HomeMy WebLinkAboutMIN 10.28.2008 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
George Garver presiding.
Council resent: Council Absent:
Patty Eason, Gabe Sansing, Keith Brainard, Pat Bill Sattler, Dale Ross
Berryman, Ben Oliver
___ _ __ ._ ....
Staff Present:
Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Tom Yantis, Assistant City Manager;
Jessica Hamilton, Assistant City Secretary; Kevin Russell, Director of Human Resources and Civil
Service; Jim Briggs, Assistant City Manager for Utility Operations; Micki Rundell, Director of Finance and
Administration; Leticia Zavala, Controller; Ed Polasek, Planner; Mark Thomas, Economic Development
Director; Carina Reason, HR Generalist; Elizabeth Jones, HR Generalist; Kelly Bressler, HR Generalist;
Kimberly Garrett, Director of Parks and Recreation; Rachel Osgood, Environmental Services
Coordinator; Glenn Dishong, Water Services Director; Eric Lashley, Library Services Director; Terry
Jones, Support Services Director; Marsha Iwers, Purchasing Manager; Elizabeth Cook, Director of
Planning and Development;
Executive Session
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.
City of Georgetown, Texas v. Georgetown Railroad Company, Inc., et al.; Cause No. A08CA 453 SS; In the United States
District Court for the Western District of Texas, Austin Division
4.
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
5.
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
6.
First Citizens Bank & Trust Company v. City of Georgetown, Cause No. D -1 -GN -08-02325, 53rd Judicial District, Travis
County, Texas
7.
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
8.
Discussion of legal issues related to Development Agreement and Utility Agreement for the Water Oak Subdivision (ABG
Subdivision)
9.
Berry Creek Partners v. City of Georgetown, Cause No. 08-767-C277, in the District Court of Williamson County, 277th
Judicial District
10.
Consideration and possible action to approve the retention of Sheila Gladstone, with the firm Lloyd Gosselink Rochelle &
Townsend, P.C., regarding pending employment law matter
11.
Consideration and possible action to approve the retention of a tax attorney to assist with tax issues associated with lease
or sale of City owned properties
B Sec.551.086 Competitive Matters
1. Deliberation regarding future City of Georgetown Power Supply Options -- Jim Briggs, Assistant City Manager for Utility
City Council Meeting Minutes/October 28, 2008
Page 1 of 11 Pages
Operations
C Sec.551.072 Real Property
1. Deliberation regarding the purchase, exchange, lease, or value of real property to be used for a new water treatment plant --
Glenn Dishong, Water Services Director
2. Discussion and possible action regarding the purchase or exchange of real property for use as a Police and Municipal Court
facility -- Tom Yantis, Assistant City Manager
D Sec. 551.087: Deliberation Regarding Economic Development Negotiations
1. Deliberation regarding the request related to Industrial Revenue Bonds for Airborne -- Mark Thomas, Economic
Development Director
2. Deliberation regarding request of Inwood Estates Vineyard to lease the old downtown fire station for use as a winery and to
receive other economic development incentives -- Mark Tomas, Economic Development Director
E Sec.551.074 Personnel Matters
1. Consideration of appointment of Assistant City Secretary, Jessica Hamilton, as City Secretary to replace Sandra Lee who is
retiring December 31, 2008
Regular Session ® To begin no earlier than 06:06 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.)
0 -
G Pledge of Allegiance
H Comments from the Mayor
- Welcome and Meeting Procedures
Announcements from City Manager
- Bond Election ( get announcements from Shirley)
- Haunted Hayride
J Action from Executive Session
Motion by Berryman, second by Sansing that the City Council authorize city staff to commence negotiations
with Chisholm Trail Special Utility District on the joint acquisition of property for a new water treatment plant, and
to bring any Memorandum of Understanding, purchase agreement, or other contract to City Council for review
and consideration. Approved 5-0 (Sattler, Ross absent)
Motion by Berryman, second by Eason that the City Council direct the city staff to postpone the work to
renovate the Old Albertson's at this time. Approved 5-0 (Sattler, Ross absent)
Motion by Berryman, second by Eason that the City Council deny the request by Airborne for issuance of
Industrial Revenue Bonds. Approved 5-0 (Sattler, Ross absent)
Motion by Berryman, second by Oliver that the City Council approve the engagement of Sheila Gladstone with
the law firm of Lloyd Gosselink with regard to employment law and other human resources legal support as
discussed last night in executive session. Approved 5-0 (Sattler, Ross absent)
Motion by Berryman, second by Eason that the City Council authorize the engagement of a tax lawyer selected
by the City Attorney to advise the City on tax issues as discussed in executive session last night. Approved 5-0
(Sattler, Ross absent)
Motion by Berryman, second by Sansing that the City Attorney, City Finance Director, City Water Services
Director, and the City's Systems Engineering Director be authorized to finalize the letter agreement with Laredo
W.O. Ltd, pertaining to the Water Oak Subdivision (also called the ABG Subdivision) consistent with the
direction given in executive session last night, and for the Mayor to sign such letter agreement. I further move
that if the Letter Agreement is so finalized, the City staff be authorized to appear at the closing with the
requested City Documents as discussed in executive session last night. Approved 4-0 (Brainard abstained)
(Sattler, Ross absent)
g •: • • �. • • is 4
On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the
table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to
speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called
forward to speak when the Council considers that item.
