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HomeMy WebLinkAboutMIN 11.09.1999 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: Charles "Noss" Burson, Charlie Barton, All present Ferd Tonn, Lee Bain, Shorty Valdez, Susan Hoyt, Clark Lyda Iii'- .moi George Russell, Assistant City Manager; Marianne Banks, City Attorney; Sandra Lee, City Secretary; Ed Barry, Chief of Development Services; Verna Browning, Director of Community Services; Tom Yantis, Director of Information Resources; Pablo Holguin, Director of Employee and Organizational Services; Art Rodriguez, Assistant City Attorney; Micki Rundell, Accounting Director; Jim Babcock, Development Technician, .Debbie Charbonneau, Main Street Manager; Clyde von Rosenberg, Chief Planner of Long -Range Planning; Scott Ingalls, Chief Planner of Current Planing; Wendy Walsh, Development Planner; David Munk, Development Engineer nut s Called to order at 5:35 p.m. A Joint Workshop with Planning and Zoning Commission Six members of the Planning and Zoning Commission joined the Council in a discussion which included interconnectivity and variances. It was requested by Council that a summary of the Planning and Zoning Commission action be forwarded to the Council regarding the reasons behind their decisions. It was agreed that Council and Planning and Zoning Commission will meet on January 12 regarding the Urban Design guidelines. 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.) B Sec.551.071 consultation with attorney C Sec.551.072 deliberation on real property Assignment of contract from Main Street Baptist Church to purchase property for use as a parking lot D Sec.551.086 competitive matters (electric utility) City Council Meeting Minutes/November 9, 1999 Page 1 of 8 Pages Resumed at 7:58 p.m. Action from Executive Session There was no action from Executive Session. Kersch announced that Items U and V would be taken at this time. U Consideration of a motion to reconsider the application for rezoning of University Park, Section One, Block A, Lots 2 - 15, in compliance with City Council Meeting Procedures -- Marianne Banks Banks told Council that consideration of the ordinance to rezone would require that the motion be made by the prevailing party in the former decision, being Councilmembers Lyda and Burson who voted against the rezoning previously. Motion by Lyda, second by Bain to defer Items U and V to the next Council Meeting on November 23 and strongly encourage the neighborhood and the applicant along with the City Attorney and Development Services staff to get together and reach a settlement. Approved 6-1 (opposed by Tonn) Robert Kriedler, 114 Finch Lane, asked to hear some of the legal issues tonight regarding this item. Lyda explained that the Council would like for the City Attorney to meet with the neighborhood regarding the legal issues. Mayor explained that the information would be more effective if shared in a different forum. Banks asked Council and received permission to give an overview of the legal issues. Sheila O'Leary, 1905 E. 19th Street, said she felt the residents are being used as "scapegoats." Linda Turner, 111 Vivion Lane, said the neighbors do not begrudge Mr. Stanton of making a profit on his property, but they do disagree with him doing it at the cost of the neighbors. She said the properties were promoted and sold as RS -1 zoning. Pat Lysek, 1516 Barcus Drive, asked Council if this would set a precedence. She said she thinks the previous vote should stand. Craig Bowden, 1500 Barcus, said he doesn't think the residents are being treated properly. Pat Walsh, 2001 E. 18th Street, asked Lyda if the developer has agreed to meet with the residents. Stanton, from the audience, said he agreed to meet. Maria West, 1508 Barcus Drive, said Stanton should have exercised "due diligence" at the time he bought the property. She said she researched the zoning before she purchased her home. John Marsh deferred his speaking time to Robert Kriedler who said the reconsideration should pertain to the original information, not to added issues. Dusty Miller, 121 Finch Lane, told Council he wants his taxes back. Linda Marsh deferred her time to Jim Arnold, 108 Vivion Lane, who said he is concerned about the process for this issue. He said the residents have already met with the developer, and already know the issues that were brought forward tonight. He said he feels Council is attempting to find a way to placate the residents. He asked the residents of University Hills in the audience to stand. Mayor expressed her understanding of the residents' frustration. She stated that the Council's ultimate goal is to realize a solution that is best for everyone. V 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 This item was deferred to the next Council Meeting on November 23. City Council Meeting Minutes/November 9, 1999 Page 2 of 8 Pages F Mayor, Council, City Manager, and staff comments and reports -Proclamation for Y2K Week -- Mayor Kersch and Tom Yantis Mayor read and presented a proclamation to Tom Yantis, City of Georgetown Director of Information Resources, regarding Y2K preparedness. Yantis announced that on Monday, from 12:00 noon to 2:00 p.m. the City is sponsoring a Y2K Fair for citizens to come and ask questions of various area entities regarding Y2K readiness. -Proposed ground water district -- Councilmember Lyda Lyda deferred to Kersch. Kersch said she has had conversations with other Mayors and the County Judge about the possibility of a state -mandated ground water district. She said she is proposing an open forum in order to create a coordinated effort to educate the public on this topic. Kerry Russell, consultant to the City and water litigation attorney with the firm of Lloyd, Gosselink, Blevins and Townsend, was asked to comment. He acknowledged that the forum would be a good idea. He said a preliminary report has gone to the Texas Natural Resource Conservation Commission. He was asked to provide names for potential speakers. -Airport issues -- Councilmember Lyda Lyda said he is interested in whether there will be a tower study for the airport. Kersch noted that the Council will meet with the Airport Advisory Board at the workshop at the December 14 Council Meeting. G Citizens wishing to address the Council Sieglinde Field, 708 Bosque Trail, distributed a copy of her statement and read it to the Council regarding the impact of airport noise. Dr. Myron Young, 1100 Leander Road, told Council he is pastor of the Greater Holiness Temple, a local church, and is opening an outreach center in Georgetown funded by federal grant money. H Consideration of approval of the minutes for the Regular Council Meeting on October 12, 1999, the Regular Council Meeting on October 26, 1999, and the Special Council Meeting on Monday, November 1, 1999 -- Sandra D. Lee Corrections were spoken to the October 26 and November 1 minutes by Lyda. Consideration of a resolution casting City of Georgetown votes for the election of the Williamson County Appraisal District Board of Directors -- Bob Hart J Consideration of an award of bid for pickup trucks to Draeger Motor Company in the amount of $59,798.00 -- Terry Jones and Susan Morgan K Consideration of an award of bid for police vehicles to Draeger Motor Company in the amount of $231,748.00 -- Terry Jones and Susan Morgan L Consideration of declaring surplus equipment and authorizing staff to negotiate a contract for autioneering services -- Terry Jones and Susan Morgan Kersch asked about public notification. Jones stated that the City has no legal requirements and publication is left to the auctioneer. He noted that the auctioneer always advertises in the local newspaper. Kersch asked and was told that a minimum advertising policy is a part of the auctioneer's contract. M Consideration of approving the purchase of an avgas wholesale refueling cabinet from Bott Equipment Company in the amount of $19,900.00 -- Terry Jones and Verna Browning City Council Meeting Minutes/November 9, 1999 Page 3 of 8 Pages N Consideration of authorizing the purchase of desktop personal computers from Wallingford Electronics through the State of Texas purchasing catalogs, for a period of three years -- Tom Yantis Lyda questioned why the period of three years is listed in the item. Yantis said the funds would be approved by Council each year, but the City would request that the same vendor be used each of those three years. O Consideration of a resolution approving an agreement with First Texas Bank to serve as the City's depository -- Micki Rundell and Susan Morgan Lyda asked about Chase Bank and was told by Micki Rundell that their services were very competitive, but the state requires that the City use a local banking institution. P Consideration of authorizing the Mayor to execute an agreement for professional grant management services with the Institute for Finance and Economic Development on behalf of Rivery Partners, Ltd. -- George Russell Q Consideration of an Amendment dated November 9, 1999 to the contract between the City of Georgetown and Roming, Parker and Kasberg, L.L.P. for engineer services related to the design and construction phase of the Main Street Rehabilitation and Downtown Sidewalk in the amount of $71,520.00 -- Don Rundell and Jim Briggs R Consideration of a petition for annexation of 27.24 acres out of the John Powell and Ephraim Evans Surveys, to be known as Kelley Trust, Phases Two and Three, located at the northeast corner of the IH35 frontage road and Westinghouse Road -- Clyde von Rosenberg Lyda asked what infrastructure improvements would be necessary to serve this area. Munk noted that the utility lines currently are along the boundary and would be extended to Kelley Drive. S Consideration of a resolution to authorize a License to Encroach into a portion of the platted drainage easement running through the center of B. R. T. & W. Subdivision, Lot 1, located at 