HomeMy WebLinkAboutMIN 01.11.2000 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:
Charles "Noss" Burson, Charlie Barton, >AII Council present
Lee Bain, Shorty Valdez, Susan Hoyt,
Clark Lyda, Ferd Tonn
Staff Present:
Bob Hart, City Manager; 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; Jim Briggs, Director of Community -Owned Utilities; Anthony Lincoln, Fire
Chief; Art Rodriguez, Assistant City Attorney; Jim Babcock, Development Technician;
Scott Ingalls, Chief Current Planning; Clyde von Rosenberg, Chief Long -Range
Planning, Karen Frost, Administrative Assistant of Development Services; Tom Bolt,
Development Planner; Wendy Walsh, Development Planner; Murray Blackman,
Assistant to the City Manager
.� * �- • ••
Called to order at 5:35 p.m.
A Review of Draft Urban Design Ordinances, including legal issues -- Marianne Banks
Banks explained that the draft ordinances address three issues: urban design, signs, and noise. She
noted that previously the noise ordinance had been addressed under code enforcement. She asked
Council for direction and will bring the noise ordinance back to Council in February. She asked Council for
a statement of purpose for the urban design regulations. Mayor suggested that the purpose should be to
protect property values and prevent urban blight. Lyda cited examples of urban design ordinances from the
Cities of Coppell and Southlake and read the conditions listed in the Santa Fe urban design ordinance,
asking if Council had any objections to those conditions. He suggested adding the Mayor's suggested
purposes as well as adding "securing sanitation." Lyda also suggested adding the possibility of variance
procedures for economic hardship. Council generally agreed that Banks should talk to consultant, Dennis
Wilson, regarding some of the specific questions about the draft ordinances.
Executive Session
Called to order at 6:35 p.m.
B Sec.551.071 consultation with attorney
City Council Meeting Minutes/January 11, 2000
Page 1 of 12 Pages
C Sec.551.072 deliberation on real property
Possible donation of land for Habitat for Humanity
D Sec.551.086 deliberation regarding economic development
Development with Georgetown Waterpark, Ltd.
Resumed at 7:30 p.m.
E Action from Executive Session
There was no action at this time.
F Mayor, Council, City Manager, and staff comments and reports
Y2K Report -- Tom Yantis
Yantis told Council that all of the City systems transitioned in a smooth manner. He gave
Council information about the positive achievements that were accomplished as a result
of preparation for Y2K, including setting up and testing the new Emergency Operations
Center at the Police Department.
- Joint
Meeting with
GISD
Board on Wednesday, February 2
(time
and location
to be
determined)
Council decided to meet with the GISD Board at 5:30 p.m. on February 2 in the Council
Chambers.
Kersch noted that Tonn was absent from the dais due to the illness of his brother.
Kersch announced that Assistant City Attorney Art Rodriguez will be joining the law firm of Lloyd, Gosselink,
Blevins in Austin.
G Citizens wishing to address the Council
Guy Gimenez, 320-B Tamara Drive, spoke to Council regarding having been contacted by a number of
Georgetown Police Officers about employee turnover at the Police Department. He asked the Council to
look into the turnover problem.
Mike Mersiosky, 514 Riverview Drive, told Council he owns the Georgetown Sonic Drive-in and objects to
the proposed Department of Transportation changes to Austin Avenue that will not allow left turns into his
business. Kersch asked Hart to respond. Hart explained that there would be rear access onto Morrow
Street. Ed Barry was asked to respond to the timeframe for re -doing Rock Street. Kersch asked for a
report at the next Council Meeting.
H Consideration of approval of the minutes for the Regular Council Meeting on December 14, 1999 -- Sandra
Lee
Hoyt asked to "pull' the minutes because of the Boardand Commission appointments. Banks responded
that approving the minutes would not invalidate changing the process that was followed. Banks told Council
she would check and see if the minutes needed to be corrected.
Consideration
of
an award
of bid for playground equipment for a joint playground at Annie Purl Elementary
in the
amount
of
$24,228
--
Randy
Morrow
J Consideration of payment to Geneva Properties, Inc. for installation of underground electric utilities in the
Georgian Place Subdivision (Section 2 - A&B; Section 2 - C; and Section 3), in the amount of $166,367.35
--Michael W. Mayben and Jim Briggs
Kersch asked if that amount was the total cost of our reimbursement obligation. Briggs said the figure
being requested is to pay for what has been constructed at this point. He said there would be future
City Council Meeting Minutes/January 11, 2000
Page 2 of 12 Pages
payments for underground electric.
