HomeMy WebLinkAboutMIN 02.13.2001 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:
Lee Bain, Charles "Hoss" Burson, Ferd All Council present
Tonn, Llorente Navarrette, Sam Pfiester,
Clark Lyda, Susan Hoyt
Staff Present:
George Russell, City Manager; Marianne Banks, City Attorney; Sandra Lee, City
Secretary; Tom Yantis, Assistant City Manager/Director of Information Resources; Jim
Briggs, Assistant City Manager/Director of Community -Owned Utilities; Micki Rundell,
Director of Finance and Administration; Verna Browning, Director of Community
Services; David Morgan, Chief of Police; Pablo Holguin, Director of Organizational
Development; Travis McLain, Airport Manager; Kevin Stofle, Police Lieutenant; Laurie
Brewer, Controller; Terry Jones, Purchasing Director; David Munk, Development
Engineer; Carla Benton, Development Planner
Called to order at 4:08 p.m.
A Discussion of facility issues regarding C3 facility, City Hall, Animal Services, Park Maintenance and
Administration relocation, and the Airport Terminal and tower -- Terry Jones and Micki Rundell
Russell told Council the facility issues are dividied into two phases. He explained that the C3 Building was
purchased in November 2000 to house the City divisions of Community -Owned Utilties, the City
Warehouse, Information Resources, and possibly to be a temporary Council Chamber and meeting rooms
during the renovation of City Hall. He said the Parks Maintenance Department would then move to the old
Community -Owned Utilities compound in the park. He estimated the construction time to be approximately
six months at a cost of $2.4 million. He said Phase It would move Human Resources, Development
Services, the Vehicle Service Center, and the Utility Office to the C3 Building, allowing a drive -up window
for the Utility Office and covered storage for maintenance vehicles and a fueling and was bay for a cost of
approximately $2 million. He said the total renovation cost would be approximately $4.5 million.
Russell noted that additional facility issues involve moving the Animal Shelter to the old pumps building for
$350,000, reverting the administrative space at the Recreation Center to work-out rooms for $150,000. He
said the renovation of City Hall is expected to cost $1,135,000 to increase the size of the Council Chamber,
provide more meeting rooms and better restrooms.
Regular Session --
To
convene Executive
Session, if necessary
Called to order at 4:48 p.m.
to convene Executive Session
City Council Meeting Minutes/February 13, 2001
Page 1 of 14 Pages
Executive Session
B
Sec.551.071 consultation with attorney
G
- Pending Litigation
H
-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. Comyn, 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)
I
-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)
J
-Potential Litigation
-Code Enforcement Actions
-Legal Advice concerning agenda items
C
Sec.551.072 deliberation on real property
-Purchase of property for use for city facilities
-Acquisition of right of way for Country Club Road
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
Called to order at 6:06 p.m.
F
Comments from the dais regarding the following items:
G
- Opening Comments and Welcome to Audience
H
- Mayor's Comments
- Need for future committees: salary review, redistricting, charter revision
- Opening on Library Board
Mayor announced the need for another member.
- Meetings with Williamson County Mayors/Rep. Krusee/Judge Doerfler
- Meetings with Texas Department of Transportation
Kersch reviewed the above two meetings.
I
- Council Calendar
- Joint Meeting with Williamson County Commissioners on February 13 at noon
- Induction and orientation of new board and commission members on February 15
- Boards and Commissions Banquet on February 23
- Joint Meeting with Chairs of Boards and Commissions on March 5
- National League of Cities Conference March 8 through 13
- 35th Annual Texas Legislative Conference in New Braunfels March 22-23
J
- Discussion of Upcoming Workshops
- Requirements for connectivity of roads
- Code enforcement options, i.e., ordinance posibilities to close gaps on repeat offenders
- Adoption of a Council Ethics Ordinance in March/Ethics Review
- Redistricting
- Charter Review in March
- Council Salary Review at next Council Meeting
- Review of Chisholm Trail Special Utility District proposal
- Joint Meeting with the Economic Development Commission
- Joint Meeting with Georgetown Independent School District Board of Trustees
K
- List of Topics from Executive Session
Banks listed the items discussed by the Council during Executive Session on Monday, February 12
City Council Meeting Minutes/February 13, 2001
Page 2 of 14 Pages
and Tuesday, February 13, 2001
L - Reports from Councilmembers
- TML Legislative Briefing -- Lee Bain
Bain relayed information gained by attendng the Briefing.
M - Reports from Councilmembers regarding committee assignments
- Capital Area Planning Council
Hoyt noted the next meeting would be held in two weeks.
- Facilities
Tonn gave a report of the meeting held on February 6.
- Finance
Bain announced that the next meeting will be on February 22.
- Fire and Police
Navarrette gave a report of the meeting held on February 7.
- Planning and Development
Lyda announced that a new Director has been hired for Development Services.
- Sanitation
Burson had no report.
- Utilities and Transportation
Pfiester gave a report on the meeting held on January 30 and said the next meeting will be on
February 20.
- Williamson -Burnet County Opportunities
Tonn had no report.
N - Reports from Boards and Commissions
- Status report from Georgetown Youth Advisory Board - Brenda Culver
The members told Council about upcoming events for the Board
O Report from City Manager on issues affecting City Operations -- George Russell
- New Director for Development Services
Russell reported that Amelia Sondgeroth has been hired as the Director of Development Services.
- Off -premise sign proposal
Russell noted that this will be discussed at Item 00.
