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HomeMy WebLinkAboutMIN 09.26.2006 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 Secretary; Micki Rundell, Director of Finance and Administration; Leticia Zavala, Accounting Manager; Marsha Iwers, Purchasing Manager; Keith Hutchinson, Public Information Officer; Mike Mayben, Energy Services Manager; Mark Miller, Transportation Services Manager; David Morgan, Police Chief; Kevin Russell, Human Resources Director; Bobby Ray, Planning and Development Director; Ed Polasek, Principal Long -Range Planner; Melissa McCollum, Planner II; Rebecca Rowe, Planner II; Eric Lashley, Library Director; Randy Morrow, Director of Community Services; Jordan Maddox, Planner I; Anthony Lincoln, Fire Chief 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 - Evaluation of the LCRA Wholesale Power Contract -- Jim Briggs, Assistant City Manager for Utility Operations -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 - Application by MUD 19 for a Sewer Utility Certificate of Convenience and Necessity - Stanford v. City of Georgetown , Cause No. 06-634-C26, filed in the 26th Judicial District of Williamson County, Texas B Sec.551.086 Competitive Matters - Consideration and possible action for extension of the contract between McCord Engineering, and Georgetown Utility Systems, to provide engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion (due to development), and system mapping. -- Michael W. Mayben, Energy Services Manager, Jim Briggs, Assistant City Manager for Utility Operations C See 551.072 a Deliberations about Real Property - Consideration and possible action concerning land acquisition for the Main Street Water Quality Pond 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, City Council Meeting Minutes/September 26, 2006 Page 1 of 14 Pages Texas Government Code Chapter 551.) D Call to Order Mayor Nelon called the meeting to order at 6:00 p.m. 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 reviewed the procedures for the Council Meeting. - Announcement of vacancy for the Downtown Business Owner position on the Main Street Advisory Board Mayor Nelon announced the vacancy. - Proclamation for Down's Syndrome Awareness Month in October Mayor Nelon read and presented the proclamation to Mrs. Jullee Mapes and her daughter, Madison. G Announcements and Comments from City Manager Brandenburg made the following announcements: - The Community Breakfast Meeting will be at the Georgetown Municipal Complex, San Gabriel Room on Friday, October 13 at 7:30am. This is an open meeting and the public is welcome to attend. The topics will be: Election for the'/4 cent sales tax for Road Maintenance; GISD Facilities Plan; Bond Election for Williamson County Roads and Parks; and City of Georgetown Comprehensive Plan Update process. If attending, please use the entrance on the East Side of the Building. The front door will not be open until 8:00 a.m. - With renovations to be completed early next year, Parks and Recreation will begin accepting reservations for the Georgetown Community Center on Monday, October 2, 2006. Community Center reservations may be made for dates after March 1, 2007. For complete fees, regulations, and uses, please contact the Parks and Recreation Administration office at (512) 930-3595. H Public Wishing to Address Council As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. Action from Executive Session Motion by Smith, second by Carr that the City Council authorize the Mayor to sign the contract with McCord Engineering relating to the planning, design, and review of the City's electric system improvements, system construction, system expansion, and system mapping. Approved 7-0. Motion by Smith, second by Eason that the City staff be authorized to negotiate an agreement with 4FT Trust to relocate City's wastewater line in the two-year timeframe specified in the City's current GIP; and to further authorize the staff to re -bid the construction contract for the downtown water quality pond, if agreement cannot be reached within thirty days. Sansing asked for clarification and Yantis responded that this motion will allow the staff to do the Capital Improvement Project on the adopted schedule and come back to Council for additional action, if necessary. 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 Meeting on Tuesday, September 12, 2006 -- Sandra D. Lee, City Secretary Smith noted that the minutes of September 12, on page 8, should reflect that on the second amendment, Smith was opposed, not Oliver. K Consideration and possible action to approve a funding request for an in-kind donation from Parents for Pride City Council Meeting Minutes/September 26, 2006 Page 2 of 14 Pages for Project Graduation -- Paul Brandenburg, City Manager L Consideration and possible action to approve a Professional Services Agreement between the City of Georgetown and Combs Consulting Group L.P., for Fiber Optic Cable System Engineering and Technical Services -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations M Consideration and possible action to approve the sale of surplus electric equipment to Alamo Transformer Supply of San Antonio, Texas -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration N Consideration and possible action to award the annual bid for concrete and grout to Transit Mix in the estimated amount of $25,500 -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration O Consideration and possible action to approve the declaration of surplus equipment and authorizing staff to negotiate and execute a contract for auctioneering services -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration P Consideration and possible action to approve the purchase of a bid tracking software license from IonWave of Springfield, Missouri in the amount of $35,000 -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration Q Consideration for the approval of the purchase of scanning and archiving services from DAT Solutions L.P. through the State of Texas Catalog Information Systems Vendor (CISV) contracts in an amount not to exceed $40,000.00 -- Tom Benz - Engineering Services Manager and Jim Briggs, Assistant City Manager for Utility Operations R Consideration of a resolution granting a petition and setting public hearing dates for the voluntary annexation into the City for 115.83 acres, more of less, in the William Addison Survey and Woodruff Stubblefield Survey, located north of CR 104 at the intersection of SH 130, for Presbyterian Cemetery Farm -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Motion by Snell, second by Berryman to approve the Consent Agenda with the correction to minutes. Approved 7-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: S Presentation of the Main Street Program Mural," Discover Georgetown All Over Again," and recognition of the artists and Kelly -Moore Paints by the Main Street Advisory Board -- Gordon Baker, Main Street Advisory Board Chair; Shelly Hargrove, Tourism Director and Main Street Manager and Randy Morrow, Director of Community Services Main Street Board Chair Gordon Baker commended Sarah Jane Blankenship for designing the mural, and heading up the project. Blankenship thanked all of the volunteers. She and the Mayor presented certificates to Manager Bob Harrison from Kelly -Moore Paints, Charles Aguillon for the Georgetown High School Art Club, Xan Koonce, Anthony Blankenship, Lucas Adams, Rhonda Dest, Sharon Graves, Byron Vargo, Sue Hains, Gordon Baker, Hollis Baker, Kari Kreigel, Betsy Lidgey, Shelly Hargrove, and Anne Shelton. T Consideration and possible action to designate "Up the Chisholm Trail' as a City Council -sponsored event -- Gordon Baker, Main Street Advisory Board Chair; Shelly Hargrove, Tourism Director and Main Street Manager and Randy Morrow, Director of Community Services Gordon Baker spoke about the event and asked the Council to consider this as a city -sponsored event to be organized and run by the Williamson County Historical Museum. He noted that this event was an educational tool and allowed the downtown vendors to display their wares. He introduced Chris Dyer, Director of the Museum. Dyer said the crowd counters estimated 3000 visitors. He said they want to keep this as an educational event that brings tourists to Georgetown. Brandenburg listed the events that are currently being sponsored by the City. He said the City provides police, fire, garbage, and utilities to each of those city -sponsored events. Brandenburg said having the downtown as a focal point is a good problem to have, but there needs to be a study done on criteria for future events, such as "heads on beds." Snell said he would like City Council Meeting Minutes/September 26, 2006 Page 3 of 14 Pages to see quantification of costs. Motion by Oliver, second by Berryman to endorse "Up the Chisholm Trail" as a city -sponsored event. Sansing asked if it could be teamed up with another event. Dyer agreed that there is consideration for combining it with the rodeo. Approved 7-0. U Consideration of approval for the purchase of modular furniture for the new City library from Rockford Furniture of Austin, Texas through the State of Texas Purchasing Contract and U.S. Communities Cooperative Purchasing Program in the amount of $158,586.00 -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Lashley explained the item, saying the purchase is for cubicles, as selected by staff and interior designer, PBS&J, because they are durable and aesthetic. Snell asked and Rundell said this item is dependent on the approval of the second reading of the budget. Motion by Sansing, second by Eason to approve the purchase of modular furniture. Approved 7-0. V Consideration of approval for the purchase of shelving, chairs and reference desks for the new City library from Libra -Tech in the estimated amount of $357,000 -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Lashley explained the item, saying this new shelving will work with the current shelving that will be used again. Motion by Snell, second and Randy by Berryman to approve the purchase. Approved 