfiester pointed out there are economic implications involved because at the end of the original lease the building belongs to the City. He said Banner told him they have spent about $250,000 on the hangar. There was discussion. Motion by Pfiester, second by Navarrette to deny the new lease. Winthrop Aldridge of Airesun Limited noted that he is paying the highest rent per square foot at the airport City Council Meeting Minutes/March 26, 2002 Page 7 of 11 Pages and also that he is willing to lease some more land that would be paved for a parking lot. He cited several other companies at the airport that have been able to lease more land with new 20 -year leases. There was discussion regarding the rental rates. Fred List, 444 Logan Ranch Road, said he attended the Airport Advisory Board Meeting and said he doesn't think the Board knew what they were voting about. He said he spoke with the two who voted against it and they didn't understand what they were voting about. McLain told Council the two who voted against it said they did so because they didn't have enough information to recommend a rental rate, not that they didn't know what they were voting on. He said those two gentlemen have leases at the airport. Vote on motion to deny: Denied 2-3 (Noble, Burson and Lyda opposed) Motion failed. Motion by Navarrette to defer this item to the next Council meeting with comparisons and background history for the on what Municipal has been done in the past. Approved 4-1. (Smith opposed) W Consideration and possible action to direct the Mayor to certify the Noise Exposure Map documents for the Georgetown Municipal Airport F.A.R. Part 150 Noise Compatibility Study -- Travis McLain and Tom Yantis This item was handled earlier in at the beginning of the Legislative Regular Agenda. X Consideration and possible action to authorize application for a grant of $60,000 from the Federal Emergency Management Agency (FEMA) with a ten percent matching fund required of $6,000 from the City of Georgetown 2002/2003 Budget Year to fund two thermal imaging cameras and ten self-contained breathing apparatus (SCBA) -- Anthony Lincoln Lincoln explained the item and said that the matching fund would be in next year's budget which he proposed to come out of the "billing -for -services" fund. Motion by Pfiester, second by Smith to approve the application for a grant. Approved 5-0. Y Consideration and possible action for an award of bid for the renovation/additions on the Municipal Complex to STR Constructors in the amount of $3,792,600.00 -- Terry Jones and Micki Rundell Jones explained the item and Rundell said there is $4 million set aside for this project. Navarrette expressed skepticism about the portions of the project that were not included in the bid such as telephone system and wiring. Yantis said that those project costs would be kept within the total budget of $4 million. Motion by Pfiester, second by Smith to approve the award of bid. Approved 5-0. Z Discussion and possible action concerning unexpected and unfunded expenses that have no identified funding source in the current (2001/2002) budget -- Micki Rundell Rundell listed the unfunded expenses and noted that much of it has been recovered through salary savings, and fund balance in the facilities fund as well as the contingency portion of the facilities fund. She said there are two areas for which they have no funding source: (1) February recall election, and (2) legal costs. She recommended using fund balance for those two expenses. She said the unexpected expenses were: recall, referendum, redistricting, Waterpark, Rivery Partners and Quorum lawsuits, and other legal expenses. She recommended funding the Williams Drive Pool from Council Contingency. Yantis reviewed that there had been a possibility of closing the Williams Drive Pool in order to use the money from the sale of the pool to build another pool adjacent to the Recreation Center, but because the Williams Drive Pool was built with Texas Parks and Wildlife grant funds, there is a process that must be accomplished in order to sell the property. Therefore, because that process has not been completed, money will be needed to continue to operate the pool. Motion by Pfiester, second by Burson to approve the funding sources as described by Rundell. Approved 3-2. (Noble and Navarrette opposed) There was discussion as to whether this item requires action by at least a majority of the Council (four members). It was determined that because this was not the actual budget amendment, no vote was required. AA Consideration and possible action on a Variance to the Subdivision Regulation for Crystal Knoll Terrace, City Council Meeting Minutes/March 26, 2002 Page 8 of 11 Pages Unit 3, Block B, Lot 87, located at 110 Hickory Tree Drive -- Melissa Murphy and Amelia Sondgeroth Murphy noted that this item is for two variances. She said the applicant is present. There was discussion. Willie Gurben, 110 Hickory Tree Drive, owner, showed Council pictures of the enclosed patio structure. He said he personally met with all the neighbors, and out of 16 people, only one person was against the construction. He said it would be costly to repair the roof and the overhang if he is forced to remove the structure. Noble confirmed with Carls that in order to override the decision of the Planning and Zoning Commision, there would need to be a majority plus one voting in the affirmative. Motion by Navarrette, second by Pfiester to allow the variance to 110 Hickory Tree Drive and direct staff to notify each of the property owners in Crystal Knoll Terrace in the appropriate units to inform them that they are subject to the city subdivision regulations. He read the following findings of fact: 1. The public convenience and welfare will be substantially served because the enhanced structure at 110 Hickory Tree Drive is comparable to existing surrounding structures; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished because the variance will not impede into their sight or their view; and 3. The applicant has not created the hardship from which relief is sought because the variance is to address the fact that the applicant was unaware of any code violations because he was unaware that he was under city jurisdiction; and 4. The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property because similar structures have been and are currently