HomeMy WebLinkAboutMIN 07.13.1999 CC-W&RThe City Council of the City of Georgetown, Texas, met in Regular Session on the
above date with Mayor MaryEllen Kersch presiding.
Council Present: Council Absent:
Ch@rleS"HOsS"Burson, Charlie Barton,
All Council present
F8rdTDOO.Lee Bain, Shorty Valdez,
USU88DHovt Clark Lyda | U
'Bob Hart, City Manager; George Russell, Assistant City Manager; Marianne Banks,
jCity Attorney; Art Rodriguez, Assistant City Attorney; Sandra Lee, City Secretary; Ed
jBarry, Chief of Development Support; Verna Browning, Director of Community
jServices; Jim Briggs, Director of Community -Owned Utilities; Anthonly Lincoln, Chief of
fire Services; Tom Yantis, Director of Information Resources; Susan Morgan, Director
Pf Finance and Administration; Pablo Holguin, Director of Employee and
iOrganizational Services; Murray Blackman, Assistant to the City Manager; Lenny
'Welch, Convention and Visitors' Bureau Director; Bob Stevenson, Code Enforcement
!Officer; Dave Hall, Building Official; Karen Frost, Administrative Assistant to
IDevelopment Services; Clyde von Rosenberg, Chief Planner Long -Range Planning;
.Adriana Sigala, Human Resources Director; Tom Leggitt, Fire Marshal; Jim Babcock,
Development Technician; Wendy Walsh, Development Planner; Kevin Stofle, Police
Administrative Lieutenant
Policy Develop00entlReviewWorkshop
A Receive and discuss status report fromHuuuingBomontVVorNngGmup—C|arkLydaandFendTonn
JknmyX.-w#4z-a4°Co0menandTomNicho|nmharedthegoa|oof#hoGmupoayngauboaquen meetings
would allow them toprovide further direction for the Council. kwas announced that there would bntwo
community -wide forums regarding housing issues, and future meetings with special-interest groups to
obtain their input. (°aucorrected byKenmhut 7-27-99 Council Meeting)
B Code Enforcement Operational Philosophy and Activities —K8aryE|lenKomuh
Hart gave Council onoverview ofthe status of the code enforcement activities of the City, saying
ordinances are being prepared as a result of a previous workshop with Council and should be brought to
Council for action within the next 90 days. Hesaid more emphasis onadministration will allow e
"seamless" process, including a complaint -tracking system. He noted that the fire fighters are keeping
City Council Meeting Minutes/July 13.18S9
watch on individual sections of the City through the Fire Warden Program which allows them to keep track
of fire hazards and abandoned vehicles. He gave examples of the amount of staff time utilized in the
mitigation of various code violation projects.
Regular Session - Called to order at 6:34 p.m. to convene Executive Session
C Sec.551.071 consultation with attorney
D Sec.551.072 deliberation on real property
E Sec.551.075 conference with employee
Reconvened at 7:12 p.m.
Action from Executive Session
Motion by Hoyt, second by Valdez to authorize the City Attorney to purchase acreage from Wendall and
Joyce Taylor in the amount of $76,140 for the Hike and Bike Trail. Approved 7-0.
G Mayor, Council, City Manager, and staff comments and reports
Kersch thanked Sertoma Club for the 4th of July Celebration in San Gabriel Park and thanked the
Williamson County Sun for publishing an abbreviated version of the Council Agenda at no cost. She
announced that the * offer of a log cabin at no cost to the City will be going to the Parks and
Recreation Board for their consideration and recommendation to the Council. (*as corrected by Kersch at
7-27-99 Council Meeting)
Hoyt talked about the tour at the Library and how they are making good use of the space they have but
desparately need more.
H Citizens wishing to address the Council
Delia Green, 1901 Vine Street, voiced concern about the delay in dealing with the Shotgun House and
asked that it and the Black Cemetery be placed on the agenda for council action.
Hoyt asked if the Citizens Memorial Association (CMA) had adopted the Shotgun House as a project.
