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HomeMy WebLinkAboutMIN 07.24.2001 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor MaryEllen Kersch presiding. Council resent: Llorente Navarrette, Clark Lyda, Doug 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 Mayben, Energey Services Manager; Mike Stasny, Utility System Information Manager; David Munk, Development Engineer; Carla Benton, Development Planner; Melissa Murphy, Development Planner;Terry Jones, Purchasing Director A Utilities issues -- Jim Briggs Briggs spoke to Council regarding stormwater drainage; energy issues such as deregulation and cost of service; water issues such as supply and treatment, rates and conservation, and reuse irrigation; wastewater issues such as treatment capacity and regionalization, collection systems, environmental regulations, rates and cost of service. B Discussion Regarding Assumptions of Growth -- Jim Briggs and Amelia Sondgeroth This item was deferred to a future meeting. Regular Session to convene Executive Session, if necessary c Executive Session C Sec.551.071 consultation with attorney - Pending Litigation - City and George Russell, in his official capacity as Acting City Manager and as Office for Public Information v. John W. Cornyn, Attorney General of Texas; Cause No. GV -001865 (353rd District Court of Travis County) - Dome[ v. City, Cause No. 94-020-C368 (368th District Court, Williamson County) City Council Meeting Minutes/July 24, 2001 Page 1 of 7 Pages - 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) - Potential Litigation - Code Enforcement Actions - Legal/Risk Management Issues - Legal Advice concerning 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 property Regular Session Called to order at 7:45 p.m. G Comments from the dais regarding the following items: 1. Opening Comments and Welcome to Audience 2. Mayor's Comments - Announcement of vacancies: (Chair for Airport Advisory Board, one alternate for Board of Adjustment, one on Building Standards, one on CVB, one regular and one alternate on HPC, one resident of Stonehaven for the Housing Authority, one for Main Street, one for Parks & Rec, nine for Youth Advisory Board) - Ten O'Clock Rule 3. List of Topics from Executive Session Riedel read a list of topics discussed by the Council. 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 - Main Street Advisory Board Chair Patty Eason gave Council a brief overview of the recent activities of the Main Street Board. - Board of Adjustment Chair Joe Pondrom described the recent activities of the Board and expressed regret at the retirement of staff liaison, Janis Russell, whom he said has been of great assistance to the Board. - List of Boards to report at future meetings: August 14 - Economic Development Commission, Building Standards and Convention and Visitors Bureau;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 - Voluntary Water Conservation Russell explained the voluntary watering plan. - Open Records Requests Russell listed the requests since the last Council Meeting. - Late -Breaking Headlines Russell announced that BRA will be available to meet with the Council any time after August 17. Council requested to meet the week of August 21. J Action from Executive Session items from Monday, July 23 and/or Tuesday, July 24, 2001 There was no action from Executive Session. K Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, City Council Meeting Minutes/July 24, 2001 Page 2 of 7 Pages if appropriate Delia Green, 1901 Vine Street, regarding redistricting. Green said she is concerned about the proposed plan and suggested a pian she feels would be more equitable. Ronald Swain, 103 Diamond Trail, regarding redistricting. Swain said he is concerned that the African-American community will be split in the proposed plan. Navarrette explained the difficult task attempted to be accomplished by the Redistricting Committee, saying there was no intent to split the minority communities. Kersch announced to the • • ` s audience that Item U would not be handled on this agenda and Item X-2 on the Regular Agenda would would be moved to the out beginning compliance of the city the Century Regular Plan." Agenda. L Consideration of approval of the Meeting Minutes of the Special City Council Meeting on Friday, July 6, 2001; the Workshop and Executive Session of Monday, July 9; and the Workshop and Regular City Council Meeting of Tuesday, July 10, 2001 -- Sandra Lee Navarrette suggested in the Minutes of July 10, at page 5, Item W, 3rd paragraph insert "without a 5-0 vote we (the City) would be out of compliance with the city the Century and Plan." M Consideration of an award of contract to Davis, Kinard & Company, P.C. of Abilene, a certified public accounting firm, to perform the independent audit of City accounts for the fiscal year ended September 30, 2001 with annual renewal for up to four subsequent years -- Micki Rundell and George Russell N Council consideration and possible action to approve a Professional Services Agreement between the City of Georgetown and Datapult LP to provide AMR System Database Maintenance Services in the amount of $78,000 -- Michael W. Mayben, Jim Briggs, and George Russell Q Consideration of a Public Review Final Plat of 50.38 acres in the Joseph Fish Survey, to be known as a Planned Unit Development of Georgetown Village, Section Seven, located along Shell Road -- Carla Benton, Amelia Sondgeroth and George Russell (pulled by Noble) P Consideration of a Public Review Final Plat of 13.553 acres in the David Wright Survey, to be known as the Resubdivision of San Gabriel Estates, Lots 1, 2, 3, 23 & 24, located on Williams Drive and Booty's Crossing -- Carla Benton, Amelia Sondgeroth and George Russell Noble commented that the residents along Booty's Road have a problem with the 45 mph speed limit. Q Consideration of a resolution granting a petition for annexation into the City of 83.330 acres