- Status of development ordinance RFP process
Russell noted that this will be discussed at Item NN.
- Status of Benoid School traffic problem
Briggs reported on the status of meetings with school officials.
- Texas Independance Day Parade in Austin on March 2
Yantis invited Council to ride on the City Float.
- Late -breaking headlines
Russell noted that construction on Main Street is being done at night so as not to effect downtown
businesses and that the City is spending $40,000 more to do this at night to avoid effecting their
businesses.
Russell told Council that Micki Rundell will contact them to set a date for a performance measure
workshop.
P Action from Executive Session items from Monday, February 12 and/or Tuesday, February 13, 2001
There was no action from Executive Session.
O Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff,
if appropriate
Robert Howard of Williamson -Burnet County Opportunities (WBCO) regarding property for
expanded Head Start Program
Robert Howard spoke to Council about needing property on which to expand the Head
Start Program. Russell noted an action item would be placed on a future agenda.
Gerry Anderson, 1551 C.R. 104, regarding the following: (1) As a concerned citizen will ask Clark
Lyda to apologize to Mr. Tonn; (2) will ask Clark Lyda for his resignation; and (3) will talk about City
of Georgetown lawsuits.
City Council Meeting Minutes/February 13, 2001
Page 3 of 14 Pages
Anderson blamed Kersch and Lyda for the criticism received by Tonn and Banks
regarding the special election.
Kersch noted that Anderson had spoken regarding an item on which he was not posted to
speak. She read a prepared response regarding the reason for the possibility of a special
election.
R Consideration of minutes of the Workshop and Executive Session of Monday, January 22, and the Regular
Meeting of Tuesday, January 23, 2001 -- Sandra Lee
Kersch suggested two corrections to the minutes of Tuesday, January 23, 2001.
S Consideration of approval to purchase a tractor in the amount of $20,966.00 from the Houston Galveston
Area Council -- Terry Jones and Micki Rundell.
T Consideration and possible action to approve an agreement, between the City of Georgetown and 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 -- Jim Briggs and William Adams
Pulled by Lyda. See Regular Agenda.
U Consideration and possible action to approve the purchase of bioxide chemicals from U.S. Filter/Davis
Process Products, of Sarasota, Florida, in an amount not to exceed $40,000.00 -- Jim Briggs and William
Adams
V Consideration of approval to renew the contract with National Tree Expert Company, Inc., to provide
electric system right-of-way clearing services for January 1, 2001 through December 31, 2001, in the
amount of $150,000.00 --Jim Briggs and Michael W. Mayben
Pfiester asked and Briggs responded regarding performance measures regarding this contract.
W Consideration of and possible action to amend the Airport land lease with Trinity Aviation, L.L.C. by
removing the hangar expansion provision -- Travis McLain and Verna Browning
Pulled by Lyda. See Regular Agenda.
X Consideration of and possible action to terminate an Aiport Ground Lease with Richard O. Morrison for
approximately 1/4 acre of airport property and to authorize staff to refund Morrison's $5,000.00 development
fee payment --Travis McLain and Verna Browning
Y Consideration of a resolution granting a petition for annexation into the City of 31.0964 acres, more or
less, in the Nicholas Porter Survey, located along Northwest Boulevard -- Melissa Murphy and Dave Hall
Z Consideration and possible action on a Public Review Final Plat of 7.42 acres in the Rivery Subdivision
Conveyance Plat, Lot 3, located on S. IH35 at the proposed Rivery Boulevard, to be known as The Rivery
Park, with Variances to the Subdivision Regulations -- David Munk and Dave Hall
Pulled by Lyda. See Regular Agenda.
AA Consideration of acceptance of the City's Quarterly Financial Report, which includes the
Quarterly Investment Report for the Quarter Ended December 31, 2000 -- Laurie Brewer and
Micki Rundell
Lyda asked and Rundell responded to several questions including releasing the open
purchase order on the renovations to the shotgun house.
Motion by Bain, second by Lyda to approve the Consent Agenda with the corrections to the minutes
and with the exception of Items T, W, and Z. Approved 7-0.
City Council Meeting Minutes/February 13, 2001
Page 4 of 14 Pages
Legislative Regular Agenda
T Consideration and possible action to approve an agreement, between the City of Georgetown and 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 -- Jim Briggs and William Adams (pulled from Consent by
Lyda)
Briggs explained the proposed agreement. Lyda asked to move this item to the end of the agenda.
W Consideration of and possible action to amend the Airport land lease with Trinity Aviation, L.L.C. by
removing the hangar expansion provision -- Travis McLain and Verna Browning (pulled from Consent by
Lyda)
Lyda asked
and McLain
responded to several
questions concerning the timing of the stormwater drain pipe
installation.
Motion by
Hoyt, second by Bain
to approve the amendment to the lease. Approved 7-0.
Z Consideration and possible action on a Public Review Final Plat of 7.42 acres in the Rivery Subdivision
Conveyance Plat, Lot 3, located on S. IH35 at the proposed Rivery Boulevard, to be known as The Rivery
Park, with Variances to the Subdivision Regulations -- David Munk and Dave Hall (pulled from Consent by
Lyda)
This item was moved to the end of the agenda.
