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HomeMy WebLinkAboutMIN 05.11.1999 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: Council Absent: Charles "Hoss" Burson, Charlie Barton, All Council Present Ferd Tonn, Lee Bain, Shorty Valdez, Susan Hoyt, Clark Lyda �'Staff Present:Bob Hart, City Manager; George Russell, Assistant City Manager; Art Rodriguez,Assistant City Attorney; Sandra Lee, City Secretary; Susan Morgan, Director ofFinance and Administration; Jim Briggs, Director of Community -Owned Utilities; VernaBrowning, Director of Community Services; Larry Hesser, Police Chief; Randy Morrow,Director of Parks, Education and Recreation; Anthony Lincoln, Fire Chief;AdrianaSigala, Acting Director of Employee and Organizational Services; Tom Yantis,Director of Information Resources; Ed Barry, Chief of Development Services; MickiRundell, Accounting Director; Laurie Brewer, Senior Accountant; Lori Ann Lankford,Staff Accountant; Dannella Elliott, Finance Administrative Assistant; Lenny Welch,Convention and Visitors Bureau Director; Travis McLain, Airport Director; Ken Finn,Animal Services Supervisor; Jim Babcock, Development Technician; Wendy Walsh,Development Planner Convened atG:43pm. A Mid Year Review of 1998/99 Annual Operating Plan -- Bob Hail Hart reviewed for Council the status ofprojects that. had been scheduled inthe Annual Operating Plan tobe accomplished this year, and Morgan revewedtharovonueoandexpenddumuandohowedchade measuring growth indicators. Hart recommended that budget amendments tocreate funds for revenue being received from specific grants be brought back to Council for consideration on the June 8 Agenda. B Annual Report ofthe Georgetown Project — Bob Hart Judge Billie Ray Stubblefield aoChairman ufthe Georgetown Project introduced the members ofthe Georgetown Project Board and gave Council anoverview ofthe activities ofthe Georgetown Project inthe past year. He noted that they are working toward a Family Resource Center to be opened in the Fall of City Council Meeting W1hnuhes/May11. 1999 1999. He spoke of the Healthy Neighborhood Project initiated by the Project and facilitated by Vista Volunteers. He noted that the Project has developed programs such as "40 Development Assets" and "A Safe Place." Barbara Pearce introduced the Vista Volunteers and acknowledged GISD Superintendent, Dr. Jim Gunn, who thanked the Council for their assistance with funding and Boardmember, Dr. Jim Haskell, who reinforced the need for funding support. Regular Session ® To convene Executive Session Executive Session C Sec.551.071 consultation with attorney D Sec.551.072 deliberation on real property E Sec.551.074 personnel matters F Sec.551.075 conference with employee There was no Executive Session held at this time. Regular Session Called to order at 7:17 p.m. G Action from Executive Session There was no Executive Session held at this time. H Mayor, Council, City Manager, and staff comments and reports Hart spoke about the question on the total number of ballots counted from Early Voting for the General Election held on May 1. He explained that the contents of the two ballot boxes were combined instead of being tallied separately. Bain asked if the City should implement any procedures in the future to keep that from happening again. Hart explained that it will be re-emphasized in training. Wood suggested that the Council consider budgeting for electronic voting. Tonn asked that the appointment of another person to the Housing Advisory Board be placed on the May 25th Agenda as well as the filling of the vacancy on the Facilities Planning Committee. I Citizens wishing to address the Council MaryEllen Kersch, 1903 E. 19th Street, asked Council to consider doing whatever was necessary to allow smoother, more efficient process for early voting in the Runoff Election. Keith Peshak, 800 Oak Crest Lane, complained about various City expenditures and activities. Doris Oglesby, 623 Luther Drive, complained about waiting in a line to vote at Main Early Voting. Della Green, 1901 Vine Street, gave Council copies of a letter she has filed with the Secretary of State's Office asking for a full investigation regarding the missing ballots and other ethical issues regarding the election. Statutory Consent Agenda J Consideration of approval of the minutes for the Council Meeting on April 27, 1999 -- Sandra Lee K Consideration of a resolution approving the election officials to serve for the Runoff Election on May 29, 1999 -- Sandra Lee Kathy Heidemann, 407 Golden Oaks, said she didn't think there were enough election officials and voters were angry about having to wait in line to vote. City Council Meeting Minutes/May 11, 1999 Page 2 of 7 Pages L Consideration of acceptance of the City's Investment Report for Quarter Ended March 31, 1999 -- Micki Rundell and Susan Morgan M Consider an award of an annual bid for hot mix asphalt to Austin Asphalt in the estimated amount of $123,500.00 -- Terry Jones and Jim Briggs N Consideration of a resolution authorizing the Mayor to sign an Addendum to the Airport Land Lease Agreement with Georgetown Jet Center, Inc., adding 300'x 600' to the north and east of the existing lease premises, and amending the term of the lease to 20 years plus a 10 -year option effective on