HomeMy WebLinkAboutMIN 6/25/2002 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
Gary Nelon presiding.
Council Present: Council Absent:
Llorente Navarrette, Gabe Sansing, Doug Smith, All Council Present
Jack Noble, Sam Pfiester, Farley Snell, Ken Evans
Staff Present:
Tom Yantis, Interim City Manager; Patricia Carls, City Attorney; Sandra Lee, City Secretary;Jim Briggs,
Assistant City Manager for Utility Operations; Amelia Sondgeroth, Director of Development Services;
Charlie Walker, Economic Development Director; Travis McLain, Airport Manager; Keith Hutchinson,
Public Information Officer; Ed Polasek, Chief Long -Range Planner; Bobby Ray, Chief Current Planner;
Carla Benton, Development Planner
There was no Policy Workshop at this meeting.
A
Sec.551.071 consultation with attorney:
-Pending Litigation
-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)
-City v. Doug and Doris Pierce; Cause No. 00-552-C26 (26th District Court, Williamson County)
--Rivery Partners, Ltd. v. City of Georgetown, Cause No. 01-695-C368 ( 368th Judicial District of Williamson County)
-Georgetown Healthcare v. Electa Oncology, Cause No. 01-340-C368 (368th District, Williamson County)
- Potential Litigation
- Code Enforcement Actions
- Legal Advice regarding agenda items
- Discussion of the legal implications of the request to assign the Quorum development agreement to a
related entity
B
Sec.551.086 deliberation regarding economic development
- Discussion of Economic Development Prospects
C
Sec.551.074 personnel matters
- Performance Review of Council -appointed employees
- Mid -point Evaluation of City Secretary
- Discussion of City Manager Appointment and Employment
D
Sec.551.072 deliberation on real property
- Purchase, exchange, lease, or sale of real property
E
Sec.551.086 competitive matters
- City Council will go into Executive Session under Chapter 551 of the Texas Government Code to discuss matters or
take action on a "competitive matter" of the Energy Services Department as provided for under Section 551.086
City Council Meeting Minutes/June 25, 2002
Page 1 of 8 Pages
1 - Consideration and possible action to approve payment, to McCord Engineering, to provide engineering services
related to the planning, design, and review of the City's electric system improvements, system construction, system
expansion (due to development), and system mapping -- Mike Mayben, Energy Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
2 - Consideration and possible action to approve an amendment to the City's Wholesale Power Agreement with the
Lower Colorado River Authority (LCRA) -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City
Manager for Utility Operations
3 - Consideration and possible action regarding the City of Georgetown Agreement with Calpine Energy Services
4 - Consideration and possible action to approve a contract for Technical Services, between the City of Georgetown
and Schweitzer Engineering Laboratories, Inc., to provide Substation Breaker Relay Testing and SCADA Integration
Services at the San Gabriel, Georgetown and Rivery Substation locations -- Mike Mayben, Energy Services Manager
and Jim Briggs, Assistant City Manager for Utility Operations
Regular Session
F Comments from the dais regarding the following items:
- Opening Comments and Welcome to Audience -- Mayor Gary Nelon
Mayor Nelon welcomed the audience and gave a brief explanation of Council Meeting procedures.
- Announcement of Vacancies on City Boards and Commissions
- One (Alternate) on Planning and Zoning Commission
- One on Historic and Architectural Review Commission
G Announcements from City Manager
- Upcoming Events
There were none.
- Late -Breaking Headlines
There were none.
H Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff,
if appropriate
- Jeff Gilbert, 3009 Brangus Road, regarding the "Airport Control Tower and Airport issues in general."
Gilber relinquished his time to Don Pfiester.
- Don Pfiester, 3311 Deer Trail, regarding the "Airport Control Tower and Airport issues in general."
