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HomeMy WebLinkAboutMIN 06.12.2001 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor presiding. Council Present: 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; Verna Browning, Director of Community Services; Tom Yantis, Assistant City Manager/Director of Information Resources; Randy Morrow, Director of Parks and Recreation; Micki Rundell, Director of Finance and Administration; Amelia Sondgeroth, Director of Development Services; Anthony Lincoln, Fire Chief; Jim Briggs, Assistant City Manager/Director of Community -Owned Utilities;Charlie Walker, Director of Economic Development; Carla Ezell, Human Resources Director; Shirley Rinn, Deputy City Secretary/Administrative Assistant to City Manager; Terry Jones, Purchasing Director; Kathy Ragsdale, Utility Office Director; Debbie Charbonneau, Main Street Manager; Laurie Brewer, Comptroller; Mike Mayben, Energy Services Manager; Melissa Murphy, Development Planner; Steve O'Neal, Building Plan Reviewer; Eric Lashley, Library Director; Travis McLain, Airport Manager; Mark Miller, Street Superintendent; Don Ward, Systems Engineering Manager A Report and Discussion on City Relationships with Non -Profits and Other Governmental Entities -- Verna Browning and George Russell Russell and Browning provided a report and slide presentation regarding the City's relationships with various entities, including festivals and special events supported by the City through manpower and services; leases and facility usage; social services contracts; partnerships with entities; and miscellaneous advertisement/consumer education of the City's utility services through give-aways at special events. Glenda Overfelt, representing the Main Street Advisory Board Promotions Subcommittee, provided a summary Report and spoke to Council about future Main Street Advisory Board participation with the Downtown Georgetown Association for the Red Poppy Fesitival. Dr. Jo Ann Ford, President of the Board of the Georgetown Community Clinic, acknowledged the members of the Board in attendance in the audience. She introduced Marjorie Herbert who explained to Council a proposal to fulfill health, safety, and welfare obligations to the community. She introduced Jack Hunnicutt who said the Clinic relates to a sense of community and spoke about the number of children in Georgetown City Council Meeting Minutes/June 12, 2001 Page 1 of 9 Pages who said the Clinic relates to a sense of community and spoke about the number of children in Georgetown who don't have insurance for medical care. She introduced Sue Smith who spoke about a voluntary pediatric clinic being conducted now by Dr. Susan Skrovan in the offices of Dr. Doug Benold. She introduced Patty Hewlitt, a former school nurse in Georgetown, who related experiences about children without insurance. She introduced Dr. Doug Benold who gave Council a vision of what the clinic will provide for Georgetown in a building near the Caring Place. Jim Offield, President of the Sertoma Club, asked Council to continue supporting the July 4 Fireworks Display by contributing $7500 and noted other services provided by the Sertoma Club. 5:17 p.m. -- recessed 5:34 p.m. -- resumed B Discussion of proposed Ethics Ordinance (Chapter 2.20 of the Code of Ordinances) adding standards of conduct and financial disclosure requirements; establishing an Ethics Commision; and adding a subsequent representation ("revolving door") limitation -- Clark Lyda Lyda explained that he is not comfortable with the financial disclosure portion of the Common Cause ordinance and suggested using the sample New Braunfels ordinance. Council generally agreed that the financial disclosure section of the proposed Common Cause ordinance is not acceptable. Kersch asked that Lyda bring a draft to the next Council Meeting. Russell provided a memo from Tom Yantis representing the opinions of staff members regarding the Common Cause ordinance. Council generally agreed to use the New Braunfels ordinance as a base with some of the points of the Common Cause ordinance added, leaving out the financial disclosure portion. There was discussion regarding the procedure for filing complaints with the Ethics Commission. Kersch asked Council to bring back their specific suggestions for a proposed ordinance. 6:26 p.m. -- recessed to Executive Session During the recess, the Mayor presented a proclamation to Ethel Moore honoring the Juneteenth Celebration to be held by the Citizens Cultural Memorial Association. 