On a subiect not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the
City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the
topic they would like to address and their name. The City Secretary can be reached at 512/930-3651.
City Council Meeting Minutes/October 28, 2008
Page 2 of 11 Pages
K1 - Jim Dillon concerning Police Department abuses regarding Chief Morgan, curfew, and Jimmy Fennel
K2 - Nancy Dillon concerning Police Department abuses regarding Chief Morgan, curfew, and Jimmy Fennel
Speaker, Jim Dillon, expressed his views on the current state of the Georgetown Police Department and the
Jimmy Fennel case.
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.
L Consideration and possible action to approve
the minutes of
the
Council Workshop on Monday, October 13 and
the Council Meeting on Tuesday, October 14,
2008 -- Sandra
D.
Lee, City Secretary
M Consideration and possible action to approve the purchase of Cybex weight equipment from Hest Fitness
Products in the amount of $37,477.00 -- Kimberly Garrett, Parks and Recreation Director; Randy Morrow,
Director of Community Services
N Consideration and possible action on a Preliminary Plat for 6.22 acres out of the Berry Survey, to be known as
Chisholm Park, Section 1, located on County Road 152 -- Carla Benton, Planner II and Elizabeth Cook,
Director of Planning and Development
O Consideration and possible action to approve Task Order No. AUE-008-003 with Alexander Utility Engineering,
Inc. (AUE), of San Antonio, Texas, for professional services related to the 2008 Fiber Optic Network Long
Range Master Plan for $47,430.00 -- Ken Arnold, Energy Services Director, Jim Briggs, Assistant City Manager
for Utility Operations
P Consideration and possible action regarding Agreement for Cost Sharing for Work Related to the Identification
of Wholesale Energy Options between McCord Engineering, Central Texas Electric Cooperative, and the City
of Georgetown -- Jim Briggs, Assistant City Manager for Utility Operations and Trish Carls, City Attorney
Q Discussion and possible action for a memorandum of understanding between the U.S Department of the
Interior, LCRA, BRA, and the Cities of Round Rock, Cedar Park, Leander, and Georgetown regarding the
Williamson County Water Recycling Act of 2004 -- Glenn Dishong, Water Services Director, Jim Briggs,
Assistant City Manager for Utility Operations
Motion by Oliver second by Berryman to approve the consent agenda in its entirety. Approved 5-0 (Sattler,
Ross absent)
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
R Consideration and possible action to approve the 2008-2009 City of Georgetown employee benefit incentives
. Kevin Russell, Human Resources Director
Russell explained the item and listed the current proposed benefit incentives for City employees. Brainard
asked if the existing health insurance contract can be extended on a month-to-month basis in order to buy time
for the negotiation process. Russell said the current contract ends at the end of December and it does not
contain a month-to-month provision. Brainard asked and Russell said he can ask the provider about extending
the contract on a month-to-month basis. Speaker, Joanna Benavides, a Humana representative, said this issue
would have to be taken back to their underwriters.
Sansing said he is opposed to going to the high deductible health plan. He said, if the City switches to the
high -deductible health plan, employees will be hitting a brick wall. He added he is afraid the City will lose
employees over this and it will also make the hiring of employees difficult. He gave examples of how the high
deductible plan would be detrimental to City employees. He spoke about the different rate passes offered by
Humana and Scott and White. He agreed with Brainard and said it would be good if there was a way for Council
to study this issue further. He added the City should do the research in-house and start from scratch because
the current proposal is taking everything away from City employees.
Brandenburg noted the City is under a time crunch and he suggested forming a health insurance committee
which would contain two Councilmembers to research this issue over the next two weeks. He noted those two
weeks will push everything into November which will provide staff with 20 or so days of open enrollment. He
said it will be tight and some staff might fall through the cracks, but Council must reach a certain comfort level
with a plan. He noted he is not sensing that comfort at the moment.
City Council Meeting Minutes/October 28, 2008
Page 3 of 11 Pages
Sansing noted it would be nice if the City could open a Health Savings Account for each employee and
contribute a fund for each account every month. Russell explained why the committee decided on the high
deductible health plan. He said City employees need to become better consumers and the high deductible plan
forces people into that lifestyle. He listed statistics regarding employees who are on the current copay plan.
He explained how the City will help employees ease into the high deductible health plan situation. He said 59%
of employees on the copay plan have had less than $500 in claims and he spoke about Humana's white glove
health care program. Berryman said she appreciates Russell and Brandenburg's efforts to take the City in this
direction. She noted she also appreciates a bargain when she sees one and the City has received better
bargains recently than what was brought to Council three weeks ago. She suggested that Humana and Scott
and White negotiate so the City is able to receive the best deal possible out of this situation.