Assistant City Attorney Art Rodriguez noted that the CMA had recently incorporated, but has not
accumulated the necessary funds. Lyda said he was aware that the City had applied for a grant from
LCRA, but it was not awarded. He said he is working with the neighborhood groups. Hoyt noted that the
Council had authorized the expense of $7500 for a feasibility study.
Statutory Consent Agenda
I Consideration of approval of the minutes for the Regular Council Meeting on June 22, 1999 -- Sandra Lee
J Consideration of an award of an annual bid for flexible base material and ASTM sand to Georgetown
Railroad Company in the estimated amount of $55,185.00 -- Terry Jones and Jim Briggs (Tonn abstained)
K Consideration of an award of an annual bid for water and wastewater pipe and fittings to various bidders in
the estimated amount of $68,000.00 -- Terry Jones and Jim Briggs
L Consideration and approval of Amendment No. 59 to the contract, between the City of Georgetown and
Camp, Dresser and McKee, to provide professional engineering services related to the Southside Water
Treatment Plant Improvements, in the amount of $323,700.00 -- William Adams and Jim Briggs
M Consideration of approving payment for professional services provided by Best Temps and Kelly
Temporary Services -- Adriana Sigala
City Council Meeting Minutes/July 13, 1999
Page 2 of 8 Pages
N Consideration of authorizing the purchase of a laser radar unit with funds from Council Contingency, not
to exceed $4,000 -- Bob Hart
O Consideration of Amendment #62 in the amount of $83,500.00 to the contract between the City and Camp,
Dresser, & McKee to provide professional engineering services to design the Leander Road Potable
Water Pump Station for Escalera Ranch -- William Adams and Jim Briggs
P Consideration of the use of water/wastewater operations management services from Operations
Management International (OMI) for a six-month period for the amount of $59,0000.00 -- Williams Adams
and Jim Briggs
Q Consideration of a contribution to the Hispanic Parents in Action of $1000 from the Council Contingency
Fund -- Lorenzo "Shorty" Valdez and Charlie Barton
Bain asked how the money from the Council would be spent. Vincente Villa, Chair, told Council that the
program is primarily cultural and the funds would be used to purchase costumes for Ballet Folklorico and
for materials to be used in a computer tutoring program. Valdez pointed out that the Hispanic Parents
Organization also works with students that are having trouble in school.
R Consideration of a resolution approving a contract amendment between the City and the Texas
Department of Economic Development regarding the Texas Capital Fund Contract on behalf of Advanced
Cable Services -- George Russell
S Consideration of authorizing the Mayor to execute an amendment to the lease agreement between the City
and Advanced Cable Services, L.P. -- George Russell
T Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed
abandoning the platted ten (10) foot Public Utility Easement along the property line between Lots 3 and 4,
Block H, University Park, Section One, and located at 104 and 106 Vivian Lane -- Jim Babcock and Ed
Barry
U Consideration of a fee waiver of building permit fees for the reconstruction of the Choir Booster Club
concession stand and the expansion of the Band Booster Club concession stand at Georgetown High
School Eagle Field, located at 100 Stadium Way -- Tom Bolt and David Hall
Motion by Barton, second by Valdez to approve the Consent Agenda in its entirety. Approved 7-0. (Tonn abstained
from Item J)
Legislative Regular Agenda
V Second Reading of an Ordinance to Rezone McCoy School Subdivision, Lot 2, locally known as
Jehovah's Witness Church, from RS, Residential Single Family to C-1, Local Commercial, or any more
restrictive district, located at 1409 Williams Drive -- Wendy Walsh and Ed Barry
Walsh read the caption only on second reading. Motion by Tonn, second by Barton to approve Ordinance
99-38. Approved 7-0.
W Second Reading of an Ordinance for a Century Plan Amendment from Intensity Level 3 to Intensity Level
4 for McCoy School Subdivision, Lot 2, locally known as Jehovah's Witness Church, located at 1409
Williams Drive -- David Munk and Ed Barry
Munk read the caption only on second reading. Motion by Tonn, second by Hoyt to approve Ordinance
99-39. Approved 7-0.
