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HomeMy WebLinkAboutMIN 12.09.1997 CC-W&RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Leo Wood presiding. Council Present: iCouncil Absent: Charles "Hoss" Burson, Lee Bain, Shelley none Davis, Susan Hoyt, Mayor Pro Tem Ferd Tonn, Lorenzo "Shorty" Valdez, Charlie Barton Ed Barry/City of Georgetown, Jim Briggs/City of Georgetown, Susan Morgan/City of Georgetown, Leon Henderson/City of Georgetown, Vickie Robinson/City of Georgetown, Don Rundell/City of Georgetown, Murray Blackman/City of Georgetown, Jim Babcock/City of Georgetown, John Applewhaite/City of Georgetown, Hildy Kingma/City of Georgetown, Sheila Henderson/City of Georgetown, Bob Hart/City of Georgetown, Marianne Banks/City of Georgetown, Sandra Lee/City of Georgetown, Verna Browning/City of Georgetown, Terry Jones/City of Georgetown, Wendy Walsh/City of Georgetown, David Munk/City of Georgetown, Clyde von Rosenberg/City of Ge PolicyDevelopment/Review Workshop A Presentation of Annual Investment Report and Annual Review of City of Georgetown Investment Policies -- Micki Rundell and Susan Morgan Hart explained that the City is required to present an annual investment report, and introduced Finance Director Morgan who highlighted the objectives of the report and explained various aspects of the report as required by the City Investment Policy. She noted that the "book" and "market" values were higher as of September 30, 1997, than the same date last year. She reviewed the policy changes being requested on this agenda and gave Council a list of the 1997/98 Strategies to be used for investing. B Briefing and Update regarding the Lake Georgetown Water Treatment Plant Expansion Project Close -Out -- Jim Briggs Briggs introduced Steve Link of Camp, Dresser, McKee, (CDM), Project Manager on the Plant Expansion. Link explained that the demand has steadily increased, and gave Council an overview of the requirements made by the Texas Natural Resource Conservation Commission to City Council Meeting Minutes/December 9, 1997 Page 1 of 8 Pages increase the capacity of the plant. He said the plant capacity was increased from 5.5 mgd to 7.5 mgd prior to the scheduled completion date at a cost under the projected budget --an overall reduction of approximately $50,000 --delaying needed plant expansion until around the year 2000. Open Session called to order at 6:37 p.m. to convene for Executive Session. Executive Session C Sec.551.071 consultation with attorney D Sec.551.072 deliberation on real property E Sec.551.075 conference with employee Regular Session Open Session resumed at 7:12 p.m. F Action on Executive Session Items There was no action on Executive Session items. G Mayor, Council, City Manager, and staff comments and reports Hart distributed to Council a sample staff report to be used in the future on development items, asking for input on the format which is to become effective in January. Hart told Council that the Committee on the 150th Birthday Celebration would like to hold a New Year's Day Brunch as a "Kick -Off' activity for the Birthday Celebration. Wood reviewed the anticipated activities of the actual celebration in October. Davis told of having attended the NLC Congress of Cities Conference in Philadelphia, and asked to be able to give a report at the second meeting in January. He also told of having attended the Board Meeting of the Georgetown Project. He noted that he is grateful that the Council had budgeted to support the Georgetown Project. H Citizens wishing to address the Council Wood asked J. B. Smith, Reporter with the Williamson County Sun to come to the podium, noting that he has now accepted a position with the Waco Tribune -Herald, and presented him with a City of Georgetown paperweight. William P. Mullock, 3021 Addie Lane, asked Council to lower the water rates by $0.50. He claimed that the Council's decision at the Budget Retreat was done in secret. Bain and Davis agreed to sponsor his request on the next Council Agenda, but did not agree to vote in favor of lowering the water rates. John Cielo, 109 Fountain Street, thanked the Council and commended the Police Department for their support of the Neighborhood Watch at Sun City. He noted that there are 180 residents who volunteered for the program. Bain commended Cielo for organizing the effort. Frank Parmenter, 4106 Sequoia Trail, said he reviewed the Investment Report and did not find listed the Tessco Buildings on 8th Street, for which the City paid $350,000; or Power