BB Consideration of the recommendation by
the Citizens
Committee on
Community Needs and Funding
regarding a proposed sales tax increase
-- Lee Bain
and MaryEllen
Kersch
Richard Anderson of the Citizens Committee on Community Needs and Funding, recognized the members
of the Committee who were present in the audience. He reviewed the charge from the Council and
recounted the activities of the Committee. He read the report from the Committee to the Council,
recommending that the Council place on an election ballot a 1/2 cent sales tax increase, through a 4B
corporation, to be used only for transportation.
Bain commended the Committee. Pfiester asked how the Committee recomends that the sales tax
increase be promoted. Anderson noted that members of the Committee have expressed the willingness to
promote the sales tax increase by speaking to community groups.
Kathy Heidemann, said she had hoped that the Committee would have been willing to spend more time in
deliberation. She said specifics need to be made about where the money would be spent. She said money
should be spent on a Parks Plan before money is gathered for parks.
Julia Allen, representing the Chamber of Commerce, told Council that the Chamber supports placing the
1/2 cent sales tax issue on the ballot due to desiring to be proactive in transportation funding. She thanked
the Committee for their time.
There was discussion regarding the timeframe for calling the election, regarding the activity of and Council's
authority over the current 4B corporation. Lyda asked and Banks responded regarding Council's limited
rights to speak about the sales tax increase issue. Banks noted that the Council could not expend funds to
promote, but could speak as individuals regarding the proposed sales tax.
Frank Parmenter,
commended the
work of the Committee, and noted
that
he would not
be able to vote on
the issue because
he lives outside
the City Limits. He noted that the
City
is receiving more
sales tax
revenue now than
ever before and
questioned whether an increase in the
sales tax was
really
needed.
Della Green asked Lyda to talk to the Citizens Memorial Association before pulling money away from the
"shotgun house." She told Council she is against an increase in the sales tax. She said she thinks roads
are a responsibility of the County and State and that the needs of the City's children for parks and the
library should be addressed. Burson noted that Georgetown is one cent behind every other city in Texas in
sales tax. He said he thinks our parks system and our library is as good as any city of this size in Central
Texas. Green talked about recent increases in taxes. She was corrected by the Council and told that the
City had lowered the property tax. Kersch said, as evidenced by the presence of the Georgetown Youth
Advisory Board at this meeting, the City has a high regard for young people.
City Council Meeting Minutes/February 13, 2001
Page 5 of 14 Pages
Navarrette
also
thanked
the
Committee and reiterated that the issue of an increased
sales tax
will be
decided by
the
voters at
the
election. He suggested that Council discuss limiting the
duration
of the tax.
Jim Brown said he thinks the Committee's recommendation is not project specific and should not be done
now. He suggested that the Council appoint a Transportation Committee to determine how the tax revenue
should be spent. He noted that a lot of the revenue would be spent on projects to be constructed by the
State to help get the projects started.
There was discussion about modifying the name and the bylaws of the 4B corporation to address the sales
tax issue.
Larry Morgan, told Council that he had spoken at the Funding Committee Public Hearing in favor of the
increase in sales tax for transportation. He noted that the sales tax increase in Round Rock was very
needed and continues to help the transportation problems there.
CC Consideration of a resolution calling a General and possibly a Special Election to be held on Saturday,
May 5, 2001, ordering a runoff election, if necessary, and establishing procedures for said elections --
Sandra Lee
Della Green asked to encourage anyone who might be running for the General Election to please refer to
the State Election Laws and the City Charter regarding qualifications to run
Jim Brown suggested alternative wording for the sales tax issue on the ballot, specifically including
drainage and maintenance.
Lee noted two changes in the resolution calling the General Election. Motion by Bain, second by Pfiester
to approve calling a General Election. Approved 7-0.
It was suggested that ballot
wording
and changes
to the 4B bylaws
to be brought back on the next agenda.
Motion by Bain, second by
Pfiester
to approve a
Special
Election.
Approved
7-0.
8:17 p.m. - recessed
8:34 p.m. - returned to Open Session
DD Consideration and possible action regarding a presentation of the web site redesign for the Convention and
Visitors Bureau, update on codification process, and status of Council e-mail addresses -- Shelly Cameron
and Tom Yantis
Yantis and Cameron demonstrated the new Convention and Visitors Bureau web site design. Kersch asked
that the historic district or downtown square be on the cover sheet for the site. Yantis noted that staff is
working on putting the code of ordinances and minutes on the City's web site. He said the code
enforcement tracking system will go onto the web site this week so that people can report code
enforcement incidents that will be entered on-line and updated periodically. Yantis told Council the City can
assign them specific e-mail addresses on the City's e-mail system.
TT -4 First Reading of an ordinance rezoning South San Gabriel Urban Renewal, Block U, Lot 9, from RS,
Residential Single Family to RM -3, Office and Service District, or any more restrictive use, located at 501
W. 6th Street -- Carla Benton and Dave Hall
Benton read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. Kersch noted that she had heard there was a request to pull the item. The applicant's
attorney, Jeff Avant, told Council he would like to have time to research the neighborhood response and
asked that Council allow him to defer the item to the next meeting.
Lyda noted that the item had been deferred to this date at the applicant's request. Banks confirmed that at
least 20% of the property owners within 200 feet of the subject property were signers on the petition
opposing the rezoning.
Avant explained the efforts made by the owners of the subject property. He distributed a handout
concerning the use of the property as provided by Urban Renewal in 1976. He showed Council a map
showing the distance of the property from the nearest residential use. He said the property is not suitable
for residential use. He asked Council to approve the RM -3 zoning designation.
