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HomeMy WebLinkAboutMIN 06.10.2008 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, Bill 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; Ketih Hutchinson, Public Information Officer; Glenn Dishong, Water Services Director; Ed Polasek, Principal Planner; David Morgan, Police Chief; Shelley Nowling, City Hall Receptionist; Leticia Zavala, Controller; Rachel Osgood, Environmental Services; Elizabeth Cook, Planning and Development Director; Mark Miller, Transportation Services Manager; Bill Dryden, Transportation Engineer; Heather Brewer, Urban Forester; Ken Arnold, Energy Services Manager; Marsha Iwers, Purchasing Manager; David Munk, Development Engineer; Clay Shell, Assistant. Fire Chief; Officer Jerry Pate; Kelley Bressler, Human Resources Generalist; Kevin Russell, Human Rsources Director; Valerie Kreger, Planner III; Ken Finn, Animal Services Manager; Jackie Carey, Animal Shelter Supervisor; Jennifer Bills, Housing Coordinator; Kathy Ragsdale, Utility Office Manager; Chris Bryce, GIS Coordinator; Cari Miller, Convention and Visitors Bureau Coordinator; Robbie Wyler, Historic District Planner 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 - 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 B Sec 551.072: Deliberations about Real Property Consideration and possible action to deliberate the purchase of real property for public roads and parkland in the Williams Drive Gateway Redevelopment Area Regular Session = To begin no earlier than 06.06 P (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) C Call to Order Mayor Garver called the meeting to order at 6:06 p.m. D Pledge of Allegiance Mayor Garver asked City Manager Brandenburg to lead the Pledge. E Comments from the Mayor Mayor Garver welcomed the audience and gave a brief outline of meeting procedures. Mayor asked that all City Council Meeting Minutes/June 10, 2008 Page 1 of 7 Pages people addressing the Council use the microphone at the podium. F Announcements and Comments from City Manager Brandenburg made the following announcement: To encourage wise outdoor water usage when demand is at the peak, residential conservation water rates are now in effect for City of Georgetown customers. The rates are in effect for utility bills mailed from June 1 to October 31. Please visit the City's website at www.georgetown.org for water rates and information about the 5 -Day Voluntary Watering Schedule. You can also contact our utility department for more information about conservation efforts at 512-930-3640. G Action from Executive Session Motion by Berryman, second by Eason to authorize the City Manager to send a letter of intent to GISD. Approved 7-0. On a subiect that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subiect not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. H As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. Consideration and possible action to approve the minutes of the Council Workshop and Meeting held on Tuesday, May 27, 2008 -- Sandra D. Lee, City Secretary J Consideration of approval authorizing the City of Georgetown to participate in an interlocal agreement with Williamson County for the purpose of participating in a Countywide aerial photo project, in an amount not to exceed $23,864 -- Chris Bryce, AICP, GIS Coordinator and Elizabeth Cook, Director of Planning and Development K Consideration of award of the annual bid for the electric meter testing and Electric Response Transmitter (ERT) replacement to Texas Meter Device of Waco, Texas for the bid price of $9.20 for single-phase meters and $30.80 for ERT replacements — Ken Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations L Consideration and possible action regarding a resolution granting a petition and setting public hearing dates for the voluntary annexation into the City for 5.016 acres, more or less, in the Antonio Flores Survey, Abstract No. 235, for Georgetown High School Stadium, east of Austin Avenue and northwest of Meda Street -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development M Consideration and possible action to approve a Letter of Understanding with Brockway, Gersbach, McKinnon & Niemeier, P.C. to perform the independent audit of City accounts for fiscal year ended September 30, 2008 -- Leticia Zavala, Controller and Micki Rundell, Director of Finance & Administration N Consideration to declare Toughbook computers for Crown Victoria Police Vehicles surplus and to dispose of the property by conveying it to the Florence Police Department -- Patrick Hurley, Info. Management Lt., and David Morgan, Police Chief Motion by Sansing, second by Berryman to approve the Consent Agenda in its entirety. Approved 7-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: O Consideration and possible action to authorize the City to enter into a contract with Holmes Murphy and Associates, Inc. for Broker/Agent of Record consulting services for employee health benefits -- Kevin Russell, City Council Meeting Minutes/June 10, 2008 Page 2 of 7 Pages Human Resources Director and Paul Brandenburg, City Manager Russell explained that the Human Resources Department reviewed 11 proposals. He said Holmes Murphy has a varied staff to be