K Consideration of a resolution to accept the Williams Drive Wastewater Interceptor, Phase 1 Project as
complete and establishing January 11, 2000 as the date to begin the one year warranty period for the
contract, in accordance with Texas Water Development Board (TWDB) requirements regarding projects
funded by State Revolving Funds (SRF) -- Don Rundell and Jim Briggs
L Consideration of the purchase of a tractor with loader bucket from the Houston Galveston Area Council in
the amount of $29,236.85 -- Terry Jones and Micki Rundell
M Consideration of
a resolution
authorizing
George Russell, Assistant City
Manager,
and Terry Jones,
Support Services
Director, to
access the
City of Georgetown's TexPool
accounts
-- Micki Rundell
Motion by Bain, second by Valdez to approve Items I through M. Approved 6-0. (Tonn absent)
Banks said the minutes should reflect that Lyda asked for a call for the question, and a vote was taken on the main
motion.
Motion by Hoyt, second by Valdez to approve the correction of the minutes. Approved 6-0.
Kersch announced that Item 11 has been pulled because the applicant raised the money without need of a donation
from the Council.
At this time, Kersch returned to Item G: Citizens Wishing to Address the Council
Jim Connors, 1501 Barcus Drive, said he doesn't think a waterpark is appropriate for Georgetown and he
doesn't think the City needs any more low-paying jobs. He also said he thinks the severance package for
the City Manager is highly unusual.
Will Moore,
502
Pine Street, asked for
an
update
on bringing Race Trac and
Wiley's
Texaco into
compliance
with
the City's ordinances.
He
asked
that it be put on the agenda
for the
next Council Meeting.
N Discussion and possible action concerning the Cox Cablevision Franchise Agreement -- MaryEllen
Kersch
Kersch noted that she had received phone calls regarding the lack of football games and regarding the
franchise transfer issue. Local Cox Cablevision Manager Gail Usury read a brief history regarding the issue
of transferring the franchise. He quoted a file letter concerning the ownership of the franchise. Banks
responded that she is not sure that the City actually received the letter in question, but the City did, in fact,
initiate an ordinance which transferred the franchise to TCA.
Victor Harpley, 209 Gann Street, spoke to Council about an increase in his franchise fee without a
discernible upgrade of service. He also complained about the lack of DSL service from GTE.
Don Dison deferred his time.
O 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 explained that this item was brought to Council in response to the rezoning request for duplexes.
She noted that there had been a neighborhood meeting. She explained the procedure required to
reconsider the motion, saying that Lyda and Burson would need to agree to bring the item back for
consideration. She also noted that a revised draft ordinance has been created. Lyda asked for
confirmation from each of the three parties that they are in agreement. Bob Stanton, Bill Connor and
Richard Anderson representing Southwestern University, and Robert Kriedler representing the
neighborhood confirmed.
Motion by Lyda, second by Barton to reconsider the application. Discussion:
Linda Turner, 111 Vivion Lane, asked Council to consider the many meetings that took place to
accomplish the compromise. She asked that Council stand firm for the citizens. Regarding Item V, she
said she is impressed with Marjorie Herbert and asked that Ms. Herbert be allowed to continue to serve.
City Council Meeting Minutes/January 11, 2000
Page 3 of 12 Pages
She also expressed concern about the division of votes that she frequently sees at Council Meetings.
Sheila O'Leary deferred to Robert Kriedler. Kriedler said he preferred to speak at the next item.
016"PT • i 1
P 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
Banks noted that on Section 2 of the ordinance, starting with "as agreed upon" and ending with "Renee
Hanson" should be struck. She noted that the ordinance language would be corrected for the second
reading.
Walsh listed the revised minimum standards agreed to by the neighbors, Southwestern University, and the
developer. Walsh read only the caption on first reading after having satisfied the requirements of the City
Charter.
Bill Connor, 624 S. Austin Avenue, representing Southwestern University, noted that the University is
interested in promoting adequate housing near the University, but also feels that the standards will ensure
that the gateway to the City and the proximity to the University will be protected.
Robert Kriedler, 114 Finch Lane, representing the neighborhood, thanked everyone, especially the
Council, particularly Lyda and Burson, for allowing the neighbors to be heard.
Motion
by Lyda,
second by
Barton to approve the ordinance on first reading with the conditions that were
read by
Walsh.
Fund funding
for
Approved
George Russell
6-0.
Recessed at 8:38 p.m. - Resumed at 8:55 p.m.
Q Consideration
of authorizing
the
Mayor to execute a contract
with Georgetown Waterpark, Ltd. to provide
Texas Capital
Fund funding
for
infrastructure construction --
George Russell
Russell reviewed the history of the project, saying that on April 28, 1998, a public hearing was held on the
application for funding for the waterpark and the resolution to make application was approved unanimously.
He distributed copies of a map and demonstrated the location of the proposed road to be built with the
funds to be received through the Texas Capital Fund. He noted that Greg Hall would be responsible for
funding the construction of the first 500 feet, and the last 400 feet would be the responsibility of the
waterpark, saying the grant would pay for the paving and stormwater improvements for the 3,000 feet in
between the first 500 feet and the last 400 feet.