or after June 1, 1999, at a rental rate of $0.10 per square foot per year for the entire leased premises -- Travis McLain and Verna Browning (questioned by Lyda) O Consideration of a resolution authorizing the Mayor to sign an Addendum to the Airport Land Lease Agreement with John Cannan, to amend the term to 20 additional years, plus a 10 -year option, and to amend the rental rate to $0.10 per square foot per year, effective June 1, 1999 -- Travis McLain and Verna Browning (questioned by Lyda) P Consideration of a resolution authorizing the Mayor to sign an Addendum to the Airport Land Lease with Tejas Avionics, Inc. to add 30'x 300' to the east side of the premises, to amend the term of the lease to 20 years plus a 10 -year option, effective June 1, 1999, and to amend the rental rate to $0.10 per square foot per year for the entire leased premises -- Travis McLain and Verna Browning (questioned by Lyda) Hart explained that the leases included in the packet are old leases that don't contain the indemnity clause. Lyda asked that the leases be redone to be the same format as recent airport leases issued by the City. Q Consideration of an award of bid for Odell Geer Construction Company, Inc. of Temple, Texas and project budget to construct the San Gabriel Drainage Improvements Project in the amount of $460,588.00 -- Don Rundell and Jim Briggs R Consideration of Amendment No. 60 to the contract between the City of Georgetown and Camp, Dresser & McKee, to provide professional services related to easement preparation and acquisition for the Sequoia -Berry Creek Water Line, and Austin Avenue Water Line; and for survey and design services related to the County Road 151 Water Line, and the Ferretti Drive Wastewater Line, in the amount of $75,060.00 -- Dan Wallace and Jim Briggs S Consideration of a resolution approving an amendment to the contract with the Texas Department of Economic Development on behalf of Advance Metal Systems -- Bob Hart T Consideration of a resolution to authorize a License to Encroach for a proposed driveway approximately five (5) feet into a platted five (5) foot public utility easement for Berry Creek Subdivision, Section Two, Block D, Lot 20, located at 30103 Torrey Pines Circle -- Carla Benton and Hildy Kingma U Consideration of a resolution to authorize a License to Encroach for a proposed sign to be located in the twenty (20) foot front public utility easement along on the frontage road property line for San Gabriel Village, Section Two, Phase 1, Block 1, Lot 1, locally known as the Luby's Restaurant, located at the intersection of San Gabriel Boulevard and IH 35 frontage road -- Carla Benton and Hildy Kingma V Consideration of a Short Form Record Final Plat, a Resubdivision of Glasscock Addition, Block 36, Part of Lots 1 and 2, located at 706 College, with Variances to the Subdivision Regulations -- David Munk and Hildy Kingma W Consideration of a Record Final Plat of 18.56 acres in the William Roberts Survey, to be known as The Reserve at Berry Creek, Section 1A, Phase One, located along Champions Drive -- David Munk and Hildy Kingma X Consideration of a Record Final Plat of 2.41 acres in the Williams Roberts Survey, to be known as The Reserve at Berry Creek, Section 1 D, Phase One, located along Champions Drive -- David Munk and Hildy Kingma Motion by Valdez, second by Barton to approve the Consent Agenda with the stipulation of using new leases on City Council Meeting Minutes/May 11, 1999 Page 3 of 7 Pages Items N, O, and P and the stipulation that additional workers would be hired for early voting. Approved 7-0. Y Consideration of appointment of a canvassing team of councilmembers to canvass the results of the ' Recount of the District 2 Councilmember contest in the May 1, 1999 General Election -- Mayor Leo Wood Wood appointed Bain, Barton, and Valdez to serve as the Canvassing Team. They left the room to canvass the votes. Upon return, Chairman Bain stated that the tally was found to be correct. Motion by Bain, second by Barton to approve the canvass. Approved 7-0. Z Emergency Reading of an ordinance canvassing the results of the Recount of the District 2 Councilmember contest in the May 1, 1999 General Election -- Sandra Lee Motion by Bain, second by Valdez to approve the ordinance on emergency reading. Approved 7-0. AA Swearing in of new Councilmember for District 2, if applicable -- Sandra Lee The results of the Recount were that the election of Clark Lyda was confirmed. Therefore, there was no reason for swearing in a new councilmember. BB Comments by incoming Councilmember, if applicable The results of the Recount were that the election of Clark Lyda was confirmed. Therefore, there was no reason for swearing in a new councilmember. CC Election of Mayor Pro Tem -- Mayor Leo Wood Motion by Valdez, second by Barton to elect Ferd Tonn as Mayor Pro Tem. Approved 7-0. DD Swearing in of Mayor Pro Tem -- Sandra Lee Ferdinand L. Tonn was sworn in as Mayor Pro Tem by City Secretary Sandra Lee. EE Comments by incoming Mayor Pro Tem Tonn thanked the Council for their vote of confidence and said he looked forward to working with them again as Mayor Pro Tem. FF Consideration of directing staff not to proceed with the creation of the Central Texas Recreation and Entertainment