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HomeMy WebLinkAboutMIN 11.11.2008 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: Council Absent. Patty Eason, Gabe Sansing, Keith Brainard, Bib All Council present Sattler, Pat Berryman, Dale Ross, Ben Oliver Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Rachel Osgood, Environmental Services Coordinator; Kevin Russell, Human Resources Director; Kelly Bressler, Human Resources Generalist; Kimberly Garrett, Parks and Recreation Director; Clay Shell, Acting Fire Chief; Kevin Stofle, Assistant Police Chief;;; Jordan Maddox, Planner III; Bill Dryden, Transportation Engineer; Ed Polasek, Principal Planner; Carla Benton, Planner II; Marsha Iwers, Purchasing Manager; Cathy Leloux, Municipal Court Administrator Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney 1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items 2. Legal issues related to the City of Georgetown's power supply contract with LCRA and potential litigation pertaining to same 3. Mark Shelton v. City of Georgetown, et al. Cause No, A07CA063; in the United States District Court for the Western District of Texas, Austin Division 4. Lear v. Jimmy Lewis Fennell and City of Georgetown, Cause No. A08-CA-719LY, in the United States District Court for the Western District of Texas Austin Division 5. First Citizens Bank & Trust Company v. City of Georgetown, Cause No. D -1 -GN -08-02325, 53rd Judicial District, Travis County, Texas 6. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the "Development Agreement with Forestville Associates, a Maryland General Partnership, regarding development of Wolf Ranch" dated September 11, 2003 7. Discussion of legal issues related to Development Agreement and Utility Agreement for the Water Oak Subdivision (ABG Subdivision) 8. Berry Creek Partners v. City of Georgetown, Cause No. 08-767-C277, in the District Court of Williamson County, 277th Judicial District 9. Consideration and possible action to approve new engagement letters with all outside counsel currently assisting the City of Georgetown on various matters. B Sec.551.086 Competitive Matters 1. Deliberation regarding future City of Georgetown Power Supply Options -- Jim Briggs, Assistant City Manager for Utility Operations C Sec.551.072 Real Property 1. Deliberation regarding the potential purchase of property at 105 North IH35 -- Paul E. Brandenburg, City Manager D Sec.551.074 Personnel Matters City Council Meeting Minutes/November 11, 2008 Page 1 of 7 Pages 1. Discussion and possible actw f related to the process of filling the anticipated open position of City Secretary in December 2008 said he understands there is a franchise in 2. Discussion and possible action related to the duties carrier. He said and performance criteria the of the City Manager Regular Session ® To begin no earlier than 06:00 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.) Call to Order Called to order at 6:01 p.m. Pledge of Allegiance Mayor Garver led the Pledge. Comments from the Mayor - Welcome and Meeting Procedures Mayor Garver gave a brief explanation of the meeting procedures. He noted County Commissioner Valerie Covey in the audience and congratulated her on her recent election. - Proclamation for Chronic Obstructive Pulmonary Disease (COPD) Awareness Week Mayor Garver read the proclamation and presented it to Kitty Collins. City Manager Comments - Recruitment time for Boards and Commissions positions Brandenburg noted that the City of Georgetown is now accepting applications for vacant or expiring terms on its Boards and Commissions. He said information and applications can be obtained on the City's Website at www.georgetown.org or at the City Hall which is located at 113 E. Eighth Street. He said the deadline for filing applications is January 9, 2009. He also noted there were Boy Scouts in the audience, and Mayor Garver presented City of Georgetown lapel pins to the two scouts. Action from Executive Session 1. Motion by Berryman, second by Oliver that the City Council approve all of the engagement letters with the lawyers and law firms that were in the executive session packet, one exception: That the work by Lee Vanderburg on the tax matters be capped at $10,000 without additional Council approval and also that the City Attorney be directed to prepare standardized terms of engagement for use by all outside legal counsels and to present such standardized terms to the City Council for review in January. Approved 7-0 2. Motion by Berryman, second by Sansing that the City Council reject the settlement offer from Berry Creek Partners as set forth in their letter dated November 7, 2008. Approved 7-0 3. Motion by Berryman, second by Sansing that the City Manager be authorized to commence negotiations for the acquisition of the property located at 105 North IH -35 and that he bring any purchase agreement back to Council for final approval. Approved 7-0 4. Motion by Berryman, second by Brainard that the Council Subcommittee of Ben Oliver and Pat Berryman review and approve the job description for the position of City Secretary, and that the City Manager and Director of Human Resources post or advertise the position of City Secretary as soon as possible after the job