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HomeMy WebLinkAboutMIN 08.10.2010 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Patty Eason, Gabe Sansing, Danny Meigs, Bill Sattler, Pat Berryman, Dale Ross, Tommy Gonzalez Council Absent: All Council Present Staff Present: Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Brettle, City Secretary; Jim Briggs, Assistant City Manager; Micki Rundell, Chief Financial Officer; Elizabeth Cook, Community Development Director; Jordan J. Maddox, AICP, Interim Principal Planner; Kevin Russell, Director of Human Resources and Civil Service; Terry Jones, Support Services Construction Manager; Laurie Brewer, Assistant Finance Director; Lorie Lankford, Accounting Manager Regular Session ® To begin no earlier than 06:05 P (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 Comments from the Mayor - Welcome and Meeting Procedures Mayor Garver read a prepared statement entitled "An Open Letter to the City Council' into the record. It read as follows: Good evening Ladies and Gentlemen: This evening I would like to alter my normal welcome. In its place, I would like to present an open letter from me that I will read into the record. Before I read this letter I wish to offer a statement of clarification. When I refer to our City Council in this document I include myself as a member. Thus the content of this paper is directed to me as well as all other members of the Council with the exception of our new members, Mr. Gonzalez and Mr. Meigs, who have little personal history with our past governance process. An Open Letter to the Members of the City Council It is no secret that the working relationship between the elected officials of this City has for sometime been strained and far less than cordial. Therefore, this evening I am requesting that we all make a commitment to move away from this destructive modality and into a different, positive working relationship. City Council Meeting Minutes/ Page 1 of 6 Pages Historically, our City has earned distinction as a city of excellence. I am quite sure that we all ran for office on a platform including a commitment stating our highest priority was quality leadership for a distinguished city. To this end, we promised the finest leadership in a truly open governmental process. In return, we hoped that our behavior would elicit community pride in the elected officials. However, 1 fear this is not how many citizens currently their view our performance. service and If we appear to be less than exemplary, we endanger some very important City priorities. As an example, one of the high priorities for our City is quality economic growth. Prospective investors could be discouraged from a commitment to invest in Georgetown if we are perceived as a City where the elected officials are unable to get along and are not providing quality, open leadership. As elected officials, we should retain our core values and recognize the will of our constituents. Those of us who answer the call to public service are well aware that our willingness to serve our community does expose us to public scrutiny, so we should always strive to perform with the highest level of integrity. With this as a given, it is not surprising that our perspectives may differ from time to time. Disagreements, often healthy for differing points of view, should be heard and debated. This is the essence of quality open governance. The key to this process is a new, high level of civility between all parties and the masterful use of compromise. Georgetown maintains the reputation of being one of our nation's preferred communities and is often referred to as a city of excellence. We have reasonably priced housing, taxes that are lower than most comparable communities, and many other attractive amenities. However, to become truly great, these strengths need to be supplemented with exceptional schools, a strong employment base, excellent health care, quality public safety, and a high level of civil discourse. We, as a city of excellence, need a city government that is skilled in providing leadership for the accomplishment of strategic goals developed by the City along with a demonstrated commitment to reach these goals. If any of these core values falter our chances of achieving an even higher standard of excellence are greatly reduced. In our case, looking back will likely serve no useful purpose. Whatever the issues and behaviors were that brought us to this point, they need to be put behind us. It is essential that we move forward in a collegial manner and in the best interests of our City. I ask that all of us test our behavior with a simple question. "Are our behaviors in the best interests of our City and quality governance?" In some settings, the problems we have been experiencing could have materially affected the operations of a city. Thanks to the excellent leadership of our City Manager and the entire City staff our City is operating very well. We owe our staff (Hopefully Congress our