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HomeMy WebLinkAboutMIN 04.28.2009 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Presento CouncilAbsent: Keith Brainard, Gabe Sansing, Dale Ross, Ben All Council Present. Oliver, Pat Berryman, Bill Sattler, Patty Eason Staff resent. Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Jessica Hamilton, City Secretary; Jim Briggs, Assistant City Manager for Utility Operations; Micki Rundell, Chief Financial Officer; David Morgan, Police Chief; Elizabeth Cook, Acting Community Development Director; Terry Jones, Construction Manager; Jordan Maddox, Planner III; Robbie Wyler, Historic District Planner; Todd Terbush, Lieutenant; Rachel Osgood, Environmental Services Coordinator; Jennifer Bills, Housing Coordinator; Glenn Dishong, Water Services Manager; Edward G. Polasek, AICP, Principal Planner; Thomas R. Benz, P.E., Systems Engineerings Director; Robert Fite, Fire Chief; Keith Hutchinson, Public Information Officer; Regular Session ® To begin no earlier than 06:01 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.) •.- . • _. . Comments from the mayor . Welcome and Meeting Procedures Mayor reviewed the meeting procedures. . Standard and Poors Rating Mayor said the City's bond rating has been elevated up to AA+ and he noted Council was given a list of other Texas cities with that rating. He said Georgetown is now among a very small group of cities. He thanked Kimball for his hard work. . Seeking Airport Advisory Board Applicants Mayor said the City has 21 citizen advisory committees and noted participation in those committees is essential. He said there was a resignation from the Airport Advisory Board and noted there are no current applications from interested parties. He said, if anyone wishes to apply, they may do so. City Manager Comments (fill this out with Shirley's announcement sheet) . Swine Flu Update Brandenburg gave an update of swine flu in Williamson County. . May 9, 2009 General Election The City will hold an election for the City Council seat for District 1 on May 9, 2009. The candidates for District City Council Meeting Minutes/April 28, 2009 Page 1 of 13 Pages 1 are Patty Eason and Ric Spencer. The incumbent Councilmember for District 5, Pat Berryman, is unopposed, and will therefore be elected by acclamation. - Social Service Funding Applications The City of Georgetown is now accepting applications from eligible agencies for social service funding for the City's 2009-10 fiscal year. For more information regarding the City's funding policy and funding guidelines, please go to our website at www.georgetown.org or contact Shirley Rinn at 930-3723. The deadline for filing applications is May 22, 2009. - Micki Rundell appointed as President of the Government Finance Officers Association of Texas - Government Finance Officers Association of the United States and Canada (GFOA) Distinguished Budget Award Action from Executive Session Motion by Berryman, second by Sansing that the City Council approve GEDCO's request that the General Manager of GEDCO be authorized to submit a sealed bid in the foreclosure proceedings related to the property located at 1401 Clay Street in the Williams Drive Gateway in the amount authorized in Executive Session last night. Approved 7-0 Public Wishing to Address Council On a subject that is posted on this a eg nda: 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, there were no persons who requested to address the Council on items other than what was already posted on this 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 Council Workshop held on Monday, March 23; the Council Workshop held on Monday, April 13; and the Council Meeting held on Tuesday, April 14 -- Jessica Hamilton, City Secretary Eason said she has a change to the April 14th minutes on page 4 of 6. She noted she would like to put on the record that the Census Bureau's representative's full last name is Espada-Simeon. Brainard said, on the minutes of March 23, page 2 of 5, third line of the bottom paragraph, he would for, after the word change, add the clause "would require Council's approval." He added, on the minutes of April 13th, page three of three, the second to the last line should say "Brainard said Round Rock collects Round Rock collects two and a half times the amount per capita in sales taxes compared to Georgetown. Motion by Sansing, second by Eason to approve the changes to the minutes. Approved 7-0 D 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 March 31, 2009 -- Lorie Lankford, Accounting Manager; Laurie Brewer, Assistant Finance Director and Micki Rundell, Chief Financial Officer F Consideration and possible action for the approval of the multi -use agreement with TxDOT for providing maintenance for the monument sign to be constructed at 135 and Westinghouse Road -- Terry Jones, Support Services Construction Manager, Micki Rundell Chief Financial Officer H Consideration and possible action to approve Task Order No. MEI -09-002 with McCord Engineering, Inc. (MEI), of College Station, Texas, for professional engineering services to provide engineering services for the electric Distribution model for an amount not to exceed $30,000.00 -- Thomas R. Benz, P. E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/April 28, 2009 Page 2 of 13 Pages Consideration and possible action to approve a Master Services Agreement with Kohutek Engineering & Testing Inc. of Georgetown, Texas, for professional engineering services -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations J Consideration and possible action to approve the first renewal of the Master Services Agreement with Alexander Utility Engineering., of San Antonio, Texas for professional engineering services -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations K Consideration and possible action to approve a Master Services Agreement with Huggins/Seiler & Associates, LP, of Round Rock Texas, for professional engineering services which may be required for the FM 1460 Project under the Texas Department of Transportation's Pass Through Financing Program -- Thomas R. Benz, P. E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations L Consideration and possible action to approve the first renewal of the Master Services Agreement with Aguirre & Fields, LP., of Stafford, Texas (local office in Round Rock) for professional engineering services -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations M Consideration and possible action to authorize staff to request the FAA to change the Control Tower operation hours from 7:00 A.M. — 11:00 P.M. to 7:00 A.M. —10:00 P.M -- Travis McLain, Airport Manager and Paul E. Brandenburg, City Manager N Consideration and possible action to grant the request of Chartwell Properties, LP to deliver a Landlord's Consent To Leasehold Deed of Trust to the Independent Bank of Austin, SSB on the Airport Lease Agreement dated November 1, 2008, and to approve the Memorandum Of Lease -- Travis McLain, Airport Manager and Paul E. Brandenburg, City Manager O Consideration and possible action to authorize the application to the Assistance to Firefighters Grant (AFG) for Fire Engine and Safety/Wellness equipment as outlined by the 2009 AFG program priorities. -- Robert Fite, Fire Chief Motion by Berryman second by Oliver to approve the Consent Agenda with the approved changes to item C and excluding items E and G which were pulled to the Regular Agenda. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: E Consideration and possible action to approve a Resolution approving an amendment to the Georgetown Economic Development Corporation (GEDCO) budget in the amount of $12,000 -- Micki Rundell, Chief Financial Officer Rundell said this is a budget amendment by the Georgetown Economic Development Corporation (GEDCO) related to adjustments in compensation for the City's Economic Development Director. She said it was approved by the GEDCO Board at their April meeting. Brandenburg said, after reviewing nearby communities, it was felt that the City's Economic Develeopment Director was currently underpaid. He said this would bring the salary closer to where it should be expected. Eason asked if he participated in the City-wide bonus program and Brandenburg said he received a Cost of Living (COLA) adjustment as well as the one time bonus payment last year. Eason asked and Brandenburg said some other employees have a similar benefit available to them. He noted this is recognizing and rewarding the fact that the Director brings to the City new business and job creation. Eason said she understands the idea of rewarding an employee for increases, but right now the sales taxes are down, and the City is asking that all other employees take cuts and that there not be any non-essential spending. She noted Council is being told to maintain a status quo budget. She said she is looking at this as a position and not as a person and asked if this pay increase puts this person over their pay grade. Brandenburg said this increase would not put the position over its pay grade and there will still be other positions in a higher pay grade. He said this money is an investment in the individual for bringing money and jobs into the City. He noted this is not only recognition, but a retention issue. Oliver said this is split into a bonus and an increase because the intention of Board was to increase the annual salary but State law prohibits that action. Brandenburg confirmed the 4A Board split this amount. Oliver said it City Council Meeting Minutes/April 28, 2009 Page 3 of 13 Pages is split in two with one as a salary increase and the other half as a retention bonus. Berryman said this corrects the fact that he is underfunded as compared to other Economic Development directors across the State. Sansing said there are a couple of directors under Brandenburg that deserve a pay increase and Mark Thomas is one of them. He noted Thomas has brought a lot of money to Georgetown and Council is remiss if the City does not do everything it can to keep him on board. Eason said she will have to oppose and noted, as she is walking her district and seeing the dire straights people are in as well as the urgency to keep City costs down, and added this may send a negative message to other City employees. She said she can not vote to take sales tax in the 4A to pay for this matter when the funds could be used in a more appropriate way and in a more direct manner to local business. She said, while he deserves a reward, she is not sure it is the right time to do this. Ross said, in terms of the current fiscal year, these funds are coming from the GEDCO (4A) Board and not the General Fund. He said this is seed money to keep one of the best farmers we have on staff with the City. He noted he will be voting in support of this motion. Sattler asked and Brandenburg said Thomas' current salary is $111,759 and, with the bonus, it would be $121,759 per year. Berryman said Mark Thomas won an award last year and she gave an example of his "out of the box" thinking. She said he brings jobs to Georgetown and everybody's constituents need jobs. She said one of the major purposes of the Council is to encourage economic development and the creation of jobs. She noted he is a well sought after man and he has been recruited by surrounding communities. She said it seemed appropriate to give him a retention bonus to bring him up to pay with other Directors in the area. Motion by Berryman, second by Sansing to approve the amendment. Eason said she wants to make sure people know that this is not about the man, but it is about the position and that the 4A tax money should be used for other purposes. Approved 5-2 (Sattler, Eason opposed) G Consideration and possible action to approve the bid for the construction of a monument sign at 135 and Westinghouse Road in the amount of $45,000 -- Terry Jones, Support Services Construction Manager, Micki Rundell Chief Financial Officer Brainard asked and Seery showed the Council a picture of the map of the location and design of the monument sign. Brainard asked and Seery said the facilities department designed the sign. Brainard said he is concerned that this may not be the image of the City to communicate to passers by. He noted it seems to be a massive sign and said the City is communicating messages with this sign. He said it is almost like getting an e-mail in all caps. Brandenburg said the location and look and feel of the sign is driven by TXDOT. Brandenburg asked and Seery agreed there will be landscaping around the sign. Seery gave a brief history of the project. Seery said the picture given to Council shows the location and size, but the actual design is more in line with the DB Wood sign. Oliver said the picture that Council has was only intended to show scale and location. Seery showed Council a picture of the actual design. Oliver and Berryman agreed the actual design is much better than the first picture given to Council. Brainard asked why the Georgetown "G" logo is not being used on this sign. Seery said this was done with the wayfinding package and the "G" was not included. Oliver said the design seems to be consistent with the other signs around town. Sattler asked and Seery said TXDOT requirements are very strict and commercial advertisements are not allowed. Motion by Brainard, second by Sansing to ask staff to look spend more time on the design of the sign and consider incorporating the "G" logo. Oliver said, given the example