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HomeMy WebLinkAboutMIN 07.10.2001 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor MaryEllen Kersch presiding. Council Present: (Llorente Navarrette, Clark Lyda, Doug Smith, Jack Noble, Ken Evans Council Absent: Charles "Ross" Burson, Sam Pfiester Staff Present: George Russell, City Manager; Cathy Riedel, Acting City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; David Morgan, Police' Chief; Jim Briggs, Assistant City Manager/Director of Community -Owned Utilities; Mark' Miller, Superintendent of Streets; Terry Jones, Purchasing Director Called to order at 4:06 p.m. A Joint Workshop with Convention and Visitors' Bureau to discuss: Use of Hotel/Motel Occupancy Tax Rusty Winkstern, Ken Mellender, Jo Ann Crowley, and Gael Dillard spoke to Council regarding the need for: a feasibility study to plan a convention center, a gateway sign, advertising in magazines and billboards, and promotion of Georgetown events at trade shows. Smith mentioned that Southwestern University is considering building a convention center. Winkstern agreed to contact President Schrum and get back to the Council with the information. B Discussion of the local hotel occupancy tax, including without limitation tax rate and gross collections, permitted and required uses of tax collections, oversight and administration of tax collections, role of the Council, historical role of the Convention and Visitors Bureau (CVB), relationship to Main Street Program, continued desirability and effectiveness of levying tax, benchmarking of results, current CVB budget and expenditures to date, policy issues regarding use of tax collections -- Clark Lyda Lyda questioned and Rundell explained the handout regarding the revenues and expenditures in the Economic Development and Tourism Fund. Lyda suggested that the City start benchmarking to show that the expenditures through hotel/motel occupancy tax are resulting in increased room rentals. Kersch suggested that another workshop be held in the future to hear a speaker from the Texas Hotel and Motel Association to assist in generating activities that will bring more room rentals to Georgetown. Lyda said he feels funds are being spent without adequate direction and without resulting in additional room rents. 5:16 p.m. -- recessed to Executive Session C Sec.551.071 consultation with attorney - Pending Litigation - City and George Russell, in his official capacity as Acting City Manager and as Office for Public Information v. John W. Cornyn, Attorney General of Texas; Cause No. GV -001865 (353rd District Court of Travis County) City Council Meeting Minutes/July 10, 2001 Page 1 of 7 Pages - Domel v. City, Cause No. 94-020-C368 (368th District Court, Williamson County) - Southwestern University water utility rate Regular Session Called to order at 6:27 p.m. H Comments from the dais regarding the following items: - Georgetown Waterpark, Ltd. v. City, et al.; Cause No. 00-209-C277 (277th District Court of 2. Williamson County) - Announcement of vacancies: Historic Preservation Commission, Council will need to appoint new Chair - Walker and Shell Road Golf Center, Inc. v. City; Cause No. 00-083-C277 (277th District Court, Williamson County) - Ten O'Clock Rule - Wallace v. William Joseph Pascoe, Jr., Gary Todd Terbush; Cause No. A -00 -CA -609 -SS; U.S. District Court for the Western District of Texas 4. Reports from Councilmembers regarding committee assignments - City v. Doug and Doris Pierce; Cause No. 00-552-C26 (26th District Court, Williamson County) I Reports - Potential Litigation - Youth Advisory Board (the report occurred later in the meeting, following Item T) - Code Enforcement Actions - List of Boards to report at future meetings: - Legal/Risk Management Issues Commission, Building Standards and Convention and Visitors Bureau; August 28 - Downtown Business - Legal Advice concerning agenda items District Design Steering Committee and Historic Preservation; Sep. 11 - Library Board, Airport Board and D Sec.551.086 deliberation regarding economic development Economic Development and Youth Advisory Board; Nov. 27 - Main Street Advisory Board and Zoning - Discussion of Economic Development Prospects Board of Adjustment; December 11- - Rivery Project Building E Sec.551.074 personnel matters Convention and Visitors Bureau - Performance Review of Council -appointed employees - Discussion of delivery of legal services F Sec.551.072 deliberation on real property - Lease of city -owned property - Acquisition of property G Sec.551.086 competitive matters - Southwestern University water utility rate Regular Session Called to order at 6:27 p.m. H Comments from the dais regarding the following items: 1. Opening Comments and Welcome to Audience 2. Mayor's Comments - Announcement of vacancies: Historic Preservation Commission, Council will need to appoint new Chair of the Airport Board, Alternate on Board of Adjustment, Resident of Stonehaven on Housing Authority; and Convention and Visitors Bureau Board - Ten O'Clock Rule 3. List of Topics from Executive Session Riedel read a list of the items handled by the Council in Executive Session. 