HomeMy WebLinkAboutMIN 09.11.2007 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: Council Absent.a
Patty Eason, Gabe Sansing, Keith Brainard, Pat Bill Sattler
Berryman, Farley Snell, Ben Oliver
Paul Brandenburg, 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; Glenn Dishong, Water Services Director; Travis McLain, Airport Manager; Marsha Iwers,
Purchasing Manager; Anthony Lincoln, Fire Chief; Clay Shell, Assistant Fire Chief; Eric Lashley, Library
Director; Bobby Ray, Planning and Development Director; Judy Fabry, Library Administrative Assistant;
Leticia Zavala, Controller; Kevin Russell, Human Resources Director; Robert Hernandez, Police Captain;
David Morgan, Police Chief; Shelly Hargrove, Tourism Director and Main Street Coordinator; Clay Shell,
Assistant Fire Chief; Kathy Ragsdale, Utility Office Manager; Mark Thomas, Economic Development
Director; Valerie Kreger, Planner; Cathy Leloux, Court Administrator
Regular Session to convene and continue Executive Session, if necessary
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
A Sec.551.071: Consultation with Attorney
- 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
- Pedernales Electric Cooperative, et. al. v. Lower Colorado River Authority, et al.
- Offsite Utility Construction and Cost Reimbursement Agreement for ABG Subdivision (n/k/a Water Oak Subdivision) and
Development Agreement concerning the ABG Subdivision (n/k/a Water Oak Subdivision)
Regular Session ® To begin no earlier than 06:00 PM
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
The meeting was called to order at 6:00 p.m.
C Posting of the Colors: Georgetown Fire Department Honor/Color Guard
Chief Anthonly Lincoln called for the Fire Department Honor Guard to post the colors. The members of the
Georgetown Fire Department Honor/Color Guard were: Carl Boatright, Craig Owen, Craig Krienke, Roland
Asua, Scott Gibson, and Darrel Warren.
D Pledge of Allegiance
Mayor Nelon led the Pledge.
E Comments from the dais
- Welcome to Audience and Opening Comments
- Review of procedure for addressing the City Council
Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures.
Presentation to Council on the Main Street Program and the Georgetown Library being recognized as finalists in
City Council Meeting Minutes/September 11, 2007
Page 1 of 6 Pages
the Texas Downtown Asso, on President's Awards
Shelly Hargrove explained that the City of Georgetown was recognized as a finalist for the "Sincerely Yours"
logo and brand. With a slide presentation, she demonstrated the Georgetown items submitted for Best
Marketing Program, such as the Visitors' Guide, Billboard for "Shop, Visit and Discover Georgetown,"
postcards using the brand, the Convention and Visitors' Bureau website, a transparency for TxDOT
Displays, the Shopping Guide, a Red Poppy Poster, and advertisements in publications.
Eric Lashley explained the information submitted regarding the Library competition for the Best Public
Improvement for Downtown. With a slide presentation, he displayed the photographs provided for the
competition, showing "before and after" photos of the area surrounding the new Library.
F Announcements and Comments from City Manager
Brandenburg made the following announcements:
The new rates for trash pickup, recycling, and the Collection Station began on September 10th can
be obtained by going to the City's website at www.geor_qetown.org or contact TDS at (512) 930-1715
for more details.
The Ground Breaking Ceremony for the Expansion of the Georgetown Recreation Center will take
place on September 18th at 10:00 a.m. at 1003 North Austin Avenue, Georgetown, Texas.
A new Geoguide mapping tool to locate addresses, measure the area of a piece of land, locate the
zoning of a piece of property, view recent aerial photos of Georgetown, and many other features, is
available on the City website at www.georgetown.org.
A memorial service for Dixie Hanna, 20 -year member of the library staff, will be held Saturday,
September 15 at 11:00 a.m. in the Friends Room at the Library. The Library will be closed until 1:00
p.m. on Saturday so that staff may attend the memorial service.
