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HomeMy WebLinkAboutMIN 11.13.2001 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: Council Absent: Clark Lyda, Doug Smith, Sam Pfiester, Charles "Hoss" Burson Jack Noble, Ken Evans and Llorente Navarrette Staff Present: George Russell, City Manager; Patricia Carls, City Attorney; Sandra Lee, City Secretary; Jim Briggs, Assistant City Manager for Utility Operations; Tom Yantis, Assistant City Manager for Operations; Micki Rundell, Director of Finance; Amelia Sondgeroth, Director of Development Services; Charlie Walker, Director of Economic Development; Ed Polasek, Chief Long -Range Planner; David Munk, Development Engineer; Carla Benton, Development Planner; Terry Jones, Purchasing Director; a _ s• ;1 r• Called to order at 4:02 p.m. A There was no workshop scheduled for this meeting. Council convened Executive Session at 4:03 p.m. Regular Session to convene Executive Session, if necessary Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. B Sec.551.071 consultation with attorney - Pending Litigation - Domel v. City, Cause No. 94-020-C368 (368th District Court, Williamson County) - Georgetown Waterpark, Ltd. v. City, et al.; Cause No. 00-209-C277 (277th District Court of Williamson County) - Walker and Shell Road Golf Center, Inc. v. City; Cause No. 00-083-C277 (277th District Court, Williamson County) - Wallace v. William Joseph Pascoe, Jr., Gary Todd Terbush, and City; Cause No. A -00 -CA -609 -SS; U.S. District Court for the Western District of Texas - City v. Doug and Doris Pierce; Cause No. 00-552-C26 (26th District Court, Williamson County) - Beau Embree v. City; Cause No. C2001-216, J.P. Court (Precinct 3, Williamson County) - Legal Advice Pertaining to Referendum and Recall Petitions - Potential Litigation City Council Meeting Minutes/November 13, 2001 Page 1 of 8 Pages - Code Enforcement Actions - Legal/Risk Management Issues - Duty to Advise regarding agenda items C Sec.551.086 deliberation regarding economic development - Discussion of Economic Development Prospects D Sec.551.074 personnel matters - Performance Review of Council -appointed employees: City Manager and City Secretary E Sec.551.072 deliberation on real property - Lease of city -owned property - Acquisition of property Called to order at 6:04 p.m. F Comments from the dais regarding the following items: 1. Opening Comments and Welcome to Audience meetings: Nov. 27 - Historic Architectural Review Commission Mayor welcomed the audience and gave a brief summary of Council Meeting procedure. 2. Mayor's Comments Airport Board - Proclamation regarding the Heritage Society's Official Christmas Ornament for the City of Georgetown Kersch read and presented a proclamation to James and Gael Dillard of the Heritage Society. - Report on Susan Komen Breast Cancer Foundation Fundraiser at Chili's on October 29 Kersch shared her experience at the Chili's fundraiser. - Discussion of the public hearing relating to charges against officers named in the recall petitions, as per City Charter Councilmembers commented on a majority of positive comments received at the Public Hearing. Lyda informed the audience of the upcoming public forums. - Comments on recent coverage by the Austin American Statesman Kersch spoke of recent articles which included misinformation - Comments regarding the bond elections for the Library, Community Center, City Hall (deferred to be discussed at Item W. - Announcement of vacancies: (One for Board of Adjustment, one resident of Stonehaven for the Housing Authority, one for Parks & Rec) - Ten O'Clock Rule Mayor noted that the agenda would need to be completed at this meeting because another Council workshop is scheduled for Wednesday. 3. List of Topics from Executive Session 4. Reports from Councilmembers regarding committee assignments - Capital Area Planning Council - no report - Williamson County Council on Domestic Violence - not meeting until January G Reports from Boards and Commissions - Building Standards - Chair John Gavurnik gave Council an update on recent Commission activities. At this time, Mayor announced that Item DD had been pulled by the applicant due to a family emergency. - List of Boards to report at future meetings: Nov. 27 - Historic Architectural Review Commission (HARC); Dec. 11 - Library Board and Airport Board H Announcements from City Manager - Open Records Requests - Russell reported there have been five requests since the last meeting. - Late -Breaking Headlines - There were none. Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate Della Green, 1901 Vine Street, regarding redistricting. City Council Meeting Minutes/November 13, 2001 Page 2 of 8 Pages Green distributed copies of a letter she had provided to Council at the July 30 Special Council Meeting. She asked Council to review the information and she said she would speak at a later time. J Action from Executive Session items from Monday, November 12 and/or Tuesday, November 13, 2001 Motion by Smith, second by Lyda to increase authorization for attorney's fees to Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. in an amount not to exceed $10,000 for issues related to redistricting, as budgeted in Fiscal Year 2001-2002 from Council Contingency. Approved 5-0-1. (Burson absent/Navarrette abstained) Motion by Evans, second by Smith to increase authorization for attorney's fees to Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. in an amount not to exceed $15,000 for issues related to the recall and referendum. Approved 5-0-1. (Burson absent/Navarrette abstained) Motion by Smith, second by Lyda to increase the authorization for the funding of legal services for Morgan & McCool, P.C. from $40,000 to $70,000 for issues related to the Interim Development Ordinance Review, Rivery Town Crossing, Downtown Business District, Clearwater Road and Development Regulations. Approved 5-0-1. (Burson absent/Navarrette abstained) Motion by Noble, second by Pfiester to approve attorney's fees in an amount not to exceed $10,000 to Brown & Carls for issues related to Charter Review, as budgeted in Fiscal Year 2001-2002 from Council Contingency. Approved 5-0-1. (Burson absent/Navarrette abstained) Motion by Evans, second by Lyda to increase the authorization for the funding of legal services for Strasburger & Price, L.L.P. from $170,000 to $200,000 for issues related to Georgetown Waterpark vs. the City of Georgetown. Approved 5-0-1. (Burson absent/Navarrette abstained) Motion by Lyda, second by Noble to approve a $500 annual salary increase for the City Secretary with re-evaluation in 90 days. Approved 6-0. (Burson absent) Public Hearing K Second Public Hearing concerning the annexation into the City of 61.74 acres, more or less, in the William Addison Survey, located east of Southwestern Boulevard, and south and east of Raintree Subdivision, to be known as University Park, Section Two — Ed Polasek and Amelia Sondgeroth The Public Hearing was opened at 6:36 p.m. Polasek explained the item. There were no comments. The Public Hearing was closed at 6:37 p.m. Statutory Consent Agenda L Consideration of approval of the Meeting Minutes of the Personnel Hearing of Monday, October 22, 2001; the City Council Workshop and Executive Session of Monday, October 22, 2001; and the Workshop and Regular City Council Meeting of Tuesday, October 23, 2001 -- Sandra Lee Mayor Kersch suggested corrections. M Consideration of approval of a Resolution approving an agreement with First Texas Bank to serve as the City's depository for the two years beginning December 1, 2001 -- Laurie Brewer and Micki Rundell N Consideration and possible action regarding a Resolution casting City of Georgetown votes for the election of the Williamson County Appraisal District Board of Directors -- MaryEllen Kersch O Consideration of approval of a contract with Lucas Wilson for Municipal Court Prosecution -- Patricia E. Carls P Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning a Public Utility Easement (PUE) within Lot 2 and 24, San Gabriel Estates, located on Williams Drive and Booty's Crossing Road -- Jim Babcock and Amelia Sondgeroth Q Consideration and possible action on a Public Review Final Plat of 15.09 acres in the Antonio Flores City Council Meeting Minutes/November 13, 2001 Page 3 of 8 Pages Survey, to be known as Crystal Knoll Terrace, Unit Four, located along Jefferson Lane — Melissa Murphy and Amelia Sondgeroth R Consideration of Amendment dated October 23, 2001 to the contract between the City of Georgetown and Roming, Parker and Kasberg, L.L.P. for engineering services related to design and construction of water improvements from Lower Park Road to Central Water Tank and from Southeast Inner Loop to Quail Valley Drive in the amount of $163,900.00 -- Don Ward and Jim Briggs Lyda asked and Ward explained that these lines were identified in the CIP process. S Consideration of approval to authorize Industrial Disposal Supply to overhaul the TYMCO street sweeper in an amount not to exceed $40,000.00 --Terry Jones and Micki Rundell Navarrette asked and Jones replied that the City has two street sweepers. T Consideration of authorization of an expenditure to Matthew and Company in an amount not to exceed $25,000.00 for City Council video taping services, production of a television spot for the November bond issue, and a television commercial promoting shopping and overnight stays in Georgetown -- Terry Jones and George Russell U Consideration of approval of an expenditure to YPS Mechanical for the replacement of the air conditioning system and duct work in Fire Station No. 2 in an amount not to exceed $17,798.00 -- Terry Jones and Micki Rundell Lyda asked and Jones clarified the item for the Council, saying that it is for the clean-up of mold at Fire Station #2. Motion by Lyda, second by Evans to approve the Consent Agenda with the minutes corrected as suggested. Approved 6-0. (Burson absent) V Consideration and possible action of a resolution calling a Recall Election at the next possible uniform election date of Saturday, February 2, 2002 -- Sandra Lee Akers was questioned about the timing for the election and she replied that the election must be held at the next uniform election date, that being February 2, 2002. She noted that the resolution calling the election would need 60 days to be precleared with the Department of Justice, making it necessary to finalize the plans for the election no later than the next Council Meeting on Tuesday, November 27. Della Green, 1902 Vine