Pfiester acknowledged that he is the brother of Councilmember Sam Pfiester and is a member of
the Airport Advisory Board, but said he was speaking for himself. He said he thinks the Airport is a
"jewel," the "best real estate deal" in Georgetown. He disputed various claims of the "anti -airport
group." He encouraged the Council to support the Airport and utilize the services of the Airport
Advisory Board to help them make decisions. There were questions from the Council regarding
Pfiester's opinion about the advantage of having a control tower. He indicated he was very much
in favor of a control tower.
- B. Keith Peshak, 800 Oak Crest Lane, regarding "The Sam and Don brothers, their control tower, the big
industrial -commercial building program at the airport authorized by them and passed at the last council
meeting, and Pfiester International Airport that this all enables. People that decide public issues should
publicly declare their financial interests in same."
Note: Peshak had notified the City that he would be unable to attend this meeting and requested
to speak at the next Council Meeting on July 9.
Action from Executive Session items from Monday, June 24 and/or Tuesday, June 25, 2002
Motion by Smith, second by Snell to approve payment to McCord Engineering to provide engineering
services related to the planning, design, and review of the City's electric system improvements, system
construction, system expansion (due to development), and system mapping. Approved 6-0. (Navarrette
absent from the dais)
Motion
by Smith, second by Evans to approve an
amendment to
the City's Wholesale
Power Agreement
with the
Lower Colorado River Authority (LCRA).
Approved 6-0.
(Navarrette absent
from the dais)
Motion
by Smith, second by Noble
to provide notice
of the City of Georgetown's intent to not
renew the
existing
energy services contract
with Calpine for
the calendar year 2003. Approved 6-0.
(Navarrette
City Council Meeting Minutes/June 25, 2002
Page 2 of 8 Pages
absent from the dais)
Motion by Smith, second by Pfiester to approve a contract for technical services between the City of
Georgetown and Schweitzer Engineering Laboratories to provide Substation Breaker Relay Testing and
SCADA Integration Services at the San Gabriel, Georgetown and Rivery Substation locations. Approved
6-0. (Navarrette absent from the dais)
Motion by Noble, second by Evans authorize the City Manager to execute the Assignment and Assumption
of the Rivery Towne Crossing Development Agreement from Quorum Rivery, Inc. to Rivery Towne
Crossing, L.P. Approved 6-0. (Navarrette absent from the dais)
J Consideration and possible action to approve the minutes from the Workshop on Monday, June 10 and the
Regular Council Meeting on Tuesday, June 11, 2002 -- Sandra Lee, City Secretary
K Consideration and possible action authorizing the expenditure of funds from Billing for Services Special
Revenue Account, and authorizing the trade-in of used City equipment on the purchase of a PosiChek 111
Self -Contained Breathing Apparatus Tester with a balance due of $3,201.76 — Anthony Lincoln
Smith asked and Lincoln responded about the current method of doing the testing at Round Rock. Lincoln
said he is concerned about the liability and availability of using someone else's tester and would rather use
a certified tester. Noble confirmed the method of paying for the tester. When asked by Noble, Lincoln
responded that the balance of funds in the Special Revenue Account is $17,000. (pulled by Smith)
L Consideration of an award of the annual bid for BIOMIST mosquito spray to Public Health Equipment and
Supply Company in the estimated annual amount of $15,510.00 -- Mark Miller, Transportation Services
Manager and Jim Briggs, Assistant City Manager for Utility Operations
Noble asked and Miller responded on the method of spraying which is to pull the unit behind a pick-up truck
through the neighborhoods in the early moring hours.
M Council consideration and possible action to approve payment to LCRA for installation and wiring of
substation breaker panels (within the LCRA owned substations) to allow for integration with Georgetown
Utility Systems Electric Distribution and SCADA System -- Mike Mayben, Energy Services Manager and Jim
Briggs, Assistant City Manager for Utility Operations
Pfiester asked Briggs to respond regarding this item having been discussed and approved at the recent
Georgetown Utility Systems Advisory Board Meeting and was approved.