410 Logan Ranch Road -- Jim Babcock and Ed Barry Banks asked for clarification on the corrections to Item T in the minutes of October 26. Lyda said he would like for an expanded summary of the item to be brought back for the Council to review and approve at the next Council Meeting. Motion by Barton, second by Tonn to approve the Consent Agenda with the noted corrections to the minutes. Approved 7-0. T Second Reading of an Ordinance to Rezone Lot 3 of the Amended Plat of Dicotec Subdivision, from A, Agricultural to C-1, Local Commercial, or any more restrictive district, located at Williams Drive and Sequoia Spur -- Wendy Walsh and Ed Barry Walsh read the caption. Motion by Tonn, second by Barton to approve Ordinance 99-57. Approved 7-0. U Consideration of a motion to reconsider the application for rezoning of University Park, Section One, Block A, Lots 2 - 15, in compliance with City Council Meeting Procedures -- Marianne Banks This item was handled at the beginning of the meeting. V 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 Barton asked that Exhibit B be included in the packet at the next meeting. W First Reading of an ordinance to amend Section 2.24.020 of the Code of Ordinances relating to the placement of items on the City Council Agenda -- Marianne Banks City Council Meeting Minutes/November 9, 1999 Page 4 of 8 Pages Banks noted that this item is being brought back at the request of the Council. She read the ordinance. Motion by Lyda, second by Barton to approve the ordinance on first reading. Approved 7-0. X Consideration of appointment of members to the Economic Development Task Force established by Council at the October 26, 1999 Council Meeting-- Clark Lyda and MaryEllen Kersch Lyda asked Council to review and approve the suggested members provided by the Georgetown Industrial Foundation, Convention and Visitors Bureau, and Chamber of Commerce, as well as nominate representatives from the Council and citizens at large. Kersch read the representatives that were suggested by the three entities. She read that Georgetown Industrial Foundation is proposing: Tim Kennedy, Doak Fling, and Bill Connor; Convention and Visitors Bureau is proposing: Jan Nowlin, Nancy Knight, and Rusty Winkstern; and the Chamber of Commerce is proposing: Jon Pfau, Gordon Baker, and Julia Allen. Motion by Barton, second by Hoyt to approve the names submitted. Approved 7-0. Motion by Barton, second by Tonn to appoint Lyda, Bain, and Hoyt to serve as Council representatives to the Task Force. Approved 7-0. For citizens at large to serve on the Task Force, Kersch suggested Ercel Brashear, Jim Mitchell, and Jay Sloan. Lyda said that Sloan suggested that Don Collier be appointed. Hoyt suggested Ercel Brashear, Barbara Pearce, and Rocky Hardin. Tonn and Valdez suggested John Kuhn. Barton suggested Karen Stearns. Kersch noted that she had also been contacted by Charlie Crossfield, Jim Brown, and Bill Masterson. Motion by Bain, second by Barton to expand the list to include all of the suggested citizens. Approved 7-0. Hoyt said she would like to select Bill Connor as Chair, set the date, and set the vision. Hoyt expressed concern about an article in the local paper that cited the purpose of the Task Force. Lyda agreed that the Task Force should be visionary. Y First reading of an ordinance providing for the annexation into the City of 27.24 acres out of the John Powell and Ephraim Evans Surveys, to be known as Kelley Trust, Phases Two and Three, located at the northeast corner of the IH35 frontage road and Westinghouse Road -- Clyde von Rosenberg and Ed Barry von Rosenberg read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Tonn, second by Valdez to approve the ordinance on first reading. Approved 7-0. Z First Reading of an ordinance to Rezone from A, Agricultural to C -2A -Restricted, Commercial First Height, or any more restrictive district, 27.24 acres in the John Powell and Francis Hudson Surveys, to be known as Kelley Trust, Phases Two and Three, located at the northeast corner of the IH -35 frontage road and Westinghouse Road -- David Munk and Ed Barry Munk read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Valdez, second by Bain to approve the ordinance on first reading. Approved 7-0. AA Consideration of a Public Review Final Plat of 27.24 acres in the John Powell and Francis Hudson Surveys, to be known as Kelley Trust, Phases Two and Three, located at the northeast corner of the IH -35 frontage road and Westinghouse Road, with Variances to the Subdivision Regulations -- David Munk and Ed Barry Munk noted that this was the same tract as in the previous two items. He noted to Council how the Planning and Zoning Commission had voted on this item. Bain confirmed that the applicant is in agreement with the terms from the Planning and Zoning Commission. Motion by Bain, second by Lyda to approve the Public Review Final Plat. Approved 7-0. BB First Reading of an ordinance replacing Chapter 14.04 