X First Reading of an Ordinance to Rezone University Park, Section One, Block A, Lots 2 - 15, from RS,
Residential Single Family to RM -1, Multifamily or any more restrictive district, located on Bergin Court, west
of Southwestern Boulevard -- Wendy Walsh and Ed Barry
City Council Meeting Minutes/July 13, 1999
Page 3 of 8 Pages
Barry told Council that this is a request to rezone 14 lots which were * designated multifamily when
originally aqaoxad platted but have never been
rezoned since the property was annexed into the City. He noted that because there has been
objection to the rezoning, it was necessary to obtain an affirmative vote of six councilmembers to approve
the ordinance and change the zoning. Barry read only the caption of the ordinance after having satisfied
the requirements of the City Charter. (*as corrected by Kersch at 7-27-99 Council Meeting)
The applicant, Bobby Stanton, said his company purchased the entire tract in 1992. He referred to a plat
note that was filed with the deed and noted that this property was originally planned for duplexes. Burson
asked the intended size and appearance of the duplexes. Barry said the City does not have control over
the types of building materials to be used. Stanton said that the deed restrictions require the same building
materials for duplexes as for single -family homes. Burson also questioned the design of the garages and
driveways. Barry replied that the lots satisfy the City standards of four parking spaces behind each duplex.
Barry noted that there are duplexes in other parts of the City that have been done very tastefully. Lyda said
he feels duplexes would be an * inappropriate use for the property. (*as corrected by Lyda at
7-27-99 Council Meeting)
Maria West ,1508 Barcus, told Council that the people who purchased single -family homes in the area were
told that the remainder of the property would be developed into single -family homes. She also said the
property was elevated and would cause the two-story duplexes to tower over the single -family homes. She
said she objects to the number of cars that would be parked around the duplexes and on the streets. Bain
asked what she would like to see on the property. Ms. West said she would like to see single -family homes
built on the remaining lots. Barton asked how she would feel about single -family homes built for rentals.
She said single -family homes are usually occupied by the owners instead of by renters.
Dana Irby, 1510 Barcus Drive, said she and her mother were the first homeowners in University Park in
1994. She said her deed restrictions say that nothing other than single -family homes can be built in the
subdivision. She voiced concern about increased traffic in the neighborhood.
Stanton clarified that the deed restrictions, dated March, 1993, refer to duplex lots. He noted that his
company built the first houses in the subdivision.
Hoyt asked Banks to explain plat notes. Banks explained the difference between platting and zoning, and
addressed the Council's obligation to approve specific zoning requests.
Motion by Barton, second by Hoyt to approve the rezoning. Council voted 5-2 to approve. (Burson and
Lyda opposed) Because of the need to obtain a six-member affirmative vote on this item, the motion failed.
Banks explained that the Council's current procedure is that there needs to be a positive motion in order to
take official action. She said the Council could waive that procedure, or the Council could move to deny the
rezoning.
Motion by Lyda, second by Burson to deny the rezoning. Council voted 2 to 5. (Barton, Bain, Tonn,
Valdez, and Hoyt opposed) Because of the need to obtain a six-member affirmative vote on this item, the
motion failed.
8:08 p.m. Recessed Open Session
8:19 p.m. Convened into Executive Session
8:32 p.m. Returned to Open Session
Kersch, as Chair, said that the failure to act becomes action to deny, so the rezoning was therefore denied.
Y Consideration of a resolution instructing staff to initiate a zoning review of the Hewlett property and
surrounding area; to examine the feasibility of expanding the boundaries of the Historic District; and to
review the feasibility of establishing a fire district for the Central Business District -- Bob Hart (Lyda
abstained)
Hart explained that questions have arisen regarding the appropriate land uses available on the Hewlett
property. Therefore, this resolution is asking Council to instruct staff and representatives from the Planning
and Zoning Commission and Historic Preservation Commission to work together to examine the feasibility
of taking action to amend the zoning of the property.
City Council Meeting Minutes/July 13, 1999
Page 4 of 8 Pages
Hart read the resolution. Bain asked if other properties would be involved in this feasibility study. Hart said
he would like to be fairly expansive in the direction to the working group, allowing the recommendation to be
brought back to the Council for consideration.
