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HomeMy WebLinkAboutMIN 10.09.2001 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor presiding. Council Present: Council Absent; Llorente Navarrette, Clark Lyda, Doug Charles "Ross" Burson Smith, Jack Noble, Sam Pfiester, Ken Evans 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; Sondgeroth,' Director of Development Services; Randy Morrow, Director of Parks and Recreation; Kimberly Garrett, Administrative Manager of the Parks and Recreation Division; Kathy Ragsdale, Utility Office Director A Discussion regarding Brazos River Authority Raw Water Contract -- Jim Briggs Briggs gave Council the history of the raw water contracts with Brazos River Authority and explained the terms of the three contracts for raw water from the Colorado River Basin, Lake Georgetown, and Lake Stillhouse Hollow Reservoir. There was discussion regarding the rates and the rights of the City in the contracts. Outside Counsel Kerry Russell answered questions from the Council. 5:06 p.m. -- recessed to Executive Session 6:15 p.m. -- returned to Open Session �'•' • • • • 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. 00-083-0277 (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) City Council Meeting Minutes/October 9, 2001 Page 1 of 7 Pages - Legal Advice Pertaining to Referendum and Recall Petitions - Potential Litigation - 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 - Discussion of delivery of legal services E Sec.551.072 deliberation on real property Lease of city -owned property - Acquisition of property F Comments from the dais regarding the following items: 1. Opening Comments and Welcome to Audience Kersch gave a welcome and a brief overview of the Council Meeting procedures 2. Mayor's Comments - Proclamation for Fire Prevention Week Kersch read and presented a proclamation to Fire Marshall Tom Leggitt, Captain Clay Shell, and Safety and Fire Education (S.A.F.E.) Clowns "Roser" (Lt. Clarence Purkey), "Preconnect" (Apparatus Operator Jonathan Gilliam), and "Embers" (Lt. Tommy Bizzell) - Proclamation for Breast Cancer Awareness Month Kersch read and presented a proclamation to Drs. Dr.* Valerian and Mrs.* Mary Chyle, (*as corrected by Mayor Kersch at the October 23 Council Meeting) - Announcement of vacancies: (One alternate for Board of Adjustment, one on Building Standards, one resident of Stonehaven for the Housing Authority, one for Parks & Rec) - Ten O'Clock Rule Kersch noted that the Council would recess the meeting at 10:00 p.m., if necessary, to be continued on Wednesday, October 10 Noble noted that Item Y has been deferred until the next Council Meeting. 3. List of Topics from Executive Session 4. Reports from Councilmembers regarding committee assignments - Capital Area Planning Council - Noble reported that he attended a GARTGA CARTPO* Meeting regarding transportation needs for the capital area. (*as corrected by Jack Noble at the October 23 Council Meeting) - Williamson -Burnet County Opportunities - no report - Williamson County Council on Domestic Violence Kersch noted the event to be held on Friday at Southwestern University. G Reports from Boards and Commissions - Economic Development Commission Vice Chair Gordon Baker gave a report on the latest activities of the Commission. - Youth Advisory Board Staff Liaison Brenda Culver introduced board members Lisa Foster and Lauren Senchack who gave a brief report on the activities of the Youth Advisory Board. - List of Boards to report at future meetings: Oct. 23 - Main Street Advisory Board and Zoning Board of Adjustment; Nov. 13 - Building Standards and Convention and Visitor's Bureau Board; Nov. 27 - Historic Architectural Review Commission (HARC); Dec. 11 - Library Board and Airport Board H Announcements from City Manager - Open Records Requests Russell reviewed the recent requests for information. - City Security Precautions (water,etc.) Russell reported on the precautions taken. - Late -Breaking Headlines Kersch reported receiving a note from a recent visitor to Georgetown, the Mayor of Knowlsley, England, regarding the tragic events of September 11. I Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate City Council Meeting Minutes/October 9, 2001 Page 2 of 7 Pages 1. Brenda McDonald Dickerson, 604 West Street, regarding City's responsibility for the euthanization of her dog and falsification of documents, incorrect information, and refusal of presenting requested information Dickerson distributed and explained information regarding the incident. 2. Jerry Anderson, 103 Broad Vista Court, regarding use of hotel occupancy tax for advertising tourism. Anderson told Council he owns and operates a hotel in town and has experienced a drastic drop in rooms sold and income generated. He said he feels that hotel occupancy tax dollars need to be spent for advertising tourism. He noted that several businesses have closed due to lack of advertising. He noted that he has applied for a position on the Convention and Visitors Board. 