Joyce Perry told Council she owns property directly across from the subject property. She asked that the
City Council Meeting Minutes/February 13, 2001
Page 6 of 14 Pages
property not be rezoned. She said she represents families in the neighborhood, and said she feels the
zoning designation should not have been changed. She said she feels the reason the Gaults changed
lawyers is because their former attorney, Jack Webernick works with Councilmember Bain, so the
neighborhood had decided in a neighborhood meeting to ask Bain not to vote for that reason.
Bain noted that his only connection with Webernick is that he offices in his building, and his decision will be
based on the merit of the issue.
Jo Gadison asked Council why Gault's bail bond company couldn't be located there since there is already a
bail bond company in the area.
Jackie Martin, representing the Tanksley estates, said she is confused about the information she received
at the neighborhood meeting. She said she and her family are in favor of the rezoning.
Della Green, 1901 Vine Street, said she thinks the issue is the use. She said this would be the fifth bail
bond company in the area. She said the clientel of the bail bond company is the problem.
Keith Peshak asked Council to consider the zoning, consider the use, and consider what they want for
Georgetown.
Lyda asked Avant if RM -3 is the only zoning designation that the client would accept. He asked if the client
was still opposed to RM -2 zoning. Avant replied was that the client would take RM -2 zoning if the client did
not have to live on premises. Banks noted that Council has the authority to place conditions on the site.
There was discussion regarding buffering.
Motion by Lyda, second by Navarrette to deny the rezoning. Approved 4-3. (Burson, Bain and Tonn
opposed)
Avant asked if he would be allowed to re -propose. Lyda noted that the applicant could return and apply for
a lesser zoning.
GG Discussion of merits of restructuring of legal services division and/or solicitation of proposals for
contract legal services and possible action and/or direction to staff regarding process and timeline for same
-- Clark Lyda
Lyda asked Council to focus on how to best address the City's current legal requirements. He asked that
Council put out an Request for Proposal (RFP) in order to make an educated decision between an in-house
legal department and an outside vendor. There was much discussion. Pfiester noted that "it's not the staff,
it's the magnitude of what's hitting Georgetown." He said he would like to see a bid on a turnkey basis, and
that Council should respond, not necessarily to the lowest bid, but to firms who specialize in some of the
areas with which the City is dealing. He said he thinks all staff should be retained for six months to provide
continuity and that Council should determine a method to proceed. Kersch noted that this is an
uncomfortable item that Council must handle and that it is not meant to be personal. Hoyt and Bain said
they felt Council had already directed Banks to hire another person, which she has now done. Bain
cautioned that commiting to a process before receiving the information is premature. Lyda emphasized that
this is not personal.
It was determined that a Council Subcommittee be appointed to write the RFP. Kersch appointed Bain,
Lyda, Pfiester, and Burson to the Subcommittee.
Motion by Lyda, second by Navarrette to appoint a Council Subcommittee composed of Burson, Bain,
pfiester, and Lyda to prepare an RFP to be brought back to the Council for approval. Approved 4-3. (Hoyt,
Bain and Tonn opposed)
Della Green, 1901 Vine Street, asked for clarification on the procedure for hiding the City Attorney and
asked if the hiring of a firm is in the Charter. She said she feels that the Council is "micro -managing" when
they enter into the management of any of the City divisions.
EE Consideration of cancelling or rescheduling the first regular Council Meeting and first special workshop
and executive session in March, 2001 -- MaryEllen Kersch
Motion by Lyda, second by Pfiester to reschedule the meetings to Monday, March 5 and Tuesday, March
6, 2001. Approved 7-0.
FF Discussion and possible action to provide direction to staff, or other action, on the following City facilities:
C3 Building, City Hall, Parks Maintenance Facility, Animal Shelter -- George Russell
Lyda asked and Rundell responded regarding the funding for the airport tower. Council generally agreed
that they would like to see the City facilities dealt with as soon as possible. Lyda said he thinks proceeding
soon is the economical way to go. He asked and Rundell responded that the proceeds from the Country
Club Road bond issue could be used for the Main Street project. Russell noted that an estimate of the size
City Council Meeting Minutes/February 13, 2001
Page 7 of 14 Pages
This item was handled after Item II -1 below.
II Boards and Commissions
1. Consideration and possible action on charges and by-laws for Boards and Commissions as per
Monday night workshop discussions -- MaryEllen Kersch
Riedel distributed to Council copies of the revised by-laws. There was discussion and changes
were made. Motion by Lyda, second to Navarrette to approve the by-laws with the stated
corrections. Approved 7-0.
HH Consideration of approval of an
of the bond package is needed.
to extend the
Motion by Tonn, second by Lyda to proceed with the bond issue for the C3 Building, Parks Maintenance
applications for manufactured
Facility, Animal Shelter, and City Hall and to direct the City Manager to bring back a contract with an
April 13, 2001
architect for design services for City Hall. Approved 7-0.
10:40 p.m. -- recessed to Executive Session
11:10 p.m. -- returned to Open Session
T
Consideration and possible action to approve an agreement, between the City of Georgetown and 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 -- Jim Briggs and William Adams (pulled from Consent by
Lyda)
Motion by Lyda, second by Navarrrette to defer this item to the next meeting. Approved 7-0.