G Public Wishing to Address Council
- Betty Ann Sensabaugh regarding location of the Georgetown Visitor and Information Center.
Sensabaugh told Council she has been a volunteer at the Visitors' Center for almost 15 years and is
currently a member of the Convention and Visitors' Bureau (CVB) Board. She said about a year ago, the
volunteers heard that the Visitor Center might be moved to the old fire station, and even though they now
know that this plan has been put on hold, they felt it important to let the city officials know how they feel
about moving the Center. She said the Center being on the Square is a convenient service for tourists.
She also requested public restrooms at the Center.
- Rex Stuart regarding "reasonableness" of utility rates for water, sewer, and garbage.
Stuart requested that the rate structure for wastewater be returned to its original plan and not the fixed rate.
He gave a comparison of the old and new rates.
H Action from Executive Session
There was no action from Executive Session.
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 on Monday, August 27, the
Council Meeting on Tuesday, August 28, and the Special Meeting on Thursday, August 30, 2007 -- Sandra D.
Lee, City Secretary
Brainard suggested two corrections to the minutes of the Special Meeting on August 30, 2007.
J Consideration and possible action to approve the purchase of advertising in the Williamson County Sun for
the estimated annual amount of $47,000 -- Marsha Iwers, Purchasing Manager
K Consideration and possible action to review and accept an Interlocal Cooperation Contract between the City of
Georgetown Police Department and the Texas Department of Public Safety to purchase supplies for the Breath
Testing Program and the Laboratory Alcohol and Drug Testing Program -- David Morgan, Chief of Police
L Consideration and
possible
action authorizing firefighter physicals to
be
completed by St. David's
Occupational Health
Services
in the amount of $30,411.00 -- Anthony Lincoln,
Fire
Chief
M Consideration and possible action to authorize application for a Grant of $34,718.20 from the Lower Colorado
River Authority Community Development Partnership Program to be used to purchase swift water rescue
equipment -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief
N Consideration and
possible
action to approve a
contract with Revenue Recovery, L.L.C. for the collection of
fees for services
provided
by Georgetown Fire
Department -- Anthony Lincoln, Fire Chief
O Consideration and possible action to approve a utility oversizing reimbursement for David Kellerman, Owner
of Mel's Family Bowling Center, in the amount of $35,170.00 related to the oversizing of a regional drainage line
City Council Meeting Minutes/September 11, 2007
Page 2 of 6 Pages
to serve future re-developn, in the Williams Drive Gateway -- Tom Yantis, istant City Manager
P Consideration and possible action to adopt a resolution approving the 2007/08 Budget and related Property
Tax Assessment for the Georgetown Village Public Improvement District #1 -- Micki Rundell, Director of
Finance and Administration
Motion
by
Sansing, second by Brainard to
approve the Consent Agenda with the corrections to the minutes of
August
30,
2007. Approved 5-0. (Sattler
and Berryman absent)
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
Q Consideration and possible action to approve an airport land lease to Microfusion, Inc. for 202 Wright
Brothers Drive -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager
McLain said the Airport Board approved this land lease. Motion by Snell, second by Eason to approve.
