HomeMy WebLinkAboutMIN 06.11.2002 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:
Gabe Sansing, Doug Smith, Jack Noble, Sam
Pfiester, Farley Snell, Llorente Navarrette
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;
Melissa McCollum, Development Planner
is M 0011,
Called to order at 4:00 p.m.
A Joint Workshop with the Economic Development Commission (EDC) to discuss: 1. the EDC's
structure and committees, 2. the major goals of EDC and each subcommittee, 3. the use of TIP
Development Strategies, Inc. in accomplishing these goals, and 4. the Airesun airport hanger
issue and recommendation.
In attendance from the Economic Development Commission were: Ronald Swain, Ed O'Rourke,
Joe Pondrom, Henry Carr, Dividica Blum, Kathryn Heidemann, Russ Peterman and Gordon
Baker. Staff Liaison, Charlie Walker also attended. Vice Chair Gordon Baker outlined the areas
of discussion at the recent EDC Retreat. He introduced the Chairs of the EDC Subcommittees:
Outreach/Swain, Retention/Blum, Recruitment/Carr, saying he (Gordon Baker) is the Liaison with
the Convention and Visitors Bureau for the EDC. The Subcommittee Chairs explained their
recent activities and there was interaction with the Council. Baker noted that the EDC will work on
an outline of the administration of the TIP contract to be recommended to the Council in the near
future. Baker read a statement from Chair Paula Boggs regarding reporting of minority reports to
the Council from EDC members. Henry Carr distributed his "talking points" and gave Council the
recommendation from the EDC regarding the Airesun airport hangar issue. EDC member,
Kathryn Heidemann, told Council she does not agree with the EDC recommendation.
5:15 p.m. -- Workshop Closed
City Council Meeting Minutes/June 11, 2002
Page 1 of 7 Pages
B
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
C
Sec.551.086 deliberation regarding economic development
- Discussion of Economic Development Prospects
D
Sec.551.074 personnel matters
- Performance Review of Council -appointed employees
- Discussion of City Manager Search
E
Sec.551.072 deliberation on real property
- Purchase, exchange, lease, or sale of real property
• s.
Called to order at 6:00 p.m.
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 explaination of the council meeting procedures.
G Announcements from City Manager
- Update on Airport Master Plan Amendment
Yantis told Council that staff is meeting with TXDOT on June 26 for more information gathering.
- Update on Motorcycle Traffic Unit Status
Yantis said the units were delayed at Harley-Davidson in Austin but should be on the street by the end
of next week.
- Upcoming Events: none
- Late -Breaking Headlines: none
H Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff,
if appropriate
- B. Keith Peshak, 800 Oak Crest Lane, regarding "Airport Board discriminatory practices and other airport
slimey stuff."
Peshak suggested that Council could get the $1 million they need by not building the control tower and
by eliminating staff positions at the airport.
Action from Executive Session items from Monday, June 10 and/or Tuesday, June 11, 2002
Smith said the City and Del Webb have been discussing the rate of recovery of the SIP fees under the 1995
Development Agreement. He said they have also been discussing the amendments necessary to allow Del
Webb to move forward with their revised project. He said, as a way of moving the matter forward, Del
Webb has agreed to pay the City $1 million immediately, with another $700,000 to be paid on September
30, 2002, if the parties can agree on the terms of the Amendment.
Motion by Smith, second by Noble to accept the offer from Del Webb. Approved 6-0. (Evans absent)
Statutory Consent Agenda
J Consideration and possible action to approve the minutes from the Regular Council Meeting on Tuesday,
May 28, and the Special Council Meeting of Wednesday, June 5, 2002 -- Sandra Lee, City Secretary
K Consideration and possible action to approve the purchase of a pump and motor for Well #5 in accordance
with the contract between the City of Georgetown and Operations International, Inc. (OMI) in the amount of
$17,994.90 -- Glenn Dishong, Water/Wastewater Service Manager and Jim Briggs, Assistant City Manager
for Utility Operations (pulled to Regular Agenda)
City Council Meeting Minutes/June 11, 2002
Page 2 of 7 Pages
L Consideration and possible action to approve a resolution to amend and update the City of Georgetown
Employee Cafeteria Plan, the City of Georgetown Child and Dependent Care Reimbursement Plan, and the
City of Georgetown Health Expense Reimbursement Plan -- Carla Bourland, Director of Human Resources
M Consideration and possible action on a Short Form Final Plat for 13.544 acres out of the Clement
Stubblefield Survey and the Ruidoso Irrigation Survey, and replat of a part of Lot 1, Block 4, part of Lots 6,
7, 8, 9, and 10, Block 3, and part of Lot 6 and all of Lot 7, Block 2, Highland Park Revised to be known as
the Georgetown Municipal Complex, located at 300 Industrial Boulevard -- Melissa McCollum,
Development Planner and Amelia Sondgeroth, Director of Planning and Development Services
Navarrette said some of his constituents had met with staff regarding the plans for this building and they
now feel comfortable after that meeting.
