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HomeMy WebLinkAboutMIN 10.24.2000 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: Council Absent: Charles "Hass" Burson, Ferd Tonn, Lee All Council present Bain, Susan Hoyt, Clark Lyda, Sam Pfiester, Llorente Navarrette Staff Present. George Russell, City Manager; Marianne Banks, City Attorney; Cathy Riedel, Assistant City Attorney; Sandra Lee, City Secretary; Tom Yantis, Director of Information Resources; Micki Rundell, Director of Finance and Administration; Jim Briggs, Director of Community -Owned Utilities; Verna Browning, Director of Community Services; Eric Lashley, Library Director; William Adams, Water/Wastewater Service Manager; James Baker, Development Planner; David Munk, Development Engineer; Mark Miller, Street Superintendent; Debbie Charbonneau, Main Street Manager; Travis McLain, Airport Manager s i - •s - •0 Called to order at 4:05 p.m. A Joint Meeting with the Library Advisory Board to discuss: - Review of Library Board By -Laws and Council procedures and policies relating to Boards and Commissions - Current library statistics - Possible research by Library Board relating to trends in library space allocation, functions, & programs - Ways to maximize utilization of space in present library facility - Criteria for selecting a consultant to perform a needs assessment for the library - Revision of the library's long-range plan Discussion was held concerning the above topics with the following Library Boardmembers: Nell Dickson, Dorothy Hagen, Claire Vogler, Sam Arant, and Judy Parks and Library Director Eric Lashley B Discussion of City of Georgetown's future needs for facilities and implementation of the Facilities Plan Elementof the Century Plan Russell reviewed options regarding City facilities. Dwayne Brinkley of Brinkley Sargent Architects explained the studies that have been done and presented a project timeline regarding City facilities. It was decided that Russell would do a preliminary facilities presentation to the Citizens Committee on Funding Needs at their meeting on Thursday, November 2. 5:30 p.m. recessed - 5:55 p.m. reconvened City Council Meeting Minutes/October 24, 2000 Page 1 of 7 Pages �m C Sec.551.071 consultation with attorney - Pending Litigation -City of Georgetown and George Russell, in his official capacity as Acting City Manager and Officer for Public Information; Cause No. 00-0453; In the Supreme Court of Texas -City of Georgetown and George Russell, in his official capacity as Acting City Manager and as Office for Public Information v. John W. Cornyn, Attorney General of Texas; Cause No. GV -001865 (353rd District Court of Travis County) -Dome) v. City of Georgetown, Cause No. 94-020-C368 (368th District Court, Williamson County -Energy Transfer Group v. LCRA v. City of Georgetown; Cause No. 99-174-C277; (277th District Court, Williamson County) -Georgetown Waterpark, Ltd. v. City of Georgetown, MaryEllen Kersch, in her capacity as Mayor of Georgetown, Ferd Tonn, Lorenzo Valdez, Clark Lyda, Susan Hoyt, Lee Bain, Charlie Barton and Charles Burson, each in their capacity as City Council members of Georgetown; Cause No. 00-209-C277 (277th District Court of Williamson County) -Energy Transfer Group v. LCRA v. City of Georgetown; Cause No. 99-174-C277; (277th District Court, Williamson County) -Walker and Shell Road Golf Center, Inc. v. City; Cause No. 00-083-C277 (277th District Court, Williamson County) -Ryan v. City; Cause No. 00-210-C277; (277th District Court, Williamson County) -Wallace v. William Joseph Pascoe, Jr., Gary Todd Terbush, David Morgan, Chief of Police and City of Georgetown; Cause No. A -00 -CA -609 -SS; U.S. District Court for the Western District of Texas - Potential Litigation - Code Enforcement Actions - Legal/Risk Management Issues D Sec.551.072 deliberation on real property - Purchase of property for use for city facilities E Sec.551.074 personnel matters - Hiring process for the position of Director of Development Services - City Attorney Job Description F Sec.551.086 competitive matters - Wholesale Power F2 Sec.551.086 deliberation regarding economic development - Industrial prospect Executive Session was not convened at this meeting. G Comments from the dais regarding the following items: - Opening Comments and Welcome to Audience Mayor gave a brief overview of Council Meeting procedure. - Mayor's Comments - "Understanding Local Government Law in Texas" Seminar on December 5, 2000 Mayor and Tonn will attend. - Recent misrepresentations in the Austin American Statesman Mayor disputed the implied idea in a recent newspaper article that the City would implement a building moratorium. - List of Topics from Executive Session Banks listed the status on some pending lawsuits. - Discussion of Upcoming Workshops and Council Calendar Mayor announced that there would be a Special Meeting of the Council with Tom Moriarity, Downtown Business District Consultant and officials from the Texas Department of Transportation on Thursday, November 2 in the Council Chamber to review the plans for the reconstruction of the two bridges and widening of Austin Avenue. - Reports from Councilmembers regarding committee assignments Pfiester announced that the Utilities Subcommittee would meet Wednesday (tomorrow) at 3:00 p.m. at the Development Services Conference Room. Discussion was held as to whether there should be minutes kept at Subcommittee meetings. Hoyt asked that an item be placed on a future City Council Meeting Minutes/October 24, 2000 Page 2 of 7 Pages agenda to decide if minutes should be kept at Council subcommittee meetings. - Reports from Boards and Commissions There were no reports from boards or commissions. H Report from City Manager on issues affecting City Operations -- George Russell - Request for applicants for the Williamson County Appraisal District Russell read the qualifications to be an applicant. - Solicitation of Nominations for Members of Brazos G Regional Water Planning Group Russell read the information and deadline for the request for nominations. - "Developing Marketable and Environmentally Sensitive Conservation -Based Subdivisions" Seminar on October 27, 2000 Russell said he would attend this seminar. - "Linking Performance Measures to the Budget" Seminar on November 10, 2000 Russell said he would attend this seminar. - New Positions and Job Vacancies Russell announced that the following positions have been filled: Assistant City Manager - Tom Yantis; Police Chief - David Morgan, Accounting Specialist - Karrie Pursley, Libary Director - Eric Lashley, Information Technology Project Manager - Joshua Crozier He gave the status of the positions that remain vacant and distributed to Council the job description and advertisement for the position of Director of Development Services. -Economic Development Issues Russell told Council he will meet with the Economic Development Commission on Thursday to determine a finalized job description for the Economic Development Director. Action from Executive Session items from Monday October 23 and/or Tuesday, October 24, 2000 There was no action from Executive Session. J Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate - Robert Seamans, 104 Southcross Road, regarding lobbying the City Council. Asked Council to develop guidelines to prevent staff from using any one contractor. He said he objected to the way that Texas Disposal System was promoted by staff at a previous meeting. Mayor Pro Tem Bain recognized two Boy Scouts in the audience. K Consideration of approval of the minutes for the Special Council Meeting of Monday, October 9 and the Regular Council Meeting of Tuesday, October 10, 2000 -- Sandra Lee Pfiester pointed out that it should have been noted in the minutes that he was in attendance at the Council Meeting on Tuesday, October 10. L Consideration and possible action to dedicate 2.395 acres owned by the City of Georgetown as Holly Street right-of-way -- Marianne Banks M Consideration of a resolution authorizing the Release of a Special Assessment Lien against property currently owned by Steven C. Merino and wife, Verona Merino, and located at 1604 Main Street -- Marianne Banks N Consideration and possible action to award the bid from Dixon Paving, Inc. of Belton, Texas to construct the Maple Street Paving and Drainage Improvements in the amount of $145,422.50, and project budget in the amount of $152,693.62 -- Mark Miller and Jim Briggs O Consideration of a Public Review Final Plat of 18.7463 acres in the Frederick Foy Survey, to be known as The Planned Unit Development of Sun City Texas, Phase 4-D, Neighborhood 17-8, located on Sun City Boulevard, with Variances to the Subdivision Regulations -- James Baker and Ed Barry Kersch noted that this item had actually been pulled from the agenda