Motion by Berryman second by Brainard to defer, take two weeks, and have two councilmembers work with the
health care committee to take a look at the offerings from the two companies in the current bidding process,
have them meet a stated criteria, and come to a good conclusion. Eason friendly amended that there be the
possibilty to have a special meeting to discuss this issue before the next meeting on November 11, if possible.
Oliver said he supports this motion because he is concerned this issue will drag out and there is a time
constraint. He said there are two issues to deal with. He noted one is Scott and White versus Humana and
whether or not the City goes to a high -deductible plan. He added the other issue is the psychological impact of
this change. He said it is important for both Council and staff to realize these are two distinct issues. He noted
staff should go forward but realize the interrelated character between these issues. Russell clarified what he
meant by going with a high -deductible health plan. He noted both Humana and Scott and White do not offer the
high -deductible plan by itself and it is necessary to have a copay plan on the side. Oliver told Russell this was
not clear at last night's workshop. There was much discussion. Russell said there is a way for staff to get to a
copay-type plan within the high -deductible plan.
Speaker, Davidica Blum of Scott and White, formally requested that someone put in writing what the Council
and City staffs wishes are in a health plan. She noted what Council is talking about at this meeting is not what
the carriers were requested to bid on several months ago. She said, if the game is changed, all five of the
carriers should have a fair chance to bid. She said she has been confused by Council and their wants and
needs. She suggested Council give the carriers their criteria.
Berryman said she thinks Council should just deal with the two carriers the City has been dealing with recently.
Brandenburg suggested looking into whether or not the current health plan can be extended on a
month-to-month basis. Sansing said and Berryman agreed her motion includes spelling out the exact wants and
needs of the Council and the City staff.
Vote on the motion: Approved 5-0 (Sattler, Ross absent) Mayor appointed Ben Oliver and Keith Brainard to
serve on the health care plan review committee.
S Consideration and
possible action to authorize
the City
to enter into the 2008-2009 City of Georgetown
employee benefit
contracts -- Kevin Russell,
Human
Resources Director
This item was deferred to a later meeting.
T Consideration and possible direction related to changes to the solid waste route collection schedules in order
to improve route efficiencies, reduce labor, equipment, and fuel costs -- Rachel Osgood, Environmental
Services Coordinator and Jim Briggs, Assistant City Manager
Osgood explained the item and said the proposed effective date for the changes to the route collection
schedules are the week of December 8. She said the existing route schedule has been in place for around 10
years. She added staff is proposing route changes to improve efficiencies in order to accomodate anticipated
future growth. She said this will also reduce the labor, fuel costs and the number of trucks needed for
collection. She said staff would begin to distribute the public notification of these changes the week of November
11 . Motion by Oliver to approve the changes. Motion dies for lack of second. Brainard asked and Osgood
said there will be four trucks instead of five. Brainard asked and Mayor said this was Council's idea because
Council had asked staff to find a way to reduce fuel costs.
Motion by Brainard, second by Oliver to approve the changes. Sansing asked and Osgood said the City is not
reducing services in any way. She said the City is only reducing the amount of trucks needed to complete the
routes. She spoke about how many of the routes are disjointed. Briggs said staff was able to figure out a more
efficient version of the current collection route. Osgood said these new routes will allow for improved fuel
efficiency. Mayor asked and Osgood said the growth factor was taken into account when creating these new
routes. Vote on the motion: Approved 5-0 (Sattler, Ross absent)
U Consideration and possible action to approve the purchase of two backhoe loaders from RDO of Pflugerville,
Texas through the Texas Local Government Purchasing Cooperative contract in the amount of $145,053.00 --
Terry Jones, Support Services Director and Micki Rundell, Director of Finance and Administration
City Council Meeting Minutes/October 28, 2008
Page 4 of 11 Pages
Jones explained the item and said this purchase was approved in the budget. He said this purchase satisfies all
legal requirements for competitive bidding. Motion by Berryman, second Sansing to approve the purchase.
Approved 5-0 (Sattler, Ross absent)
V Consideration and possible action to approve the purchase of a bucket truck from Altec, of Birmingham,
Alabama, through the State of Texas TxMAS contract in the amount of $160,450.00 -- Paul Elkins, Electric
Operations Manager and Jim Briggs, Assistant City Manager for Utility Operations
Marsha Iwers explained the item and said the truck will be used by the Electric department for the installation
and maintenance of the City's electrical sytem. She added it will be a new addition to the department as part of
the service request for additional workforce. She noted there is no known local source for this equipment. She
said there was $145, 000 budgeted for this truck, but they are taking $15,450 out of the electric funds to offset
the additional amount. Mayor asked and Iwers sad the truck is strictly confined to the electric department.
