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HomeMy WebLinkAboutMIN 10.23.2012 CC-RMinutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, October 23, 2012 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Patty Eason, Danny Meigs, Bill Sattler; Rachael Tommy Gonzalez Jonrowe, Troy Hellmann, Jerry Hammerlun Staff Present: Paul E. Brandenburg, City Manager; Bridget Chapman, Acting City Attorney; Jessica Brettle, City Secretary; Jim Briggs, General Manager for Utilities; Laurie Brewer, Assistant City Manager; Micki Rundell, Chief Financial Officer; Jordan Maddox, Principal Planner; Carla Benton, Planner; Mike Elabarger, Planner III; Eric Lashley, Library Director; Edward Polasek, Transportation Services Director; David Munk, P.E. Utility Engineer; Glenn Dishong, Utilities Director; Minutes Regular Session - To begin no earlier than 06:08 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Presentation of Proclamation in honor of Friends of the Library Week Mayor presented the proclamation to Susan Biggs. City Council Regional Board Reports Patty Eason- Eason reported that, this week, LSTAR will be publishing their RFQ for the on call program support services. She said they are also preparing an RFQ for the freight bypass EIS to go out later this morning. Mayor George Garver- Mayor said CAMPO met two weeks ago and a report was given to the audience at the last Council meeting. City Manager Comments Haunted Hayride Georgetown Airfest Police Promotions Action from Executive Session Motion by Meigs, second by Eason to authorize staff to negotiate the purchase of 304 Rock Dove Lane on the terms discussed in Executive Session. Approved 7-0 City Council Meeting Minutes/ Page 1 of 7 Pages Public Wishing to Address Council On a subiect that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subiect not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Special Meeting held on September 6, 2012 and the Workshop and Regular Council meeting held on Tuesday, October 9, 2012 -- Jessica Brettle, City Secretary D Consideration and possible action to approve a Resolution expressing official intent to reimburse costs for the purchase of Public Safety Vehicles and Equipment, as well as, cost associated with various facility, downtown and park improvements, in an amount not to exceed $2.3 million with proceeds from bonds that will be issued at a later time -- Micki Rundell, Chief Financial Officer E Consideration and possible action to approve the application of a grant to the Texas Historical Commission for a Certified Local Government Grant in the amount of $14,000 -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer, Assistant City Manager Motion by Jonrowe, second by Meigs to approve the consent agenda in its entirety. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: F Public Hearing for the voluntary annexation into the city limits of 224.37 acres in the Walters Survey, to be known as Section 11 of the Madison at Georgetown, located on Ronald Reagan Blvd --Jordan J. Maddox, AICP, Principal Planner Maddox said this item is for the annexation for Section Two of the Madison at Georgetown development and is the second of two public hearings. He said this is a part of a proposed development for a single family, multi family and commercial development. Public Hearing opened at 6:27PM No person was present to speak. Public Hearing closed at 6:27PM No action was taken. G Public Hearing for the voluntary annexation into the city limits of 21.47 acres in the Lewis Dyches Survey, to be known as HEB Georgetown South, located at the intersection of FM 1460 and SE Inner Loop -- Jordan J. Maddox, AICP, Principal Planner Maddox said this is the second of two public hearings and is part of a series of applications staff is considering right now and will return to Council shortly. Public Hearing was opened at 6:28PM Speaker, Calvin Walker, said he is here to talk about a few facts that he associates with the Smith Branch issue City Council Meeting Minutes/ Page 2 of 7 Pages in the area. He spoke about flooding issues and noted the City should be aware of flooding issues there. He said he has witnessed three flooding events in that area. He noted the kicker is there is a flood plain map which is supposed to represent a threshold of 10 inches of rainfall but noted they exceed the flood boundary with a mere four inches of rain. He said the drainage and flooding issue is fixing to be the city's baby. He noted he wants to make sure everyone is aware of this. He said there are residents that will be affected by this if the Council does not hold the developers to a higher standard. Public Hearing was closed at 6:33PM No action was taken. H Public Hearing and First Reading of an Ordinance for Rezoning from Office (OF) District to Residential Single-family (RS) District for 0.2176 acres in the Hart Addition, Berton Tract, located at 601 West 17`' Street -- Carla Benton, Planner and Elizabeth Cook, Acting Director of Planning and Development (action required) Maddox described the item and said this is a clean up Ordinance to allow for single family in this area. He noted this will allow the developer to move forward in the building of a home. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Jonrowe, second by Hellmann to approve the Ordinance on first reading. Public Hearing was opened at 6:35PM No persons were present to speak Public Hearing was closed at 6:35PM Vote on the motion: Approved 7-0 Public Hearing and First Reading of an Ordinance for the Public Safety Plan Element of the 2030 Comprehensive Plan -- Robert Fite, Fire Chief; Wayne Nero, Police Chief and Jordan Maddox, Principal Planner (action required) Maddox described the item and said this is one of the elements mandated by the City Charter. He noted this is an element that the Council has not taken on and approved. He noted this element takes a look at all public safety matters within the City. He said this is a vision for the long term planning of public safety. He said the chiefs will use this as their guiding document. He said they received advice and comments at the last GGAF meeting. Nero said he and Fite collaborated on this and said this is a strategic document at the 50,000 foot level. He noted there were four main priorities and he listed those for the Council. He said things will ebb and flow but noted he feels the priorities in the Public Safety Element will remain the same. He said he thinks they are in line with what the Council discussed not too long ago. Fite complimented Maddox and said staff has worked on this for over a year. Maddox read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Hellmann, second by Meigs to approve the Ordinance on first reading. Public Hearing was opened at 6:39PM No persons present to speak. Public Hearing was closed at 6:39PM Jonrowe thanked everyone for working on the document. She noted this is more of a general document and noted it may be good to have a different name, such as "overview" instead of plan. She said people need to understand this is just a general document. Eason said she believes the unanimous decision by GGAF was to add the term "overview" to the title. There was much discussion on this issue. Motion by Eason, second by Jonrowe to amend the motion that the word overview be added to the title of the document. Approved 7-0 City Council Meeting Minutes/ Page 3 of 7 Pages Vote on the original motion as amended: Approved 7-0 J Public Hearing and First Reading of an Ordinance Rezoning Reata East, Block A, Lots 1 and 2 from the Multifamily (MF) District to Two-family (TF) District, located at 3000 and 3002 Whisper Oaks Lane -- Mike Elabarger, Planner III and Elizabeth Cook, Acting Planning Director (action required) Elabarger described the item and the location involved in the rezoning. He said the applicants are seeking to downzone the two properties from multifamily to a two family zoning district. He noted the two lots are vacant but noted the land in the area is developed with multi family complexes, town homes, duplexes or quadplexes. He said these two properties have been platted since 1984. He noted the applicants feel two family is the ideal type of development to go on these lots. He said staff is in full support of the request. Elabarger read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 6:47PM No persons were present to speak. Public Hearing was closed at 6:47PM Motion by Jonrowe, second by Hammerlun to approve the Ordinance on first reading. Approved 7-0 K First Reading of an Ordinance authorizing the Issuance of 2012A General Obligation Bonds -- Micki Rundell, Chief Financial officer (action required) Rundell said she brings good news to Council. She noted the City issued funding for the first phase of the General Obligation Bonds and received a 2.92% interest rate for the public safety facility. Gary Kimball, of Specialized Public Finance, said Council should have a pricing summary related to the sale that occurred this morning. He said the bid received from Merryl Lunch came in at 2.92 percent. He noted for 25 year fixed rate money, this is an excellent rate. He also highlighted the rate graph and noted it is a good time in historic terms to be offering bonds. He said the rates are higher than they are now 98% of the time. He noted Standard and Poors affirmed the AA+ bond rating. Rundell read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Meigs, second by Eaosn to approve the Ordinance on first and only reading. Gonzalez asked and Rundell said the City is