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HomeMy WebLinkAboutMIN 03.06.2001 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 "Hass" Burson, Ferd Tonn, Lee All Council present Bain, Susan Hoyt, Sam Pfiester, Clark Lyda, Llorente Navarrette George Russell, City Manager; Marianne Banks, City Attorney: Sandra Lee, City Secretary; Jim Briggs, Assistant City Manager/Director of Community -Owned Utilities; Tom Yantis, Assistant City Manager/Director of Information Resources; Micki Rundell, Director of Finance and Administration; Verna Browning, Director of Community Services; Anthony Lincoln, Director of Fire Services; Amelia Sondregoth, Director of Development Services; Pablo Holguin, Director of Organizational Services; David Munk, Development Engineer; Mike Mayben, Energy Services Manager; Don Ward, Systems Engineering Manager; Laurie Brewer, Controller; Kevin Stofle, Police Administration Lieutenant; Gary Martin, Deputy City Attorney; Cathy Riedel, Assistant City Attorney; Judi Hunter, Paralegal; Terri Calhoun, Paralegal; Cindy Evans, Legal Services Administrative Assistant; Randy Arrington, Systems Analyst; William Adams, Water/Wastewater Superintendent; Carla Benton, Development Planner Called to order at 4:08 p.m. A Rivery Development Project John Weber of Weber and Company noted that a draft of the Development Agreement has been submitted to City Manager George Russell and preliminary design drawings are being prepared to match the Concept Plan. He said they are prepared to go forward and begin the infrastructure in late April or May, with the first phase of the shopping center to open in July 2002. Rundell was asked to supply copies to Council of the estimated road improvement costs as well as information showing the revenue projected to be derived from the Rivery project. There was discussion regarding the ancillary properties not included in this development agreement. Weber said he feels the development of Rivery Town Road will be very important, and his company is ready to pay their contribution of the construction of that road. Lyda said he would not obligate the city taxpayers to fund the infrastructure needed to support the development. Weber asked if an agreement could be made in order to get the project underway. There was discussion that negotiation would need to take place with the City staff, and concern was expressed that there is a third partner in the venture that has not indicated a willingness to participate. City Council Meeting Minutes/March 6, 2001 Page 1 of 8 Pages Pfiester asked Garry Kimball of First Southwest Company to share some financial options for "bridging the gap" between the amount provided by the developer and the amount needed to fund the project. Kimball spoke to Council about a Public Improvement District (PID) with the developer providing the "front-end" financing. He said the PID would require a three- to four-year lead time and the projects on the traffic improvement list would need to be staged. He suggested taking the funding from the developer along with funding from the City equal to the amount from which the public would benefit and begin the infrastructure improvements. There was discussion regarding the financing of "the gap," and how assessments could be levied. -... the Library Needs Assessment F.FiG Lashley and VerRa • rowniRff (this item was pulled after the agenda packet was assembled) Regular SessionTo convene Executive Session, 5:07 p.m. - convened Executive Session C Sec.551.071 consultation with attorney - Pending Litigation - City and George Russell, in his official capacity as Acting City Manager and Officer for Public Information v. John W. Cornyn, Attorney General of Texas; Cause No. 00-0453; In the Supreme Court of Texas - 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 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 5:35 p.m. -- returned to Open Session Kersch announced that the City Manager would speak to Mr. Weber regarding the Council's decision regarding development of the Rivery. 5:36 p.m. -- Recessed Open Session Regular Session Called to order at 6:25 p.m. F Comments from the dais regarding the following items: 1. Opening Comments and Welcome to Audience Kersch gave a brief overview of Council Meeting Procedure. 2. Mayor's Comments - Short Charter Review Kersch reviewed the qualifications for eligibility to serve on Council. 