N Consideration and possible action on a Public Review Final Plat and Parkland Development Agreement
of 15.05 acres out of the William Addison Survey, to be known as University Park, Unit Two, Section 1,
Phase A, located on the east side of Southwestern Boulevard -- Melissa McCollum, Development Planner
and Randy Morrow, Director of Parks and Recreation and Amelia Sondgeroth, Director of Planning and
Development Services
Pfiester asked about the flood plan engineering. McCollum told him that the applicant has hired David
Chan Engineering to look into the issue.
Motion by Noble, second by Sansing to approve the Consent Agenda with the exception of Item K which was pulled
to the Regular Agenda for action. Approved 6-0.
K Consideration and possible action to approve the purchase of a pump and motor for Well #5 in accordance
with the contract between the City of Georgetown and Operations International, Inc. (OMI) in the amount of
$17,994.90 -- Glenn Dishong, Water/Wastewater Service Manager and Jim Briggs, Assistant City Manager
for Utility Operations (pulled to Regular Agenda)
Motion by Snell, second by Sansing to approve the purchase. Approved 5-0. (Noble abstained)
O Consideration and possible action to name the new Williamson -Burnet County Opportunities Head Start
Facility -- Mayor Gary Nelon
Motion by Snell, second by Navarrette to name the bulding for former Mayor Rawleigh Elliott. Approved
6-0.
P 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 deferred
the item until the
Council
Meeting on June 25, when Brinkley -Sargent Architects is
scheduled to give
a presentation to
Council
on the renovations.
Q Georgetown Municipal Airport
1. Consideration and possible action on the recommendation from the Economic Development
Commission regarding the airport lease with Airesun -- Gordon Baker, Vice Chair of the
Economic Development Commission and Mayor Gary Nelon
This item was handled later in the agenda following Item Q-3.
2. Consideration and possible action to authorize the Mayor to request that the City of Georgetown
be considered by the F.A.A. for the "Cost Sharing of Air Traffic Modernization Project' pilot
program -- Travis McLain, Airport Manager and Tom Yantis, Interim City Manager
McLain explained the cost sharing from the F.A.A. saying the program would pay 1/3 of the cost of
City Council Meeting Minutes/June 11, 2002
Page 3 of 7 Pages
the control tower and 1/3 of the cost of equipment. He said TXDOT would pay half of the City's 2/3
share of the cost of the control tower. Yantis noted that, as a part of the Council's policy on
reviewing grant applications, Rundell had signed the accompanying required financial analysis
form with the understanding that there needs to be an identifiable source for the remaining money
needed for the control tower. McLain said the Airport Board is working on ways to acquire the
additional money.
Penny Burt, 3803 Roble Grande Circle, said she encourages the Council to look at a coherent plan
for the Airport before they enter into a grant.
Keith Peshak, 800 Oak Crest Lane, said he is not opposed to the City applying for grant money,
but would like to have the City's share of the money acknowledged before applying for the grant.
He said there will be another $1.8 million worth of salaries that will need to be paid by the City over
the 20 year period of the control tower. He said the control tower will bring more noise.
Motion by Smith, second by Noble to deny submission of the application.
Pfiester said he is convinced that a control tower is needed as a safety issue and also for noise
issues because it will define landing patterns and glide inclines.
Smith
said the controversies regarding the
Airport
will continue as
long as the Airport exists. He
said if
the Airport is closed, there would be
quite a
cost to remove
the tower.
Sansing said he is a pilot and lives under the flight path. He said he has changed his mind about
the need for the control tower. He said he doesn't believe this type of tower will be an advantage
for safety because it will have no radar. He said he still thinks the application should be done in
case a way to add radar should become available.
Noble said
he hasn't
been convinced
that the
tower
is necessary. He said there needs to be more
discussion
regarding
the
future
of
the
airport
before
building
a tower.
Snell said he thinks anything that encourages more air traffic is not a good idea.