able to assist the City in a variety of areas. Motion by Sansing, second by Oliver to approve the contract. Approved 7-0. P Consideration and possible action to authorize Environmental Services staff to apply for the second round of Capital Area Council of Governments (CAPCOG) FY2008/2009 Regional Solid Waste Management Funding to purchase recycling containers and fund collection services at City facilities and City -sponsored special events; as a means to promote these programs through public outreach and education -- Rachel Osgood, Environmental Services and Jim Briggs, Assistant City Manager for Utility Operations Osgood explained this is in response to citizen requests for more recycling containers. Motion by Eason, second by Sansing to approve the application. Approved 7-0. O Presentation and discussion on impacts related to proposed energy price increases from LCRA and effects to Georgetown Utility System electric rates -- Kenneth Arnold, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations With a slide presentation, Briggs displayed and explained a historical energy review, and showed that natural gas prices have risen like the current gasoline prices. Brainard confirmed with Briggs that LCRA uses natural gas to produce 65% of its electricity. Briggs explained that on June 25, our rate from LCRA will go up by one cent. He showed that the City of Georgetown is the most competitive provider in the region in spite of the increased cost from LORA. He noted that the cost is one cent to the City and one cent to the City's customers, saying the City will not receive profit on the increase. Briggs said there is the possibility that the rate will go up another half cent in October. He said the City will do their best to keep that from happening to their customers. There were questions from the Council. Brandenburg estimated that there will be a cost impact of an additional $240 more per year for a larger home and $180 more per year for a smaller home. Briggs said to estimate a $10 per kilowatt increase. Briggs said in a press release today it was announced that four electric retail providers have gone bankrupt. Eason said in the City's press release about the increase to make it extremely clear to the customers that the City is not making any money on this increase. Briggs said there will be energy conservation hints on the City of Georgetown website to help customers learn to conserve more. Garver asked if there were Georgetown customers who are not able to pay their utility bills. Ragsdale said they turn off 15 to 20 people per week for failure to pay even after going to the Caring Place and other organizations for assistance. She said the City allows extensions. Garver asked about the $1 per bill contribution and Ragsdale responded that only 6% of the City customers actually contribute the extra $1. Berryman asked and Ragsdale said customers can contribute the extra $1 through the credit card draft, but not through the bank draft payments. Sansing asked and Ragsdale confirmed that there are customers who average their payments throughout the year. Sansing asked if the City could explore the option of using solid waste as an energy source. Briggs said the City is looking at every option, but noted that the City doesn't have the volume of solid waste to support using it for energy. He said Bob Gregory at Texas Disposal Systems is looking at solid waste to energy at this time. Briggs said he will report back on all the options the the City is exploring. Berryman asked if Briggs would look at the solid waste burning that Waste Management is currently doing. Brainard asked to work harder to get the word out to customers to contribute the $1 per bill. R Consideration and possible action to authorize the City Manager to negotiate and execute a short-term lease with Central Texas Regional EMS for a portion of the old fire station on Main Street — Paul Brandenburg, City Manager Brandenburg explained the item, saying this is medical transport, not emergency response. He estimated the rent would be approximately $2,150 per month plus utilities for a six-month period, then month by month. Motion by Eason, second by Berryman to negotiate a short term lease. Approved 7-0, S Consideration and possible action to approve a resolution expressing official intent to reimburse costs associated with the purchase of real property for use as a City facility in an amount not to exceed the purchase price of $3,900,000 plus related fees with proceeds from bonds that will be issued at a later time -- Micki Rundell, Director of Finance and Administration Rundell said this is a follow-up item relating to an item on the May 13 Council Agenda. She said the City has a policy to use bond reimbursement funds. Sansing expressed concern about the related fees pushing the price over the amount approved by the Council. Motion by Berryman, second by Oliver to approve the resolution. Approved 7-0. T Consideration and possible action to approve the Second Amendment to the Development Agreement City Council Meeting Minutes/June 10, 2008 Page 3 of 7 Pages between the City and 500 South Austin Avenue, LP -- Tom Yantis, Assistant City Manager Yantis explained this is an economic development incentive agreement requesting an amendment to the budget and an extension to the project schedule. Speaker, Robert Choi, spoke to Council in favor of the Monument Cafe across the street from his building. Speaker, Francisco Choi, said Monument Cafe and his project will reshape that part of town. He said the cost of construction has risen by 25% and any kind of incentive that could be given to a developer would be very valuable. Speaker, Kyra Quenan, spoke in favor of the Monument Cafe. Yantis said the primary reason behind the change in the budget is due to drainage conditions on the site that weren't known at the time the project was put together. He said there were a number of unmarked utilities, City and ATMOS gas, that were not at the appropriate depth and had to be reburied. Yantis explained this request went to the Georgetown Transportation Enhancement Corporation (GTEC) Board and they reduced the amount of the increase being requested due to the cause of the delay not being the City's fault. Yantis said there will be four buildings constructed on the lot, but the Monument Cafe is the only construction in Phase 1. Yantis explained that the amendment includes both the extension of time and the money. Oliver recounted issues at the GTEC meeting when this request was made. He asked Yantis about the work of the City, and Yantis explained there were extenuating circumstances concerning concrete under the asphalt that would require spending more money. Ross confirmed that of the request of $257,000, $197,000 would make the developer whole. Motion by Brainard, second by Eason to approve $227,000 to be spent by August 31, 2009. Sattler asked if this dollar amount will increase again due to unknowns, saying the City needs to get "harder" numbers so projects quit coming back to GTEC for more money. Eason said Council has made a commitment to revitalize the downtown area, and when the project is in an old downtown, there will be "unknowns." Sansing said he agrees with Sattler that GTEC cannot be an unlimited bank, but awareness of construction projects tells him there will be unforseen problems. He said the City will benefit from the improved utilities, and said his problem with this is the requested extension. Brainard asked and Yantis responded the agreement is performance based so the City could require that the public improvements be completed first. Winkstern said they would like to do the public improvements as soon as possible, saying the performance agreement concerns only the public improvements, not their personal property. He confirmed that within a year the public improvements could be completed. Berryman confirmed that they will soon be generating income from Phase 1, and suggested that the issues be kept separate. Motion by Oliver, second by Sansing to amend that the expenditure from the City for public improvements be done by the end of August, 2009. The motion died for lack of a second. Vote on the original motion: Approved 7-0. Motion by Brainard, second by Sansing that Phase Three, the Rock Street Professional Building, must be completed by March 31, 2015, in order for them to avoid repaying the City for the fuRds 10% of the costs' to complete the public improvements. There was discussion regarding pro -rating. Yantis said the Rock Street building will be about 20% of the total project. There was discussion regarding the percentage of the total marketable space for the Rock Street building. It was surmised that all the money that the City is providing will have been expended by August 2009; future projects are the developer's liability; all that is being requested is an extension of the date through 2015; and if Phase Three were not done, the City would have already received the improvements. There was more discussion. Vote on the motion by Brainard: Approved 6-1. (Sansing opposed) (*as corrected by Brainard at the June 24, 2008 Council Meeting.) Motion by Sattler, second by Sansing to direct staff to evaluate the process of estimating the construction costs to see if there is a better way to do it through consolidation or something that the City can do to make the estimates better at the front end, and the City needs to maintain the credibility of their contracts. Yantis said the estimates come in very early, and these were architect estimates, saying one suggestion would be not to approve any performance agreements until construction costs have been determined. Friendly amendment by Berryman to review the time limits of how long people have money out and how long they can hold it before developing their project. Brandenburg said a protection mechanism is already in place in the agreements. He said he agrees with Yantis about not depending on architect estimates. Vote on Sattler's motion and Berryman's friendly amendment: Approved 7-0. U Reconsideration, discussion, and possible action on the College Street Bridge design and funding -- Gabe Sansing, Councilmember District 2 Sansing said he is in the construction business and he feels the presentations made at GTEC and at Council were confusing, and he wants to make sure that Council fully understands what the bridge is going to look like if constructed. He said he thinks it will look like "the Great Wall of China" going through the Park, saying the cars willl be driving at the same height as the tree tops. He said he's glad that TXDOT had some money left, but he doesn't think the bridge needs to be that tall, saying he thinks the bridge design needs to be re -engineered. City Council Meeting Minutes/June 10, 2008 Page 4 of 7 Pages Motion by Sansing, second ray Eason to reconsider the question. Berryman aSKed Briggs to address the issue. Briggs said according to TXDOT, reconsidering and redesigning would cost approximately $250,000, a full environmental study, and removal from the August letting schedule. Eason said she seconded because she wants clarification on the design. Dryden came forward, and with a slide presentation, displayed and explained drawings. There were questions and comments from the Council. It was confirmed that this particular structure, above the 100 -year floodplain, through TXDOT, will cost the City $440,000. There was further discussion. It was confirmed that if this bridge is built, the current low-water bridge would become a pedestrian and fishing bridge. It was confirmed that the Parks Board and GTEC have approved this proposed bridge. Vote on the motion: Denied 5-2. (Sattler, Oliver, Ross, Berryman, and Brainard opposed) V Consideration and possible action to provide policy direction to the City's consultant preparing the Mousing Element of the 2030 Plan -- Pat Berryman, Councilmember District 5 Berryman read the Item Summary on the Agenda Item Cover Sheet. She said it is almost impossible to build affordable housing in Georgetown because of the high cost of land. Speaker, Hartley Sappington, said he agrees that it's not just a problem within Georgetown. He quoted statistics and said the issue needs to be looked at carefully to do collaborative planning with all surrounding cities. He said, however, that additional affordable housing is definitely needed. Motion by Berryman, second by Ross to expand the parameters of the study to an 11 -mile circumference around the City. Motion by Oliver, second by Eason to amend that the limit should not be a radius but the ultimate boundary in which the City would ever have control. Berryman said Georgetown is surrounded by affordable housing within 11 miles of our city limits. She said there is a finite amount of money available to the City, and she thinks it should be used for economic development and not for affordable housing. Eason said she served on the 2030 Plan Task Force, and it was determined by the majority of the Committee that the City be committed to be supportive of attainable housing. There was further discussion. Sansing suggested that more clarification might be needed before a vote is taken on this. He suggested that staff study the different boundaries. Berryman asked and Yantis displayed maps that indicate the various boundary limits such as the extraterritorial jurisdiction, and proposed future boundaries. There was further discussion and debate. Eason asked Housing Coordinator Jennifer Bills to comment, and she explained that 52% of the employees of the City now live outside the Georgetown city limits. Berryman said until the City put 4B money into affordable housing, she wouldn't have objected. She said the money that was dedicated to affordable housing should have been used toward incentivizing economic development projects to bring a companies to hire Georgetown citizens as employees. Vote on the motion to amend: Denied 4-3 (Ross, Berryman, Brainard and Sattler opposed) Eason said she would vote against this because it would be $9500 to expand a study to an area over which the City has no control. Yantis explained that it would be less than $9500, saying that was the quote for a 15 -mile area, and the cost is for purchasing the data and evaluating it. Vote on the original motion: Approved 5-2 (Eason and Oliver opposed) 8:44 p.m. -- Sansing left the dais. W Items forwarded from the Georgetown Transportation Advisory Board (GTAB) and Parks and Recreation Advisory Board: 1. Consideration and possible action to complete the final design of the Blue Hole Restoration Project as only a hike and bike trail with emergency vehicle access following the natural ground to the extent practicable, utilizing existing funding -- Bill Dryden, Transportation Engineer, Jim Briggs, ACM for Utility Operations Briggs explained that the Parks Board recommended converting a drive-through street to a hike and bike trail with funding from TML Insurance and FEMA totaling $160,000. Motion by Brainard, second by Berryman to approve. Sattler confirmed that this item was approved by GTAB and Parks Board. Approved 6-0. (Sansing absent) 2. Consideration and possible action on a Task Order No. 4 with Baker-Aicklen & Associates, Inc., pursuant to the terms of the Master Services Agreement, for professional services related to the Blue Hole Roadway Flood Damage Reconstruction Project, Final Engineering Design and Construction Administration for an amount not to exceed $35,000.00 -- Bill Dryden, Transportation Engineer, Jim Briggs, ACM for Utility Operations Dryden explained the item using a slide presentation. There were questions from the Council. Dryden was asked and explained that the trail will be concrete and will be handicap accessible. Motion by Berryman, second by Oliver to approve the Task Order. Approved 6-0. (Sansing absent) X Second Readings 1. Second Reading of an Ordinance Rezoning .191 acres in the Lost Addition, Block 66, to be known as the City Council Meeting Minutes/June 10, 2008 Page 5 of 7 Pages Gilmer Office Building from TF, Two -Family District to MU -DT, Mixed Use Downtown District, located at 1102 Rock Street -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Director of Planning and Development Wyler explained the item and said the Planning and Zoning Commission approved the rezoning. He read only the caption of the ordinance on second reading. Motion by Berryman, second by Oliver to approve Ordinance 2008-32, Approved 6-0. (Sansing absent) The following two ordinances were taken in reverse order to comply with the annexation/rezoning process. 3. Second Reading of an Ordinance Annexing into the City 45.401 acres, more or less, in the J. Thompson Survey for Weir Ranch, north of RR 2243 and west of the Riverview Estates Subdivision -- Edward G. Polasek, AICP, Principal Planner Polasek said this item is related to the next item. He explained the item and read only the caption of the ordinance on second reading. Motion by Berryman, second by Oliver to approve Ordinance 2008-34, Approved 6-0. (Sansing absent) 2. Second Reading of an Ordinance Rezoning for 72.89 acres in the J. Thompson Survey, to be known as Weir Ranch from AG, Agricultural and RS, Residential Single Family to C-1, Local Commercial and RS, Residential Single -Family, located on RM 2243 west of Riverview Drive -- Carla Benton, Planner II and Elizabeth Cook, Director of Planning and Development Cook explained the item and read only the caption of the ordinance on second reading. Motion by Ross, second by Berryman to approve Ordinance 2008-33, Approved 6-0. (Sansing absent) 4. Second Reading of an Ordinance of a Rezoning to amend the Development Plan for a PUD, Planning Unit Development 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 413; 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 11 and Elizabeth Cook, Director of Planning and Development Cook explained that this ordinance to rezone "cleans up" the Master Signage Plan and the Landscape Plan. She read only the caption of the ordinance on second reading. Motion by Berryman, second by Ross to approve Ordinance 2008-35, Approved 6-0. (Sansing absent) 5. Second Reading of an Ordinance on a Rezoning from AG, Agriculture district to C-3, General Commercial district for approximately 30.449 acres, more particularly described as 21.102 acres and 9.347 acres in the David Wright Survey, to be known as Buc-ee's, located on the north and south sides of the intersection of Lakeway Drive and IH 35 -- Valerie Kreger, Planner III and Elizabeth Cook, Director of Planning and Development Kreger explained the item, saying it was originally brought before Council in November, 2007. She said the applicant put the second reading on hold in order to finish the negotiations on the purchase of the property. She read only the caption of the ordinance on second reading. Motion by Brainard, second by Ross to approve Ordinance 2008-36. Approved 6-0. (Sansing absent) Y First Reading First Reading of an Ordinance adding new Chapter 7.07 to the Code of Ordinances pertaining to use of dog tethers and restraints -- Ken Finn, Animal Services Manager Finn explained that this was presented as a Workshop item in March. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Berryman, second by Eason to approve the ordinance on first reading. Vote on the motion: Approved 6-0. (Sansing absent) Z Appointments 1. Consideration and possible action to approve the appointment of Mallory Bird to the vacant position that expires in February 2010 on the Parks and Recreation Advisory Board -- Mayor George Garver Mayor Garver recommended the appointment. Motion by Berryman, second by Oliver to approve the appointment. Approved 6-0. (Sansing opposed) 2. Consideration and possible action to approve the appointment of a replacement for Councilmember Dale Ross on the Zoning Board of Adjustment -- Mayor George Garver City Council Meeting Minutes/June 10, 2008 Page 6 of 7 Pages Mayor Garver noted that the applicant has not been in the City for a full year and asked for an effective date of June 28, 2008 for the appointment. Carls suggested there is a section of the Code that allows the City to go outside the qualifications if necessary to fill the position. She said the appointment could be made effective immediately. Motion by Berryman, second by Ross to appoint Jenel Looney as replacement for Dale Ross. Approved 6-0. (Sansing absent) AA Consideration and possible action to determine a meeting time for the Annual City Council Ethics Review on the same night as the Special Meeting on June 30, 2008 -- Sandra D. Lee, City Secretary Brandenburg asked Council if the two meetings could be combined. It was agreed that the Special Meeting would begin at 4:00 p.m. with the Ethics Review beginning at 5:00 p.m. on Monday, June 30, 2008. The meeting was adjourned at 09:20 PM. Attest: ayor,r46orge Garver City Council Meeting Minutes/June 10, 2008 Page 7 of 7 Pages Sandra Lee