HomeMy WebLinkAboutMIN 11.26.1996 CC-W&RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with
Mayor Leo Wood presiding.
Council Present
George Arroyos
Lee Bain
Charles "Huss" Burson
Shelley Pierre Davis
Susan Hoyt
Ferd Tann
Dick Vincent
Staff Present:
Bob Hart, City Manager
Marianne Landers Banks, City Attorney
Sandra D. Lee, City Secretary
Elizabeth Gray, Dir. of Information Resources
Larry Hesser, Police Chief
Bill Shanklin, Fire Chief
Teresa Hersh, Dir. of Employee & Organ. Svcs.
Hartley Sappington, Dir. of Community Svcs.
Council Absent:
None
Murray Blackman, Asst. to City Mgr.
Leon Henderson, Conservation Mgr.
Marvin Gordy, Engineering Technician
Clay Shell, Fire Lieutenant
Tricia Wilham, Admin. Assistant
Sheree Rabe, Asst. City Attorney
ClydevonRosenb erg, Chief Planner
Terry Jones, Purchasing Agent
Kim Schmidt, Firefighter
Mike Faught, Fire Captain
Wendy Walsh, Planning Technician
Tom Leggitt, Fire Marshal
Ray Cummings, Fire Lieutenant
Kevin Stofle, Police Lieutenant
Policy Develonment/Review Workshop - Called to order at 5:15 p.m.
A Discussion of GIS Proposal/Elizabeth Gray
Gray showed a video to Council and gave a brief overview of a Geographic Information
System (GIS), explaining the time savings and efficiencies in providing quality service.
She introduced members of the staff GIS Steering Committee, and answered questions
City Council Meeting MinuteslNovember 26, 1996
Page 1 of 12 Pages
from the Mayor and Council. She noted to Council that a consultant would be proposed
on the next Council Agenda.
B Discussion with Texas Department of Transportation regarding frontage roads along
Interstate 3 5 in Georgetown
Hart introduced engineering staff from Texas Department of Transportation who
explained the project that would be let in June of 1997, to reverse the direction of the
IH3 5 entrance and exit ramps; to expand the current lanes; and to change the frontage
roads to one-way; explaining that the primary reason for the changes is safety. District
Engineer James Klotz said construction was expected to start in August of 1997, with the
change to one-way frontage roads being the first phase of the construction. Former
Mayor Carl Doering took issue with the one-way plans for the frontage roads and asked
when an overpass would be constructed that was requested by the City in 1983.
C Answer questions on Statutory Consent Agenda Items listed specifically below under the
Regular Session that will begin no sooner than 7:00 p.m. (For questions only, no action
to be taken until Regular Session)
This item was not handled in the interest time.
Regular Session - Executive Session was deferred
Executive Session
D Sec.551.071 consultation with attorney
E Sec.551.072 deliberation on real property
F Sec.551.075 conference with employee
Regular
Session
- convened
at 7:09 p.m.
G
Action
on
Executive
Session
Items
Executive Session was deferred to the end of the regular session.
H Mayor, Council, City Manager, and staff comments and reports
i Comprehensive Annual Financial Reporting (CAFR) Award for 1995 Audit
Hart displayed the award received for the ninth year from the Government Finance
Officers Association,
I Citizens wishing to address the Council
City Council Meeting Minutes/Novenber 26, 1996
Page 2 of 12 Pages
Rawleigh Elliott, 1012 Country Club Road, asked when the report from Arthur
Andersen would be ready for the public. Hart responded that the City does not have
the Study at this time, that it is still being compiled, and will be available on Tuesday,
December 3.
