HomeMy WebLinkAboutMIN 08.14.2001 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:
Llorente Navarrette, Clark Lyda, Doug All Council present
Smith, Jack Noble, Sam Pfiester, Charles
°Hoss° Burson, Ken Evans
Staff Present:
George Russell, City Manager; Cathy Riedel, Acting City Attorney; Sandra Lee, City
Secretary; Micki Rundell, Director of Finance and Administration; Jim Briggs, Assistant
City Manager/Director of Community -Owned Utilities; Tom Yantis, Assistant City
Manager/Director of Information Resources; Amelia Sondgeroth, Director of
Development Services; Mark Miller, Superintendent of Streets; Mike Stasny, Utility
System Information Manager; Don Ward, Engineering Systems Manager; Mark Miller,
Street Superintendent; Ed Polasek, Chief Long -Range Planner; Dave Hall, Building
Official; Karen Frost, Administrative Assistant to Development Services; Verna
Browning, Director of Community Services
Called to order at 4:03 p.m.
A Regional Stormwater Study -- Jim Briggs
Briggs told Council that this study has evolved over a number of years and spoke to Council about a
Watershed Master Plan. He said there needs to be a Regional Stormwater Management and Retention
Plan and Fee Structure. He suggested that the City needs to publicize this information in order to notify
homeowners within the effected area so they can purchase flood insurance.
Briggs introduced
Raymond Chan
and
Dean Thomas of Raymond Chan and Associates who spoke to
Council regarding
draft estimated
fees
and on-site detention.
B Assumptions of Growth for Georgetown -- Amelia Sondgeroth and Jim Birggs
Sondgeroth gave Council a brief overview of growth issues. Using data collected from the Census Bureau,
she demonstrated slides of graphs showing rates of population growth in Georgetown and Williamson
County and indication that the gross acres are higher on the west side of the interstate but the population
figures are higher on the east side of the interstate. Kersch asked and Briggs responded regarding the
difference in construction costs and capability to construct between the east and west, saying the growth is
pretty even, considering the different soils, availability of water, and proximity to the Edwards Aquifer.
Kersch asked Briggs to bring back maps showing a plan for orderly growth.
City Council Meeting Minutes/August 14, 2001
Page 1 of 8 Pages
5:30 p.m. -- recessed to Executive Session
Regular •: to convene Executive Session,
SessionExecutive
C Sec.551.071 consultation with attorney
- Pending Litigation
- Contemplated Litigation
- Legal/Risk Management Issues
- Duty to advise regarding agenda items
D Sec.551.086 deliberation regarding economic development
- Discussion of Economic Development Prospects
E Sec.551.074 personnel matters
- Performance Review of Council -appointed employees
- Discussion of delivery of legal services
F Sec.551.072 deliberation on real property
- Acquisition of parkland property
- Lease of city -owned property
Regular Sessio
-• • • •- • •
G Comments from the dais regarding the following items:
1.
Opening Comments and Welcome to Audience
2.
Mayor's Comments
- Announcement of vacancies: (one alternate for Board of Adjustment, one regular on Building Standards,
one regular and one alternate on HPC, one resident of Stonehaven for the Housing Authority, one regular for
Parks & Rec, nine for Youth Advisory Board)
- Ten O'Clock Rule
3.
List of Topics from Executive Session
4.
Reports from Councilmembers regarding committee assignments
- Capital Area Planning Council
- Williamson -Burnet County Opportunities
- Williamson County Council on Domestic Violence
H Reports
from Boards and Commissions
- Economic Development Commission
Chair Scott LaGrone read the report provided to Council on the dais. He spoke of
gathering data and speaking to organizations in the City regarding the purpose/plan of the
Commission. He asked Council for direction as to the EDC's role.
- Building Standards
Robert Jacobson, Vice Chair, told Council of the recent activities of the Building
Standards Commission.
- Convention and Visitors Bureau
Rusty Winkstern, Chair, gave Council an accounting of the preliminary budget for CVB.
He spoke of the possibility of publishing a booklet about Georgetown to be provided at
local motels and businesses.
- List of Boards to report at future meetings:
August 28 - 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
Announcements from City Manager
- Williams Drive Pool Issue
Russell reviewed Council's directive at the August 13 Meeting, saying the pool
would be put up for sale, but would remain open for business while the new pool is under
construction adjacent to the Recreation Center.