fortunate with this interest rate but noted there is no other debt available to issue. There were many questions. Vote on the motion: Approved 7-0 L Public Hearing and possible action on an amended and restated Development Agreement for approximately 968 acres known as Cimarron Hills, located on Highway 29 West, including an amended and restated Lease Agreement, an agreement for the delivery and use of reclaimed water and an agreement terminating a license -- Jordan Maddox, Principal Planner and Bridget Chapman, Acting City Attorney (action required) Rundell said this is a culmination of a lot of work on this development. She said this is hopefully the last time Council will see the Cimarron Hills issue. She noted this development agreement codifies and extends the development to include the MUD. She said with this, the City will have taken the former PID, capped it and have created a Municipal Utility District for the remaining portion of the project. Maddox said the development agreement addresses the addition of new property as well as provisions related to the financial mechanisms in relation to funding the public improvements. He said residential lots will increase but noted the Cimarron Hills development will remain under the same vision and concept originally approved by the Council. He said the agreement does not differ dramatically from the original development agreement but he listed the new changes. Public Hearing was opened at 6:58PM City Council Meeting Minutes/ Page 4 of 7 Pages No persons were present to speak. Public Hearing was closed at 6:59PM Motion by Meigs, second by Eason to approve the Development Agreement. Approved 7-0 M Public Hearing and possible action on a Consent Agreement between the City of Georgetown and Cimarron Hills Development, L.L.C. and the Williamson County Municipal Utility District No. 26 (upon creation) known as Cimarron Hills -- Micki Rundell, Chief Financial Officer and Bridget Chapman, Acting City Attorney (action required) Rundell said this is the public hearing and the consent agreement that will create the Cimarron Hills Municipal Utility District (MUD) #26. She spoke about the master development fee in the agreement. She said the district will issue bonds once the valuations are there to support those bonds. She said the district will not be out there forever and, by setting certain standards, the district will be out there for no more than 30 years. Public Hearing was opened at 7:OOPM No persons were present to speak. Public Hearing was closed at 7:OOPM Motion by Meigs, second by Eason to approve the consent agreement. Approved 7-0 N Second Reading of an Ordinance amending Ordinance No 2001-31, regarding levying of assessments for the cost of certain public improvements in the Cimarron Hills Public Improvement District, approving the updated Service and Assessment plan and the revised assessment roll, and levying assessments and fixing charges and liens against the property in the district and against the owners -- Micki Rundell, Chief Financial Officer (action required) Rundell described the item and read only the caption of the Ordinance on second reading. Motion by Gonzalez, second by Meigs to approve the Ordinance. Approved 7-0 O Discussion and possible action regarding approval of a Lease Agreement between the City of Georgetown and Boy Scout Troop #155 and St. John's United Methodist Church for use of the Boy Scout Hut in San Gabriel Park -- Paul E. Brandenburg, City Manager Brandenburg spoke about the City's relationship with Boy Scout Troop $115 and spoke about the lease of the Boy Scout Hut with the Boy Scouts. He noted staff is asking Council to approve the lease agreement for another two years under the same terms as before. He introduced Mr. Glenn Beck to show Council some of the things they have done. He introduced Joseph Chambers, a member of the troop, who gave a presentation to the Couhcil. Speaker, Joseph Chambers, said he is the lifescout and he provided a brief history of 155. He said they have 44 scouts on role with the expectation to be over 55 in 2013. He said they have awarded 65 Eagle Scout awards and they have met in the Scout Hut for over 39 years. He described the character of their troop and spoke about the projects they did in 2012. He said they removed a 35 foot tree truck caught under the walking bridge at San Gabriel Park and removed 10 bags of trash from San Gabriel Park as well. He showed pictures of the "Move That Tree" event. He summarized and said Troop 155 is proud of its association with the City of Georgetown. He said they request that the city renew the lease of the Hut to the Boy Scout Troop. Motion by Gonzalez, second by Hellmann to approve the lease agreement. Approved 7-0 P Consideration and possible action