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HomeMy WebLinkAboutMIN 03.28.1989 CC-RCITY OF GEORGETOWN, TEXAS P. O. BOX 409 GEORGETOWN, TEXAS 78626 March 28, 1989 The City Council of the City of Georgetown, Texas met in a Regular Session on the above date at 7:00 p.m. with Mayor Kennedy presiding. The following members of Council and officials were present: Councilmembers Ercel Brashear, Luther Laubach, and Mike McMaster; City Manager, Bob Hart; City Attorney, Diane Callander; City Secretary, Leta F. Willoughby; Director of Community Services, Hartley Sappington; Director of Public Utilities, Jim Briggs; and Director of Finance, Glenn Reynolds. Councilmembers Doak Fling and Barbara Pearce were absent. REGULAR MEETING - 7:00 P.M. Consent Agenda: 890106 Award of Bid for Unleaded Gasoline/Terry Jones and Glenn Reynolds Bid awarded to Hoco Oil Company for 12,000 gallons of unleaded gasoline at $9,498.00. H. 890107 Approve Resolution Authorizing the Mayor to Execute an Airport Lease Assignment from Marbert Moore to John Cannan/Travis McLain and Hartley Sappington RESOLUTION NUMBER 890107 WHEREAS, the City Council (the "Council") of the City of Georgetown, Texas has heretofore granted permission to Gale Manning and wife, Diana Manning, to assign one certain Lease Agreement dated June 30, 1981 to Marbert Moore, Jr.; and WHEREAS, Marbert Moore, Jr. now desires to assign said lease to John H. Cannan, DBA Cannan Aviation; and WHEREAS, John H. Cannan desires to accept the assignment; and WHEREAS, the "Council" agrees that the assignment is in the best interests of the City; and WHEREAS, the City Council has found that this action implements Facilities and Services Policy I of the Century Plan - Policy Plan Element and is not found to be inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS; 03/28/89 (csf mar28.min) page 1 of 11 SECTION I. All the facts recited in the preamble to this Resolution are hereby found by the Council to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied herein verbatim. SECTION II. That the Council hereby approves the Assignment of Lease between Marbert Moore, Jr. (Assignor) and John H. Cannan, DBA Cannan Aviation (Assignee) in the form attached hereto as Exhibit "A1P. SECTION III. That the Council authorizes the Mayor to execute, the City Secretary to attest to and the City Attorney to approve as to form the Assignment of Lease. 890108 Consideration of and Possible Action on Resolution Approving Bylaws for the Planning and Zoning Commission/John Warden and Ed Barry Mayor Kennedy stated that he would like to have agenda item no. 89108 pulled from the consent agenda and considered under the regular agenda. Motion by Councilmember Brashear and Second by Councilmember Laubach to approve the Consent Agenda, with the exception of item no. 89108. MOTION: BRASHEAR SECOND* LAUBACH MOTION CARRIED: UNANIMOUS Regular Agenda: 890108 Consideration of and Possible Action on Resolution Approving Bylaws for the Planning and Zoning Commission/John Warden and Ed Barry DISCUSSION FOLLOWED REGARDING THE CONCERNS OVER THE RESTRICTIVENESS OF SECTION VI. Motion by Councilmember Brashear and Second by Councilmember Laubach to defer this item until a later date and instruct the staff to draft some alternatives for Section VI of the By-laws. MOTION: BRASHEAR SECOND: LAUBACH MOTION CARRIED: 03/28/89 UNANIMOUS (csf mar28.min) page 2 of 11 10021#10V 890110 Citizens Wishing to Address Council None Award of Construction Contract for Morrow Street Waterline -Project No. 00408/Jim Briggs Motion by Councilmember Laubach and Second by Councilmember Brashear to approve Resolution No. 89110 as read. MOTION: LAUBACH SECOND: BRASHEAR MOTION CARRIED: UNANIMOUS RESOLUTION NO. 89110 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS AND BAY MAINTENANCE COMPANY. AUTHORIZING CONSTRUCTION SERVICES RELATED TO EXTENSION OF THE MORROW STREET WATERLINE AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME. WHEREAS, the City of Georgetown, Texas is the major distributor of water within its corporate limits, and WHEREAS, the City Council finds safe and efficient distribution of water is essential to the operation of the City's Public Utilities Department, and WHEREAS, Bay Maintenance Company were the lowest bidder to this project and the City of Georgetown desire to enter into an agreement for construction services related to water system improvements of the Morrow Street Waterline extension project, and authorizing the Mayor to execute the same, WHEREAS, the City Council has found that this action implements (Utilities/Energy Policy 3) of the Century Plan - Policy Plan Element, and is not found to be inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, Section I. That the City finds the recitals set forth above are true and correct and are incorporated herein. Section II. That the City Council awards the bid for construction of the Morrow Street Waterline extension and approves the agreement between the City of Georgetown and Bay Maintenance Company for construction of water system improvements and all backup information attached hereto and incorporated herein as if fully set forth at length. 