Navarrette said he is concerned that the City will be obligated to the federal government if the
grant is accepted.
Kathryn Heidemann, 407 Golden Oaks Drive, said she feels the City has overbuilt at the airport
since 1999. She said the Master Plan should be revised before any more money is spent at the
airport.
Vote on the motion: Approved 4 to 2. (Pfiester and Sansing opposed)
3. Consideration and possible action to authorize the Airport Advisory Board to form an Airport
Security Subcommittee with non-members of the Board included on the committee -- Travis
McLain, Airport Manager and Tom Yantis, Interim City Manager
McLain explained that the Airport Advisory Board asked that this item be brought back to Council
after having been denied six months ago. When asked, McLain said there are security issues that
the Board thinks need to be studied at the airport, particularly after September 11.
Keith Peshak, 800 Oak Crest Lane, defined general aviation aircraft. He gave his opinion of the
lack of security at Georgetown Airport. He suggested that there are simple things that can be
done to remedy the situation at zero cost.
Tim Sullivan, 30327 Oak Tree Drive, said the only security at the Airport is maintained by the fixed
base operators and flight schools for their own operations. He said the main airport gates open
automatically, allowing unlimited access. He said general aviation airports don't fall under the FAA
requirements for security. He asked Council to authorize a subcommittee composed of non -board
members.
Penny Burt, 3803 Roble Grande Circle, said the Airport has a perimeter fence and gate system
that is moderately successful in keeping out deer. She said she supports the formation of a
security subcommittee, saying she thinks the City needs to know who has access to airport
City Council Meeting Minutes/June 11, 2002
Page 4 of 7 Pages
facilities and equipment.
Motion by Pfiester, second by Navarrette to approve the formation of the Security Subcommittee.
Sansing said he thinks there should be professional security people on the committee and
someone from the police department as well as citizens.
Noble said he thinks the staff needs to handle the issues and bring back a solution.
Navarrette said because this it is a public airport that all citizens should be allowed access, and
access should not be limited to those who have leases at the Airport.
There was further discussion, and Yantis noted that the Georgetown Police Department did work
the recent case when a plane was stolen from the Georgetown Airport, but there are no regular
police patrols at the Airport. McLain said the plane that was stolen was taken by a friend of the
owner who had been able to learn the combination lock on the hangar, had been in the plane with
the owner, and knew where the keys were hidden.
Vote on the motion: Approved 5-1. (Noble opposed)
Q Georgetown Municipal Airport
1. Consideration and possible action on the recommendation from the Economic Development
Commission regarding the airport lease with Airesun -- Gordon Baker, Vice Chair of the
Economic Development Commission and Mayor Gary Nelon
Baker, Vice Chair of the Economic Development Commission (EDC), introduced Subcommittee
Chair, Henry Carr, who gave Council the recommendation from the EDC to approve the proposed
lease transfer with the following terms: 1. Lease the full 82,700 sq -ft (61,950 sq. ft. Banner facility
plus 20,750 sq. ft. adjacent); 2. Airesun to asphalt pave an additional 8,400 sq -ft within the
adjacent space; 3. Any building construction or expansion will require Council approval; 4. Extend
the lease term to a full 20 years with a 10 -year option; 5. City to obtain an appraisal to help
determine current market lease rate; 6. Use the current revised lease contract subject to City
Attorney review; and 7. City Attorney to review lease contract for existing structure insurance
requirements, and for city's legal authority to perform lease transfer without a bidding process.
Pfiester asked and was told by Carr that there was no consideration for the value of the hangar,
because they feel that private business should manage and maintain those facilities. Smith asked
and was told that there are seven certified mechanics and perhaps a couple of other administrative
positions at Airesun. Sansing confirmed that there is an escalation clause in the lease, based on
the CPI of the Dallas Metroplex.
Keith Peshak, 800
Oak
Crest Lane, told Council he
thinks $1
million
has
been spent inside the
hangar in question.
He
suggested that the Council
go to the
airport
and
walk through the hangar.
Don Dison, 200 River Bend Drive, said the City has no real capital investment in any of the
buildings at the Airport. He owns and operates a business at the Airport, saying he has spent
$500,000 on his airport business. He referenced the Bible, the United States Constitution, and the
Century Plan. He urged Council to approve the lease.
Fred List, 444 Logan Ranch Road, told Council that the "Garrett" aircraft, which is the kind of plane
that Airesun mantains, is one of the noisiest planes.