3. Council Calendar - National League of Cities Conference March 8 through 13 - Joint Meeting with Chairs of Boards and Commissions on March 19 City Council Meeting Minutes/March 6, 2001 Page 2 of 8 Pages - 35th Annual Texas Legislative Conference in New Braunfels March 22-23 - Legislative Mid -Year Report in Austin March 30 - Performance Planning Training Session on Monday, April 2 from 3:00 p.m. to 7:00 p.m. 4. Discussion of Upcoming Workshops - Requirements for connectivity of roads Code enforcement options, i.e., ordinance posibilities to close gaps on repeat offenders - Driveway Separation Standards - Cox Cablevision - Administrative Policy Development re. Council -appointed staff - Joint Meeting with the Economic Development Commission - Joint Meeting with Georgetown Independent School District Board of Trustees 5. List of Topics from Executive Session Banks read a list of items discussed by Council in Executive Session on Monday, March 5 and and Tuesday, March 6. 6. Reports from Councilmembers 7. Reports from Councilmembers regarding committee assignments - Capital Area Planning Council - no report - Facilities - no report - Finance - Bain announced the next meeting will be Thursday, March 29, 10:00 a.m. - Fire and Police - Navarrette announced that there will be a meeting on March 14, 3:00 p.m. re. Fire Services - Planning and Development - Lyda announced that there will be interviews of the RFP responses on March 22 and 23 - Sanitation - no report - Utilities and Transportation - no report - Williamson -Burnet County Opportunities - no report G Reports from Boards and Commissions - Economic Development Commission - rescheduled for April 10 - Airport Board Steve Johnston, Chair, commended Airport Manager Travis McLain. He gave a general overview of the Board's activities over the past year. He commented on the number of citizens who have attended the Airport Board Meetings to complain about the noise at the airport. He asked that the Council meet with the Airport Board to deal with airport issues involving growth. - March 27 Council Meeting: Parks and Recreation and Planning and Zoning - Determination of Boards to report at future meetings April 10 - Economic Development Commission April 24 - Youth Advisory Board H Report from City Manager on issues affecting City Operations -- George Russell - Status of Benold School Bus Issue Russell told Council of a meeting between the school district and the neighborhood. Briggs told Council there is an agreement not to move the school buses through the school playground and said it is up to the Principal of Frost Elementary to present a solution to the School Board for approval, including possible alterations to the operation of the after-school program. - American Public Power Association 2000 Safety Award Russell commended Briggs and the City's Electric Utility Department for having received this award. - American Society of Civil Engineers Award Russell noted that Camp, Dresser and McKee has received the Engineering Excellence Award for the design of the Georgetown Southside Water Treatment Plant. - Late -breaking "headlines" Russell announced the rescheduling due to rain of the Grand Opening of the McMaster Athletic Complex at 10:00 a.m. Saturday, April 10. Kersch welcomed and Bain handed out City of Georgetown lapel pins to scouts visiting the Council Meeting. Action from Executive Session items from Monday, March 5 and/or Tuesday, March 6, 2001 Russell noted that there are still a number of issues involving the Rivery Development, and an economic impact analysis and a traffic impact analysis will need to be done to enable Council to make decisions on City Council Meeting Minutes/March 6, 2001 Page 3 of 8 Pages the development. J Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate No citizens registered with the City Secretary to address the Council on items not already posted on this agenda. K Consideration and possible action to approve a Resolution Amending and Restating Resolution No. 021301 -CC -2 Ordering a Special Election in Georgetown, Texas To Be Held In Conjunction With the General Election on May 5, 2001, For The Purpose of Seeking Voter Response to the Question of Increasing the Sales Tax In The City of Georgetown By One -Half of One Percent -- Micki Rundell pulled by Kersch (See Regular Agenda) L Consideration and possible action to approve a resolution appointing the election officials for the May 5, 2001 General Election for the City of Georgetown -- Sandra D. Lee M Consideration and possible action to approve a resolution for the temporary closure of portions of Business U.S. 81 (Austin Avenue) during specific times on Saturday, April 7, and Sunday, April 8, 2001, due to the Red Poppy Festival -- Kevin Stofle and David Morgan N Consideration and possible action to authorize the Mayor to execute a Lease -Purchase Agreement with Avtank Corporation for two (2) self-service avgas dispensers at the Georgetown Municipal Airport -- Travis McLain and Verna Browning pulled