Brandenburg noted there are multiple trucks for each crew. Motion by Sansing, second by Berryman to approve
the purchase. Approved 5-0 (Sattler, Ross absent)
W Consideration and possible action regarding a pilot transit program and potential contract/interlocal agreement
with CARTS to provide transit services -- Edward G. Polasek, AICP, Principal Planner and Tom Yantis,
Assistant City Manager
Polasek explained the item and said staff was directed to come back to Council with the terms of an interlocal
agreement with CARTS. He described the proposed terms in the agreement. He said, at the next meeting, staff
will bring the completed interlocal agreement as well as the notice to proceed by the suggested deadline of
December 1, 2008. He said it will take about nine months to a year to complete the pilot program. He said staff
will be meeting with CARTS to determine the best route.
Motion by Eason, second by Sansing to direct staff to proceed. Brainard asked and Polasek said the $75,000
which was originally put forward to study the issue is now going to be used, per Council's request, for a pilot
transit program. Polasek noted staff will bring back a report on ridership, participation, and interest. He said the
City can not implement the entire program with just $75,000. Brandenburg said Sattler wanted to see a pilot
that would run from Sun City to downtown to see what possible ridership would be like and whether or not the
service was being used. He noted this is a short term interim plan to see what works and what does not work.
Brainard asked and Polasek said no commitment is implied by doing this pilot program. Polasek said the only
commitment is to spend the $75,000 to do the pilot program. Brainard asked and Polasek said the City will get
ridership numbers out of this program and staff would not have gotten this information from the study alone.
Polasek reviewed the history of this issue. Brainard asked and Polasek said the only thing the City has lost by
doing a pilot program is a potential consultant.
Sansing said he feels this is a wise use of the $75,000. He noted a shopping route from Sun City to Wolf Ranch
and to Downtown misses the point of having public transit. He said he will be surprised to see what the ridership
will be. He added, if this will become viable, the City needs to be careful as to where to place the routes and
make sure that people who need transportation have it available. Oliver said and Polasek agreed $75,000 does
not allow the City to run multiple routes. Polasek said staff will have a base set of numbers for Council to look at
in February or March. Eason said, while this program is running, the staff and City will be working on finding
public financing tools. Brainard said he supports the concept of public transit, but it is very expensive, and he
wants to make sure that everything the City gets into is well thought out. Vote on the motion: Approved 5-0
(Sattler, Ross absent)
X Consideration and possible action on placement of sculptures and artwork on the downtown square -- Paul E.
Brandenburg, City Manager
Brandenburg spoke about how this sculpture came to be and reviewed the past history of this item. He said
Council and staff received a letter from the County on August 27 requesting that Council reconsider the
placement of the sculpture. He said the current proposed location is on City property and not County property.
He noted, unless there is objection to this proposed location, the placement will continue to proceed as the
corner of 8th and Main streets.
Speaker, Ruth Roberts, of the Arts and Culture Board, said all actions have been taken with full disclosure. She
added Council has heard all testimony, and everything has been done according to a site-specific RFQ that
was approved. She noted the contract was signed with site-specific plans and the County Judge said he had no
problem with this early on. She said the pictures Council has seen does not do the sculpture justice. She noted
it would be a shame to see the Council go back on a contract that has already been signed.
Sansing said he thinks the statue needs to go where it was originally planned to be placed. He said his one
concern is whether anyone has followed up with the Texas Historical Commission, which was Judge Gattis'
concern. He asked if the City knows whether or not the THC is really upset about this. Berryman asked about
City Council Meeting Minutes/October 28, 2008
Page 5 of 11 Pages
other possible locations. bicindenburg said the issue is, if the sculpture is on the Courthouse square, it is
somehow part of County property. He listed a few other potential places to put the sculpture, saying there is
limited space to put the sculpture and there are vision triangle issues. There was much discussion about other
potential locations. Brainard asked about removing the parking spaces near the original location and placing
the sculpture there. Brandenburg said the County would still view that location as being part of the County.
Berryman suggested to move the sculpture to the opposite corner which is closer to the City Council chamber.
Oliver said the letter from the County said they want to avoid the "perception" of the sculpture being on their
property. He added the County would think the property across the street from the square would also be
perceived as County property. Eason agreed with Berryman's idea and asked what would happen if the
structure is moved from this proposed location to the corner closer to the Council Chamber. The artist, Bob
Coffee, said he does not know whether or not the sculpture would fit in that area.
Motion by Sansing second by Eason to move forward with keeping the sculpture at the original location. Eason
asked if anyone has directly contacted the THC to see if the County's fears are warranted. She said it has never
been explained to the THC that the location is City and not County property. Sansing amended his motion to
direct staff to first verify with THC about their feelings on the sculpture location and whether it affects the
County's future grant eligibility and then, if there are no objections, move forward with the proposed location.