description is finalized. Sansing asked if a time period was set. Brandenburg said the Personnel Department would follow standard procedures for the posting of the posiion. Vote on the motion: Approved 7-0 ;M PI If WTO ill ill 1111 111111 1 ! a I 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 - Jason Chavez of Consolidated Construction Texas Services (CCTS) regarding requesting the opportunity to provide trash removal services for Pulte Homes. Chavez told Council his company recycles lumber and operates out of Colorado, Dallas, and San Antonio. He said he understands there is a franchise in place with exclusive rights to a specific carrier. He said in the last City Council Meeting Minutes/November 11, 2008 Page 2 of 7 Pages five years he has approacheu city councils in the Dallas area, and they have mowed him to operate because the trash is totally contained and the lumber is taken to their recycling center. Chavez said Pulte Homes would like for CCTS to be their service provider to keep the trash from being handled twice. He said his company is strictly a construction trash hauler, and he is willing to take trash to the current landfill and separate out the lumber. He said in Dallas his company recycles lumber, brick, and concrete. Kelly Cunningham of Pulte Homes said job efficiency has improved greatly in cities where Pulte is serviced by CCTS. Chavez said he has been in communication with Rachel Osgood of the City staff. Brandenburg read from an email from Osgood to Chavez back in August, saying the City would be willing to allow them to collect the lumber for recycling. He suggested they contact his office to set a meeting. Sansing reminded Council the reason the rates stay down is because of the contract with Texas Disposal Systems (TDS). He said, if TDS is not recyling lumber, this would save space at the landfill. Eason suggested that staff meet with these people and let this come back to an agenda instead of discussing it from the dais at this time. 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 on Monday, October 27 and the Council Meeting on Tuesday, October 28, 2008 -- Jessica Hamilton, Assistant City Secretary and Sandra D. Lee, City Secretary D Consideration and possible action to cancel the second Council Meeting in December, 2008, regularly scheduled for the fourth Tuesday of the month -- Mayor George Garver E Consideration and possible action to approve the purchase of additional radio equipment in the amount of $37,197.16 -- Kevin Stofle, Assistant Chief of Police and Paul Brandenburg, City Manager Ross asked if this equipment is for officers that were already hired. Stofle said the officers have not been hired yet, but the budget includes the hiring of these officers and this equipment. He said the Police Department is In the hiring process and will be making job offers after the first of the year. Ross confirmed that the equipment would be used this fiscal year. F Consideration and possible action to authorize a Mutual Aid Agreement between the Department of the Army and the City of Georgetown for fire, rescue, haz-mat, and emergency medical service responses within the areas of which each agency normally provides fire protection -- Clay Shell, interim Fire Chief Sattler asked and Shell clarified this agreement is with the Army, and the Fire Department, not EMS, would respond for medical assist. G Consideration and possible action declaring approximately 60 sets of Noncompliant National Fire Protection Association (NFPA) 1999 Standard approved Personnel Protective Equipment (PPE) as Surplus Equipment -- Clay Shell, Interim Fire Chief Sattler asked for a waiver that the City is not resonsibie for how the equipment is used. H Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43. 035 of the Texas Local Government Code with Margaret Fox relating to that certain tract of land having the 2008 Williamson County Short ID Number R039833 and located in 2008 Annexation Area SE5 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action for the award of a bid for ADSS Cable, from Utilicor of Mansfield, TX, to be installed on the fiber optic system in the amount of $ 32,833.58 -- Ken Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations J Consideration and possible action to approve Task Order No. 1 with Kasberg, Patrick & Associates, LP, of Georgetown, Texas, for preliminary engineering for the Maple Street Drainage Project in the amount of $39,872 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations Sattler confirmed with Dryden that Kasberg, Patrick & Associates has an office in Georgetown. City Council Meeting Minutes/November 11, 2008 Page 3 of 7 Pages K Consideration and possible acceptance of the City's Quarterly investment kaport for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended September 30, 2008 -- Leticia Zavala, Controller and Micki Rundell, Director of Finance & Administration L Consideration and possible action to approve a resolution revising the current City of Georgetown Investment Policy -- Leticia Zavala, Controller and Micki Rundell, Director of Finance & Administration Brainard confirmed with Zavala that these are non -substantive, technical changes being made to the Investment Policy. Motion by