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HomeMy WebLinkAboutMIN 02.12.2002 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: Llorente Navarrette, Clark Lyda, Doug Smith, Jack Noble, Sam Pfiester, Charles °Hoss" Burson, Ken Evans Council Absent: All Council present Staff Present: Tom Yantis, Acting City Manager; Trish Carls, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Laurie Brewer, Controller; Leticia Zavala, Chief Account; Lorie Lankford, Accountant II; Danella Elliott, Administrative Assistant to the Finance Division; Travis McLain, Airport Manager; Anthony Lincoln, Fire Chief; Tom Leggitt, Fire Marshall; Clay Shell, Fire Department Operations Chief; Amelia Sondgeroth, Chief of Development Support; David Hall; Building Official; Melissa Murphy, Development Planner; Carla Bourland, Director of Human Resources; Randy Morrow, Director of Parks and Recreation; Jim Briggs, Assistant City Manger for Utilities Called to order at 4:01 p.m. A Workshop discussion of the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2001 -- Laurie Brewer and Micki Rundell Brewer explained that the Annual Financial Report is required by state law, City Charter and bond covenants and gave a brief slide presentation explaining the types of funds. Brewer introduced Dianne Terrell of Davis, Kinard and Company who commended the Finance Division for preparing the CAFR "in house," and told Council there were no advisory comments for management for the year ended September 30, 2001. B Discussion concerning unexpected and unfunded expenses that have no identified funding source in the current year (2001/02) budget -- Laurie Brewer and Micki Rundell Yantis told Council there have been a number of unexpected and unfunded expenses since the budget was adopted. Rundell listed the various expenses, including those related to the 9/11 tragedy, remediating the mold at Fire Station 2, appraisal and a net increase in expenses for Williams Drive Pool, taxes on Phelan and Village Pool properties, February election and possible runoff for General Election, recruitment of new city manager, legal expenses, and firefigher physicals due to demands related to 9/11 and environmental exposures to mold and hazardous materials. She noted that $108,100 has already been spent and encumbered. She expressed the need for an addtional $23,500 net for Williams Drive Pool, expenses for City Council Meeting Minutes/February 12, 2002 Page 1 of 13 Pages the new city manager, and funds for additional legal services. Yantis noted that the City has received a bill from the Williamson County Appraisal District for taxes on airport hangars. He said that issue is currently being researched by the City Attorney. Lyda requested and was told that the amount of expenses related to the referendum and recall was $59,000 and counting. Rundell noted that there is an excess General Fund balance of $207,000 and the Council Contingency Fund of $150,000. She said Council would determine the funding source and there would need to be a budget amendment the first meeting in March. It was noted that additional funds will be needed in regard to the Charter Review and Redistricting. Both had been budgeted at $10,000 and both have exceeded that amount. 4:28 p.m. -- recessed for Executive Session Regular Session to convene Executive Session, if necessary C Sec.551.071 consultation with attorney: -Pending Litigation -Dome/ v. City, Cause No. 94-020-C368 (368th District Court, Williamson County) -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, 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) -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/Risk Management Issues - Duty to Advise regarding agenda items - Recall Election 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 - Perfornance Evaluation of City Secretary F Sec.551.072 deliberation on real property - Purchase,exchange or lease of real property 6:09 p.m. -- entered Council Chamber to watch a presentation regarding Black History Month 6:23 p.m. -- recessed 6:25 p.m. -- reconvened G Comments from the dais regarding the following items: 1. Opening Comments and Welcome to Audience Mayor gave a brief overview of meeting procedures. 2. Mayor's Comments - Ten O'Clock Rule Mayor explained that Council may make a decision at 10:00 p.m. as to whether to continue the meeting or recess and reconvene on Wednesday evening. 3. Council Comments - Regarding Results of the Recall Election Evans, Smith, Pfiester, Burson, Noble and Navarrette commented. Mayor Kersch *briefly City Council Meeting Minutes/February 12, 2002 Page 2 of 13 Pages commented and said she will publish her comments in a monthly publication called "Top Hat." (*as corrected by Mayor Kersch at the February 26, 2002 Counci Meeting)) 4. Reports from Councilmembers regarding committee assignments - Capital Area Planning Council Noble said he would be attending the General Assembly Meeting in Austin tomorrow. Reports from Boards and Commissions - Main Street Advisory Board Chair Patty Eason told Council they have received two applications for facade funds and the promotions subcommittee is working weekly on the Red Poppy Fesitval to be held on April 6 and 7. She reported on various other activities. She said the Board thanks the Council for allowing the Board to continue participation with the Texas Historical Commission in the Main Street Program. - Zoning Board of Adjustment There was no report. - List of Boards to report at future meetings: Feb. 26 - Building Standards and Convention and Visitors Bureau; Mar. 12 - Historic Architectural Review Commission; March 26 - Williamson Burnet County Opportunities; April 9 - Library Board and Airport Board; April 23 - Parks and Recreation and Planning and Zoning Commission; May 14 - Economic Development and Youth Advisory Board; May 28 - Main Street Advisory Board and Zoning Board of