Motion by Barton, second by Valdez to approve. Approved 6-0. (Lyda abstained)
Z Consideration of clarification of Council Policy regarding modification and enforcement of approved
Detailed Development Plans and possible directive to staff to prepare amendments to the Subdivision
Regulations consistent with Council Policy -- MaryEllen Kersch, Lee Bain, Charlie Barton, and Clark Lyda
Lyda said this was put on the agenda to address the problem recently with the trees that were removed
without permission from the City. Barry said the Detailed Development Pian (DDP) is the last step in the
review process before actual building pians. He explained that the DDP places the building on the site, and
assesses the grading, parking, access, driveway spacing and orientation, buffering, landscaping, utility
demand, and drainage, according to the standards that have been adopted. He said that typically the staff
tries to help the applicant get their DDP approved in order to comply with the "small town feel," while
balancing the good for the overall community as well. He noted that there are two types of
DDP's--administrative and public, saying the majority of the DDP's are administrative. Barry said when the
applicant can't fulfill the requirements of the standards, the DDP enters a public review process and goes to
the Council for approval.
He noted that although Luby's removed trees that were shown on the DDP, there still is an excess of trees
on the property. He said Luby's also put in an additional 28 trees that were not originally shown on the
DDP. He also pointed out that the new steakhouse on Williams Drive removed two parking spaces that
were required on the DDP to avoid removing two trees. In each of these instances, the DDP's do not agree
with the action that was taken.
Barton asked and was told that a DDP is an enforceable document, and asked whether the ordinances are
"tight enough." He said he thinks Luby's knew they were in violation when they cut down the trees on a
weekend. Barry said once a site plan is approved there is no provision that says everything is "locked in."
He gave several examples and said as long as changes are within the scope of the ordinance, and the DDP
was approved adminsitratively, the changes could be administratively approved.
Lyda said his problem with the issue is not the loss of the trees, but the method by which the action was
taken, without permission from the City. Hart said that Luby's has been granted a temporary certificate of
occupancy, and that they will be responsible for putting in some additional trees along the Interstate before
receiving a final certificate of occupancy and therefore will be held accountable. He said each case needs
to be dealt with individually, using the temporary certificate of occupancy as a restriction. Barry noted that
the City does not have a tree ordinance to specifically protect certain trees of certain size.
Lyda said he wants Council to make a policy statement that developers are required to comply with their
DDP unless given written permission to do otherwise. Barton said he agreed.
Valdez and Hoyt said they like the way the staff is handling the DDP's now and don't want to further restrict
developers. Valdez said he thinks the Council is micro -managing.
Lyda this is an attempt to require developers to comply with the documents they have signed with the City.
Hart noted that the City has revoked Certificates of Occupancy and closed down businesses when it was
necessary. He noted that if the trees that were cut down brought Luby's below their compliance with the
number of trees required they would have been dealt with more harshly. Lyda said he does not disagree
with the response in the Luby's case, but in the future he thinks there needs to be a clear policy that
Detailed Development Plans must be adhered to and cannot be changed at-wW *unilaterally. (*as corrected
by Lyda at 7-27-99 Council Meeting)
Kersch noted that it was not Luby's who cut down the trees, but their contractor. She thought the City's
policy should be very clear and if there are to be any changes, they must be in writing. Barry said that
could be done. He noted that trust is important and that the City has had very good experience with
contractors. He said that in this particular case, there could have been some miscommunication. Bain said
it was good to get this issue discussed, but after hearing the discussion, he feels comfortable with the way
staff is handling it.
City Council Meeting Minutes/July 13, 1999
Page 5 of 8 Pages
Jay Trainer, 107 Tortoise Lane, said he is concerned about the rapid growth of the City and inadequate
attention by city staff to the Texas Traditions Development and the potential for excessive flooding. He said
he doesn't think the developers should be trusted when they don't take into consideration the opinions of
neighbors in the area. He asked that Council consider more citizen input.
Richard Anderson, 3010 Gabriel View, noted that the Detailed Development Plan process has worked very
well for Southwestern University, and he was complimentary of the Development Services staff. He said
that if there were something to be added to that process, he would be in favor.