3, Della Green, 1901 Vine Street, regarding the City Council's public relations. Green told Council she objects to the way she feels speakers have been treated by the Mayor and Council. Ronald Swain, 103 Diamond Trail, read a letter he provided to Council regarding the Council's decision to allow the Planning and Zoning Commission to handle the County's request to rezone the parcel adjacent to the Williamson County Jail. J Action from Executive Session items from Monday, October 9 and/or Tuesday, October 10, 2001 There was no action from Executive Session. K Consideration of approval of the Meeting Minutes of the Special City Council Meetings of September 5 and September 6, 2001; the City Council Workshops and Executive Sessions of Monday, August 13, Monday, September 10, and Monday, September 24, 2001; and the Workshops and Regular City Council Meetings of Tuesday, September 11, and Tuesday, September 25, 2001 -- Sandra Lee and Shirley Rinn Navarrette noted that the minutes should reflect that he was absent on September 24, 2001. Smith asked that the minutes of August 13, 2001, Item H, be corrected to show that the Georgetown Independent School District would have to pick up the full cost of the DARE Program in the year 2002-2003, instead of 2001-2002, as incorrectly stated in the minutes. L Consideration of an award of annual bid to Cannon Technoclogies and Itron for Groups 160 and 170 of the Annual Electric System Materials bid -- Michael Mayben and Jim Briggs M Consideration and possible action to authorize the approval of the annual hardware repair services for the Cannon System between the City of Georgetown and Cannon Technologies -- Michael Mayben and Jim Briggs Pfiester asked and Mayben clarified the purpose for Items M, R, and T. N Consideration of an award of bid to Alamar dba AAMCO Transmissions for Automotive Transmission Repair in the estimated annual amount of $21,035.00 -- Terry Jones and Micki Rundell O Consideration of an award of bid to Commercial Body Corporation for a 2002 Diesel Cab and Chassis with 37 foot Aerial Device to Commercial Body Corporation in the amount of $77,050.00 --Terry Jones and Micki Rundell Noble questioned and Marsha Iwers, Micki Rundell and Mike Mayben responded regarding the reason for going to the same vendor for both trucks. P Consideration of an award of annual bid for water meters and accessory kits to U. S. Filter in the estimated amount of $66,197.60 --Terry Jones and Micki Rundell Noble questioned and Briggs confirmed that bids were received from only one vendor. Q Consideration and possible action to approve the establishment of Incode as the City of Georgetown's City Council Meeting Minutes/October 9, 2001 Page 3 of 7 Pages Georgetown and Electsolve to provide AMR System Database Services in the amount of $42,000 -- Mike Mayben and Jim Briggs Pfiester asked and Mayben clarified the purpose for Items M, R, and T. S Consideration and possible action to approve payment to KPK Ventures, Ltd. for conversion of overhead electric feeders to underground electric feeders in the Berry Creek Reserve Subdivision (Section 1 - Phases 1 & 2, Section 1-C; and Section 1-D) -- Mike Mayben and Jim Briggs T Consideration and possible action to approve the agreement with Itron Incorporated for the annual license renewal, system support, software activation and hardware repair for the AMR Genesis and MVRS systems -- Mike Mayben and Jim Briggs Pfiester asked and Mayben clarified the purpose for Items M, R, and T. U Considation and possible action to approve a Resolution nominating Ercel Brashear to the Board of Directors for the Williamson County Apraisal Distict -- MaryEllen Kersch V Consideration and possible action directing staff to initiate Century Plan Amendment Process to adopt Future Land Use Map and Quality Growth Management Policies -- Amelia Sondgeroth Motion by Pfiester, second by Smith to approve the Consent Agenda with the spoken corrections to the minutes. Approved 6-0. (Burson absent) Legislative Regular Agenda W Consideration and possible action on amending the Articles of incorporation and Corporate Bylaws for the 413 Corporation to reflect the 1/2 cent sales tax and its dedication to transportation system improvements -- Micki Rundell Rundell and Carls distributed revised Amended and Restated Bylaws of the Georgetown Transportation Enhancement Corporation. Motion by Noble, second by Evans to approve the Amended Bylaws *and Articles of Incorporation. Approved 6-0. (*as clarified at the Council Meeting on November 12, 2002) X Update and discussion regarding Council priorities for the City of Georgetown Website Redesign --Shelly Cameron, Tom