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HomeMy WebLinkAboutMIN 05.13.2008 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present. Patty Eason, Gabe Sansing, Keith Brainard, Bill Sattler, Pat Berryman, Farley Snell, Ben Oliver " CouncilAbsent: All Council 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; Leticia Zavala, Controller; Clay Shell, Assistant Fire Chief; Keith Hutchinson, Public Information Officer; Todd Terbush, Police Lieutenant; Elizabeth Cook, Planning Director; Bill Dryden, Transportation Engineer; Kathy Ragsdale, Utility Office Manager; Marsha Iwers, Purchasing Manager; Eric Lashley, Library Director; Tom Benz, Systems Engineering Manager; Mark Thomas, Economic Development Director; Joe Lara, Chief Financial Analyst 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 - Texas Indigenous Council, et al. v. City of Georgetown , et al., Cause No. A08 -CV -062 LY, in the United States District Court for the Western District of Texas - Discussion and possible action concerning threatened litigation by business owner related to curbing, sidewalk and parking improvements on Main Street B Sec 551.072: Deliberations about Real Property - Consideration and possible action to deliberate the purchase of real property for city facilities and for other public purposes C Sec.551.074: Personnel Matters - Annual Performance Evaluation and Compensation Review of City Manager, City Secretary, and Municipal Judge D Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations. Regular Session - To begin no earlier than 06°00 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.) E Call to Order Mayor Nelon called the meeting to order at 6:00 p.m. F Pledge of Allegiance Mayor Nelon led the Pledge. City Council Meeting Minutes/May 13, 2008 Page 1 of 6 Pages G Comments from the dais - Welcome and Meeting Procedures Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. H Announcements and Comments from City Manager A special City Council meeting to canvass the May 10 election results has been postponed to Tuesday, May 20. Election results will be certified at the meeting and new City Council members will take the Oath of Office to begin their term. The meeting was originally scheduled for May 14, but has been postponed due to Election Rules for ballots cast by residents who are out of the country. The meeting to canvass the election results and to swear in the new Mayor, George Garver; new councilmember for District 6, Dale Ross; and incumbent for District 2, Gabe Sansing, will begin at 5:00 p.m. on Tuesday, May 20. The meeting will be held at the Council Chamber and Courts Building, located at 101 E. Seventh Street. There will be a Community Input Meeting for the Parks and Recreation Master Plan on Thursday, May 22 at 5:30 p.m. at the Georgetown Community Center. The following City of Georgetown offices will be closed on Monday, May 26 in observance of the Memorial Day Holiday: City Hall, Georgetown Municipal Complex, Library, Municipal Court, Parks and Recreation Administration Building, Recreation Center, Tennis Center, and Visitors Center. There will be normal trash collection for City of Georgetown customers on Monday, May 26. For questions about trash collection, call Texas Disposal Systems at (512) 930-1715. of his appointment, in January 2009. Approved 7-0. A Memorial Day Ceremony honoring all veterans and those currently serving in our Military Forces will be held on Monday, May 26 at 9:30 a.m. at the Georgetown -Williamson County Veterans Memorial located at 2 Texas Drive in Sun City, Texas City Pools are open for the Memorial Day Weekend, Saturday, May 24 through Monday, May 26. The pools open officially for the summer beginning Saturday, May 31. Action from Executive Session Motion by Sansing, second by Eason that the City Council approve the settlement agreement with the Texas Indigenous Council consistent with the terms outlined in the May 8, 2008 letter from Dietz & Jarrard, and authorize the City Manger and City Attorney to execute the necessary settlement documents. Approved 7-0. Motion by Sansing, second by Oliver that the City Council authorize the Assistant City Manager to obtain a survey and an appraisal of land in the Williams Drive Gateway area for possible acquisition by the City, and that a letter of intent for the transaction be brought back to City Council for approval. Approved 7-0. Motion by Sansing, second by Eason that the City Council authorize the City Manager to accept the counteroffer from the seller of certain property for use as a city facility as outlined in the Seller's May 12, 2008 e-mail to the City's legal representative to be purchased with bonds to be issued at a later date. Approved 7-0. Motion by Sansing, second by Eason that the salary for the Municipal Judge be increased to $60,000 annually, effective October 1, 2008, for fiscal year 