Approved 5-0. (Sattler and Berryman absent)
R Consideration and possible action on the proposed budget for 2007-08 of the Arts and Culture Board -- Eric
Lashley, Director of Library Services and Randy Morrow, Director of Community Services
Lashley read the line items of the Arts and Culture Board Budget. Sansing asked Roberts about the potential
location of the first sculpture. Roberts replied that they are proposing to put the sculptures on the corner of 7th
and Main adjacent to the entrance to the Council Chamber/Municipal Court Building. Sansing expressed
concern about there being enough room, and asked about placement on the courthouse lawn, but Roberts
replied that when they requested to put the sculptures there, they were told there can be nothing on the
courthouse lawn that wasn't there in 1911. Motion by Snell, second by Sansing to approve the budget. Oliver
asked about the communication between the Arts and Culture Board and the people involved with the Festival of
the Arts. Brandenburg explained that Council had suggested that the Festival of the Arts apply to the Board, but
didn't legislate that they would be approved by the Board. He also noted the Festival of the Arts had said they
would be self-sustaining after two or three years. Roberts said the Arts and Culture Board will consider whether
they can become a grant -making organization in the future. Vote on the motion: Approved 5-0. (Sattler and
Berryman absent)
S Consideration and possible action on funding allocations for contracted Community/Social Services and
Children's and Youth Program Funding contingent upon final approval of the 2007/2008 budget -- Gabe
Sansing, Councilmember District 2; Bill Sattler, Councilmember District 4; and Farley Snell, Councilmember
District 6
Snell read the following recommendations from the Subcommittee on Funding: (1) That the Council approve
allocations listed on the attached spread sheet, contingent upon final approval of the 2007/2008 Budget. The
Committee followed the approved guidelines in determining these allocations. This action will involve
transferring $15,360.00 from the amount available for Social Services ($309,150) to Children's and Youth
Programs; (2) Under Social Services, count the $26,250 that the Caring Place currently holds of City funds for
home repairs as part of their allocation (resulting in $18,750 in new money and a total of $45,000), and release
the Caring Place from any obligation for home repairs. Create a Home Repairs Fund of $43,540, to be
administered by the City Manager, either through the Caring Place, another agency, or a city mechanism yet to
be devised; (3) Under Social Sercvices, create a $5,000 Fund for cribs to be distributed in conjunction with a
program of pre -natal care by the Lone Star Circle of Care or a program of life skills education by the Caring
Place, depending on who will accept the funds; and (4) Appoint, on nomination by the Mayor, a Council
Subcommittee to review the formula by which the amount of funds available for these two areas are determined
each year. The Committee would make recommendations to the Council no later than the second meeting in
February.
Snell read the allocations as follows:
For Social Services Funding: Assistance League of Georgetown Area $3,000; Bluebonnet Trails Community
MHMR Center *$3;058 $4,000 ; Capital Area Rural Transportation (CARTS) *$3;089 $9,000 ; Catholic Charities
of Central Texas $0.00; Faith in Action Caregivers $15,000; Family Eldercare, Inc. $10,000; Georgetown
Community Service Center (The Caring Place) $18,750; Georgetown Community Service Center (The Caring
Place) - Home Repair Contract $0.00; Georgetown Cultural Citizens Memorial Association, Inc. $0.00; The
Georgetown Project $0.00; Habitat for Humanity $24,000; Handcrafts Unlimited $0.00; Literacy Council of
Williamson County $3,500; Lone Star Circle of Care $100,000; Pregnancy Help Center of Williamson County
$0.00; Stonehaven Senior Center $12,000; Williamson County Crisis Center $40,000; Williamson -Burnet
County Opportunities, Inc. (WBCO) $6,000; Home Repair Contingency Fund $43,540; and The Crib Program
$5,000. (*as corrected at the October 9, 2007 Council Meeting)
For Children's and Youth Funding: Clements Boys and Girls Club - Stonehaven Unit $20,000; Georgetown
City Council Meeting Minutes/September 11, 2007
Page 3 of 6 Pages
Partners in Education $7,0 Georgetown Project $10,000; Georgetown CL, il Citizens Memorial Association
$3,000; Getsemani Community Center $9,000; Georgetown Palace Theater $5,000.
Motion by Snell, second by Sansing to approve the recommended allocations. Brainard asked why Catholic
Charities of Central Texas were found to be outside the guidelinies. Snell responded that the request needed to
be for a direct physical need. Brainard confirmed that this recommendation was a unanimous decision of the
Subcommittee. He asked why the Pregnancy Help Center was not allocated funds, and the Subcommittee
responded that they felt more comfortable with a program administered by a group that didn't have a specific
religious mission. Snell explained and Sansing said he felt like the program needed assistance (pregnant
women needing cribs), but felt they also needed assistance in life skills or prenatal care. Snell read a statement
from the application, saying that statement led the Subcommittee to try to support the need without going
through a religious connotation. Eason said there is no other organization the City supports that limits the
qualifications of the benefactors. Oliver asked and Brandenburg affirmed that he is ready to undertake the
home repair fund and the crib fund or identify an organization that will handle the administration of those funds.
Brainard said he thinks the formula is fundamentally flawed and there needs to be a subcommittee appointed to
work on the method of giving to organizations. Vote on the motion: Approved 5-0. (Sattler and Berryman
absent)
T Discussion and possible action regarding the naming of Oak Tree Drive (Berry Creek) Bridge -- Gabe
Sansing, Councilmember District 2
Berryman arrived on the dais.
Motion by Sansing, second by Berryman to send this to the City's Naming Subcommittee to go forward with the
renaming of the bridge.
Speaker, Kathlyn List, said the bridge is dangerous and she is pleased that the Council cares to memorialize
her husband by naming the bridge in his honor.
Speaker, Sabrina Hilton, granddaughter of the Lists, said naming the bridge after her grandfather would help the
family in their grief.
Berryman reiterated that this would be the naming of the "new" bridge. Oliver said he thinks the motion should
be to have the Subcommittee use the guidelines to consider whether the bridge should be renamed for Mr. List.
Sansing said his motion was to send it to the Renaming Committee, and that the final decision still needs to be
made by the Council. Vote on the motion: Approved 6-0. (Sattler absent)
U Consideration and possible action to execute an interlocal agreement between the Cities of Georgetown and
Round Rock for the provision of emergency water service -- Glenn Dishong, Water Services Director, Jim
Briggs, Assistant City Manager for Utility Operations
Dishong said this agreement memorializes the current action. Motion by Snell, Oliver to approve the interlocal
agreement. Approved 6-0. (Sattler absent)
V Forwarded from the Georgetown Utility System (GUS) Advisory Board:
Consideration and possible action to award a contract to Lewis Contractors, Inc. of Bertram, Texas, for the
construction of the South Fork Interceptor Phase A and to set a budget in the amount of $2,091,089.00 --
Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manager for Utility Operations
Dishong explained the item and recommended the award to Lewis Contractors. He said this was presented to
the GUS Board and the low bidder was not recommended in this particular bid because CDM found them to be
non-responsive. Brainard asked for details concerning the qualification requirements and was told that staff
feels, according to all points included in the letter concerning the qualifications, that CDM was correct in not
going with the low bidder. Sansing asked about costs exceeding the bid, and Dishong said the only way the
excessive costs could be considered would be if it was discovered that more pipe is needed, the City would pay
according to the unit price bid. Motion by Eason, second by Berryman to approve the award of bid. Approved
6-0. (Sattler absent)
W Second headings
1. Second Reading of an Ordinance levying a tax rate for the City of Georgetown for the tax year 2007 --
Micki Rundell, Director of Finance and Administration
Rundell read only the caption of the ordinance on second reading. Brainard said he is concerned and read
the following statement: "I am concerned that despite the fact that our property tax base continues to grow
briskly, and that we are at the top of the business cycle, with sales tax revenues growing strong, we again
are requesting most Georgetown property owners to pay more in taxes next fiscal year than they paid this
year. This budget contains more spending than we will require during the coming fiscal year. It commits the
entire surplus accumulated during this fiscal year and last, and it commits every dollar of projected general
City Council Meeting Minutes/September 11, 2007
Page 4 of 6 Pages
fund revenue in the nc seal year. I understand that our tax rates are ompared to peer cities and that
we take in less than the'GISD and the County, and that some people don4t even realize they're paying
property taxes to the City. I understand that the increase in taxes we are in the process of imposing is
relatively modest, and that we can justify higher taxes because we have new bonds that must be paid for.
Nonetheless, 1 encourage my colleagues on the Council to not become too comfortable increasing taxes,
and to join me in trying to minimize a property tax burden on Georgetown citizens that is entirely too large."
Motion by Brainard, second by Snell that property taxes be increased by the adoption of a tax rate of
$0.35659 of which $0.20322 will be for Maintenance and Operations and $0.15337 for Interest and Sinking.
Eason asked Rundell to recount the years when WTTB (What it Takes to Balance) was the method for
balancing the budget. There were comments from the Council. Vote on the Motion: Ordinance 2007-53
Approved 6-0. (Sattler absent)
2. Second Reading of an Ordinance to adopt the Annual Operating Plan Element of the Georgetown
Century Plan (budget) for the fiscal year beginning October 1, 2007, and ending September 30, 2008;
adopting the Annual Amendment to the Century Plan -- Micki Rundell, Director of Finance and
Administration
Rundell read only the caption of the ordinance on second reading. Motion by Eason, second by Oliver to
adopt the Annual Operating Plan on second reading. Ordinance 2007-54 approved 6-0. (Sattler absent)
3. Second Reading of an Ordinance amending Sec. 2.08.010 "Administrative Divisions and Departments"
of the Georgetown Code of Ordinances -- Micki Rundell, Director of Finance and Administration
Rundell read only the caption of
the ordinance on
second
reading. Motion by Eason. second by Brainard
to approve Ordinance
2007-55.
Approved
6-0.
(Sattler
absent)
4. Second Reading of an Ordinance to Rezone from (OF) Office to (RS) Residential Single-family for 0.179
acres out of the Booty and Lesueur Addition, Block 1, Lot 4, located at 1308 Mart Street -- Bobby Ray,
AICP, Director of Planning and Development Services
Ray read only the caption of the ordinance on second reading. Motion by Eason, second by Oliver to
approve the rezoning. Ordinance 2007-56 approved 6-0. (Sattler absent)
5. Second Reading of an Ordinance for a Comprehensive Plan Amendment to change the Intensity Level
Map from Levels 3, 4 and 5 to Levels 4 and 5 on 54.73 acres more particularly described as 34.82 acres in
the Francis Hudson, Wm. Addison, Joseph Robertson and J.S. Patterson Survey and 19.91 acres in the
Joseph Robertson and the Wm. Addison Survey, also known as the Wheeler Tract, located at 2211 County
Road 111 (Westinghouse Road). -- Valerie Kreger, Planner III, and Bobby Ray, AICP, Director of Planning
and Development Services
Kreger explained the purpose of the ordinance and read only the caption of the ordinance on second
reading. Motion by Eason, second by Berryman to approve the change in intensity. Ordinance 2007-57
approved 6-0. (Sattler absent)
6. Second Reading of an Ordinance to Rezone from (RS) Residential Single -Family District to (MU -DT) Mix
Use Downtown District 0.139 acres out of the Lost Addition, Block 633 located at 1006 Rock Street --
Valerie Kreger, Planner III, and Bobby Ray, AICP, Director of Planning and Development Services
Kreger explained the purpose of the ordinance and read only the caption of the ordinance on second
reading. Motion by Eason, second by Berryman to approve the rezoning. Ordinance 2007-58 approved
6-0. (Sattler absent)
X Consideration and possible action to extend the scope of work of the biotech commercialization consulting
contract with K. Peterman Consulting Associates -- Mark Thomas, Economic Development Director and Paul
Brandenburg, City Manager
Thomas explained the item, saying Peterman assisted in bringing two companies to Georgetown. Motion by
Berryman, second by Eason to approve the extension of the scope of work in the consulting contract.
Approved 6-0. (Sattler absent)
Y Discussion and possible action to approve a Resolution approving a Chapter 380 Economic Development
Agreement between the City of Georgetown and the Texas Life Sciences Commercialization Center — Mark
Thomas, Economic Development Director and Paul E. Brandenburg, City Manager
Brandenburg explained the item, saying it has taken four years, and the framework is now beginning to be
finalized. He asked Council to approve the Agreement and noted that the proposed agreement, business plan,
and commitment letters are included in the packet for the item. Motion by Eason, second by Berryman to
City Council Meeting Minutes/September 11, 2007
Page 5 of 6 Pages
approve the resolution.
Sn, questioned
the
amounts in the agreement. BrL
anburg pointed out the figures in
the Business Plan and
assured Snell that
the
amount is covered. Approved
6-0.
Z Consideration
and possible action to approve a resolution
stating
that the City elects to become eligible to
participate in a property tax abatement
at
for Airborn,
p.m.
Inc.
—
Mark
absent)
The
Thomas,
Economic
Development
Hearing
was closed
Director
Thomas told Council that Airborn is the largest manufacturer in Georgetown. He said they are looking at options
to move to another location, so to keep the 350 jobs in Georgetown, a tax abatement is needed. Motion by
Snell, second by Berryman to approve the resolution. Approved 6-0. (Sattler absent)
AA Public Hearing/First Reading
1. Public Hearing on the designation of a reinvestment zone of approximately 21.18 acres out of the Lewis
Dyches Survey, Abstract No. 180 in Williamson County, Texas, being a portion of 122.19 acres conveyed to
H. B. Longhorn Junction Phase Ili, L.P. — Mark Thomas, Economic Development Director and Paul
Brandenburg, City Manager
Thomas explained that this is another
step toward being able to grant a tax abatement.
The
Public Hearnig
was opened
at
7:15
p.m.
There
were
no comments.
absent)
The
Public
Hearing
was closed
at
7:15
p.m.
2. First Reading of an Ordinance to remove Section 4.40.010(D) of the City of Georgetown Code of
Ordinances to remove references to legislatively repealed expiration dates for the collection of fees for the
Municipal Court Technology Fee Fund; to align with State Law, Article 102.0172 of the Code of Criminal
Procedure -- Micki Rundell, Director of Finance and Administration and Cathy Leloux, Court Administrator
Leloux explained this ordinance would remove a sunset provision. She read only the caption of the
ordinance after having satisfied the requirements of the City Charter. Motion by Berryman, second by
Oliver to approve the ordinance on first reading. Aprpoved 6-0. (Sattler absent)
3. First Reading of an Ordinance establishing the classifications and number of positions (Strength of Force)
for all the City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas Local
Government Code pertaining to Civil Service -- Kevin Russell, Director of Human Resources and Civil
Service
Russell explained the reason for
the ordinance and read
only the caption
on first reading.
Motion
by
Sansing, second by Berryman to
approve the ordinance
on first reading.
Approved 6-0.
(Sattler
absent)
4. Public Hearing and First Reading of an Ordinance Adding a New Chapter 12.09 to the Code of
Ordinances pertaining to the regulation of encroachments into public rights-of-way and easements --
Bobby Ray, AICP, Director of Planning and Development Services
Ray explained this estalishes a process that has been used but never codified and will make this regulation
an administrative review. He said currently, the encroachements are to be signed by the Mayor which
requires action by the Council. He said this ordinance makes an encroachment subject to the signature of
the Director of Planning and Development. He read only the caption of the ordinance on first reading. The
Public Hearing was opened at 7:20 p.m. There were no comments. The Public Hearing was closed at 7:20
p.m. Motion by Eason, second by Berryman to approve the ordinance on first reading. Approved 5-1.
(Sansing opposed)(Sattler absent)
Mayor Nelon recognized a scout in the audience.
The meeting was adjourned at 07:25 PM.
ayor Cary Nelon
City Council Meeting Minutes/September 11, 2007
Page 6 of 6 Pages
tte : '
ity Secretary Sandra I