Computing, for which the City paid $2 million. He claims that the City, County and School District are losing tax money on the Tessco buildings. Wood noted that Bain would abstain from voting on Items V, LL, MM, NN, and 00; and Hoyt City Council Meeting Minutes/December 9, 1997 Page 2 of 8 Pages would abstain from voting on Item W. Consideration of approval of the minutes for the Regular Meeting of Tuesday, November 25, 1997 -- Sandra Lee J Consideration of approval of the City of Georgetown Investment Report for year and quarter ended September 30, 1997 -- Micki Rundell and Susan Morgan. K Consideration of approval of a resolution revising the City of Georgetown Investment Policy -- Micki Rundell and Susan Morgan. L Consideration of approval to purchase a street sweeper from the Houston Galveston Area Council of Governments in the amount of $106,119.15 -- Terry Jones and Susan Morgan M Consideration of an award of a bid for library shelving to Libra -Tech in the amount of $19,407.83 -- Terry Jones and Susan Morgan N Consideration of an award of bid for poleline hardware to various bidders in the estimated amount of $158,220.80 -- Terry Jones and Jim Briggs O Consideration of approval of Amendment No. 38 to the contract between the City of Georgetown and Camp, Dresser, & McKee, in the amount of $63,500.00, for professional services related to the Williams Drive Interceptor Extension to provide design, geotechnical services, easement acquisition services, and State Revolving Fund funding assistance -- Don Rundell and Jim Briggs P Consideration of approval of an agreement between the City of Georgetown and Bury & Pittman, Inc. in the amount of $55,975.00 for professional engineering services related to the Texas Capital Fund Grant and the Texas Electric Cooperative project -- Don Rundell and Jim Briggs Valdez asked for the difference between this item and Item Q. Hart explained that part of the funds would be provided by the Texas Capital Fund. Q Consideration of approval of an agreement between the City of Georgetown and Bury & Pittman, Inc. in the amount of $17100.00 for professional engineering services related to the Texas Capital Fund Grant and the Texas Electric Cooperative project -- Don Rundell and Jim Briggs R Consideration of approval of a professional services contract between the City of Georgetown and Resources Management International, Inc. (RMI) to provide consulting services related to the design and development of enhanced utility services, in the amount of $68,000.00 -- Leon Henderson and Jim Briggs S Consideration of approval of a resolution in support of submission of Amendment Request Form No. 1 to the contract between the City of Georgetown and the Texas Department of Commerce on behalf of Advanced Cable Services -- Bob Hart T Consideration of a Public Review Final Plat of 17.225 acres in the Lewis J. Dyches and Ruidosa Irrigation Company Surveys, to be known as Madison Oaks, Phase One, located on South Austin Avenue, with variances to the Subdivision Regulations -- Wendy Walsh and Ed Barry U Consideration of a Conveyance Plat of 29.005 acres in the John Berry Survey, to be known as Vogler Subdivision, located on SH 195 and CR190 -- Wendy Walsh and Ed Barry City Council Meeting Minutes/December 9, 1997 Page 3 of 8 Pages V Consideration of a Public Review Final Plat of 9.023 acres in the John Berry Survey, to be known as Embree Subdivision, with Variances to the Subdivision Regulations, located on SH195 and CR190 -- Wendy Walsh and Ed Barry W Consideration of a resolution to authorize a License to Encroach into the five (5) foot Public Utility Easement located on the north property line of Lot 9, Block 7, Thousand Oaks Subdivision, located at 201 Rockmoor Drive -- Jim Babcock and Ed Barry X Consideration of approval of a resolution establishing rules and regulations regarding the use of excessive force during nonviolent civil rights demonstrations -- Bob Hart Davis asked for an explanation. Hart explained that this resolution is required to satisfy the regulations of the State Capital Fund Grant. Z Consideration of approval to authorize the allocation of up to $7,000 from Council Contingency for design/survey services for the proposed expansion/upgrade of County Road 190 from Airport Road to the intersection of S.H. 195 -- Bob Hart Barton and Bain asked for explanation. Hart explained that the design/survey was needed to predict the amount of curvature needed to expand the County Road in order to preserve a large tree growing in the middle of the