by Lyda (See Regular Agenda) O Consideration of a resolution authorizing the Release of a Special Assessment Lien against property currently owned by Clara Carter -- Marianne Banks Banks noted that this item would be brought back on the next agenda. P Consideration and possible action to approve the vacation of two right-of-way and utility easements -- Don Ward and Jim Briggs Q Consideration of a resolution authorizing the City Attorney to issue a quitclaim deed to be filed abandoning the northern one hundred and twenty (120) feet of the unpaved and previously abandoned Montgomery Street right of way located between Block 8 and Block 9, Rucker & Hodges Addition, also known as the western ten (10) feet of Lot 2 and the eastern ten (10) feet of Lot 3, Block K, South San Gabriel Urban Renewal, City of Georgetown, Williamson County, Texas, located south of West 8th Street -- James Babcock Motion by Tonn, second by Navarrette to approve the Consent Agenda with the exception of Items K, N, and O. Approved 7-0. K Consideration and possible action to approve a Resolution Amending and Restating Resolution No. 021301 -CC -2 Ordering a Special Election in Georgetown, Texas To Be Held In Conjunction With the General Election on May 5, 2001, For The Purpose of Seeking Voter Response to the Question of Increasing the Sales Tax In The City of Georgetown By One -Half of One Percent -- Micki Rundell (pulled by Kersch) Banks and Kersch explained the item, saying that the tax revenue can only be used for transportation issues. Kersch asked Banks to bring back a timetable on the use of the 4B Corporation regarding this issue, and the composition of the board. Lyda noted several type-o's in the resolution and asked for clarification on the language. City Council Meeting Minutes/March 6, 2001 Page 4 of 8 Pages Motion by Bain, second by Lyda to approve the Resolution with the type-o's corrected. Approved 7-0. N Consideration and possible action to authorize the Mayor to execute a tease -Purchase Agreement with Avtank Corporation for two (2) self-service avgas dispensers at the Georgetown Municipal Airport -- Travis McLain and Verna Browning (pulled by Lyda) Lyda expressed concern about the language regarding the lease of the dispensers, and the lack of a notice provision and asked that the staff not consider this lease in the decision to re -bid in the future. Deputy City Attorney Gary Martin explained that the lease is a standard lease provided by the Avtank Corporation and that most of the language is not in the City's purvue to change. Motion by Lyda, second by Pfiester to approve with the stated corrections, with the automatic renewal removed, and to include a notice provision. Approved 7-0. R Consideration and possible action to establish the process related to the composition, charge, and scheduling for the Charter Review Committee and the Redistricting Committee -- MaryEllen Kersch *in regard to the Charter revision, we're puitting out an RFP to reformat our Charter. Banks clarified that the Council had directed her to find someone who would actually do the Charter revision, not put out an RFP. Mayor agreed with the clarification, restating that they would need to "reformat our current Charter, along the lines of a model, incorporating our current provisions, but making it concise, cleaning up the language, making it usable, readable, in compliance, and having accomplished that, we will look at having review with input initially to exclude redistricting issues awaiting the redistricting decision. With regard to redistricting, we will have a workshop, and get someone to come and present implications of the various options and choices. Then the Council will develop a specific charge. We;ll have a small committee, probably consisting of one person from each district and a couple of other people." * (this verbatim information is provided at the request of Mayor Kersch and approved by Council at the March 27, 2001 Council Meeting) S Consideration of an application by the Georgetown Police Department for grant funds from the U. S. Department of Justice, Office of Community Oriented Policing Services -- Making Officer Redeployment Effective (COPS MORE) to be used to purchase in -car computer systems -- David Morgan ra AMA a a a N We WA I *in regard to the Charter revision, we're puitting out an RFP to reformat our Charter. Banks clarified that the Council had directed her to find someone who would actually do the Charter revision, not put out an RFP. Mayor agreed with the clarification, restating that they would need to "reformat our current Charter, along the lines of a model, incorporating our current provisions, but making it concise, cleaning