built in similar situations; and 5. The hardship from which relief is sought is not solely of an economic nature because the variance is not solely done to enhance his property value, but to enhance his quality of living and his home; and 6. The variance is not contrary to the public interest because many communities in Old Town have similar setbacks and, as noted, many in this neighborhood do as well; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unneccessary hardship, because of the completion of the structure; and 8. In granting the variance, the spirit of the ordinance is observed and substantial justice is done. There was further discussion. Sondgeroth asked what purpose the notification would serve. She said property owners in that subdivision are not required to pull a building permit, but they would need to pull electrical and plumbing permits. Vote on motion: Approved 5-0. BB Second Readings 1. Second Reading of an ordinance establishing "No Parking Zones" on W. 3rd, W. 4th, W. 5th, W. 6th, Martin Luther King, Jr. and West Streets -- Patricia Carls Carls explained the changes that were made. She read only the caption of the ordinance on second reading. Motion by Pfiester, second by Smith to approve Items BB -1 and BB -2. Approved 5-0. 2. Second Reading of an ordinance amending Chapter 12.24 of the Code of Ordinances relating to parades and processions to add provisions allowing temporary special events signs -- Tom Leggitt and Anthony Lincoln Carls explained the changes that were made. She read only the caption of the ordinance on second reading. Motion by Pfiester, second by Smith to approve Items BB -1 and BB -2. Approved 5-0. CC First Readings 1. First Reading of an Ordinance to amend the Zoning Ordinance to establish a digital map and related provisions to the Official Zoning Map of the City of Georgetown -- Ed Polasek and Amelia Songeroth Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Burson, second by Noble to approve the ordinance City Council Meeting Minutes/March 26, 2002 Page 9 of 11 Pages on first reading. Approved 5-0. Bryce showed slides that explained the new zoning map. Yantis noted that the staff at Development Services are to be commended for such a good job. Sondgeroth noted that there would be a kiosk in the new building when Development Services moves that will allow citizens to utilize the zoning map. 2. First Reading of an ordinance to amend the Century Plan from Intensity Level Two to Intensity Level Four, or any more restrictive classification, for 4.75 acres, more or less, in the Joseph Fish Survey, located at the Southeast corner of the intersection of Penny Lane and FM 2338 (Williams Drive) -- Ed Polasek and Amelia Sondgeroth This item was pulled by the applicant. 3. First Reading of an ordinance to amend the Century Plan from Intensity Level Two to Intensity Level Four, or any more restrictive classification, for 4.76 acres, more or less, in the Joseph Fish Survey, located at the Northeast corner of the intersection of Penny Lane and FM 2338 (Williams Drive) -- Ed Polasek and Amelia Songeroth This item was pulled by the applicant. 4. First reading of an ordinance rezoning a 4.75 acre tract in the Joseph Fish Survey, from A, Agricultural, to C-1, Local Commercial, or more restrictive district, located at the southeast corner of the intersection of Penny Lane and Williams Drive -- Melissa Murphy and Amelia Sondgeroth This item was pulled by the applicant. 5. First reading of an ordinance rezoning a 4.76 acre tract in the Joseph Fish Survey, from A, Agricultural, to C-1, Local Commercial, or more restrictive district, located at the northeast corner of the intersection of Penny Lane and Williams Drive -- Melissa Murphy and Amelia Sondgeroth This item was pulled by the applicant. 6. First reading of an ordinance rezoning the City of Georgetown, Block 10, portions of Lot 7 and Lot 8, from RS, Residential Single Family to RM -3, Office and Service District, or any more restrictive district, located at 203 Austin Avenue -- Carla Benton and Amelia Sondgeroth Murphy read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Navarrette confirmed that this property is in the Overlay District. Murphy said this project was "in process" before the District was adopted and therefore will not be reviewed by the Historical and Architectural Review Commission. Motion by Pfiester, second by Noble to approve the ordinance on first reading. Approved 5-0. 7. First reading of an ordinance rezoning the City of Georgetown, Block 14, Lot 5 , from RM -3, Office and Service District to C -2A, Commercial First Height, or any more restrictive zoning classification, to be known as Fabulous Cheesecakes and Gourmet, located at 307 Rock Street -- Carla Benton and Amelia Sondgeroth Murphy read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Burson to approve the ordinance on first reading. Approved 5-0. 8. First reading of an ordinance amending Chapter 2.36 of the Code of Ordinances relating to commissions, committees, and boards to add Section 2.36.010, and to amend Sections 2.36.030, 2.36.040, and 2.36.050 -- Trish Carls Carls explained the ordinance and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Burson, second by Pfiester to approve the ordinance on first reading. Approved 5-0. 9. First Reading of an ordinance amending Sections 4.24.030; 6.04.070; 6.08.100; 6.08.140; 6.08.150; 6.12.060; 6.16.060; 6.20.030; 6.30.090; 6.30.110; 6.40.020; 7.02.040; 7.02.060; 7.02.100; 7.03.120; 7.05.210; 8.04.030; 8.12.040; 12.08.020; 12.16.030; 12.16.070; 12.24.040; City Council Meeting Minutes/March 26, 2002 Page 10 of 11 Pages 12.24.050; 13.04.190; 13.32.010; 15.03.030; 15.04.040; 15.05.040; 15.09.020; 15.10.020; 15.12.020; AND 15.13.020; 15.16.150; 15.20.050; 15.32.020; 15.48.050 of the Code of Ordinances to provide that fees shall not be waived -- Trish Carls This item was handled earlier following Item U. DD Consideration and possible action to support a proposal from the City of Killeen, in partnership with Ft. Hood, to establish a state veteran's cemetery on property that Ft. Hood would provide -- MaryEllen Kersch Kersch explained the item. Motion by Pfiester, second by Burson to approve the resolution of support. Approved 5-0. The meeting was adjourned at 10:52 PM. (Mayor MaryEllen Kersch City Council Meeting Minutes/March 26, 2002 Page 11 of 11 Pages City Secretary Sandra Lee