4. Reports from Councilmembers regarding committee assignments There were no reports. I Reports from Boards and Commissions - Youth Advisory Board (the report occurred later in the meeting, following Item T) - List of Boards to report at future meetings: July 24 - Main Street Advisory Board and Zoning Board of Adjustment; August 14 - Economic Development Commission, Building Standards and Convention and Visitors Bureau; August 28 - Downtown Business District Design Steering Committee and Historic Preservation; Sep. 11 - Library Board, Airport Board and Housing Authority; Sep. 25 - Parks and Recreation and Planning and Zoning Commission; Nov. 13 - Economic Development and Youth Advisory Board; Nov. 27 - Main Street Advisory Board and Zoning Board of Adjustment; December 11- Building Standards and Convention and Visitors Bureau J Announcements from City Manager - Late -Breaking Headlines - Status of Open Records Requests Russell listed the recent Open Records Requests. K Action from Executive Session items from Monday, July 9 and/or Tuesday, July 10, 2001 Motion by Smith, second by Noble to accept the settlement for the lawsuit regarding City and George Russell v. John W. Cornyn. Approved 5-0. (Pfiester and Burson absent) L Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate Keith Peshak, 800 Oak Crest Lane, regarding specific public endangerments at the Georgetown Airshow. City Council Meeting Minutes/July 10, 2001 Page 2 of 7 Pages Peshak showed pictures to Council he said he took of planes at the Airshow. He claimed that those planes did not receive a waiver from the FAA. He suggested the Council contact the Flight Standards Office of the FAA in San Antonio. Public Hearing (to be called to order no earlier than 7:00 p.m.) M Public hearing on the establishment of the Shell Road Public Improvement District and the advisability of the acquisition, construction, and design of the re -alignment of Shell Road and related improvements within the District This item was delayed until 7:00 p.m. due to having been advertised in the newspaper to begin at 7:00 p.m. (See Legislative Regular Agenda, below, following Item Q) N Consideration of approval of the Meeting Minutes of the Special City Council Workshop and Executive Session of Monday, June 25 and the Workshop and Regular City Council Meeting of Tuesday, June 26, 2001 -- Sandra Lee Regarding the Minutes of Workshop on June 25 -- Noble asked that the minutes reflect that a GIS System called for in the Century Plan does not currently exist and updates called for in the Century Plan have not been done. Regarding the Minutes of the Regular Meeting of June 26 -- Kersch asked that on Page 5 - Item T - the motion should read approving funds for investigation of regional cooperation. Regarding Page 6 under Governance - 3rd line - clarification to be brought back at the next Council Meeting Agenda for Council action. O Consideration of approval of a payment to Williamson County for the City's portion of the annual maintenance and operation of the 800 MHz radio system in the amount of $41,409.18. Terry Jones and Micki Rundell P Consideration of a resolution establishing the Shell Road Public Improvement District and making findings as to the advisability, nature and estimated costs of the improvements and method of assessment -- Cathleen Riedel Q Consideration and possible action to award the bid from H. Deck Construction Company, Round Rock, Texas, to construct the Main Street Paving and Drainage Improvements in the amount of $445,462.00 -- Mark Miller, Joel Weaver, and Jim Briggs (pulled by Lyda)(See Regular Agenda) R Consideration and possible action regarding Amendment No. 1 to extend the contract for funding through the Texas Department of Economic Development's Texas Capital Fund Program on behalf of Xycarb Ceramics USA, Inc. -- George Russell S Update report on the status of the 2001102 Annual Operating Pian (Budget) -- Micki Rundell and George Russell Motion by Noble, second by Evans to approve the Consent Agenda with the exception of Item Q and the stated clarifications to the minutes of June 25 and 26. Approved 5-0. • ''a •' t: Q Consideration and possible action to award the bid from H. Deck Construction Company, Round Rock, Texas, to construct the Main Street Paving and Drainage Improvements in the amount of $445,462.00 -- Mark Miller, Joel Weaver, and Jim Briggs (pulled by Lyda) Lyda asked and Miller clarified the scope and the items that were deleted in order to lower the overall cost of the project. Russell noted an extra amount in the cost in order to do the construction at night to avoid disrupting the businesses on the square. There was discussion regarding the funding of the items being deleted. Motion by Lyda, second by Noble to approve the award of bid to H. Deck Construction and to direct staff to bring back the 9th street crosswalk and the fountains for future consideration by Council. Approved 5-0. 