Bain asked and Russell explained particulars regarding the financing of the road, saying the funds would
have to be secured prior to the contract being let for the construction of the road. Kersch asked and was
told that cost overruns are the responsibility of the waterpark. Bain confirmed that the City is not putting any
money into the construction of the road. Kersch asked and was told that if the project does not go through,
the State would look to the assets of the waterpark before the City would be asked to re -pay the loan.
At this time, Councilmember Ferd Tonn entered the dais.
Bruce Barton stepped forward to address the question of financing. Lyda asked him if he was aware of the
"conflict of interest" regulations of the Capital Fund contract. Lyda read those regulations from the Texas
Capital Fund Guidelines. Barton stated that he is not now receiving and has not received any
compensation for his representation of the waterpark. Lyda noted that there is a provision in the application
asking if a principal involved in the project has ever been involved in a bankruptcy proceeding. He said the
application was marked "no." He said he has discovered that information is incorrect. Attorney Rick Reed
said the application had been prepared as a result of a credit check done by Linda Costley and her
business partner at the time. Reed assured Council that this information has been disclosed to the State.
He also said that HUD was also aware of this condition and yet made loans to Hall subsequent to that. He
also said that the bank has subsequently done business with Mr. Hall. He said there was no attempt to
conceal this information. He said the lender is also aware of Hall's credit history.
Lyda confirmed that the State was informed of the bankruptcy information yesterday. Reed said the State
City Council Meeting Minutes/January 11, 2000
Page 4 of 12 Pages
told him that they view this as an administrative error. Russell said he spoke with Wayne Moss of Texas
Economic Development who told him that it would be an administrative error but would like for the
community to have a comfort level with the issue. Lyda questioned why other businesses were not listed on
the applications as being benefactors of the project, although they were listed as benefactors in the agenda
item cover sheet. Linda Costley told Council that at the time of the application, there was no business that
would specifically "tie in" to the road.
Lyda said he feels the City should update the application. Costley noted that quarterly reports to the State
are required and are used to update information. Lyda said he discovered that part of the property was
owned by Williamson County at the time of the application. Costley said the State was aware of a possible
"land swap" that could have taken place. Lyda questioned why the six-month rule had not terminated the
contract. Costley explained the typical time delays experienced in dealing with the State, saying it is difficult
to adhere to the rule if the State has not returned the documentation to the City for execution within the
prescribed timeframe. Lyda asked for information regarding the funding and asked to go into Executive
Session.
9:33 p.m. Recessed to Executive Session - Resumed Open Session at 9:58 p.m.
Councilmember Charlie Barton noted that this discussion is about a road that may or may not affect a
waterpark. He said the proposed road has been in the City's Century Plan since before a waterpark was
ever thought of. He noted that since the changing of the direction of the frontage road and the movement of
the accesses to 135 have changed, with or without a waterpark there is a transportation problem in
Georgetown, and there is a grant that will pay for a road to relieve that problem. He said he anticipates that
some day down the road this road will be built anyway and would then need to be funded with local tax
money.
Kersch noted that this item has to do with an application for State funding. She said she is not comfortable
with the current assurance of funding.
Rick Reed asked that his group be allowed to make a presentation. Bruce Barton said this project ties in
with the future planning for transportation needs in Georgetown. He also pointed out the need for access
by emergency services. He said the people involved in this project are "top level" and he doesn't think
people realize the magnitude of the proposed waterpark development. He noted that the waterpark will
provide seasonal jobs for youth returning to Georgetown from college for the summer.
Rick Reed re-emphasized that this road was proposed in the City's Century Plan. He reviewed the number
of businesses that would benefit from the building of the road. He noted that the cost of the project would
be spread over many people rather than just the local taxpayers of Williamson County. He said his client,
Greg Hall, was asked by Council to come forth with certain information. He said they have come forward
with the requested information. He said he wished the additional requested items had been brought to his
attention prior to the meeting, so they could have also been provided.
Kersch said she understood that there was to be proof of financing and she feels the Council still does not
have that. She emphasized that she is concerned about "sloppy paperwork." Reed said he is responding
as he has been requested. Kersch suggested that he speak with Banks regarding what the Council desires
for financial assurance.
Don Dison, 607 Esparada, said he doesn't care whether the waterpark is ever built. He said he is
concerned that the grant money is going to be used for something that the constituency does not want. He
asked the Council to vote against the item.
Kathy Heidemann, 407 Golden Oaks, reminded Council that she has always been opposed to this project
and that she is concerned the document is not complete. She said the property owner is not the one
presented to the community at the public hearings.
Robert Seamans, 104 Southcross Road, said he is reading to Council from a promissory note for $17,250
that doesn't mention interest or collateral. He said he thinks the traffic problems in the main City are worse
than those on South Austin Avenue.