in the Joseph Fish Survey, located on the southwest side of Williams Drive, to be known as Woodiake Subdivision -- Ed Polasek, Amelia Sondgeroth and George Russell Motion by Burson, second by Evans to approve the Consent Agenda with the correction to the minutes and with Item Q pulled to the Regular Agenda. Approved 7-0. Legislative Regular Agenda R Consideration and possible action on a contract for legal services with the law firm of Brown and Carls, L.L.P.; consideration and approval of an interim agreement for services prior to approval of final contract; and consideration of declaring a designated City Attorney -- George Russell Trish Caris explained the provided documents to be approved by Council. There was a suggestion that the term "interim city attorney" be deleted. Della Green, 1901 Vine Street, asked for clarification of "a city attorney" in the City Charter, questioned the accessibility of the citizens to the city attorney, and complained that the city would have to pay for an City Council Meeting Minutes/July 24, 2001 Page 3 of 7 Pages attorney as well as a "gatekeeper." Kersch told Green that the Council is proceeding slowly and surely and within the law on this process. Motion by Smith, second by Lyda that the Council accept the letter agreement from Brown and Carls with the following modification: ,n +ho epening paFagFaph first enton * the words "as interim city attorney" should be deleted wherever found in the document* and "legal services" should be inserted. Approved 7-0. (*as corrected by Mayor Kersch at the August 14, 2001 Council Meeting) X-2 First 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 Morgan explained that this ordinance is the result of collaborative efforts between the Police Department and the neighborhood residents to solve some parking problems. Corporal Cory Tschida read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Tschida noted that students and faculty parking cars on both sides of University during the day makes it difficult for school buses to turn down University. Navarrette commended Tschida for his work with the neighborhood on resolving the parking issue. Kersch clarified that the ordinance was being brought forward in the interest of safety. Motion by Burson, second by Evans to approve the ordinance on first reading. Approved 7-0. O Consideration of a Public Review Final Plat of 50.38 acres in the Joseph Fish Survey, to be known as a Planned Unit Development of Georgetown Village, Section Seven, located along Shell Road -- Carla Benton, Amelia Sondgeroth and George Russell (pulled by Noble) Claudia Ibarra said her property backs up to this property and said she would like to have some screening of trees between the three detention ponds and her property. She said she is also concerned about the road passing through her property that would remove trees and the fact that she will still be paying property taxes on the easement. There was discussion regarding the appearance of the detention ponds. Noble expressed the desire for the Council to be able to review what is done. Mark Pustka said the detention pond is being placed in an area of natural drainage. He said they will save as many of the trees as possible. The engineer explained that two of the three ponds are water quality ponds required by TNRCC along with the detention pond and noted that the City would need to be able to access nearby water lines. Motion by Smith, second by Burson to approve the Final Plat. Approved 6-1. (Noble opposed) S-1 Discussion and possible action regarding the Red Poppy Festival for April 6th and 7th, 2002 -- Glenda Overfelt and MaryElien Kersch Overfelt told Council the Main Street Advisory Board is in full support of the Promotions Subcommittee taking on the responsibility of organizing and running the Red Poppy Festival. Kersch asked if a plan had been developed. Overfelt noted that the Promotions Subcommittee will meet tomorrow morning and will get started as soon as possible on a plan. Motion by Noble, second by Navarrette to have the Promotions Subcommittee put together a plan and submit it to the Council. Approved 7-0. Z Consideration of resolution to accept grant funds from the State of Texas Governor's Office for the position of Victim Services Coordinator -- David Morgan and George Russell Karen Gilbert told Council she volunteers for Victim Services and commended the coordinator. She asked Council to vote for the funding. Evans questioned the apparent redundancy between the City and the County. Kevin Stofle responded that each agency is mandated by the State to have an assigned coordinator for their agency. Navarrette asked Morgan why he had suggested cutting the Victim Services Coordinator as a cost-saving City Council Meeting Minutes/July 24, 2001 Page 4 of 7 Pages measure. He explained that he would not like to see this position cut, but felt it was a way to cut costs without cutting patrol officers. Motion by Smith, second by Navarrette to approve the resolution to accept the grant from the state for the position of Victim Services Coordinator. Approved 7-0. S-2 Consideration of approval of the bylaws for the Board of Adjustment -- Cathy Riedel Motion by Pfiester, second by Navarrette to approve the by-laws. Approved 7-0. S-3 Consideration of dates and times to interview applicants for the Youth Advisory Board -- MaryEllen Kersch Kersch suggested interviewing the applicants on Saturday, September 8. Navarrette and Pfiester volunteered to interview with Kersch. Moton by Noble, second by Evans to approve the interviewing of the applicants on Saturday, September 8. Approved 7-0. S-4 Consideration and possible action to appoint Penny Burt as the Chair of the Airport Advisory Board; Carolyn Martin to fill the vacancy on the Convention and Visitors Bureau Board, and Josh McClure to fill the vacancy on the Main Street Advisory Board -- MaryEllen Kersch Motion by Evans, second by Burson to