7:06 p.m. -- At this time the Public Hearing was opened Public Hearing M Public hearing on the establishment of the Shell Road Public Improvement District and the advisability of City Council Meeting Minutes/July 10, 2001 Page 3 of 7 Pages the acquisition, construction, and design of the re -alignment of Shell Road and related improvements within the District Charlie Crossfield explained the purpose of the re -alignment. There were no other speakers. The Public Hearing was closed at 7:07 p.m. At this time, Riedel determined that Council would need to pull Item P from the Consent Agenda for specific Council action. P Consideration of a resolution establishing the Shell Road Public Improvement District and making findings as to the advisability, nature and estimated costs of the improvements and method of assessment -- Cathleen Riedel Motion by Lyda, second by Navarrette to approve the resolution. Approved 5-0. T Consideration of award of the bids for the sale of three lots, as directed by the City Council at the Council Meeting of May 22, 2001 -- Terry Jones and George Russell Jones explained the item and gave the location of the lots. Lyda distributed a copy of a cover sheet from the May 22, 2001, Council Meeting saying that the minutes of May 22 are not correct. He said three of the criteria were left out of the minutes. There was discussion regarding the information provided in the bid packet. Navarrette said he feels only fair market value should be accepted. Motion by Navarrette, second by Evans to accept the offer of $30,500.00 for the .6612 acres between E. 14th and E. 15th Streets; and that the funds should go to parkland improvements, specifically to the San Jose Park directly across the street from this piece of property. 7:18 p.m -- recessed to Executive Session 7:25 p.m. -- returned to Open Session Navarrette amended his motion to accept the bid of $35,000.00, with the funds going to the San Jose Park. Gael Dillard reminded Council that she and her husband initiated the sale of the property at a Council Meeting last year. She asked that the Council accept her $30,500 bid instead of her $35,000 bid. Kersch asked and Riedel explained that the City is required to accept at least fair market value. There was discussion regarding state law and bidding standards. Carolyn Liverman, asked why the fair market value on the Appraisal District web site was different from the fair market value in the packet. There was discussion. Motion by Smith, second by Navarrette to call for the question. Approved 3-2. (Lyda and Noble opposed) Vote on original motion: Approved 3-2 (Lyda and Noble opposed) Motion by Lyda, second by Evans that in regards to the properties at 605 W. 15 and 790 W. 9th Street all bids be declined. Noble suggested that a better method be developed for accepting bids for these items. Approved 5-0. Reports from Boards and Commissions - Youth Advisory Board Staff liaison, Brenda Culver, gave a report on the May activities of the Youth Advisory Board (YAB), including a team leadership retreat. She noted that some of her members had stepped down, and looks forward to receiving new members by Council appointment. Councilmember Smith asked and Culver explained how the YAB is different in its activities from the SERTEENS (a teenage association of SERTOMA Club). Y Consideration and possible action on recommendations of the Redistricting Committee -- Mary Steger and MaryEllen Kersch Chair Mary Steger listed the names of the members of the Redistricting Committee, explained the methods used by the Committee to determine the new districts, noted that all of the districts are within the 10% deviation, and said she feels the Committee did a good job of redrawing the districts. She said the Committee recommends that the Council hold a Public Hearing in order for citizens to be aware of the new district boundaries. It was determined that a public hearing will be held on Wednesday, August 1, at 6:30 p.m. in the Council Chamber. 