deep appreciation some lessons from us.) and sincere thanks for their wonderful service and dedication. Our job as elected officials is to set the policies for the City and to provide oversight where stipulated by either our Charter or our City Ordinances. I encourage us to remember that Council speaks only through its actions at the dais. While perfection is often a desired goal, none of us are infallible, and we need to accept the fact that our governance process will never be perfect. In spite of this fact, we can work to provide the finest model of open, quality governance. (Hopefully Congress might even be able to take some lessons from us.) Tonight, I am asking each of you to join with me in pledging that we will set aside whatever differences we may have. We must put to rest any unresolved personal and philosophical disagreements and recommit ourselves to the service of our community. Moving forward, let us treat each other with genuine respect as we listen to diverse ideas and concepts. There will be times when our differences will be obvious, but let us confine ourselves to the merits of the issues before us. Let us vote our consciences without fear of criticism or rebuke. In conclusion, a personal observation may be appropriate. Our City Council has for the past several years asked a member of the Clergy to offer an invocation at our meetings as we did this evening. Often the one giving the invocation prays for Council, and these prayers are appreciated. However, we should remember that God will seldom do for us what we can do for ourselves. While God may watch our performance, it is up to us to develop the behaviors which will allow us to demonstrate to one and all how elected individuals can provide the finest leadership in an open governance process. Thank you for your courtesy and attention. City Council Meeting Minutes/ Page 2 of 6 Pages - Appointment of Nikita Goodwin to the Georgetown Housing Authority as Resident Commissioner Mayor notified Council of the appointment of Nikita Goodwin to the Georgetown Housing Authority. City Manager Comments The City of Georgetown was recently awarded the Government Finance Officers Association (GFOA)'s Distinguished Budget Presentation Award for the 2009/10 Annual Budget for the 21=` consecutive year. The award represents a significant achievement by the City of Georgetown and reflects the commitment of the governmental body and staff to meeting the highest principles of governmental budgeting. The City of Georgetown was recently named a Gold Level Scenic City. The Scenic City Certification Program is a project of Scenic Texas. Scenic Texas has identified a direct correlation between the success of a city's economic development efforts and the visual appearance of its public spaces. In recognition of this link, the Scenic City Certification Program was developed to support and recognize municipalities that implement high-quality scenic standards for public roadways and public spaces. The program will recognize Texas cities which already have strong scenic standards and will provide an incentive to others to adopt and implement the kind of stringent criteria that has been proven to enhance economic development, improve quality of life and foster a sense of place. 2010 was the inaugural year for this program and Georgetown was one of four (4) Cities named to the Gold Status. End of Season Pool Schedule River Ridge Pool and Tennis Center pools will close on August 15th for the season. Week of August 16 - 22 Village Pool 1 pm - 7pm Williams Drive 1 pm - 7pm Rec Center Outdoor Pool 10am -8pm (closed on Sunday) August 23-27 All Outdoor pools closed Saturday August 28 Williams Drive 1 pm - 7pm Rec Center Outdoor Pool 1 pm -7pm Sunday August 29 Williams Drive 1 pm - 7pm Saturday September 4 (Labor Day Weekend) Williams Drive 1 pm - 7pm Rec Center Outdoor Pool 1 pm - 7pm Sunday September 5 and Monday, September 6 (Labor Day Weekend) Williams Drive 1 pm - 7pm Action from Executive Session There was no action out of Executive Session 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 subject 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 - Doug Smith of the Palace Theatre regarding the theatre's use of grants received from the Arts and Culture Board. Smith said he would like to thank the Council for the $3,500 grant the Palace Theatre received from the Arts and Culture Board. He said the Palace Theatre is now considered one of the premier theaters in central Texas. He said it has become a major draw for residents and visitors alike. He said many people eat in the City's City Council Meeting Minutes/ Page 3 of 6 Pages restaurants and shop in the shops before seeing a show. He thanked the City for allowing the Palace Theatre to use the Old Georgetown Library for their summer theater program. He said he hopes the Old Library can find another life as an arts center. He said he is disappointed that the Arts and Culture Board will not be receiving funding this year. He spoke about the Theatre's upcoming shows over the next few months. 