authorizing library staff to purchase books from Ingram, Inc. in a total amount not to exceed $100,000 for fiscal year 2012-13 — Eric Lashley, Library Director and Laurie Brewer, Assistant City Manager Lashley said the City has two major vendors in this area and noted Ingram gives the City its greatest discounts. He said the City also receives free shipping from Ingram and noted staff asking for approval to continue to work with them. City Council Meeting Minutes/ Page 5 of 7 Pages Motion by Meigs, second by Hellmann to approve. Approved 7-0 Q Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve Task Orders SBE 12-008 with Steger Bizzell of Georgetown, TX for professional engineering services related to the preliminary engineering and schematic design of a replacement bridge on DB Wood Road at the Middle San Gabriel River in the amount of $163,538.00 -- Edward G. Polasek, AICP, Transportation Services Director This item has been pulled from the agenda. R Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve the contract for the Edwards Aquifer Recharge Zone (EARZ) — VIII, Wastewater Rehabilitation to National Power Rodding Corporation, of Austin, Texas, for the amount of $737,125.00 -- David Munk, P.E., Utility Engineer and Glenn Dishong, Utilities Director Munk said this is the construction associated with the EARZ VIII project and described the tasks included in the construction project. Motion by Eason, second by Hammerlun to approve. Approved 7-0 S Consideration and possible action to execute a memorandum of understanding between the City of Georgetown and Chisholm Trail Special Utility District regarding the consolidation of the district utility system with the City's utility system -- Jim Briggs, General Manager for Utilities and Micki Rundell, Chief Financial Offier Speaker, Mary Wilson, Chair of the Chisholm Trail Board, said we are at the next level of a process that began 10 months ago. She said there have been a few bumps in the road but yesterday she delivered a MOU from the Board that says they do want to continue working toward a definite agreement and a partnership with the City. She said it is the right thing to do but asked how it can be done. She said the most logical conclusion is through the consolidation of the two water systems. She noted the two entities have partnered on many projects in the past and noted she believes they need to take the partnership to the next level. She said there is a substantial savings to be gained through creating a Local Government Cooperation. She said, under the governance of an LGC, both entities eliminate duplication of services, streamline of operations and create an economy of sale that benefits both water system. She noted, through the LGC the combined entities will realized over $19 million in savings over a 15 year period, decreased bonding costs, stabilized water rates and encouraged growth. She said this is the best time for the City and CTSUD to come together for the good of the City, Chisholm and Williamson County. She said, at the end of the day, out customers and your citizens expect adequate sustainable water at a reasonable cost. With a Powerpoint Presentation, Briggs summarized the memorandum of understanding for Council's approval. He provided a brief history of this effort and noted the final report on the consolidation was completed in June 2012, the CTSUD board approved a draft MOU and Council directed staff to negotiate terms of the MOU with CTSUD. He described the process and progress so far. He said the Council is now at the end of Phase Two, which is the possible execution of the MOU. He said the third phase of the process would be to negotiate the final terms in the contract. He said Phases 4 and 5 of the process would be the contract execution and state filings. He said Phase 6 would be the TCEQ Process and Phase 7 would be to close the transaction. He noted each phase takes a little time. Briggs described the memorandum terms. He said March 31, 2013 is the deadline for the definitive agreement. He said the Local Government Corporation Formation and its governance structure would be owned by the City. He spoke about asset and liabilities transfers that will take place. He said the regulatory approval is the City to make the necessary application with TCEQ, which is a CCN related process. He said the CTSUD should make the necessary application with the Department of Justice Voting Rights Act. He continued to describe some of the other terms related to cost savings allocation. He said the LGC will pay the City's raw water cost plus development cost. He said the City saves raw water costs. He spoke about the financing as well. He discussed some of the other items in the MOU including CIP savings, franchise fee, staff transfer