and that the item that should have been in this position was not posted and would be brought back to Council at the next meeting. City Council Meeting Minutes/October 24, 2000 Page 3 of 7 Pages P Consideration and possible action to approve an agreement between the City of Georgetown and Nextel Communications, Inc., to lease space on the City of Georgetown's Central Water Tank for the purpose of installing cellular antennas and compensation to the City of Georgetown in the amount of $1,100.00 per month or $13,200.00 annually -- William Adams and Jim Briggs Briggs clarified that the rent revenue is in line with other rents across the country and that the rent money will be spent to repaint and refurbish the water tank. Lyda questioned the insurance limits and staff indicated the limits should be adequate for the exposure. Q Consideration and possible action to approve a contract amendment to the existing Professional Services Agreement between the City of Georgetown and Camp, Dresser and McKee, to provide professional engineering services related to providing easement research, preparation and acquisition services for the City of Georgetown's eight (8) water wells, in the amount of $36,400.00 -- William Adams and Jim Briggs R Consideration of and possible action regarding a request from Trinity Aviation, L.L.C. to lease an additional 0.10 acre adjacent to their leased premises at 212 Stearman Drive (formerly Cannan Aviation) -- Travis McLain and Verna Browning Navarrette confirmed with McLain that the lessee understood that he would need to go through the development process in order to put in a parking Browning lot. S Consideration of Assignment of Airport Land Lease from James W. Stugart and Nancy Lynn Stugart to the Jim and Nancy Stugart Trust -- Travis McLain and Verna Browning Motion by Tonn, second by Bain to approve the Consent Agenda with the exception of Item O which was incorrectly posted. Approved 7-0. Legislative Regular Agenda T Consideration of sanitation service levels and rates and authorization to amend the contract with Texas Disposal Systems to include payment changes, an incentive plan, and public collection station services -- Verna Browning Browning distributed a hand-out and explained three options proposed for the sanitation contract renewal. There was discussion regarding the options and the incentive plan. Motion by Tonn, second by Hoyt to approve Option 1. Navarrette questioned the reason for the various options and the way the incentive plan would function, and said he was not comfortable with any of the options. Bill Masterson, 1501 Laurel, said he is tired of bulky waste items on the curbs. He suggested that a Citizens Task Force be formed to study the complexities of sanitation. He noted a couple of items that have remained on the curb for several months. Motion by Lyda, second by Pfiester to amend Tonn's motion to delete the one-year extension of the contract term. Call for the vote on the amendment. Approved 7-0. Call for the vote on the amended motion. Approved 5-2. (Bain and Navarrette opposed) U First reading of an ordinance amending Sec. 13.04.180 of the Georgetown Code of Ordinances relating to Solid Waste Disposal Rates -- Verna Browning Browning read only the caption on first reading after having satisfied the requirements of the City Charter. She made two clerical corrections to the ordinance. Lyda asked how much the residential rates are subsidized by the commercial roll -off rates. Eddie Dick of Texas Disposal Systems answered that the rates in Georgetown are higher than the other general rates in the area. Browning noted that all the commercial rates combined are designed to subsidize the residential rates. Lyda asked that the rates be revised in the future to more closely reflect the cost of service. Banks noted that this has been policy since the City first privatized garbage collection several years ago. City Council Meeting Minutes/October 24, 2000 Page 4 of 7 Pages Motion by Lyda, second by Tonn to approve the ordinance on first reading. Approved 6-1. (Navarrette opposed) 7:24 p.m. recessed -- 7:43 p.m. resumed At this time, Item Z was moved forward. Z Urban Design Amendments 1- Second reading of an ordinance amending the Subdivision Regulations to repeal the sunset provision for the urban design standards -- Ed Barry Banks read the captions of all three ordinances in Item Z. Motion by Lyda, second by Navarrette to approve all three ordinances. Approved 5-1. (Tonn opposed) (Pfiester abstained) Ordinance 2000-54 was approved. 