7-0. W Consideration of approval for the purchase of furniture for the new City library from various vendors in the amount of $169,142.70 -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Lashley explained the item, saying this furniture was selected by the interior designer to be compatible with the design of the Library. Motion by Smith, second by Carr to approve the purchase. Approved 7-0. X Consideration and possible action for the award of bid for monument signs to Sign Resource Management in an amount not to exceed $100,000 — Marsha Iwers, Purchasing Manager and Tom Yantis, Assistant City Manager Iwers explained that these bids were originally received in February, and the bid was awarded to Cutting Edge Signs, but they were not able to secure a bond for the bid, so the bid was awarded to the next lowest bidder. Motion by Eason, second by Oliver to approve the award of bid. Eason said she is pleased that this is a Georgetown bidder. Oliver asked, and Yantis explained that there will be eight signs in the overall plan, with three signs in this particular item. Sansing asked and Carls said it is state law that the City require a bond. Yantis noted that the locations for these first three signs will be: South Austin Avenue at Inner Loop, SH29 East at Inner Loop, and SH29 West at Inner Loop. Vote on the motion: Approved 6-1. (Sansing opposed) Y Resolution regarding proposal by the Texas Department of Transportation ("TxDOT") to install a new single access point from the new southbound frontage road of IH 35 -South at a point north of FM 2243 (Leander Road); to close and eliminate the existing private access point on FM 2243 (Leander Road); and to require the donation of a portion of an existing private road known locally as "Southfork Drive" or "Page House Drive" to the City as a public road; making findings related to said proposal; and establishing an effective date -- Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item, saying the resolution is requested by TXDOT. He said the difficulty is the location of the access road being so close to the frontage road and the intersection with Leander Road. He said the new access road will be done simultaneously with the construction project in that area. Snell asked who pays for moving the waterline. Miller said the property owners will pay to lower the two Round Rock water lines. Motion by Carr, second by Smith to approve the resolution. Approved 7-0. Mayor asked how the frontage road from SH29 will connect through the intersection of SH29 and what is currently now the west side southbound frontage road. System Engineering Manager, Tom Benz, explained that the old frontage road will disappear and the exit for Leander Road will go under the bridge. Vote on the motion: Approved 7-0. Z Consideration and possible action on a Preliminary Plat for 87.36 acres, being part of the C. Joyner Survey, C.B. Mayhall Survey, and the John Sutherland Survey, being a Resubdivision of Calder Subdivision, Lot 1, and a Resubdivision of Estates of Westlake, Lot 53, to be known as the Estates of Westlake, Phase 6A & 662 located on CR 262 at Highland Springs, with waivers to the Unified Development Code — Carla J. Benton, Planner II and Bobby Ray, AICP, Director of Planning and Development Services Benton explained the item, saying Parks and Recreation recommends payment of fees in lieu of parkland City Council Meeting Minutes/September 26, 2006 Page 4 of 14 Pages dedication and this will be the first time under the Unified Development Code. She said a waiver is requested to allow a 90 degree bend in San Marino Street wihout providing a minimum 180 foot centerline radius curve. She said Staff recommends denial of the waiver and their denial is supported by the City and County engineers. She said the Planning and Zoning Commission recommended approval of the preliminary plat with denial of the waiver based on safety issues, with one commissioner voting in opposition because he is opposed to the waiver of fees in lieu of parkland. Snell said he thinks the City takes a lot of fees in lieu of parkland dedication, and said he thinks playgrounds are more important than parkland. He asked about the standard for how the dedication fees are calculated. Randy Morrow responded the fees go into a zone, and as it grows, they hope to have a larger park where everyone in the area can go. He said also there is a lot of travel time for maintenance of several smaller parks instead of one larger one. Nelon asked and Morrow acknowleged that they receive fees for parkland in the ETJ, as well, but the park is not built until the area is annexed into the City. There was further discussion by the Council. Sansing said he thinks there should be Homeowners' Associations in every new subdivision that is annexed, and they should maintain the parks. Motion by Snell and second by Smith to approve the Planning and Zoning Commission's recommendation to approve the preliminary plat but oppose the waiver. Approved 7-0. AA Consideration and possible action to award the