AA Consideration of a resolution creating a task force to review and propose modifications to the Subdivision
Regulations and the Sign Ordinance to maximize consistency with the Urban Design Element of the
Century Plan -- Charlie Barton, Charles "Hoss" Burson, and Clark Lyda
Lyda asked to discuss Items AA, BB, and CC. He acknowledged that the Council had appointed an Urban
Design Task Force two years ago, and they had developed an Urban Design Element which was adopted
in 1998, but his motivation for the three items on this agenda was to try to address some of the growth
pressures on a more rapid basis. He noted that he and Burson and Barton met with an ad hoc group of
citizens to determine the need for interim measures. He said that Hart and von Rosenberg suggested
modifying the Sub Regs and the Sign Ordinance which would probably accomplish a majority of the
proposed goals. He said it is designed to be a very Council -driven process, calling for appointment of a
working group who will meet with a consultant to work with Council to receive their direction for
modifications. Hart read the resolution.
Sam Pfiester, 30313 St. Andrews, said he supports these items on the agenda to implement the Urban
Design element. He said he doesn't think the items are "no growth."
Kathy Heidemann, 407 Golden Oaks, said she supports an equitable enforcement of the codes and she
also supports some changes in the rules. She noted that lighting restrictions are needed and the
landscaping requirements need to be increased.
Robert Wood, 111 River Tree Cove, encouraged Council not to further strengthen the ordinances so the
decision-making processes are completely taken away from staff, due to the delays that could occur and
increased expenses for the developers. He asked that the Task Force be composed of people from all
parts of Georgetown. Barton said the current Task Force represents all cross-sections of Georgetown and
will continue to be in that form.
Della Green, 1901 Vine Street, said Georgetown needs a tree ordinance. She said enforcement should be
in the form of monetary fines. She asked that the previous Urban Design Working Group be used again.
She also spoke about the amount of money proposed to be taken on this agenda from the Council
Contingency Fund. Lyda and Kersch replied that the same people will be on this Task Force.
Esther Weir, 2201 RM2243, noted that the City is still beautiful but suffering the loss of some of the
beautiful trees. She asked that the Urban Design Plan be strengthened and implemented.
Nancy Knight, 205 Tallwood, said she fears that Georgetown is losing its "Georgetown image." She asked
that the Urban Deisgn Plan be implemented.
Clare Easley, 912 Forest, said people come to Georgetown for its "livability" and the way it looks. She said
developers have no stake in the quality of life in Georgetown. She asked that the Urban Design Plan be
implemented to manage growth.
Gordon Baker, 31078 Whisper Oaks, thanked the Council for their foresight in putting together the Task
Force to begin the Urban Design process.
Bili Masterson, 1501 Laurel, spoke against "stick signs"/developer signs and asked Council to direct staff to
get them picked up on Saturday mornings.
Motion by Lyda, second by Barton to approve the resolution with the clarification that the work of the Task
Force will be preceded by a Council Workshop with Consultant Dennis Wilson to clarify Council's desire
and direction regarding the Urban Design Plan. Approved 7-0.
City Council Meeting Minutes/July 13, 1999
Page 6 of 8 Pages
BB Consideration of authorizing staff to negotiate and Mayor to execute a contract with J. D. Wilson &
Associates at an amount not to exceed $30,000 from Council Contingency for drafting the Urban Design
Interim Regulations -- Charlie Barton, Charles "Ross" Burson, and Clark Lyda
Motion by Lyda, second by Barton to approve the contract with wilson and that his proposal be modified to
include the workshop with Council. Approved 7-0.
CC Consideration of the appointment of task force members to review and propose modifications to the
Subdivision Regulations and Sign Ordinance -- Charlie Barton, Charles "Ross" Burson, and Clark Lyda
Motion by Lyda, second by Burson to approve the appointment of the people listed on the agenda item
cover sheet, provided if some of the recommended people are not available, additional names would be
brought back to the Council for approval. Approved 7-0.
10:10 p.m. recessed -- resumed at 10:25 p.m.