Sansing, second by Berryman to approve the Consent agenda in its entirety. Approved 7-0. Council will individually consider and possibly take action on any or all of the following items: M Consideration and possible action to authorize the City to enter into the 2008-2009 City of Georgetown employee benefit contracts -- -- Kevin Russell, and Human Paul Resources Director and Paul Brandenburg, City Manager Russell noted the City will use Humana for health care and stay with Aetna for dental due to a reduction in premium. He said other benefits were multi-year contracts and will remain the same. Motion by Berryman, second by Brainard to approve the employee benefit contracts. Berryman asked and Russell confirmed a "rate pass" with Humana and said the rates would be tied to the City's experience. dote on the motion: Approved 7-0, N Consideration and possible action to approve the 2008-2009 City of Georgetown employee benefit incentives -- Kevin Russell, -- Human Resources Director and Interim Fire Chief Paul Brandenburg, City Manager Russell said from this point forward„ incentive packages will be brought to Council for approval. He explained the incentives the City will provide. Motion by Berryman, second by Brainard to approve the incentives presented. Approved 6-1 (Sansing opposed) Sansing said he is for incentives to help people, but he thinks the employees should receive a raise, not money toward their insurance. O Consideration and possible action to enter into a Master Lease Agreement for four years in the amount of $75,915.00 with Frost National Bank on behalf of Marathon Fitness of Sugar Land, Texas for Cardio Equipment for the Recreation Center -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services This item was removed from the agenda. P Consideration and possible action for the approval to purchase portable and mobile radios from Motorola in the amount of $71,530.50 -- Clay Shell, Interim Fire Chief Shell presented the item. Motion by Berryman, second by Sansing to approve the purchase. Approved 7-0. Q Discussion and possible action to accept a bid from Storm Sirens, Inc. of Norman, Oklahoma, in partnership with Sentry Siren, Inc. for the turnkey installation of an outdoor warning siren system in the amount of $214,000.00 -- Kevin Stofle, Assistant Chief of Police Eason thanked Stofle for the staffs work and research on this issue, and said realizing that past votes have been 4 to 3, and knowing there's a strong possibilty that a new siren system would fail tonight, she would suggest a motion to use the money on another critical issue. Sansing said he had heard about a tornado that went through a small community, and the reason no one was hurt was because of a siren system. He said he thinks $214,000 is a small amount to pay "in the scheme of things". He would hate to see the Council turn a "blind eye" toward safety issues. He encouraged Council to not vote against this item and to not spend the money on a bus system instead. Eason said this in no way means that she has lessened her support for the sirens, it just means there is an issue right now that is critical to the daily lives of the majority of the citizens. Motion by Eason, second by Oliver to direct staff to not go forward with a contract to build a new system, and instead put half of the funds or $107,000 into the General Fund and half of the funds or $107,000 into the bus transit test route; and this motion does not in any way mean that the existing siren system would be dismantled. Sansing asked and Brandenburg noted this was approved in 2007 when Brainard wasn't present, so it was brought back and then was voted down 4-3. He said it was approved by the Council to be back in the budget this year. Brandenburg noted there are large areas of the City right now that don't have any coverage from the sirens. He said the object is to reach people that are outside at parks, etc. He suggested that Council go forward with a new system, or let the old system stop. City Council Meeting Minutes/November 11, 2008 Page 4 of 7 Pages Stofle said there is a public expectation at this point, and in a lot of areas of town the sirens cannot be heard; so he would agree that if there is no money put forth for a new system, the current system should Eason's motion be dismantled. Oliver said he fully intends to bring this sytem back in a budget year where there is money available. He said he seconded Approved 7-0. Eason's motion because the City has a priority to improve public transportation. Brainard questioned the amount budgeted and asked for clarification of the bid sheets Stofle said the bids have increased, but the price was brought back down by eliminating sirens in some areas such as San Gabriel Park and Tejas Park at the far end of the City. He said the proposed installation will bean 11 -siren system. Ross said he was not on the Council when this was discussed. He said at this point in time, he doesn't feel he has enough information to make a decision. He asked to delay the item until he has a chance to meet with Assistant Chief Stofle. Motion by Ross, second by Sansing to delay voting for two weeks. Approved 6-1. (Sattler opposed) Oliver asked for more information to be provided in the packet for the next meeting. R Consideration and possible action to utilize seized funds for Police Department purchases in an amount not to exceed $17,000 — David Morgan, Police Chief Brandenburg explained the item. Motion by Berryman, second by Ross to approve. Approved 7-0, S Consideration and possible action on a resolution establishing the process for the 2030 Comprehensive Plan Annual Update -- Jordan Maddox, Planner III and Elizabeth Cook, Director of Planning and Development Maddox explained the item. Motion by Sansing, second by Berryman to approve the resolution. Vote on the motion: Approved 7-0. Forwarded from the Georgetown Transportation Advisory Board (GTAB) T Consideration and possible action to approve an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for the widening of Williams Drive (RM 2338) from DB Woods Road to FM 3405 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations Dryden explained the item, saying it was a unanimous recomendation from GTAB. Motion by Sansing, second by Berryman to approve. Brainard asked if County Commissioner Valerie Covey would like to comment on Williams Drive. Covey said this is an important step in the process, and once approved, the project can be put out for bid. She said the Interlocal Agreement hasn't been brought to Council yet, but after the bid and approval of the next item, then the County will address this at their meeting on November 18, and then wait for bids to come back within a month. She said the County would present the Interlocal Agreement to Council in Janaury. Vote on the motion: Approved 7-0, U Consideration and possible action to approve an Assignment and Assumption Agreement with Williamson County for transfer of funds received from the Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the widening of Williams Drive, also know as RM 2338, from DB Wood Drive to FM 3405 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations Dryden explained the item, saying this gives a mechanism to transfer the funds to the County. Motion by Sansing, second by Berryman to approve. Approved 7-0. V Consideration and possible action regarding an interlocal agreement with CARTS, and notice to proceed on first phase of pilot program to provide transit services -- Edward G. Polasek, AICP, Principal Planner and Tom Yantis, Assistant City Manager Polasek explained the item and noted Sattler had some minor wording changes. With an overhead slide, Polasek dispalyed the first phase of the pilot. He said the potential stops will be identified in a driving tour of the route on Friday, November 14. He invited the councilmembers to attend the bus tour. Motion by Sansing, second by Oliver to approve the interlocal agreement. Oliver asked about signage, and Polasek said it will be done by the City and would be covered under the General Fund; saying if there were donations, they would be applied. He confirmed that for the pilot program no benches would be installed, but the signs would be temporarily set and then would be removed and used in each of the subsequent pilot phases. Sattler asked to friendly amend the motion, saying there is very high acceptance from people in Sun City and more than one bus may be needed. He asked to change the Interlocal Agreement to read that Phase 1would be $30,000 of contracted amount and 600 hours to make it three months; and in the attachment to the Interlocal Agreement, in Section 1.1.2, he asked that it read: "using the study and recommendations as a guide in working with CARTS to develop the feasible routes and pilot program .... to test the findings of the study," eliminating the word, "adequately;" and in Section 1.1.3, he asked to insert "on each phase" after "written notices to proceed." City Council Meeting Minutes/November 11, 2008 Page 5 of 7 Pages Sansing and Oliver agreed Lu the friendly amendment. Polasek said Phase 2 is to be discussed at the next Transit Study Committee Meeting in December to determine a Southwestern University and shoppers' route while the students are still in school before the end of the school year. There was discussion regarding the extension of the time to three full months for each phase. Polasek asked and Sattler agreed to "$50 plus the fare box" in Section 1.1.5 Berryman confirmed the fare is $0.50 each way for seniors and $1.00 each way for non -seniors. Brainard asked and Polasek said start-up costs for signage, etc. will be $2,000 - $3,000 from the City in addition to the $75,000 for operational costs. He said the City will receive the ridership reports. Sattler confirmed with Polasek that the transit work group will be doing reports periodically on the ridership results. Polasek assured Council each phase will come back to Council for approval before notice to proceed. Vote on the motion as friendly amended: Approved 7-0. Second Readings W. Second Reading of an ordinance for a Rezoning to amend the Development Plan for a Planned Unit Development (PUD) District for 104.95 acres in the Clement Stubblefield Survey known as Wolf Ranch Subdivision, Amended Plat of Wolf Ranch Subdivision, Block A, Lots 2 & 8, Resubdivision of Wolf Ranch Subdivision, Block A, Lot 4, Resubdivision of Wolf Ranch Subdivision, Block A, Lot 4B, Resubdivision of Wolf Ranch Subdivision, Block