Corporation (a 4B Corporation) -- Leo Wood Reuben Rodriguez explained that "it does not hurt the community to have a 4B corporation." He explained that there are at least 300 other communities in Texas that have created 4B corporations. He said it would not be responsible to the citizens of Georgetown for the Council not to proceed with the creation of the 4B corporation. Kathy Heidemann, 407 Golden Oaks Drive, told Council she is not in favor of the 4B corporation. MaryEllen Kersch, 1903 E. 19th Street, said she thinks the 4B corporation is political and falls short of what needs to be done. She said the 4B and the proposed waterpark, are but a symptom of the real problem. She requested an ordinance stating that any 4B to be used in Georgetown would have to go before the citizens for a vote. Greg Hall told Council that the issue is not about a waterpark, but about city expansion. He said the Council has developed a first class city. He said the "nay sayers" want to stop any continuation of this progress. He said the 4B corporation is a tool that will help the city attain good future development. John Montgomery, 408 Sinuso Drive, said there are very positive uses of a 4B corporation. He suggested City Council Meeting Minutes/May 11, 1999 Page 4 of 7 Pages Council decide carefully if and how a 4B corporation should be used. Bain asked why the item had been placed on the agenda. Wood replied that he had placed it on the agenda because of the numerous comments from his constituents. Bain questioned the wording on the cover sheet that brought up the financing of a waterpark. He also questioned the comment on the cover sheet regarding liability to the City from the previous 4B corporation. Hart explained that the attorney hired to review the legalities has suggested that a new 4B should not be created, rather the duties of the current 4B should be extended. Barton said that the 4B corporation has become a political issue in the election. Hoyt asked what liability the City would face with the dissolution of the current 4B. Hart explained that Bill Methanitis, the attorney hired by the City to handle the legalities of creating a new 4B corporation, has said that when Power Computing is dissolved, the 4B corporation should be kept in place to handle the remote possibility of legal liabilities. He said that from a risk management standpoint, a new 4B should not be created unless the liability can be transferred to a new 4B. West Short, former attorney for Power Computing, said that Power Computing has been dissolved. He said the assets were liquidated or were placed in a trust to be liquidated with the revenue to be turned over to the shareholders. He said it is his opinion that there would be no liability against the City because the contracts have been concluded. Hart said he had not been aware of the information about Power Computing, and therefore, may have given incorrect information to Bill Methanitis. Hart agreed to have Methanitis contact Short. Motion by Burson, second by Lyda that staff not proceed with the creation of the Central Texas Recreation and Entertainment Corporation. Bain asked for an interpretation on how an item to create a new 4B could be brought forward in the future. Assistant City Attorney Art Rodriguez said it would have to be brought back by a dissenting voter on this current item. Lyda said he felt the creation of a new 4B was premature and the current Georgetown 4B, Inc. should be dissolved first, then at some time in the future a new 4B could be created. Motion denied 5 to 2. (Bain, Hoyt, Tonn, Barton, and Valdez in opposition) GG Second Reading of an ordinance providing for the annexation into the City of approximately 4.98 acres in the Joseph Fish Survey No. 232 owned by Shell Ranch Development, Inc., to be known as Georgetown Village Planned Unit Development Section Four, the Village Park -- Clyde von Rosenberg and Ed Barry von Rosenberg read only the caption of the ordinance on second reading. Motion by Tonn, second by Barton to approve Ordinance 99-28. Approved 7-0. HH Second Reading of an ordinance providing for the disannexation of approximately 29.88 acres in the Antonio Flores Survey, a 1.0 acre Sheffield tract and portions of tracts owned by Bill Miller, T. Gauntt and K. Miller -- Clyde von Rosenberg and Ed Barry von Rosenberg read only the caption of the ordinance on second reading. Motion by Tonn, second by Burson to approve Ordinance No. 99-29. Approved 7-0. Second Reading of an ordinance establishing the Main Street Advisory Board -- Lenny Welch and Verna Browning Welch read only the caption of the ordinance on second reading. Motion by Valdez, second by Hoyt to approve Ordinance No. 99-30. Approved 7-0. JJ Consideration of a request by the Palace Theatre Board for funding from the Hotel/Motel Occupancy Tax -- Lenny Welch and Verna Browning Burson asked to defer action on this item until after the Council Budget Advance. Welch explained the request and explained that the revenue expected from the hotel/motel occupancy tax is predicted to be City Council Meeting Minutes/May 11, 1999 Page 5 of 7 Pages lower than in past years. Browning told Council that Deborah Hunt and Gene Taylor would like to speak on this item. Hunt told Council that the Palace Theatre Board is