Paul Nuckolls, owner of the Candle Factory, said the road would be a "transfusion" to his business. He
said this week he had to lay off four employees, partly because of the slow down in business since the
direction of the frontage road has changed. He said his employees go to lunch in Round Rock because it's
easier. He said he has no association with the waterpark, and would like to see the road built with grant
City Council Meeting Minutes/January 11, 2000
Page 5 of 12 Pages
money rather than with his money.
W. R. Masterson, 1501 Laurel, said he has in his possession a franchise tax account status. He said it is
on the general partner for the waterpark, and the status of the franchise tax is not good. He suggested a
future Council workshop with the State Department of Economic Development.
Jim Dillard, 1404 Maple Street, pointed out that under the financial section of the contract, the last
sentence shows that the City is responsible for any cost overruns. He said when the median is placed
down the middle of Austin Avenue, the Sonic will be damaged in a similar way as Mr. Nuckolls is being
damaged by the change in direction of the frontage road.
Gael Dillard, 1404 Maple Street, said she agrees with the Mayor that the discrepancies in the contract
create "sloppy paperwork." She said the County owns the land and she thinks most people thought that
Greg Hall owned the land. She said she doesn't think the County has addressed a "land swap" issue.
Jim Brown, 117 Randolph Road, asked the Council if any of them had applied for and received welfare.
He said he doesn't want the Council to apply for welfare for the citizens of Georgetown.
Ken Evans, 711 E. University, said he has seen the "rusted hulk" of a waterpark in Louisiana. He said he
thinks the loan paperwork is not "solid."
Debbie
Walker,
3704
Buffalo Springs, told
Council she
has been an Administrative Manager of a large
bank
in
Houston.
She
said
is in place.
the City
should
Discussion
not
be in
the
banking
business.
Lee Bain asked to speak to City Attorney Banks privately regarding a legal question.
10:42 p.m. recessed to Executive Session -- 10:58 p.m. returned to Open Session
Bain asked the group representing the applicant for an explanation of the wording in the funding letter. He
asked if there is a contract and if it could be shared with the Council. Bruce Barton expressed that the
contract is a confidentiality agreement with the lender. Reed assured Council that whatever would satisfy
the comfort level of the City would be provided.
Bain, reading from the City Council Meeting Minutes of January 12, 1999, said the Council had asked for
assurance that the funding is in place before the project would be approved. Bruce Barton said if the
confidentiality could be assured, the funding could be confirmed. Bain asked for documentation from the
State that all of the problems with the contract are accepted by them. Bruce Barton noted that the County
approved the land swap in March and documentation could be provided. He said the City will put the road
project out for bid and that all the money will be posted with the City before the road construction will begin.
Bain asked Banks if the contract could be approved subject to conditions needing to be satisfied. Barton
noted that there are several other levels of Council approval required prior to the expenditure of funds.
Kersch asked if the City could insert a "hold harmless" clause to protect the City against default of the
project.
Lyda said he would like to see evidence from the State regarding the lack of mention of a bankruptcy in the
application and asked that it be required that adequate proof of financing be presented to the City Attorney
or Acting Finance Director.
Contract Administrator Linda Costley said she understands that the State would like for the City to supply a
letter regarding the questions in the contract. Lyda said he would like for City Attorney Banks to write the
letter and bring back the State's response at the next Council Meeting. 11
Motion by
Hoyt to
get the
application
cleaned up administratively and have the City's outside bond advisor
make
sure
that
the
funding
is in place.
Discussion
followed.
Banks restated Hoyt's motion as follows: that the contract between the City and Georgetown Waterpark,
Ltd., approved subject to the satisfactory compliance in the opinion of the City Attorney of the following
conditions within 60 days from January 12, 2000:
City Council Meeting Minutes/January 11, 2000
Page 6 of 12 Pages
(1) that a written response be received from the Texas Department of Economic Development to a letter to
be sent from the Mayor making the TDED aware of the following:
(a) errors in the grant application, specifically: bankruptcy not disclosed; real estate where project
to be constructed was not owned by the applicant at the time of application; lien search performed on
property not owned by applicant; financing letter attached to application is not the financing source now
funding the construction of the project; clarification of whether the other businesses which would benefit
from the road need to be specified in the application (including a map noting those businesses and their
access points);
(b) stating that the six-month deadline contained in Section 18.E of the TDED contract has passed
without commencement of construction and that the TDED will not enforce that condition to terminate the
contract; and
(c) agreeing to a revision to the Performance Statement for the project stating that cost overruns
for construction of the infrastructure provided in the TDED contract must be paid by Georgetown Waterpark,
Ltd.;* and
(2) proof in a manner acceptable to the City's financial advisor that funds are in place to construct the
waterpark; and.