brought forth to Council, more direction needs to be given to staff. He noted none of the other Georgetown signs incorporate the "G" logo and Brainard said he is not comparing this to the other signs. Brainard said this will be a very visible, lasting effect that will be left with a huge number of people. He added, given the amount of viewing time this sign will receive, the City should get a graphic artist involved. Ross said he thinks staff needs more direction on what Council is looking for in terms of design changes. Brandenburg said some of the City's logos could become outdated and, if you have the "G" memorialized, it may not endure time. Ross asked and Brainard said he would like for a professional graphic artist to spend time with the sign. Oliver said and Brandenburg confirmed this is only $45,000 of the $75,000 budget. Oliver asked if some of the money in the difference could be used to pay for a graphic artist. Rundell said the rest of the $75,000 amount is to be used for utility relocations, electric distribution, solar panels and other requirements for that site. Sansing said the sign is shapely, but is may be good to put more creativity into it. Brandenburg asked and Jones said this design was done by Babenger and Associates which is a professional graphic artist. Jones said the sign will look almost identical to the others. Brainard withdrew is motion and Sansing withdrew his second. Motion by Berryman, second by Oliver to approve the bid. Approved 6-1 (Sansing opposed) P Consideration and possible action to amend the performance agreement between GTEC and the Georgetown Housing Authority related to the Sierra Ridge project schedule -- Jennifer C. Bills, AICP, Housing Coordinator and Paul Brandenburg, City Manager City Council Meeting Minutes/April 28, 2009 Page 4 of 13 Pages Bills said this is forwarded from the last Georgetown Transportation Enhancement Commission (GTEC) meeting. She reviewed the history of the item. She noted the original request was to extend the start date by a year to April 1s' of 2010. She said GTEC found the extension of the agreement to be justified. She noted the Housing Authority was going forward with Sierra Ridge to the best of their abilities but due to the market, they have had several delays on the financing side. She said the recommendation from GTEC was to approve the extension. Sansing said this is much more complicated issue than it seems. He noted Council wants to find out if the Housing Authority wanted to move forward and he also wanted to see if Mark Miller has monies to fix the Northwest Blvd. portion with City funds. Bills said the Housing Authority met on April 20`h, but no further action was taken on this issue. She said they are set to meet again on April 30th. Benz said $325,000 in the Capital Improvement Plan is for the corresponding drainage improvements. Sansing said that is fine as long as it takes care of the drainage issues. Benz added staff would probably use a different design than the Housing Authority. Ross asked if the Housing Authority took a vote at their last meeting. Naomi Walker, Executive Director of the Georgetown Housing Authority, said no motion was made regarding GTEC funding and Sierra Ridge and noted the Board is meeting again on April 30th. Eason asked if the $325,000 was just for drainage and Benz said it is just for the issue at Northwest Blvd and Interstate 35. Eason asked and Benz said, until the City gets into the project, it is hard to tell whether or not it will be sufficient. Berryman asked and Benz said the drainage issue will be fixed whether or not this project is approved. Sansing said his main concern is to fix the drainage. Mayor reviewed the recommendation and said GTEC has recommended to extend the performance agreement. Motion by Oliver, second by Eason to approve the amendment. He said it is important to remember the agreement, which is in effect said neither side would close down the deal if there is a delay which is reasonable and acceptable. Oliver said, if something blocks the project from going forward, the City and GTEC can extend the agreement. Eason read the section of the performance agreement that Oliver referred to. Oliver said the delay has been caused solely by the economic conditions of the Country, which is something the Housing Authority does not have a lot of control over. Walker said, should the Board decide to move forward, they have an investor who will provide a letter of intent for the project. Berryman asked and Walker said their investor is Bank of America. Ross referred Council to the definition of good cause and read the definition as laid out in the agreement. Berryman said she voted in favor of this project the first time it came to Council. She said it seemed legitimate and it was for a good cause. She added, however, upon closer examination, many doubts began to arise. She said the doubts were based on the business plan that was presented to the City by the former Housing Authority Board and the Executive Director Naomi Walker. She added, for out constituents, she would like to explain the process for these types of projects to better understand her concerns. She noted Section 8 Federally Subsidized Low Income Housing is eligible for tax credits. She said it is the government's way of encouraging involvement from the private sector for low income housing projects. Berryman said, to gain these tax credits, a project has to apply to the Texas Department of Community Affairs which has guidelines that must be followed. That is to make sure these projects go to communities that truly need more low-income housing. She said, to be sure that these projects have the support of the community, they require Resolutions of Support from the elected officials and finally to be sure that they are a true public/private partnership, they require a strong commitment from the banking community as well as the public sector. She said, if Sierra Ridge has met those standards, they would have been awarded the tax credits they sought in the first place. She added there are several problems that prevent her support of the extension and she began to list those issues. She said, first, the largest investor in Sierra Ridge is the City of Georgetown with $1.5 million dollars. She noted Bank of America had issued a letter of intent November 4, 2008. She said, according to Valerie Williams from Bank of America, they are making no tax credit awards in 2009, which is her understanding of what this project is seeking. She said, in 2007, the Texas Department of Housing and Community Affairs (TDHCA), which reviews all of these types of projects from all over the state of Texas, had 50 projects awarded tax credits. She said, in 2009, there have been zero