N Council consideration and possible action regarding an award of bid to FAPCO, LLC. for the annual
purchase of Substation Distribution Breakers -- Mike Mayben, Energy Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
Pfiester asked Briggs to respond regarding this item having been discussed and approved at the recent
Georgetown Utility Systems Advisory Board Meeting and was approved.
O Consideration and possible action to approve a First Amendment to the Agreement with JMP Land
Services, L.L.0 for Professional Services to clarify the amount of compensation to be paid to contractor
thereunder -- Jim Briggs, Assistant City Manager for Utility Operations
Briggs was asked and responded that there are several different firms that are used for this service. He
said their service to the City is to negotiate to acquire property for right of way and easements, and to
provide background information and assist the City if condemnation is necessary.
P Consideration and possible action to renew the contract, between the City of Georgetown and I&C Sales
Incorporated, of Carrollton Texas, for SCADA system technical services -- Mike Mayben, Energy
Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Q Consideration and possible action on a Public Review Final Plat of 19.34 acres, out of the John Berry
Survey, to be known as Chisholm Park, Section Two, located on CR 152 -- Carla Benton, Development
City Council Meeting Minutes/June 25, 2002
Page 3 of 8 Pages
Planner and Amelia Sondgeroth, Director of Development Services
R Consideration and possible action on a Public Review Final Plat of 21.45 acres out of the Campbell
Survey, to be known as The Planned Unit Development of Escalera Ranch, Section Three, located on FM
2243(Leander Road) -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of
Development Services (pulled by Pfiester)
S Consideration and possible action on a Public Review Final Plat of 43.137 acres out of the A. H. Porter
Survey, to be known as Planned Unit Development of Cimarron Hills, Phase 2, Section 1, located off
SH 29 and Goodnight Drive -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of
Development Services
Motion by Smikth, second by Noble to approve the Consent Agenda with the exception of Items K and R.
Approved 7-0.
K Consideration and possible action authorizing the expenditure of funds from Billing for Services Special
Revenue Account, and authorizing the trade-in of used City equipment on the purchase of a PosiChek III
Self -Contained Breathing Apparatus Tester with a balance dueof $3,201.76 — Anthony Lincoln (pulled
by Smith)
Smith asked for further information about Lincoln's earlier statement regarding possible liability. Lincoln
explained that borrowing Round Rock's tester or contracting out the testing sometimes takes a week to get
an apparatus tested and returned for use. Motion by Snell, second by Evans to approve the expenditure.
Approved 7-0.
R Consideration and possible action on a Public Review Final Plat of 21.45 acres out of the Campbell
Survey, to be known as The Planned Unit Development of Escalera Ranch, Section Three, located on FM
2243(Leander Road) -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of
Development Services (pulled by Pfiester)
Pfiester confirmed this is where the $1.6 million water line was installed by the City. He asked and Benton
responded that approval of this Final Plat would not change the density. Motion by Pfiester, second by
Sansing to approve the Public Review Final Plat. Approved 7-0.
T Consideration and possible action on direction to staff regarding the breakdown of costs on the
renovations to the City Council Chamber/Municipal Court -- Gabe Sansing, Councilmember
Sansing suggested that the renovations to the Council Chamber/Municipal Court Building be limited to what
is most needed and suggested using some of the proposed savings to "clean up other areas" where
funding is needed. He said he would like to see the money used to give the Community Center a "face lift."
Evans and Noble said they agree there needs to be a breakdown of the costs, but suggested that the action
Sansing was proposing was not posted for this item.
Motion by Sansing, second by Noble to approve asking staff to bring back a breakdown of costs.