2008-09. Approved 7-0. Motion by Sansing, second by Eason that the salary for the Associate Municipal Judge be increased to $27,000 annually, effective on the anniversary date of his appointment, in January 2009. Approved 7-0. Motion by Sansing, second by Eason that the salary for the City Secretary be increased to $63,600 annually, effective October 1, 2008, for fiscal year 2008-09; and a bonus be awarded in the amount of $5,000. Approved 7-0. Motion by Sansing, second by Snell that the salary of the City Manager be increased to $160,000, effective October 1, 2008; and a bonus be awarded in the amount of $8,000, along with the car allowance and cell phone allowance. Approved 7-0. Public Wishing to Address Council On a subiect that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a 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. J As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. City Council Meeting Minutes/May 13, 2008 Page 2 of 6 Pages 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. K Consideration and possible action to approve the minutes of the Council Workshop held on Monday, April 21, the Council Meeting held on Tuesday, April 22, and the Special Meeting at 2:45 p.m. on Monday, April 28; and the Special Joint Meeting with the Williamson County Commissioners at 3:00 p.m. on Monday, April 28, 2008 -- Shirley Rinn, Deputy City Secretary and Sandra D. Lee, City Secretary L Consideration and possible acceptance of the Grant of $4,650.00 from the Texas Commission on Fire Protection — Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief M Consideration and possible action to approve a contract with Williamson County in the amount of $60,000.00 to provide fire protection services — Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief N Consideration and possible action to award a contract for the City's annual street striping bid to DIJ Construction of Bertram, Texas in the amount of $46,100.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistan City Manager for Utility Operations O Consideration and possible action regarding a Task Order with Baker-Aicklen & Associates, pursuant to the terms of the Master Services Agreement, for professional services related to the Austin Avenue Project and Design Phase Services for Sidewalk and Curb improvements on the west side of Austin Avenue between 2nd and 5th Streets in an amount not to exceed $45,815.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations (question from Sattler) Sattler asked if there was a budget for this item and Miller confirmed there is a budget line item for the Downtown Master Plan. Yantis explained that a certain amount of General Fund monies are allocated for the Master Plan and they roll over each year. P Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for the approval of an allocation of $2,000.00 in Hotel Occupancy Tax (HOT) funds to Fury Basketball for help in the cost of promoting their tournaments, as well as providing hospitality for the attending coaches and tournament volunteers -- Shelly Hargrove, Tourism Director and Main Street Manager (question from Brainard) Brainard asked to know more about Fury Basketball, and Cad Miller asked a gentleman from the audience to respond. He said it is a non-profit basketball club that was started in 1999, consisting of 20 teams, with some kids from Granger and outlying areas. He said this organization provides a spring and summer outlet for them to play basketball. He said it was started just for girls and has evolved into boys and girls from 4th through 12th grade. He said there are six tournaments over the summer to bring in money to supplement the program and support the high school basketball program. He noted that all of the coaches are volunteers except for high school kids who assist. He said 15 to 20 teams come from out of town to participate in the tournaments, estimating 25 to 30 people come to Georgetown with each team. Q Consideration and possible action to accept the Quarterly Investment Report for the City of Georgetown, Georgetown Economic Development Corporation (GEDCO), and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended March 31, 2008 — Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration R Consideration and possible action to approve an Interlocal Agreement for Cooperative Purchasing for TMRS actuarial shared services with the North Central Texas Council of Governments (NCTCOG) -- Micki Rundell, Director of Finance and Administration S Consideration and possible action to approve a contract with Gabriel Roeder Smith & Company (GRS) for actuarial servicies associated with the City's TMRS retirement plan -- Micki Rundell, Director of Finance and Administration (question from Oliver) Oliver asked and Rundell explained that there will be an adjustment to the rate for the reitrement benefits. She explained that this is a consultant who will advise the City of Georgetown whether to expect increases in the future and what the City might need to do to adjust the budget. T Consideration and possible action to approve a Non -Disclosure Agreement with the Texas Municipal Retirement System (TMRS) -- Micki Rundell, Director of Finance and Administration U Consideration and possible action to approve the appointment of John Chapman as the representative from City Council Meeting Minutes/May 13, 2008 Page 3 of 6 Pages District 7 to the Georgetown ethics Commission -- Ben Oliver, District 7 Cow cilmember Motion by Berryman, second by Brainard 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: V Consideration and possible action to approve the purchase by the Arts and Culture Board of a bronze statue, "Waterin' the Work Mules," from Bob Coffee, Austin, Texas, in the amount of $70,000, and if approved, direction to staff to draw up a contract with the artist that outlines the schedule of work and payments -- Ruth Roberts, Arts and Culture Board Chair; Eric Lashley, Library Director; and Randy Morrow, Director of Community Services Lashley explained the item and asked Arts and Culture Board Chair Ruth Roberts to speak to Council. She thanked the Art Panel of the Arts and Culture Board and others from the public who were involved in choosing the statue. She thanked the Council for starting the Arts and Culture Board. She complimented Mayor Nelon and Farley Snell for their support. She introduced artist, Bob Coffee, who demonstrated a small model of the planned sculpture, saying the location will be the southeast corner of the courthouse square, not on the lawn, but on city right of way, in the city sidewalk. Snell commended the Arts and Culture Board for their initiative. Motion by Snell, second by Brainard to approve the sculpture. There was further discussion. Brainard suggested that the rear of the sculpture shouldn't face a street. Note on the motion: Approved 7-0. Coffee said November is the target date for a dedication. W Consideration and possible action to approve a Performance Agreement between the Georgetown Economic Development Corporation and Kenny Nguyen dba Beauty Escape Salon and Day Spa -- Mark Thomas, Economic Development Director and Paul E. Brandenburg, City Manager Thomas explained the item and noted that the amount is $10,750; and the funds would be used to relocate a transformer and repair the parking lot to open the remaining retail space to allow room for a restaurant. Motion by Snell, second by Eason to approve the agreement. Approved 7-0. X Consideration and possible action to approve an expenditure of $93,380 for a Customer Relationship Management System from Tyler Technologies, Inc., INCODE Division, to provide case management automation and system integration for the Community Development Division -- Leticia Zavala, Controller and Tom Yantis, Assistant City Manager Yantis explained the item, saying this software system will synchronize all of the functions of planning and code enforcement, utilizing the INCODE system that already is being used in the finance department so everything will be integrated. Sattler asked and Yantis said the overage from the original budget of $50,000 would come from savings within the division. Motion by Sansing, second by Berryman to approve the expenditure. Approved 7-0. Y Consideration and possible action regarding an "Agreement Concerning Construction of Sidewalks and Water Line" with the City, St. David's Healthcare Partnership, L.P., L.L.P, and Georgetown Healthcare Community Services, Inc. -- Elizabeth Cook, Development Services Director Cook explained that before the plat expires at the end of this month, the healthcare partners requested to either postpone the construction or the bonding until something happens on the property. Sattler asked and Cook said this had never been done before. Sattler asked if this is a precedent. She said the Healthcare Partnership is not doing any development at this time. There was further discussion. Motion by Oliver, second by Brainard to approve the agreement. Brainard asked about the lack of sidewalks in various portions of his district. Nelon noted there were places in his neighborhood as well where the sidewalk does not exist. He suggested that be posted on a future agenda. Oliver agreed there are large areas of the City where there are no sidewalks and he feels it is a safety issue. He said the Council will need to put some funding toward sidewalks. Vote on the motion: Approved 7-0. Z Forwarded from the Georgetown Transportation Advisory Board (GTAB) Consideration and possible action for a new item to be included in the FY 2007/2008 Mid Year Budget Adjustments for hiring an engineering consultant to study, evaluate, and make recommendations for a Road Impact Fee program for the City in an estimated amount of $150,000.00 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations Dryden explained the item. Motion by Sansing, second by Berryman to approve. Oliver asked and Brandenburg said there will be a mid -year adjustment because this will be a revenue maker for the City. Oliver confirmed this will come out of the $1.6 million that Rundell spoke about at the Workshop. Brainard suggested a friendly amendment to approve Option 1. Sansing and Berryman agreed to the friendly amendment. City Council Meeting Minutes/May 13, 2008 Page 4 of 6 Pages Sattler confirmed that this wni be a Special Revenue Fund for a defined area, managed by district. Vote on the motion with the friendly amendment: Approved 7-0. AA Second Reading Second Reading of an ordinance amending Chapter 12.24 of the Georgetown Municipal Code relating to "Events and Celebrations" to address picketing, permitting, fees, the application process, and other issues related to picketing and events -- Patricia E. Carls, City Attorney Carls read only the caption on second reading. Motion by Snell, second by Berryman to approve Ordinance 2008-29. Approved 7-0. BB Public Hearings and First Readings 1. First Reading of an ordinance amending the current water rate pricing blocks to encourage water conservation and the reduction of peak water demand — Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance and Administration RagSdale explained that this ordinance would lower the first rate pricing block from 20,000 to 15,000 gallons. There was discussion regarding this being a price increase. Nelon said it is designed this way to encourage conservation. Sansing said he is disappointed with the rates. Snell said there are infrastructure needs because of people with large yards using a lot of water. Sansing said the City needs a plant expansion anyway. Nelon explained this is a policy moving towards conservation that incents through penalty for volume and incentive to conserve. Sansing asked how the residents will know when they are going to exceed. Ragsdale said a pilot has been started in one of the Sun City neighborhoods where they will receive a phone call when they have reached 10,000 gallons. Oliver said we have no choice but to decide on ways to conserve water. He said he agrees with Sansing that there should be clear signals on pricing and billing to show a premium will be paid for using more water. Rundell said the City has been charging conservation rates since 1997; but this ordinance lowers each block by 5,000 gallons. She said this was one of the suggestions from HDR Engineering to put off building another plant as long as possible. Motion by Sansing, second by Berryman to delay in order to hear the results of the pilot program and let the Council know how effective it was; and if it was effective, look at implementation, and if it wasn't effective, look at other alternatives. Berryman asked about incentivising instead of penalizing. Ragsdale said the City already does that. Berryman to friendly amend to include incentivising. (The friendly amendment was not asked to be approved by Sansing.) Eason said people will not pay attention to how they are wasting water until it costs them. Oliver asked for the timeline, Ragsdale said it was going to run through the end of August, saying the conservation rates apply only through the summer. Brainard confirmed that GUS reviewed and approved of this unanimously. Snell said he would vote against Sansing's motion because it would delay the program until next year. Sansing said if the pilot program comes back successful, he would suggest doing it year round. Vote on motion to defer: Approved 4-3 (Snell, Oliver and Eason opposed) 2. First Reading of an Ordinance accepting approximately 2.74 (+/_) acres of land into the Extraterritorial Jurisdiction of the City of Georgetown, consisting of 1 tract of land identified as Gabriel's Overlook Section 1, Lot 5, with Williamson County parcel number R401879, located at 137 Park Place Drive -- Edward G. Polasek, AICP, Principal Planner Cook explained this request is from the property owners to be included in the City's ETJ, saying a large portion of Gabriel's Overlook was included in the ETJ last year, and this was one of the lots that was left out. She read only the caption after having satisfied the requirements of the Charter. Motion by Berryman, second by Sansing to approve the ordinance on first reading. Approved 7-0. 3. First 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 Cook explained that the second reading will wait for the rezoning. She said the Planning and Zoning Commission has approved. She 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. 7:25 p.m. -- adjourned City Council Meeting Minutes/May 13, 2008 Page 5 of 6 Pages The meeting was adjourned at 07:25 PM.' City Council Meeting Minutes/May 13, 2008 Page 6 of 6 Pages Secretary Sandra Lee