projects, which has sold tax credits or bond in all of the state of Texas. She noted there is not a funding mechanism on the horizon for this project. Berryman said, secondly, this has been designated by the TDHCA as a 2 X project. She said, that means that to qualify for money, the TDHCA wants to make sure that your community really need more low income housing. She said they have thresholds to designate different areas. She noted the first being areas that truly need more low income housing and Georgetown is over that threshold. She said Georgetown actually has two times more low income housing than the average city in Texas. She said the City is not categorized as being in the needy category for this housing. She noted this is why they require a Resolution from the City Council, to make sure the community knows what they are doing. Berryman said another gauge of whether your community really needs this type of housing is the standard for schools. She said schools reflect the makeup of the community and also area a large expense to the taxpayers of a city. She said the TDHCA does not like to put too much of a tax burden on communities City Council Meeting Minutes/April 28, 2009 Page 5 of 13 Pages that they go into. She said, the more services a school district has to provide, the more costly it is. She said they look to see how many students are on free or reduced lunches and how many students are on special social services needs. She said, in Georgetown, the City has had at different times this year almost 40% of students on free and reduced lunches. She said the TDHCA prefers to see the 20%-25% range. She said Georgetown has had in the 35%-38% requiring social services needs this school year. She said the TDHCA prefers to have it in the 20%-25% range. She noted, once again, the City is over their threshold. She said she is concerned about the business practices of this project. She said she is assuming that the former Housing Authority Board authorized Executive Director Naomi Walker to enter into a loan with a local bank for $1.2 million on the land where the project is hopefully going to sit. She said that was before they had a signed/secured deal. She said the new Housing Authority Board is paying over $6,000 a month interest only on this loan, with no project in sight. She said should that not be going to Shady Oaks and Stonehaven projects and their residents. She noted that will be $72,000 for a year on interest alone. She said it seems to her that good business practices would have called for a signed deal before entering into a loan process for the land. She said another concern she has is regarding the choice of legal counsel for the project. She said the developer's lawyer is also the lawyer for the Housing Authority for this project. She noted that would have been like the City of Georgetown sharing a lawyer with Simon Properties when the City built Wolf Ranch. She said each party in a deal has to have their own legal counsel to protect their interest. She said, in the end, if this project would have been successful, according to the proposed budgetary information for Sierra Ridge that she has seen, the developer would have made $2,570,000, the architect would have made $1,458,834, and the construction company would have been paid 8% on a $12,092,223. She said this construction fee was also promised with no bid process. She said on a project this size construction companies often do it at 4%. She noted these numbers indicate that Sierra Ridge is a project where some folks are making quite a bit of money. She added, according to Teresa Morales of the TDHCA, there is no current application for Sierra Ridge under consideration. She said they were turned down for the previous application. She said Sierra Ridge could re -submit another application. Berryman said she also wanted to point out that the project was turned down and will need to be changed in order to be reconsidered. In conclusion, Berryman asked shouldn't the public know beyond a shadow of doubt that food business practices have been followed? She said the City has previously $1.5 million involved in this. She added, this deal needs to start over with better business practices, more oversight, and a more realistic budget for her to consider approval of this or a future Council Resolution of any sort. Bills corrected Berryman and said the project received the tax credits in 2008, but due to TDHCA rules, credits have to be returned if funds were not received within a certain time period. Walker also corrected Berryman and said the architect was budgeted for $460,000 with no City fees involved. Walker said the $2.5 million developer fee is split between the developer and the Georgetown Housing Authority and added no contract has been signed. She spoke about the counsel and said it is one of the few firms that know Housing Authority and they have filed conflict of interest forms. She noted the Housing Authority did not get turned down for tax credits and added they applied and received at least two allocations of bonds. She noted they returned the bond allocations because they were not able to break ground within the 150 day timeline set by TDHCA. Oliver asked and Walker said the Board is, in fact, paying $6,000 a month in interest for the project. She said that was something the Board agreed to do when they first signed onto the project. Walker said Section 8 is different than low-income housing tax credits and she noted they serve different income levels. Ross referred to financing and asked when Bank of America will give them an answer. Walker said BOA will not commit to the project beyond the letter of intent until all of the other funding sources are put in place. Ross asked and Walker said they are running several tracks to gather funding and she listed the other options the Board is pursuing. Ross asked and Walker said there is a 70/30 chance that the project would receive funds within the year. She noted all of that depends on the 2X Resolution with the City. She described where the project is in terms of gathering funds. Ross said Walker has made great efforts to secure financing, but the chances of getting finance are slim. Brainard asked and Walker said it is unclear whether or not the Housing Authority is for or against this project. She noted the Board is looking at the same information as the Council and added they are looking into this project further as well. She said she does not know which direction the Board will take. Brainard said Georgetown is one of the few cities that exceed the per capita requirement that requires the Board to get Council sign off. Walker said this does not indicate need. Walker spoke about the 2X Resolution. Brainard said and Walker noted, in