bid for landscape maintenance of Georgetown Village to SunGrow Landscape Services in the estimated amount of $85,000 -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration Iwers explained the item, saying this will be for one year with optional renewal of one-year periods. She said the City is responsible for the care of three parks within the subdivision. Motion by Smith, second by Sansing to approve the award of bid. Approved 7-0. BB Consideration and possible action to extend the Mandatory Construction Deadline for the Microfusion Land Motion Lease at 302 Wright Brothers Drive, to October GEDCO 31, 2006 -- Councilmember Gabe Approved Sansing Sansing said there have been problems with a shortage of materials, so he would request an extension of the deadline. Snell said he thought this should go through the Airport Advisory Board. McLain noted that the original extension was done prior to the Council action directing extensions to the Airport Board. Motion by Carr, second by Berryman to approve the extension. Approved 7-0. CC Consideration and possible action to approve a resolution to approve the proposed 2006/07 Budget for the Georgetown Economic Development Corporation (GEDCO) -- Micki Rundell, Director of Finance and Administration Rundell explained the item, saying GEDCO receives 1/8 of a cent of sales tax to fund economic development projects. Motion by Sansing, second by Oliver to approve the GEDCO budget, Approved 7-0. DD Public Hearing to consider the creation of the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ) -- Tom Yantis, Assistant City Manager Yantis noted this is the establishment of the TIF financing mechanism for the Williams Drive Gateway area. He listed the reasons for creating the financing including: additional surface and structure parking; reconfiguration of on -street parking; landcaping of existing parking lots; pedestrian amenities such as benches, bike racks, trash cans and lighting; construction of new city/county offices; additional small public parks; public art along sidewalks; and others. He said an ordinance would be brought forward to initiate this zone. The Public Hearing was opened at 6:58 p.m. There were no comments. The Public Hearing was closed at 6:58 p.m. At this time, Nelon noted that Brandenburg asked that the following items be brought forward so the budget item could be handled before the remainder of the items that are dependent on the vote on the budget. GG Second Readings 2. Second reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 2006, and ending September 30, 2007; adopting the Annual Amendment to the Century Plan -- Micki Rundell, Director Finance & Administration Rundell noted that at the last meeting there was an adjustment made to what was brought forward. She noted the all -fund summary attached to the ordinance was revised to coincide with the change in the tax rate. She said there is a difference of $236,000. She said the City Manager has provided various options City Council Meeting Minutes/September 26, 2006 Page 5 of 14 Pages for the Council to consider which lower the appropriations to $154,249,792. She said a tax rate of 35.728 was approved on first reading and is being brought forward tonight. There was discussion as to the method to handle the adoption of the budget. (Note: The City Manager provided a memo to the Council as an attachment to Agenda Item GG -1, with various options for reducing various line items in the budget in order to increase the public safety personnel salaries without increasing the tax rate.) Nelon noted that the speakers had signed up to speak to GG -1, and he asked the speakers if they would like to speak now or wait until Item GG -1. Each speaker determined that they were ready to speak now. Speaker, Joseph Carpenter, told Council he served in the Army and he wants Council to remember that he has the right to speak. He said his taxes are going up by 13.3%. He questioned whether the City needs 26 more employees. He said he's never heard about a merit bonus program for city employees. He said he has tremendous respect for public safety personnel because he lived three miles from the World Trade Center. He asked Council to pass the 35.728 tax rate. Speaker, Byron Raney, said he is a member of the Sun City Board of Directors. He said he and his wife enjoy Georgetown. He said he sees that our property tax rate is the lowest in Central Texas. He said managed growth is good for the economy and the workers and provides an increasing tax base. He noted the different kinds of revenue to the City. He said he wished to hold the tax rate on property as low as possible. He asked Council to keep the previously approved rate of 35.728. Speaker, Helen Jackson, said she was speaking, in part, to Sansing's newspaper editorial. She said she had suggested ideas on September 12 for trimming the budget. She listed the items in the budget that she doesn't approve. She said it would be a shame if a 2 -cent tax rate tonight resulted in the defeat of the renewal of the 1/4 cent sales tax