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HomeMy WebLinkAboutMIN 08.24.1999 CC-W&RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor presiding. Council Present: [Council Absent: Charles "Hass" Burson, Charlie Barton, All present Ferd Tonn, Lee Bain, Shorty Valdez, Susan Hoyt, Clark Lyda ;Bob Hart, City Manager; George Russell, Assistant City Manager; Marianne Banks, iCity Attorney; Art Rodriguez, Assistant City Attorney; Sandra Lee, City Secretary; 'Shirley Rinn, Deputy City Secretary; Murray Blackman, Assistant to the City Manager; 'Susan Morgan, Director of Finance and Administration; Verna Browning, Director of :Community Services; Jim Briggs, Director of Community Owned Utilities; Pablo Holguin, Director of Employee and Organizational Services; Anthony Lincoln, Fire ',Chief; Ed Barry, Chief of Development Services; Wendy Walsh, Development Planner; 'Tom Bolt, Plan Reviewer; Clyde von Rosenberg, Chief Long -Term Planner; Jim Babcock, Development Technician; Karen Frost, Administrative UIr"u, t .... . . ... .... .. .................... Called to order at 5:37 p.m. A Review Charge to Urban Design Interim Regulations Committee -- Clyde von Rosenberg and Ed Barry Mayor opened the workshop and Barry asked for comments from the Council on the proposed resolution of charge and the proposed timeframe. B Continuation of the Budget Workshop (if needed) -- Bob Hart The Budget Workshop was not continued at this meeting. Regular Session - To convene Executive Session (Council reserves the right to convene into Executive Session at any time during the meeting regarding any agenda item.) Called to order at 5:53 p.m. City Council Meeting Minutes/August 24, 1999 Page 1 of 8 Pages C Sec.551.071 consultation with attorney D Sec.551.072 deliberation on real property E Sec.551.075 conference with employee Reconvened at 7:00 p.m. Action from Executive Session There was no action from Executive Session G Mayor, Council, City Manager, and staff comments and reports - Proclamation for United Way Day of Caring Kersch presented a proclamation to the following representatives of United Way: Bob Cordier, Billie Schultz, and Jimmy Shields, . Kersch presented a check for $4,646.90 from Sun City to Fire Chief Anthony Lincoln for the purchase of a third defibrilator. Hoyt noted that she and Barton had attended the CAPCO Meeting, and that she has been appointed as a member of the TRACS Committee to review grants. Barton noted that he had received comments from constituents about a letter regarding "throw -down" signs. He noted that he had not received a copy of the letter and was concerned that the Council had not been copied. Kersch said she had signed the letter but did not author the letter and assumed that it was authored by the City Manager. She explained that the letter had been prepared in response to Council's direction. Kersch noted that she and Burson had attended an LCRAIBRA water meeting. Kersch announced that there would be a second housing forum on Thursday, August 26, at Williams Middle School, at 7:00 p.m. H Citizens wishing to address the Council Becky Washington, Principal of Pat Cooper Elementary, distributed information to the Council regarding school district playground equipment and spoke to them regarding the need for playground equipment at Cooper Elementary. Burson spoke to Council about supporting Cooper Elementary in their effort to obtain funds for playground equipment. Terri Henry, 412 Reinhardt Boulevard, noted that she is a parent of children at both Pat Cooper and Annie Purl Elementaries. She said she wants the Council to know that the parents are doing fund raisers and making cash donations toward playground equipment. She asked Council to grant a matching amount of $15,000. Keith Peshak, 800 Oak Crest Lane, said he wondered why the City provided a sewer connection to the Texas Traditions Development. He distributed photos to the Council showing drainage problems in Oak Crest Subdivision. He said he had requested copies of documents concerning Texas Traditions, but had not received those copies. Harry Savio, speaking for the Georgetown Chapter of the Texas Capitol Area Builders Association, asked Council to reconsider their action regarding builder signs. He said he has a concern about how enforcement will be done, saying he felt enforcement would take away from other activities to be performed by the Building Inspection Department. He said he felt the enforcement of this ordinance was descriminatory against the construction industry. He asked the