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HomeMy WebLinkAboutMIN 08.11.1998 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: :Council Absent: t Charles "Noss" Burson, Charlie Barton, I None Ferd Tonn, Lee Bain, Shelley Davis, Shorty Valdez, Susan Hoyt Staff Present: Bob Hart, City Manager; George Russell, Assistant City Manager; Marianne Banks, City Attorney; Sandra Lee, City Secretary; Verna Browning, Director of Community Services; Susan Morgan, Director of Finance and Administration; Ed Barry, Chief of Development Services; Wendy Walsh, Development Planner; Travis McLain, Airport Manager; Murray Blackman, Assistant to the City Manager; Pat Taylor, Police Department Director of Information Management Called to order at 5:40 p.m. A Presentation of Airport Master Plan - Airport Master Plan Working Group and William Griffin, P.E. (Espey, Huston & Associates, Inc.) Airport Manager Travis McLain noted the members of the Working Group and others who were in attendance, including Michelle Hannah of Texas Department of Transportation, Airport Division, and Fixed Base Operators from the Georgetown Airport. He introduced Consultant Bill Griffin who gave a brief overview of the Master Plan, highlighting inventory of existing conditions, aviation demand forecast, facility requirements, development plan, environmental analysis, airport pians, and plan implementation. He noted the amount of time spent dealing with noise factors and land uses. Regular Session - To convene Executive Session Called to order at 6:20 p.m. and recessed for Executive Session Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. HH Sec.551.071 consultation with attorney City Council Meeting Minutes/ - 1� Page 1 of 7 Pages II Sec.551.072 deliberation on real property JJ Sec.551.074 personnel matters KK Sec.551.075 conference with employee Regular Session Resumed Open Session at 7:04 p.m. B Action from Executive Session Motion by Hoyt, second by Valdez to schedule a personnel hearing on Monday, August 17, 1998, at 6:00 p.m. in the Council Chambers. Approved 6-0. (Davis absent from the dais.) C Mayor, Council, City Manager and staff comments and reports -- August 18 Policy Workshop at 5:30 p.m. D Citizens wishing to address the Council Clark Lyda, 1220 S. Austin Avenue, read to Council a letter that was received by Kathryn Heideman from West Short, attorney for Greg Hall. He told Council that he did not approve of the letter and said he felt that Ms. Heideman's requests for personal financial information from Greg Hall were her right to information. Della Green, 1901 Vine Street, thanked the City for a proclamation honoring the Mr. and Miss Black and Hispanic Pageant sponsored by the Summer Excel Program. She asked to be appointed to the Police Advisory Board. She also asked that the Shotgun House be renovated and made into a Black History Museum. E Public Tearing on the annexation of approximately 315.68 acres in the William Addison Survey, a portion of a tract locally known as the Devonshire Farms Concept Plan -- Ed Barry and Clyde von Rosenberg von Rosenberg explained that this was the first of two required public hearings. A gentleman from the audience asked if the proposed development had gone before the Planning and Zoning Commission and was told that a Concept Plan is scheduled to be presented to the Planning and Zoning Commission at their September meeting. Walsh noted that there would be commercial areas as well as manufactured homes. Tom Swift asked if parkland dedication had been addressed in the Concept Plan. Walsh noted that there were approximately 1000 homes with an amenity center, and Barry noted that this stage of the Concept Plan did not provide enough detail to be able to give any exact information. Jimmy Snell spoke of living near the proposed area and asked if there would be any further annexation beyond the tract that was proposed. He was told that no further annexation was anticipated at this time. F Public Tearing on the annexation of the 17.01 acre Park Central Section One subdivision, the 19.61 acre Park Central Section Two subdivision, and the 95.42 acre Benderson Trust tract, located along Westinghouse Road -- Ed Barry and Clyde von Rosenberg von Rosenberg explained that this was the first of two required public hearings. There were no comments. Statutory Consent Agenda G Consideration of approval of the minutes for the Regular Meeting of Tuesday, July 28, 1998 -- Sandra Lee H Consideration and approval of a contract extension to the contract between the City of Georgetown and Flowers Construction for electric system construction and maintenance in the amount of $450,000.00 -- Murray Blackman and Jim Briggs Consideration of approval to sell approximately 25 used electric alpha meters to C3 Communications -- Murray Blackman and Jim Briggs City Council Meeting Minutes/ Page 2 of 7 Pages J Consideration of a Detailed Development Plan for San Gabriel Village, Section One, Block 1, Lot 2, to be known as Waters Edge Apartments, located on Chautauqua Circle, with variances to the Subdivision Regulations -- Hildy Kingma and Wendy Walsh K Consideration and possible action on a request for a Conveyance Plat for 11.415 acres in the John Powell and Ephraim Evans Surveys, to be known as the William D. Kelley Trust, located at the NE corner of the IH -35 frontage road and Westinghouse Road to be known as Kelley Trust Subdivision -- Hildy Kingma and Gary Warnock L Consideration of a request for a waiver of the Detailed