Wood announced that there are tentative plans to hold a special meeting on Thursday,
December 5, at 6:00 p.m. to discuss the Andersen Study,
Statutory Consent A eg nda
J Consider approving the minutes for the regular meeting of November 12, 1996, and the
special meeting of November 18, 1996 -- Sandra Lee
K Consider approving an agreement in the amount of $139,730.00 between the City of
Georgetown and Roming-Parker Associates for services required to develop
construction pians, specifications, and contract documents for the 199611997 Street
Capital Improvement Projects -- Don Rundell
L Consider approving Amendment No. 29 to the contract between the City of
Georgetown and Camp, Dresser & McKee (CDM) in the amount of $58,600.00 for
engineering services related to the design and environmental services of the Williams
Drive Wastewater Line -- John Early and Jim Briggs
M Consider approving a purchase order in the amount of $300,000.00 to Flowers
Construction as per the Annual Electric System Construction and Maintenance Contract
between the City and Flowers Construction -- Leon Henderson and Jim Briggs
N Consider approving payment of $31,637.02 for overtime work performed by Flowers
Construction due to the storm event of September 20, 1996 -- Leon Henderson and Jim
Briggs
O Consider
an award of a bid
for electric
meters in the amount of $264,000.00 to
Cummins
Utility Supply --
Terry Jones
and Jim Briggs
P Consider approving a resolution authorizing the Mayor to execute an Assignment of
Airport Land Lease and Agreement between Pilot's Choice Aviation, Inc. And Beth
Ann Jenkins -- Travis McLain and Hartley Sappington
Consider a Preliminary Plat of a 52.14 acre tract in the John Berry Survey, to be
known as Dorsey Commercial Park, located southeast of the IH351SH195 interchange -
- Hildy Kingma and Ed Barry
CityCouncil Meeting MinuteslNovember 26, 1996
Page 3 of 12 Pages
R Consider a Final Plat of a 2.403 acre tract in the Daniel Monroe Survey to be known as
the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One -
C, located southwest of the intersection of Del Webb and Sun City Boulevards -- Hildy
Kingma and Ed Barry
S Consider an amendment to the Plat Note for River Ridge, Section Two -A, Block R,
Lot 1, located at 417 South Ridge Court -- Hildy Kingma and Ed Barry
T Consider a Final Plat of an 8.970 acre tract in the Nicholas Porter Survey, locally
known as Westwood Plaza, to be known as Westwood Village, located along River
Bend Drive and Westwood Lane -- Hildy Kingma and Ed Barry
Motion by Tonn, second by Vincent, to approve the Consent Agenda in its entirety. Approved
7-0. (Bain abstained from Item P.)
Legislative Regular Agenda
U First Reading of an ordinance providing for the annexation of approximately 1,228
acres in the William Roberts and John Berry Surveys, locally known as Berry Creek
Subdivision, Sections 1-11, golf course and surrounding areas -- Clyde von Rosenberg
and Ed Barry
von Rosenberg read the caption only on first reading after satisfying the requirements
of the City Charter.
Charlie Barton, 30400 Oak Tree Drive, said that the City doesn't have a plan for
services upon annexation other than "status quo. " He said that a petition has been
signed by 95 % of the residents of Berry Creek to oppose annexation and those people
have agreed to support legal action to that effect. He said he expects something
different in a plan for service other than the standard Century Plan information.
Joe Sybert, 412 Northwood Drive, told Council that he owns acreage within the
annexation area that has been zoned agricultural and has been in his family for many
years. He pointed out on a map the location of his property fronting Highway 195, and
asked that Council not annex his property.
Greg Burtner, said he was not comfortable with the City's response to questions
regarding annexation. He reiterated that the residents of Berry Creek would put their
money toward a lawsuit to fight the annexation.
Bain asked for consultation with the City Attorney,
City Council Meeting Minutes/November 26, 1996
Page 4 of 12 Pages
7:27 p.m. - Recessed Regular Session for Executive Session
7:50 p.m. - Resumed Regular Session
Bain stated that he
filed an
abstention
due to conflict of interest against any voting that
would
hearings. Greg
involve
the
audience disputed his
Embree
tract in the
annexation area.