Eason agreed with the amendment. Brandenburg said the THC originally assumed the proposed location is on
County property, which it is not. He reviewed the letter received in August. Berryman said this is a question of
the aesthetic impact and not just monetary impact. She noted the County Judge has a problem with the
aesthetic of the location and he has requested that Council at least look at their options. She said she does not
see any reason why it would be harmful to explore the idea of the other corner. Brainard said he agrees with
Berryman's sentiment. Eason said that is fine, but the argument the Judge is using is regarding finances.
Brainard said the only thing we lose by exploring all of the options is time. Vote on the motion: Approved 3-2
(Berryman and Brainard opposed) (Sattler, Ross absent)
Motion by Eason, second by Brainard that, as part of the investigations with THC, Council and staff look at
other options for the placement of the sculpture. Sansing said, what Council is telling the Arts and Culture Board
is to move forward and find another place for the sculpture just in case. Eason said, if THC comes back and
says okay and, even if the second option for placement comes back as perfect, she might still vote to put it on
the original location. She said she just wants a full study so Council can respond to any questions on this issue.
Berryman said she would like to keep the options open. Sansing said he does not want to lose sight of the fact
that the Arts and Culture Board already did a lot of research on this and picked what they felt was the best
location. Vote on the motion: Approved 5-0 (Sattler, Ross absent)
Y Discussion and
possible action to
appoint Councilmember
Gabe Sansing
as representative to the Texas
Department of
Transportation I-35 Corridor Segment 3
Committee --
George Garver, Mayor
Mayor explained the item and said Gabe Sansing has considerable interest in working on road projects and
committees. Motion by Oliver, second by Eason to approve the appointment. Approved 5-0 (Sattler, Ross
absent)
Z Consideration
and possible action
to appoint Rudy
Villareal to the Convention and Visitors Bureau Board to
a position that
expires in February,
2010 -- George
Garver, Mayor
Mayor explained the item and corrected the caption saying the item is to appoint Bob Vlllareal and not Rudy
Villareal. Motion by Sansing, second by Berryman to approve the appointment. Brainard said he would like to
have some information on the indivual he is asked to vote on. Sansing said the information was put in Council's
box and not on the Agenda because it contains personal information. Approved 4-0 (Brainard abstained)
AA Considerationm and possible action to adopt the City of Georgetown Identity Theft Prevention Program, as
mandated by the final legislation of Section 114 of the Fair and Accurate Credit Transactions Act of 2003
(FACTA) -- Kathy Ragsdale, Utility Office Manager
Ragsdale explained the item and reviewed the legislation which was passed to mandate this program. She
noted most of these requirements are being done in the utility office and the actual program will be put into
place over the next six months. Motion by Berryman, second by Oliver to adopt the program. Berryman noted
this is a federally mandated program that the City did not have an option on and staff has worked very hard to
make this go smoothly. Approved 5-0 (Sattler, Ross absent)
BB Presentation and update of the City's current budgeted revenue forecast and 2008/2009 Contingency Plan --
Micki Rundell, Director of Finance and Administration
With a PowerPoint presentation, Rundell explained the item and gave Council a revenue update of the City's
finances. She said, in regard to revenues, local spending activity is tightening and there is a downturn in local
economic conditions. She said the sales tax revenues for September are not in yet, but the August sales tax
was down 12.7%. She noted most of this loss was related to the sale of building materials. She showed what
City Council Meeting Minutes/October 28, 2008
Page 6 of 11 Pages
this would mean for 2008/0yi and added some revenues could be less than anticipated and sales tax is
budgeted at a 3% increase. Rundell reviewed the budget contigency plan, explaining what would happen in both
stage one, which is implemented at the discretion of the City Manager, and stage two, which is service level
reductions. She described the immediate contigency actions, including postponing and/or freezing of the hiring
of positions which would save over $260,000 of general fund budget. She said another part of the contingency
plan would be to review/delay any capital replacement or maintenance and review departmental budgets for
additional savings. She spoke about long term impacts and said, if the assessed values of existing properties
go down, the effective rate would go up. She said the good news is there is going to be $225 million worth of
new property on next year's tax roll.
Rundell spoke about the impacts of the upcoming bond election. She said there are no economic impacts at
this time because the bonds have not been issued. She said the Council could delay the issuing of some of the
bonds until the economic conditions improve. She noted Council does not have to issue voter approved bonds
at any time. Oliver asked and Rundell said the City will not have to start taking any of these measures until after
the 1st of the year. Oliver said and Brandenburg agreed the City is already freezing some positions and
everything is fine through the end of the calendar year and probably through the first quarter. Brandenburg said
it is important to let Council and the public know that the City does has a contingency plan. Brainard asked and
Rundell said the City has $53 million in City funds and much of those funds are already allocated for specific
projects. She noted there is $13 million of contingencies or "rainy day" funds. Brainard said and Rundell
agreed the City keeps ninety days worth of general fund monies as a cushion.