up the language, making it usable, readable, in compliance, and having accomplished that, we will look at having review with input initially to exclude redistricting issues awaiting the redistricting decision. With regard to redistricting, we will have a workshop, and get someone to come and present implications of the various options and choices. Then the Council will develop a specific charge. We;ll have a small committee, probably consisting of one person from each district and a couple of other people." * (this verbatim information is provided at the request of Mayor Kersch and approved by Council at the March 27, 2001 Council Meeting) S Consideration of an application by the Georgetown Police Department for grant funds from the U. S. Department of Justice, Office of Community Oriented Policing Services -- Making Officer Redeployment Effective (COPS MORE) to be used to purchase in -car computer systems -- David Morgan Administrative Lieutenant Kevin Stofle explained the grant application to Council. He said Georgetown Police Department is asking for $100,000 and noted that the grant requires a 25% match which would come from the Seizure Fund. He gave Council the advantages of allowing the officers to use the computers including allowing them to make their reports without leaving their watch, and bring up statistical information at neighborhood meetings. There was discussion as to the amount and utilization of the Seizure Fund. Motion by Tonn, second by Hoyt to approve the grant application. There was much discussion. Motion by Navarrette, second by Lyda to amend the previous motion to ensure that the grant must come back to Council for acceptance. Russell asked Navarrette if he would prefer to apply for a higher amount of funding in order to be able to provide computers for the entire fleet of patrol cars. Navarrette said he would like a timeframe as to when the computers would be supplied. Russell noted that at the end of a three-year warranty period the computers would need to be replaced and there would be additional expense at that time. Stofle also noted that there is an operating cost for the use of the airways. Lyda said he wants to make sure we have a complete picture of all the costs involved before accepting the grant. City Council Meeting Minutes/March 6, 2001 Page 5 of 8 Pages Kersch called for the vote on the amendment. Denied 3 to 4. (Tonn, Bain, Hoyt, and Burson opposed) Kersch called for the vote of the original motion. Approved 7-0. 8:00 p.m. -- recessed 8:08 p.m. -- returned to Open Session (Councilmember Bain left the dais due to illness) Kersch noted that she has asked that o Russell* prepare a form to be submitted for all grant applications. She suggested that Council respond to tell Russell* if they have items they would like to see on the form. (*as corrected by Kersch at the March 27, 2001 Council Meeting) T Consideration and possible action to approve a contract amendment to the existing professional services agreement between the City and Camp, Dresser and McKee Engineering, Inc. (CDM) to provide engineering services related to the West Loop Water Line, Phase 5, System Improvements, in the amount of $127,080.00 -- Don Ward and Jim Briggs Briggs noted that this project has been in the CIP list since 1989, the pipe will be suspended on the bridge and the road and pipeline will be bid at the same time to save time and money. Pfiester noted that once this line is complete, the City will have the ability to expand at the Southside Treatment Plant. Motion by Lyda, second by Pfiester to approve the contract amendment with Camp Dresser and McKee Engineering. Approved 6-0. (Bain absent) U Consideration and possible action to approve a contract amendment to the existing professional services agreement between the City and Camp, Dresser and McKee Engineering, Inc. to provide engineering services related to the rebid of the Pecan Branch Wastewater Treatment Plant in the amount of $50,000 -- Don Ward and Jim Briggs Briggs noted that CDM has borne the price of the redesign, and this additional cost covers the rebidding process. He noted that the project is on schedule to be completed by the time the capacity is needed. Motion by Pfiester, second by Lyda to approve the contract amendment. Approved 6-0. V Consideration and possible action to approve a contract amendment to the existing professional services agreement between the City and Camp, Dresser and McKee Engineering, Inc. (CDM) to provide engineering services related to the Serenada East, Phase 2, Wastewater System Improvements, in the amount of $62,900.00 -- Don Ward and Jim Briggs Briggs noted that this is the next phase of wastewater lines and lift station