Tonn asked that the agricultural tracts belonging to Sybert and Vogler be deleted from
the annexation before the second reading. Hart asked. for clarification from Tonn
regarding which of the Vogler tracts would be exempted.
Arroyos expressed concern about the future ability to protect the zoning for tracts
mentioned by Tonn if they were exempted from the annexation. Bain asked for
clarification from Tonn. It was determined that the Vogler tract is north of Highway
195 and the Sybert tract is south of Highway 195. It was pointed out that if those areas
were not included in the annexation, zoning could not be controlled by the Council.
Vincent said the
service
plan was
explained by the City
staff in the annexation
hearings. Greg
Burtner
from the
audience disputed his
statement.
Banks, when asked by the Council, responded that the service plans have been set out
as required by the State. Burtner still disputed that the plan was not specific as to the
exact details of the service to be provided.
Arroyos said he felt it was important that the issue be addressed from a financial
standpoint for issues such as transportation needs and fire safety, and spoke about the
ability to recruit more board and commission members from the residents of the area
when annexed
Motion by Arroyos, second by Vincent, to approve the ordinance on first reading, to
allow the Sybert and Vogler properties to be discussed prior to the second reading, and
to separate the Embree property from this vote so that Bain could abstain from the
voting on that property. Approved 7-0.
Motion by Arroyos, second by Vincent to include the Embree tract in the annexation.
Approved 6-0. (Bain abstained)
V First Reading of an ordinance rezoning Berry Creek Subdivision, Sections One through
Four and Sections Six through Eleven, the Woods at Berry Creek, and a 182 -acre tract
in the William Roberts Survey, to be known as The Reserve at Berry Creek from A,
Agricultural to RS, Residential Single Family, or any more restrictive district, located
City Council Meeting Minutes/November 26, 1996
Page 5 of 12 Pages
generally west of State Highway 195 and north of Berry Creek -- Hildy Kingma and Ed
Barry
Barry read the caption only on first reading after satisfying the requirements of the City
Charter..
Motion by Tonn, second by Burson to approve the ordinance on first reading with the
Embree tract being pulled from the rezoning area for a separate vote. Approved 7-0.
Motion by Arroyos, second by Hoyt to approve the rezoning of the Embree tract.
Approved 6-0. (Bain abstained)
W First Reading of an ordinance rezoning a 32.32 acre tract in the William Roberts
Survey from A, Agricultural to RS, Residential Single Family, or any more restrictive
district, located west of the proposed Reserve at Berry Creek Subdivision -- Hildy
Kingma and Ed Barry
Barry read the caption only on first reading after satisfying the requirements of the City
Charter.
Motion by Tonn, second by Burson to approve the ordinance on first reading.
Approved 7-0.
X Consider approving a resolution authorizing the Mayor to execute an Airport Lease
Assignment with Adyl Aviation, Inc. -- Travis McLain and Hartley Sappington
Tonn asked for consultation with the City Attorney.
8:12 p.m. - Recessed Regular Session for Executive Session
8:30 p.m. - Resumed Open Session
Sappington explained the Adyl proposal, stated that it had been recommended by the
Airport Advisory Board, and added that staff wished to discuss some of the issues to be
considered regarding this proposal. He advised that the staff had planned to put out a
Request for Proposal (RFP) once the Airport Master Plan has been approved, and
asked Council to deny this proposal and invite Adyl to submit a proposal again in
response to the RFP,
Michael Zucker,
4213 Verde
Vista,
told Council that he owns ICAN Aviation and said
he is in favor of
a full-service
FBO,
but had not looked at the Adyl
proposal
specifically. He
spoke of not
being
pleased about the displacement
of Hangar A during
City Council Meeting MinutesNovember 26, 1996
Page 6 of 12 Pages
the construction of the Adyl FBO, but felt the long-term advantages outweigh the
temporary inconvenience.