her personal opinion, most developers will follow where they can easily build tax credits. She said developers build in areas where they have to do the least amount of work. Brainard made comments about free or reduced lunch in the Georgetown public schools. Brainard asked and Walker said the GTEC money is still in the project. Walker said the people who would live in Sierra Ridge are not the same people that qualify for free or reduced lunch. She noted there are income requirements to live in Sierra Ridge. Brainard asked if the Board has looked at housing trends around the Country and said there are many empty units, which must be having an affect on the cost of those units. Walker said she does not look at single-family City Council Meeting Minutes/April 28, 2009 Page 6 of 13 Pages residences. Sansing asked and Berryman explained where she was able to gather her statistics. Ross asked and Walker said this is a for-profit project because the developer will gain money but the Housing Authority is not making any money. Eason said she will continue to support this project and she said likes this effort because, through the public-private partnership, the City will be able to demand a better quality development. She said something will be built on the property and added she would like for the City to be involved. Berryman said she would like to see this project reshaped and added it is obviously not working right now. She said a more feasible project needs to be built in that area. Oliver asked and Walker said the Housing Authority has chosen not to submit an application for bonds to TDHCA because they would need to break ground within 180 days. Oliver said and Walker confirmed this is a timing issue. Oliver said he thinks it is important to keep this project going and said the City is just extending the project and is not giving money at this time. He said the City will have a better chance of getting a good project if the Council votes for the extension. Mayor said this would simply extend the project as well as give the Board time to explore other design and funding opportunities. Sansing said he thinks the City should go forward with this with the idea that it can always come back to Council. Sansing suggested the extension be reduced from one year to six months. Ross said he does not think the 6 months would work and Naomi would lose time. Mayor clarified the original motion. Vote on the motion: Denied 4-3 (Eason, Oliver, Sansing approved) JJ First Reading of an Ordinance authorizing the 2009 Certificates of Obligation (CO) bond issue -- Micki Rundell, Chief Financial Officer Rundell said there are four required Ordinances to pass in order to issue the bonds. Gary Kimball, with Specialize Public Finance, the City's financial advisor, said he is pleased to report that pricing went very well. He highlighted several aspects of the transactions. He said the City sold at AA+. He noted, over the past quarter's worth of performance, the market has improved significantly. He showed Council a graph of the revenue bond index for tax exempt debt and referred Council to the transaction summary. He continued to review the document and showed Council the best pricing comparable. He said they were able to sell without bond insurance. He said, at a minimum, the bond rating upgrade was worth more or less $200,000. He showed Council a page that outlined the value of the upgrade in today's market. He shared with Council the feedback from Standard and Poors including the continued diversification of the City's tax base, the continued strong financial management of the City, the policies of the City as it relates to its finances, and the fact that the City was quick to react to the general economic downturn. Rundell read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Brainard to approve the Ordinance. Approved 7-0 KK First Reading of an Ordinance issuing the 2009 General Obligation bonds for transportation improvements -- Micki Rundell, Chief Financial Officer Rundell described the item and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Sattler, second by Eason to approve the Ordinance. Approved 7-0 LL First Reading of an Ordinance authorizing the issuance of the self-supporting 2009 Limited Tax Bonds for utility improvements -- Micki Rundell, Chief Financial Officer Rundell described the item read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Brainard, second by Sansing to approve the Ordinance. Approved 7-0 MM First Reading of an Ordinance authorizing the issuance of 2009 General Obligation Refunding bonds -- said Micki the p.m. Rundell, Chief and present staff Financial Officer very very Rundell said this item is for refunding bonds and she read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Brainard, second by Eason to approve the Ordinance. Approved 7-0 Rundell said there is only one required reading for these bonds per State law. Mayor thanked all parties and said resumed -- the p.m. City's past and present staff has worked very very hard. Meeting recessed -- 7:48 p.m. Meeting resumed -- 7:54 p.m. City Council Meeting Minutes/April 28, 2009 Page 7 of 13 Pages O Consideration and possible action to approve a contract with West Monroe Partners, Inc. for the development of a grant application for the purpose of securing federal funds from the Department of Energy through the American Recovery and Reinvestment Act (ARRA) for the Customer Information System/ Advanced Metering Infrastructure (CIS/AMI) project -- Micki Rundell, Chief Financial Officer and Jim Briggs, Assistant City Manager for Utility Operations Rundell said this is an exciting application. She described the item and noted this contract is allowing a consultant to come in and help the City write the grant applications to the Department of Energy. She noted this needs to get in by the third week of June. She added the consultant is so sure the City will receive funding, that it is willing to put 30-40% of its fees on the line. She said this is a $10-12 million dollar project and half of it could be received through the DOE. She spoke about the process and the complexities of filling out the application. She said they are asking that Council approve this contract and, if approved, the City will have Monroe on site Friday to begin the grant application process. Mayor asked and Rundell agreed the sooner the better with the project. Rundell said Monroe will be on site for five weeks through the entire process. Oliver asked and Rundell said a partial portion of the funding of this project is in the current budget. She said the implementation and 'big bucks' for the project will be looked at next year. She noted this will be paid for through the utility funds. Motion by Berryman, second by