Development Plan requirement for the City of Georgetown San Gabriel Park and Blue Hole Park restroom projects -- Ed Barry and Hildy Kingma M Consideration of a resolution to authorize a License to Encroach into the 20 -foot Drainage Easement, located along the south property line for San Gabriel Village, Section One, Block 1, Lot 2, to be known as Waters Edge Apartments -- Hildy Kingma and Wendy Walsh N Consideration and acceptance of the City's Investment Report for Quarter Ended June 30, 1998 -- Susan Morgan and Micki Rundell O Consideration of a resolution to accept the 1998 Tax Appraisal Roll for the City of Georgetown as presented by Paula J. Cockrum, Tax Assessor -Collector -- Susan Morgan P Consideration of a vote to place adoption of the proposed tax rate on a future agenda and set a public hearing on the proposed tax increase -- Susan Morgan Q Consideration of a Development Agreement concerning Hewlett Subdivision, Section 1, located at the southeast corner of the IH -35 Frontage Road and Westinghouse Road -- Bob Hart R Consideration of a resolution granting a petition for the annexation of 323.314 acres in the William Addison Survey, to be known as American Georgetown (formerly known as Devonshire Farms), located on SH29 East -- Clyde von Rosenberg and Ed Barry Hoyt noted that the minutes needed to be corrected to show the Councilmembers that were in attendance. Motion by Valdez, second by Hoyt to approve the minutes as corrected. Approved 7-0. S Second reading of an ordinance adopting the Urban Design Functional Plan Element of the Century Plan -- Ed Barry and Clyde von Rosenberg Barry read the caption of the Ordinance on second reading. Motion by Barton, second by Davis to approve Ordinance No. 98-44. Approved 7-0. T Second Reading of an ordinance to rezone 18.31 acres in the Francis Hudson and Ephraim Evans Surveys, from A, Agricultural and Residential Single Family to C -2A, Commercial First Height or any more restrictive district, located at the northeast corner of the IH -35 frontage road and Westinghouse Road, to be known as Kelley Trust Subdivision, Phases One and Two -- Hildy Kingma and Gary Warnock Warnock read the caption of the Ordinance on second reading. Motion by Tonn, second by Bain to approve Ordinance No. 98-45. Approved 7-0. U Second reading of an ordinance providing for the annexation into the City of 18.31 acres in the Ephraim Evans and F.A. Hudson Surveys, locally known as a portion of the Kelley Trust Concept Plan, located at the northeast corner of Westinghouse Road and IH -35 -- Ed Barry and Clyde von Rosenberg Barry read the caption of the Ordinance on second reading. Motion by Bain, second by Valdez to approve Ordinance No. 98-46. Approved 7-0. City Council Meeting Minutes/ Page 3 of 7 Pages V Second Reading of an ordinance amending the City of Georgetown Code of Ordinances by adding Section 15.03, establishing energy conservation standards for single and double family dwellings -- Murray Blackman and Jim Briggs Blackman read the caption of the Ordinance on second reading. Motion by Davis, second by Valdez to approve Ordinance No. 98-47. Approved 7-0. W Second reading of an ordinance amending Section 10.12.090 of the Code of Ordinances of the City of Georgetown relating to the East 15th Street school speed zone -- Marianne Banks Banks read the caption of the Ordinance on second reading. Motion by Tonn, second by Bain to approve Ordinance No. 98-48. Approved 7-0. X First Reading of an ordinance with a site plan to rezone 0.8 acres in the Nicholas Porter Survey from RS, Residential Single Family to RO, Residential Office, or any more restrictive district, located at 1601 Williams Drive -- Hildy Kingma and Kim Shaw Shaw noted that this item had been tabled at the July 28, 1998 Council Meeting. She noted that the staff was now recommending approval of the ordinance in compliance with the recommendation of the Planning and Zoning Commission. She also noted that there had been a revised site plan submitted. Barton asked if the neighbor had been notified of the revised site plan and was told that Shaw had contacted him and he was pleased. Bain asked about the provision that all of the surrounding properties be included in the rezoning. Shaw said that provision was added in order to ensure compliance with the intent of the rezoning. It was clarified that if the Council wished to approve the revised site plan, they would have to amend the ordinance. Motion by Tann, second by Valdez to approve the first reading of the ordinance for proposed rezoning with the revised site plan that was presented to the Council on the dais. Approved 7-0. Ron Greening, applicant, told Council that the reason he had submitted the revised plan was to try to guarantee approval. Y First reading of an ordinance providing for the annexation into the City of 323.314 acres in the William Addison Survey, to be known as American Georgetown Concept Plan, located on SH29 East -- Ed Barry and Clyde von Rosenberg Barry said this ordinance is in response to a request for voluntary annexation. He read the caption of the ordinance. Motion by Tonn, second by Valdez to approve on first reading. Approved 7-0. Z Consideration of a resolution authorizing the Mayor to execute a municipal solid waste collection and disposal contract with Texas Disposal Systems, Inc. -- Verna Browning Browning noted to Council that she had provided on the dais some clarifications of the proposed contract and a comparison of sanitation services provided by other area cities. She noted that there were particular goals and standards included in the contract, and said that staff would be working on benchmarks with which to implement the incentives in the contract. She noted some of the provisions of the contract, such as: a review of the once -a -week pickup service would be done after six months, and the increase for customers within the city limits would be $0.50, outside the city would be $0.75. There were also other numerous differences in this contract compared to the previous service such as recycling for customers outside the city limits, and a change in the method for bulky waste pick-up. She noted that there is also a provision in the contract that missed pick-ups would be taken care of within 24 hours. She read the resolution. Davis asked if churches could be given the same fee as schools. Browning noted that staff was giving the schools a special fee because they are aware of the financial burdens being faced by the school district this year. Barton asked how the City would monitor whether there were missed pick-ups. Browning noted that TDS would give the City monthly reports, and the City would conduct spot checks periodically. Wood stated publicly that he is opposed to the contract. He said he thought BFI was capable of having provided the same service without a rate increase. Davis agreed with the Mayor regarding the increase in rates. Motion by Tonn, second by Bain. Approved 5-2. (Burson and Barton opposed) AA Consideration of approval of a waiver of Detailed Development Plan requirement for Collection Station site at W.L. Walden Road -- Hildy Kingma and Wendy Walsh City Council Meeting Minutes/8-a-up Page 4 of 7 Pages Walsh explained that this is for the building for the local representative of Texas Disposal Systems and for a parking area for sanitation vehicles. Motion by Hoyt, second by Valdez to approve the waiver. Approved 7-0. BB First Reading of an ordinance establishing a Police Services Advisory Board -- Bob Hart Hart noted that this item had been placed on the agenda by Councilmembers Barton and Burson. He said that in developing the ordinance, he used notes of previous workshops and Council discussions. He noted that the ordinance had not been published and would need to be read at length and discussed. Wood asked Barton and Burson to explain their reasons for creating a new board. Barton stated that the current advisory board was not meeting, so he wanted to have new members appointed. Wood clarified that the current board had been appointed by the Chief, and this one would be appointed by the Council. There were comments from various citizens in the audience. Valdez suggested allowing Chief Hesser to reactivate the current board. Davis asked to hear the comments of the residents who had signed up to speak. Brenda Johnson, resident of Killeen with relatives in Georgetown, told Council that she is very much in favor of community policing and that Chief Hesser is doing a great job. Edward Hahn, 428 Starview Lane, said he is a member of the Citizens Advisory Board, supporting Chief Hesser, and is also a member of the Citizens Police Academy. He noted that he has great respect for the Georgetown Police Officers. He said he didn't feel that the Board had been run by the Chief. He said he doesn't feel that the Board has been needed lately and therefore, has not been called to meet. Rev. Cyril Semple, 504 W. 4th Street, said he is concerned about starting a new board. He noted the good changes since the start of community policing. He spoke of the current board being comprised of representatives from all parts of Georgetown. Ed Steiner, 409 W. 3rd Street, said he was told that the Board would probably only meet every six months. He said since Chief Hesser has been here, the neighborhood kids now run to the police cars instead of away from them. He said Chief Hesser spends lots of time in the neighborhood. Burson said he didn't understand what all the talk was about. He said he feels everyone is probably in favor of community policing. Guy Gimenez, 600 Luther Drive, told Council that he thought "things were getting nasty in the newspaper." He said he is President of the Georgetown Police Association, and said he feels there are a lot of issues that are not being dealt with at the Police Department. He told Council he wants a fair, unbiased Board to investigate the problems at the Police Department. He said thinks there is "desperation among the police department employees and citizens" that can be resolved with an appointed advisory board. He said he has not been lying and wants a Board to investigate and try to prove him a liar. Davis replied to Burson's question about the comments being made regarding community policing, saying that the Letters to the Editor were the reason for the concern for community policing. He also rioted that Burson and Barton's request to put the item on the agenda was another reason that people are concerned that community policing might be discontinued. Gimenez said he was definitely not against community policing. Davis asked the purpose of the Georgetown Professional Police Association. Gimenez replied that they wanted to be a valid community organization to do fund raising in order to provide scholarships and make donations to community organizations, as well as work to improve the Police Department. Bain asked Gimenez about the phrase "the fox guarding the hen house," and to whom he was referring. Gimenez said he felt the Council couldn't expect the Chief to come forward and admit that there are problems. Barton asked Gimenez if the Georgetown Professional Police Association is a "stepping stone" for a union. Gimenez replied that it is not. City Council Meeting Minutes/ -1- Page 5 of 7 Pages Bob Fishcher, 508 E. 19th Street, said he is also a member of the Citizen Advisory Board and the Police Academy. He said he thinks most of the problems can be resolved without forming a new board. He said he was appointed to the Advisory Board four years ago when it was started when he was trying to start a neighborhood association. He was complimentary of Chief Hesser and the officers. Mike McMaster, 1601 Gabriel View, said that 10 years ago while he was a City Councilmember he attended a TML Meeting where the Police Chief from Dallas spoke on community policing. He said he was told that it takes a special police officer to perform community policing. He said he thinks it is against the City Charter to have an advisory board involved with the structure of the Police Department. He noted some of the many awards that have been won by the Police Department and noted that he thinks they are capable of solving their own problems. Bill Harris, 1605 Main Street, declined to speak, saying he thought everything had been said. Tom Swift, 1506 Quail Valley Drive, spoke of serving on the Parks Board Security Committee and interacting with the Police Department. He said he understands why the "traditional" police officer would have a problem with community policing. He suggested that the current board continue as appointed by the Police Department, rather than the Council appointing a new board. He also invited everyone to the dedication of Mike McMaster Athletic Fields and Winfred Bonner Bridge and Hike and Bike Trail at 9:00 a.m. on Saturday. Wood asked Hart to read the ordinance. Motion by Burson, second by Barton to approve the ordinance on first reading, with Barton saying that a board that is appointed to serve should serve. The motion to approve the ordinance was denied 5-2. (Opposed by Davis, Bain, Hoyt, Tonn, and Valdez) CC Notification of the need to appoint members to the Police Services Advisory Board -- Bob Hart This item was not handled due to the defeat of the previous item. DD Policy discussion on Alcoholic Beverage Ordinance -- Bob Hart Hart noted that this item had been placed on the agenda as a request to prepare for a possible petition to allow a proposition on the November ballot for liquor by -the -drink in Georgetown. He asked Council for direction, using an outline of various issues to be considered in the ordinance. It was decided that Tonn and Hoyt would speak to the school board members about requesting an increased distance between schools and locations that sell alcoholic beverages. Council gave Hart their opinion on the specific issues to be addressed in the ordinance. It was suggested that officials at Southwestern University be consulted regarding sale or consumption at athletic events on the university campus. EE Discussion of and possible action on Affordable Housing fee waiver request and policy -- Verna Browning Hart noted that this was the item on the last agenda where the $9,000 + was waived, but the remainder of the request was deferred until further staff review. Hart explained the reasoning behind not waiving some of the specific fees as requested. He noted that waiving some of the fees would be shifting the costs. He reminded Council that the Oaks Apartment project was also an affordable housing project, but Council did not waive the fees, and rather constructed the portion of the road that the developers were obligated to construct. Hart suggested that Council agree to construct a portion of Maple Street instead of waiving fees. At Davis' question regarding mention on the Agenda Cover Sheet about forming a committee to look at affordable housing, Hart noted that Council had asked that a committee be formed to establish an Affordable Housing Element of the Century Plan. Motion by Tonn, second by Valdez to deny the request for waiver of fees, and follow previous policy to assist with the affordable housing project by providing the extension of Maple Street. Approved 7-0. FF Consideration of a resolution to authorize a License to Encroach into the twenty (20) foot Public Utility Easement, located along the south property line for San Gabriel Village, Section One, Block 1, Lot 2, to be known as Waters Edge Apartments -- Hildy Kingma and Wendy Walsh Hart explained that this item would have typically been on the Consent Agenda, but was added at the end of the City Council Meeting Minutes/Iff-11-fav Page 6 of 7 Pages Regular Agenda at the last minute during the rush to assemble the Agenda packet. Walsh noted that this license accompanies the other two items that were on the Consent Agenda. Walsh read the resolution. Motion by Tonn, second by Barton to approve. Approved 7-0. GG Second reading of an ordinance amending Chapter 6.16 of the Code of Ordinances to transfer responsibility for issuing peddlers and solicitors permits from the City Secretary to the Georgetown Police Services Records Section -- Bob Hart Hart read the caption of the ordinance on second reading. Motion by Tonn, second by Davis to approve Ordinance No. 98-49. Approved 7-0. The meeting was adjourned at 09:47 PM. Approved Mayorleo Wood City Council Meeting Minutes/ //- Page 7 of 7 Pages Attest s. pry City Secretary Sandra Lee