Navarrette expressed concern regarding the timeline. Yantis noted that the architect had mentioned that
the facade would cost approximately $300,000. He said the architect has stated that he is within a month of
finalizing the drawings. He said the total cost is not to exceed $1.1 million. Yantis asked and Terry Jones
responded that the City has spent approximately $50,000 so far on architecture fees. He said, if Council
directs Brinkley to substantially revise at this point, that amount could increase. Pfiester and Smith said
they support the proposed renovations. There was further discussion. Approved 5-2. (Snell and Smith
opposed)
U Boards and Commissions
1. Consideration and possible action regarding the applicability of Section 9.01 of the City Charter to
appointed members of the City's advisory boards and commissions -- Sam Pfiester and Farley
Snell, Councilmembers
City Council Meeting Minutes/June 25, 2002
Page 4 of 8 Pages
Pfiester abstained. Snell read his cover sheet. He said the question is whether appointment to a
board or commission constitutes a "position" as used in the language of the City Charter. He
suggested that the ordinance on boards and commissions be amended.
Jerry Fye, 303 Serenada Drive, Chair of the Airport Advisory Board, told Council he wasn't
speaking in an official capacity. He said he believes Don Pfiester works hard to be unbiased in
deliberations on the Airport Board, and asked that the Council continue to allow persons related to
Councilmembers to serve on boards and commissions.
MaryEllen Kersch, 1903 E. 19th Street, told Council she was on the Committee that wrote that
language into the Charter, and said she felt this particular section pertains to positions of
emolument. She pointed out that she had provided to the Council a copy of definitions of the word
"position." She urged Council to follow Snell's advice.
Motion by Snell, second by Evans to direct the City Attorney to draft an amendment to the
ordinance regarding boards and commissions to say that members of boards and commissions
are not considered to be holding "positions" at the City.
Smith said he feels the proper way
to handle
this issue is to
suggest a change to the Charter. He
said
he
is concerned
Main
that
someone
will
Board
file
a
lawsuit
and
and
the
Council
will
Nelon
feel
obligated
to defend.
Vote on the Motion: Approved 4-2 (Smth and Noble opposed) (Pfiester abstained)
Navarrete asked and Carls agreed that this ordinance would be brought back to the next Council
meeting. Snell asked that Pfiester continue to serve on the Airport Board, pending the outcome of
the vote on the ordinance.
2. Consideration and possible action to appoint additional members to the Georgetown Youth
Advisory Board -- Mayor Gary Nelon
Nelon listed the recommended additional members. Motion by Smith, second by Noble to
approve the recommended appointments. Approved 7-0. The following young people were
appointed to the Youth Advisory Board: Sarah Hilliard (9th Grade), Philip May (9th Grade),
Jonathon Ross Soape (9th Grade), Tara Walker (9th Grade), Ashleigh McCord, (11th Grade), and
Melody Kay Varner (11th Grade).
3. Consideration and possible
action
on the Red Poppy Festival 2002 Report
and 2003 Festival
recommendation
from
Main
Street
Advisory
Board
--
Patty
Eason, Chair
and
Mayor
Gary
Nelon
Eason asked Glenda Overfelt to explain the item to Council. Overfelt gave Council a brief history
of the sponsorship of the festival and an accounting of revenue vs. expenditures. She said,
although the Festival last year was not a "for profit" event, the Main Street Advisory Board would
like to use the Festival this year to raise money for the downtown facade fund. She said the fees
to the City were approximately $4500, and asked that the Red Poppy Festival be considered as
one of those events for which the fees are waived.
Yantis read the breakdown of the $4500 charges, including use of off-duty police officers, utlity
staff blocking off the streets, and providng equipment for electric power and water faucets for
vendors, materials for signs, rental expenses, and assembling and disassembling the stage for the
entertainment.
There was further discussion. Navarrette suggested that Hotel Occupancy Tax money be used.