2. Second reading of an ordinance amending the Sign Ordinance to repeal the sunset provision in the adopting ordinance reflecting the urban design requirements -- Ed Barry Banks read the captions of all three ordinances in Item Z. Motion by Lyda, second by Navarrette to approve all three ordinances. Approved 5-1. (Tonn opposed) (Pfiester abstained) Ordinance 2000-55 was approved. 3. Second reading of an ordinance amending Section 6. of Ordinance No. 2000-22, Zoning Ordinance Urban Design Plan Implementation, to extend the time period for development applications exempted from Urban Design Standards -- Marianne Banks Banks read the captions of all three ordinances in Item Z. Motion by Lyda, second by Navarrette to approve all three ordinances. Approved 5-1. (Tonn opposed) (Pfiester abstained) Ordinance 2000-56 was approved. V Consideration and possible action on suspending quorum requirement for Council Workshops -- MaryEllen Kersch Kersch explained that some of the councilmembers are experiencing difficulty arriving at the workshop by 4:00 p.m. so she asked that the quorum requirement be removed. Motion by Burson, second by Pfiester to approve. Banks noted that a citizen talked to the AG office. Banks said there is nothing in the Open Meetings Act that says the City cannot do this. She made it clear that the workshop would still be posted. Navarrette asked that the written materials distributed at the workshop be provided to any councilmembers who are unable to attend. Approved 5-2. (Hoyt and Tann opposed) W Request for update on off-site directional signage proposal by homebuilders/developers; possible direction to staff regarding sign ordinance changes to accomodate off-site directional signage; and possible direction to staff regarding "bandit sign" enforcement activity -- Clark Lyda Banks explained that John Gavurnik had an appointment in Austin and could not be here tonight. The item will be prepared for the next Council AGenda. Motion by Lyda, second by Hoyt to defer this item until the next agenda. Approved 7-0. X Review of allocation of hotel occupancy tax revenues and budgeted expenditures for fiscal year 2000-200; possible action and/or direction to staff regarding same -- Clark Lyda Lyda questioned the majority of the expenditures annually spent from the hotel/motel tax. He asked that further expenditures be halted for this year, and asked that the Convention and Visitors' Bureau (CVB) Department remain status quo until the Economic Development Commission can determine the results of money spent, with the exception of the money set aside for the economic development director, statutorily -mandated advertisement, and salaries of current staff. It was pointed out by Hoyt that $33,000 has already been designated for the Palace Theatre even though only $11,000 was designated in the budget for "bricks and mortar." She suggested other groups, such as sports organizations who put "heads in beds" should come to the Council for money to promote their activities. There was much discussion. City Council Meeting Minutes/October 24, 2000 Page 5 of 7 Pages Russell pointed out that the CVB funds also contain Main Street funds and Economic Development funds. Lyda said he was not proposing that those funds be involved. Russell noted that he has already reduced the expenditures of the CVB, but some obligations remain where money has already been expended. He noted that Debbie Charbonneau is 50% complete on her certification course, saying there would be another $5,000 for the completion of the certification. He said the rest of the expenditures could be shut down with the exception of some obligations during the holiday season. Lyda said he is not trying to interrupt current programs. There was discussion as to how to handle the expenses of the Red Poppy Festival. Motion by Lyda, second by Pfiester that expenditures be halted with the exception of the salary and essential expenditures in the programs covered by the Economic Development Division until the Economic Development Director has been hired and can devleop a plan for expenditure of the occupancy tax revenue in coordination with the CVB Board, Main Street Advisory Board and the Economic Development Commission. Russell estimated that the Economic Development Director would be hired in February. Bain said he felt the Council would be stepping in and making decisions that they have asked the Economic Development Commission to make. Russell offered to meet with the CVB Board to see if there are any interim community activities that could be performed by the CVB staff, such as development of brochures, and advertising fliers. Approved 4-3. (Opposed by Bain, Hoyt, and Tonn) Y Miscellaneous Second Readings 1. Second reading of an ordinance of the City of Georgetown amending Chapter 14 of the Code of Ordinances relating to the establishment of a Master Cable Services Regulatory Ordinance -- Cathy Riedel and Marianne Banks Banks noted that this item was pulled from this agenda and would come back to Council at the next Council Meeting on November 14. 2. Second reading of an ordinance establishing temporary no parking zones on Arrowhead Lane and Thornwood Road -- Marianne Banks Banks read only the caption on second reading. Motion by Hoyt, second by Navarrette to approve Ordinance 2000-57. Approved 7-0. Z (Handled earlier in the meeting, following Item U) 1. First reading of an ordinance rezoning 15.62 acres in the D. Monroe, J. Sutherland and A. Williams Surveys, and Resubdivision of Fountainwood Estates, Phase 2-A, from A, Agricultural to C-1, Local Commercial, or any more restrictive district to be known as Fountainwood Plaza --David Munk and Ed Barry Munk read only the caption of the ordinance after having satisfied the requirements of the Charter. Motion by Lyda, second by Tonn to approve on first reading. Approved 7-0. 2. First reading of an ordinance rezoning Logan Ranch, Section 1, Lot 63, from A, Agricultural to RS, Residential Single Family, to be known as The Logan Plateau -- David Munk and Ed Barry Munk read only the caption of the ordinance after having satisfied the requirements of the Charter. Motion by Tonn, second by Bain to approve. Approved 7-0. 3. First reading of an ordinance rezoning 18.7463 acres in the Frederick Foy Survey, Abstract 229, to be known as The Planned Unit Development of Sun City Texas, Phase 4-D, Neighborhood 17-8, from A, Agricultural to RP, Residential Planned Zoning, or any more restrictive district, located on Sun City Boulevard --James Baker and Ed Barry City Council Meeting Minutes/October 24, 2000 Page 6 of 7 Pages Baker read only the caption of the ordinance after having satisfied the requirements of the Charter. Motion by Tonn, second by Bain to approve the ordinance on first reading. Approved 7-0. BB Discussion and consideration of acceptance of letter of resignation from David Hays and possible direction to staff concerning designated representative to the Historic Preservation Commission -- MaryEllen Kersch Kersch explained that Council might want to consider removing the designation of the County representative to the Commission. Banks noted that this action would require a change in the ordinance. Bain said he feels someone from the County, not necessarily a County Commissioner, should serve on the Historic Preservation Commission. Kersch suggested it be a County employee who offices in the historic County Courthouse located in the center of the downtown square. Motion by Bain to accept Hays' resignation and direct staff to change the designation of that representative from County Commissioner to a Williamson County employee who offices in the historic County Courthouse. Approved 7-0. At this time, Council resumed discussion regarding future workshops and the following were scheduled: Thursday, November 2, to discuss the Austin Avenue widening with the Texas Department of Transportation and visit with Consultant Tom Moriarity. Monday, November 13, performance evaluations for the City Secretary and Municipal Judge, and final determination of the job description for the City Attorney. Tuesday, November 14 - Billing for Fire Services and presentation by Library Services Director Eric Lashley Monday, November 27 - Ethics Review by City Attorney and discussion with the Chairs of the City Boards and Commissions Tuesday, November 28 - 1999/2000 Year End Budget Report Wednesday, November 29 - at 5:00 p.m. Performance Evaluations of City Attorney and City Manager Motion to adjourn at 8:53 p.m. The meeting was adjourned at 08:53 PM. ayor MaryEllen Kersch City Council Meeting Minutes/October 24, 2000 Page 7 of 7 Pages Attest: City Secretary Sa L ra Lee