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) - 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, David Morgan, Chief of Police 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 - City Charter D Sec.551.086 deliberation regarding economic development - Discussion of Economic Development Prospects - Rivery Towne Crossing Project E Sec.551.074 personnel matters - Performance Review of Council -appointed employees: City Manager, City Attorney, City Secretary - Interim City Attorney Salary and other Legal Department personnel issues F Sec.551.072 deliberation on real property - Lease of city -owned property - Acquisition of property City Council Meeting Minutes/June 12, 2001 Page 2 of 9 Pages Regular Session Called to order at 7:35 p.m. G Comments from the dais regarding the following items: 1. Opening Comments and Welcome to Audience Kersch welcomed the audience and gave a brief overview of Council Meeting procedures. 2. Mayor's Comments - Announcement of vacancies: Historic Preservation Commission, New Chair for the Airport Board, Alternate on Board of Adjustment, Resident of Stonehaven on Housing Authority Kersch announced the vacancies. - Ten O'Clock Rule Kersch reminded Council of the need to finish the meeting by 10:00 p.m. 3. List of Topics from Executive Session - no report 4. Reports from Councilmembers regarding committee assignments - Capital Area Planning Council - no report - Facilities - no report - Finance - no report - Fire and Police - no report - Planning and Development - no report - Sanitation - no report - Utilities and Transportation - no report - Williamson -Burnet County Opportunities (to be put on quarterly reports) - Council on Domestic Violence - Kersch noted that they will meet on Friday H Reports from Boards and Commissions - Library Board - Chair Judy Parks gave Council a brief report of recent Library Board activities - Airport Board - Acting Chair Glen Watkins gave Council a report on recent Airport Board activities - Housing Authority - Kersch noted that the Housing Authority sent a notice that there is no report - List of Boards to report at future meetings: June 26 - Parks and Recreation and Planning and Zoning Commission; July 10 - Youth Advisory Board; August 14 - Economic Development Commission and Youth Advisory Board; August 28 - Downtown Business District Design Steering Committee and Historic Preservation; Sep. 11 - Library Board, Airport Board and Housing Authority; Sep. 25 - Parks and Recreation and Planning and Zoning Commission Announcements from City Manager - Late -Breaking Headlines Russell gave a report regarding applications for the Georgetown Youth Advisory Board having been distributed to the schools. Kersch asked and Russell responded that the application positions close on June 15. Kersch told Council she will need some councilmembers to select the people to serve on the Board. Russell gave a report on 16 open record requests, saying these requests require a lot of staff time. J Action from Executive Session items from Monday, June 11 and/or Tuesday, June 12, 2001 Motion by Smith, second by Noble to award a salary of $65,000 to Cathy Riedel as Acting City Attorney. Approved 7-0. K Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate 1. Keith Peshak, 800 Oak Crest Lane, regarding "cover-up" of the violations of the waiver at the Georgetown Airshow Peshak was not in attendance. Fred List, 444 Logan Road, addressed Council regarding his opinion of the danger involved with aircraft at the Airshow, saying that the aircraft flew too low and broke the law. Kersch suggested that he contact the FAA, and he said that he had requested that the FAA use their instruments from his location, but they stayed at the Airshow and appeared not to be interested. He said he was advised to pin up his donkeys for release at 4:00 p.m. when the Airshow was over, which he City Council Meeting Minutes/June 12, 2001 Page 3 of 9 Pages did. He said an F-16 buzzed the Airport later and caused his donkeys to run into the fence. 2. Virginia Stubbs, 110 W. 8th Street, regarding representation on the Convention and Visitors Bureau Board Stubbs withdrew her request to address the Council. 