and transfers of CCN between LGC and City. He showed Council a graph demonstrating the impact to rates over time and he described these statistics for the Council. He said the staff and consultant recommendation would be to authorize the execution of the MOU, authorize staff to proceed with the LGC formation an authorize staff to negotiate terms of the definitive agreement. He said staff is here to answer questions. City Council Meeting Minutes/ Page 6 of 7 Pages Motion by Jonrowe, second by Gonzalez to approve. Hellmann asked and Briggs said the graph did not indicate that anyone's bill will be going down, but noted it will not go up as sharply. Hellmann asked and Briggs said the GUS Board will still exist but noted the LGC will specifically deal with the issues within the CCN of the district. Meigs asked and Briggs said the increase in rates from 2016 to 2019 will be related to plant expansions. He said the next expansion is the Southlake project which will be a major capital expense for the City. Sattler asked and Briggs said the LGC Board will have complete authority over the district and the service territory they oversee as well. Rodriguez said the LGC will have all of the powers that the City Council decides to give it. He said there are certain restrictions that the creating entity can place on the Board. He noted, absent those restrictions, it has the same authority as any other governmental board. Rundell said this will be a component unit and will be part of the budget, similar to GTEC.Sattler asked and Rundell confirmed the LGC does not have any taxing authority. Sattler said that is the difference from GTEC. Sattler asked and Rundell said the City Council will see their policy and budget items on a regular basis. Sattler asked and Rundell confirmed it does have referred funds. There were many questions regarding how the LGC will function. Hammerlun asked and Briggs said any public meeting will allow for public comment on this issue. Briggs said staff can add public hearings if Council wishes to do so. Briggs spoke about the notice requirements for this process and how everything has been open to the public. Hammerlun spoke about Exhibit B, General Terms, related to the City indemnifying, defending, and hold harmless CTSUD. He asked if it needs to be the City. Rodriguez said until the LGC is created, it will be the City. Hammerlun asked about the insurance coverage in the contract. Hammerlun asked and Briggs spoke about the staff that has been working on this project and rate issues. Hammerlun asked and Briggs confirmed the cost of the consultant will be split between the two entities. Rundell spoke about the auditors and their planned due diligence review. She noted the cost for that review will be coming back to Council at a later date. Gonzalez asked about the formation of the LGC. Briggs said the LGC will be a corporation of the City and it would be no different than the City borrowing itself. He continued to describe this relationship for the Council. Gonzalez asked and and Briggs confirmed there will be no effect to current Georgetown customers. Gonzalez asked and Briggs said the MOU noted there are seven proposed members with two representatives who would reside within the certificated area of the current SUD, one of which would represent rural interests of the area. He said they would also have two counciilmembers and one at large, one of which would have experience in finance. Mayor asked and said there is a section paying the higher rate that will get annexed into the City. He said they will pay the LGC rate and not the City rate. Brandenburg thanked the Council for their work to date. He said it has not been easy and noted public information will be very important as the City receives a lot of questions. Vote on the motion: Approved 7-0 T Discussion and possible action to direct staff regarding a potential amendment to Chapter 2.36 of the Code of Ordinances related to the Attendance Policy for City Commissions, Committees and Boards -- Paul E. Brandenburg, City Manager and Bridget Chapman, Acting City Attorney Hellmann described the reasoning behind this item and said he thinks there should be an excused absence for military service as well sick leave. He said one of his constituents was removed from the board for missing meetings due to military service. Chapman said she is looking for details about the type of military service that would be considered excused. There was much discussion and the Council agreed that it should be two excused absences for both medical or military leave. Motion by Hellmann, second by Eason to approve this change. Approved 7-0 At Mayor Ge ge Garver City Council Meeting Minutes/ Page 7 of 7 Pages Adjournment - The meeting was adjourned at 08:01 PM.