Oliver to approve the contract. Brainard asked and Rundell said the potential liability to the City is the possibility of not getting the grant. She noted the exposure is about $100,000. Brainard asked and Rundell state, if the grant is not received the City will lose the $100,000, but added this would be money well spent whether or not the City receives the grant. Sattler asked and Rundell said she does not know West Monroe's success rating. Rundell said this is a different type of contract because the consultant will be doing a needs assessment and full business plan of the entire CIS/AMI project. Oliver asked and Rundell confirmed that, if the City does not get the grant, the information they develop will feed into the project anyway. Rundell said staffs goal is to not have wasted funds. Approved 7-0 R Consideration and possible action to approve a Resolution creating a Municipal Utility District (MUD) to be located in Williamson County, Texas on a tract consisting of approximately 129.95 acres of land generally situated in the James Northcross Survey, abstract no. 478, in Williamson County, Texas and located partially within the city's extraterritorial jurisdiction -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs said this item was talked about sometime back when staff reviewed Municipal Utility Districts(MUDs). Staff, at that time, had not received an official request to have a Resolution for this particular MUD. Briggs described the item. Briggs made a correction to the acreage and said staff recommends approval of the Resolution. Motion by Sansing, second by Eason to approve the Resolution. Approved 7-0 S Consideration and possible action on a resolution authorizing the Mayor to execute an Agreement regarding the establishment of the Extraterritorial Jurisdiction boundary between the City of Jarrell, Texas and the City of Georgetown, Texas -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Acting Director of Community Development Polasek described the item and said Council directed staff to go back to Jarrell to re -negotiate the ETJ agreement line up to the North. He said Jarrell is asking that the City finalize the agreements. Oliver asked and Polasek said this will not be a "Weir Trojan Horse" and he described the current proposed boundary with Jarrell. Oliver asked and Polasek said, even if the City was at 50,000 staff would not approach this situation differently. Oliver asked and Polasek said this is just squaring off our boundaries so the City will not have large fingers of land to serve in the future. He said staff wants to provide a workable boundary for utility and planning purposes in the future. Motion by Braianrd, second by Sansing to approve. Approved 7-0 T Consideration and possible action on a resolution authorizing the Mayor to execute an Agreement releasing Extraterritorial Jurisdiction property by and between the City of Jarrell, Texas and the City of Georgetown, Texas -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Acting Director of Community Development Polasek described the item. Motion by Brainard, second by Berryman to approve the Resolution. Approved 7-0 City Council Meeting Minutes/April 28, 2009 Page 8 of 13 Pages U Consideration and possible action on a resolution of support and authorizing the City of Georgetown to proceed with the development a proposal to the Texas Department of Transportation for the 2009 Program Call for the Pass -Through Finance Program related to FM 1460 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Acting Director of Community Development Polasek described the item. He said Georgetown voters approved bonds to rebuild two portions of 1460. He said, with the pass through finance proposal released in March, the option is to use the bonding capacity as the local match where the City would administer the project on TXDOT's behalf and get reimbursed for 70% of the construction costs. He said the catch is to build to TXDOT standards which means the bypass will require additional right of way. He said one of the huge benefits is it will remain a TXDOT project, which means they will pay for the maintenance and upkeep into the future. He said, right now, the cost estimate is right under $15 million. He said they have the internal engineering staff looking at how to value down some of the City's investment. He said this Resolution will authorize staff to make applications for this project. Motion by Sansing, second by Eason to approve the Resolution of Support. Sattler asked and Rundell said the total exposure to the tax payers is about $4.5-5 million. Sattler asked and Rundell said the bonds will have to be issued within the next 24 months. Rundell said, if funding is received for the project, it will move quickly. Polasek said it depends on the construction schedule as well. There were many questions. Brainard listed the many facilities being built in that area and added the City can not get the road built fast enough. Eason said she appreciates the realigment since it will take the road away from residences. Approved 7-0 V Consideration and possible action to appoint Caresa Williams to the Georgetown Housing Authority as an elected member from the Stonehaven community -- Mayor George Garver Mayor described the item and said the recommended seventh person for the Housing Authority is Caresa Williams. Motion by Eason, second by Sansing to approve the appointment. Berryman said there was a question raised and Garver said, since the Board was a seven member board previously during the window of opportunity the City was granted legislatively, it shall remain with seven members. Approved 7-0 W Consideration and possible action to appoint Betty Kuhn Craig to the Housing Advisory Board to fill a vacancy left by the resignation of Suzanna Pukys -- Mayor George Garver Mayor described the item. Motion by Oliver, second by Brainard to approve the appointment. Approved 7-0 X Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve Task Order No. HCl -09-002 with Haynie Consulting, Inc., of Round Rock, Texas, for professional engineering services related to the design of the 2009 Curb and Sidewalk Project in an amount not to exceed $67,000.