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 Regular Council Meeting held on Tuesday, June 27, 2010 -- Jessica Brettle, City Secretary D Consideration and possible action to authorize professional services related to evaluation, review, and recommendations of certain energy supply contracts from McAndrews and Associates of Round Rock, Texas in an amount not to exceed $21,000.00 -- Jim Briggs, Assistant City Manager E Consideration and possible action to authorize professional legal services with Lloyd, Gosselink, Rochelle & Townsend, P.C., specifically Lambeth Townsend, related to review and creation of specific legal contract documents for Energy Supplies from various providers for Georgetown Utility Systems in an amount not to exceed $30,000.00 without further authorization -- Jim Briggs, Assistant City Manager F Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended June 30, 2010 -- Micki Rundell, Chief Financial Officer; Laurie Brewer, Assistant Finance Director and Lorie Lankford, Accounting Manager G Consideration and possible action to authorize Specialized Public Finance, Inc. (SPFI) to proceed with the preparation of the required bond offering documents for the upcoming October 2010 General Obligation bond issue — Micki Rundell, Chief Financial Officer Consideration and possible action to accept a resolution granting a petition and setting public hearing dates for the voluntary annexation into the City of 0.291 acres out of the Daniel Monroe Survey, 15.732 acres out of the Frederick Foy Survey and Daniel Monroe Survey, and 3.101 acres out of the Frederick Foy Surrey and Burrel Eaves Survey, in various locations in Sun City Georgetown -- Jordan J. Maddox, AICP, Interim Principal Planner and Elizabeth A. Cook, Community Development Director J Consideration and possible action to authorize the participation in the creation of the Central Texas Deferred Compensation Plan in an amount not to exceed $25,000 without further authorization -- Kevin Russell, Director of Human Resources and Civil Service This item was pulled from the agenda by staff. K Consideration and possible action to appoint Tom Benz, Systems Engineering Director to the Central Texas Deferred Compensation Plan Oversight Committee -- Kevin Russell, Director of Human Resources and Civil Service This item was pulled from the agenda by staff. L Consideration and possible action to approve a resolution authorizing the City Manager to pursue federal funding for the Northwest Blvd. Bridge Project -- Paul E. Brandeburg, City Manager Motion by Sattler, second by Gonzalez to approve the consent agenda in its entirety with the exception of items K and L, which were pulled by staff and item H which was pulled to the regular agenda by Sattler. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: City Council Meeting Minutes/ Page 4 of 6 Pages H Consideration and possible action to approve the members of the architectural selection team for Fire Station 5 design -- Terry Jones, Support Services Construction Manager and Micki Rundell, Chief Financial Officer This item was pulled to the Regular Agenda by Sattler. Motion by Sattler, second by Gonzalez that Mr. Bob Young be placed on the architectural selection team for the Fire Station 5 design. Approved 7-0 Brandenburg asked and Sattler clarified this would add an additional person to the team and not replace an existing member. M Public Hearing on the voluntary annexation into the City of 0.291 acres out of the Daniel Monroe Survey, 15.732 acres out of the Frederick Foy Survey and Daniel Monroe Survey, and 3.101 acres out of the Frederick Foy Survey and Burrel Eaves Survey, in various locations in Sun City Georgetown -- Jordan J. Maddox, AICP, Interim Principal Planner and Elizabeth A. Cook, Community Development Director Maddox described the item and said these are simply clean up matters regarding the Sun City development. He said these are parcels that were missed inadvertently over the years. Maddox said there is no Ordinance with this item and noted this is only a Public Hearing. He added no motion is necessary. Public Hearing was opened at 6:28 p.m. No person was present to speak. Public Hearing was closed at 6:28 p.m. N Consideration and possible action to approve a Commercial Contract Amendment to purchase approximately 20.17 acres and a non-exclusive easement at or adjacent to D.B. Woods and Williams Drive for approximately $1,537,917.50 with closing costs from Mueller Family Partnership # 1 LP -- Mark Sokolow, City Attorney Ross said, at the request of the seller, the amendment is not necessary as they no longer desire to do a 1031 exchange. He added, nevertheless, the remainder of the document correctly delineates the updated purchase price at $1.75 per square foot and that the transaction includes the non-exclusive easement. Motion by Ross, second by Sansing to approve the purchase of approximately 20.17 acres of land at $1.75 per square