*(3) Administrative review by the City Attorney of compliance with the conditions.
rea
....
11 ._.
..I
~W1
NMI
Bain asked that the motion be amended to provide that those matters listed would be brought back to the
Council for review and action.
Hoyt said she preferred to leave her motion as recited by Banks, without the amendment suggested by
Bain, saying that the information should be reviewed administratively and then brought back to the Council.
Second by Valdez. Bain asked if this motion were not approved, could another motion be presented. Lyda
requested a roll call vote. The Council voted as follows: Burson no. Valdez yes. Barton yes. Tonn yes.
Hoyt yes. Bain no. Lyda no. The motion was approved 4-3 (Burson, Bain, and Lyda opposed)
Recessed at 11:43 p.m. - Resumed at 12:00 midnight
Kersch announced that Banks asked that the Council restate or reconsider the vote. Banks said she
requests a clarification on the procedure in case the two conditions are not met and the information is not
administratively approved.
Kersch asked for a motion to reconsider the outcome of Item Q.
Motion by Hoyt, second by Valdez to reconsider the action on Item Q. Approved 5-2 (Lyda and Burson
opposed)
Motion by Hoyt that if the conditions are not met, the road cannot be advertised for bid until they are. Lyda
said that wording is inconsistent. Hart clarified that Council wants approval of the contract with the
conditions as stated to be reviewed administratively, Council advised of that review and if those conditions
are not met, the staff is prohibited from advertising for bids until those conditions are met. Banks restated
the motion with a timeframe of 60 days and a hold harmless clause. *Kersch restated the motion that the
contract between the City and Georgetown Waterpark, Ltd. be approved subject to compliance with the
conditions within sixty (60) days. Kersch asked Banks to supply the conditions to be met.
Banks restated the conditions:
(1) that a written response be received from the Texas Department of Economic Development to a letter to
be sent from the Mayor making the TDED aware of the following:
(a) errors in the grant application, specifically: bankruptcy not disclosed, real estate where project
to be constructed was not owned by the applicant at the time of application; lien search performed on
property not owned by applicant; financing letter attached to application is not the financing source now
funding the construction of the project; clarification of whether the other businesses which would benefit
from the road need to be specified in the application (including a map noting those businesses and their
access points);
City Council Meeting Minutes/January 11, 2000
Page 7 of 12 Pages
(b) stating that the six-month deadline contained in Section 18.E of the TDED contract has passed
without commencement of construction and that the TDED will not enforce that condition to terminate the
contract; and
(c) agreeing to a revision to the Performance Statement for the project stating that cost overruns
for construction of the infrastructure provided in the TDED contract must be paid by Georgetown Waterpark,
Ltd. *—,-and
(2) proof in a manner acceptable to the City's financial advisor that funds are in place to construct the
waterpark;
(3) Administrative review by the City Attorney of compliance with the conditions;and
(4) a "hold harmless" provision be added to the contract between the City and Georgetown Waterpark, Ltd.
stating that Georgetown Waterpark, Ltd, holds the City harmless from liability for any funds expended by
the Georgetown Waterpark, Ltd. prior to the execution of the contract between City and Georgetown
Waterpark, Ltd.
*KeFSGh restated- the IMIA-fiAGRI and asked Banks to supply the GGnditiGRS t9 bG Met (induded in the
�• �-SecondbyValdez. Lyda requested a roll• •. • Bainno. Hoytyes.
Tonnyes. Bartonyes. Valdezyes.Bursonno. A•• • • •. Bain, and Burson opposed)
corrected by Mayor Kersch and City Attorney Banks)
Kersch suggested that the meeting be recessed and reconvened next Tuesday. It was determined that the meeting
would be continued at this time.
R Second Reading of an Ordinance to Rezone 4.98 acres in the Joseph Fish Survey, known as Georgetown
Village Planned Unit Development, Section Four, from A, Agricultural to RP, Residential Planned, tied to the
approved plats, variances and amendments, or any more restrictive district, located on Village Commons
Boulevard -- Wendy Walsh and Ed Barry
Walsh read the caption of the ordinance. Motion by Bain, second by Barton to approve Ordinance No.
2000-01. Approved 7-0.
S Second Reading of an Ordinance to Rezone Southwestern University from RP, Residential Planned, to
RP, Residential Planned, with a Revised Master Plan, located at 1001 E. University Avenue -- Tom Bolt and
Ed Barry
Babcock read the caption of the ordinance. Motion by Lyda, second by Bain to approve Ordinance No.
2000-02. Approved 7-0.
T Second Reading of an Ordinance to Rezone a 0.251 acre portion of Lost Addition, Block 66, from RS,
Residential Single Family to RP, Residential Planned, with a site plan, or any more restrictive district,
located at 1112 Rock Street -- Wendy Walsh and Ed Barry
Walsh read the caption of the ordinance. Motion by Valdez, second by Hoyt to approve Ordinance No.