increase on the ballot in November. Sansing asked Jackson to share the items she had suggested at the meeting on the 12th. From the audience, she restated her suggestions to remove the dog park, merit bonuses, and the 92.5% increase in salaries for public safety personnel. Oliver said he believes an expanding population demands expanding expectations for city services. He said he thought he could come up with $238,000, rounded up to $240,000 by looking at two areas. He said he feels it is important to increase road maintenance over time, but in this budget, he would like to reduce that amount to $125,000, and take $150,000 from that toward the amount that is needed. Motion by Oliver, second by Carr to use City Manager Option 1, but spend only $125,000 for road maintenance and take $150,000 out of that budget; and then take $90,000 from public safety salaries to end up at 94% of the Round Rock salaries rather than 95%. Motion by Smith, second by Snell to amend to not cut street maintenance. There was discussion. Approved 4-3 (Carr, Oliver, and Berryman opposed) Motion by Snell, second by Eason to amend to restore the public safety salaries at 95% of Round Rock. Approved 5-2. (Carr and Oliver opposed) Motion by Sansing, second by Berryman to amend to take the City Manager's budget plus the $236,000; and from that, take part of Option 3, and postpone the hiring of the housing coordinator and the general capital projects coordinator. Carr asked Brandenburg to recommend his suggestion of those four options. Brandenburg said the street maintenance would probably be the least "painful." Motion by Carr, second by Berryman to amend to take the $90,000 out of Option 4. Sansing withdrew his motion. Motion by Smith, second by Berryman to amend to remove the housing coordinator. Approved 4-3 (Eason, Oliver and Snell opposed) Motion by Carr, second by Berryman to cut Item G under Option 3, the Planner III position for $76,577. Sansing said the planning department is understaffed. Motion Failed: 5-2 (Eason, Smith, Oliver, Snell and Sansing opposed) Smtih asked about the dog park, and it was determined that it is a one-time expense, and therefore doesn't qualify for the tax rate. It was clarified that the new total appropriation is $154,565,876.00, as of the last motion failing. City Council Meeting Minutes/September 26, 2006 Page 6 of 14 Pages Motion by Berryman, second by Carr to amend by taking out Item D, the emergency equipment for $5,000; Item E, the fire mobile records management system for $4,680; Item F, the Recreation Center Specialist for $20,625, all from Option 3; and in Option 4, reduce tree maintenance by $10,000; and transportation planning by $14,000 and takeout $100,000 from street maintenance. Motion Failed: 5-2 (Eason, Smith, Oliver, Snell and Sansing opposed) Vote on the orignal motion as amended: Failed: 4-3 (Berryman, Oliver, Carr and Eason opposed) Motion by Snell, second by Eason to approve the City Manager's original budget of $154,485,792.00 and to increase the Genera Fund allocation to $28,158,378.00. Motion by Berryman, second by Carr to amend to remove the housing coordinator, transportation planning, the recreation specialist, fire mobile records management system, and emergency equipment for a total of $122,951. Motion Failed: 4-3 (Eason, Smith, Oliver, Snell opposed) Snell asked to move the previous question. Vote on the motion: Ordinance 2006-85 Approved 5-2 (Carr and Berryman opposed) GG1. Second reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 2006 -- Micki Rundell, Director Finance & Administration Rundell noted that the original tax rate was 36.728 which was the City Manager's proposed tax rate plus the additional penny that went toward public safety; but that was lowered to 35.728 at the last meeting. Rundell noted that the interest and sinking will still be the same regardless of which rate is adopted, which means that the tax rate that supports the approved budget is 36.728 of which 14.729 is interest and sinking and the operations and maintenance amount that funds the General Fund is 21.979. Motion by Smith, second by Eason that property taxes be increased by the adoption of a tax rate of $0.357-28 *$0.36728 of which $0.21979 will be for Maintenance and Operations and $0.14749 for Interest and Sinking. Ordinance 2006-84 Approved 5 m2 (Berryman and Carr opposed) %as corrected by Councilmember Smith at the Council Meeting on October 10, 2006) 8:32 p.m. -- recessed 8:44 p.m. -- returned to Open Session GG3. Second reading of an ordinance amending Section 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Director, Finance & Administration Rundell noted that this ordinance is required by the Charter and that the only change this year was to move the sanitation program from Finance to Utilities. She read only the caption on second reading. Motion by Oliver, second by Sansing to approve Ordinance 2006-86. Approved 7-0. GG4. Second 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, Human Resources Director and Paul Brandenburg, City Manager