Motion by Snell, second by Evans to approve that the Festival be held on the weekend of April 19,
2003. Approved 7-0.
V Consideration of a resolution granting a petition for the annexation into the City of 1.02 acres, more or
less, in the William Addison Survey, located at the Southeast corner of Summercrest Subdivision, to be
known as Summercrest Water Quality Pond Annexation -- Ed Polasek, Chief Long -Range Planner and
Amelia Sondgeroth, Director of Development Services
Polasek corrected the cover sheet to read July 23 instead of June 23. He explained the item. Motion by
City Council Meeting Minutes/June 25, 2002
Page 5 of 8 Pages
Pfiester, second by Noble to approve. Approved 7-0.
W Consideration of a resolution granting a petition for the annexation into the City of 34.555 acres, more or
less, in the Burrell Eaves Survey, that are the remaining portions of Neighborhood 14, located north of Sun
City Boulevard, to be known as Neighborhood 14 A & B, Sun City Texas -- Ed Polasek, Chief Long -Range
Planner and Amelia Sondgeroth, Director of Development Services
Polasek corrected the cover sheet to read July 23 instead of June 23 and explained the item. Motion by
Noble, second by Evans to approve the resolution. Approved 7-0.
X Consideration and possible action on a Detailed Development Plan for Lot 1, Russell Subdivision,
located at 104 Western Trail, with a variance to the Subdivision Regulations -- Carla Benton, Development
Planner and Amelia Sondgeroth, Director of Development Services
Benton explained the item. Motion by Pfiester, second by Snell to approve the Detailed Development Plan.
Approved 7-0.
Y Consideration and possible action on a Detailed Development Plan for the City of Georgetown, Division
A, 4.34 acres out of Outlots 9, 45 & 46 with a variance to the Subdivision Regulations, located on Railroad
Avenue -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Development Services
Benton explained the item. Motion by Evans, second by Pfiester to approve the Detailed Development
Plan. Approved 7-0.
Z Second Readings
1. Second Reading of an ordinance for a Century Plan Amendment of 3.42 acres, out of the William
Addison Survey to change from Intensity Level 3 to Intensity Level 4, or any more restrictive
classification, located on State Highway 29 east of CR 188 -- David Munk, Development Engineer
and Amelia Sondgeroth, Director of Development Services
Munk read only the caption of the ordinance on second reading. Motion by Pfiester, second by
Navarrette to approve Ordinance No. 2002-37. Approved 6-0. (Snell absent from the dais)
2. Second Reading of an ordinance rezoning City of Georgetown, Division A, Outlot 46, a 1.92 acre
tract, from RM -2, Dense Multifamily district, to C-1, Local Commercial district, or any more
restrictive district, located at 19th and Railroad Street -- Carla Benton, Development Planner and
Amelia Sondgeroth, Director of Development Services
Benton
read only the caption of
the
ordinance
on second
reading. Motion by Evans, second by
Pfiester
to approve Ordinance
No,
2002-38.
Approved
7-0.
3. Second Reading of a Rezoning of 13.403 acres in the Francis A. Hudson and J.S. Patterson
Surveys, from A, Agricultural to I, Industrial, or more restrictive district, to be known as Park
Central One, Section III, located on Westinghouse Road at Park Central Boulevard -- Carla
Benton, Development Planner and Amelia Sondgeroth, Director of Development Services
Benton read only the caption of the ordinance on second reading. Pfiester pointed out that there is
a need for a pump at a cost of $260,000 for adequate fireflow on the waterline that is being built.
He asked for confirmation that approval of this item doesn't obligate the City to pay for the pump.
Briggs was asked to explain. Motion by Pfiester, second by Noble to approve Ordinance No.
2002-39. Approved 7-0.
4. Second Reading of a Rezoning of: 2.80 acres, out of the 1460 Commercial Park Subdivision,
from A, Agricultural to C2A, Commercial First Height, or more restrictive district, located at the
southeast corner of Quail Valley Drive and FM 1460; and, 1.99 acres out of the Horizon
Commercial Park Subdivision, specifically Lots 1 & 2 of Block B, from I, Industrial to C2A,
Commercial First Height, or more restrictive district, located at the southwest corner of Quail Valley
Drive and Texstar Drive -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of
Development Services
Ray read only the caption of the ordinance on second reading. Motion by Navarrette, second by
City Council Meeting Minutes/June 25, 2002
Page 6 of 8 Pages
Noble to approve Ordinance No. 2002-40. Approved 7-0.