3. Penny Puryear Burt, 3803 Roble Grande Circle, regarding information concerning zoning and use at the Airport. Burt asked Council to consider the questions in her printed material provided for the packet. She questioned the ability to lease the airport for commercial or industrial development. She asked the Council to determine what uses should be authorized in the leases at the Airport, saying Council will need to assume obligation for litigation due to noise, etc. Fred List, 444 Logan Road, told Council of his conversations with former Deputy City Attorney Gary Martin regarding the Trinity Airport Lease. He offered to provide for Council some data that he has collected regarding possible illegalities involving the Trinity Lease. Public Hearin L Public hearing on the levy of assessments for 20.18 acres added to the Georgetown Village Public Improvement District #1 on May 8, 2001 -- Cathy Riedel and George Russell The public hearing was opened at 8:06 p.m. Mark Pustka spoke on behalf of Georgetown Village Development Company and Lennar Homes in favor of the levy of assessment. Riedel asked that this public hearing be continued until the next Council Meeting on June 26. The public hearing was recessed at 8:08 p.m. for continuation on June 26 no earlier than 6:00 p.m. Statutory Consent Agenda M Consideration of approval of the minutes of the Workshop and Executive Session of Monday, May 21; the Regular Meeting of Tuesday, May 22; and the Special Meeting of Thursday, May 31, 2001 -- Sandra Lee and George Russell N Consideration of authorization to purchase software installation and configuration services from DataPult for the City's Automated Meter Reading (AMR) computer system, not to exceed $24,000 -- John Applewhaite, Tom Yantis and George Russell O Consideration of a resolution granting a petition for annexation into the City of 72.217 acres in the Burrell Eaves and Fredrick Foy Surveys, to be known as The Planned Unit Development of Sun City Texas, Phase 4-E, Neighborhood Twenty -Four A and B, located on Texas Drive -- Melissa Murphy, Amelia Sondgeroth and George Russell Motion by Evans, second by Smith to approve the Consent Agenda in its entirety. Approved 7-0. Legislative Regular Agenda P Ordinances 1. Second Readings a. Second Reading of an ordinance levying the 413 Sales and Use Tax approved on May 5, 2001 dedicated for transportation improvements -- Micki Rundell and George Russell Rundell read the caption on second reading. Motion by Lyda, second by Burson to approve Ordinance No. 2001-38. Approved 7-0. City Council Meeting Minutes/June 12, 2001 Page 4 of 9 Pages b. Second Reading of an Ordinance to Rezone 1.73 acres, more or less, in the William Addison Survey, from A, Agricultural to RS, Residential Single Family, to be known as SummerCrest Subdivision, located on SH29 East -- Melissa Murphy, Amelia Sondgeroth and George Russell Murphy read the caption on second reading. Motion by Evans, second by Smith to approve Ordinance No. 2001-39. Approved 7-0. 2. First Readings a. First reading of an ordinance providing for the annexation into the City of 72.217 acres in the Burrell Eaves and Fredrick Foy Surveys, to be known as The Planned Unit Development of Sun City Texas, Phase 4-E, Neighborhood Twenty -Four A and B, located on Texas Drive -- Melissa Murphy, Amelia Sondgeroth and George Russell Murphy explained the ordinance and read only the caption after having satisfied the requirements of the City Charter. Motion by Pfiester, second by Evans to approve on first reading. Approved 7-0. b. First reading of an Ordinance to Amend the Century Plan for 31.10 acres located in the Nicholas Porter Survey, from Intensity Level 3 to Intensity Level 4, located on Northwest Boulevard -- Melissa Murphy, Amelia Sondgeroth and George Russell Murphy read only the caption of the ordinance after having satisfied the requirements of the City Charter. Kersch explained that because this is an intensity change of the Century Plan it will require a majority vote plus one. Cody Hawes, 422 Northwood, told Council he doesn't know whether he objects or not because he hasn't seen a layout to show what might be planned for the area. He said he would like to see the proposed routing of traffic. Jack Noble explained his concerns about changing the intensity due to the traffic report heard by the Council at the last meeting. David Munk said HDR has prepared a model showing that this intensity would not effect the streets. Smith questioned the 7-0 vote in favor by Planning and Zoning Commission. Murphy explained that Planning and Zoning had expressed concern but felt the extension of River Bend would relieve the congestion. Sondgeroth said the Comprehensive Plan should be the guiding document. She said the Century Plan does not give a guide on land use, and said there is no mechanism for a developer to come forward and propose improvements to assist the traffic flow. Noble suggested that Council give the planning staff the tools to deal with these problems. Motion by Pfiester, second by Noble to disapprove the ordinance. Approved 7-0. (See further action below following Item Q-2.) C. 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 Riedel asked to defer this item to the June 26 Council Meeting. Q Boards and Commissions 1. Consideration and possible action regarding the appointment of Jim Spikes to fill the remaining term vacated by Steve Johnston on the Airport Board -- MaryEllen Kersch Motion by Evans, second by Burson to approve the appointment. Approved 7-0. City Council Meeting Minutes/June 12, 2001 Page 5 of 9 Pages 2. Discussion and possible action regarding Council policy on attendance for Boards and Commissions -- MaryEllen Kersch Kersch noted that Council had established a requirement for a specific level of attendance. She asked Council to develop the procedure for doing this. She asked that the liaisons compile the information and have it certified by the Chair. There was discussion about a letter to be sent to those boardmembers who violate the rule. Motion by Navarrette, second by Burson to require one-year attendance reported on a six-month basis. Approved 7-0. Motion by Lyda, second by Noble to reconsider the outcome of Item 122b. Matt Marshall, representing the applicant, told Council they have been working with the City staff and have tried to be sensitive of the area. He said that in order to keep the rents affordable, the density needs to be at a certain number. He said staff asked them to extend River Bend Drive. Kathryn Heidemann, 407 Golden Oaks, said she is not familiar with the proposed development. She said she would like more information. Jo Ann Allen, 4131 Grandada Drive, said the neighborhood people who had attended the meeting to hear this item have now left thinking that the item has already been handled. Motion by Pfiester, second by Smith to disapprove the ordinance for the second time in this meeting. Approved 7-0. 3. Discussion and possible action regarding a request for financial support the Sertoma July 4th Fireworks Display -- George Russell Russell noted that this item had been deferred from the last Council Meeting. He reviewed the amount of time and service Celebration. put in by staff and Texas Disposal Service for this event. Motion by Smith, second by Evans to approve financial support for the Sertoma July 4th Fireworks Display. Smith explained that the purpose for funding this project is for the sense of community. Lyda said if the City provides the majority of the funding through cash and services, it should be called the City of Georgetown 4th of Georgetown and of July Celebration. Motion by Lyda, second by Noble to amend the previous motion that this event be sponsored by the City of Georgetown and the provision of this support taken from Council Contingency. Councilmembers shared their opinions on the issue. Vote on the amendment: Approved 7-0. Vote on the main motion as amended: Approved 5-2. (Noble and Lyda opposed) 9:05 p.m. -- recessed 9:12 p.m. -- resumed R Consideration and possible action on form of notice to be given of the time and place of a public hearing on the Overlay District Ordinance and Design Guidelines for the Downtown Business District -- Renee Hanson and George Russell Hanson asked Council for direction as to how to proceed. There was concern expressed as to whether staff would be able to accomplish the needed notification in the needed timeframe. Sondgeroth said she thought they could hire some temporary help and accomplish the notification within the needed timeframe. Riedel agreed they need to follow the same notification as for a zoning ordinance. Lyda said he is concerned that Development Services already has a heavy schedule, and said that Attorney Terry Morgan is recommending the joint hearing notice. Hanson said if the notices are not sent out, an ordinance and special meeting with the Planning and Zoning Commission would be required. There was discussion that this needs to move forward as soon as possible because a project could come forward before the design guidelines are in place. Lyda said he prefers the joint hearings method and doesn't see any reason to create additional stress on Development Services. Sondgeroth noted that there is a joint meeting already set for July 23 to review the development ordinances. Motion to Lyda, second by Noble to use the joint City Council Meeting Minutes/June 12, 2001 Page 6 of 9 Pages hearings method. Approved 7-0. S Shell Road Public Improvement District 1. Consideration and possible action regarding an amendment to the Development Agreement between the City and Campbell -Georgetown #1 Limited Partnership which addresses responsibilities of the parties for the re -alignment of Shell Road -- Cathy Riedel and George Russell Riedel noted that the petition has been received and she and Ercel Brashear explained the item. Riedel asked that the execution of the contracts be contingent on the County's action. Motion by Pfiester, second by Lyda to approve the amendment to the agreement subject to approval by the County. Approved 7-0, 2. Consideration and possible action regarding an amendment and revision to the 1997 "Substitute Fiscal Surety Agreement concerning HEB/Georgetown No. 2 Subdivision" -- Cathy Riedel Motion by Pfiester, second Evans to approve the amendment to the agreement subject to approval by the County. Approved 7-0. 3. Consideration of a resolution acknowledging receipt of a petition to establish the Shell Road Public Improvement Assessment District and setting a public hearing -- Cathy Riedel and George Russell Motion by Pfiester, second by Evans to approve the resolution subject to approval by the County. Approved 7-0. T Consideration of approval of a land lease with Williamson -Burnet County Opportunity, Inc. (WBCO) -- Verna Browning and George Russell This item was pulled. U Consideration of approval to increase Municipal Court staff to accommodate growth, using increased fine collection revenue as the source of funding -- Cathy Leloux and Micki Rundell Rundell explained the purpose for seeking additional staff. Motion by Pfiester, second by Noble to approve. Navarrette suggested that this request wait for the budget process. Rundell explained that the current half-time position is vacant and cannot be held vacant until the budget is approved, saying while this half-time position is vacant, they are asking to make it a full-time position. Rundell asked Judge Stump to explain the increased amount of work for the staff. He explained potential liability issues involved with pulling the warrants once they are paid so that the police department doesn't pursue an arrest on someone who paid late in the day. Approved 6-1. V Discussion and possible action regarding plan review and inspections of residential construction projects -- Sam Pfiester and Charles "Hoss" Burson Jack Hunnicutt, 26 Meadows Lane, representing the Georgetown Chapter of Texas Capital Area Builders Association, commended Dave Hall and his staff. He said they are being asked to do a huge job with limited resources. He said the Builders Association is willing to pay higher inspection fees in order to hire more inspectors. He explained the delays in inspections. He asked for a series of meetings with members of Hall's staff and members of the Builders Association to determine how best to resolve the issue. Dave Hall gave Council the result of a recent survey of surrounding cities, listing the types of inspections and number of inspectors in surrounding cities. Russell noted that Hall has done a great job even with the turnover of his inspection staff, saying the inspector position is very competitive. There was discussion regarding contract inspectors. Lyda suggested that Russell meet with Hall and the builders' reps and bring back a plan of action. At this time, Item AA was brought forward. AA Update on Leander Road/FM 1460 Realignment Road Project and consideration of action and/or giving staff direction on road/buffer improvements to Highland Drive Neighborhood -- Llorente Navarrette Navarrette explained the reason for the item. He asked staff to provide a timeline and update on the City Council Meeting Minutes/June 12, 2001 Page 7 of 9 Pages project. Jim Briggs and Mark Miller explained that the neighborhood rejected the proposed access to Austin Ave4a�ae ust nAver� Industrial.* Miller said TXDOT estimates about four months to complete the bridge and finish the project. He said once the street is closed, a sidewalk will be laid and the area sodded, with shrubs added for a buffer. Navarrette asked that staff be directed to construct two cul de sacs at either end of the road, for safety reasons, with buffers. (*as corrected by Llorente Navarrette at the June 26 Council Meeting) Vic Flores, 2403 Highland Drive, said he is not impressed with the slow progress. He said there are already cars entering and turning around. He expressed concern about the school bus accessing the children. Mark Miller suggested the City could make a bus stop where Industrial T's into Highland. Motion by Navarrette, second by Pfiester for the staff to meet with the neighborhood again to facilitate a plan to prepare cul de sacs or a bus stop. Approved 7-0. Lyda, W Discussion and possible action regarding Council policy relating to off -dais roles (a) with members of Council serving as Council representatives to outside governmental and non-governmental entities, and ( b) as official/unofficial liaison to our own boards/commissions -- MaryEllen Kersch Kersch said this would be taken care of in the proposed ethics ordinance. X Discussion and possible action regarding Council committees regarding (a) role, authority, charge, and (b) appointments, and possible creation of new committees -- MaryEllen Kersch Motion by Pfiester, second by Lyda to extend the standing committees for six months. There was discussion. Motion by Noble, second by Smith to provide a substitute amendment to the previous motion to abolish the standing committees and create special purpose committees with specific charges and time to expire. Vote on the substitute amendment: Failed 2-5 (Navarrette, Evans, Pfiester, Burson and Lyda opposed) Motion by Pfiester, second by Lyda to amend the original motion to extend the standing committees until January 1, 2002. Approved 4-3. (Noble, Burson and Smith opposed) Vote on the original motion as amended: Approved 4-3. (Noble, Burson and Smith opposed) It was decided that Item X(b) will be handled at a future meeting. Y Contracts and Agreements 1. Consideration and possible action to approve an amendment to update the City's Wholesale Power Agreement with the Lower Colorado River Authority (LCRA) -- Michael W. Mayben, Jim Briggs and George Russell Briggs explained that this amendment occurs each year to amend the projected consumption numbers. Motion by Lyda, second by Smith to approve the amendment. Approved 7-0. 2. Consideration and possible action to approve an Electric Distribution System Maintenance Agreement between Southwestern University and the City of Georgetown in the amount of $50,000 annually -- Michael W. Mayben, Jim Briggs and George Russell This item was pulled. 3. Consideration and possible action to approve the Power Supply Agreement between the City of Georgetown and Southwestern University -- Michael W. Mayben, Jim Briggs and George Russell This item was pulled. 4. Consideration and possible action to approve a contract amendment to the existing Professional Services Agreement, between the City of Georgetown and Camp, Dresser & McKee Engineering, Inc, to provide professional engineering services related to the design of the relocation of the Sun City Pump Station in the amount of $37,500.00 -- Don Ward, Jim Briggs, and George Russell City Council Meeting Minutes/June 12, 2001 Page 8 of 9 Pages Briggs explained the contract amendment. Motion by Noble, second by Smith to approve the contract amendment. Approved 6-0. (Navarrette absent from the dais) 5. Council consideration and possible action to approve a contract amendment to the existing Professional Services Agreement, between the City of Georgetown and HDR Engineering, Inc., to provide professional engineering services related to the development of a Sidewalk Master Plan in the amount of $25,000.00 -- Mark Miller, Jim Briggs, and George Russell Briggs explained the contract amendment. There was discussion. Motion by Lyda, second by Pfiester to approve the contract amendment. Approved 6-0. Z Discussion and consideration of provision of computer(s) for Council use -- MaryEllen Kersch Kersch asked if the councilmembers want to have use of a computer at City Hall. There was no response. Navarrette was absent from the dais. No action was taken. AA Update on Leander Road/FM 1460 Realignment Road Project and consideration of action and/or giving staff direction on road/buffer improvements to Highland Drive Neighborhood -- Llorente Navarrette This item was handled previously in this agenda following Item V. 10:53 p.m. -- motion to adjourn The meeting was adjourned at 10:53 PM. APoved : Attest: r MaryEllen Kersch City Council Meeting Minutes/June 12, 2001 Page 9 of 9 Pages Secretary Sandra Lee