Z
Consideration and possible action on a Public Review Final Plat of 7.42 acres in the Rivery Subdivision
Conveyance Plat, Lot 3, located on S. IH35 at the proposed Rivery Boulevard, to be known as The Rivery
Park, with Variances to the Subdivision Regulations -- David Munk and Dave Hall (pulled from Consent by
Lyda)
Munk provided Council with a new plat with a change in the easement notation at Note 18. Munk explained
that impervious transfers were allowed in exchange for access to the park. Motion by Lyda, second by
Pfiester to approve Item Z with the deletion of Plat Note 9. Banks noted that the percentage of impervious
cover is required.
Rider Scott, representing Rivery Partners, noted that the architect, Roberto Garcia, has worked closely with
staff and this item was approved unanimously by the Planning and Zoning Commission. He said Note 9
captures what the City agreed to when the City acquired the parkland in 1996. He provided a copy of a
letter from Bob Hart to Greg Hall regarding impervious cover credit.
Lyda withdrew his previous motion. Motion by Lyda, second by Pfiester to defer this item to the MaFGh
February* 27 Agenda. Approved 7-0. (*as corrected by Lyda at Council Meeting on 2-27-01)
GG
Discussion of merits of restructuring of legal services division and/or solicitation of proposals for
contract legal services and possible action and/or direction to staff regarding process and timeline for same
-- Clark Lyda
This item was handled earlier after Item TT-4 above.
HH
Consideration of approval of an ordinance on emergency reading to extend the suspension of
applications for manufactured housing development
projects
until
April
13,
2001
-- Verna
Browning
This item was handled after Item II -1 below.
II Boards and Commissions
1. Consideration and possible action on charges and by-laws for Boards and Commissions as per
Monday night workshop discussions -- MaryEllen Kersch
Riedel distributed to Council copies of the revised by-laws. There was discussion and changes
were made. Motion by Lyda, second to Navarrette to approve the by-laws with the stated
corrections. Approved 7-0.
HH Consideration of approval of an
ordinance on emergency reading
to extend the
suspension of
applications for manufactured
housing development projects until
April 13, 2001
-- Verna Browning
Browning explained that she had not been able to finish the required work to get the ordinance completed
before the deadline. She read the entire ordinance. Motion by Tonn, second by Hoyt to declare an
emergency. Approved 7-0. Motion by Tonn, second by Hoyt to approve Ordinance 2001-09.
Approved 7-0.
Due to the lateness of the hour (11:45 p.m.), Council determined to finish this Council Meeting tomorrow at 3:00 p.m.
Banks noted that the applicant on Item Z was willing to settle for 7-9% 80%* and asked Council if they would be
City Council Meeting Minutes/February 13, 2001
Page 8 of 14 Pages
willing to reconsider Item Z at the continuation of the meeting tomorrow. Motion by Lyda, second by Bain to
reconsider Item Z. Approved 7-0. (*as corrected by Lyda at the Council Meeting on 2-27-01)
Motion by Lyda, second by Navarrette to recess this meeting at 11:50 p.m. until 3:00 p.m. tomorrow, February 15.
Approved 4-3. (Burson, Hoyt, and Tonn opposed)
The Continuation of the Meeting was called to order at 3:00 p.m. on Wednesday, February 14, 2001
Council present: Kersch, Lyda, Pfiester, Bain, Hoyt, Burson
II Boards and Commissions
2. Consideration of approval of adjustments to the member appointments made at the January 23,
2001 Council Meeting and appointment of Chair Persons to City Boards and Commissions --
MaryEllen Kersch
Motion by Bain, second by Pfiester to approve the adjustments. Approved 4-0. (Hoyt absent
from dais.)
3. Notification of expansion of the membership of the Housing Authority by the appointment of two
members -- MaryEllen Kersch
Riedel explained the autonomity of the Housing Authority. She noted that the Director of the
Housing Authority, Ernest Lincoln, is present and has concerns about the Council's ability to
appoint representatives to the Authority.
Ernest Lincoln, Director of the Housing Authority for 32 years, asked why the Council is appointing
two additional members to the Authority. He spoke of the difficulty in getting them trained before
their term expires. He also asked the Mayor to consider minority appointments next year. He
asked about the appointment of a second tenant member to the Authority. Kersch explained that
he should check with Assistant City Attorney Cathy Riedel.
4. First Reading of an ordinance amending Title 2 of the Code of Ordinances entitled
"Administration" to establish the Economic Development Commission, the Parks and Recreation
Board, and the Youth Advisory Board -- Cathy Riedel
Riedel read the caption and the changes made after publishing and providing to the City Secretary
according to the requirements of the City Charter. Motion by Bain, second by Pfiester to approve
on first reading. Approved 5-0.
5. First Reading of an ordinance amending Title 2 of the Code of Ordinances to amend Chapter
2.48, city Planning and Zoning Commission, Chapter 2.64, Building Standards Commission,
Chapter 2.68, Georgetown Convention and Visitors' Board, and Chapter 2.72, Library Board --
Cathy Riedel
Riedel read the caption and the changes made after publishing and providing to the City Secretary
according to the requirements of the City Charter. Motion by Bain, second by Burson to approve
the ordinance on first reading. Approved 4-1. (Hoyt opposed)
6. First Reading of an ordinance repealing Section 2.36.010, Section 2.36.020, and Chapter 2.52 of
the Code of Ordinances relating to City Commissions, Committees and Boards and the Capital
Area Planning Council, respectively -- Cathy Riedel
Riedel read only the caption of the ordinance after having satisfied the requirements of the City
Charter. Motion by Pfiester, second by Bain to approve the ordinance on first reading.
