Loading...
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