5. Second Reading of a Rezoning of 1.812 acres, out of the North Porter Survey, Abstract No. 497,
from RS, Single Family District to RM -2 Dense Multi -Family District, or more restrictive district, and
1.34 acres out of the North Porter Survey, Abstract No. 497 from C2 -B, Commercial Second
Height District to RM -2 Dense Multi -Family District, or more restrictive district, located on the east
side of Janis Drive between Northwest Boulevard (north) and Park Lane (south) to be known
as Ryan's Cove -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of
Development Services
Ray read only the caption of the ordinance on second reading. Motion by Pfiester, second by
Navarrette to approve Ordinance No. 2002-41. Approved 7-0.
6. Second Reading of a Rezoning of approximately 5.7 acres, out of the Nicholas Porter Survey,
from RS, Single Family District to C2 -A, Commercial First Height District, or more restrictive
district, located on the west side of Austin Avenue located (approximately) between Williams Drive
(south) and Apple Creek Drive (north) at 1106 North Austin Avenue -- Carla Benton,
Development Planner and Amelia Sondgeroth, Director of Development Services
Ray read only the caption of the ordinance on second reading. Motion by Sansing, second by
Navarrette to approve Ordinance No. 200242. Approved 7-0.
AA First Readings
1. First Reading of an ordinance amending Section 10.12.090(B.)(6.) of the Code of ordinances to
extend the existing 20 mph school speed zone on Park Lane to its intersection with FM 2338
(Williams Drive) -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City
Manager for Utility Operations
Miller read only the caption of the ordinance on first reading after having satisfied the requirements
of the City Charter. Motion by Evans, second by Sansing to approve on first reading. Navarrette
asked and Miller explained the reason for the ordinance. Approved 7-0.
2. First Reading of an ordinance prohibiting construction traffic along certain streets located within
the Churchill Farms Subdivision -- Mark Miller, Transportation Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
Miller read only the caption of the ordinance after having satisfied the requirements of the City
Charter. Motion by Evans, second by Navarrette to approve the ordinance on first reading. Smith
asked and Yantis explained that this ordinance gives the City an enforcement mechanism in case
there are violations. Approved 7-0.
3. First Reading of an ordinance replacing Section 10.12.070 of the Code of Ordinances to zone for
traffic and rate of speed on RM 2243 (Leander Road) in the City limits; defining speeding and
providing a penalty therefor; declaring what may be a sufficient complaint in prosecutions
thereunder -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City
Manager for Utility Operations
Miller read only the caption of the ordinance on first reading after having satisfied the requirements
of the City Charter. Motion by Pfiester, second by Sansing to approve the ordinance on first
reading. Navarrette asked and Miller explained that this should slow the speed of traffic entering
Georgetown from the west. Approved 7-0.
4. First Reading for a Rezoning of Crestview Addition, unit 1, Block 2, Lot 7, from RS, Residential
Single Family to RM -3, Office and Service Use, or more restrictive district, located at 1614
Williams Drive -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of
Development Services
Ray explained the item.
Fritz Steltzer, 1614 Williams Drive, owner of the subject property, distributed and read a handout to
Council asking them to approve R -O zoning.
City Council Meeting Minutes/June 25, 2002
Page 7 of 8 Pages
Ray read only the caption of the ordinance on first reading after having satisfied the requirements
of the City Charter.
Motion by Pfiester, second by Sansing to approve the ordinance on first reading. Approved 7-0.
The meeting was adjourned at 07:59 PM.
City Council Meeting Minutes/June 25, 2002
Page 8 of 8 Pages
Attest:
IV
City Secretary Sandra Lee