foot with the non-exclusive easement for approximately $1,537,917.50 plus the closing costs and with a credit for the earnest money as well as the option fee. The City Attorney as well as the City Manager is authorized to proceed with the closing and to sign the settlement statement. This pertains to the land adjacent to D.B. Wood and the adjacent access easement to Williams Drive with the seller being the Mueller Family Partnership #1. Approved 7-0 O First Reading of an Ordinance Ordering a Special Election to be held on November 2, 2010, for the purpose of seeking voter response to the proposition of "The Reauthorization of the Local Sales and Use Tax in the City Of Georgetown, Texas, at the Rate of One -Fourth of One Percent to Continue Providing Revenue for Maintenance and Repair of Municipal Streets" -- Mark Sokolow, City Attorney Briggs read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. He said this Ordinance will allow the City to move forward with the quarter cent sales tax election for street maintenance that has been before voters twice before. With a Powerpoint Presentation, Briggs described the election and noted it will be held on November 2, 2010. He said this has allowable by the Texas Legislature since 2001. He said there is a four year sunset provision, meaning it must be re -authorized by voters every four years. He spoke about the outcome of the 2002 and 2006 elections. He said it is a dedicated 0.25 percent sales tax to be used for curb -to -curb street rehabilitation and repairs. He said since April 2003, dedicated quarter cent sales tax revenue of $10.8 million for street maintenance has been utilized. He spoke about the funds available in the current budget from that sales tax. He showed Council a graph demonstrating the street maintenance tax funds over the past ten years. He said the money is used for street maintenance treatments, including microsurfacing, rejuvenation of the surface, asphalt overlay and rehabilitation. He said the City did rehabilitation on 43 lane miles of streets thanks to this sales tax. He showed Council the existing lane miles of city streets. He also showed photos of streets that have received maintenance thanks to the sales tax funds. He spoke about the ballot item and said, if approved, the quarter cent sales tax revenue for streets will continue until March 2015. He said, if it is not approved the sales tax revenue will stop in April 2011. He read the City Council Meeting Minutes/ Page 5 of 6 Pages language that will appear on the ballot in November. Motion by Sansing, second by Meigs to approve the Ordinance on first reading. Sansing said this quarter cent is money well spent. He said it keeps the property tax down as it is a sales tax. Gonzalez asked and Briggs noted there are examples of improvements throughout the City and all of those examples will be made available to the public soon. Briggs said most of the voters that will go to the polls have had improvements done in their area or near their homes. Mayor asked and Briggs said, if this election fails, the money available for the improvements will go away. Vote on the motion: Approved 7-0 P Second Reading of an Ordinance on a Comprehensive Plan Amendment to change the future land use from Medium Density Residential to Employment Center for 39.39 acres in the Berry Survey, to be known as Grande Offices, located at 1010 County Road 152 -- Jordan J. Maddox, AICP, Planner III and Elizabeth A. Cook, Director of Community Development Maddox described the item and read only the caption of the Ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2010-23. Approved 7-0 Q Second Reading of an Ordinance on a Rezoning from AG, Agriculture to IN, Industrial for 39.39 acres in the Berry Survey, to be known as Grande Offices, located at 1010 County Road 152 -- Jordan J. Maddox, AICP, Planner III and Elizabeth A. Cook, Director of Community Development Maddox said this is a companion rezoning to the previous item and he read the caption of the Ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2010-24, Approved 7-0 R Second Reading of an Ordinance amending Chapter 2.20 of the Code of Ordinances relating to "Ethics" -- Jessica Brettle, City Secretary Brettle described the item and read the caption of the Ordinance on second reading. Motion by Gonzalez, second by Sattler to approve Ordinance 2010-25. Approved 7-0 S Consideration and possible action to appoint Councilmember Danny Meigs and reappoint Councilmember Pat Berryman to Capital Area Council of Governments (CAPCOG) General Assembly -- Mayor George Gamer Mayor described the item and said the City has two spots available on CAPCOG. He noted he would like to reappoint Pat Berryman and to appoint Danny Meigs to the Board. Motion by Sansing, second by Sattler to approve the appointments. Approved 7-0 eorge Garver City Council Meeting Minutes/ Page 6 of 6 Pages Motion by Ross, second by Sattler to adjourn -- 6:45 p.m. The meeting was adjourned at 06:45 PM. Jessica Brettle