Kersch noted that the Council had been talking for a number of years about the
need to do something about the Wiliams Drive Pool. She said the concern had been that
City Council Meeting Minutes/August 14, 2001
Page 2 of 8 Pages
the City did not have clear title to -the pool, so the delay occurred due to that.
- Statement Billings
Russell asked Accounting Director Kathy Ragsdale to explain the formatting of the new
utility bills. Ragsdale said the new bills will go into effect next month. She provided
samples for the Council.
- Open Records Requests
Russell read a list of the requests since the last Council Meeting.
- Late -Breaking Headlines
There were none.
K Action from Executive Session items from Monday, August 13 and/or Tuesday, August 14, 2001
Motion by Evans, second by Smith to authorize the City Manager to execute contracts on behalf of the City
of Georgetown to purchase approximately 18.78 acres of real property for parkland purposes from Maura K.
Phelan. Approved 6-0. (Lyda abstained)
Motion by Evans, second by Burson to authorize payment to Terry Morgan not to exceed $20,000.
Approved 7-0.
L Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff,
if appropriate
Ronald Swain, 103 Diamond Trail, regarding the Williamson County Courhouse Jail.
Swain read to the Council a letter to the Williamson County Commissioners about the position of
the TRG Association regarding the jail expansion. He asked Council to take action on the issue.
Joseph B. Hossley, 131 Canyon Road, regarding Emergency Ordinance adopted July 30, 2001.
Hossley was not present.
Keith Peshak, 800 Oak Crest Lane, regarding Georgetown Airport not really public use.
Peshak read
a portion
of his airport lease regarding
insurance
and
read various other documents
regarding the
status of
insurance certficates on the
hangars at
the
Airport.
Amy Vick, 1602 E. 17th Street, regarding city budget issues.
Vick distributed information to the Council. She said she is glad the Williams Drive Pool
will be kept open. She noted that the majority of the expense of the pool is for utilities.
She asked for an organized process with citizen input for the decision to do a new pool.
She said she is concerned about the increased debt that would occur in order to build a
new pool.
Peggy Cloud, 119 Poppy Hills Cove So., regarding Georgetown Information and Volunteer
Exchange (GIVE)
She spoke to Council regarding the GIVE request for funds from the City. She directed
Council's attention to the provided information about the activities of the GIVE
Organization.
Public Hearing
7:19 p.m. -- opened the public hearing
M Public Hearing to amend the Zoning Ordinance to establish the Downtown Overlay District and amend
the Zoning Map to include the location of this district and to establish authority and use of the Design
Guidelines for the development and alterations to structures within the Downtown Overlay District
Hanson recognized the members of the Downtown Business District and explained the purpose of the
organization. She noted that consultants from four firms were hired to assist the Committee in creating the
City Council Meeting Minutes/August 14, 2001
Page 3 of 8 Pages
Design Guidelines. She introduced Ron Emeritch who gave Council an overview of the Guidelines.
7:48 p.m. -- closed the public hearing
X-2 First reading of an Overlay Ordinance and Design Guidelines for the Downtown Business District --
Renee L. Hanson, Amelia Sondgeroth and George Russell
Hanson read only the caption of the ordinance after having satisfied the requirements of the City Charter.
Noble asked and Sondgeroth responded that the Planning and Zoning Commission had passed the
ordinance with specific changes. Sondgeroth noted that the fee requirements would be brought back to
Council for adoption.
Motion by Evans, second by Smith to adopt the ordinance on first reading as amended by the Winter
memorandum and the recommendations from the Planning and Zoning Commission.
Navarrette asked and Hanson responded that the concerns of the African-American neighborhood were
addressed. He discussed with Hanson the concerns of the people who provided objections to the
guidelines. Hanson noted that with the passage of this ordinance, the Historic Preservation Commission
becomes the Historic Architectural Review Commission. She explained that they will receive mandatory
training and they will hear all applications for changes, with appeals going to District Court. Navarrette
expressed his disagreement with the regulatory structure being established. He said he feels the Council
should have an opportunity to review the HARC's decisions rather than sending that action to Court.