Street, asked about the Councilmember appointment provision in the City Charter and Attorney Patty Akers explained that the City Charter is pre-empted by State law, saying the councilmembers will continue to serve until their positions are filled in an election which would be held at the next uniform election date after the Recall Election in February, which will be May 2002. Kendall Young, 140 Scissortail Trail, thanked the Council for their dedication to the welfare of Georgetown, and he said the citizens owe them a debt of gratitude. He said there is a need for an explanation regarding property tax rates and property appraisal. He suggested that an injunction be obtained to delay the election until May. He suggested that the Charter be amended to make it necessary for only the citizens of the Councilmembers' district to sign a petition for recall. Motion by Lyda, second by Evans to approve the resolution as provided by Akers. Navarrette asked if he could be allowed to vote against the resolution. Akers explained that voting "no" would be voting against the Charter requirement. Approved 5-1. (Navarrette opposed) W Discussion regarding maintenance, repair and ADA issues for the Georgetown Public Library, Georgetown City Hall, and the San Gabriel Park Community Center -- George Russell This item was moved to the end of the agenda. City Council Meeting Minutes/November 13, 2001 Page 4 of 8 Pages Z Consideration and possible action regarding the Main Street Advisory Board Facade Fund Application -- Patty Eason and MaryEllen Kersch Vice Chair of the Main Street Advisory Board, Bryant Boyd, presented the item. Motion by Lyda, second by Pfiester to approve the application. Approved 6-0. BB Consideration and possible action on the Economic Development Commission Policies and Guidelines -- Scott LaGrone and that it was first MaryEllen in the Kersch Motion by Noble, second by Pfiester to defer this item to the next agenda. Approved 6-0. X Consideration and possible action on a Detailed Development Plan of Williamson County Criminal Justice Facility, Block 2, Lot 1, and City of Georgetown, Block 22, parts of Lots 1, 21 & 3, with variances to the Subdivision Regulations, located from 3rd to 6th Streets and from Rock Street to Martin Luther King Boulevard -- Carla Benton and Amelia Sondgeroth Benton presented the item, and explained the four variances. Judge John Doerfler said the foundations for the building is not designed for additional floors. He said the foundation on the parking garage is structured to support future additional floors. He asked for approval of the four variances. Jim Broaddus of Broaddus and Associates gave a presentation, saying the City process has been followed by going before the Planning and Zoning Commission, receiving approval by a 4-1 vote. He displayed drawings of the proposed buildings. There were questions from Council regarding the possible height of the parking garage in the future. It was determined that the garage would never be higher than the other two buildings. Architect Jesus Delgado answered questions regarding the height of the buildings in the future and said the number of total parking spaces will be 1250. Kersch asked Broaddus to respond regarding working with the neighborhoods. Broaddus indicated that the neighborhoods have implied that the project should be stopped. He said the County Commissioners asked that a study be done. He said the County has agreed to all recommendations that were made as a result of the study. Judge Doerfler responded to Pfiester that the County is required by the State to find housing for all prisoners and the way to accomplish that is to expand the jail facility. The overflow of prisoners is now being handled at a jail near Taylor. Ronald Swain, TRG President, 103 Diamond Trail, told Council he is concerned that because the heighth of the jail has been capped, the building might need to be expanded outward towards the neighborhood. He said he is looking at the preservation of current homes and churches. He said he has not heard information regarding the environmental effect on the river of the construction or the economic impact of the jail on the merchants in the downtown area. He also said he is concerned about the property values of the residences directly across the street from the jail. He asked Council to reconsider the building coverage percentage in Variance No. 4. Navarrette asked Swain to speak about negative impacts of the existing jail on the neighborhood. Swain said the neighbors are concerned about prisoners escaping and the amount of foot traffic approaching residents. Renee Hanson, said she is also concerned about the possible future expansion into the neighborhood or possibly into the downtown area. She said she wants it on the record that the Council wishes not to support future expansion. Judge Doerfler recounted to Council that the jail has been a part of the downtown neighborhood for many years, saying that it was first housed in the basement of the courthouse. Benton said this item would need to come back to the Council for any future rezonings or variances. Kersch asked Carls to respond as to whether the Council could enact conditions that effect the future. Carls said the Council could make