for the recently annexed area. He noted that quite a few of the residents have requested letters from the City to show that the line is coming to their area due to the need to rehab or replacement of their septic systems. Motion by Pfiester, second by Tonn to approve the contract amendment. Approved 6-0. W Consideration of approval of an agreement with Nextel Communications, Inc. to lease space on the City of Georgetown's James Street water tank for the purpose of installing cellular antennas and to compensate the City of Georgetown in the amount of $1,100.00 per month or $13,200.00 annually -- William Adams and Jim Briggs Briggs noted that Assistant City Attorney Riedel has met with Nextel since the last Council Meeting and has made a number of changes in the agreement at Council's request. Riedel explained the changes. Lyda expressed concern about a section of the lease that he says has still not been sufficiently addressed. Riedel asked Council for an opportunity to leave the Chamber to work with the Nextel representative regarding that section of the lease and asked to come back to Council before the end of the meeting with possible revised wording to the lease. Kersch asked that Council get their input to Riedel by Friday so a workshop can be held at the next meeting to determine if a compromise can be met. X Consideration of authorizing the disposition of two parcels of land through sale to adjacent owners and/or requesting bids for the purchase of the property, and consideration of the designation of the use of the proceeds of the sale for park purposes based upon the recommendation from the Parks and Recreation Board -- Marianne Banks City Council Meeting Minutes/March 6, 2001 Page 6 of 8 Pages Banks informed Council of the limited size of structure that could possibly be constructed on the smaller parcel. It was determined that a bid would not be required regarding the sale of property to adjacent property owners. Navarrette asked Council to consider developing the property as pocket parks. He asked to establish council policy concerning the disposition of property of this type. Banks noted that the smaller tract is +gat* suitable for building according to the zoning ordinance, and the larger tract requires a sealed bid auction. (*as corrected by Kersch at the March 27, 2001 Council Meeting) Jim Dillard, 1404 Maple Street, told Council that his property and that of his neighbor, Bobbie Sigala, are adjacent to the site. He reviewed the limited access to the property and reminded Council that the property is currently costing the City money. Burson noted that the smaller tract is not suitable for building. He said he thinks the City should make it a park so that people who are walking by can stop and rest. Motion by Burson, second by Navarrette to disapprove the consideraiton of sale of this property. Approved 6-0. Y Consideration and possible action on a resolution and/or minute action giving direction to staff on issues to support/oppose during the Texas Legislative Session -- Marianne Banks Banks asked Council for input regarding participation in the legislative session. Lyda noted that the items listed by TML are taken care of by TML. Kersch suggested that a letter of support from Georgetown would aid TML in their efforts. Motion by Tonn to classify each part on which the City wants effort and asked that if a "bad" bill comes forward, the Council be notfied. Banks asked Council to let her know if there were specific issues that they wished to have supported. Navarrette suggested writing letters from the Council to the City's state elected officials, and move forward to Item Z. Banks noted that if TML calls and asks for support from the City of Georgetown, the Council needs to give authority to Russell. Tonn restated his motion to give the City Manager authority to participate in support or opposition to specific legislation of interest to the City on which the Council has enacted policy. Kersch restated the motion as: to authorize the following activitites: in an instance where anything under a City policy is being jeopardized then the Council would authorize a resolution and letter to TML Motion by Tonn, second by Hoyt to authorize the activities as stated by the Mayor. Approved 4-2. (Lyda and Navarrette opposed) Z Discussion and possible action regarding the filing of House Bill No. 1973 and the potential of acquiring lobbying services regarding the same -- Jim Briggs Briggs told Council that he has been notified that this bill could pose an economic restriction on the City's ability to transfer water. He said it sets a dangerous precedent in allowing watersheds to control water, and said it has negative financial