members in the audience who were attending on behalf of this item to stand. Kersch noted that the letter was written to give warning that the ordinance would be enforced. She noted that the City is willing to work with the construction industry. City Council Meeting Minutes/August 24, 1999 Page 2 of 8 Pages Savio asked Council to extend the effective date of the enforcement of the ordinance. Don Bane, 305 Oak Crest, said he felt the signs are worthwhile for directing the public. He asked that the Council work with the builders to reach a compromise. He also noted that there is a drainage problem in Oak Crest Subdivision. Sondra Laskey, President of the Williamson County Association of Realtors, told Council that in the past directional signs and open house signs had been allowed over the weekends. She noted that many other types of signs, such as garage sale signs, are also in the right of way on the weekends. She read excerpts to the Council of letters she had received from City staff regarding participation in the enforcement of the sign ordinance. John Gavurnik, 112 River Park Lane, recalled to Council previous issues that had been worked on by the builders and the City staff. He asked that the staff work with the construction industry again to modify the sign ordinance. Steve Richmond, P. O. Box 548, told Council that he doesn't use directional signs but would like to have the opportunity to use one sign at a time to advertise the location of his available homes for sale. He asked for an opportunity to work with the staff to develop regulations that would be amenable to everyone. Todd Thoele, 108 River Park, told Council that he is also a small builder in Georgetown and he doesn't have the budget to advertise in any way other than the "bandit" signs. Bill Warner, a real estate broker in Sun City, warned Council that the enforcement of the sign ordinance would be a "disaster to the community." He suggested working on a way to satisfy everyone. W. R. Masteron, (address not listed), said that he believes in obeying rules and regulations and supports the Mayor and Council in their efforts to enforce the ordinance. Robert Seamans, 2204 Williams Drive, told Council that he thinks the "bandit" signs are unsightly and no one should be allowed to put them in the right of way. He also said that if there is an ordinance on the books that is not being enforced the City could be liable. He said he wants issues handled by elected officials and not by city staff. Valdez noted that the Urban Design Element is being reviewed at this time, and he would like to see that the September 13 deadline be extended, asking if Council could take this action on the last item on this agenda (Item KK). Richmond, from the audience, clarified that he has a letter from the City that allows him to put signs out on Friday and take them up on Sunday. Peshak suggested limiting to one sign at the intersection for the interim until the Urban Design Committee can come up with a workable solution. Kersch acknowledged that the builders believed they were acting under a practice that had been approved by the City— -w;&. (as corrected by Kersch at the September 14 Council Meeting) Public Hearin I Public hearing on the 1999100 Annual Operating Plan as proposed by the City Manager -- Susan L. Morgan Morgan gave a presentation on highlights of the proposed budget. John Kirby, 121 Poppy Hills Cove North, representing the Berry Creek Neighborhood Association, spoke to Council about the potential hazard of Berry Creek. He said high water levels have created hazards to drivers at night and asked Council to correct the problem. He also asked for an all-weather road between Logan Road and Champions Drive. Motion by Lyda, second by Bain to close the public hearing. Approved 7-0. City Council Meeting Minutes/August 24, 1999 Page 3 of 8 Pages J Consideration of approval of the minutes for the Regular Council Meeting on August 10, 1999 -- Sandra Lee Lyda asked that a correction be made to minutes on page 4. K Consideration of an agreement with Georgetown Independent School District (GISD) providing for the assessment and collection of property taxes for 1999/00 -- Susan L. Morgan. L Consideration of authorizing the Mayor to execute a contract with White, Dolce & Barr Architects for the design and construction management of Fire Station No. 4 in an amount not to exceed $118,000.00 -- Terry Jones and Anthony Lincoln Bain asked that in the future a policy be established to notify local professionals regarding projects for