2000-03. Approved 7-0.
U First Reading of an
Ordinance amending Section 10.12.090 of the
Code of
Ordinances
to establish speed
limits for Innerloop
Road and the Berry Creek Low Water Crossing
on Oak
Tree Drive -- Marianne Banks
Banks read only
the caption
on first
reading after
having satisfied the requirements of the City Charter.
Motion
by
Bain,
second
by
Lyda
to
approve the
ordinance on first reading. Approved 7-0.
V Consideration of voiding the action appointing Board and Commission Members at the December 14,
1999 City Council Meeting due to violation of Section 2.24.120 of the Code of Ordinances (Council Meeting
Procedures) -- MaryEllen Kersch
Kersch explained that Council had failed to follow the proper procedure and that this is the method to
correct that action. Bain asked if Council could "ratify" rather than "void" since action has already been
taken by several boards. Banks agreed that ratification could be used to correct procedural areas. Hoyt
asked for clarification that if the membership changes tonight would any action taken by boards that have
already met be rescinded. Banks said she has not researched the issue, but believes that Council could
City Council Meeting Minutes/January 11, 2000
Page 8 of 12 Pages
ratify the motion and then take action to void the appointments.
Motion by Hoyt, second by Valdez to void the appointments made at the previous meeting. Lyda
requested a roll call vote. Lyda no. Bain no. Hoyt yes. Valdez yes. Tonn yes. Barton yes. Burson no.
Approved 4-3. (Lyda, Bain, and Burson opposed)
W Consideration of appointing 35 people to the designated City of Georgetown Boards and Commissions to
serve from January 2000 to December 2001 -- MaryEllen Kersch
Kersch said a generous effort was put forth by the Council selection committee. Motion by Lyda to
approve the slate as presented on Item W. Bain asked about the action taken by the members that were
voided in the previous item. Banks said she believes they believed they were appointed and any action
they took would be legal, but she would check. Second by Burson. Lyda said the process for reviewing
the applicants was created by Hoyt and Davis. He said in November, 1999, all the Councilmembers were
invited to serve, five councilmembers were appointed, and Hoyt withdrew. He said 65 applicants were
interviewed and the slate was recommended unanimously by the selection committee. Barton noted that he
had been a part of the selection committee and had missed two of the four meetings. He said he told the
selection committee that he would defer to their judgment.
Renee Hanson, 1252 Austin Avenue, told Council she could not speak on all of the appointments but
complimented the Planning and Zoning Commission as they met last week and asked that they be allowed
to remain in their positions.
Hoyt asked
to amend the
motion on the floor by retaining
two
of the incumbents to the Parks and
Recreation
Board, adding
Don Brent and
Joan Aaronson
and
removing two.
Bain noted that one of the few things that the Mayor gets to do is appoint members to boards and
commissions, and he respects the slate presented by the Mayor.
Hoyt said she would like to see Don Cole back on the Airport Advisory Board. Lyda spoke very highly of
Don Cole and noted that when they interviewed Don Cole the Committee asked him if he thought any of the
highly qualified applicants would be helpful to the Airport Board and he said he didn't think they would be
valuable. Barton added that he was present for that interview and he recalls that Cole was negative in his
responses to the Committee's questions.
The motion to approve the slate as presented was approved 7-0.
X Emergency Reading of an ordinance adding two (2) positions to the membership of the Airport Advisory
Board -- Marianne Banks
Banks clarified that the Council would need to vote twice, first to declare the emergency, and second to
approve the ordinance. Banks also noted that she would need to read the entire ordinance because the
decision to do this ordinance occurred too late to meet the requirements of the City Charter.
Motion
by
Lyda,
second
by
Bain
to
consider Item X on one emergency reading. Approved 7-0.
Motion
by
Lyda,
second
by
Bain
to
approve Ordinance 2000-04. Approved
7-0,
Y Consideration of appointing two people to the Airport Advisory Board to fill the newly created positions--
MaryEllen Kersch
Motion by Lyda, second by Bain to approve Item Y as submitted. The motion failed with a vote of 3 to 4.
(Hoyt, Tonn, Barton and Valdez opposed)
Motion by Hoyt, second by Valdez to appoint Penny Burt and Don Cole. Lyda asked for a roll call vote.
Lyda no, Bain no. Hoyt yes, Tonn yes, Valdez yes, Barton yes, Burson no. The motion failed for lack of a
majority plus one.
Motion by Bain, second by Lyda to approve Penny Burt and Steve Johnston. Approved 5-2. (Tonn and
Valdez opposed)
Z Emergency Reading of an ordinance adding two (2) alternates to the membership of the Historic
City Council Meeting Minutes/January 11, 2000
Page 9 of 12 Pages
Preservation Commission (HPC) -- Marianne Banks
Banks read the entire ordinance because the decision to do this ordinance occurred too late to meet the
requirements of the City Charter. Motion by Lyda, second by Bain to consider Item Z on one emergency
reading. Approved 7-0. Motion by Lyda, second by Bain to approve Ordinance 2000-05 on emergency
basis. Approved 7-0.
AA Consideration of appointing two people to the Historic Preservation Commission (HPC) to fill the newly
created alternate positions -- MaryEllen Kersch
Motion by Lyda, second by Bain to approve the appointments. (Banks clarified that Fowler would be the
first alternate and Hunt the second alternate). Approved 7-0.
BB Emergency Reading of an ordinance allowing the City Council to fill a vacant position on the Convention
and Visitors Bureau Board (CVB) with an at -large member, if no applications are received for such
vacancy -- Marianne Banks
Banks read the
entire ordinance
because the
decision
to do this ordinance occurred too late to meet the
requirements of
the City Charter.
Motion by
Lyda to
approve on emergency basis.
Nancy Knight, 205 Tallwood, spoke to Council on behalf of the Convention and Visitors Bureau Board and
presented Council with copies of a letter from Randy Eliassen, Chairman of the Convention and Visitors
Bureau Board and copies of a letter of resignation from Nancy White. She said the Board supports the
continuance of the ordinances and bylaws governing the Convention and Visitors Bureau Board until such
time as the Council receives recommendations from the Economic Development Task Force.
Banks explained that the prior process was that the person currently serving in that slot would remain until
another qualified applicant is available. There was discussion as to the lack of available applicants to meet
the specifications. Second by Bain. Approved 7-0.
Motion by Lyda, second by Bain to approve Ordinance 2000-06 on emergency basis. Approved 7-0,
CC Consideration of appointing five people to the Convention and Visitors Bureau Board -- MaryEllen Kersch
Motion by Lyda, second by Bain to approve the appointment
of
the five people in Item
CC. Hoyt asked
and was told that the Chamber had not provided another name.
It
was clarified that there
would need to be
five votes to overrule the recommendations. Motion failed due
to
lack of a majority plus one in favor.
Motion by Hoyt, second by Valdez to approve all of the nominees except for *the Chamber nominee,
Nancy Knight, and to ask the Chamber to submit another name. *Approved 4 3. (Lyda, BUFSGR, and BaiR
eppesed) There was discussion as to whether five affirmative votes were required. *It was determined that
the motion would require five affirmative votes. The motion failed due to a lack of a majority plus one in
favor. (*as corrected by listening to the audio tape at the request of Councilmember Lyda at the January 25
Council Meeting.)
Motion by Tonn, second by Barton to defer this item to the next Council meeting. Approved 4-3. (Lyda,
Bain, and Burson opposed)
Tonn left the dais.
DD Consideration of authorizing the Mayor to request
that the Texas Department
of Transportation
(TxDOT)
and the Federal Aviation Administration (FAA) initiate
and fund (90%FAA and
10%City) a Federal
Aviation
Regulation Part 150 Airport Noise Compatibility
Program Study -- Travis McLain and Verna
Browning
McLain noted that recommendations were made to the Airport Advisory Board so this item is coming for
Council's approval because restrictions cannot be made regarding construction at the airport without a Part
150 Study. Lyda asked and was told that the Study would take about a year.
Elizabeth Hunter, 3805 Roble Grande, told Council that she is a member of the Airport Operations and
Safety Board and said she is in favor of the study. She asked that the same type of study not be done
where they average the test results like the FAA did for the Master Plan. McLain said that is the way the
City Council Meeting Minutes/January 11, 2000
Page 10 of 12 Pages
FAA does their tests, but that there would be more detail in a Part 150 Study with a single instrument.
Penny Burt, 3803 Roble Grande Circle, told Council that this item is a "piece -meal , tiny bit" of the real
airport situation. She asked that the money provided be spent cautiously. She said what has been done to
date was not determined by a cost -benefit analysis. She suggested waiting to see where this Study fits into
the overall program.
Barton said he feels the noise is the major complaint regarding the airport. Burt said she is hearing that
noise, safety, and costs are the major complaints.
Burt stated that Don Cole at an Airport Advisory Board meeting stated that the airport should be moved.
Travis clarified that the 150 study is not a precursor to an application for a tower.
Motion by Barton, second by Lyda to approve the request for a Part 150 Study. Approved 6-0.
EE Consideration of a request to provide policy direction to staff regarding denial provisions of Section
12.24.120 of the City Code (Parades and Processions) in the event a special events permit is sought for an
airshow on May 5th - 7th, 2000 -- Travis McLain and Verna Browning
Beth Jenkins, 30205 Hacienda Lane, said she could still do the "fly-bys" and the "pyrotechnics" without
closing the road. She noted that all the proceeds from the Airshow go back into the community.
Banks was asked to consult the ordinance to determine the provisions for denial of the special events
permit. It was determined that sufficient policy direction was received to close a portion of Northwest
Boulevard.
FF Emergency Reading of an ordinance extending the suspension of the receipt for review and approval of
new applications for manufactured housing developments within the jurisdiction of the City and its Extra
Territorial Jurisdiction for four months -- Clyde von Rosenberg and Ed Barry
von Rosenberg read only the caption on Emergency Reading after having satisfied the requirements of the
City Charter.
Motion by Hoyt, second by Lyda to treat this item as an emergency. Approved 6-0.
Motion Hoyt, second by Lyda to approve on emergency basis. Approved 6-0.
GG Consideration of possible action on the alignment and construction of Country Club Road/Rivery
Boulevard at Williams Drive -- Don Rundell and Jim Briggs
Jim Brown asked that this item be postponed to the next meeting. Motion by Barton, second by Lyda to
defer this item to the next meeting. Tie vote of 3-3. Mayor voted to defer. Briggs asked Council if they
wanted to hear the presentation from HDR this evening. Barton asked that this item be placed at the
beginning of the next agenda. Hoyt suggested combining the evaluations with this item next Tuesday night,
starting with this item at 7:00 p.m.
HH Consideration of an agreement with the Georgetown Cultural Citizens' Memorial Association (GCCMA) for
leasing and renovation funding of the Shotgun House located at 801 West Street. -- Murray Blackman
Blackman gave a brief overview of the agreement.
Della Green, 1901 Vine Street, told Council the Citizens' Memorial Association was incorporated in order to
obtain a 501(c)3. She said they were forced to change the name in order to apply to the IRS for the 501(c)3
standing. She said a lease agreement is required by IRS along with the application. She said the
Association has raised over $1700 in less than a month and said they will apply for a marker. She said it is
awkward for the City to withhold the amount of money that is promised until the Association has raised the
amount they are required to provide. She asked that the City go ahead and spend their $30,000 share to
bring the building up to code. Hart suggested deferring this item for a couple of weeks in order to view the
architect's cost estimates.
Motion by Lyda, second by Barton to defer this item until the January 25 Council Meeting. Approved 6-0.
City Council Meeting Minutes/January 11, 2000
Page 11 of 12 Pages
II Consideration of a request for donation to assist in sponsorship of a concert -- MaryEllen Kersch
This item was withdrawn from the agenda by the applicant saying that their fund-raising goals had been
met.
JJ Consideration of scheduling a special meeting for the purpose of conducting the annual evaluation of
Council -appointed positions of City Manager, City Attorney, and City Secretary -- George Russell
Kersch asked to have the evaluation instruments, job descriptions, and comparables for each of the three
positions. Hart noted that he has self appraisals on two positions and the job description on one position to
provide to Council at this meeting, but no comparables yet.
Motion by Hoyt, second
by
Bain to begin the evaluations
at 5:30 p.m.
on Tuesday, January 18 and
continue after the 7:00 p.m.
City of Georgetown
meeting on the Country Club
figures
Road item.
Approved 6-0.
KK Consideration of scheduling a Governance Policy Workshop -- MaryEllen Kersch
This item was deferred to the next Council Meeting.
LL Discussion of format for 2000/2001 budget process -- Clark Lyda
This item was deferred to the next Council Meeting.
MM Consideration of requesting
staff to
report on an
official
newspaper designation for
the
City of Georgetown
and compilation of circulation
figures
on potential
official
newspapers -- Susan Hoyt
and
Ferd Tonn
Motion by Hoyt, second by Valdez to request that staff do a circulation and cost study to bring back to the
Council Meeting on February 8, 2000. Clark Thurmond of the Williamson County Sun said he didn't realize
that the City had an officially designated newspaper and he was afraid that this effort might destroy over
122 years of relationship between the City and the Williamson County Sun. He said he suspects that this is
being promulgated by the Austin American Statesman. He said he has seen it happen recently in several
small towns. He said the public notices for Georgetown would be difficult for local citizens to find in the
Austin Statesman and would force the citizens to pay $170 per year in subscription fees in order to track
them. He told Council that all of the public notices are published free of charge in the weekly ad paper
published by the Williamson County Sun that is mailed free to all residents in Williamson County.
Kersch asked and was told by Hart that the City has a policy that they will use a preference of 10% to local
businesses for items under $15,000.
Motion was approved 4-2. (Lyda and Burson opposed)
Motion by Valdez to adjourn at 2:43 a.m.
The meeting was adjourned at 02:43 AM.
Approved
Mayor MaryEllen Kersch
City Council Meeting Minutes/January 11, 2000
Page 12 of 12 Pages
Attest.;
ZL
City Secretary Sandra Lee