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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