roadway. AA Consideration of the allocation of $8,000 from Council Contingency for the demolition and removal of certain housing structures in Georgetown -- Bob Hart Barton and Bain asked for explanation. Hart explained that two of the structures were voluntary demolitions; the other was ordered by the Building Standards Commission with permission from the State Guardian of the property owner. Motion by Tonn, second by Valdez to approve the Consent Agenda in its entirety. Approved 7-0. Legislative Regular Agenda BB Second Reading of an ordinance to amend the Century Plan from Intensity Level 3 to Intensity Level 4, for 0.2147 acres in the Nicholas Porter Survey, located at 903 N. Church -- David Munk and Ed Barry Munk read the caption Jill Ordinance iPAP-161 VA T1911 timlJo No. T1- R W 1 IN al I a P No]. Z Consideration of approval to authorize the allocation of up to $7,000 from Council Contingency for design/survey services for the proposed expansion/upgrade of County Road 190 from Airport Road to the intersection of S.H. 195 -- Bob Hart Barton and Bain asked for explanation. Hart explained that the design/survey was needed to predict the amount of curvature needed to expand the County Road in order to preserve a large tree growing in the middle of the roadway. AA Consideration of the allocation of $8,000 from Council Contingency for the demolition and removal of certain housing structures in Georgetown -- Bob Hart Barton and Bain asked for explanation. Hart explained that two of the structures were voluntary demolitions; the other was ordered by the Building Standards Commission with permission from the State Guardian of the property owner. Motion by Tonn, second by Valdez to approve the Consent Agenda in its entirety. Approved 7-0. Legislative Regular Agenda BB Second Reading of an ordinance to amend the Century Plan from Intensity Level 3 to Intensity Level 4, for 0.2147 acres in the Nicholas Porter Survey, located at 903 N. Church -- David Munk and Ed Barry Munk read the caption of the ordinance. Motion by Valdez, second by Davis to approve Ordinance No. 97-59. Approved 7-0. CC Second Reading of an ordinance to amend the Century Plan from Intensity Level 3 to Intensity Level 4, for 0.66 acres out of the Nicholas Porter Survey, known as 901 North Church Street, and 0.165 acres out of the Nicholas Porter Survey, known as 906 Myrtle Street -- David Munk and Ed Barry Munk read the caption of the ordinance. Motion by Tonn, second by Barton to approve Ordinance. No. 97-60. Approved 7-0. DD Second Reading of an ordinance to amend the Century Plan for a 57.506 acre tract out of the David Wright and John Berry Surveys, to be known as Sunflower Subdivision, from Intensity Level 2 to Intensity Level 3 -- David Munk and Ed Barry City Council Meeting Minutes/December 9, 1997 Page 4 of 8 Pages Munk read the caption of the ordinance. Motion by Valdez, second by Burson to approve Ordinance No. 97-61. Approved 7-0. EE Second Reading of an ordinance to rezone 29.005 acres in the John Berry Survey, to be known as Vogler Subdivision, from A, Agricultural to C -2A - Restricted, Commercial First Height, located on SH 195 and CR190 -- Wendy Walsh and Ed Barry Walsh read the caption of the ordinance. Motion by Tonn, second by Valdez to approve Ordinance No. 97-62. Approved 7-0. FF Second reading of an ordinance providing for the annexation into the City of approximately 375.871 acres in the Daniel Monroe, Abner Short, Frederick Foy, and Burrell Eaves Surveys, to be known as a portion of Sun City Georgetown, Neighborhood One -C, Neighborhood Eleven, Neighborhood Thirteen, Neighborhood Fourteen, Neighborhood Thirty-five, and Neighborhood Thirty-six -- Clyde von Rosenberg and Ed Barry von Rosenberg read the caption of the ordinance. Motion by Bain, second by Davis to approve Ordinance No. 97-63. Approved 7-0. 5A, GG Second reading of an ordinance providing for the annexation into the City of approximately 154 acres, consisting of the Pleasant Valley Subdivision, Hartman Acres Subdivision, an approximately 23.5 acre tract in the Lewis Dyches Survey, the Raintree Subdivision, and an approximately 71.1 acre tract in the William Addison Survey -- Clyde von Rosenberg and Ed Barry von Rosenberg read the caption of the ordinance. Motion by Bain, second by Hoyt to approve Ordinance No. 97-64. Approved 7-0. HH Second reading of an ordinance establishing a franchise agreement between the City of Georgetown and Pedernales Electric Cooperative for the provision of electrical service within a portion of the City -- Bob Hart Hart read the caption of the ordinance, and noted that per the requirements of the City Charter, the item would be published and brought back to Council at the second meeting in January. Motion by Barton, second by Tonn to approve Ordinance No. 97-65. Approved 7-0. 