7:56 p.m. -- recessed 8:10 p.m. -- resumed U Consideration and possible action regarding the selection of a law firm to provide legal services to the City Council Meeting Minutes/July 10, 2001 Page 4 of 7 Pages City of Georgetown -- George Russell Kersch explained that bids were solicited, five bids were received, all were interviewed, two firms were re -interviewed. Kersch asked each Councilmember for their opinion on the way to proceed at this point. Motion by Noble, second by Evans to authorize negotiation with the law firm of Brown and Carls. Approved 4-1. (Navarrette opposed) There was discussion as to what will be negotiated, when, and by whom. Kersch asked Council to get their issues to Russell within 24 hours, and he will set a special meeting with the Brown and Carls firm. V Discussion and possible action to approve the Fiscal and Budgetary Policy to be used in peparing the 2001/02 Annual Operating Plan and to guide operations for the upcoming fiscal year -- Micki Rundell and George Russell Rundell explained the revisions to the policies from last night's workshop item and Council made further revisions. Motion by Evans, second by Smith to accept the amended revised version. Approved 5-0. W Second Readings 1. Second Reading of an ordinance amending the 2000/01 Annual Operating Plan Element (budget) for various mid -year adjustments relating to capital projects, the 2001 debt issuance, Municipal Court staffing, and the Parks Master Plan -- Laurie Brewer, Micki Rundell and Tom Yantis Rundell read only the caption of the ordinance on second reading. Motion by Noble, second by Evans to approve Ordinance No. 200141. *It was noted that without a 5-0 vote the City would be out of compliance with the Century Plan. *as corrected by Navarrette at the July 24 Council Meeting Navarrette noted that he had some reservations about some of the items and expenditures but would reluctantly vote favorably. The motion was approved 5-0. 2. Second Reading of an ordinance closing public hearing and levying assessments for the cost and maintenance of certain improvements to be provided in the Georgetown Village Public Improvement District #1; fixing liens and charges against property in the District and against the owners thereof -- Cathy Riedel and George Russell Riedel read only the caption of the ordinance on second reading. Motion by Lyda, second by Navarrette to approve Ordinance No. 200142. Approved 5-0. 3.. Second Reading of an Ordinance approving rate changes proposed by TXU Gas Distribution ("TXU") for the provision of natural gas to consumers in the Georgetown area -- Mike Mayben, Jim Briggs and George Russell Riedel read only the caption of the ordinance on second reading. Motion by Evans, second by Smith to approve Ordinance No. 2001-43. Approved 4-1. (Navarrette opposed) (Lyda absent from the dais) X First Reading of an ordinance to amend Chapter 6.20 of the Georgetown Code of Ordinances pertaining to taxicabs, buses and other vehicles for hire -- David Morgan, Cathy Riedel and George Russell Morgan read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Evans questioned the amount of insurance required by the ordinance. He said he has done some research and would like to see the amounts raised. Morgan said the amounts in this ordinance are the same as required by Austin and San Marcos. Evans suggested requiring that the City be listed as an additional insured and require coverage for $1 million. He said there is a possibility that the City's primary auto policy may cover vicarious automobile incidents. Riedel said the City's policies do cover all kinds of business entities, but in this case, she didn't feel the City should be responsible for the activities of the taxi drivers. She said the premiums would be very expensive for the taxi companies. There was further discussion. Motion by Evans, second by Smith to adopt the ordinance on first reading with the insurance adjusted to $250,000 and $500,000 and property damage adjusted accordingly, personal injury adjusted accordingly, and the City of Georgetown listed as additional insured. Navarrette suggested delaying the adoption of this ordinance to give staff enough time to investigate City insurance coverage. Motion by Navarrette, second by Lyda to defer this item to the next meeting. Approved 3-2. (Smith and Evans opposed) Evans asked that the City's umbrella policy be researched for possible inclusion of taxi cabs. Y Consideration and possible action on recommendations of the Redistricting Committee -- Mary Steger City Council Meeting Minutes/July 10, 2001 Page 5 of 7 Pages and MaryEllen Kersch This item was handled previously in the meeting following Item T. Z Council -Appointed Committees 1. Consideration and possible action regarding a proposed Council response to the "Draft Role of Economic Development Commission Regarding Economic Development Issues of the City of Georgetown" provided by Paula Boggs at the Joint Workshop between the City Council and the Economic Development Commission -- Jack Noble Noble presented the item as provided in the agenda packet. He suggested in Item c, after the word "prepare," insert "detailed," and after "policies," insert "strategies and written operating policies." He told Council that after this response is approved by the Council, he and Evans will present it to the Economic Development Commission at their next meeting. Motion by Noble, second by Evans to approve the response. Navarrette questioned Item d. He asked that the City Council be included in the development of the criteria for the recruitment of the IRR Contractor. Motion by Navarrette, second by Evans to amend the motion to insert "City Council" in Item d regarding developing criteria for the IRR contractor. Approved 5-0. Vote on main motion as amended: Approved 5-0. 