03/28/89 (csf mar28.min) page 3 of 11 Section III. That the Mayor is hereby authorized to execute the contract documents and City Secretary to attest. 890111 Consideration of and Possible Action on an Ordinance Repealing Section 10-1, "Payment of Claims for Equipment", Repealing Section 10-2, "Contracts for Public Improvements" of Chapter 10 of the Code of Ordinances and Adding New Sections® 10-1, Providing for Filing Claims for Disputed Bills; 10-2, Authorizing City Manager to Approve Expenditures up to $5,000.00; 10-3, Providing for Machine Facsimile for Signatures of City Manager and Mayor/FIRST READING/Glenn Reynolds DISCUSSION FOLLOWED Motion by Councilmember Brashear and Second by Councilmember McMaster to approve this ordinance on first reading. MOTION* BRASHEAR SECOND: MCMASTER MOTION CARRIED: UNANIMOUS ORDINANCE N0, AN ORDINANCE AMENDING SECTION 10-1(C) "PAYMENT OF CLAIMS FOR EQUIPMENT, ETC." OF CHAPTER 10 OF THE CITY OF GEORGETOWN, TEXAS CODE OF ORDINANCES BY ADDING AN EXCEPTION THERETO; AND BY ADDING A NEW SUBSECTION, 10-1(d) TO CHAPTER 10 OF THE CITY OF GEORGETOWN, TEXAS CODE OF ORDINANCES TO AUTHORIZE THE CITY MANAGER TO CONTRACT FOR EXPENDITURES LESS THAN $55000.00; REPEALING SECTION 10-2 "CONTRACTS FOR PUBLIC IMPROVEMENTS" OF THE CODE OF ORDINANCES IN ITS ENTIRETY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Charter of the City of Georgetown, Texas provides the City Manager with the authority to contract for expenditures without further approval of the City Council for all budgeted items not exceeding $5,000.00, when an ordinance is adopted; and WHEREAS, the City Council deems it necessary to repeal Section 10-2 "Contracts for Public Improvements" in its entirety because the provisions that are contained therein are partially provided for in state law and are otherwise more appropriately addressed in contract documents; NOW THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS that: SECTION I. The City Council finds that the recitals set forth in the preamble of this ordinance are true and correct and are adopted herein. 03/28/89 (csf mar28.min) page 4 of 11 SECTION II, The City of Georgetown, Texas Code of Ordinances Section 10-1(d) P°Payment of Claims for Equipment, etc." of Chapter 10 entitled "Finance" is hereby added to read as follows as a new subsections Sec. 10-1. Payment of claims for equipment, etc. (d) The City Manager is provided authority to contract for expenditures without further approval of the City Council for all budgeted items not exceeding $5,000.00. SECTION III. In order to appropriately implement Section 10-1 (d) the City of Georgetown, Texas Code of Ordinances Section 10-1(c) "Payment of claims for equipment, etc." of Chapter 10 entitled "Finance" is hereby amended to read as follows: Sec. 10-1. Payment of claims for equipment, etc. (c) Claims shall be allowed, except as provided for in subsection (d) of this section, only at regular meetings of the Council, and shall have been filed with the City Manager at least one whole day before the meeting at which they are allowed; provided, claims due any officer of the city in his official capacity and those allowed by unanimous vote may be allowed at other than regular meeting. SECTION IV. The City of Georgetown, Texas Code of Ordinances Section 10-2 and the subsections thereto "Contracts for public improvements" of Chapter 10 entitled "FinanceP1 are hereby repealed in its entirety. SECTION V. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence or part of this ordinance or the application of same to any person or circumstance shall for any reason by adjudged invalid or held unconstitutional, by a court of competent jurisdiction, it shall not affect, imprair, or invalidate the remainder of this ordinance which shall be given full force and effect. SECTION VI. If any ordinance, resolution, policy or procedure is in conflict or inconsistent with the terms, conditions, or provisions of this ordinance, then the same is hereby repealed to the extent of any conflict or inconsistency. 03/28/89 (csf mar28.min) page 5 of 11 SECTION VI. This ordinance shall become effective immediately upon passage and second reading of the City Council of the City of Georgetown, Texas. 