11 Consideration of a Variance to the Subdivision Regulations for Sun City Georgetown, Neighborhood 5A, Lot 217, located at 144 Enchanted Drive -- Tom Bolt and Ed Barry Bolt noted that the applicant wants to leave in place a 20 square foot concrete slab in the back yard of the residence, which was placed there without a permit. He noted that the Planning and Zoning Commission had voted to deny the variance. Bill Connor, representing the applicant, showed pictures to the Council indicating a flagstone patio. His client, Ms. Mary Ann Vitacca, is severely allergic to insect bites, so she has regular pest control treatment of her residence and had a nursery build a flagstone patio so she could isolate herself from insects. He said it is unfortunate that the patio was installed over a public utility easement. He noted that several of her neighbors have come to the Council Meeting asking to speak in her support and he distributed two lists of people who also support her request for a variance. Bain stated that because a precedent was beginning for "after the fact" variances, the Council had City Council Meeting Minutes/December 9, 1997 Page 5 of 8 Pages decided to no longer approve these types of variances. Connor provided to Council copies of emergency room reports, and asked that Council make an exception to their new policy of no longer approving these types of variances. When asked by Barton, the applicant answered that Del Webb Customer Service had no objection because her property is adjacent to the golf course and her neighbors don't object. Barton stated that he agrees with Bain that the Council needs to stay firm on their policy. Connor suggested that perhaps his client could come back to Council and ask for a license to encroach. Banks explained that the license to encroach would not apply in this particular case, because it pertains only to public utility easements. Barry explained that this property has a platted setback to ensure separation between structures and provide openness. Connor asked to postpone this item until he has an opportunity to talk to the nursery company about relocating the patio, then he would come back through the process to ask Council for a variance before the patio is relocated, saying this would allow the Council to maintain their policy not to approve "after the fact" variances. Motion by Hoyt, second by Bain to defer this item to the January 13 Meeting. Approved 7-0. Jul First Reading of an ordinance to rezone 3.697 acres in the Lewis J. Dyches and Ruidosa Irrigation Company Surveys, to be known as Madison Oaks, Phase One, a portion of Block A, Lot 2, and Block B, Lot 4, from A, Agricultural to C-1, Local Commercial, or any more restrictive zoning district, located on South Austin Avenue and Madison Avenue-- Wendy Walsh and Ed Barry Walsh read the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Davis, second by Valdez to approve the ordinance on first reading. Approved 7-0. KK First Reading of an ordinance to amend the Century Plan for 29.005 acres in the John Berry Survey, to be known as Vogler Subdivision, from Intensity Levels Three and Four to Intensity Level Four, located on SH195 and CR190 -- Wendy Walsh and Ed Barry Walsh read the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Bain, second by Tonn to approve the ordinance on first reading. Approved 7-0. LL First Reading of an ordinance to rezone 33.983 acres in the David Wright Survey, Falls of San Gabriel, located on Booty's Crossing Road from A, Agricultural, to RS, Residential Single Family or any more restrictive district. -- Kim Shaw and Ed Barry Shaw read the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Tonn, second by Barton to approve the ordinance on first reading. Approved 6-0. (Bain abstained) MM First Reading of an ordinance to rezone 1.9545 acres in the John Berry Survey, to be known as Embree Subdivision, Lots 1 and 2, from A, Agricultural to C-1, Local Commercial or any more restrictive district, located on SH195 and CR190 -- Wendy Walsh and Ed Barry Walsh read the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Davis, second by Hoyt to approve the ordinance on first reading. Approved 6-0. (Bain abstained) NN First Reading of an ordinance