impact on the City because we have a contract pending on Colorado River water. He suggested that the City hire Bryan Sledge of Lloyd, Gosselink Law Firm to attempt to defeat this bill. He said he has also spoken to the City of Round Rock, LCRA, and Chisholm Trail SUD. He estimated needing to budget up to $10,000 for this service. He said it has been suggested that Council pass a resolution at the next Council Meeting to be passed along to our elected representatives. Banks suggested that if Council directed the specific provisions to be included in the resolution, one could be prepared and forwarded. Motion by Lyda, second by Tonn to authorize up to $10,000 for the purpose of hiring Bryan Sledge of the Lloyd, Gosselink Law Firm to provide lobbying services for the City in regards to this bill. Approved 6-0, AA First Readings 1. First Reading of an Ordinance Rezoning Crestview Addition, Unit Two, Block 3, Lot 7, from RO, Residential Office with a Site Plan, to RO, with a revised Site Plan, located at 2004 Williams Drive -- Carla Benton and Amelia Sondgeroth Benton read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Lyda, second by Tonn to approve the ordinance on first reading. Approved 6-0, 2. First Reading of an ordinance amending Part 2, Part 2 District Regulations, R -MH Residential Manufactured Home and renaming it as Residential High Density (R -HD) district (a.k.a. the HDR District) -- Verna Browning City Council Meeting Minutes/March 6, 2001 Page 7 of 8 Pages Browning told Council that the Planning and Zoning Commission was not able to make a decision on this item on their agenda last night because the three new members on the Commission felt they didn't yet have enought information to make a decision. She said the Planning and Zoning Commission had issues regarding parking, lease parks, and enforcement of skirting, steps, and decks. She provided Council with copies of an article from the Sunday Sun about the Pecan Branch Manufactured Home Community on Highway 971, and copies of additional changes from the Housing Working Group. John Gavurnik answered questions for Council and there was further discusion. Banks noted that the moratorium extension expires on April 13, so Council would need to have a special meeting or accept it on emergency reading on March 27. Council generally agreed to have an emergency reading on March 27. She also cautioned about applying different standards to manufactured housing than for "stick -built" houses. Browning read the issues that were identified by Council at the September 26 Council workshop. There was discussion regarding amendments to the Subdivision Regulations. BB Consideration and possible action on request for proposals (RFP) for contract legal services and possible action and/or direction to staff regarding process and timeline for same -- Clark Lyda Lyda said the RFP Committee (Bain, Burson, Pfiester, and Lyda) has met three times since the February 13 Council Meeting and has prepared an RFP similar to the one prepared by the Austin Independent School District. He asked for comment from Council. Pfiester noted that the City will maintain the current Legal staff for six months in order to provide transition with the possibility of the City legal staff being hired by the contractor. It was noted that the expected timeframe is to have a response back to Council by the end of April. Russell noted that there will be a mandatory meeting on April 16 for anyone planning to submit a proposal. Motion by Lyda, second by Pfiester to authorize the City Manager to proceed with the Request for Proposals with responses to be brought back to the Council by the end of April. Hoyt voiced disapproval of the RFP process, saying Council authorized the hiring of additional legal department staff and has not given the Legal Department sufficient time to operate with those additions. Approved 4-2. (Hoyt and Tonn opposed) Motion by Navarrette to adjourn at 10:18 p.m. The meeting was adjourned at 10:18 PM. proved : f L6t 5 C ayor MaryEllen Kersch City Council Meeting Minutes/March 6, 2001 Page 8 of 8 Pages City Secretary Sandra Lee MINS f"ES OF THE SPECIAL MEETING OF HE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS The meeting was called to order by Mayor MaryEllen Kersch. Council Present: Hoss Burson, Susan Hoyt, Clark Lyda, Llorente Navarrette Regular Session — Called to Order at 6:37 p.m. A Consideration of the appointment of Claude Proctor to the City of Georgetown Zoning Board of Adjustment to replace Joel Lane due to conflict with residency requirements — MaryEllen Kersch Motion to adjourn at 6:44 p.m. Approved: ,k lien Kersch, Mayor 1111 1 1� 07493 Attest: Sandra D. Lee, City Secretary