the City. M Consideration and approval of payment to Flowers Construction, in an amount not to exceed $400,000.00, as per the Annual Electric System Construction and Maintenance Contract between the City of Georgetown and Flowers Construction, Inc., of Hillsboro, Texas -- Mike Mayben and Jim Briggs N Consideration and approval of Change Order No. 1 for the FM 2243 16 -inch (Escalera Ranch) Water Line and Construction Project to the contract between the City of Georgetown and Heyl Construction Ltd., in the amount of $113,059.10 and 90 calendar days -- Don Rundell and Jim Briggs This item was pulled by Lyda to be discussed in Executive Session. O Consideration of authorizing acquisition of a utility easement from the Faubion Family along FM2243 in the amount of $15,150.00, to be reimbursed by Escalera Ranch Developer -- Bob Hart This item was pulled by Lyda to be discussed in Executive Session. P Consideration of authorizing acquisition of a utility easement from Texas Crushed Stone along FM2243 -- Bob Hart This item was pulled by Lyda to be discussed in Executive Session. Q Consideration of an amendment to the contract between the City of Georgetown and the Texas Department of Economic Development regarding Don Hewlett Chevrolet -Oldsmobile -Buick, Inc. -- George Russell R Consideration of authorizing the purchase of software, hardware, and application support for the Georgetown Public Library automated catalog and Internet access systems from Ameritech Library Services in an amount not to exceed $30,000 -- John Applewhaite and George Russell S Consideration of the re -assignment of a Georgetown Municipal Airport land lease from Currey Aviation Services, Inc. to Georgetown Aviation Facilities, L.L.C. -- Travis McLain and Verna Browning This item was pulled by Lyda to be placed on the Regular Agenda. Bain asked for clarification on the change of assignment and was told it was for financial reasons. Currey said Georgetown Aviation Facilities will own the building and Currey Aviation will be the master lease tenant. Lyda asked and was told that this procedure was standard. Lyda asked why the City would release the prior lessee. Banks and Rodriguez noted that if Council wished, wording could be inserted that would not release Currey Aviation. Bain suggested that the legal staff speak to Mr. Currey during the Council Meeting to see if Mr. Currey was willing to make modifications to the lease. City Council Meeting Minutes/August 24, 1999 Page 4 of 8 Pages T Consideration of authorizing the Mayor to execute Continuing Disclosure Agreements with the Brazos River Authority regarding the Williamson County Regional Raw Water Line -- Bob Hart U Consideration of authorizing staff to apply fence standards to landscape features and to prepare an amendment to the development ordinances to address the landscape features in setback areas -- Ed Barry This item was pulled by Lyda to be placed on the Regular Agenda. Lyda asked for staff to explain. Barry noted that this would allow the City to apply fence standards to planters so that they could be allowed under the current ordinance without variances. V Consideration of a Short Form Record Final Plat of the Resubdivision of Coffee Heights Addition, Block 2, Lot 4 and part of Lot 3, located at 1307 Vine Street, with Variances to the Subdivision Regulations -- Carla Benton and Ed Barry W Consideration of a Variance to the Subdivision Regulations for Country Club Estates, Block 1, Lots 13-24 and Block 2, Lots 1-7, located at 508 Cedar Drive -- Wendy Walsh and Ed Barry X Consideration of a Variance to the Subdivision Regulations for the approved plat of 0.9738 acres in the Clement Stubblefield Survey, to be known as Jett Addition, located at 503 Leander Road -- David Munk and Ed Barry Y Consideration of a Record Final Plat of 51.54 acres in the Antonio Flores Survey, located on FM971 and CR151A, to be known as Katy School Subdivision -- David Munk and Ed Barry Z Consideration of a Variance to the Subdivision Regulations and Amendment to Plat Note #14, for the approved Short Form Record Final Plat of Laurel Place, Lot 2, located at the corner of University Avenue and Laurel Street -- Ed Barry AA Consideration of a Variance to the Subdivision Regulations for The Planned Unit Development of Sun City Georgetown, Neighborhood 9, Block 13, Lot 85, located at 229 Trail of the Flowers -- Carla Benton and Ed Barry Motion by Lyda, second by Bain to approve the Consent Agenda with the exception of Items N, O, S, and U. Approved 7-0. Legislative Regular