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Benz explained the item and said this is for the engineering portion of the project and there is a map of the area in the agenda packet given to Council. He said this is in part of the CIP Budget for streets and drainage. Motion by Brainard, second by Sansing to approve the Task Order. Approved 7-0 Y Forwarded from the Georgeown Utility System (GUS) Advisory Board: Consideration and possible action to approve a Master Services Agreement with Prime Controls, LP of Lewisville, Texas, for professional engineering services related to Supervisory Control and Data Acquisition (SCADA) and control systems -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Benz described the item and said Prime Controls has done work for Georgetown's utility on the water, wastewater, and electric side. He said this is a master servies agreement to get them on board when professional engineering services are needed. Motion by Sansing, second by Sattler to approve the agreement. Approved 7-0 Z Forwarded from the Georgeown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order No. HCI -09-001 with Haynie Consulting, Inc.,of Round Rock, Texas, for professional services, related to 2006 Annexation in the amount of $301,905.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/April 28, 2009 Page 9 of 13 Pages Benz described the item and said this is the first of two parts for water/wastewater improvements associated with the 2006 annexation. Motion by Sansing, second by Berryman to approve the task order. Approved 7-0 AA Forwarded from the Georgeown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order No. SBE -09-003 with Steger and Bizzell Engineering, Inc. of Georgetown, Texas, for professional services, related to 2006 Annexation in the amount of $275,000.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Benz described the item. Motion by Sansing, second by Berryman to approve the task order. Approved 7-0 BB Forwarded from the Georgeown Utility System (GUS) Advisory Board: Consideration and possible action to approve a franchise agreement with Consolidated Construction Texas Services (CCTS) to provide commercial lumber recycling within the City's limits and its ETJ -- Rachel Osgood, Environmental Services and Jim Briggs, Assistant City Manager for Utility Operations Briggs described the item and said, last November, a presention was given to Council from a company interested in recycling lumber. He said the material will be recycled and used in compost and other similar products. He said this franchise agreement does not conflict with the contract with the City's current waste hauler, Texas Disposal Systems. He said this particular agreement called for a 4% franchise fee. He noted this was recommended unanimously by the Georgetown Utility System Advisory Board. Sansing asked and Briggs said six yard metal containers would be given to the facilities for the lumber collection. Sattler asked and Chavez said the wood would be taken offsite to be chipped and recycled. Speaker, Chavez thanked the Council, Briggs and Osgood. He noted CCTS was hoping for the opportunity to handle all of the trash on that site and he added he did not want to impede on the current franchise in place. He said there was a clause in the franchise agreement with TDS that allows the City to hire an outside service if that service was not being offered by the current waste hauler. He said, after reviewing this, it will be too costly for CCTS to haul the lumber alone. He said they wanted to service all of the work. Mayor said he is confused. Chavez apologized and clarified saying, when he first sat down with Briggs and Osgood, he understood that CCTS could provide a full service and not just the lumber recycling. Mayor asked and Chavez said it would not be cost effective for them to have this contact. Mayor said, in that case, no action is needed by Council. Ross asked and Briggs said the City could not have an agreement for more than just lumber because it would be a violation of the contract with the City's current waste hauler, Texas Disposal Systems. Briggs said this was a unique service being offered and added that is why it would not have violated the contract. He noted CCTS could not have both the lumber service and the waste hauling. Sansing said he is hopeful, when the economy picks up, this lumber service could be a possibility for CCTS. Eason said the Sun City Advisory Board members were excited about being able to make toys from the wood. Brainard said he is disappointed at this development and added he was amazed to learned at the amount of wood thrown away during the construction of a home and thrilled with the prospect that the City would be recycling the lumber. Brainard asked and Chavez said the wood from the home builds are being hauled off to the landfill and not recycled. Eason said she thinks the Council needs to hear from Texas Disposal Systems. Browning confirmed TDS recycles construction from builders. She said they are fully capable of doing that. She said it is a question of whether the people in Sun Clty are interested in doing it with them. Sansing asked and Browning said TDS can talk to him about the possibiltiies of recycling lumber on the projects he builds. Brainard asked and Browning said it depends upon Pulte and what kind of agreement they would like to have with TDS. Ross asked and Browning said TDS both waits for people to contact them as well as contacts the homebuilders themselves. Gary, the operations manager at TDS, said he met with the site cleanup company that worked for Pulte homes. He said he suggested to them that they separate the lumber before they put it in the dumpster. He said they chose not to do that and TDS has to honor their right. He noted, since then, Pulte has worked with their landscaping company, Austin Site Maintenance, to clean up their job sites and to haul off lumber. He said they do not to business with Sun City. Mayor asked and Gary said what Mr. Chavez wants to do is something TDS already has the capabilities of doing. There was much discussion. Briggs said he was not aware of an issue with this until this evening. Mayor respectfully requested from Brandenburg that staff come back to Council with this after further study. Ross agreed. There was much discussion. Motion by Ross, second by Berryman to send this issue back to staff for further study and review. Berryman said there seems to be an underlying cost to this issue. She added it would be good to ascertain what the motivation is for them using their current service and compare all three options. Approved 7-0 CC Second Reading of an Ordinance adding Chapter 9.14 of the Georgetown Municipal Code of Ordinances City Council Meeting Minutes/April 28, 2009 Pagel 0 of 13 Pages related to graffiti and abatement of graffiti -- Todd Terbush, Lieutenant and David Morgan, Police Chief Terbush read only the caption of the Ordinance on second reading. Motion by Sansing, second by Ross to approve Ordinance 2009-20. Approved 7-0 DD Public Hearing and First Reading of an Ordinance closing a portion of a street known as "Highland Drive" between 24� street and Industrial Avenue and abandoning said portion of Highland Drive -- Terry Jones, Construction Manager Jones explained the item and described