of the Code of Ordinances relating to new TXU Lone Star Gas Company franchise agreement -- Marianne Banks Banks noted that the City has worked with Lone Star Gas for the last three years to reach an agreement. She noted that this franchise agreement is still not being accepted by Lone Star Gas regarding the indemnification. She said the current franchise agreement will expire in January. She gave the Council City Council Meeting Minutes/November 9, 1999 Page 5 of 8 Pages options on how to proceed and introduced Attorney Jim Boyle who gave an overview of the changes that have been made to the agreement. Bain requested that terms be added to the agreement regarding "unbundling." Wayne Fleenor of TXU explained that they have requested to limit their indemnification to the City. He said they are not asking the City to indemnify them, he just disagrees that the company should indemnify the City if the issue is due to the City's negligence. Banks said the disclaimer would probably not be valid without the clause that is the same one that was in the previous agreement. Boyle noted that this clause has been in the agreement for the last twenty years. Banks read only the caption of the ordinance after having satisfied the requirements of the City Charter. Bain asked for language in the agreement to protect the City in the event that the City and Lone Star Gas are not able to resolve the issue of indemnity. Motion by Bain, second by Barton to approve the ordinance on first reading with the inclusion of language pertaining to renegotiation. Approved 7-0. Mayor asked that DD be handled next on the agenda. DD Presentation to Council on the recommended process to improve City of Georgetown code enforcement procedures -- George Russell Russell said a review of the issues shows that the previous code enforcement program was lacking efficiency due to code enforcement issues occurring in two different departments of the City, and because there was no measure of what was being done. He said a team has been formed composed of those staff members who are involved in the code enforcement issues. He asked Tom Yantis to do a slide presentation for the audience regarding code enforcement and the recommended process improvements. Will Moore, 502 Pine Street, told Council he is currently not getting response to code enforcement questions about the sign ordinance. He asked about the Race Trac Service Station on Williams Drive. Russell said Race Trac will be contacted and the ordinance will be addressed. He pointed out that the notification procedure is very time consuming. Nancy Knight from the audience asked why Race Trac had been granted a certificate of occupancy if they were clearly in violation of the ordinance. Russell said he is aware that there are problems and staff is attempting to make the process more productive. He noted that there would be a Quality Assurance Team comprised of him, Fire Chief Anthony Lincoln, and Building Official Dave Hall. In response to Lyda's question, Yantis said the prototype data base would be initiated in January. Russell noted that the process would begin on paper with the data base beginning in January. He said training would begin within two weeks in Fire Services and Development Services. He noted that he had distributed to Council a draft report of the top customer concerns. Lyda asked when a budget amendment could be done to cure the process problems so that the citizens don't have to wait. He also noted that there are citizens who are not physically or financially capable of taking care of their code violations. Robert Seamans, 104 Southcross, asked if the code enforcement staff are authorized to issue citations for violations. Banks noted that state laws govern some of the violations, and in some cases, tickets can be written. She noted that working with the owners is sometimes quicker than going through a long, drawn-out legal process. Seamans said the Historic Preservation Commission asked Bob Stevenson to do something about the sandwich signs on the Downtown Square. Seamans said Stevenson had to go to the merchants several times before enforcement was accomplished. CC Consideration of extending the timeline for the Urban Design Interim Ordinance consideration and approval of an additional $6,000 to be paid to J. D. Wilson and Associates for planning services, to be paid from Council Contingency -- Clyde von Rosenberg and Ed Barry von Rosenberg told Council that this item was prepared at the request of Dennis Wilson to delay from December to January and increase the fee by an additional $6,000. Kersch asked if there were problems that staff perceived. von Rosenberg replied that the delay was requested by Wilson, and Banks confirmed that she has still not seen the ordinance in order to review it before it is presented to the January Planning and Zoning Commission. Will Moore noted that one of the portions of the Urban Design proposal has to do with noise. He asked if the