Adjustment H Announcements from City Manager - Update on Del Webb Development Agreement Yantis told Council City representatives will meet with Del Webb next week and will report back at the Council Meeting on February 26. - Upcoming Events Yantis invited everyone to attend the Town Hall Meeting at the Palace Theatre on February 25 at 7:00 p.m. regarding the Land Use Map. - Late -Breaking Headlines There were none. Action from Executive Session Carls noted that the Domel lawsuit has been settled. It was pointed out that the lawsuit began in 1994 and has cost approximately $700,000. She noted that the Wallace lawsuit has been dismissed. She said the Motion for Summary Judgment in the Waterpark Case has been signed. Kersch estimated that the Waterpark Case has cost the City approximately $200,000. Motion by Smith, second by Evans to authorize $25,000 to Bickerstaff, Heath for the recall and other items. Navarrette said he would vote against this motion because it has to do with the Recount. Approved 5-1-1. (Navarrette opposed, Noble abstained due to not having been present for the Executive Session) Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate B. Keith Peshak, 800 Oak Crest Lane, regarding funding the airport control tower from T -hangar rental rate increases and increases on jet fuel. Investment Peshak claimed that the control tower will cause the City to "lose control" at the Airport. He claimed that the Council made a decision "in the middle of the night" to fund the tower with increased rental and fuel rates. He claimed that the City is giving special favors to certain people. Statutory Consent Agenda J Consideration of approval of the minutes from the Regular Council Workshop on Monday, January 21, 2002; and the Workshop and Regular Council Meeting on Tuesday, January 22, 2002; and the Special Meeting on Tuesday, February 5, 2002 -- Sandra Lee K Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Report for the quarter ended December 31, 2001 -- Laurie Brewer and Micki Rundell Lyda asked and Rundell said the revenues and expenses are within expected variances and sales tax is "running right on the mark." City Council Meeting Minutes/February 12, 2002 Page 3 of 13 Pages L Consideration and possible action to accept the report of the independent audit of all accounts of the City, the report to management and the single audit reports for the fiscal year ended September 30, 2001 -- Laurie Brewer and Micki Rundell M Consideration and possible action authorizing library staff to purchase books from Ingram, Inc. in an amount not to exceed $90,000 for fiscal year 2001-02 -- Eric Lashley and Tom Yantis N Awards of Bid 1. Consideration and possible action to award the bid to Southwestern Cornerstone Construction, Austin, Texas, and approve the project budget for construction of the Serenada East — Phase 2 Wastewater System Improvements as part of the 2001/2002 CIP Wastewater System Improvements -- Don Ward and Jim Briggs Pfiester said several of his constituents have asked when this project will be completed. Briggs responded that it would probably be a four- to six-month timeframe for this particular portion of the improvements. He said the entire project could be completed in six to eight months. He said the total project will cost just short of $1 million. 2. Consideration and possible action to award the bid to Basswood Group, L.P., San Antonio, Texas, and approve the Project Budget for construction of the Park to Central (Elevated Storage) Water and Wastewater System Improvements as part of the 2001/2002 CIP Water System Improvements -- Don Ward and Jim Briggs 3. Consideration of an award of the annual bid for janitorial and floor cleaning services to Clean Across Texas in the estimated annual amount of $141,135.00 -- Terry Jones and Micki Rundell O Consideration of authorization to make payments in an amount not to exceed $35,000 to Best Temps to provide temporary office personnel to ensure coverage in City departments when needed -- Carla Bourland and Tom Yantis P Contract Amendments 1. Council consideration and possible action to approve a contract amendment to the existing Professional Services Agreement between the City of Georgetown and Camp, Dresser & McKee Engineering, Inc., to provide professional engineering services related to the design and analysis of the San Gabriel Park Irrigation System Improvements, in the amount of $54,500.00 -- Don Ward and Jim Briggs 2. Consideration and possible action to approve a contract amendment to the existing Professional Services Agreement between the City of Georgetown and Camp, Dresser & McKee Engineering, Inc., to provide professional engineering services related to the Rivery Boulevard; Country Club Drive; and Shannon Lane traffic signalization, in the amount of $11,500.00 -- Don Ward and Jim Briggs 3. Consideration and possible action to approve a contract amendment to the existing Professional Services Agreement between the City of Georgetown and Camp, Dresser & McKee Engineering, Inc., to provide professional engineering services related to the design and analysis of the Oakcrest Wastewater System Improvements, in the amount of $76,480.00 -- Don Ward and Jim Briggs Kersch confirmed this would correct the sewage back ups. Briggs said most of this area was constructed with clay tile pipe that is now falling apart. Kersch pointed out that the City took over that area after it was already constructed. Q Consideration and possible action to authorize an application for a grant of $3898 from the American Heart Association, Texas AED Placement Program with a fifty percent matching fund required of $1949, from the City of Georgetown 2001/2002 Budget year to fund two Automated External Defibrillators (AED) -- Clay Shell and Anthony Lincoln Navarrette asked if there were an opportunity to get more than just two defibrolators and place some