CC Consideration and possible action to approve a resolution expressing official intent to reimburse net costs for
the purchase of the 2008/09 General Capital Projects, as well as Water Services, Stormwater Drainage, and
Electric improvements, not to exceed $28,760,000 with proceeds from bonds that will be issued at a later time --
Micki Rundell, Director of Finance and Administration
This item was pulled by staff.
DD Consideration and possible action to approve the proposed Unified Development Code (UDC) Amendment
List and to approve the process for completing the 2008-2009 Annual Review and Amendments -- Elizabeth A.
Cook, Director Planning and Development
Cook explained the item and said this is a follow up from an action Council took in September to form a Unified
Development Task Force to meet with staff and come up with a list of amendments. She referred Council to the
proposed resolution which clarifies what the actual amendment process will be. She noted the resolution
changes the community review process to address the self-appointed teams comprised of interested parties.
She said she envisions that most teams will meet once a month. She noted the easier items will probably be
coming to Council in a package in the normal schedule around the time of public comment. She said the
resolution states the more complicated items may come off of the usually process, but return to Council as soon
as they are ready to go. Cook said the task force will be coming back to Council in a few months. She added
and Berryman agreed that Council be put on the e-mail list about any future meetings.
Speaker, Mel Pendland, thanked Council and congratulated Cook for doing an excellent job at facilitating a
wonderful task force. He said the group is large and diverse and the discussions are substantive. He added the
group is entirely responsive to the guidance and suggestions given by Council. He said they will prove
beneficial to the City.
Motion by Berryman, second by Oliver to approve the amendment list and process. Oliver said and Cook
agreed, when the task force comes back to Council, they will be able to show Council a history of each item and
how the task force came to its conclusions. Approved 5-0 (Sattler, Ross absent)
EE Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.
035 of the Texas Local Government Code with Andrew and Linda Mahaffey relating to that certain tract of land
having the 2008 Williamson County Short ID Number 8081207 and located in 2008 Annexation Area NW6 --
Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development
Polasek explained the item and said the next three items are property owners who have agreed to the
annexation development agreement that was offered to them in lieu of annexation. He said the property would
not be annexed for another 15 years and the owners would have to do a petition for voluntary annexation if they
wanted to trigger development not included in the agreement. Berryman asked and Carls said this is the
statutory agreement included in the City Council packet. Oliver said and Polasek agreed this is just conforming
with State law. Motion by Berryman, second by Eason to approve the agreement. Oliver asked and
Brandenburg said this is a 15 year agreement and, after that, Council can do whatever they want with the
property. Approved 4-0 (Sansing absent from the dais) (Sattler, Ross absent)
FF Consideration and possible action regarding the Annexation Development Agreement authorized
by
Section
43.
035 of the Texas Local Government Code with James Shepherd, Douglas Benold, and Howell
R.
Gaddy,
Jr.,
City Council Meeting Minutes/October 28, 2008
Page 7 of 11 Pages
representing the Quail Valley Development Corporation, relating to that certain tract of land having the 2008
Williamson County Short ID Number R038854 and located in 2008 Annexation Area SE5 -- Edward G.
Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development
Polasek explained the
item and said this is a
15
year non -annexation agreement.
Motion
by Oliver, second by
Eason to approve the
agreement. Approved
4-0
(Sansing absent from the dais)
(Sattler,
Ross absent)
Sansing returned to the dais.
GG Consideration and possible action regarding the Annexation Development Agreements authorized by Section
43. 035 of the Texas Local Government Code with Kelly and Jim Bob Clayman and Connie and Wesley
Poarch relating to those certain tracts of land having the 2008 Williamson County Short ID Number R038884,
R432277, R311801 and located in 2008 Annexation Area SE7 -- Edward G. Polasek, AICP, Principal Planner
and Elizabeth Cook, Director of Planning and Development
Polasek explained the item and said this actually includes three agreements with two property owners. Motion
by Oliver, second by Eason to approve the agreement. Approved 5-0 (Sattler, Ross absent)
HH Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to approve a Master Services Agreement with Kasberg, Patrick &
Associates, LP of Georgetown, Texas for professional engineering services -- Bill Dryden, Transportation
Engineer and Jim Briggs, Assistant City Manager for Utility Operations
Dryden explained
the item and said this is a
replacement
for the existing
Master
Services Agreement. Motion by
Sansing, second
by Brainard to approve the
agreement.