Approved 6-'l. (Navarrette opposed)
8:10 p.m. -- recessed
8:22 p.m. -- returned to Open Session
s s �.- •. It
N Consideration of approval of the Meeting Minutes of the Special City Council Workshop and Executive
Session of Monday, July 23; Workshop and Regular City Council Meeting of Tuesday, July 24; Special
Meeting of July 30; and Public Hearing on the Proposed Redistricting Plan on Wednesday, August 1, 2001
-- Sandra Lee
Kersch asked for a correction to Item R of the July 24, 2001 Minutes.
O Consideration and possible action on award of bid for a 2002 diesel cab and chassis with 37 ft. aerial
device, to Commercial Body Corporation -- Michael W. Mayben and Jim Briggs
P Consideration of a Resolution declaring a public necessity for the acquisition by condemnation of a
0.709 -acre public utility easement in the David Wright Survey, A-13, located at the northeast corner of
Williams Drive and La Paloma Drive, for the purpose of installing and maintaining a wastewater line --
Cathy Riedel
Q Consideration and possible action to approve a Professional Services Agreement between the City of
Georgetown and Infrared Technology Services to provide Infrared Thermographic Services -- Mike Mayben,
Jim Briggs and George Russell
R Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed
abandoning a ten (10) foot Public Utility Easement (PUE), located on the common lot line between Lot 3
and Lot 4 of Clearview Estates II, Block B, located at 511 and 513 Clearview Drive -- Jim Babcock, Amelia
Sondgeroth and George Russell
Motion by Lyda, second by Evans to approve the Consent Agenda with the correction to the minutes Approved
7-0.
S Consideration and possible action relating to negotiations with Brown and Carls for the provision of legal
services to the City -- MaryEllen Kersch
City Council Meeting Minutes/August 14, 2001
Page 4 of 8 Pages
Trish Carls of Brown and Carls asked Council to clarify the term "gatekeeper" and what they saw as the
scope of the contract. She said in the contract she described what she thought was the "status quo" at the
City prior to the contract and the attachment explains the scope. She noted that she had received
questions from staff. She noted the exclusions on page 8. She asked to make clear that Brown and Carls
would not replace the current outside counsel. She said she would be glad to provide those services, but
they are not currently a part of the contract, and she would bid individually on those services on an hourly
basis, if the Council so desired. There was discussion. Lyda questioned the payment cap for the second
year and the 90 -day "out." Carls acknowledged that there should be a mutual termination agreement to
protect both parties. Regarding the renewal, she said she thought the cap should be discussed from year
to year because she doesn't know what the legal requirements for a year will be.
Carls proposed a six-month "gatekeeper" arrangement, with the Council deciding on the job description for
the "gatekeeper." She agreed to proceed under the Letter Agreement. Kersch suggested that Cathy Riedel
remain as the Interim City Attorney who would contact outside counsel for assistance.
Lyda said Kersch's suggestion continues the status quo which he said wasn't sufficient. He said Brown and
Carls should be designated as City Attorney so they can begin assessing the City's exposure and risk
levels. He said Riedel would report to Brown and Carls but remain on City payroll.
Carls suggested that her firm would provide a risk assessment and asked for a clearly defined role of
"gatekeeper." There was much discussion. Carls reviewed her interpretation that she would be designated
as City Attorney, current Assistant City Attorney would remain as the Assistant City Attorney through the
City Manager or his designee. Council agreed and suggested that the job description for the City Attorney
be followed.
Riedel clarified that until the contract is signed she is to remain as the Interim City Attorney.
Motion by Noble, second by Evans that the City Manager bring back a contract for the Council to approve
at the next meeting. Approved 7-0.
T Leases and Agreements
1. Consideration and possible action regarding a Lease Agreement with Georgetown Hangar
Condominium Association, Inc. -- Travis MGLain, Verna Rrnveminn Cathy Riedel and George
Russell
Riedel asked that this item be deferred.
Keith
Peshak, 800 Oak
Crest Lane, said
this is a very discriminating city. He reviewed his opinion
of the
procedures used
for the leases at
the
airport.
Motion by Lyda, second by Burson to defer this item. Approved 6-0. (Navarrette absent from
the dais)
2. Consideration and possible action to authorize the City Manager to execute a lease by and
between the City of Georgetown and Sabio Engineering, Inc. Building 1, consisting of
approximately 7,070 square feet, located at 321 W. 8th Street, Georgetown -- George Russell
Russell asked that this item be deferred.
Motion by Lyda, second by Evans to defer this item to a future agenda. Approved 6-0.