approve the appointments as recommended by the Mayor. Approved 7-0. S-5 Consideration and possible action regarding a policy for reporting, calculating, and confirming absences for Council -appointed boards, commissions and committees -- MaryEllen Kersch Motion by Evans, second by Burson to ask that GISD and the County appoint alternates for their representatives to City boards and commissions; and to require the chairs of the various committees to audit, certify and sign -off on the absentee reports, including re -certifying the absentee report for the Economic Development Commission. Navarrette took exception to appointing optional people to boards. He suggested changing the requirement for the EDC Representative from Superintendent to School Board Member. Riedel pointed out that the makeup of the ordinances for each of the boards sets out the membership requirements. Revised motion by Evans, second by Burson to remove everything in the previous motion except the the requirement for recertification of the Economic Development Commission attendance report. Approved 7-0, T Consideration and possible action to approve Change Order #1 to the contract, between the City of Georgetown and H. Deck Construction Company, for the Main Street Paving and Drainage improvements project -- Mark Miller, Jim Briggs and George Russell Briggs explained the change order. Motion by Burson, second by Evans to approve the Change Order with the amount of $32,931.00 coming from Council Contingency. Approved 7-0. U Discussion and possible action to implement traffic impact analysis requirements for development applications and to establish other standards for transportation infrastructure, including without limitation direction to staff and/or possible adoption of the City of Austin Transportation Criteria Manual -- Clark Lyda This item was deferred to a future agenda. V Consideration and possible action for direction to staff to develop a scope of work, work plan, and contract with Duncan Associates that will administer the restructuring, updating and consolidation of the City's current development regulations (Zoning Ordinance, Subdivision Regulations and Sign Ordinance) in a manner consistent with the major findings of the July 17, 2001, Duncan and Associates Report titled, Georgetown, Texas: Review of Development Regulations -- Leane Heldenfels, Amelia Sondgeroth and City Council Meeting Minutes/July 24, 2001 Page 5 of 7 Pages George Russell Sondgeroth noted that there is no budget for this project at this time. Motion by Burson, second by Smith to approve negotiations with Duncan Associates. Approved 7-0. W Second reading of an ordinance Rezoning Highland Park Revised, Block 1, Lot 2B (east 65 feet of Lot 2), from RS, Residential Single Family, to C-1, Local Commercial, located at 206 W. 23rd Street -- Melissa Murphy, Amelia Sondgeroth and George Russell Murphy read the caption on second reading. Motion by Noble, second by Burson to approve Ordinance No. 200144. Approved 6-1. (Pfiesteropposed) X First Readings 1. First reading of an ordinance providing for the annexation into the City of 83.330 acres in the Joseph Fish Survey, located on the southwest side of Williams Drive, to be known as Woodlake Subdivision -- Ed Polasek, Amelia Sondgeroth and George Russell Polasek, new Chief Long -Range Planner, read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Noble, second by Burson to approve the ordinance on first reading. Approved 7-0, 2. First 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 This item was handled previously in this agenda following Item R. Y Leases and Agreements 1. Consideration of approval of a land lease with Williamson -Burnet County Opportunity, Inc. -- Verna Browning and George Russell Browning explained the proposed lease. There was discussion. Motion by Lyda, second by Evans to approve with the following changes: term of the lease will be 10 years, the termination language will be deleted in the first paragraph of Item L; and in Item J, insert 180 days. Approved 6-0. (Navarrette abstained) 2. Consideration of a contract and interlocal agreement between the City of Georgetown and Williamson County to provide funding and services for a regional firearms training facility -- David Morgan and George Russell\ Morgan explained that the funding had been approved by the Council for the current budget year, and Stofle explained the agreement. Motion by Lyda, second by Evans to approve the interlocal agreement. Approved 6-0. (Navarrette absent from the dais) Z Consideration of resolution to accept grant funds from the State of Texas Governor's Office for the position of Victim Services Coordinator -- David Morgan and George Russell This item was handled previously in this agenda following item S-1. AA Consideration of the suspension of rules to discuss and reconsider current City policy on the sale of real property -- Jack Noble Noble asked to defer this item to a future agenda. BB Consideration and possible action on a clarification of Council intent in the action of June 26, 20017 regarding the governance policy relating to Council communications/interactions with staff -- MaryElien Kersch Kersch explained that the motion approved at the June 26 Council Meeting needs to be clarified. Motion by Burson, second by Smith to add the words "not appointed by Council" after the word "staff," so that the policy would read: Any correspondence or communication between Council and staff not appointed by the City Council Meeting Minutes/July 24, 2001 Page 6 of 7 Pages Council be directed through the City Manager, except for requests for information, praise, or to report a violation. Approved 6A. (Pfiester opposed) 9:45 p.m. — recessed for Executive Session 10:34 p.m. — returned to Open Session and adjourned The meeting was adjourned at 10:34 PM. proved : r MaryEllen Kersch City Council Meeting Minutes/July 24, 2001 Page 7 of 7 Pages City Secretary Sandra Lee