in police patrol units and Shell responded that he was not certain whether the grant would apply to police vehicles. It was noted that the Fire Department has four defibrolators that were furnished by a group at Sun City. City Council Meeting Minutes/February 12, 2002 Page 4 of 13 Pages R Consideration to authorize the Mayor to execute a standard 20 -year plus a 10 -year option airport land lease with Mr. Broadus Spivey for 9900 square feet of undeveloped airport property located at 502 Wright Brothers Drive -- Travis McLain and Tom Yantis (pulled by Lyda) S Consideration to approve proposed rules governing displays on the interior walls of the Georgetown Municipal Airport Form Record Final Plat of a Resubdivision of Shell Terminal Building Block 2, -- Travis McLain and Tom Yantis T Consideration and possible action on a Short Form Record Final Plat of a Resubdivision of Shell Addition, East 'Y2 of Block 2, located at 605 E 3rd Street. -- Melissa Murphy and Amelia Sondgeroth Motion by Noble, second by Burson to approve the Consent Agenda in its entirety with the exception of Item R. Approved 7-0. Legislative Regular Agenda R Consideration to authorize the Mayor to execute a standard 20 -year plus a 10 -year option airport land lease with Mr. Broadus Spivey for 9900 square feet of undeveloped airport property located at 502 Wright Brothers Drive -- Travis McLain and Tom Yantis Lyda asked that this item be discussed after Item AA -2, U Consideration and possible action regarding status report from Charter Review Committee, including issues related to timeline and budget. -- Lee Bain and MaryEllen Kersch Yantis noted that the budgeted amount of $10,000 has been used. He said that City Attorney Jo Christy Brown is estimating that the Committee is about half way through their work. He suggested that Council give staff direction as to how they wish the committee to proceed. Motion by Smith, second by Evans for the Committee to continue "on course" by authorizing an additional $10,000 to complete the Charter Review with the funds coming from Council Contingency. Approved 6-1. (Navarrette opposed) V Consideration and possible action to approve the Memorandum of Understanding, between the City of Georgetown, the Brazos River Authority (BRA), and Chisholm Trail Special Utility District (CTSUD) for water supply, treatment and distribution of surface water throughout Central Williamson County -- Don Ward and Jim Briggs Briggs explained the options available for future water treatment. He noted that John Baker of BRA was available at the meeting if Council has questions. Pfiester spoke in favor of regionalization of water treatment facilities. He commended BRA for moving this forward. Motion by Pfiester, second by Smith to approve the Memorandum of Understanding as stated. Approved 7-0. W Update, discussion and possible action regarding the status of the Stillhouse Raw Water Pipeline -- Jim Briggs Briggs said Georgetown will probably not need to draw from the pipeline for several years, but some of the other customers do not have that flexibility. Lyda requested and Briggs gave a history of Georgetown's relationship with the Stllhouse Pipeline. He confirmed that Georgetown has a 38% ($40 million) participation. Pfiester confirmed with Rundell that although this year's payment is $80,000, year after next the City's annual financial obligation becomes almost $700,000 escalating to well over $1 million within the first five years of those large payments. John Baker, Central Basin Manager for BRA, gave Council an update. He said the 13 miles closest to Lake Georgetown are concrete reinforced cylindar, and he said about 50% of the sections are failing. He said it is the contractor's responsibility to inspect the pipe and determine the cause of the failure. He said people are measuring to make sure there is no more deflection than is allowed. He said the contractor is fulfilling their contract and will deliver a plan to BRA soon as to what will be done. Pfiester asked Briggs about the agreement between the City and CTSUD to supply water to Cimarron Hills. It was determined that there is no problem with the agreement going forward. There was discussion regarding the City of Round Rock City Council Meeting Minutes/February 12, 2002 Page 5 of 13 Pages drawing from Lake Georgetown. X Discussion and possible action regarding the City of Georgetown sign ordinance as it pertains to special event permits -- Charles "Ross" Burson Burson asked Jim Dillard to speak. Dillard, Director of the Heritage Society, thanked Burson for putting the item on the agenda and listed the activities of the Heritage Sociey. He gave percentages of out-of-town attendance at Heritage Society events. He asked that there be a special paid permit for attractive temporary signs that would be allowed to be in place only for the duration of the event to direct tourists. Kersch asked and Yantis noted that the City has received many requests from people for signage pertaining to special events. Yantis said the staff would prefer that any amendment to the ordinance would be made to the special events ordinance and not to the sign ordinance. He also asked that Council ensure that whatever action is taken does not negate the intent of the original sign ordinance. Kersch asked that a workshop be scheduled. Smith suggested a large fee with a refund at the end of the event if the signs were removed. Noble said he would like to see something developed to permit special events. He suggested that this be a short-term solution with the intent of getting better permanent signage. Yantis noted that an ordinance amendment requires two separate readings. Motion by Smith, second by Noble to direct staff to develop an amendment to the special events ordinance to allow organizations to direct tourists to special events that have the potential to draw tourists and