DD Consideration of a resolution supporting housing tax credit applications to the Texas Department of
Housing and Community Affairs to build affordable housing, and authorizing a letter indicating prioritization
-- Verna Browning
Browning stated that the Housing Tax Credit Program is designed to assist the development of affordable
housing. She said the State will rank the applications, but has asked the City for their recommendation.
She suggested Council might want to rank the three applications.
Larry Paul Manley, representing Affordable Housing Solutions, a not-for-profit organization dedicated to
securing affordable housing for communities, spoke to Council regarding his particular development.
Browning read the resolution. Motion by Lyda, second by Burson to approve the resolution. Approved 7-0.
Motion by Barton, second by Lyda to make Georgetown Place the first priority and Georgetown Townhomes
the second priority. Approved 6-1. (Valdez opposed)
EE Consideration of a resolution revising the name of Georgetown 4B, Inc. to Georgetown Enrichment
Corporation -- Bob Hart
Frank Parmenter, 4106 Sequoia Trail, said he doesn't understand why Items EE and FF are on the Agenda.
He said he thought the Council had already said they wanted the current 4B corporation to be dissolved.
Kersch replied that there has been a change in the State law regarding 4B corporations.
Hart said this item is back on the agenda from the instruction of the Council several months prior. He said it
was the recommendation of the consulted attorney, Bill Methanitis, that the same powers be continued in
the 46 corporation or rename the current corporation. Hart said it was the recommendation of Methanitis
that the corporation remain for the three year period during which there could still be a liability for litigation.
He said because they were appointed by the Council, the current board members need to be replaced.
Lyda said he has verification that *if there QQW44ae were any liability issues involving the current 4B, se -
it should be retained but remain dormant with new board members appointed. He said there
could possibly be viable reasons to use a 4B corporation in the future, and since there is the possibility that
once dissolved, the City could not have another 4B corporation, it would be wise to retain the one already
approved. (*as corrected by Lyda at 7-27-99 Council Meeting)
Motion by Hoyt, second by Barton to approve the resolution revising the name of the 4B Corporation.
Approved 7-0.
FF Notification of the need to fill seven vacancies on the Board of Directors of the Georgetown Enrichment
Corporation; discussion of process to identify and screen potential appointees; and possible action as to the
process -- Bob Hart
Hart noted that the previous seven board members would like to be replaced. Kersch suggested that each
Councilmember suggest one person. Barton suggested that the positions be publicized. Motion by Bain,
second by Valdez to use the Council Committee to select a slate of boardmembers. Approved 7-0.
GG Consideration of participation in the Williamson County Historical Commission history book project in an
City Council Meeting Minutes/July 13, 1999
Page 7 of 8 Pages
amount not to exceed $5,900 from the Council Contingency Fund -- Bob Hart
Hart noted that if the Council wants Georgetown to be included specifically in the book, the City would need
to contribute and be responsible for preparing the pages that represent Georgetown. Lyda suggested
donating money to the Historical Society in lieu of participation in the history book. Hoyt was concerned
about the amount of staff time that would be required.
Motion by Lyda, second by Tonn to disapprove participation. The vote was 2-5 (Burson, Valdez, Barton,
Hoyt, and Bain opposed) Motion failed.
Motion by Hoyt, second by Barton to approve participation at an amount not to exceed $5,900. Approved
4-3. (Bain, Lyda and Tonn opposed)
HH Notification of appointment of a Council Compensation Committee -- MaryEllen Kersch
Kersch stated that the Council is out of compliance with the Charter in that a review of Council
compensation should be done at least every two years. She said she has appointed the members of the
Committee* as the Charter requires. The following people were appointed to
the Committee: Chair Carl Doering, Ercel Brashear, Cecil Calvin, Shelley Davis, Jill Grey, Joan King,
Daniel Vasquez, and Ben White (was corrected by Kersch at 7-27-99 Council Meeting)
Council decided to hold a Governance workshop on Tuesday, July 20, at 5:30 p.m. at a location yet to be
announced.
63 rC +wI
The meeting was adjourned at 11:47 PM.
Approved :
;Mayor MaryEllen Kersch
City Council Meeting Minutes/July 13, 1999
Page 8 of 8 Pages
Attest
City Secretary Sandra Lee