Approved 4-1 (Hoyt opposed)
JJ Council Policy
1. Consideration of Revision to Council Subcommittee Policy to allow
subcommittees to have authority to review and approve recommendations
to revisions to City Council Policies, and to require minutes of subcommittee
meetings to be kept in compliance with the Open Meetings Act -- Marianne
Banks
Banks explained that the tape recordings satisfy the need for minutes. She
suggested that Council may want to revise their policy due to the Council's
previous direction that the Subcommittees would be advisory to the Council
and could not make decisions. Motion by Pfiester, second by Lyda that the
City Council Meeting Minutes/February 13, 2001
Page 9 of 14 Pages
KK Grants
policy on Council Subcommittees be that at the specific direction of the
Council, subcommittees may provide information and recommendations to
the Council as a whole. Hoyt said she is opposed because some
workshops might be by-passed. Approved 4-1. (Hoyt opposed)
2. Consideration and possible action to develop a policy relating to
administrative oversight responsibilities regarding our City Manager, City
Secretary, City Attorney, and Municipal Judge -- MaryEllen Kersch
Kersch spoke on the subjects of notifcation and absence, and policy
regarding leave, travel, and coverage in absence. Lyda suggested this item
be a future workshop discussion. Motion by Lyda, second by Bain to defer
to a future workshop. Approved 5-0.
Tonn took his place on the dais.
3. Consideration and possible action to direct staff regarding requesting
amendments to the Public Information Act and Open Meetings Act
through our elected representatives -- Marianne Banks
Banks said she has learned that there are no revisions to the Open Meetings Act or
Public Information Act being suggested by the legislature. Lyda asked and Banks
explainied the difficulties in communication due to the Open Meetings Act. Banks noted
that the City of Plano has taken issue with an Attorney General opinion regarding
submitting a copy of every public information request to the Attorney General's office.
Russell recommended that Council identify the areas of concern for the City, meet with
our representatives, and see if something can be drafted and taken forward, and this
needs to be done fairly quickly. Kersch asked for input on identification of the areas.
Banks received direction from the Council to seek legislative support regarding the
clarification of the issues raised in the recent Attorney General (AG) suit concerning the
attorney/client privilege, attorney work product doctrine, and consulting expert's privilege;
the ability to rely on the AG opinions issued on similar documents so as not to have to
submit as many requests to the AG for ruling; and clarification of the Open Meetings Act
definition of meetings to allow Council to receive information outside of posted meetings
so that the Council is able to make an informed decision when the item is presented to
the Council for decision. Motion by Pfiester, second by Bain to approve directing staff.
Approved 6-0.
Applications
1. Consideration of and possible action to authorize staff to request FAA Entitlement
Grants from the Texas Department of Transportation (TXDOT) for airport street
improvements and/or other council approved eligible airport projects in the amount of
$150,000.00 for Federal FY 2001, $150,000.00 for Federal FY 2002, and $150,000.00 for
Federal FY 2003 -- Travis McLain and Verna Browning
McLain noted that this grant is coming at a good time to improve the airport streets. Lyda
expressed concern that the expenditure by the City might not be worth the advantage of
receiving the grant. Lyda asked Rundell about the reserve fund and whether there would
be enough money in that fund to pay for this grant and the tower grant as well.
Jim Brown said he called the Texas Department of Transportation (TXDOT) and found out
more details about the grant, and said after looking at the streets, he feels an engineering
study should be done before making a decision on accepting this grant. He said the
money looks like a good deal and it might be available to use for the tower project.
Bain questioned McLain about response to TXDOT by the deadline of February 9, and
McLain told Council that he had responded to TXDOT that the City would accept
contingent upon Council approval.
Motion by
Bain, second
by
Pfiester to approve the application to be used at Council's
discretion.
Approved 5-1.
(Lyda opposed)
City Council Meeting Minutes/February 13, 2001
Page 10 of 14 Pages
2. Consideration of a resolution authorizing the Mayor to sign applications, contracts, and
agreements with the State of Texas for state funds for the construction of an airtraffic
control tower subject to inclusion in the FAA Contract Tower Program, and the
consideration of authorization of bonds or other options to finance the City's share of the
costs -- Travis McLain and Verna Browning
McLain noted that he has not received formal written notification that the City has
qualified, but he has received verbal confirmation from TXDOT. He explaiined that the
City would split the cost of the tower with the FAA and FAA would pay 100%. of the labor
for the employees of the control tower.
Navarrette entered the dais.
Keith Peshak
warned Council
that a
control tower would allow large planes such as
Freight 727's
to land and take
off at
Georgetown Airport.
Pfiester described the traffic at the Georgetown Airport. He said a control tower is
needed to provide safety for general aviation. He said the regional commercial airport will
be at Robert Gray Army Airfield in Temple. Lyda pointed out that this will be a VFR tower,
not a radar tower.
Rundell reviewed the funding options. Lyda said he thinks there should be some way to
attach the costs of the airport to the airport users. Motion by Pfiester, second by Tonn to
authorize the Mayor to execute the applications, contracts, and agreements that would
allow the City to apply for a grant for an FAA Contract Control Tower. Approved 7-0.
3. Consideration of authorization to apply for a grant of $17,000 from the Georgetown
Library Foundation to pay for the hardware, software, one year's maintenance, and
consultation necessary to separate the Library's public access computers from the City's
computer network -- Eric Lashley and Verna Browning
Lashley told Council this grant would allow the separation of the employee network and
the public access network, in order to provide security for the City network. He said a
portion of the expense would be $8,400 for a consultant to set up the network. Motion by
Lyda, second by Hoyt to approve the grant application. Approved 7-0.