Approved 5-0
(Sattler,
Ross absent)
II Forwarded from the Georgetown Utility System (GUS) Board:
1. Consideration and possible action to award a construction contract to Joe Bland Construction, LP, of
Austin, Texas, for the construction of the 2008 Street Rehabilitation Phase 11 Project in the amount of
$2,694,898.62 -- Tom Benz, System Engineer Director and Jim Briggs, Assistant City Manager for Utility
Operations
Benz explained the item and said this item is coming from the GTAB and GUS Boards which both
unanimously recommended approval. Brainard asked and Benz said this is a project that will tear up the
streets from bottom up and is total reconstruction of the streets in this area. Motion by Brainard, second by
Oliver to approve the contract. Brainard said this item was discussed at the Transportation Advisory Board
meeting and staff assured them that pains are being taken to notify the residents of the area. Berryman
asked and Benz said this project will start as soon as possible. Brainard asked and Benz said, if we wait
until after the holidays, it would disrupt the contract. Approved 5-0 (Sattler, Ross absent)
2. Consideration and possible action to approve the purchase of Bioxide from Siemens Water Technologies
of Sarasota, Florida, in an amount not to exceed $70,000.00 for Fiscal Year 08/09 -- Glenn Dishong, Water
Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Dishong explained the item and said staff uses bioxide to control hydrogen sulfide and odors in the lift
stations. He said Siemens Water Technologies is the sole source provider of this chemical. He added this
item is recommended unanimously from the GUS Board. Motion by Sansing, second by Berryman to
approve the purchase. Brainard asked and Dishong said the chemical is used to remove the odor and
hydrogen sulfide. He noted hydrogen sulfide, which omits the odor, forms sulfuric acid when it combines
with water and that eats away at manholes and the City's infrastructure. Approved 5-0 (Sattler, Ross
absent)
3. Consideration and possible action of award of the City's annual Water and Wastewater Pipe and Fittings,
Bid No. 28060 for approximately $168,527.00 to various bidders -- Glenn Dishong, Water Services Manager
and Jim Briggs, Assistant City Manager for Utility Operations
Dishong explained the item and said this is the annual bid for the parts that the City stocks in the
warehouse. He noted the parts are purchased as needed to maintain stock levels and they get charged to
the using departments. Motion by Berryman, second by Brainard to approve the award of bid. Mayor
asked and Dishong agreed the inventory of the parts are computer controlled. Approved 5-0 (Sattler, Ross
absent)
JJ Second Readings
1. Second Reading of an ordinance amending Section 10.12.090(E.) of the Code of Ordinances establishing a
45 -mph speed zone on Berry Creek Drive from Airport Road to State Highway 195 — Mark Miller,
Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
City Council Meeting Minutes/October 28, 2008
Page 8 of 11 Pages
Dryden explained the item 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 Ordinance 2008-61.
Approved 5-0 (Sattler, Ross absent)
2. Second Reading of an Ordinance on a Rezoning to amend the Development Plan for the Estrella Mixed
Use Planned Unit Development (PUD) with a Base District of C-1, Local Commercial, located at 4909
Williams Drive, near the corner of Estrella Crossing and Williams Drive -- Carla Benton, Planner II and
Elizabeth Cook, Director of Planning and Development
Benton explained the item and read only the caption of the ordinance after having satisfied the
requirements of the City Charter. Motion by Berryman, second by Oliver to approve Ordinance 2008-62.
Approved 5-0 (Sattler, Ross absent)
3. Second Reading of an ordinance amending Ordinance 2007-91 regarding the Rivery Park Tax Increment
Reinvestment Zone (TIRZ); amending the membership of the Board of Directors and the percentage of the
tax increment dedicated to the Tax Increment Fund by Williamson County -- Tom Yantis, Assistant City
Manager
Yantis described the item and read only the caption of the ordinance after having satisfied the requirements
of the City Charter. Motion by Oliver, second by Berryman to approve Ordinance 2008-63, Approved 5-0
(Sattler, Ross absent)
KK Public Hearings/First Readings
1. Public Hearing and possible action on a Special Use Permit to allow for a medical/dental office in the
Williams Drive Special Plan District at Longhorn Crossing, Lot 1, located at 1633 Williams Drive -- Carla
Benton, Planner II and Elizabeth Cook, Director of Planning and Development
Benton explained the item. She described the area and said the special use permit is a request to allow
medical office use. She noted the area proposed is in an office district zoning and a medical office would
be allowed within that zoning district. She noted their site plan is in compliance with the Code and it meets
the criteria of the special use permit. She said one comment has been received expressing support of this
request.
Public Hearing was opened at 8:20pm.
No persons were present to speak
Public Hearing was closed 8:20pm.
2. Public Hearing and First 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 this item and said the developers are making two amendment requests for their PUD.
She said they are requesting to change the prohibited use of a carnival to a non -prohibited use so they
would be allowed to have carnivals on site. She added they would also like to have vehicle displays on site.
She said carnivals have been held in Wolf Ranch inadvertently until it was identified in their PUD that they
were prohibited. Benton noted the City Municipal Code allows for the operation of a carnival for ten
consecutive days. She said the applicant is asking for two addiitonal days over what is already in the Code
for the set up and tear down process. She said they have agreed to add prohibitions which would disallow
animals or livestock as well as restrict the use of sound and music. She added the Municipal Code allows
the carnival to run until midnight on weekdays and 1 a.m. on Saturday, but the applicant has agreed to stop
all music at 10p.m. She said the second request is for outdoor sales and the placement of vehicles on their
property. She noted the vehicles would be for display only and would not be related to sales. She added
they would have a maximum of six vehicles on site and she described two display locations, both in amenity
areas. She said the developer is going to stay within the confines of the City's Sign Ordinance which would
not allow signage on the vehicles or in the vicinity. She said staff finds this application is consistent with the
Comprehensive Plan and she noted the Planning and Zoning Commission unanimously recommended
approval.
Public Hearing opened at 8:26pm
No persons were present to speak
Public hearing was closed at 8:26pm
Benton read only the caption of the ordinance after having satisfied the requirements of the City Charter.
City Council Meeting Minutes/October 28, 2008
Page 9 of 11 Pages
Sansing asked and speaker, Janine Butler, said the applicant has been approached by several car
dealerships regarding sponsorship opportunities and the ability for them to advertise their vehicles. She
said the vehicle displays would be used for purely advertising and off-site displays. Oliver asked and Butler
said the development already has a designated area for the Carnivals in a dormant portion of the parking
lot. Oliver asked and Benton said this PUD is located in a C-3 district and carnivals are allowed in that
district. She noted, however, this particular PUD has a prohibition to carnivals. Brainard said and Butler
agreed Wolf Ranch had a car show because the City permitting office can issue permits for events lasting
under 10 days. Brainard stated and Butler agreed the car displays will be for a longer period of time.
Brainard expressed his negative opinion on carnivals and said he has found that unsavory figures
sometimes accompany these type of events. Butler agreed but praised Wolf Ranch's current carnival
operator, saying they have not had any complaints or problems. Brainard asked and Butler said the City
would not face any liability. She added Simon Properties requires a very extensive insurance policy and the
City is provided with a copy of their Certificate of Insurance. Motion by Brainard, second by Eason that
these two amendments (vehicle displays and carnivals) be considered separately. Sansing said, if the City
can do anything to generate business and sales revenue like a carnival, he can not support voting against
it. Vote on the motion: Approved 4-1 (Oliver opposed) (Sattler, Ross absent)
Motion by Brainard, second by Sansing to approve the vehicle display portion of the amendment to the
Development Agreement. Eason clarified and Butler agreed this is solely for advertising and sponsorship
deals. Approved 5-0 (Sattler, Ross absent)
Motion by Oliver, second by Sansing to approve the carnival portion of the amendment to the Development
Agreement. Oliver said the City already allows carnivals and putting it in Wolf Ranch where it is their
responsibility is a lot better than putting it in an open field somewhere. Eason said she will be voting
against this and added the City has not received the quality of retailers and food outlets that were promised
at the beginning of the Wolf Ranch development agreement. She added she sees this as a step backward
and she is concerned with the quality of development at Wolf Ranch. Berryman asked and Butler said the
organization Partners in Education benefits from these carnivals. Berryman asked and Butler noted the
carnival is an economic positive to Wolf Ranch and the City. Butler added the community loves the carnival
and Simon properties receives very positive responses to it. There were more questions. Berryman said, in
light of the benefits to the community, she will be voting in support of this motion. Vote on the motion:
Denied 3-2 (Brainard, Eason opposed) (Sattler, Ross absent)
Motion by Berryman, second by Oliver to suspend the rules. Approved 4-1 (Brainard opposed) (Sattler,
Ross absent)
Motion by Berryman, second by Oliver to reconsider the carnival item. Eason asked and Butler said the
vendors at Wolf Ranch enjoy having the carnival there because it boosts traffic. Brainard's said he is
opposed to this and, if a majority of the Council supports it, he does not want to be the one to stop it. Carls
said Council would be allowed to add conditions to the carnival amendment of the agreement on second
reading. Eason said she is willing to approve this item if Council adds contingencies to make it as tight as
possible. Oliver suggested that, procedurely, Council pass the first reading and then reconsider this item at
the next reading. He said, this way, Council can be prepared with reasons and proposals for how to tighten
up this provision. Benton said the PUD is proposing to limit carnivals to twice a year and the Municipal
Code does not limit the amount of carnivals a development can have. Vote on the motion: Approved 4-1
(Brainard opposed) (Sattler, Ross absent)
Motion by Oliver, second by Berryman to approve the carnival portion of the amendment with the condition
that staff work with the applicant on issues of safety, the connection to community fundraising, and a
mechanism which would trigger reconsideration. Eason said staff should look at possibilities for what would
actually trigger the reconsideration.There was much discussion. Approved 4-1 (Brainard opposed)
(Sattler, Ross absent)
3. First Reading of an 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 item and
read the entire caption of the ordinance.
Motion by Berryman, second by
Oliver
to
approve
the Ordinance
on first
reading.
Approved
5-0
(Sattler,
Ross absent)
Motion by Sansing, second by Oliver to adjourn.
Meeting adjourned -- 9:02pm
The meeting was adjourned at 09:02 PM.
Deputy
City Council Meeting Minutes/October 28, 2008
Page 11 of 11 Pages