2. Consideration and possible action regarding appointment of Gwen Green to the Main Street Advisory Board Promotions Subcommittee -- Glenda Overfelt and MaryEllen Kersch Overfelt recommended the appointment. Motion by Lyda, second by Navarrette to approve the appointment. Approved 5-0. 3. Consideration and possible action concerning adoption of by-laws of the Planning and Zoning Commission -- Patrick Walsh and MaryEllen Kersch Motion by Navarrette, second by Evans to approve the by-laws as presented. Approved 4-1. (Noble opposed) AA Discussion of the local hotel occupancy tax, including without limitation tax rate and gross collections, permitted and required uses of tax collections, oversight and administration of tax collections, role of the Council, historical role of the Convention and Visitors Bureau (CVB), relationship to Main Street Program, continued desirability and effectiveness of levying tax, benchmarking of results, current CVB budget and expenditures to date, policy issues regarding use of tax collections; and consideration and possible action and/or direction to staff on any of the above items -- Clark Lyda Walker agreed to contact Scott Joslove for a workshop with the Council and CVB. Motion by Lyda, second by Navarrette to schedule a special workshop with Scott Joslove prior to the regular meeting of July 24. Approved 5-0, BB Council Policy 1. Council Committees a. Consideration and possible action to suspend the rules to allow Council to reconsider policy on continuation of standing council committees -- Doug Smith Motion by Smith, second by Evans to suspend the rules for the purpose of reconsidering the vote on standing council committees. Lyda noted that this item needs to be brought forward by a member of the prevailing party, and that his item later on this agenda is for that purpose. Smith withdrew his motion. b. Consideration and possible action to reconsider policy on the continuation of standing Council committees -- Doug Smith This item was not considered. C. Discussion and possible action: (1) to suspend Section 2.24.180 of the City Council Meeting Rules and Procedures; (2) to reconsider the Council action of June 12, 2001, extending standing Council committees to January 1, 2002: and (3) to abolish standing Council committees, effective immediately -- Clark Lyda Motion by Lyda, second by Evans to suspend Sec. 2.24.180; to reconsider the previous action; and to abolish standing committees, effective immediately. John Kirby requested that Council reconsider the proposal to abolish the Council committees. City Council Meeting Minutes/July 10, 2001 Page 6 of 7 Pages Ronald Swain suggested getting more citizens involved as a way to prevent "ownership" of the Committee by a specific Councilmember. Vote on the Motion: Approved 5-0. d. Review and clarification of Council policy regarding Council committees -- MaryEllen Kersch This item was not considered. e. Consideration and possible action to suspend certain committees, establish new committees, appoint committee chairs, and define membership -- MaryEllen Kersch This item was not considered. 2. Consideration and possible action to name representativeslliaisons to various entities on which the City has assigned allocation -- MaryEllen Kersch Kersch asked for volunteers from the Council to serve as representatives to CAPCO and to the Killeen Regional Airport. There was no response from the Council. 9:43 p.m. -- Motion to adjourn The meeting was adjourned at 09:43 PM. Mayor MaryEllen City Council Meeting Minutes/July 10, 2001 Page 7 of 7 Pages City Secretary Sana Leane Heldenfels To: Sandra Lee/City of Georgetown@City of Georgetown, Tom 07/26/01 03:25 PM Yantis/Information Resources/City of Georgetown@City of Georgetown cc: Amelia Sondgeroth/DS/City of Georgetown@City of Georgetown Subject: 8/27 Council Workshop Hi Tom and Sandra...... can you put Amelia and I on the agenda for the 8/27 workshop to discuss the staff recommended changes to the Sub. Regs. regarding driveway separation standards. We'll be bringing an ord. w/ the revision to the 8/28 meeting, it's going to P&Z for approval 8/7. 1 believe this item should just take about 1/2 hour and I think Amelia is working on a growth management item that could go before or after this item - anything else already slated for that workshop? Thanks, Leane