the portion of the road to be closed. He noted the property owner has consented to the closure of the portion of the road. Public Hearing was opened 8:52 p.m. No persons were present to speak. Public Hearing was closed at 8:51 p.m. Jones read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Berryman to approve the Ordinance on first reading. Approved 7-0 EE Public Hearing and possible action on a Preliminary Plat for a Resubdivision of the San Gabriel Estates, Lots 7 & 8, to be known as Sonrisa (formerly known as Esperanza), located on Williams Drive near the intersection of Wagon Wheel Trail -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director of Community Development Maddox reviewed item and described the corresponding area in the plat. Public Hearing was opened at 8:53 p.m. No persons were present to speak. Public Hearing was closed at 8:53 p.m. Motion by Berryman, second by Sansing to approve the plat. Approved 7-0 FF Public Hearing and possible action on a Special Use Permit for an accessory residential unit at Morrow Addition, Block E (NW/PT), 0.41 acres, located at 1237 Main Street -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Acting Director of Community Development Wyler gave a brief overview of the special use permit. He said the applicant has come back with an additional change to allow for a modified plan. He described the modified plan to the residential unit. Public Hearing was opened at 8:55 p.m. No persons were present to speak. Public Hearing was close 8:55 p.m. Motion by Oliver, second by Berryman to approve the permit. Approved 7-0 GG Public Hearing and First Reading of an Ordinance for a Rezoning to amend an existing PUD, Planned Unit Development, for 28.429 acres in the Foy Survey, also known as Sun City Neighborhood Fifty-two, located near the intersection of Pedernales Falls and Cool Springs Way -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director of Community Development Maddox described the item and said this is a previously existing PUD that was approved in 2006. He said this amendement will add 11 lots and about 1 acre to the boundary. He noted they will be a cluster of residential units. Mayor asked and Maddox said this is more about shifting lots around as the PUD is trying to meet their maximum. Public Hearing was opened at 8:57 p.m. Speaker Byron Raynie, of 106 Everest Court, said he would like to talk about the homeowners who will enjoy the benefits of living in Sun City. He said he lives in Sun City knowing there are rules that need to be followed. He said there are changes afoot among the Homeowners Association. He said it is unfair to change the rules after 10,000 people have bought homes. He said the changes being made will restrict voting rights and the rights to obtain information. He said this is much more than internal Sun City politics and added this is a public policy City Council Meeting Minutes/April 28, 2009 Page 11 of 13 Pages issue. Public Hearing was closed at 9:01 p.m. Maddox read only the caption on the Ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Oliver to approve the Ordinance on first reading. Sansing asked and Maddox said he is not aware of any restrictions put on the residents of this development. He added he is not sure what Raynie is referring to and there is nothing in the Ordinance or attachments that would suggest otherwise. Approved 7-0 HH Public Hearing and First Reading of an Ordinance for a Comprehensive Plan Amendment package, changing text, maps and associated materials pertinent to the 2030 Plan Annual Update staff -proposed amendment list -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director of Community Development Maddox described the item and said this item is the staff proposed amendement package for the the Future Land Use map of the Comprehensive Plan. He noted the City Council and the Planning and Zoning Commission both received the list of items and it has been unanimously recommended by the Planning and Zoning Commission. Public Hearing was opened at 9:04 p.m. No persons were present to speak. Public Hearing was closed at 9:04 p.m. He reviewed the amendment package and said most of the amendments are related to items that staff has seen over the past year while trying to implement the plan. He noted some of the map amendements are very minor. Mayor asked and Maddox said none of these amendments would delimit the Council's flexibility as they look at the future needs of the City. Sansing asked about how many of these items could be administratively approved by the Planning and Zoning Commission. Sansing asked and Polasek said the 2030 plan guides many decisions and policies regarding utility infrastucture and planning, fang use, and the budget process. He said, with the platting issues, Council may give some of that approval authority to the Planning and Zoning Commission to be approved administratively. Maddox read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve the Ordinance on first reading. Approved 7-0 II Public Hearing and First Reading on a Rezoning to amend an existing PUD, Planned Unit Development, for 0.661 acres in the Snyder Addition, Block 7 (E/PT), located at 1008 E. University Avenue, also known as the San Gabriel House Bed & Breakfast -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Acting Director of Community Development Wyler gave a quick background on the item. He said the owners are asking for an amendment to remove certain sections and conditions in order to allow them to run their business like they have been for the past few years. Public Hearing was opened at 9:11 p.m. No persons were present to speak. Public Hearing was closed at 9:11 p.m. Wyler read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve the rezoning on first reading. Approved 7-0 NN Consideration and possible action on the appointment of an Acting City Attorney for the interim period between May 6, 2009 and until the new city Attorney is in place -- Paul E. Brandenburg, City Manager Brandenburg reviewed the item and said it is recommended that Council appoint an Interim City Attorney. He said it is recommended to either appoint Art Rodriguez or Patricia E. Carls. He said both have submitted the hourly fee of $225 an hour. Motion by Sansing, second by Oliver to appoint Patricia E. Carls as the Interim City Attorney. Ross asked and Brandenburg listed the many possible duties and tasks for the Interim City Attorney. Approved 4-3 (Ross, Brainard, Berryman opposed) Moton by Eason, second by Sansing to adjourn. City Council Meeting Minutes/April 28, 2009 Page 12 of 13 Pages Meeting adjourned -- 9:18 p.m. The meeting was adjourned at 09:18 PM. Mayor George Garver City Council Meeting Minutes/April 28, 2009 Page 13 of 13 Pages