Acceptance
4. Consideration and possible acceptance of a grant of $9,678.00 from the Texas
Workforce Commission for Kid City Summer Camp -- Kelli McMahan and Randy Morrow
McMahan told Council that the Summer Camp is a joint effort between the City and GISD.
She explained that the Texas Workforce Commission contacts the City each year.
Motion by Navarrette, second by Bain to approve the acceptance of the grant.
Approved 7-0.
5. Consideration and possible action regarding the approval of a $2,000 grant from the
Texas Historical Commission -- Debbie Charbonneau and George Russell
Charbonneau and Russell noted that this item on a previous agenda was for two grants.
Russell explained that the other grant was not economically feasible. Charbonneau noted
that this grant money would be used for Georgetown to host Historic Preservation
workshops to be attended by the other certified local government participants throughout
the state, bringing in hotel/motel tax. Motion by Lyda, second by Pfiester to approve
the grant. Approved 7-0,
LL Consideration
of
a Resolution
expressing official intent to reimburse costs
of certain
infrastructure projects
not to exceed
$1,450,000
with
proceeds
from bonds that
will
be
issued at a
later time
-- Micki Rundell
Rundell noted that in the time since this item was placed on the agenda, she has determined that this
reimbursement is no longer necessary. However, Rundell asked if some money could be set aside to
contract with an architect for design of the renovation of City Hall.
City Council Meeting Minutes/February 13, 2001
Page 11 of 14 Pages
Motion by Lyda, second by Bain to approve an amount not to exceed $100,000. Approved 7-0.
MM Discussion and possible action to provide direction to staff, or other action, regarding the City of
Georgetown's resolution supporting the installation by the Texas Department of Transportation for
pedestrian crossing signals on Austin Avenue at University Drive, Austin Avenue at Williams Drive, and
Austin Avenue at F.M. 971 -- Clark Lyda
Briggs gave Council an update on the status of the requests to TXDOT. He said these locations are being
combined with some sites in Pflugerville, Round Rock, and Taylor, for a May bid letting and construction in
the summer.
NN Consideration and possible action regarding the status of the development ordinance Request Fd
Pro.posa[ (RFP) process -- Clark Lyda
Dave Hall noted that he has received only one response to the RFP letters that were mailed out. He said
the bids are due in by March 7 at 3:00 p.m.
00 Consideration and possible action regarding the status of the off -premise sign proposal by the builders'
association -- Clark Lyda
Hall said he has received a submittal from Mark Putska of Georgetown Village. He said he will put an item
on the next Council Agenda,
PP Consideration and possible action regarding the status of the sidewalk plan -- Clark Lyda
Briggs and Mark Miller displayed a preliminary draft map of the locations of sidewalks. He noted that this
will need to be coordinated with the new Development Services Director once she has started. He spoke of
needing to develop a specific sidewalk plan and a funding network.
QQ Consideration and possible action regarding the status of the Rivery development agreement -- Clark
Lyda
Russell said there will actually be two agreements (the City and Quorum and the City and Rivery Partners).
He gave Council an update on the status of the Rivery development activities. He said there is a lot of
discussion taking place with the Quorum Group.
RR Consideration and possible action regarding the status of the driveway separation requirements -- Clark
Lyda
Hall said he has assigned Leane Heldenfels to do some research on this issue and will be able to bring
back some information in March.
At this time, Council returned to re -consideration of Item Z.
Z Consideration and possible action on a Public Review Final Plat of 7.42 acres in the Rivery Subdivision
Conveyance Plat, Lot 3, located on S. IH35 at the proposed Rivery Boulevard, to be known as The Rivery
Park, with Variances to the Subdivision Regulations -- David Munk and Dave Hall (pulled from Consent by
Lyda)
Banks noted that there is no correspondence to deal with the impervious coverage issue on the parkland.
Jeff Otto, Attorney representing the Rivery Partners, suggested that the impervious cover be reduced to
80% on lots 1 and 2 and then allow the project to "stand still" to see if there are any other documents
related to the letter written by the City Manager in May, 1999. Lyda said he feels the City could go with 70%
which is what our ordinance allows, and then increase if the documentation can be located. Lyda also
suggested that if the 80% is an issue on those two lots, that could be done and a transfer could be done
later. Banks said there needs to be a document filed in the deed records regarding the remaining 10% to
alert any future owner. Motion by Bain, second by Lyda to approve these two lots as submitted to read
80% impervious cover. Bain asked Banks to get together with Otto and Garcia to prepare something for the
Council to consider.
City Council Meeting Minutes/February 13, 2001
Page 12 of 14 Pages
5:14 p.m. - recessed
5:22 p.m. - returned to Open Session
Motion by Bain, second by Lyda to approve with a revised Note 9 to allow a maximum of 80% impervious
cover and require the filing of a notice in the official records of Williamson County of the transfer of
impervious cover in the amount of .74 acres from the remainder of Lot 3 of the Rivery Subdivision
Conveyance Plat. Approved 6-0. Pfiester asked to have these types of requests specifically noted to
Council on the cover sheet the next time this type of issue arises.