noise portion could be separated out of the Urban Design proposal and handled on a quicker timeframe. Banks noted that Wilson is preparing three separate ordinances --a noise ordinance, a sign ordinance and revisions to the zoning ordinance, and all three would be handled in January. City Council Meeting Minutes/November 9, 1999 Page 6 of 8 Pages Motion by Lyda, second by Barton to extend the timeline. Approved 7-0. GG Workshop for guidelines on a potential development in the Extra Territorial Jurisdiction (ETJ) and within the Chisholm Trail Special Utility District (CTSUD) Service Area -- Ed Barry and George Russell Charlie Crossfield, representing Paloma Golf Group, introduced Mike Cupeman, developer, who distributed to the Council brochures of the proposed project. Mike Cupeman described the development to the Council, saying there would be 950 units on 813 acres, six miles west on SH 29, with the prices of homes ranging from $225,000 to $800,000. Barry told Council the staff would like to discuss with Council the issues involving development outside the city limits and within other utility service areas. He said the main issue is that development is starting to occur beyond the City's utility service area, but inside the City's Extra Territorial Jurisdiction. Barry told Council that development agreements, utility districts, wastewater service, and transportation would be the topics that need to be discussed. He said that changes in state law have created changes in the way development agreements are done. He said the process of discussing development agreements in Executive Session is no longer allowed and will need to be done in open forum. Kersch suggested another workshop session each month to handle this type of issue as well as others. Banks noted that some of the discussion could be taken into Executive Session. She also noted that in this case the project has not gone before the Planning and Zoning Commission yet, and the developer needs some indication of Council's opinion. Barry noted that each development will be different, citing that the development agreement with Sun City was a year in the making. It was generally agreed that Council would establish some general policy that could be modified on a case-by-case basis. The next topic of discussion was municipal utility districts (MUDs) vs. public improvement districts (PIDs). Barry said typically Council has opposed the creation of MUDs within our utility service area. He also noted that if the area is subsequently annexed, the debt of the MUD becomes a debt of the City. He said that PID's are more compatible with the City's long-term interests. He noted that a reimbursement PID was created for Georgetown Village, where the debt would not be assumed by the City upon annexation. When asked by Bain, Barry replied that the Council could oppose the MUD in regards to the Development Agreement. Banks recounted specific terms of the Chisholm Trail Agreement. Barry said it would be in the City's interest to have the new developments served by wastewater lines rather than by septic systems. He noted that the City would need to build and operate wastewater plants required to handle the wastewater lines. He also talked about how to recapture costs of the wastewater plant. Barry said typically a fee has been charged for transportation that has been a part of the development agreement. He noted that the fee is not really equal to the types of costs that will be seen in the future. Lyda brought up the question of the overall economic benefit of the development to the City, and how to incorporate that into the development agreement process. Barry said he would formalize a policy and bring it back to the Council for their review/revision and approval FF Discussion of speakers and format for electric deregulation workshop scheduled for November 30, 1999 -- Bob Hart Lyda suggested that Lambeth Townsend, former General Counsel for the PUC, would agree to come and speak on an hourly basis on some of the technical issues such as SB 7. Policy issues will be more difficult to find speakers for. Lyda suggested forming a committee to review names of possible speakers. (Motion by Hoyt, second by Burson to appoint Bain, Barton and Lyda to for a committee to bring back names of possible speakers at the next Council Meeting. Approved 7-0. EE Discussion and possible action on the method for reporting the official minutes of the Georgetown City Council Meetings -- Sandra Lee and Marianne Banks (Motion by Lyda, second by Bain to defer this item to the next Council Meeting. Approved 7-0. HH Consideration of providing guidance to staff on the method of reviewing projects which require Council policy direction -- George Russell and Bob Hart City Council Meeting Minutes/November 9, 1999 Page 7 of 8 Pages Motion by Lyda, second by Bain to defer this item to the next Council Meeting. Approved 7-0. City Council Meeting Minutes/November 9, 1999 Page 8 of 8 Pages