Kathryn Heidemann, 407 Golden Oaks Drive, said in her opinion, all the facilities at the Airport are
undertaxed. She said she is preparing a report that she will provide to Council regarding the value
of the facilities at the Airport.
Penny Burt, 3803 Roble Grande Circle, said the City should investigate the failure to comply with
local government code provisions for sale or lease of public property. She referenced the on-going
case regarding the batting cages. She questioned the noise that would occur due to the
operations of the business at this location. She said in the noise study that is being conducted, the
consultant is recommending that the City purchase a "hush house" at a cost of $900,000 that she
said would only reduce noise levels by 15 decibles and would not be adequate for the noise level
that would occur with this tenant. She suggested that Council issue a policy regarding who should
City Council Meeting Minutes/June 11, 2002
Page 5 of 7 Pages
pay for controlling ground noise at the Airport. She asked Council to table action on this item until
Council has dealt with these issues.
Ricky Peterson, employed by Airesun, said he has come before the Council three times now since
February 26, 2002. He asked Council to please make a decision. He said he has worked at the
airport for 20 years, and they have been running Garrett engines since 1983, and will be running
one tomorrow morning.
Motion by Pfiester, second by Noble to accept the recommendation from the EDC with one
change, not to extend the lease beyond the existing term. Pfiester explained his reasoning.
Dison, from the audience, said the airport leases allow the lessees to turn over the hangar or
disassemble and remove it at the end of the lease. Snell said he would be uneasy about
extending the lease due to the undetermined future of the airport. Yantis said the Council already
assigned this lease in February in its existing term, saying the action being sought with this item is
to request an extension of the term of the lease.
Motion by Smith, second by Pfiester to amend the motion to exclude the requirement on the
EDC's recommendation that says the City will obtain an appraisal to determine current market rate.
Approved 4-2. (Snell and Navarrette opposed)
Vote on original motion as amended: Approved 5-1. (Snell opposed)
There was discussion about the recommendation from the EDC regarding the City obtaining an
appraisal to determine the current market lease rate.
Kathryn Heidemann, 407 Golden Oaks, told Council that the Rates Subcommittee was told that the
low rates were intended to be economic incentives to entice companies to lease at the
Georgetown Airport.
R Boards and Commissions
1. Consideration and possible action to appoint additional members to the Georgetown Youth
Advisory Board -- Mayor Gary Nelon
This item was pulled from consideration by Nelon.
2. Consideration and possible action to approve the appointment of individuals to the
Transportation Improvement Sub -committee of the Georgetown Transportation Enhancement
Corporation for the purpose of creating a Transportation Improvement Plan and a long-range
Comprehensive Plan for the City of Georgetown -- Jim Briggs, Assistant City Manager for Utility
Operations and Tom Yantis, Interim City Manager
Yantis and Pfiester explained the item. Navarrette expressed concern about the need for Council
to receive more information regarding this item. Motion by Snell, second by Noble to approve the
appointment. Approved 5-1. (Navarrette opposed)
3. Consideration and possible action on review of the By -Laws for the Historic and Architectural
Review Commission (HARC) -- Joseph Burke, Chair, Historic and Architectural Review
Commission and Mayor Gary Nelon
This item was pulled by Chair Joseph Burke.
S Second reading of an ordinance providing for the annexation into the City of 2.35 acres, more or less, in
Section Five of the Wood Ranch Subdivision, including part of lots 1 and 2, and all of lot 3, located at the
northeast corner of the intersection of D.B. Wood Road and State Highway 29 -- Ed Polasek, Chief
Long -Range Planner and Amelia Sondgeroth, Director of Development Services
Polasek read only the caption of the ordinance on second reading. Motion by Pfiester, second by Sansing
to approve Ordinance No. 2002-36. Approved 6-0.
T First 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
City Council Meeting Minutes/June 11, 2002
Page 6 of 7 Pages
(north) at 1106 North Austin Avenue -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director
of Planning and Development Services
Ray explained the item and read only the caption of the ordinance on first reading after having
satisfied the requirements of the City Charter. Ray noted that due to the slope and proximity to
the park across the street, staff is recommending limited use. He said the application was
submitted prior to the adoption of the land use map. When asked by Smith, Ray said the
probable use might be for a restaurant. Motion by Smith, second by Sansing to approve,
consistent with staff recommendations. Approved 6-0.
The meeting was adjourned at 07:40 PM.
City Council Meeting Minutes/June 11, 2002
Page 7 of 7 Pages
Secretary Sandra Lee