to amend the Century Plan for 1.9545 acres in the John Berry Survey, to be known as Embree Subdivision, Lots 1 and 2, from Intensity Level Three to City Council Meeting Minutes/December 9, 1997 Page 6 of 8 Pages Intensity Level Four, located on SH195 and CR190 --Wendy Walsh and Ed Barry Walsh read the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Barton, second by Tonn to approve the ordinance on first reading. Approved 6-0. (Bain abstained) 00 Consideration of approval of a Development Agreement concerning the Embree Subdivision -- Marianne Banks Banks explained that the agreement is to defer construction of wastewater and street improvements required for development of the subdivision. She said the applicant had requested revisions to the draft that was provided in the packet and asked that Council approve the Agreement subject to her review. Motion by Tonn, second by Valdez to approve the Development Agreement subject to the approval of the City Attorney. Approved 6-0. (Bain abstained) AgreementPID Consideration on Emergency Reading of an ordinance extending the Lone Star Gas Franchise • • - year -- Bob Hart Hart noted that the franchise agreement will expire on January 10, 1998. He said this agreement would allow the franchise to be extended for one year. He also noted that due to the Charter requirements, this ordinance would be published and brought back to the Council for re -approval at a future meeting. Motion by Barton, second by Tonn to extend the agreement for one year with the caveat that the ordinance not have to be adopted on emergency reading at the end of next year. Approved 7-0. QQ Consideration of a method of filling a vacancy on the Convention and Visitors Bureau Advisory Board due to excessive absences -- Mayor Leo Wood Wood explained that one member, Gayle Vokes, had missed three consecutive meetings and had called him when she realized that she would be removed from the Board. She has indicated that she has now allowed more time to be able to serve in a more adequate capacity. Motion by Hoyt, second by Davis that she re -apply to fill the unexpired term. Approved 6-1. (Barton opposed) RR Consideration of approval of the allocation of up to $50,000 from Council Contingency to pay for the anticipated expenses incurred by the Sesquicentennial Committee during the celebration of Georgetown's 150th Birthday -- Bob Hart Hart explained that the restrictions placed in the agenda cover sheet regarding this funding were consistent with the method used by the Council to fund the fireworks display for Sertoma, saying that this funding is meant only to "fill the gap" and is not intended to be used to expand the currently proposed program. Council asked for more input regarding the reason behind the need for the additional funds. Verna Browning, Community Services Director, said she had attended the meeting where the Committee discussed the need for more money, and it was generally felt that their fund-raising efforts were not going to be sufficient for the estimated budget of $175,000, saying at this time they have raised approximately $115,000. Motion by Hoyt, second by Davis to defer this item to the January 13 Council Meeting at which time they would like to hear from the Birthday Celebration Committee. Approved 7-0. City Council Meeting Minutes/December 9, 1997 Page 7 of 8 Pages SS Consideration of a resolution establishing priorities and procedures for the completion of the Urban Design Element of the Century Plan -- Clyde von Rosenberg and Ed Barry Hart noted that a draft resolution had been placed on the Council dais for their consideration, and suggested that Council treat this as more of a workshop discussion before deciding on the action. von Rosenberg stated that the tabulation shows the results of the Council ranking. He suggested Council review and confirm that the tabulation is accurate as to their intended direction to the staff. Hart said the information given staff will assist in hiring a consultant to work with the committee to begin the process. Hart said the entire list would be given to the consultant with focus on the top three items. Motion by Tonn, second by Hoyt to approve the resolution. Approved 7-0. Hoyt asked J. B. Smith of the Williamson County Sun to step forward for a presentation and farewell. Wood wished everyone a Merry Christmas and Happy New Year. The meeting was adjourned at 8:48 p.m. The meeting was adjourned at im LM City Council Meeting Minutes/December 9, 1997 Page 8 of 8 Pages Attest: ;7 City Secretary