Agenda S Consideration of the re -assignment of a Georgetown Municipal Airport land lease from Currey Aviation Services, Inc. to Georgetown Aviation Facilities, L.L.C. -- Travis McLain and Verna Browning City Attorney Banks told Council that Mr. Currey agreed not to be released from the land lease. Motion by Lyda, second by Bain to approve the re -assignment. Approved 7-0. U Consideration of authorizing staff to apply fence standards to landscape features and to prepare an amendment to the development ordinances to address the landscape features in setback areas -- Ed Barry Gerrardo Lopez, landscape designer in Sun City, distributed pictures of work he has done in Sun City, explaining that he considers that landscape features are many things, such as trees, shrubs, mortared stone planters, tree wells, and stone edging. He said he has constructed these features in hundreds of houses until now and no one ever notified him that they were in violation of the ordinance. He said he had never requested a permit or a variance. He said the issue was brought up when he requested a permit for a handicap ramp with raised mortared -stone planters, noting that a variance was approved for that planter. He asked for clarification of the ordinance and established guidelines, saying he would prefer to apply for a permit and not a variance. City Council Meeting Minutes/August 24, 1999 Page 5 of 8 Pages Barry asked that Lopez contact the Development Services staff so ordinance modification could be done. Motion by Valdez, second by Barton to approve the preparation of an amendment to the development ordinances. Approved 7-0. Lyda withdrew his request for Executive Session on Items N, O, and P, announcing that he had been told by City Attorney Banks that the issue he wished to address should be handled in Executive Session under "Personnel" at a future meeting. N Consideration and approval of Change Order No. 1 for the FM 2243 16 -inch (Escalera Ranch) Water Line and Construction Project to the contract between the City of Georgetown and Heyl Construction Ltd., in the amount of $113,059.10 and 90 calendar days -- Don Rundell and Jim Briggs Motion by Hoyt, second by Bain to approve the Change Order. Approved 7-0. O Consideration of authorizing acquisition of a utility easement from the Faubion Family along FM2243 in the amount of $15,150.00, to be reimbursed by Escalera Ranch Developer -- Bob Hart Motion by Hoyt, second by Valdez to approve the acquisition of the utility easement. Approved 7-0. P Consideration of authorizing acquisition of a utility easement from Texas Crushed Stone along FM2243 -- Bob Hart Motion by Hoyt, second by Valdez to approve the acquisition of the utility easement. Approved 6-1. (opposed by Lyda) BB Second Reading of an ordinance to rezone a portion of Berry Creek Subdivision, Section Five and a Resubdivision of the Sybert Subdivision, to be known as, Berry Creek, Section Five, Tract 1 from A, Agricultural to C-1 Local Commercial district, or any more restrictive districts, located on S.H. 195 east of the existing Berry Creek development -- Carla Benton and Ed Barry Benton explained that this rezoning had first been considered in 1997, for seven tracts. Six of those tracts proceeded for second reading in 1997, but Tract 1 was pulled, pending the agreement with Chisholm Trail Special Utility District. Benton read only the caption on second reading. Motion by Valdez, second by Lyda to approve Ordinance 99-41. Approved 7-0. CC Second Reading of an ordinance to Amend the Century Plan for a portion of Berry Creek, Section Five and a Resubdivision of the Sybert Subdivision, to be known as, Berry Creek, Section 5, Tract 1, from Intensity Level Three to Intensity Levels Four and Five, located on S.H. 195 east of the existing Berry Creek development -- Carla Benton and Ed Barry Benton explained that this was the second portion of the above project. She read only the caption on second reading. Motion by Valdez, second by Lyda to approve Ordinance 99-42. Approved 7-0. DD Second reading of an ordinance providing for the annexation into the City of 19.310 acres out of the Daniel Monroe and Frederick Foy Surveys, to be known as The Planned Unit Development of Sun City Georgetown, Phase 4-B, Neighborhood 17-A -- Clyde von Rosenberg and Ed Barry von Rosenberg read only the caption on second reading. Motion by Tonn, second by Burson to approve Ordinance 99-43. Approved 7-0. EE Second Reading of an Ordinance to Rezone 19.31 acres in the Daniel Monroe and Frederick Foy Surveys, to be