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HomeMy WebLinkAboutMIN 04.10.2007 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: Patty Eason, Gabe Sansing, Doug Smith, Henry All Council present Carr, Pat Berryman, Farley Snell, 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 Secrtary; Micki Rundell, Director of Finance and Administration; Bobby Ray, Planning Director; Glenn Dishong, Water Services Manager; Jordan Maddox, Planner I; Mark Thomas, Economic Development Directors; Leticia Zavala, Controller 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 - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - 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) B Sec 551.072: Deliberations about Real Property - Consideration and possible action concerning the acquisition of a 0.382 acre utility easement from the Grapski and Wyly Trusts in connection with Project Lone Star Electric Service -- Terri Calhoun, Paralegal and Jim Briggs, Assistant City Manager for Utility Operations - Consideration and possible action concerning the acquisition of a 0.835 acre utility easement from Clearwater Crossing Limited Partnership, LLP in connection with Project Lone Star Electric Service. -- Jim Briggs, Assistant City Manager for Utility Operations, and Terri Calhoun, Paralegal 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.) C Call to Order The meeting was called to order at 6:01 p.m. City Council Meeting Minutes/April 10, 2007 Page 1 of 6 Pages E Comments from the dais - Welcome to Audience and Opening Comments - Review of procedure for addressing the City Council Mayor Nelon acknowledged two Boy Scouts in the audience. Mayor Nelon welcomed the audience and reviewed the procedure for addressing the City Council. F Announcements and Comments from City Manager -The City will hold elections for City Council seats for Districts 3 and 7 on May 12, 2007, for the purpose of electing a Councilmember from City Single -Member Districts 3 and 7. All registered Georgetown citizens who live in City Council Single -Member Districts 3 and 7 may vote during Early Voting, which begins on Monday, April 30, 2007. The last day to vote early is Thursday, May 8, 2007.For more information regarding times and locations for early voting, please go to our website at www.georgetown.org or contact the City Secretary at 930-3651 for more information. - The 2007 Red Poppy Festival will take place on Saturday and Sunday, April 28th -29th in Historic Downtown Georgetown. Bring your family to enjoy the weekend festivities, including a parade, an American Muscle Car Show, Arts & Crafts booths, a children's area, lots of good food, and plenty of live musical entertainment. G Public Wishing to Address Council - Jonas Miller, Deputy Chief of Staff to U. S. District 31 Congressman John Carter, regarding Community Gathering at Ft. Hood on May 30 Miller spoke about the Community Leaders Day to be held on May 30 at Ft. Hood. - Sandra Taylor of Pedernales Electric regarding update of PEC activities in Georgetown area. Taylor told Council that she was delivering a franchise fee check in the amount of $18,218.70 for the billing period of December 22 to March 27, 2007. She noted that PEC had 1256 meters in Georgetown in 2006 and paid the City of Georgetown $64,503.76 in franchise fees. She said there is a new tool on the PEC website regarding home energy management. She noted that all PEC personnel are trained in CPR and first aid. - Keith Peshak regarding report into the investigation of the 'recent drowning' death. Peshak gave his opinion of the recent fast water rescue incident. H Action from Executive Session Motion by Smith, second by Carr that the City Council authorize the acquisition of a 0.382 acre utility easement from the Grapski and Wyly Trusts in connection with Project Lone Star Electric Service and payment of the consideration stated in the Council packet for executive session last night. 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. Consideration and possible action to approve the minutes of the Special Council Workshop on Monday, March 19, the Regular Council Workshop on Monday, March 26, and the Regular Council Meeting on Tuesday, March 275 2007 -- Sandra D. Lee, City Secretary J Consideration of an award of the annual bid for janitorial supplies to various bidders in the estimated amount of type of request as previously on February 27 for the use of letter of credit $29,862.00 — Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration K Consideration and possible action regarding a "Multiparty Agreement by and between the City of Georgetown, HB Longhorn Junction Phase Ili, L.P., Citicorp North America, Inc., and National Bank of Arizona, N.A." relating to use of letter of credit proceeds, with certain revisions to the documents approved on February 27, 2007 — Patricia E. Carls, City Attorney (pulled by the Mayor to the Regular Agenda) Motion by Carr, second by Oliver to approve the Consent Agenda in its entirety. Approved 7-0. 1=0=0 , � 0 1•. Council will individually consider and possibly take action on any or all of the following items: K Consideration and possible action regarding a "Multiparty Agreement by and between the City of Georgetown, HB Longhorn Junction Phase III, L.P., Citicorp North America, Inc., and National Bank of Arizona, N.A." relating to use of letter of credit proceeds, with certain revisions to the documents approved on February 27, 2007 — Patricia E. Carls, City Attorney (pulled by the Mayor to the Regular Agenda for discussion) Carls explained that this is the same type of request as previously on February 27 for the use of letter of credit proceeds. She said Longhorn asked for further revisions, so amendments were made. She said there will be a City Council Meeting Minutes/April 10, 2007 Page 2 of 6 Pages meeting next Tuesday regaruing the easements. Carls indicated that the two issues are separate. Nelon asked Briggs if the timeline on the easements is critical. Briggs said work is proceeding aggressively, but probably another two weeks would not be critical. Caris explained that the time crunch on Item K is the applicant's, not the City's. Smith suggested pulling Item K until the issue on the easement is settled. Applicant, Gregory Hall, said the easement and the agreement are unrelated. He said he felt all of the easements were approved previously, and said this easement issue is new to them. He said he felt that at the time of closing proper allowances had been made for all required easements. He said this easement was just requested and he hasn't seen anything about why it is needed. He said he has assured the City that everyone needed will be at the meeting on Tuesday to deal with the easement. He said, regarding the Agreement, during the negotiation with Ciitbank it was necessary for him to put up twice the money than was necessary to build the road. He said he has put in $1,850,000 to do the deal, beyond the revenues of the land. He said they have earned the right to participate in this deal, saying they also posted bond for over $600,000. He said with this agreement he is asking to allow the $500,000 to be pulled out. Snell asked and Carls said the public improvement in Item K is the road, but the public improvements in the plat are the offsite electric line from the substation to the project. Snell said he thinks these are separate issues and wonders why they are joined together. Smith said his logic was so the City doesn't get "hung up on the easement," saying if the parties agree in advance of the easement, there will be no negotiating room. Snell confirmed that the easement is not in the MultiParty Agreement, and he said he doesn't see any reason to hold up the agreement. Motion by Snell, second by Sansing to approve the Multiparty Agreement. Motion by Oliver, second by Carr to amend that the agreement be contingent on approval of the easement. Motion to amend was denied 4 -3 (Carr, Snell, Berryman, and Sansing opposed) dote on the original motion: Approved 64. (Oliver opposed) L Consideration and possible action to approve a resolution regarding the creation of an approximately 545 -acre Municipal Utility District to be known as the 3 B & J Municipal Utility District located partially within the City's extraterritorial jurisdiction (ETJ) and to direct staff to begin the process of releasing the portion of the property that is currently within the ETJ — Tom Yantis, Assistant City Manager Yantis distributed a handout, Exhibit B, unavailable at the time the agenda packet was assembled. He said this is a request from the landowner, Bill Benton, to have the City consent to the creation of a MUD. Yantis said originally it was thought that all of the area was outside the City's extra -territorial jurisdiction (ETJ); but, during the annexations at the end of 2006, the ETJ was pushed out to clip the southeastern corner of the MUD. Yantis told Council staff recommends that Council not oppose the MUD and release that small piece of property from the City of Georgetown ETJ. Motion by Sansing, second by Oliver to release the property and consent to the creation of the MUD. Smith asked for clarification of the designation of the ETJ and city limits. Snell confirmed that the City has no land use control in the ETJ but has some development controls. Carr was concerned about an intersection that might be split between the two jurisdictions. Carr asked about the drainage into the City water supply, and asked what governs the waste disposal inside the 3B & J MUD. Yantis said the Texas Commission on Environmental Quality (TCEQ) governs, and there is City criteria that says it must be approved by Brazos River Authority (BRA). Speaker, Bill Sattler, asked what kind of impact that MUD would have on the wastewater for a piece of property possibly owned by the school district at the corner of Reagan Boulevard; and said the school district has been dealing with Chisholm Trail Special Utility District about the location of a third high school. Briggs said he believes the MUD will serve only those 545 acres through a CCN, but could be approached by another entity through BRA. Carls read from the handout to say that BRA has the authority to make decisions regarding wastewater provision. M Consideration and possible action to approve the City's participation in an Advance Funding Agreement with the Texas Department of Transportation in the amount of $2,500,000 for construction of the 1-35 at Lakeway Drive project -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs explained the item, saying in 1985 this project was a part of the Tax Increment Financing Plan for the Georgetown Transportation Enhancement Corporation and was funded. He said this original agreement had the provision that any overages would be the responsibility of the local entity. He said the City's approach is to City Council Meeting Minutes/April 10, 2007 Page 3 of 6 Pages provide a fixed amount, so there was language added to apply for a fixed-price funding agreement, saying the City will be responsible for $6.5 million. Motion by Snell, second by Oliver to approve the City's participation. Approved 7-0. H Discussion and possible action to approve a Resolution to engage the services of the Central Texas Regional Mobility Authority (CTRMA) to conduct a mobility and feasibility analysis and study of the entire Southwest Bypass from East Highway 29 to West Highway 29 -- Paul E. Brandenburg, City Manager Brandenburg explained the item, saying this is a formal document regarding a previous discussion. Motion by Sansing, second by Berryman to approve the engagement of CTRMA. Brandenburg said it will be their task to count the number of cars, trips, and vehicle usage on the proposed bypass and look at other methods of funding. Eason asked and Brandenburg noted the cost to the City will be zero. Approved 7-0. d Consideration and possible action regarding a proposed boundary agreement between the City of Liberty Hill and the City of Georgetown -- Tom Yantis, Assistant City Manager Yantis explained discussion has been underway for well over a year to establish an agreed-upon boundary as the City has already accomplished with the cities of Round Rock and Weir. He said, in 2005, Liberty Hill sent a letter to all landowners within their school district requesting them to become a part of the Liberty Hill ETJ, which caused overlapping because Georgetown was annexing and creating ETJ. He gave Council a background of the discussions and the decisions to be made. There was discussion regarding the boundary at Crosscreek Ranch Road. Sansing asked if it would be possible to take the first 500 feet on the west side of Crosscreek Ranch Road, but Yantis said that would cause problems for the property owners because it is complicated to have a development in two jurisdictions. He said the property owner of the Pinnacle Development is proposing a road improvement district to build Crosscreek Road as part of their agreement with the City of Liberty Hill. Speaker, Glenn Pierce, said he owns the property at the corner of SH29 West and Crosscreek, and told Council he "signed up" three years ago with Liberty Hill. He said there are eight property owner letters "signed up" with Liberty Hill. He said he feels his problem with this issue is that he is among 17 property owners that were excluded from discussion about this issue. He said he has received no letter or notification, and the property owners he has talked to prefer to remain in the Liberty Hill ETJ. Speaker, Charles Henderson, said he has been in contact with the property owners and almost all of them have signed letters or have desired to sign letters with Liberty Hill, except for one five -acre tract. He said Cimarron is providing water and BRA will probably provide wastewater, saying the City doesn't supply anything. Smith questioned the supply of water to the Lively Tract. He was told that the City is providing water to the Lively Tract and they will petition to voluntarily enter the Georgetown ETJ. Snell asked why the City wants to control Crosscreek Road and SH29. Yantis replied because of economic development at that intersection; in order to have consistent development agreements on both sides of an arterial; and because of public safety jurisdiction difficulties. Eason asked about the supply of utilities. Briggs said Georgetown will provide wastewater through expansion of Cimarron Hills, but water will be provided by Chisholm Trail Special Utility District. He said Georgetown currently provides wastewater to Cimarron Hills. He said, based on the agreement on regional wastewater, if the boundary goes to the red line, properties west of Crosscreek Road would be on the Georgetown wastewater system through Cimarron Hills or across the road through the Lively Tract into the San Gabriel Basin. Yantis said to the property owners that tonight's action is in no way official other than to direct staff to go speak to Liberty Hill. He said at that time, any process of extending the boundary lines would require notification to the property owners, saying there are still opportunities to be involved in the process. Berryman asked for clarification regarding Pinnacle Group, and confirmed that Council's action on this item is not to prevent further discussion regarding the position of the boundary line. A Mr. Chandler was recognized in the audience. He said Crosscreek Ranch Road was supposed to be an improved road but has not been accepted by the County. He said they put up with dust because it becomes the construction entrance to Cimarron Hills. Yantis discussed the proposed boundary lines to the north and Carr's suggestion that the City control the intersection at FM2338 and Reagan Blvd. It was discussed that if Wunch's development is annexed, the ETJ would be pushed out further and would include the intersection. Motion by Carr, second by Smith to direct staff to investigate a method to ensure control of the intersection of Williams Drive and Reagan Blvd. this year or as soon as possible thereafter, including annexation, if necessary. Approved 7-0. Motion by Smith, second by Sansing to approve direction to staff. Snell asked about comparing this agreement and the agreement with Round Rock, and asked for an opinion on whether the agreement would trump the two-mile limit. Smith said he thinks it is unfortunate that the property owners north City Council Meeting Minutes/April 10, 2007 Page 4 of 6 Pages of the Lively Tract were not `notified of our discussions with Liberty Hill. Vote on the motion: Approved 7-0. P Second Reading of an Ordinance for a Comprehensive Plan Amendment and consideration and possible action to approve a Development Agreement and Offsite utility Construction and Cost Reimbursement Agreement between the City and Oaks at San Gabriel, L.L.C., related to the development of 397.4 acres in the 1. Donagan and A.H. Porter Surveys, formerly known as the Rothell Tracts, located at 5280 Hwy 29 West, to be known as the Oaks at San Gabriel — Jordan Maddox, Planner 1; Glenn Dishong, Water Services Director; and Tom Yantis, Assistant City Manager Maddox said this item is actually three items, saying the Comprehensive Plan Amendment is requested for 873 single-family residential units. He read the caption only of the ordinance on second reading. He told Council the development agreement includes 2.5 acres for a fire station, and a public improvement district as a financing agreement for certain pieces of the infrastructure, and the construction of a wastewater treatment plant. There were questions and comments from the Council. Carls noted language has been added to the agreements to say the Public Improvement District will not be issuing debt. Motion by Sansing, second by Carr to approve all of the agreements and Ordinance 2007-22. Approved 7-0. Q First Readings 1. First reading of an ordinance releasing special assessment liens established in 1922, by ordinance recorded in Volume 6, Page 415 of the Official Records of Williamson County, Texas -- Patricia E. Carls, Brown & Carls, LLP, City Attorney Carls read only the caption of the agreement after having satisfied the requirements of the City Charter. Motion by Oliver, second by Berryman to approve on first reading. Approved 7-0. (corrected by City Secretary Sandra Lee at 5-8-07 Council Meeting) 2. First and only reading of an ordinance issuing the 2007 General Obligation bonds for the Recreation Center Expansion -- Micki Rundell, Director of Finance and Administration Rundell introduced Gary Kimball of First Southwest Company who distributed copies of information regarding the bonds the City would issue at this meeting. He explained the proposed transactions. Nelon thanked the staff and Gary Kimball for their preparation and presentations at the recent successful bond -rating meetings. Rundell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Smith to approve Ordinance 2007-24 on first and final reading. Approved 7-0. 3. First and only reading of an ordinance authorizing the 2007 Certificates of Obligation (CO) bond issue -- Micki Rundell, Director of Finance and Administration Rundell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Smith to approve Ordinance 2007-25 on first and final reading. Approved 7-0. 4. First and only reading of an ordinance issuing the 2007 Series utility Revenue and Refunding Bonds -- Micki Rundell, Director of Finance and Administration Rundell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Carr to approve Ordinance 2007-26 on first and final reading. Approved 7-0. R Consideration and possible action to approve a resolution of the Georgetown Transportation Enhancement Corporation (GTEC) with respect to the issuance of senior lien Sales Tax Revenue Bonds, Series 2007, confirming and amending a sales tax remittance agreement and debt administration project contract and other matters related to the issuance of the bonds -- Micki Rundell, Director of Finance and Administration Rundell told Council this resolution ratifies the sale of the GTEC bonds. Motion by Sansing, second by Oliver to approve the resolution. Berryman said this will enable the City to have a truck bypass. She said many people have served on the GTEC for the last five years to try to get this arranged, and she thanked the councilmembers who have served on the board. Carr said staff did a great job of packaging this, but he also wanted to thank the people who are spending their disposable income in Georgetown. Vote on the motion: Approved 7-0. City Council Meeting Minutes/April 10, 2007 Page 5 of 6 Pages Instruments -- Micki Rundeli,'Oirector of Finance and Administration Mayor Nelon recused himself and Mayor Pro Tem Smith conducted this item. Smith asked Rundell to explain the item. She explained that five years ago the City allowed Reedholm Instruments to participate in a funding agreement through the Texas Capital Fund whereby the City was a conduit for funds for the construction of their building. She said staff is asking that Council approve the extension. Smith asked and Carls and Rundell noted the company was required to provide a specific number of jobs, and report directly to the State. Rundell assured Council the City has no risk. Motion by Sansing, second by Carr to approve the extension. Approved 7-0. T Consideration and possible action to spend $5,000 from the Council Contingency Fund to update and make ready the City of Georgetown Red Poppy Float -- Gabe Sansing, Councilmember District 2 Sansing said he had asked the Convention and Visitors Bueau staff about the float that the City used to put in parades, but found out that it needs some renovations. Motion by Sansing, second by Snell to spend $5,000 from Council Contingency to renovate the City of Georgetown float. Brandenburg said he had cut this out of the budget in the past, thinking the $5,000 could be better spent promoting the City through advertisements. Vote on the motion: Approved 5-2 (Smith and Carr opposed) U Consideration and possible action to appoint Allison Dolan -Hanna to the Library Board to fill a vacancy that expires in February, 2008, due to a resignation -- Mayor Gary Nelon Motion by Carr, second by Berryman to approve the appointment. Approved 7-0. The meeting was adjourned at 08:10 PM. City Council Meeting Minutes/April 10, 2007 Page 6 of 6 Pages Attest: Secretary Sandra Lee STATE OF TEXAS ) COUNTY OF WILLIAMSON Meeting Date 14 11D 11 Agent in No. business entity, or have an ownership of 10% or more of the fair market value of the business entity. $2,500 or more. CONFLICT OF INTEREST AFFIDAVIT reside at ..t.. > I am a member of the b LA rd tw I L.V. (City Council or name of City board, committee or commission)of the City of Georgetown, and I hereby make this affidavit and on my oath state the following 64 I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. "I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable). A. "Substantial Interest" I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity. I or a person related to me in the first or second degree have an ownership of $15,000 or more of the fair market value of the business entity. property with a fair market I or a person related to the in the first or second degree received funds from the business entity in excess of 10% of my/his/her gross income for the previous year. I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. B. "Economic Interest" I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. C 66Other" b S For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason) ;�i "Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation, discussion and voting involving the matter identified in the above -referenced agenda item whatsoever. Further, Affiant sayeth not." Affiant's Signature: Printed Name: , BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN TO AND SUBSCRIBED before me on this ? day of R IL SANDRA D. LEE MY COMMISSION EXPIRES January 3, 2010 otary Public in and for the County of Williamson 2001 of Texas THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING. IF AFFIANT HAS CHECKED ANY OF THE ]ITEMS UNDER SECTION "A" RELATING TO "SUBSTANTIAL INTEREST," A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARY FOR THE CITY OF GEORGETOWN. Conflict of Interest Affidavit Rev. 8/25/2004