Yantis and George Russell Yantis said that he will request proposals and explained that because no money was budgeted to redesign the website, he will ask for contributions from various city divisions to pay for the redesign. Evans asked for a stronger emphasis on promotion of the assets of Georgetown. Yantis said they will concentrate on the Convention and Visitors Bureau and Economic Development sections of the website. Y Consideration and possible action regarding request from the Georgetown Palace Theatre, Inc. to provide $75,000.00 from the Hotel/Motel Occupancy Tax Monies -- Jack Noble This item was deferred to the next Council Meeting. Z Consideration and possible action on pursuing a train venture in San Gabriel Park -- Sam Pfiester Pfiester indicated that he is not in favor of the train venture due to the lack of success of the current private enterprise in the park and the safety issue of the train tracks crossing the hike and bike trail. Morrow delivered a report for Chair John Philpott of the Parks and Recreation Board. He said that because the lawsuit has not been settled regarding the batting cages, the Board is hesitant to take action on this item. Ken Knowles, train promoter, noted that safety is controlled by state legislation, and the location could be adjusted regarding the relationship to the hike and bike trail. He said he would provide the train at no cost to the City, and suggested it would be an excellent drawing card for the Park. He said this would be his first venture of this kind. Robert Seamans, 104 Southcross Road, said he thinks the City's track record for private enterprise in the park is "pretty bad." He said he feels the liability is too high. City Council Meeting Minutes/October 9, 2001 Page 4 of 7 Pages venture of this kind. Robert Seamans, 104 Southcross Road, said he thinks the City's track record for private enterprise in the park is "pretty bad." He said he feels the liability is too high. Motion by Pfiester, second by Evans that the City not accept the train venture in the San Gabriel Park. Noble said if it were to go forward, it should go through a bidding process, and there should be a bonding procedure to protect the City. There were mostly negative comments from Council. Knowles commented that he would gladly participate in a bidding procedure and also would comply with all insurance and bonding requirements. Navarrette said he would like to see the issue pursued further. Lyda said Council needs to give direction to the Parks Board on a policy regarding private enterprise in the City Park. Pfiester and Evans agreed to revise the motion to say "the City will not pursue the train venture in the San Gabriel Park." There was discussion regarding the possible amount of revenue that could be generated. Motion by Lyda, second by Pfiester to amend the motion to inform the Parks Board that the Council does not want to pursue any private enterprise ventures on public parkland until Council has approved a policy. Vote on amendment: Approved 4-2. (Navarrette and Smith opposed) Vote on original motion: Approved 5-1 (Navarrette opposed) 8:07 p.m. -- recess 8:24 p.m. -- resumed Open Session AA Second Readings 1. Second reading of an ordinance amending Section 12.20.030 of the Code of Ordinances entitled "Rental rates, deposits, and fees" relating to the various fees for renting the Community Center and Park Areas -- Kimberly Garrett, Randy Morrow, and George Russell Garrett read only the caption of the ordinance on second reading. Motion by Evans, second by Smith to approve all three ordinances. Ordinance No. 2001-63 approved 4-1. (Navarrette opposed, Lyda absent from the dais) 2.. Second reading of an ordinance amending wastewater rates in Section 13.04.140 entitled "rates and charges -- sewers -- schedule" of the Code of Ordinances to reflect the cost of providing service -- Kathy Ragsdale, Micki Rundell, and George Russell Rundell read only the caption of the ordinance on second reading. Motion by Evans, second by Smith to approve all three ordinances. Ordinance No. 2001-64 approved 4-1. (Navarrette opposed, Lyda absent from the dais) 3. Second reading of an ordinance amending water rates in Section 13.04.120 entitled "rates and charges -- water -- schedule" of the Code of Ordinances to reflect the cost of providing service -- Kathy Ragsdale, Micki Rundell, and George Russell Rundell read only the caption of the ordinance on second reading. Motion by Evans, second by Smith to approve all three ordinances. Ordinance No. 2001-65 approved 4-1. (Navarrette opposed, Lyda absent from the dais) BB Consideration and possible action to approve the amendment to the contract, between Operations Management International, Inc. (OMI) and the City of Georgetown, in the amount of $1,618,007.00 -- Don Ward, Jim Briggs and George Russell Briggs read