known as The Planned Unit Development of Sun City Georgetown, Phase 4-13, Neighborhood Seventeen A, from A, Agricultural to RP, Residential Planned, or any more restrictive district, located on Sun City Boulevard -- Tom Bolt and Ed Barry Bolt read only the caption on second reading. Motion by Bain, second by Tonn to approve Ordinance 99-44. Approved 7-0. City Council Meeting Minutes/August 24, 1999 Page 6 of 8 Pages FF Second Reading of an Ordinance to Amend the Georgetown Subdivision Regulations with additional park land dedication zones and to establish a minimum width at the property line for lots on cul-de-sacs in rural subdivisions -- Clyde von Rosenberg and Ed Barry von Rosenberg read only the caption on second reading. Motion by Bain, second by Hoyt to approve Ordinance 99-45. Approved 7-0. GG Second Reading of an Ordinance to Rezone Georgian Place, Phase I, from A, Agricultural to RS, Residential Single Family, or any more restrictive district, located on Maple Street, Tower Drive and Quail Valley Drive -- Wendy Walsh and Ed Barry Walsh read only the caption on second reading. Bain asked and was told that the first reading was done in July of last year. He asked and received clarification on the positioning of High Tech Drive. Motion by Valdez, second by Burson to approve Ordinance 99-46. Approved 7-0. HH Second Reading of an Ordinance to amend Sec. 8.20.095 of the Georgetown Code of Ordinances and adding Sec. 8.20.105 relating to weed abatements -- Tom Leggitt and Anthony Lincoln Leggitt read only the caption on second reading. Hoyt and Valdez said staff should be able to administratively handle the abatements if there are health and fire hazard concerns. Lyda said Council needs to set policy in order to encourage innovative design and water conservation. Motion by Hoyt, second by Valdez to approve Ordinance 99-47. Approved 4-3. (opposed by Bain, Burson, and Lyda) Stuart Sutton, 113 Randolph, told Council he lives next door to 117 Randolph Road. He said he wants the ordinance enforced, and said he feels the surrounding homeowners will suffer a reduction in the asking price of their homes due to the condition of that property. He said he also feels the property is a fire hazard in the community. He said the owners of the property are well thought of as kind and thoughtful by the neighbors, but the neighbors want something done about the hazardous condition of the property. 11 First Reading of an ordinance to Amend the Georgetown Code of Ordinances, Chapter 15.40 declaring dangerous structures as public nuisances and providing procedures for abatement - Bob Stevenson and Dave Hall Stevenson read the caption of the ordinance. Burson questioned and was told the definition of "procedure for abatement." Kersch asked how the ordinance was changed. Stevenson said the procedure for determining the value of the house was modified. Moiton by Valdez, second by Burson to approve on First Reading. Approved 7-0. Masterson, from the audience, asked if the foundations, steps, and driveways could be removed when a building is torn down. Stevenson explained that it is expensive to remove the concrete, estimating the cost as $1500 to $3000 more per structure. JJ First Reading of an ordinance to Amend the Georgetown Code of Ordinances, Chapter 8.28 declaring junked vehicles as public nuisances and providing procedures for abatement - Bob Stevenson and Dave Hall Stevenson read the caption of the ordinance. Barton asked the procedure for dealing with junked vehicles when the owners don't remove them. Leggit explained that if the vehicle is on private property, the City has to go to court to have it removed, saying that if it is on the street, the City can remove it after 45 days. Motion by Lyda, second by Bain to approve on First Reading. Approved 7-0. KK Consideration of a resolution of charge to the Urban Design Interim Regulations Committee -- Clyde von Rosenberg and Ed Barry City Council Meeting Minutes/August 24, 1999 Page 7 of 8 Pages von Rosenberg distributed copies of the final resolution as a result of the Council input at the workshop. Lyda noted that Council had requested the elimination of the word 'large" from Policy #13.15 on Exhibit A. von Rosenberg noted that he would make that correction. Motion by Lyda, second by Barton to approve the resolution. Approved 7-0. Motion to adjourn by Barton. The meeting was adjourned at 09:45 PM. P,Pproved r-; `Mayor MaryEllen Kersch City Council Meeting Minutes/August 24, 1999 Page 8 of 8 Pages Attest,,,; City Secretary Sandra Lee