890112 No Item 890113 Consideration of and Possible Action on a Resolution and Contract for Tourism Development Board Funding of Williamson County Sheriff's Posse Rodeo, 1989/Gwen Morrison, Liz Taylor and Hartley Sappington DISCUSSION FOLLOWED Motion by Councilmember Laubach and Second by Councilmember McMaster to approve Resolution No. 890113 as read. MOTION: LAUBACH SECOND: MCMASTER MOTION CARRIED: UNANIMOUS RESOLUTION NO. 890113 A RESOLUTION AUTHORIZING THE CITY OF GEORGETOWN, TEXAS, TO ENTER INTO A FUNDING AGREEMENT WITH THE WILLIAMSON COUNTY SHERIFF'S POSSE, BY AND THROUGH ITS REPRESENTATIVE, STEPHEN SCHAEFER, FOR THE PROMOTION AND ADVERTISING OF THE 89 RODEO EVENT; COMMITTING EIGHT THOUSAND DOLLARS FOR FUNDING FROM THE CITY'S TOURISM DEVELOPMENT FUNDS, TWO THOUSAND OF THAT FROM THE TOURISM DIRECT OPERATING BUDGET AND SIX THOUSAND FROM THE TOURISM'S COUNCIL CONTINGENCY LINE ITEM; PROVIDING FOR REFUND OF A PORTION OF THOSE FUNDS; SETTING A SPECIFIC TIME PERIOD FOR USE; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT UPON APPROVAL BY THE CITY ATTORNEY, 890114 Consideration of and Possible Action on an Ordinance to Modify 15 Minute Parking Zones in the Downtown Area to 2 Hour Parking/SECOND READING/Hugh Anderson Motion by Councilmember McMaster and Second by Councilmember Brashear to approve and adopt Ordinance No. 890114 on second and final reading. MOTION: MCMASTER SECOND: BRASHEAR MOTION CARRIED: UNANIMOUS ORDINANCE NO. 890114 AN ORDINANCE AMENDING ORDINANCE NO. 880010.022 AND SECTION 22-41 OF ARTICLE III, PARKING, CHAPTER 22 OF THE GEORGETOWN CODE OF ORDINANCES; CHANGING THE PERIOD OF TIME DURING WHICH A VEHICLE CAN BE LEGALLY PARKED IN ZONES SO MARKED AND DESIGNATED AS 03/28/89 (csf mar28.min) page 6 of 11 FIFTEEN MINUTE ZONES, TO TWO HOUR ZONES AS SPECIFIED ON ADJOINING STREETS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS UP TO $200®00; PROVIDING FOR PUBLICATION AND SETTING AN EFFECTIVE DATE: 890115 Consideration of and Possible Action on an Ordinance to Revert the 100 Block of East 8th (Old Post Office) from One -Way to Two -Way Traffic/SECOND READING/Hugh Anderson Motion by Councilmember McMaster and Second by Councilmember Brashear to approve and adopt Ordinance No. 890115 on Second and Final Reading, MOTION: MCMASTER SECOND: BRASHEAR MOTION CARRIED: UNANIMOUS ORDINANCE NO. 890115 AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS DESIGNATING TWO-WAY TRAFFIC ON A PORTION OF 8TH STREET FROM MAIN STREET TO CHURCH STREET IN THE CITY LIMITS OF THE CITY OF GEORGETOWN; ESTABLISHING THE BOUNDARIES BEING MODIFIED FROM THE EXISTING ONE-WAY PORTION OF 8TH STREET; PROVIDING A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE: 890116 Consideration of and Possible Action on Approving North 81 Highway Utility Extension/Bob Hart Motion by Councilmember Laubach and Second by Councilmember Brashear to authorize the Director of Utilities to acquire engineering services for utility extension to Hwy 81 north: Phase I to include Alternate A and Phase II to include Alternate I; with a funding source of account 0603005102. MOTION: LAUBACH SECOND: BRASHEAR MOTION CARRIED: UNANIMOUS 890117 Consideration of and Possible Action on an Ordinance Rezoning Lots 1, 2, 3, 13, 14, 15, 16 & 17 of Block A of River Hills, Section I, from RS to C-1/FIRST READING/John Warden and Ed Barry Comments by Holland Smith of Williamson County Baptist Association, a landholder in the area, regarding deed restrictions. Motion by Councilmember Brashear and Second by Councilmember Laubach to approve this ordinance on First Reading. MOTION: BRASHEAR SECOND: LAUBACH MOTION CARRIED: 03/28/89 UNANIMOUS (csf mar28.min) page 7 of 11 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ON THE 12TH DAY OF FEBRUARY 1968, AMENDING A PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE LOTS 15 21 3, 139 149 15, 16, AND 17, BLOCK A. IN RIVER HILLS SECTION ONE AS RECORDED IN CABINET D SLIDE 304 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID PROPERTY BEING LOCATED IN THE CITY OF GEORGETOWN AND WILLIAMSON COUNTY, TEXAS, FROM THE RS RESIDENTIAL SINGLE-FAMILY DISTRICT TO THE C-1 (LOCAL COMMERCIAL) DISTRICT ZONING CLASSIFICATIONS, AND ESTABLISHING CONDITIONS PRECEDENT TO THE ISSUANCE OF A BUILDING PERMIT FOR CONSTRUCTION OR RECONSTRUCTION OF IMPROVEMENTS ON SUCH PROPERTY. WHEREAS, an application has been made to the City Council for the purpose of changing the zoning district classification of the following described real property ("the Property"), which is mapped on page two of Exhibit A: Lots 1, 2, 3, 13, 14, 15, 16, and 17, Block A, River Hills Section One, as recorded in Cabinet D Slide 304 of the Plat Records of Williamson County, Texas WHEREAS, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and WHEREAS, notice of such hearing was published in a newspaper of general circulation in the City, which stated the time and place of hearing, which time was not fewer than fifteen (15) days after the first day of such publication; and WHEREAS, written notice was given as required by state law