the corrected amount of the GPI on Appendix G, noting that the contract amount would be lowered by approximately $10,000. Motion by Pfiester, second by Evans to approve the amendment to the contract. Approved 4-0. (Noble abstained, Lyda absent from the dais) CC Consideration and possible action regarding a System Water Availability Agreement for water from the Colorado River Basin between Brazos River Authority and the City of Georgetown -- Jim Briggs Briggs explained that these items allow the City to acquire additional water from the Brazos River Authority. Motion by Evans, second by Pfiester to approve Items CC, DD, and EE subject to approval by the City City Council Meeting Minutes/October 9, 2001 Page 5 of 7 Pages Attorney. Approved 5-0. DD Consideration and possible action regarding a System Water Availability Agreement for water from Lake Georgetown between Brazos River Authority and the City of Georgetown -- Jim Briggs Briggs explained that these items allow the City to acquire additional water from the Brazos River Authority. Motion by Evans, second by Pfiester to approve Items CC, DD, and EE subject to approval by the City Attorney. Approved 5-0. EE Consideration and possible action regarding a System Water Availability Agreementor for water from Lake Stillhouse Hollow between the Brazos River Authority and the City of Georgetown -- Jim Briggs Briggs explained that these items allow the City to acquire additional water from the Brazos River Authority. Motion by Evans, second by Pfiester to approve Items CC, DD, and EE subject to approval by the City Attorney. Approved 5-0, FF Discussion and possible action regarding Cimarron Hills Development Agreement Amendment No. 1 regarding temporary permits for Parade of Homes -- Jim Briggs and George Russell This item was pulled by the applicant. Briggs stated that the TNRCC permit has been acquired, but he said he made clear to the developer that they are not cleared to go forward with construction without Council approval. GG Consideration and possible action to authorize the City Manager to execute a lease by and between the City of Georgetown and Design & Assembly Concepts, Inc. for Building 4, consisting of approximately 4,080 square feet, located at 402 W. 7th Street -- George Russell Russell noted that this lease is in one of the buildings that originally was leased to Tessco. Motion by Pfiester, second by Smith to approve the lease. Approved 6-0. HH Consideration and possible action regarding details of hiring a public information officer for the City of Georgetown -- MaryEllen Kersch Kersch asked that "assisting the Council" be added to the job description and that the position should report to the City Manager, as well as report but not interpret Council policy. Smith expressed concern about the question of a reliable source of on-going funding. There was discussion regarding proposed salary. Lyda asked that Councilmembers be involved in the interview process. Evans, Noble, Smith and Kersch volunteered. Russell estimated that the timeframe for hiring would be at least 60 days. Noble suggested that the staff and City Manager develop a short list to be presented to the Council for final selection. Motion by Lyda, second by Evans to approve the job description with the addition of providing assistance to the Council. Approved 4-2. (Navarrette and Noble opposed) II Consideration and possible action regarding appointing a replacement member to the Charter Review Committee -- Lee Bain and MaryEllen Kersch Kersch said the Committee is moving forward and recommends that another member not be appointed in order not to have to educate a new person on the information already discussed by the Committee. Motion by Lyda, second by Smith to approve keeping the membership of the Committee at nine members. Approved 5-1. (Navarrette opposed) JJ Consideration and possible action regarding contracting with Matthew and Company to prepare an informational video regarding the November 6 Bond Election -- MaryEllen Kersch Russell noted that anything to be put out about the bond election is being submitted to bond counsel Carol Polumbo for approval before dessiminated to the public. Carls said Polumbo has indicated she would be available to review a script or text or whatever media the Council would choose. There was discussion. Motion by Lyda to allocate $3,000 toward this project that Matthew and Company produce a bi-lingual video, reviewed by Carol Polumbo, to be complete and available to be placed on cable and on the website by one week from today, Wednesday, October 17. Approved 5-1. (Smith opposed) City Council Meeting Minutes/October 9, 2001 Page 6 of 7 Pages VVII 9:17 p.m -- adjourned The meeting was adjourned at 09:17 PM. i aryE[Ien Kersch City Council Meeting Minutes/October 9, 2001 Page 7 of 7 Pages Attest: Secretary Sandra