Beth Jenkins, 30205 Hacienda Lane, President of Pilots Choice Aviation, Inc., and
Coordinator of the Annual Airshow, told Council that she is a major purchaser of fuel
at the Airport, and spoke of being in favor of having the Adyl FBO at the Airport.
Mary Ellen Kersh, 1903 19th Street, told Council that she is doing real estate business
with Clark Lyda. Speaking for him, she told Council that Lyda had a tax issue to deal
with by December 1. She stated that this proposal was not a part of any other issue,
that there were many miscommunications involving the City staff, and that she felt it
was unfair to Lyda. She recommended that Council approve Lyda 's proposal.
Sappington explained that the staff wished to have the opportunity to request proposals
to directly address the plans for the Airport that had been approved in the Budget.
Wood asked if the Airport Board was aware of the Council direction from the Budget
Retreat, and Sappington replied that they and Lyda had been made aware of Council's
direction.
George
Taylor,
Chairman of the
Airport
Advisory Board, from the audience, said that
he was
hearing
what Sappington
said for
the first time tonight.
Clark Lyda, of Aviation, Inc., said he was not aware of the Council's budget direction.
He spoke of his family needing to re -invest some income prior to December 1, and that
he had started this process in September. He spoke of his proposed facility bringing
increased revenue to the City Airport Fund.
Bain asked how this proposal would affect the operations at the Airport Terminal.
Sappington replied that the City could see a net reduction of $15,000 per year to the
Airport Fund. When asked if the Airport were self-supporting, Sappington replied that
it is not self-supporting at this time. Bain asked Lyda if the proposal would still be
good after December 1, and was told that it would not be valid after December 1. Bain
also asked if there was any way that Lyda could expand his proposal to include the
items that were being requested by the City, and Lyda said he could not.
Zucker said he didn't see why the Airport could not do the Lyda deal as well as the
requests for proposals in the future.
Vincent said he felt there was an opportunity for something good for the Airport, and
that the Master Plan was close to being finalized after the first of the year. Vincent
City Council Meeting Minutes/November 26, 1996
Page 7 of 12 Pages
said he was not aware of the plan by the City to privatize the fuel operations at the
Airport, and that issue has not been discussed in the Master Plan meetings.
George Taylor, from the audience, spoke of the Airport Board having been asked by
staff to prioritize nine "focus ends" for the Budget. He said that after the Airport
Board had made their priority list, the "focus ends" were "massaged" by the City staff.
Burson asked when the Airport Board had met, and was told by Airport Manager
Travis McLain and George Taylor that on October 21, at the regularly scheduled
meeting, there was no quorum, so a special board meeting was called for November 4
and again on November 11.
Bain asked if Lyda had been aware of what the RFP would be, and was told that what
he saw included the City's fuel facility and terminal operations, and he was not
interested in assuming the City's responsibility, but preferred to exercise his right to
provide fuel privately.
Hoyt asked Sappington to read the section in the Budget regarding the Airport.
Sappington read the section referring to privatizing the fuel facility, UNICOM
operations, and terminal operations such as aircraft storage, aircraft sales, maintenance,
car rental, etc.
Bain asked Lyda for clarification of the services he planned to provide. Bain asked if
other FBO's could provide those services and was told that they could, but currently
were not.
Tonn asked if the Council approved Lyda's proposal, if RFD's could be done also.
Sappington replied that it would then be difficult to receive response.
Sappington read the resolution. Banks clarified that Lyda could use just the resolution
to satisfy the deadline of December 1. Motion by Vincent, second by Burson to
approve the resolution. Arroyos asked Vincent how he put the Council's Budget
Retreat direction in perspective with his motion. Vincent said Lyda was only doing
what any of the other FBO's could do. Arroyos asked for Vincent to reply on a basis
of "ownership" and the self -funding issue. Vincent said he sees the Airport as a
difficult issue for the entire City to deal with, and since there was an opportunity being
proposed for the Airport, it should be accepted. Arroyos asked for Vincent's
perspective regarding the self -funding issue. Vincent was unable to answer. Burson
said he felt Lyda's proposal would not preclude anyone else from doing the same.