for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property; and WHEREAS, the applicant for such zoning change placed on the Property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing; and WHEREAS, the City Planning and Zoning Commission in a meeting held on March 7, 1989, recommended the changing of said zoning district classifications provided in the Base Ordinance on the above described property from the RS RESIDENTIAL SINGLE-FAMILY district to the C-1 LOCAL COMMERCIAL district zoning classification; and WHEREAS, the City Council hereby finds that reasonable conditions of development permit issuance are necessary to provide for the orderly development of the property within the proposed District and that such conditions are necessary 03/28/89 (csf mar28.min) page 8 of 11 for the protection of the surrounding properties and the general public; and WHEREAS, the City Council hereby finds that this amendment to the zoning district containing the described property is appropriate and consistent with the City's comprehensive plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section One. That all of the facts recited in the preamble to this ordinance are hereby found by the Council to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim; Section Two. That the Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the property described as Lots 12 2, 3, 13, 14, 15, 16, and 17, Block A, in River Hills Section One, as recorded in Cabinet D, Slide 304 of the plat records of Williamson County, Texas, shall be and the same is hereby changed from the RS RESIDENTIAL SINGLE-FAMILY District to the C-1 LOCAL COMMERCIAL District. Section Three. That the City requires the applicant for this zoning change to comply with the conditions set forth in Exhibit "A" attached hereto and incorporated by reference herein. No building permit nor certificate of occupancy shall be issued for any construction or reconstruction on such Property until the conditions are completed. The conditions imposed herein are not to be construed as conditions to the granting of zoning, but rather, they are conditions precedent to the issuance of building permits and certificates of occupancy. The rights and obligations of the applicant for zoning change under this ordinance shall be binding upon the applicant for zoning change and any subsequent owners of the Property. Section Four. That if any section, provision, subsection, paragraph, sentence, clause, phrase, or word in this ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Georgetown, Texas, hereby declares it would have enacted such remaining portions, despite such invalidity. 03/28/89 (csf mar28.min) page 9 of 11 EXHIBIT A Page 1 of 2 Property: Lots 1, 2, 3, 13, 14, 15, 16, and 17 of Block A in River Hills Section One as recorded in Cabinet D, Slide 304 ofthe PlatRecords of Williamson County, Texas. Conditions: Approval of a Detailed Development Plan complying with the requirements of the City's Subdivision Regulations prior to issuance of a development permit for any of these lots. In order to meet the design standards of the subdivision regulations for separation of driveways, access to the frontage road shall be limited to a single shared driveway between lots 1 & 2, between lots 14 & 15, and between lots 16 & 17. The purpose of this is to restrict the number of driveway cuts accessing the frontage road to no more than three. 890118 Consideration of and Possible Action on Reata Lift Station Improvments/Jim Briggs Motion by Councilmember Laubach and Second by Councilmember Brashear to authorize the staff to proceed with the detailed engineering as presented in the preliminary report and to proceed with the project. MOTION: LAUBACH SECOND: BRASHEAR MOTION CARRIED: UNANIMOUS 890119 Mayor, Council and City Manager Comments and Reports ADJOURNMENT: TIME: Bob Hart commented on the following: meeting with LCRA regarding load management; planning report regarding development fees; and briefly discussed the progress of the economic development committee. There being no further business to come before the City Councilm Mayor Kennedy adjourned the meeting. 8:05 p.m. APPROVED: , `MAYOR 03/28/89 (csf mar28.min) page 10 of 11 ATTEST: ZETA ILLOUGHBY, CITY SEC TARY CERTIFICATE THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN I, , being the current City Secretary of the City of Georgetown, Texas do hereby certify that the attached is a true and correct copy of the minutes of the meeting of the City Council of the City of Georgetown, Texas for the day of , 19 , and such meeting was open to the public and notice of said meeting, giving the date, place, and subject thereof, was posted as prescribed by Article 6252-17, Section 3A, VATCS. Witness my hand 19 (City Seal) City Secretary and seal of office this day of 03/28/89 (csf mar28amin) page 14 of 14