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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: