HomeMy WebLinkAboutMIN 06.26.2007 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: CouncilAbsent:
Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council Present
Sattler, Pat Berryman, Farley Snell, Ben Oliver
Micki Rundell, Director of Finance and Administration; Patricia E. Carls, City Attorney; Sandra D. Lee,
City Secretary; Jessica Hamilton, Assistant City Secretary; Kevin Russell, Director of Human Resources;
Shirley Rinn, Executive Assistant to the City Manager; Lisa Haines, Accountant; Bobby Ray, Director of
Planning and Development; Rachel Osgood, Environmental Services Coordinator; Keith Hutchinson,
Public Information Officer; Leticia Zavala, Controller; Jordan Maddox, Planner 1; Marsha Iwers,
Purchasing Manager; Valerie Kreger, Planner 111; Thomas Benz, Systems Enqineer
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
- 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
-Transamerican Underground vs. Arch Insurance Co., C.C. Carleton Industries, and Third Party Defendant the City of
Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District
. Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and
Necessity (Application No. 35375-C) (SOAH Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR)
. Mark Shelton v. Rodney Eric Wise, Shanna Elaine Shelly, David Earl Morgan, City of Georgetown , Civil Action No.
A -07 -CA -063 -LY, in the United States District Court for the Western District of Texas Austin Division
. Discussion and possible action regarding Williamson County MUD No. 19 request for sewer Certificate of Convenience and
Necessity (Application No. 35375-C) (SOAR Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR)
. Discussion and possible action regarding "A resolution authorizing the City of Leander to enter into a Memorandum of
Understanding among the City of Leander, the City of Liberty Hill, Williamson County MUD No. 19, and the Lively Tract, to
proceed with necessary planning for the development of the South San Gabriel Wastewater Treatment Plant."
B Sec 551.072: Deliberations about Real Property
- Consideration and possible action concerning the authorization of a proposed Pipeline License between the City of
Georgetown and Georgetown Railroad Company, Inc. ("GRR") for an underground crossing of its railroad facilities in
connection with Project Lone Star Electric Service Project.
C Sec.551.074: Personnel Matters
- Evaluation of City Secretary and Municipal Judge
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.)
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Mayor Nelon called the meeL11 g to order at 6:02pm.
E Pledge of Allegiance
Mayor Nelon led the Pledge.
F 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 procedure.
- Proclamation for the American Family Reunion
Mayor read the proclamation to the audience and presented it to Don Bebee. Sansing noted that he was
e-mailed a proclamation signed by Governor Perry that was also in regards to the American Family
Reunion. He said that this is getting support from all over the state.
. Graduation Ceremony for the participants in the Georgetown Citizen's Academy
Rinn gave the audience a brief overview of the Georgetown Citizens Academy and added that the City had
14 participants this year. Rinn called the names and Mayor Nelon presented certificates to the following
Georgetown Citizen's Academy graduates: James Clark, Noel Glucksman, Leslie Green, Lisa Haines,
Jessica Hamilton, Tina Heine, Trish Long, Sheila Mitchell, Warren Robb, Don Van Wassehnova, Carol Van
Wassehnova, Rick Williamson, Sandra Ramjit, and Pat Reynolds.
G Announcements and Comments from City Manager
Mayor Nelon reminded the audience about the upcoming Sertoma Club July 4th celebration in San Gabriel Park.
He said that it is a great opportunity for everyone to enjoy the 4th of July together.
H Public Wishing to Address Council
As of the deadline, there were no persons who wished to address the Council on items not already posted on
the Agenda.
I Action from Executive Session
Motion by Sansing, second by Oliver that the salary for the Municipal Judge be changed to $53,000 for fiscal
year 2007-08. Approved 7-0.
Motion by Sansing second by Sattler that the City Secretary's salary be adjusted to $60,000 annually and a
bonus be awarded in the amount of $5,000, in light of continued outstanding performance. Approved 7-0.
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.
J Consideration and possible action to approve the minutes of the Council Workshop on Monday, June 11, the
Council Meeting on Tuesday, June 12, and the Annual Council Ethics Training on Monday, June 18, 2007 --
Sandra D. Lee, City Secretary
K Consideration and possible action regarding the request for consent to the assignments of the Advanced
Services, Inc. lease and the Georgetown Aviation Facilities, LLC lease at the Georgetown Municipal Airport to
lenders in order to allow the lessees to obtain financing -- Patricia E. Carls, City Attorney
L Consideration and possible action to approve the Fiscal and Budgetary Policy to be used in preparing the
2007/08 Annual Operating Plan and to guide operations for the upcoming fiscal year-- Micki Rundell, Director of
Finance and Administration (pulled by Sansing)
M Consideration and possible action to approve the sale of obsolete/scrap electric meters to Texas Meter and
Device Company in the estimated amount of $750.00 -- Marsha Iwers, Purchasing Manager and Micki Rundell,
Director of Finance and Administration
N Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning
the ten -foot (10) Public Utility Easements along the common property lines between Lots 112 and 113 and
Lots 113 and 114 in the Planned Unit Development of Cimarron Hills, Phase 1, Section 3, Block K, located
at 209, 211, and 213 Green Leaf Lane -- James G. Babcock, AICP, Planning Specialist and Bobby Ray, AICP,
Director of Planning and Development
O Consideration and possible action regarding a Resolution Finding Public Convenience and Necessity and
authorizing eminent domain proceedings, if necessary, for certain Public Utility Infrastructure Improvements
pertaining to the acquisition of land from Georgetown Railroad Company, Inc. for electric utility purposes --
Patricia E. Carls, City Attorney
Motion by Brainard, second by Oliver to approve the Consent Agenda in its entirety with exception of Item L which
was pulled to the Regular Agenda. Approved 7-0.
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Council will individually consiuer and possibly take action on any or all of the following items:
L Consideration and possible action to approve the Fiscal and Budgetary Policy to be used in preparing the
2007/08 Annual Operating Plan and to guide operations for the upcoming fiscal year -- Micki Rundell, Director of
Finance and Administration (pulled by Sansing)
Sansing indicated that he would like more discussion regarding the sanitation return on investment percentages,
and Rundell noted that this item is to give staff direction to go forward with the budget preparation under these
guidelines, and there will be an explanation for changing the percentage from 8% to 3% on July 9 at the Council
Budget Workshop. She asked that Council go forward with this policy with the understanding that it could be
changed. Nelon confirmed that Council can make changes during the budget deliberations at the time the
ordinance is presented. Snell asked and Rundell agreed that the name of the Council Contingency Account
could be called Council Discretionary Account.
Motion by Sansing, second by Oliver to approve Item L. Oliver asked about the part of the policy regarding the
Capitol Improvement Plan (CIP) annexation -related projects. Rundell explained that currently the projects are
funded through the utility that is bearing the costs, and adding this statement to the policy would give staff
permisison to request Council consideration for funding in the regular budget, in case there would be an issue in
funding those that might have an impact on rate base. Sattler confirmed the $25,000 contingency fund in
sanitation in addition to the ROI. Rundell said there will be a separate agenda item on the sanitation fund. Vote
on the motion: Approved 7-0.
At this time, Mayor Nelon recognized in the audience a Boy Scout, Richard Bradley, working on his Eagle Scout
Badge.
P Consideration and possible action to approve the appointment of Jessica Hamilton as a Deputy City Secretary
-- Sandra D. Lee, City Secretary and Paul Brandenburg, City Manager
Lee introduced Hamilton
and requested
that the Council appoint
her as a Deputy City Secretary. Motion by
Snell, Second by Eason
to approve the
appointment. Approved
7-0
Q Consideration
and possible action to
approve a Performance Agreement
regarding Orthopuetics, L.P. --
Mark Thomas,
Director of Economic
Development and Paul Brandenburg,
City Manager
This item was pulled.
R Discussion
and Possible Action regarding the status of the Conservation
Subdivision
Task Force and
Ordinance
-- Jordan Maddox, Planner I and Bobby Ray, AICP, Director of
Planning and
Development
Maddox reminded Council that this item was requested to be pulled off of the UDC Amendments at an earlier
meeting. He added that, at the Council's direction, staff was to bring the item back at the August 28th meeting.
He said that, since then, they have established a Task Force which has held four meetings over the past two
months to discuss the applicabilty and the reasons for a Conservation Subdivision. Maddox added that the Task
Force has made changes to the ordinance and the staff has agreed to these changes. He noted that they have
been very pleased with the input that they have received. Maddox mentioned that some of the members of the
Task Force requested that the staff go forward to Council and request a postponement past the August 28th
meeting. He said that they want to work out certain details of the ordinance that might have some discrepencies
with the Future Land Use Plan of the Comprehensive Plan Update.
Mayor asked and Maddox confirmed that the Task Force would still have recommendations about the
Conservation Subdivision at the end of August as was guided by Council's discussion and vote. Mayor
continued by asking what the status of the Land Use Plan Element of the Comprehensive Plan would be at the
end of August. Maddox stated that the staff and the consultants that have been working on the Comprehensive
Plan will present an update to Council at the August 13 Workshop. He added that they will be presenting
anything that may relate to a Conservation Subdivision on a Future Land Use map. Maddox also noted that staff
will be presenting the first reading and ordinance at the August 28th meeting. Mayor said that it is not
inconsistent with getting the Task Force report at the last meeting in August. Snell agreed with Mayor Nelon
and said that, by that time, Council will have an ordinance to look at, a workshop report, and full range of
opportunity to discuss or amend the ordinance accordingly. Snell asked and Maddox confirmed that Council will
not take any action on what they are presented with in August and that they will look at the update and sign off
on it for a round of community forums that will follow. Maddox said that staff will return in the Fall to request
approval and adoption of the Comprehensive Plan. Mayor Nelon said that he thinks that no other action is
necessary if everyone is on task to do what was originally directed. Sattler asked and Maddox confirmed that
this does not delay anything on the Land Use Plan. Oliver stated and Mayor agreed that the Comprehensive
Plan Ordinance and the Land Use Plan do not come out of sync if they stick to the original calendar. No action
was taken.
S Forwarded from the Georgetown Utility System (GUS) Advisory Board
1. Consideration and possible action to award a bid for Brush Grinding Services in the amount of
$40,035.00 to Austin Wood Recycling -- Rachel Osgood, Environmental Services, Jim Briggs, Assistant
City Manager for Utility Operations
Osgood read the item and told Council that they collect brush from both inside and outside of the city. She
noted that they have approximately 19,000 cubic yards of brush. Osgood explained that, as part of brush
management, they are responsible for grinding it up and giving away the resulting mulch to citizens free of
charge. Brainard asked if the City has considered selling the product to the grinder. Osgood said that they
have not done so at this point because they consider it a service to the citizens. She noted that they are,
however, collecting fees for brush disposal from people who live outside of the city. Osgood passed around
samples of brush grind to Council and explained the difference between the "first grind" and "second grind"
mulch. She said that, by opting for a second grind, they would have a much more marketable product to
give to the citizens.
Brainard stated that there is a cost associated with giving the mulch away, and that is the foregone revenue
of selling the product. Osgood replied by saying that, at this time, the product is not in a saleable form. She
added that the second grind sample is from Gardenville and that it is what she would like to see in the
future. Brainard added that he intends to vote for the contract, but he thinks that we need to understand
the cost of providing the citizens with free mulch. Sattler asked and Osgood said that the $40,000 will go
towards a smaller screen which will result in finer, second grind mulch. Eason mentioned that it is also
important to understand that we have a huge amount of brush that we need to get rid of. She added that, if
we can get it into a form that people will take, we won't have to pay to get rid of it. Sansing agreed with
Eason and said that it is critical that we do this. Motion by Sansing, second by Eason to award the bid.
Sattler asked and Osgood clarified that, if a citizen brought in their trailer or truck, that staff would load the
mulch for them. Approved 7-0
2. Consideration and possible action to award the annual bid for flexible base material, sand and rock to
Georgetown Transportation in the estimated total amount of $96,500.00 -- Marsha Iwers, Purchasing
Manager and Jim Briggs, Assistant City Manager for Utility Operations
Iwers explained the item and said that the material will be used in the construction and maintenance of city
streets as well as water and electric distribution systems. She added that the flex base is primarily used in
repairing street cuts and reconstruction, and that the sand and rock are used for bedding pipe before
burying. She said that the staff recommendation is to award this bid to the only bidder responding,
Georgetown Transportation, our vendor for this material for the past year, and they have done a satisfactory
job. She noted that the unit prices include delivery and stockpiling of the material at the facilities. She said
that the products are primarily purchased from Texas Crushed Stone and the using departments will order
materials on an as needed basis. She said that this item was approved by the GUS Board for Council
approval. Motion by Sansing, second by Eason to award the annual bid. Brainard asked and Iwers
explained that there was only one bidder because Georgetown Transportation is able to both deliver and
stockpile the material. Approved 7-0
3. Consideration and possible action to approve a contract amendment between the City of Georgetown and
Kasberg, Patrick & Associates, LP for professional services related to the engineering for the 2006/2007
and 2007/2008 Street Rehabilitation Projects in the amount of $300,500.00 -- Mark Miller, Transportation
Services and Jim Briggs, Assistant City Manager for Utility Operations
Benz read the item and said that this contract will provide the City with engineering services for the CIP
(Capital Improvement Plan) projects that were indentified in the 2006-07 and 2007-08 years. He added that
they are combining the two years together in order to create a project that will attract more bidders. Benz
continued by saying that they are going to be taking a different approach by doing point repairs first and
then adding a separate contract to bid out the asphalt overlay process. Mayor asked if the work is split
evenly between both years and if this is double what they had anticipated. Benz replied by saying that the
2007-08 projects are more maintenance related. He added that the goal is to have 70% of their projects be
maintenance and 30% rehabilitation in the 2007-08 year. Mayor asked and Benz confirmed that the GUS
Board was ok with this approach and that the Board had provided a recommendation to Council. Motion by
Eason, second by Berryman to approve the contract amendment. Approved 7-0
4. Consideration and possible action to
award the
annual bid for
electrical conduit -- Marsha Iwers,
Purchasing Manager and Jim Briggs,
Assistant
City Manager
for Utility
Operations
Iwers said that staff is requesting consideration of the award of the annual bid in the estimated amount of
$94,234 to Techline, KBS, and Stuart Irby of Austin. She said that bids were received on June 18th for the
purchase of electric conduit for a year period beginning July 1, 2007. Iwers added that this is a unit priced
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contract based on the estimated quantities. She said that the conduit wili oe stocked as part of the electric
warehouse inventory to be used primarily on new electric projects that require underground service. Iwers
noted that the material will be ordered on an as -needed basis, and told the Council this item was
recommended by the GUS Board. Motion by Snell, second by Berryman to award the annual bid. Sansing
asked about the distribution of price and Iwers explained that Tech Line could only hold their prices through
September 30th but Irby was going to give them a firm price for a year. Approved 7-0
5. Consideration and possible action to award a contract for the installation of fiber optics outside plant
cable infrastructure by unit price -- Marsha Iwers, Purchasing Manager and Jim Briggs, Assistant City
Manager for Utility Operations
Iwers read the item and asked that Council award the contract by unit price to the only bidder responding
with a satisfactory and conforming bid, CoCom Cabling of Round Rock, Texas. She noted that the contract
is for a labor unit price and that the work will be done on an as needed basis throughout the year. Iwers
added that the contract amount is not to exceed $500,000. She said that the city will provide the cable and
that this bid will also allow for maintenance and emergency work as required to the existing fiber system.
Iwers mentioned that CoCom Cabling was also awarded the bid for the installation of the outside plant fiber
optic infrastructure Phase I. Iwers said that this item was recommended by the GUS Board for Council
approval at the June 19th GUS Board meeting. Brainard asked and Iwers explained that there was only
one bidder because CoCom's low price discouraged other competitors. She also said that CoCom was
able to give a very good price because they were already on site doing work for the City. Sansing explained
that, just because there is one bidder does not mean that the bid offerings were not sent out. Berryman
noted that there were 5 or 6 vendors that opted for no bid. Motion by Berryman, second by Sansing to
award the contract. Approved 7-0
6. Consideration and possible action regarding a resolution authorizing the denial of Atmos Energy
Corporation's Mid -Tex Division's ("Atmos Mid -Tex") gas reliability infrastructure program adjustments
for calendar year 2006; authorizing participation in a coalition of cities known as Atmos Texas Municipalities
("ATM"); authorizing the hiring of lawyers and rate experts; authorizing the city's participation to the full
extent permitted by law at the Railroad Commission of Texas in GUD docket Nos. 9734 and 9726; requiring
the reimbursement of municipal rate case expenses -- Patricia E. Carls, City Attorney
Carts explained the item and said that this has come on the recommendation of Council who is representing
Georgetown and a group of other cities to deny Atmos Mid Tex's GRIP (Gas Reliability Infrastructure
Program) filing. She added that the rest of the information is set forth on the cover sheet along with the
Resolution. Mayor asked and Carls clarified that, along with the denial of the GRIP, the Resolution includes
the hiring of lawyers and rate experts as well as the participation in the Road Commission Docket
throughout the entire proceeding, if necessary. Motion by Eason, second by Oliver to approve the
resolution. Approved 7-0
T Second Readings
1. Second Reading of an Ordinance repealing and replacing Section 13.04.180 of the City Code of
Ordinances relating to "Rates and Charges --Solid Waste Disposal --Schedule" — Kathy Ragsdale, Utility
Office Manager and Micki Rundell, Director of Finance and Administration
This item was pulled from the agenda.
2. Second Reading of an Ordinance relating to the classifications and number of positions (Strength of
Force) for all City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas
Local Government Code pertaining to Civil Service -- Kevin Russell, Human Resources Director and Paul
Brandenburg, City Manager
Russell read only the caption of the ordinance after having satisfied the requirements of the City Charter.
He explained that they had a mid -year adjustment to the budget where they brought forth a Fire Fighter
position that was originally going to be filled in October. He said that, because they brought the position
into the current fiscal year, it is necessary to amend the Strength of Force Ordinance to list the exact
number of positions, as required by Chapter 143 of the Texas Local Government Code. Motion by
Berryman, second by Eason to approve Ordinance 2007-41, Approved 7-0
U Public Bearing and First Reading of Ordinances for 1) a Comprehensive Plan Amendment to change the
Future Land Use designation from Residential to Office/Service for 0.727 acres in the Nicholas Porter Survey,
Abstract 497, and 2) a Rezoning from the RS, Residential Single -Family district to the OF, Office district for
Lots 11 and 12 in the Williams Addition, Block 1, and the 0.727 acres out of the Nicholas Porter Survey,
Abstract No. 497, located at 1633 Williams Drive -- Valerie Kreger, Planner III and Bobby Ray, AICP, Director of
Planning and Development
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Kreger described the ordinances and said that the the tract involved is three separate parcels combined into
one tract. She said that there has been a house at the location for years, but that the applicant is looking into
redeveloping the property into offices. Kreger went on to explain that the front portion of the tract is identified as
office service on the Future Land Use map, and therefore supports the office type development proposed. She
said, however, that the back 0.727 acres is still residential, and the applicant is requesting a Comprehensive
Plan Amendment to change the Future Land Use designation of that property to office service. Kreger added
that the change is consistent with most of the surrounding properties and that the Planning and Zoning
Commission recommended approval of the request. She said the property is part of the Williams Drive Overlay
District and there are additional standards in place to ensure the compatibility with residential properties to the
rear of the property. Kreger read only the captions of both ordinances after having satisfied the requirements of
the City Charter.
The Public Hearing was opened at 6:46pm.
Speaker, Kerry Russell, told Council that he and his partner, Art Rodriguez, took an option on the property with
the hopes of converting the house into an office space, but the house was in such a condition that it wasn't
feasable to do so. Russell said that he contacted John Gavurnik to see if he could put together a plan that
would meet all of the City standards, preserve the maximum amount of trees, and still make it economically
viable to convert the property to an office space. He went on to say that the staff has been very supportive of
this change. He stated that the Planning and Zoning Commission supported this change and he asked that
Council support this decision as well.
Speaker, Ercel Brashear, greeted Council and said that they have marketed this property for close to a year,
and that this is the first viable offer that has come forward that can utilize the entire tract. He said that he feels
that the proposal will be a plus for the area and that it fits in with what the City is looking for on Williams Drive.
He concluded by saying that he encourages Council's support and that he asks them to approve the application.
The Public Hearing was closed at 6:49pm.
Motion by Snell, second by Oliver to approve the Comprehensive Plan Amendment Ordinance on first reading.
Approved 7-0
Motion by Berryman, second by Sattler to approve the Rezoning Ordinance on first reading. Approved 7-0
The meeting was adjourned at 06:50 PM.
Gr NelonC- '
ity Secretary'
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CouncilCity • Minutes/ (a
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