Arroyos felt it was important for the Council to be consistent with their direction at the
City Council Meeting Minutes/November 26, 1996
Page 8 of 12 Pages
Budget Retreat, and appealed to the Council to make their decision from an
"ownership" standpoint. He asked Vincent to reconsider his motion.
Bain spoke of being concerned that the audience did not understand the Council's
perspective of "ownership" and "stakeholders." He said he felt Council had been
pushed into making a decision without having the time to consider it fully. He told the
audience that the Council needed to make their decisions based on the outcome for the
entire citizenry.
Davis added that the Budget Retreat was the "plan" and agreed that the decisions made
by the Council should follow that pian.
Zucker, from
the
audience,
said he felt
there
was a key
issue being discussed, and
asked Council
to
enlighten
the audience
as to
how the issue affected this item.
Arroyos again explained his reason for questioning Vincent, and explained the
"ownership" perspective. Zucker asked how the community was in conflict with the
Lyda proposal.
George Taylor, from the audience, restated that he is the Chairman of the Airport
Advisory Board and that he was hearing this discussion on "ownership" for the first
time. He said the Board made their decision based on the information given to them.
He stated that if there was another issue to be considered, they should have been
informed.
John Canaan, from the audience, asked for a compromise between the City and Lyda.
He complimented Airport Manager Travis McLain, and said the Airport has a "good
thing going, it and expressed the hope that it would continue.
Hoyt asked if Lyda wanted to do what the plan spelled out. Lyda said he could not
comply with something that doesn't exist. He spoke of being able to comply, but was
trying to put together a good business deal. He spoke of not wanting the Airport to be
subsidized, and he felt the Airport could be a "vital economic generator" for the City.
Hart explained that the proposal was good in many ways, but did not fit the
requirements of the Council Budget Retreat direction. Vincent said he would "stay"
with his motion, that it would be a good thing for Georgetown, and eventually would
pay for itself.
Beth Jenkins said she would also start selling fuel because she currently buys 60 % of
the fuel at the Airport.
City Council Meeting Minutes/November 26, 1996
Page 9 of 12 Pages
Wood restated that the motion by Vincent, second by Burson was still on the floor and
asked for a vote.
Lyda stated that he would be willing to negotiate an agreement to do contract sales of
the City's fuel facilities.
Arroyos asked to go into Executive Session for consultation with employee.
9:59 p.m. - Recessed Regular Session for Executive Session
10:08 p.m. - Resumed Regular Session
Wood restated the purpose for going back into Executive Session as being for
consultation with attorney,
10:10 p.m. - Recessed for Executive Session
10:25 p.m. - Resumed Regular Session
Wood reopened the item for discussion.
Bain asked if there were any projections on the affect of this item on the fuel sales at
the Airport. Hart said that the projection was that the volume of sales would decrease
and therefore so would the revenue. He noted that the staff's concern was the ability to
provide continuing funds for the Airport.
Zucker
asked about other
sources
of income for
the
Airport and was told that the
Airport
receives revenue
from the
lease of land
and
T -hangars.
Bain and Torn stated that they would like to see if Lyda would be willing to take on the
other responsibilities needed by the City. Lyda agreed to negotiate.
Bain asked what changes would be needed to amend the current resolution.
Arroyos asked for staff's opinion of Lyda's willingness to negotiate. Hart said staff
would recommend approval if Lyda were willing to participate with the fuel sales,
UNICOM operations, and terminal operations.
Bain asked Vincent to amend his motion. Vincent amended his motion to include
working with staff to operate UNICOM, terminal operations, and a negotiated contract
for fuel sales. Burson seconded the amendment. Arroyos asked Lyda and was told that
he could envision himself working cooperatively with the staff to that end. Approved
7-0.