to be charged a fee to put up directional signage. Lyda said he would hate to do this hastily after spending three years to create the sign ordinance to remove the City of bandit signs. Yantis noted that it would be almost impossible to accomplish the amendment before March 16. Navarrette asked that there not be a charge for the special events permit. There was discussion about whether to charge a fee. Randy Eliason, 508 Tamara, Secretary of the Heritage Society, listed for Council quite a few events in Georgetown that will require signage. Vote on the motion: Approved 6-1. (Navarrette opposed) 8:00 p.m. -- recessed 8:16 p.m. -- resumed Open Session Y Consideration of approval of the plan/timetable for the City Manager search effort -- MaryEllen Kersch Yantis noted that he had given Council a draft profile and would like their reactions back this week. z Consideration and possible action to direct staff to prepare an amendment to Section 10.16.080 of the Code of Ordinances relating to the parking of motor vehicles, either deleting recreational vehicles from the definition of commercal vehicles or providing for the parking of recreational vehicles in residential areas under certain restrictions -- Jack Noble Noble said that Sun City allows residents to park their RV's in front of their homes for 24 hours to load and unload. He said that some trips require a longer period of time to load and unload. George Garver, resident of Sun City, read a statement of concerns, which he provided to Council, pertaining to the parking of recreational vehicles and offered some alterations to the ordinance. He suggested that the ordinance pertain only to commercial vehicles or exempt planned communities such as Sun City because Sun City has covenants that strictly regulate parking of recreational vehicles. He said he thinks no additional regulations are needed in Sun City. He suggested a waiver for communities that have this type of regulation already in place. Don Howard, 115 Trail of Flowers, Vice President of the RV Club of Sun City, offered to work with the City in case they wanted any input from the RV Club. Russ Hawkins, 107 Cattle Trailway, told Council there was no way he could get his RV unloaded and removed as soon as he returns from a road trip and requested that he be allowed to leave his RV on the curb overnight. It was pointed out that this was not a change in the law. It was also pointed out that this has not been strictly enforced. City Council Meeting Minutes/February 12, 2002 Page 6 of 13 Pages Yantis noted that this law has been on the books for 16 years and staff has not had any enforcement issues, especially not in Sun City. He said recreational vehicles also apply to four -wheelers, jet skis, boats, and other vehicles. He said that the Community Standards Group at Sun City is in favor of the current ordinance regarding expeditiously loading and unloading. He said it would be very difficult for the code enforcement crew to enforce because they respond to complaints. He said by the time the crew was able to respond to a complaint, the vehicle would already be gone. Motion by Noble, second by Navarrette to authorize staff to prepare an amendment to the Code of Ordinances, relating to the parking of motor vehicles and to either delete recreational vehicles from the definition for commercial vehicles or provide for parking for one 24-hour period within seven days. Navarrette confirmed that the regulation would be city wide. Pfiester asked and was told that this amendment applied to trailers as well as motor homes. Evans suggested to direct staff to come back to Council with an amendment for Council consideration. Navarrette asked Leggitt to come up with a definition of a recreational vehicle that people can live in and travel in. Leggitt noted that the only time Code Enforcement would interfere with someone parking their vehicle in front of their house for the purpose of loading or unloading would be if it were dangerous. Vote on motion: Approved 4-3 (Evans, Burson and Lyda opposed) AA Georgetown Municipal Airport 1. Discussion and possible action on the Airport Advisory Board's motion regarding hangar and fuel rate increases effective March 1, 2002, at Georgetown Municipal Airport, including possible clarification and/or modification of prior council action -- Travis McLain and Tom Yantis Kersch asked Carls to explain the law regarding the 90 -day rule for consideration of an item. It was determined that the rules would need to be suspended in order to take action on this item. Motion by Lyda, second by Evans to suspend the 90 -day rule. Approved 6-t}. (Navarrette was absent from the dais) Lyda said he attended the Airport Board Meeting at which this item was discussed. He said there were a number of misunderstandings and he clarified why Council had taken action on this issue. Keith Peshak, 800 Oak Crest, told Council they are trying to charge a few users instead of all users. He made suggestions as to how Council could raise the funds for the tower. Ken Koock of Bastrop told Council he is a former member of the Airport Advisory Board and used to hangar his plane at Georgetown Airport. He said he is current president of the Texas Aviation Association. He said the way the plan is structured now is not in compliance with federal law and suggested Council have it reviewed for compliance. He said many members of his organization do not believe that a tower is necessary in Georgetown. He said he thinks the influx of planes in Georgetown will be reduced when the 52 hangars at Bergstrom in Austin are opened, and said there is another airport that will be built near Buda. Howard "Buzz" Landry of Georgetown said he has used the Georgetown Airport since 1951 and has paid hangar rent since 1955. He said if the airport is not producing enough revenue, there is not enough traffic to warrant a tower. He said the traffic problem is from the flight schools that need to be managed differently.. Paul Smith, Regional Representative for the National Aviation Association, said he represents more than 9000 corporations who fly aircraft as "tools" of their trade. He said there are many other resources to investigate for funding. Kathy Heidemann, 407 Golden Oaks, she said she doesn't think there is enough information to decide whether a control tower is needed. Mike Zucker, of Georgetown, as owner of ICAN Aviation at Georgetown Airport for 40+ years, asked Council to rescind their decision to build a control tower. He suggested that the City contact City of College Station regarding their control tower. He asked for a more equitable method of funding the tower. He asked that representatives from FAA and AOPA be invited to attend a public hearing on the tower. City Council Meeting Minutes/February 12, 2002 Page 7 of 13 Pages Jerry Fye, 303 Serenada, Secretary of the Airport Advisory Board, said he learned to fly about a year ago at Pilot's Choice Aviation. He said there is no house closer to the runway than his house. He said the mix of jet and propeller traffic and the flight schools is a very dangerous combination. He said he has flown into Dallas and Houston and the part of the flight he dreads is flying back into Georgetown. R. L. Quinn, said he offices in Round Rock and lives in northwest Williamson County. He said he flies a lot and always feels safer in a controlled airport. He said his opinion is that there should be a control tower with radar, but short of that, some type of control tower is necessary. He said he definitely wants the tower but doesn't want to pay for it. Lyda gave a brief history of the determination to build a control tower, saying the issue began over a year ago. He said quite a few public meetings have been held regarding this issue. He said the airport is intended to be self-sustaining, and there is not enough revenue coming into the airport to fund the tower. He recalled the reasoning behind the determination to increase the jet fuel charge. He said there is a waiting list of at least 100 to secure hangar space at the Georgetown Airport. He said he feels there is a safety issue that requires a control tower. Carls said that she is not prepared to give Council a legal opinion on this subject at this meeting. There was discusion regarding some federal airport trust funds that may free up funds for a 90-10 funding agreement. There was discussion regarding the jet fuel farm operation at the airport. Smith said he thinks the cost of the tower should be borne by the users. Motion by Lyda, second by Noble to direct the City Attorney to review the previous action by Council regarding funding for the Airport Control Tower. Approved 7-0. 2. Consideration and possible action on adopting the 65 DAY -NIGHT (DNL) decibel noise contour as the non -compatible noise contour in the F.A.R. Part 150 Noise Compatibility Planning Program for the Georgetown Municipal Airport -- Travis McLain and Tom Yantis Yantis explained the purpose of the item. Kathy Heidemann, 407 Golden Oaks; said she still believes the report is incomplete. Fred List, 444 Logan Ranch Road, member of the citizens committee for the noise study, said he did a complete report and sent it to the Council but has not received an answer to his questions. He suggested a workshop to find out what creates the noise around the airport. He asked the Council to get more information before they vote. Keith Peshak, 800 Oak Crest, asked to make an appointment with the City Attorney. He said all of the users of the airport should be responsible for the cost of the control tower, not just the "lower' 20% of the users. He said the person who is doing the noise study is just counting aircraft, even those which are experimental and don't currently fly. Yantis read a report that explained the measurements used in the noise study. Lyda pointed out that the City is paying for 10% of the study and has no input as to the parameters used to measure and no authority to initiate any type of noise mitigation. Motion by Pfiester, second by Smith to adopt the 65 DAY -NIGHT (DNL) contour at the Georgetown Municipal Airport. Approved 7-0. 9:43 p.m. -- recessed 10:00 p.m. -- resumed 3. Consideration to withdraw the offer to lease 101 and 201 S. Hangar Drive to Armstrong -Wilson Building, LLC -- Travis McLain and Tom Yantis McLain told Council that the lessee has never been ready to sign the lease, but there was never anyone who wished to lease this particular space. It was determined that the lessee has been given sufficient notice. Lyda said there is an issue that applies to this item as well as to Item R. He also noted that there are significant trees on the site that should be dealt with. City Council Meeting Minutes/February 12, 2002 Page 8 of 13 Pages Motion by Smith, second by Noble to withdraw the lease. Approved 7-0. R Consideration to authorize the Mayor to execute a standard 20 -year plus a 10 -year option airport land lease with Mr. Broadus Spivey for 9900 square feet of undeveloped airport property located at 502 Wright Brothers Drive -- Travis McLain and Tom Yantis (pulled by Lyda) McLain said this is the last available site of undeveloped property at the airport. Motion by Lyda, second by Pfiester to defer this item to the next meeting and ask the city attorney to look into adding a provision to allow for assessment of airport improvements or impact fees in the lease, not specific to this lease, but in general. Approved 7-0. BB Consideration of a resolution calling a General Election to be held on Saturday, May 4, 2002, ordering a runoff election, if necessary, establishing procedures for said elections, and authorizing the Mayor to sign a contract with the Williamson County Voter Registrar for administration of such elections -- Sandra Lee Motion by Noble, second by Evans to approve the resolution and the contract with Willingham. Approved 7-0. CC Second Readings 1. Second Reading of an ordinance adopting a new redistricting plan thereby revising City Council Member District boundaries in response to the 2000 Census -- Sandra Lee Yantis read the caption of the ordinance. Navarrette noted that he had contacted Bojorquez and requested that a revised plan be submitted. Navarrette explained that he is requesting that the block bounded by Austin Avenue to the east, 16th Street to the south, Forest Street to the west, and Highway 29 (University) to the north be moved back from District 1 to District 2. Carls asked that Council consider this to be a new first reading because of the change, saying Council would need to adopt the ordinance on second reading at the next Council Meeting on February 26, 2002. Motion by Navarrette, second by Evans to approve Revised Plan 3 on first reading. Approved 7-0, 2. Second Reading of an ordinance revising Chapter 3.01 of the Code of Ordinances entitled " Personnel Policies" regarding New Position Orientation Period; Salary Program Administration; Employee Performance Appraisals; Employment of Relatives; Political Activity of City Employees; Public Communication; Whistle Blower Policy; and deleting the Education Assistance Program -- Carla Bourland Bourland read only the caption on second reading. Motion by Evans, second by Lyda to approve Ordinance No. 2002-06. Approved 6-1. (Navarrette opposed) 3. Second Reading of an ordinance to Rezone a part of Block 66 and 67, Lost Addition, located at 1104 Rock Street and 312 West 11th Street, from RS, Residential Single Family, to RM -3 Office and Service Use restricted to uses described in Section 2.0301.3.d. as defined by Section 18.137 of the Zoning Ordinance. — Leane Heldenfels and Amelia Sondgeroth Sondgeroth read only the caption of the ordinance on second reading. Motion by Pfiester, second by Noble to approve Ordinance No. 2002-07. Approved 7-0. DD First Readings 1. First Reading of an ordinance amending Title 2 of the Code of Ordinances entitled "Administration" to establish the Economic Development Commission -- Shirley J. Rinn and Trish Carls Carls read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Lyda, second by Evans to approve on first reading. Approved 7-0. 2. First Reading of an ordinance giving council the authority to appoint new members to its Boards and Commissions who do not meet the criteria outlined for a particular Board or Commission in the event no qualified candidates have applied for appointment. -- Shirley J. Rinn and Trish Carls Carls read only the caption of the ordinance after having satisfied the requirements of the City City Council Meeting Minutes/February 12, 2002 Page 9 of 13 Pages Charter. Motion by Evans, second by Burson to approve on first reading. Approved 7-0. 3. First Reading of an ordinance rezoning 69.28 acres out of the William Addision Survey, from A, Agricultural to RP, Residential Planned, to be known as University Park, Unit Two, located on the East side of Southwestern Boulevard -- Melissa Murphy and Amelia Sondgeroth Murphy read only the caption of the ordinance after having satisfied the requirements of the City Charter. Murphy said the developer is required to adhere to the site plan. There was discussion regarding the parkland dedication on the site and the connection of the park trail. Pfiester recalled that this was first brought to Council requesting HDR zoning. He said, by approving this, the Council is allowing higher density. He said if this were zoned RS, there would be more parkland dedication. Pfiester said he would approve, but subject to a ratio of 1 acre of parkland for 50 units which would require a 6 -acre dedication rather than a 2 -acre dedication. Murphy said with HDR zoning they would be providing playground equipment in the parkland which RS zoning does not require. Lyda said he doesn't necessarily agree about increasing parkland. He said he thinks a 2 -acre developed park will meet the needs of the neighborhood. He also said there will be added trees and a concrete trail. He said six acres of undeveloped parkland would not be as valuable as the two acres that would be developed. Smith said he does think there have been trade-offs and feels uncomfortable negotiating from the dais. There was further discussion. Sondgeroth said staff had gotten the impression that Council was still in favor of the high-density use. She said staff did not ask the developer to redesign. Yantis agreed that staff went to the developer only asking for RP zoning and the trees and the sidewalk but did not tell the developer that he needed to come back with an RS zoning. Craig Biggar, developer, said they had worked with City development staff and Parks Director Randy Morrow after the last time this was presented to Council. It was determined that the Park Board will be asked to approve the improvments that are to be built in the parkland. Evans asked and John Biggar responded that he would be willing to take the four houses out of the parkland. There was further discussion about dedicating Block K as parkland. Biggar mentioned an area adjacent to Southwestern Boulevard that is being set aside for a water quality pond and said any area there that is not used will be dedicated to parkland. There was discussion regarding a a park site in Raintree Subdivision. Motion by Lyda, second by Noble to approve the requested zoning based on the attached site plan except for the four houses depicted on Block R and subject to Parks Board approval of the improvements to be placed on that park land and subject to improvement of the City Park site in the adjacent Raintree Subdivision with those improvements also subject to Parks Board approval. Approved 7-0. 4. First Reading of an ordinance amending Chapter 15.04, Section 15.04.010 Appendix "C" regarding building codes of the Georgetown Code of Ordinances, to adopt the 2000 International Residential Code and replace Chapter 15.03, regarding Energy Conservation with the 2000 International Energy Conservation Code -- David Hall and Amelia Sondgeroth Hall read only the caption after having satisfied the requirements of the City Charter. Burson asked about the supplement to the code that is to be approved. Hall acknowledged that there is difficulty securing the insulation being required. He said the City will stay with R6 duct in the unconditioned spaces and R4 duct in the conditioned spaces. He said he would put some language in the ordinance to make that clear. Motion by Burson, second by Evans to adopt the International Residential Code with the supplements as amended. Approved 7-0. City Council Meeting Minutes/February 12, 2002 Page 10 of 13 Pages FF -4 Request for staff update on Unified Development Code drafting and review; discussion and possible action to clarify public hearing and adoption timeline -- Clark Lyda Sondgeroth gave Council an update on the schedule for review and discussion. She said staff received the first draft of the entire development code from Duncan and Associates and spent the month of January reviewing it. She said the Development Ordinance Committee began meeting in February and will review the entire ordinance by the end of this month, which they will take out to the various boards and the public for review in March. She noted that the Council will have a joint meeting on March 11 with the Planning and Zoning Commission for an update on the review from Duncan Associates with a public hearing at Planning and Zoning on April 2, and a workshop with Council on April 8, the first public hearing *and first reading at Council on April 9, the second public hearing "and second reading on April 23, iia try to be effective on May 8, 2002. She said the staff and consultants are spending a lot of hours working on it. (*as corrected by Kersch at the February 26, 2002 Council Meeting) 11:26 p.m. -- recessed until 4:30 p.m. on Wednesday, February 13, 2002 4:30 p.m. Wednesday, February 13, 2002 -- resumed Open Session (Councilmember Navarrette absent) FF1. Request for staff update on status of City Hall renovation project; discussion and possible action regarding scope of work and direction to staff to proceed with design and construction using existing bond proceeds -- Clark Lyda Yantis, Briggs, and Rundell explained that there would be a little less than $1 million available for the renovation of City Hall. Yantis sited ADA and non-functional space issues. A proposed plan of minor interior modifications was displayed to Council. There was discussion regarding the positions and departments that would reside in the City Hall, once modified, and addiitonal modifications were discussed. Rundell told Council a revised contract could be brought back to the Council at the February 26 Council Meeting. 2. Request for staff update on implementation of regional detention program and local review of water pollution abatement plans; discussion and possible direction to staff regarding same -- Clark Lyda Briggs spoke to Council regarding modifications to the original flood plan and introduced Dean Thomas of Raymond Chan and Associates, Inc. who gave Council the strategy for moving forward. He distributed to Council a map of the Regional Stormwater Management Program for the City of Georgetown. He suggested additional staffing that would be qualified to deal with hydrology and hydraulics would be required in order to deal with this program. There was discussion as to where the retention ponds would be located. Lyda confirmed that this program would be coordinated with the unified development code. A potential fee structure was discussed. Lyda expressed a desire to have the implementation operational in May. Motion by Lyda, second by Pfiester to direct staff to proceed to do whatever is necessary to implement the *regional detention program *and local review of water pollution abatement plans in conjunction with the unified development code. Approved 6-0. (Navarrette absent) (*as corrected by Lyda at the February 26, 2002 Council Meeting) EE Discussion and possible action to commission a comprehensive economic analysis of Sun City Georgetown development and possible direction to staff regarding same -- Clark Lyda Lyda read the following item summary from the Agenda Item Cover Sheet on this item. In conjunction with the negotiation of amendment seven to the Sun City Georgetown Development Agreement, and in recognition of recent concerns with the Sun City community and the remainder of the city regarding tax rates, utility rates, taxpayer subsidy of private development, and intra -community tax and facility equity issues, I am requesting that council commission TIP Strategies (our contract economic assessment firm) to prepare a comprehensive economic analysis of the Sun City Development, to include without limitation, an analysis of the following items from project inception to date, including projections for project buildout: Direct revenues to the City from the development (property taxes, net utility revenues, SIP fees); indirect revenues (sales tax and local purchasing); job generation; non -economic benefits (volunteerism, and other more difficult to quantify issues); direct costs to the City associated with City Council Meeting Minutes/February 12, 2002 Page 11 of 13 Pages the development (infrastructure, services), indirect costs; and non -economic costs. He said he hoped the report could be completed within 30 days and serve as a factual framework, not only for development agreement negotiations but also for future community discussions and development decisions, not just about the Sun City Development, but about other development agreements. Noble said he would want to know how much the report would cost and said the request was phrased in conjunction with Dell Webb Development Agreement Amendment Seven, and he feels what is required of the developer is fairly specific in that document, saying he doesn't understand what this report would gain as far as negotiations with the developer are concerned. He said studying Sun City without studying the other developments that have occurred since Sun City came isn't a benchmark against anything in particular. He also expressed concern that they were told last night that there is not a lot of money to spend right now, and he said he wasn't sure this would be a worthwhile investment. Lyda said he considered within the parameters of what he set out were included the "spin-off' development related to the Sun City Development, saying there is development that would not have occurred had it not been for Sun City. He said he hopes the report will be wide enough to capture all of the impacts. He said he expects the cost to be $25,000 to $30,000, which he says is appropriate compared to the City's investment in the Sun City Development. Yantis noted that there had been a study done by Mercer Group prior to the development agreement being signed. Smith said he does not see value in an analysis in retrospect. Evans said this would be an ideal exercise to build a model for future development. Lyda said he feels a historical look at the project would be valuable and would present a fair picture, not directed at Del Webb, to be used as a tool for the future. Pfiester said a huge investment was made by the City in the Sun City development and this analysis would show a fair and equitable way that a development could pay its own way. Noble suggested that other developments be analyzed as well. Lyda suggested three reasons to do the report: (1) data is availabe for Sun City; (2) Sun City is the largest example of a "Ws;grPPV "discrete" development within the City and accounts for over half of the utility system debt; and (3) there have been questions raised about "who subsidizes who." (*as corrected by Clark Lyda at the February 26, 2002 Council Meeting.) Smith suggested three reasons not to do the report: (1) there will be assumptions that will create arguments about the results; (2) doing a "look -back" causes those who favored it become defensive and those who opposed it "to crow;" (3) this would be generally devisive for the community. Noble said he has three reasons not to do the report: (1) he thinks the study is "ill conceived;" (2) he feels this is being "rushed" to occur before the May Election; and (3) the City will be spending money that doesn't need to be spent. Yantis estimated that, based on what was done regarding the Rivery, this project would probably cost more than the study done on the Rivery, and said he wasn't sure that TIPS would be able to perform the study in 30 days as Lyda requested. Motion by Lyda, second by Pfiester to direct staff to contact TIP Strategies to perform an economic analysis as described in the item summary and to authorize the city manager to execute a contract with TIP not to exceed $30,000, to be completed within the next 30 days, to be funded by Council Contingency. Approved 4-2. (Noble and Smith opposed)(Navarrette absent) 5:33 p.m. -- recessed 5:40 p.m. -- resumed FF -3 Request for staff update on preparation of report regarding economic development projects in Georgetown for the years 1989-1999; discussion and possible direction to staff regarding same -- Clark Lyda Yantis and Russell gave a slide presentation entitled "Economic Development Tools That Have Been Utilized by the City of Georgetown," including tax abatements, Freeport Exemption, Texas Capital Funds, and City assistance. Russell showed Council there have been four real and personal property abatements. He said any business that comes to town is eligible for the Freeport Exemption. Russell explained the City's history in using Texas Capital Fund Grants on behalf of various business, including facility construction, provision of infrastructure, and working capital loans, with the businesses creating jobs in City Council Meeting Minutes/February 12, 2002 Page 12 of 13 Pages GG return for the grants. Russell informed Council that various companies received financial assistance from the City including loans, land, incubator facilities and fee waivers. It was pointed out that the incubator buildings were purchased with money from the Electric Fund, and the Municipal Building was also purchased with funds from the Electric Utility Fund, saying if those buildings are sold, the revenue would go back to the Electric Fund. Russell noted the fee waivers that have been granted to various businesses. Russell listed the amount of funding that was provided to the Georgetown Industrial Foundation. Smith said "things always require more work than originally anticipated." He said he thinks that no real conclusions can be reached other than to learn whether the City has received revenue equal to what was spent. He thanked the staff for the time spent by staff to produce the information. Noble said that the raw data is only raw data. Lyda asked to receive information regarding utility revenues from the companies listed on the report. Russell pointed out that one of the stipulations for receiving the grant was that the company would sign up for City electric utility. 6:45 p.m. -- recessed to Executive Session Consideration and possible action on clarifying the qualifications for membership to the Georgetown Utility System Advisory Board -- Jim Briggs and Clark Lyda This item was not considered. This meeting was adjourned at 7:08 p.m. on Wednesday, February 13, 2002 The meeting was adjourned at 07:08 PM. roved : L r MaryEilen Kersch City Council Meeting Minutes/February 12, 2002 Page 13 of 13 Pages Secretary Sandra Lee