in the process of restoring the theatre. She said she understands that Council traditionally donates funds to the Palace Theatre, but she would like for Council to consider this special funding from the tax revenues. Taylor said the Palace Theatre does not want to compete with the Main Street Facade Fund, but hopes to be able to restore the theatre in order to bring in increased tourism revenue. He gave Council a brochure that explains the restoration, and said the Board would like to be considered in the budget process. KK First Reading of an ordinance authorizing the issuance of the City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 1999, in an amount not to exceed $6,760,000, approving an official statement and other matters related thereto -- Susan Morgan and Bob Hart Morgan told Council that these certificates of obligation would be used for facility renovation. She noted that Garry Kimble of First Southwest and Carol Polumbo of McCall, Parkhurst, were available if there were questions. She read only the caption on first reading after having satisfied the requirements of the City Charter. MaryEllen Kersch said certificates of obligation should only be used in emergency cases. She asked that Council defer issuing these certificates. Morgan said passing these certificates would not result in any tax increases. Hoyt noted that the projects to be funded by these certificates were approved during the budget hearings that were open to the public last August. Motion by Barton, second by Valdez to approve the first reading of the ordinance. Approved 6-1. (Lyda opposed) LL First Reading of an ordinance to prohibit automatic gates from being used at residential occupancies -- Anthony Lincoln Lincoln read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Bain, second by Lyda to approve the ordinance on first reading. Approved 7-0. 9:03 p.m. recessed Open Session for Executive Session Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. MM Sec.551.071 consultation with attorney NN Sec.551.075 conference with employee 9:22 p.m. resumed Open Session G Action from Executive Session There was no action from Executive Session. 00 Discussion of possible amendments to the Sun City -Georgetown Development Agreement to accommodate expansion of their project -- Bob Hart Hart explained that Del Webb Corporation has approached the City about purchasing an additional 326 acres in order to expand their project. He said expansion would allow them to better utilize some of their current land and would allow them to add 1000 units to their project, saying this would allow approximately 5700 acres and 10,500 units. He said they will want feedback from the Council as to whether Council is City Council Meeting Minutes/May 11, 1999 Page 6 of 7 Pages willing for them to expand. Hart noted that originally, the City had agreed to provide infrastructure improvements and charge Special Improvement Project (SIP) fees. They would like to keep the SIP fees at the same level as the current site. Hart said the water service to the 326 acres is covered by the City's agreement with the Chisholm Trail Special Utility District (CTSUD), saying CTSUD has agreed to transfer the service area which would be to the City's advantage. Hart said the City's agreement with Pedernales Electric Co-operative (PEC) allows the transfer of the electric meters to the City, saying the addition of those 1000 units would add to the efficiency of our system. Regarding transportation issues, Hart said there are fees in the Del Webb Agreement that would help provide funds for some transportation needs and an additional $125,000 would be gained for parkland improvements which could be anywhere in the City. He said land would be set aside for the location of a second fire station in Sun City. The SIP fee would allow $200,000 for the construction of the additional station. Hart cautioned Council that if the City refuses this expansion, and a private developer comes in, CTSUD would do the water, we would do the wastewater, and Pedernales would pick up the electric. He said there would be the increased traffic from the additional units but no way to collect a transportation fee. He said with the Sun City expansion there is no impact expected to the Georgetown School District. Hart explained the particulars involving water and wastewater lines for the proposed development. He said this would help the City to install additional wastewater lines to fulfill the agreement with CTSUD and to loop the waterlines to the Chisholm system. Morgan explained that the City will not see a great financial impact, rather, the debt would be issued incrementally as needed as has been done in the past. Barton and Burson said they want to keep Sun City as a total City project and not allow the site to be developed independently. Council generally agreed to allow the negotiations to continue. The consensus was to focus on the sizing of the waterlines; and to require interconnected streets to improve emergency response with the underlying philosophy that the Council will allow the development to occur but will not subsidize it. 1 • • meetingThe was adjourned at i• Approved LEMMUSEM City Council Meeting Minutes/May 11, 1999 Page 7 of 7 Pages Attest 6,! idb City Secretary Sandra Lee