City Council Meeting Mintites(November 26, 1996
Page 10 of 12 Pages
Y First Reading of an ordinance rezoning a 2.403 acre tract in the Daniel Monroe Survey
to be known as the Planned Unit Development of Sun City Georgetown, Phase 1,
Neighborhood One -C, from RP, Residential Planned to C-1, Local Commercial, or any
more restrictive district, located southwest of the intersection of Del Webb and Sun
City Boulevards -- Hildy Kingma and Ed Barry
Barry read the caption only on first reading after satisfying the requirements of the City
Charter. Motion by Bain, second by Burson, to approve the ordinance on first reading.
Approved 7-0.
Z First Reading of an ordinance amending Exhibit 1 of the Century Plan - Development
Plan for approximately 16 acres of a 44.01 acre tract in the Antonio Flores Survey, to
be known as Crystal Knoll Terrace, Units Three and Four, located on Crystal Knoll
Boulevard and CR152, from Intensity Level Three to Intensity Level Four -- Clyde von
Rosenberg and Ed Barry
von Rosenberg read the caption only on first reading after satisfying the requirements
of the City Charter. Bain asked the purpose for changing from Intensity Level Three to
Intensity Level Four. von Rosenberg stated that the change allows more units. Motion
by Bain, second by Burson to approve the ordinance on first reading. Approved 7-0.
AA First Reading of an ordinance rezoning a 1.81 acre tract in the Nicholas Porter Survey
from RS, Residential Single Family to RP, Residential Planned, or any more restrictive
district, Located on Janis Drive -- Hildy Kingma and Ed Barry
This item was deferred at the request of the applicant.
BB First Reading of an ordinance rezoning River Ridge, Section Two -A, Block R, Lot 1
from RM -2, Dense Multifamily to RS, Residential Single Family, or any district more
restrictive than RM -2, located at 417 South Ridge Circle -- Hildy Kingma and Ed Barry
Barry explained that this was the culmination of the City -issued rezoning of the
property and it would bring the zoning into compliance with the actual use. Barry read
the caption only on first reading after satisfying the requirements of the Charter.
Motion by Tonn, second by Hoyt, to approve the ordinance on first reading. Approved
7-0.
CC Consider amending the Zoning Ordinance Amendment to establish standards for
wireless communication facilities within Georgetown by declaring an emergency and
setting an effective date -- Sheree Rabe, Murray Blackman, and Wendy Walsh
City Council Meeting MinuteslNovember 26, 1996
Page 11 of 12 Pages
10:43 p.m. - Recessed Regular Session for Executive Session
11:00 p.m. -Resumed Regular Session
There was no action from Executive Session.
Blackman explained that this ordinance was basically the same as had been presented in
the workshop, and gave a brief overview of the restrictions for location of antennae.
Burson asked if a half -mile radius was sufficient, and Blackman confirmed. Blackman
read the caption only on first reading after satisfying the requirements of the City
Charter.
Richard Suttle, representing A T & T, said that basically the ordinance was good, but
he took issue with the indemnity clause.
Hoyt questioned the inclusion of "camouflage" language. Rabe suggested approving
the ordinance tonight with the intent to amend the ordinance. So moved by Arroyos,
and seconded by Davis. That motion was withdrawn by Arroyos, and restated to defer
this ordinance to the December 10 Agenda. Second by Davis. Approved 6-0. (Bain
abstained)
DD Final comments and evaluation of meeting process
Hart suggested a Town Hall Meeting on Thursday, December 5 at 6:00 p.m. to discuss
the Arthur Andersen Study and the Power Computing Development Agreement. Hart
stated that the suggestion to hold the meeting had come from the 4B Corporation. He
asked that some of the Councilmembers plan to attend.
The meeting was adjourned at 11:20 p.ln.
Approved:
Leo Wood, Mayor
City Council Meeting Minutes(November 26, 1996
Page 12 of 12 Pages
Attest:
Sandra D. Lee, City Secretary