Navarrette absent from the dais)
3. Consideration of approval of the Seventh Amendment to the Development Agreement with Del
Webb Texas Limited Partnership, concerning additional non -potable water capacity for Sun City
Georgetown -- Jim Briggs, Cathy Riedel, and George Russell
Motion by Noble, second by Pfiester to hold a workshop on this item at a future meeting.
Approved 6-0. (Navarrette absent from the dais)
U Council consideration and possible action to declare a certain portion of the City's contract water supply
as surplus and authorize the Brazos River Authority (BRA) to contract the sale of same at a stipulated price
-- Jim Briggs and George Russell
City Council Meeting Minutes/August 14, 2001
Page 5 of 8 Pages
Briggs explained that Chisholm Trail Special Utility District (CTSUD) has contracted to sell water to the
Cimarron Hills Development. He said because the Stillhouse Hollow waterline is not complete, they need to
find water from another source. He noted that this would be similar to the City of Georgetown's
arrangements with City of Round Rock. He said because the City of Georgetown is under contract with
BRA, it is necessary to seek permission from them to sell the water to CTSUD. He said the City's current
rate from BRA is 56 cents per thousand gallons. He said CTSUD is planning to sell the same water to
Cimarron Hills at $1.06 per thousand gallons. He asked Council to determine the price for which
Georgetown would sell the water to CTSUD. Briggs said he would not be able to defend $1.06 if called by
TNRCC to defend, although he said he has been told that CTSUD has said they can defend that rate. He
agreed that the risk to the City would be small if Georgetown did charge $1.06.
Motion by Navarrette, second by Noble to declare a certain portion of the City's contract water supply as
surplus and authorize the Brazos River Authority to conract the sale of same at $1.06 per thousand gallons.
Approved 7-0.
V Council -appointed Boards and Commissions
1. Consideration and possible action regarding a policy for reporting, calculating, and confirming
absences for Council -appointed boards, commissions, and committees -- MaryEllen Kersch
Kersch said this was handled at the workshop on August 13.
2. Consideration and possible action to develop a charge and authorize a commission to revise the
City of Georgetown Charter -- MaryEllen Kersch
Kersch reviewed specific requirements of the Committee, the resource materials to be provided,
and the needed timeframe to put this on a Special Eleciton in May. She confirmed with Russell
that there is a budget of $5,000 set aside in the Council Contingency Fund and noted that City
Secretary Sandra Lee would provide administrative assistance to the Committee.
Motion by Lyda, second by Evans to authorize a Charter Revision Commission to be provided
reference materials specified in the agenda item cover sheet along with a TML manual and to
approve the timeline of mid October for the scope to be completed, the end of November to
develop the issues, and the end of January for the recommendations to the Council.
Navarrette said he is against spending time on this project.
Approved 6-1. (Navarrette opposed)
3. Consideration and possible action to appoint Lee Bain as Chair and Carolyn Liverman, Judy
Shepherd, Renee Hanson, Carl Doering, Bill Shanhouse, Ron Lehrer, Rosanne Cantu, Mary
Walker Chyle, Bill Jones to the Charter Revision Commission -- MaryEllen Kersch
Kersch explained the proposed composition of the Commission. Motion by Pfiester, second by
Evans to approve the appointments. Approved 6-1. (Navarrette opposed)
W Second Reading of an ordinance amending Chapter 10.16 of the Code of Ordinances to establish limited
no parking zones on Vine, Laurel, Olive, and Maple Streets between University Avenue and East 13th
Street -- David Morgan and George Russell
Corporal Cory Tschida read only the caption of the ordinance on second reading. Motion by Evans,
second by Burson to approve Ordinance No. 2001-46. Approved 7-0.
X First Readings
1. 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 satisfied the Charter
requirements. He announced and read one change that had been made since the copy was
provided to the City Secretary. He noted: Section 1 under Insurance: $250,000 per person, per
accident B. $500,000 per accident. Motion by Evans, second by Noble to approve the ordinance
City Council Meeting Minutes/August 14, 2001
Page 6 of 8 Pages
on first reading. Approved 7-0.
2. First reading of an Overlay Ordinance and Design Guidelines for the Downtown Business
District -- Renee L. Hanson, Amelia Sondgeroth and George Russell
This item was handled previously in this agenda following the Public Hearing.