variances subject to conditions, but the County could also condemn and use eminent domain power. She recounted that Judge Doerfler had suggested an interlocal agreement and said that would be a good way for Council to state their preferences. Lyda asked and Carls responded regarding the use of deed restrictions and that the City has no right to enforce those restrictions. There was additional discussion. Carls suggested either an appropriate deed restriction or an interlocal agreement. Swain, from the audience, asked that Variance No. 4 be deferred until the appropriate language could be City Council Meeting Minutes/November 13, 2001 Page 5 of 8 Pages developed to handle that variance. Smith said since the County has complied with the process, he doesn't feel any further delay should be imposed by the Council. Della Green said she would like to see a traffic analysis for the intersection of SH29 and Austin Avenue concerning the additonal traffic from the expanded courthouse. Motion by Pfiester, second by Evans to approve the detailed development plan with the variances as noted, subject to remanding it to the City and County staff to come forward with specific limitation so that the proposed additions have their height capped as proposed and that the build -out of the parking garage will occur with the build -out of the courthouse and jail. Lyda proposed an amendment to Pfiester's motion to require the interlocal agreement or other enforceable mechanism to provide for no addional improvements on the surface parking lot at the northwest portion of the site and for the staff to bring back, simultaneously with these documents, a zoning overlay covering the remainder of the TRG neighborhood, prohbiting anything other than single-family residential use within the overlay zone. There was a question as to the description of the overlay. 9:30 p.m. -- recess 9:42 p.m. -- resumed Lyda requested Executive Session for consultation with attorney. 9:52 p.m. -- returned to Open Session Lyda withdrew his original amendment, then proposed an amendment that staff will bring back, as a condition of the approval of variance D, a restrictive covenant on the surface parking lot at the northwest corner of the site, that there will be no additional building construction on that lot, and there should be an interlocal agreement saying there will be no further expansion of the County facilities west of MLK or north of 3rd street. Second by Noble. Vote on the amendment: Approved 6-0. Vote on the Main Motion as amended and the findings of fact as provided in the packet. Approved 6-0. AA Consideration and possible action regarding approval of a resolution relating to the expenditure of Hotel Occupancy Taxes for FY'02 and a funding agreement with the Palace Theatre -- Charlie Walker Walker presented the item and noted that the Convention and Visitors Bureau had recommended that the proposed Agreement be amended by three specific requirements. Motion by Noble, second by Evans to approve the resolution and agreement as written. Approved 4-0. (Burson absent/Pfiester and Lyda abstained) FF First Readings 1. First Reading of an ordinance repealing Ordinance No. 2001-45 known as the "Interim Subdivision Regulations;" and replacing such ordinance with an ordinance regarding road adequacy, impervious cover, and preservation of trees as Interim Standards for Non -Residential Subdivisions -- Amelia Sondgeroth Sondgeroth said this ordinance was directed back to the public and to the Planning and Zoning Commission as requested by the Council. She introduced Attorney Terry Morgan of Morgan and McCool who reviewed the changes involving the roads. There was discussion. Sondgeroth reviewed the changes involving impervious cover. She indicated there had not been many comments from the public regarding impervious cover. Sondgeroth reviewed the changes involving tree preservation. There were questions and suggestions from the Council. Don Martin, Austin resident and Georgetown property owner, told Council he thinks the ordinance is "1000"% better than it was, even though he still doesn't agree with everything in it. He said Council is regulating, with this ordinance, a very small percentage of total development. Anne Marie Dorsa, 3017 Gabriel View, told Council she speaks for the protection of the trees smaller than 12 -inch caliper. City Council Meeting Minutes/November 13, 2001 Page 6 of 8 Pages Della Green, 1902 Vine, told Council she agrees with everything Don Martin said, and she complimented the development staff. She questioned the City's location in relationship to the Edward's Aquifer. Briggs explained the location of the aquifer and the recharge zone. Sondgeroth read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. She clarified the changes requested by Council. Motion by Lyda, second by Pfiester to approve the ordinance on first reading with the noted changes. Approved 5-1. (Navarrette opposed) EE Reconsideration of the conditions of approval of the Record Final Plat of 12.83 acres out of the William Roberts Survey, to be known as The Woods at Berry Creek, Section Two, located on Brentwood Drive and Meadow Green Drive -- David Munk and Amelia Sondgeroth Russell Parker, developer at Berry Creek, applicant on this item, gave the history on why this item is being brought back to Council. He said it concerns a channel between two houses. He said the channel will be replaced by a buried pipe and a fence will be installed. He said the project is taking a long time because of the need to use small equipment due to the location between houses. He said he cannot record his subdivision because the project has still not been completed. He noted that he does not control the situation, but is being adversely effected by the fact that this project has not been completed. He offered to post fiscal surety. David Munk was asked to give Council the status on the project. When asked by Lyda, Munk recommended $10,000 as the amount for surety. Motion by Noble, second by Lyda to reconsider. Approved 5-1. (Pfiester opposed) Motion by Lyda, second by Noble to approve the plat on the condition of the developer submitting a $10,000 bond to ensure the completion of the drainage improvements. Approved 6-0. Y Consideration and possible action regarding the hiring of a Business Recruitment and Retention (BRR) Contractor -- Scott LaGrone and MaryEllen Kersch Motion by Pfiester, second by Evans to defer this item to the November 27, 2001. Approved 5-1. (Smith opposed) CC Appointments 1. Consideration and possible action on the appointment of Paula Boggs as Chair of the Economic Development Commission and appointment of Henry Carr due to the resignation of Johnny Lacey -- MaryEllen Kersch Motion by Lyda, second by Pfiester to approve the appointments of Boggs and Carr. Approved 6-0. Boggs thanked Council for the appointment. 2. Consideration and possible action on the appointment of Beebe Gray to the Historic and Architectural Review Commission (HARC) due to the resignation of Jim Dillard -- MaryEllen Kersch Gray thanked the Council for the appointment. Motion by Evans, second by Smith to approve the appointment. Approved 6-0. 3. Consideration and possible action on the appointment of Dick Lenning as the Fire Protection Representative to the Building Standards Commission due to the resignation of Robert Jacobson -- MaryEllen Kersch Motion by Noble, second by Evans to approve the appointment. Approved 6-0. 4. Consideration and possible action on the appointment of a City of Georgetown representative to the Steering Committee for the Williamson County Comprehensive Transit Planning Project -- MaryEllen Kersch Kersch recommended City of Georgetown Chief Planner Ed Polasek be appointed as the representative. Motion by Pfiester, second by Evans to approve the appointment. Approved 6-0. City Council Meeting Minutes/November 13, 2001 Page 7 of 8 Pages 5. Consideration and possible action on the appointment of members to the 413 Corporation, naming Chair, setting and establishing agenda for the first meeting -- MaryEllen Kersch Kersch noted that Pfiester, Smith, Evans and Noble from the Council have agreed to serve and she asked Pfiester to serve as Chair. She recommended Bill Masterson, Paulette Taylor and Mary Louise Poquette to fill the other three positions. Motion by Lyda, second by Navarrette to approve the Mayor's nominees. Approved 6-0. DD Consideration and possible action on a Public Review Final Plat of 5.54 acres in the Nicholas Porter Survey, to be known as Airborn Subdivision, located on Royal Drive with variances to the Subdivision Regulations — Melissa Murphy and Amelia Sondgeroth This item was pulled by the applicant due to a family emergency. FF First Readings 1. First Reading of an ordinance repealing Ordinance No. 2001-45 known as the "Interim Subdivision Regulations;" and replacing such ordinance with an ordinance regarding road adequacy, impervious cover, and preservation of trees as Interim Standards for Non -Residential Subdivisions -- Amelia Sondgeroth This item was handled previously in this agenda following Item AA. 2. First Reading of an ordinance amending stormwater rates to reflect the cost of providing service -- Kathy Ragsdale and Micki Rundell Briggs read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Pfiester, second by Smith to approve the ordinance on first reading. Approved 5-1. (Navarrette opposed) W Discussion regarding maintenance, repair and ADA issues for the Georgetown Public Library, Georgetown City Hall, and the San Gabriel Park Community Center -- George Russell Russell expressed the need to do some roof repairs, add a hot water heater, and repair the HVAC at the Library; do renovations for ADA compliance at City Hall; and renovations at the Community Center for ADA compliance, HVAC issues, roof repair, and wiring issues; saying this work was deferred due to the bond issues, but now that the bonds were defeated, these items still need to be addressed. Kersch suggested bringing the bonds back at the February election. Russell spoke about some previous City bonds that could be used for City Hall and the Library, but not for the Community Center. There was discussion as to when the bonds should be brought back to the voters. Lyda suggested that the money from the previous bonds be used to repair the roof on the Library. The meeting was adjourned at 11:50 PM. proved : ayor MaryEllen Kersch City Council Meeting Minutes/November 13, 2001 Page 8 of 8 Pages Attesti F City Secretary Sandra Lee