1. Second Reading of an ordinance amending Section 3.04.100 of the Code of Ordinances to
provide for the additional rights authorized by Section 854.202(g) of Title 8, Texas Government
Code, as amended, concerning participation of City employees in the Texas Municipal
Retirement System (TMRS) -- Laurie Brewer and Tom Yantis
Brewer read only the caption on second reading. Motion by Bain, second by Burson to approve
Ordinance 2001-10. Approved 5-1. (Pfiester opposed) (Tonn absent from dais)
2. Second Reading of an ordinance amending Secion 3.04 of the Code of Ordinances,
increasing the City employee deposit rate contributions to the Texas Municipal
Retirement System (TMRS) to 6% and providing for the annual updated service
credits in TMRS on an annual basis -- Laurie Brewer and Tom Yantis
Brewer read only the caption on second reading. Motion by Bain, second by Burson
to approve Ordinance 2001 A 1. Approved 5-1. (Pfiester opposed) (Tonn absent
from dais)
3. Second Reading of an ordinance amending Personnel Policy No. 330 (Section
3.01.365 of the Code of Ordinances) to provide for employer paid dental insurance
coverage for eligible employees in the City's employee benefits program -- Laurie
Brewer and Tom Yantis
Brewer read only the caption on second reading. Motion by Bain, second by Burson
to approve Ordinance 2001-12. Approved 5-1. (Pfiester opposed) (Tonn absent
from dais)
UU Consideration of approval of the 2000-01 City of Georgetown employee dental insurance rates with Fortis
Benefits Insurance Company -- Tom Yantis
Motion by Bain, second by Hoyt to approve the 2000-01 employee dental insurance rates with Fortis
Benefits. Approved 5-1. (Pfiester opposed) (Tonn absent from dais)
TT First Readings
1. First Reading of an ordinance amending the 2000/01 Annual Operating Plan Element (budget)
for the timing of projects originally appropriated in the 1999/2000 Operating Plan -- Laurie Brewer
and Micki Rundell
Rundell read only the caption of the ordinance on first reading after having satisfied the
requirements of the City Charter. Motion by Pfiester, second by Burson to approve on first
reading. Approved 6-0.
2. First Reading of an Ordinance amending Section 26050 of the Subdivision Regulations to
eliminate the need for public review of Record Final Plats when the approved Public Review Final
Plat has not expired -- Jim Babcock and Dave Hall
Babcock said there was no comment received at the Public Hearing held by the Planning and
Zoning Commission on this item, and the Planning and Zoning Commission voted unanimously to
approve. Babcock read only the caption of the ordinance on first reading after having satisfied the
requirements of the City Charter. Motion by Bain, second by Hoyt to approve on first reading.
Approved 6-0.
3. First Reading of an ordinance providing for the annexation into the City of 31.0964 acres, more
or less, in the Nicholas Porter Survey, located along Northwest Boulevard -- Melissa Murphy and
City Council Meeting Minutes/February 13, 2001
Page 13 of 14 Pages
Dave Hall
Babcock only the caption of the ordinance on first reading after having satisfied the requirements
of the City Charter. Motion by Bain, second by Pfiester to approve on first reading. Approved
6-0,
4.
First Reading of an ordinance rezoning South San Gabriel Urban Renewal, Block U, Lot 9, from
RS, Residential Single Family to RM -3, Office and Service District, or any more restrictive use,
located at 501 W. 6th Street -- Carla Benton and Dave Hall
This item was handled previously following Item DD.
5.
First Reading of an ordinance establishing no parking zones on Olive Street from East 7th to
East 8th and on East 8th from Olive Street to a point 336 feet east of the intersection -- Cory
Tschida and David Morgan
Morgan read only the caption of the ordinance on first reading after having satisfied the
requirements of the City Charter. Motion by Burson, second by Lyda to approve the ordinance
on first reading. Approved 6-0.
6.
First Reading of an ordinance amending Section 13.32.120 of the Code of Ordinances relating to
exceptions and exemptions from water and wastewater impact fees -- Marianne Banks
Banks read only the caption of the ordinance on first reading after having satisfied the
requirements of the City Charter. Motion by Lyda, second by Bain to approve on first reading.
Approved 5-1. (Hoyt opposed)
7.
First Reading of an Ordinance amending the City's Single -Member District Plan to include
properties that have been annexed, and a property that has been disannexed, since the May 6,
2000 General Election -- Marianne Banks
Banks read the caption of the ordinance and the description of the propery annexed in Item TT -3
on first reading after having satisfied the requirements of the City Charter. Motion by Bain,
second by Hoyt to approve on first reading. Approved 6-0.
Banks stated that on the Gault rezoning there is a provision in the Zoning Ordinance which could be
interpreted to allow the use proposed by the Gaults, and if that was the case, did the Council have any
interest in placing the rezoning request on the agenda for reconsideration. Lyda noted that it would have to
be one of the Councilmembers on the prevailing side that would have to place the item on the agenda.
Navarrette commented that if it became an issue again, Council should only discuss once all of the
neighbors have been notified that it would be on the Council agenda.
UU Consideration of approval of the 2000-01 City of Georgetown employee dental insurance rates with Fortis
Benefits Insurance Company -- Tom Yantis
This item was handled previously following Item SS.
Motion to adjourn at 6:20 p.m. on Wednesday, February 14, 2001
The meeting was adjourned at 06:20 PM
proved :
ayor MaryEllen Kersch
City Council Meeting Minutes/February 13, 2001
Page 14 of 14 Pages
City Secretary Sandra Lee