Y Consideration of a resolution appointing
a new
member to
the Georgetown Village Public Improvement
District #1 Advisory Board (the "PID") --
Cathy
Riedel and
George Russell
Riedel explained the resolution. Motion by Evans, second by Smith to approve the appointment of
Katherine Dean. Approved 7-0.
Z Consideration of a resolution setting a date, time, and place for a public hearing on the levy of
assessments within the Shelf Ranch Public Improvement District ("District") -- Cathy Riedel and George
Russell
Riedel explained the resolution. Motion by Lyda, second by Noble to call the public hearing on August 28,
2001, at 6:00 p.m. in the City Council Chambers (in conjunction with the Council Meeting on that date.)
Approved 7-0.
AA Discussion and possible action regarding scheduling a time for public discussion of the recent Council
action to adopt an interim subdivision regulations ordinance -- Jack Noble
Kersch suggested that outside counsel,Terry Morgan, be present for the public meeting. Smith noted that
the Chamber has already scheduled a public forum. Evans said he thinks it is the Council's responsibility to
hold the public meeting. Council generally agreed that the public meeting needs to be held as soon as
possible.
Motion by Noble,
second by Lyda to
instruct the City Manager to have
Terry Morgan come do a
presentation
to attend a
for a
public
regarding
meeting on
Tuesday,
August 21 or Thursday,
action
August 23. Approved 7-0.
BB Consideration of response
to the
invitation
from the Chamber of
Commerce
to attend a
Public
Forum
regarding
Council's
recent
of
action
the
to adopt
agreed
policy.
an interim
subdivision
they would
attend
with
regulations
Pfiester.
ordinance
-- Jack
Noble
Noble
relayed to Council that he and
Lyda had met with the Chamber and said
that they would agree to
attend
not,
a
Public
Forum. A majority
of
must
the
Council
agreed
policy.
that
Evans said
they would
attend
with
also.
Julia Allen, President of the Chamber of Commerce, told Council the purpose of the meeting was to allow
the Council the ability to articulate their reason for the emergency decision to amend the Subdivision
Regulationss and to answer questions from the pubic and the Chamber members.
CC Consideration and possible action to adopt Council policy regarding public and media relations -- Clark
Lyda
Lyda read from the previous Governance Policy adopted in February of 1994 concerning media relations.
He said that since the Council had repudiated the Governance Policies last year, he thought a new policy
should be adopted, and he read the language as was stated on the agenda item cover sheet.
Smith noted that he disagrees with the "intent" of the wording of the proposed policy. He said, in the
interest of free speech, he feels that staff should be able to speak about Council policy whether they
support it or not. He said he would vote against the proposed policy. Noble said he agrees with Smith.
Pfiester
said
since
it pertains
to policy matters, staff should
not,
in their official capacity, express their
opinion,
they
must
recite
the
policy.
Evans said
he agrees
with
Pfiester.
Navarrette said he agrees with Smith. He said he thinks this policy goes too far.
Motion by Lyda, second by Pfiester to adopt the policy as written in the agenda item cover sheet (printed
below) with the addition of the following sentence at the end of the second paragraph, being:. nothing in this
policy is to be construed as limitation on City employees' free speech rights in their individual capacities.
Approved 4-3 (Smith, Navarrette, and Noble opposed)
City Council Meeting Minutes/August 14, 2001
Page 7 of 8 Pages
ND
Policy as written in the cover sheet:
The Council, composed of seven Councilmembers and the Mayor, speaks only through resolutions,
ordinances, and directives to staff adopted during Council meetings. Individual Councilmembers and the
Mayor speak only for
themselves when communicating to the public or the media unless conveying verbatim a duly adopted
resolution, ordinance, or directive to staff.
The City Manager is the authorized spokesperson of the City on administrative matters. The City Manager
may delegate this responsibility to Division Directors on a case by case basis at the City Manager's
discretion. Neither the City
Manager, nor any other city employee while acting in their official capacity, is authorized to comment on
policy matters.
Update on contract for consulting services for records management for the City of Georgetown -- Sandra
Lee
Lee told Council that the consultant will begin work soon.
proved :
10:15 p.m. -- motion to adjourn
The meeting was adjourned at 10:30 PM.
ayor MaryEllen Kersch
City Council Meeting Minutes/August 14, 2001
Page 8 of 8 Pages
Attest: