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HomeMy WebLinkAboutMIN 05.22.2001 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: Charles "Hoss" Burson, Ken Evans, Clark Sam Pfiester Lyda, Llorente Navarrette, Jack Noble, Doug Smith Staff Present: George Russell, City Manager; Marianne Banks, City Attorney; Sandra Lee, City Secretary; Cathy Riedel, Assistant City Attorney; Tom Yantis, Assistant City Manager; Micki Rundell, Director of Finance and Administration; Verna Browning, Director of Community Services; Amelia Sondgeroth, Director of Development Services; David Morgan, Police Chief; Don Ward, Systems Engineering Manager; Terry Jones, Purchasing Director; Eric Lashley, Library Services Director Policy Development/Review Workshop A Presentation by Quorum Equities Group of the Rivery Towne Crossing Master Plan design concepts John Noell of HDR introduced Ken Mills and Michelle Housman from Brenner, Stewart, Wolf Law Firm; Gerald Luecke, of Hodges and Associates, Architects; and Brian Ott of TBG Landscape Architects and presented an overview of the engineering development issues. Noell and Luecke reviewed the site plan and displayed proposed elevations. Oft presented a landscape concept plan. B Discussion of Draft Development Agreement with Quorum Equities Group Russell, Yantis, Briggs, and Rundell presented the main components of the draft agreement and asked for direction from Council. Russell noted that Terry Morgan has been retained as legal counsel for the City regarding the development agreement. Yantis told Council that staff has met with the developer and developer's attorneys one time, and the Developer's attorneys have submitted a draft agreement for the City's reaction. Yantis gave Council an overview of the major components of the agreement including those features that are still in negotiation. Council expressed concerns about the deadline for the city to acquire the right of way, the location of the water quality pond on city park property, the proposed vegetation, the third lane on the frontage road, and the financing issues. Noell explained to Council that the water quality ponds will be similar to the ponds at Central Market in Austin. Russell reminded Council that there are still 80 acres of adjoining property that have not been considered in this development agreement. Briggs noted that the ponds are acting as water quality improvements to handle run-off. Ken Mills, attorney for the developer, spoke to Council regarding his recent involvement in the development agreement. He noted that delays in the development are costly and will limit the amount of funds that will be available for the project. Kersch stated that the city taxpayers are also involved financially and said she feels it is worthwhile to take the time to work out some difficulties for the benefit of both sides in order to City Council Meeting Minutes/May 22, 2001 Page 1 of 7 Pages move forward in a positive direction. 5:15 p.m. -- recessed to 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) - 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 . Severance Package for City Attorney F Sec.551.072 deliberation on real property - Lease of city -owned property - Acquisition of property 6:15 p.m. -- resumed Open Session 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: Airport Board (and Council will need to appoint new Chair), Alternate on Board of Adjustment, and Resident of Stonehaven on Housing Authority - Short Charter Review Kersch reviewed the section of the Charter that allows revision to the Charter. - Ten O'Clock Rule Kersch reminded Council of the 10:00 p.m. rule. 3. List of Topics from Executive Session There was no action from Executive Session 4. Reports from Councilmembers regarding committee assignments - Capital Area Planning Council - Facilities - Lyda reported that the Committee met yesterday and would provide a report later in this agenda - Finance - Kersch appointed Ken Evans as the new chair of this committee - Fire and Police - Navarrette said a meeting is to be planned in the near future - Planning and Development - no report - Sanitation - no report - Utilities and Transportation - no report - Williamson -Burnet County Opportunities - no report City Council Meeting Minutes/May 22, 2001 Page 2 of 7 Pages H Reports from Boards and Commissions - Downtown Business District Design Steering Committee Chair Renee Hanson gave a brief report of the background and activities of the Committee. Kersch commended Hanson and the committee members. - Historic Preservation Commission Chair Joe Burke spoke to Council regarding the Commission training and reviewing for the implementation of the design guidelines. Kersch spoke of future allocation of funding for training. - List of Boards to report at future meetings: June 12 - Library Board, Airport Board, and Housing Authority; June 26 - Parks and Recreation and Planning and Zoning Commission; 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 noted that he had received inquiries as to his new seating position on the Council dais. He said he had requested to be seated so that he could leave the dais conveniently to speak to people in the audience regarding issues on the agenda. Russell announced that Pablo Holguin, Director of Organizational Development, is resigning to participate in a pastoral orientation at Scott and White Hospital in Temple. Russell announced the passing of Fire Inspector George Godward. J Action from Executive Session items from Monday, May 21 and/or Tuesday, May 22, 2001 There was no action from Executive Session. K Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate Keith Peshak, 800 Oakcrest Lane, regarding dangers observed at the Airshow. Peshak told Council he observed an aircraft doing acrobatics inside the no-fly zone at the Airshow. He requested that the airport manager write a letter to the FAA and ask for an investigation. Beth Jenkins, 30205 Hacienda Lane, Airshow Coordinator, told Council that the FAA was in attendance at the Airport for the entire Airshow. She said the aircraft was banking and not doing acrobatic maneuvers. Ronald Swain, 25 Waters Edge Circle, regarding the Williamson County Criminal Justice Center. Swain was not in attendance. John Gavurnik, 228 Bastian Lane, regarding City Parks and the budget. Gavurnik, speaking for the Association of Homebuilders, asked Council to increase the staff of the building inspection department, suggesting an increase in fees for building permits would be supported by his organization. He also suggested hiring fee inspectors. He requested that funding be included in the budget to maintain the city parks and provide equipment. He offered to put in a sprinkler system in the Katy Crossing Park if the City would provide the meters and the landscaping. Kersch suggested that he make that offer to the Parks and Recreation Board. Statutory Consent Agenda L Consideration of approval of the minutes of the Special Meeting of Monday, May 14, the Workshop and Executive Session of Monday, May 7 and the Regular Meeting of Tuesday, May 8, 2001 -- Sandra Lee and George Russell Kersch noted that Page 1 of the May 8 Minutes regarding the Councilmembers present after the swearing-in ceremony is incomplete. City Council Meeting Minutes/May 22, 2001 Page 3 of 7 Pages 1. Consideration of approval of an award of bid to Altec Industrial, Inc. in the amount of $132,673.00 for a 2001 Diesel Cab and Chassis with Hydraulic Derrick -- Terry Jones, Micki Rundell and George Russell 2. Consideration of approval of an award of annual bid to Public Health Equipment and Supply Company in the estimated amount of $15,510.00 for BIOMIST Mosquito Spray -- Terry Jones, Jim Briggs and George Russell 3. Consideration of approval of an award of bid to Miller Uniform in the estimated amount of $26,347.70 for furnishing police uniforms -- Terry Jones, David Morgan and George Russell When asked by Noble, Morgan answered that the bid had not been done on an annual basis for some time. 4. Consideration of approval of an award of bid to Siemens Corporation in an amount not to exceed $192,272.00 for Annual Substation Distribution Breakers -- Mike Mayben, Jim Briggs and George Russell N Consideration of approval to declare surplus equipment and authorize staff to negotiate and execute a contract for auctioneering services -- Terry Jones, Micki Rundell and George Russell Navarrette asked and Jones responded that the advertisement of the auction is the responsibility of the auctioneer who advertises in the newspaper and through e-mail. Navarrette asked that it be advertised in the City Newsletter. Kersch suggested that it be advertised locally on cable. O Consideration of a resolution authorizing signators to sign the Depository/Authorized Designation Form for Texas Community Development Program (TCDP) Contract No. 718249 for construction of the 8 -inch water line on Austin Avenue from 12th Street to 18th Street and system improvements -- Don Ward, Jim Briggs and George Russell P Consideration of approval of an Airport Land Lease with John Podolak -- Travis McLain, Verna Browning and George Russell O Consideration of the Resubdivision of a portion of Blocks 8 and 9, Rucker and Hodges Addition, to create one additional single-family lot -- Melissa Murphy, Amelia Sondgeroth 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 (P.U.E.), located on the northeast side of the property of Lot 1, Block F, Riverbend Unit 5, Phase 2, and being located at 3017 Parker Drive -- Melissa Murphy, Amelia Sondgeroth and George Russell Motion by Evans, second by Burson to approve the Consent Agenda. Approved 6-0. (Pfiester absent) Legislative Regular Agenda S Appointments 1. Consideration of the appointment of the Library Board Chair, Judy Parks, as Lay Representative to the Central Texas Library System -- Judy Parks and MaryEllen Kersch Kersch introduced Judy Parks and explained the item. Motion by Evans, second by Navarrette to appoint Parks to serve as Lay Representative to the Central Texas Library System. Approved 6-0. 2. Notification of appointment of Dr. Jo Ann Ford as Mayor's representative to Williamson -Burnet Counties Opportunities (WBCO) -- MaryEllen Kersch Kersch announced the appointment of Ford as her representative to the W BCO Board of Directors. 3. Consideration and possible action to approve the appointment of Audrey McDonald to fill the remaining term vacated by Jack Noble on the Planning and Zoning Commission -- MaryEllen City Council Meeting Minutes/May 22, 2001 Page 4 of 7 Pages Kersch Motion by Noble, second by Lyda to appoint McDonald to the Planning and Zoning Commission. Approved 6-0. 4. Consideration and possible action to approve the appointment of Kathy Heidemann to fill the remaining term vacated by Ken Evans on the Economic Development Commission -- MaryEllen Kersch Motion by Lyda, second by Evans to appoint Heidemann to the Economic Development Commission. Approved 6-0. T Consideration and possible action regarding the bylaws of the Planning and Zoning Commission -- Patrick Walsh and MaryEllen Kersch Assistant City Attorney Cathy Riedel explained that the Director of Development Services serves as the Secretary of the Planning and Zoning Commission and signs plats as the Secretary of the Commission. Kersch said the signature of the Director as Secretary was not required by law and said the Secretary should be one of the citizen members of the Commission. Motion by Noble, second by Navarrette to defer this item until the Chair of the Planning and Zoning Commission is in attendance. Approved 6-0. U Consideration of the Public Review Final Plat of 55.33 acres in the John Pulsifer Survey, to be known as River Chase II, located along River Chase Boulevard -- David Munk, Amelia Sondgeroth and George Russell Munk explained the item. Kersch asked why the Parks and Recreation Board recommended "fee in lieu of land." Philpott explained that it took place under the old ordinance prior to April 25. Noble asked and Munk explained that the dispute over the plat has apparently been resolved. Lyda asked and Munk responded that no additional access has been provided to the river other than through an easement. Motion by Lyda, second by Noble to approve the Public Review Final Plat. Approved 6-0. V Ordinances 1. Second Reading of an Ordinance amending the Zoning Ordinance related to manufactured housing -- Verna Browning and George Russell Browning read the caption and Section 7 that was revised at the last meeting. Motion by Burson, second by Evans to approve Ordinance No. 2001-37. Approved 6-0. 2. First 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 explained the item and read only the caption of the ordinance after having satisfied the requirements of the Charter. Motion by Lyda, second by Evans to approve the ordinance on first reading. Approved 6-0. 3, First Reading of an ordinance amending Chapter 6.20 of the Georgetown Code of Ordinances pertaining to Taxicabs, Buses and other vehicles for hire -- Paul Justice, David Morgan and George Russell Morgan read only the caption of the ordinance after having satisfied the requirements of the City Charter and added a provision regarding insurance. There were questions reqarding the term "ability to drive a vehicle" and the definition of "moral terpitude." There were questions as to the insurance coverage required and discussion regarding the increase in fees. Motion by Lyda, second by Navarrette to defer this item. Approved 6-0, W Consideration and possible action on approving a consultant and funding for a Parks, Recreation and Open Space Master Plan -- John Philpott, Tracy Dubcak and MaryEllen Kersch Philpott explained the item. Rundell noted that there would be funding available in the development services division from salaries for posiitons that have not yet been filled. Philpott told Council the timing City Council Meeting Minutes/May 22, 2001 Page 5 of 7 Pages was imperative in order to qualify for additional funding through LCRA and Parks and Wildlife. Barbara Austin, Senior Landscape Architect with Richardson Verdorn, addressed Council regarding the activities of the project. Lyda asked that a workshop be scheduled coinciding with the needs assessment. Motion by Lyda, second by Navarrette to approve the hiring of the consultant with the funding from the excess funds in Development Services. Approved 6-0. X Discussion and possible action on Airport Terminal Building remodeling and construction options -- Jerry Fye, Glen Watkins and MaryEllen Kersch Acting Chair Glen Watkins and Boardmember Jerry Fye said at their meeting last night the Airport Board discussed 29 items that could bring down the cost of the bid without jeopardizing the quality of the building. They suggested that the contract be rebid with those changes. Lyda said he had not been aware that this item was going back to the Airport Board. He asked Architect Tom Nichols to explain the circumstances. Nichols reviewed the value engineering that was done in an attempt to lower the cost. He said he does not agree with the Board that the contract should be rebid. Nichols read the list of items to be reduced from the original bid. Lyda expressed that he would prefer not to cut the costs if it leaves substantial difference in the appearance and functionality of the building. He suggested compromising on the items to be removed. Russell clarified that Council had directed the Airport Board to look at the bids and said he agrees with Nichols about working with the low bidder. He said there is money in the Capital Improvement Funds that could be used if needed for this project. McLain said that TXDOT has increased their funding on this project by $50,000. When asked by Noble, Rundell explained that the original funding was to be from bonds and a grant from TXDOT. Motion by Lyda, second by Smith to award the contract to Richmond Industries in an amount not to exceed $419,820 with instructions to the City Manager and Architect to reduce that amount as possible without functional or aesthetic impairment of the design. Nichols asked Council to appoint a liaison to work with him. It was determined that George Russell will work with Nichols. Approved 5-1. (Navarrette opposed) 8:06 p.m. -- recessed 8:23 p.m. -- returned to Open Session Y Discussion and possible action regarding the selection of an architect to perform design work for the renovation of City Hall -- Terry Jones and George Russell Jones explained that the Facilities Subcommitte met yesterday, reviewed the proposals and requested that interviews be scheduled. He told Council he has scheduled the interviews for Thursday, May 31, at 1:30 p.m. prior to the Special Council Meeting. Motion by Lyda, second by Evans to defer this item until after the interviews. Approved 6-0. Z Contracts and Agreements 1. Consideration and possible action to approve an electric power contract with Gentex (an LCRA Taxable Affiliate), to purchase capacity in LCRA's Gentex Project equal to Georgetown's share of LCRA's non -fuel generation revenues -- Mike Mayben, Jim Briggs and George Russell Briggs noted that the Utilities Subcommittee met and reviewed the Gentex contract. He explained the contract, saying that it will be a savings to the City. Motion by Smith, second by Burson to approve the contract. Approved 6-0. 2. Consideration and possible action to approve the agreement with I&C Sales, Inc. to provide technical services for the City's Supervisory Control and Data Acquisition (SCADA) System in the amount of $75,000.00 -- Mike Mayben and Jim Briggs Briggs explained the SCADA System and the agreement. Motion by Noble, second by Evans to approve the agreement. Approved 6-0. 3. Consideration and possible action regarding contract with DataPult LP to provide Automatic Meter Reading Operation Services -- Mike Mayben and Jim Briggs This item was pulled. AA Consideration of acceptance of the City's Mid -Year Financial Report, which includes the Quarterly Investment Report and the Financial Report for the Quarter Ended March 31, 2001 -- Laurie Brewer, Micki Rundell and George Russell City Council Meeting Minutes/May 22, 2001 Page 6 of 7 Pages Rundell stated everything is in compliance and asked Council to approve acceptance of the report. Motion by Navarrette, second by Smith to approve the Mid -Year Financial Report. Approved 6-0. BB Discussion and possible action to adopt Council policy or ordinance regarding sale of real estate owned by the City -- Clark Lyda Lyda asked Council to adopt a policy and made recommendations as to the criteria to be used. Navarrette voiced his opinion of previous Council action regarding the sale of a city -owned property, asking that in the future the adjoining property owners be notified prior to the sale of a piece of property. There was discussion regarding avoiding possible discrimination against the free-market ability to buy and build wherever the lot is available. Lyda suggested that the Council develop policy and set some standards. Banks made recommendations that a sign be installed that the property is up for bid and offered various other suggestions as found in the Council's current policy for sale of city -owned property. Motion by Lyda, second by Evans to adopt the following policy: In the event of a purchasing inquiry, the following cirteria would be applied to determine whether it would be sold and under what terms. There shall be notification to adjacent owners by posting a sign on the property, purchaser shall pay closing costs and clear back taxes, the city shall convey the property by special warranty deed, and encumbrances shall be removed at purchaser's expense. Approved 6-0. Ronald Swain asked for clarification from Navarrette about where affordable housing might be built. Navarrette said the properties would be discussed at a Council Meeting. CC Discussion and possible action regarding the sale of City -owned property located at 605 W. 15th (08 acres), 790 W. 9th Street (.19 acres), and the west 1/2 of Block 37, Snyder Addition (WCAD Parcel R381472, locatd between E. 14th and E. 15th Streest and west of Myrtle) (.6612 acres), consistent with policy adopted in previous agenda item -- Clark Lyda Lyda noted that Banks had pointed out that less than 90 days have passed since Council last dealt with two of the above -referenced properties. He explained the necessary procedure for dealing with this item. Motion by Lyda, second by Evans to suspend the 90 -day reconsideration rule. Approved 6-0. Motion by Lyda, second by Noble to reconsider the previous votes on 790 W. 9th and the west 1/2 of Block 37, Snyder Additon. Approved 6-0. Motion by Lyda, second by Smith to offer for sale by sealed bid, consistent with council policy: the west 1/2 of Block 37. Approved 6-0. Motion by Lyda, second by Smith to offer for sale by sealed bid, consistent with council policy: 790 W. 9th Street. Approved 6-0. Motion by Lyda, second by Noble to offer for sale by sealed bid, consistent with council policy: 605 W. 15th Street. Approved 6-0. 9:26 p.m. -- motion to adjourn The meeting was adjourned at 09:26 PM. d City Council Meeting Minutes/May 22, 2001 Page 7 of 7 Pages Atte City Secretary Sandra Lee