A, Lot 4C, Resubdivision of Wolf Ranch Subdivision, Block A, Lots 5, 6 and 9, located in the 1000 Block of W. University Ave -- Carla Benton, Planner II and Elizabeth Cook, Director of Planning and Development Benton explained the item and gave a review of the Council direction at first reading. She read the updated standards for carnival use and read only the caption of the ordinance on second reading. Motion by Ross, second by Sansing to approve Ordinance 2008-64 on second reading, but asked to strike the part about surveying and staking the 1,000 feet. Berryman said she was concerned about safety. She suggested that an outside inspector be called in as long as it is not cost prohibitive to look at the rides and make sure they are safe. Carls noted in the Code of Ordinances, Chapter 6.04, in order for the applicant to get the permit, there would be inspection from the City's chief commercial planner. Berryman recounted stories of carnival mishaps in other parts of the state where inspections were not adequate enough. She asked that staff explore the cost of contracting this type of inspection. Carls said she would look into amending the City of Georgetown Code of Ordinances to address all carnivals. Oliver asked about the allowed hours, calling attention to a letter from a citizen suggesting the hours be changed to match the curfew ordinance. Motion by Oliver, second by Brainard to friendly amend to instruct staff to investigate the hours. Motion by Brainard, second by Eason that if this ordinance passes, it should expire and be revisited in two years. Brandenburg noted that the Special Events staff reviews the permits every year. Brainard asked Jason Ramble, of Sheets and Crossfield, representing the applicant, to speak. He said the last provision in the ordinance was put in to address the possibility of problems, and he said he thinks that statement addresses Brainard's concern. He said to reapply for a PUD is very expensive. Motion by Brainard, second by Sansing to revise the agreement to grant staff the authority to bring this agreement to Council on any issue that gives staff concern. Ross said he thinks staff already has this authority. Approved 4-3. (Ross, Oliver and Eason opposed) Vote on the orignal motion as amended: Ordinance 2008-64 approved 7-0. Motion by Berryman, second by Oliver to direct staff to look at the permitting process to see if there's a way to require an outside inspector that the City would retain, if it's not too expensive, so there is no "self -policing" of the rides, and to direct staff to amend the current city ordinance to match. Sansing said he thinks the process is already in place. Approved 6-1 (Ross opposed) X. Second Reading of an ordinance amending Ordinance No. 2008-34 pertaining to the annexation of approximately 45.401 acres of land in the J. Thompson Survey, Abstract No. 608, known as Weir Ranch, to correct the Council District in which the annexation area is located -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the purpose of the ordinance is to correct an error in identifying the Council District in the previous ordinance, at the request of the Department of Justice. He read only the caption of the ordinance on second reading. Motion by Berryman, second by Brainard to approve Ordinance 2008-65, Approved 7-0, City Council Meeting Minutes/November 11, 2008 Page 6 of 7 Pages First Readings Y. First Reading of an Ordinance revising Chapter 4.08 by amending Section 4.08.010 of the City Code relating To "Authority of City Manager to Contract;" adding new Section 4.08.011 relating to Change Orders; and adding new Section 4.08.012 relating to Delegation of Purchasing Authority by the City Manager — Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration Iwers explained the purpose of the ordinance, saying this is a formal clean-up of existing language in the City Code and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Berryman to approve on first reading. Approved 7-0. Z. First Reading of an Ordinance amending Section 13.36.130 of the Code of Ordinances pertaining to setting the culpable mental state required for a violation of Chapter 13, Section 36 at criminal negligence -- Micki Rundell, Director of Finance & Administrationl; Cathy Leloux, Court Administrator and Patricia E. Carls, City Attorney Leloux read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Brainard, second by Berryman to approve the ordinance on first reading. AA. First Reading of an Ordinance adding new Section 1.08.040 to the Code of Ordinances pertaining to a culpable mental state for violations of the Code -- Micki Rundell, Director of Finance & Administrationl; Cathy Leloux, Court Administrator and Patricia E. Carls, City Attorney Leloux 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. BB Consideration and possible action to appoint Tiffany McLendon to a position on the Main Street Advisory Board that expires in February of 2009 -- Mayor George Garver Garver recommended approval of the appointment. Motion by Berryman, second by Sansing to approve the appointment. Approved 7-0. The meeting was adjourned at 07:47 PM. City Council Meeting Minutes/November 11, 2008 Page 7 of 7 Pages Attesf` /// 1 I x A ZZI City Secretary Sandra Lee