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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