Russell explained that this ordinance is done each year as required by the Texas Local Government Code. He read only the caption of the ordinance on second reading. Motion by Sansing, second by Eason to approve Ordinance 2006-87, Approved 7-0, EE Contracts and Agreements 1. Consideration of approval of a resolution authorizing Social Service funding agreements between the City of Georgetown and Assistance League of Georgetown Area; Bluebonnet Trails Community MHMR Center -PRIDE Early Childhood Intervention; Capital Area Rural Transportation System; Faith in Action Caregivers -Georgetown; Family Eldercare, Inc.; Georgetown Community Service Center dba The Caring Place; Georgetown Community Service Center dba The Caring Place -Home Repair Program; The Georgetown Project; Habitat for Humanity for Greater Georgetown, TX; Literacy Council of Williamson County; Lone Star Circle of Care; Senior Center at Stonehaven; Williamson -Burnet County Opportunities Inc.; and Williamson County Crisis Center, and for these agencies and organizations to continue to provide services for the citizens of Georgetown -- Paul E. Brandenburg, City Manager City Council Meeting Minutes/September 26, 2006 Page 7 of 14 Pages Motion by Carr, second by Smith to approve the Social Service funding agreements. Approved 7-0. 2. Consideration of approval of a resolution authorizing a funding agreement between the City of Georgetown and the Williamson County and Cities Health District for this agency to continue to provide services for the citizens of Georgetown -- Paul E. Brandenburg, City Manager Motion by Smith, second by Snell to increase the Health District to $1.75 per capita, a 10 -cent increase. Smith said he is sympathethic with Brandenburg about getting other cities on board; however, he is impressed by Lettie Lee's comments about the difficulty in retaining nurses. He said by giving some increase, the City indicates an understanding of their problem; saying this additional $12,000 is to come from the current year Council Contingency. Snell asked for a friendly amendment to stay with the current formula and add money to that rather than raise the per capita. Carls said the contract already includes a lump sum. Smith agreed to the friendly amendment. Oliver suggested another friendly amendment that the Council state that they support the manager's request that other cities get involved; and Council would consider a supplemental request. Brandenburg said in his meeting with the other cities, he volunteered along with the other city managers to recruit the cities that are receiving service but not contributing, such as Hutto and Liberty Hill. There was discussion. Vote on the motion as friendly amended: Approved 5-2. (Carr and Berryman opposed) 3. Consideration of approval of a resolution authorizing Children's and Youth Program funding agreements between the City of Georgetown and The Georgetown Project; the Clements Boys and Girls Club -- Stonehaven Unit, and Georgetown Partners in Education, and for these agencies and organizations to provide services for the citizens of Georgetown -- Paul E. Brandenburg, City Manager Brandenburg presented the item. Motion by Snell, second by Carr to approve the Children's and Youth Program funding agreements. Approved 7-0. 4. Consideration and possible action to approve a resolution to authorize a lease agreement with Williamson -Burnet County Opportunities, Inc. (WBCO), to operate the Madella Hilliard Neighborhood Center -- Paul E. Brandenburg, City Manager Motion by Sansing, second by Berryman to approve the lease agreement with WBCO. Approved 7-0. 5. Consideration and possible action to approve fiscal year 2006/07 annual support services and contract renewals for Information Technology vendors providing services and support to the City of Georgetown -- Dennis Schoenborn, Information Technology Director and Tom Yantis, Assistant City Manager Schoenborn presented the item. Motion by Carr, second by Eason to approve the annual support services and contract renewals. Approved 7-0. 6. Consideration and possible action to authorize the Mayor to execute a contract with Matthew & Company for the purpose of video taping City Council Meetings -- Paul E. Brandenburg, City Manager Brandenburg presented the item. Motion by Eason, second by Carr to approve. Approved 7-0, 7. Discussion and possible action regarding contract for Municipal Court prosecutor services -- Patricia E. Carls, City Attorney Carls presented the item, noting that the prosecutor services are outsourced to Lucas Wilson, the same as last year. Motion by Carr, second by Eason to approve the contract. Approved 7-0. 8. Consideration and possible action to approve an interlocal operating contract between the City of Georgetown and Georgetown Economic Development Corporation (GEDCO) for the 2006/07 fiscal year -- Micki Rundell, Director of Finance and Administration Rundell presented the item, saying the amount is the same as last year, $3,000 per month. Motion by Snell, second by Carr to approve the contract. Approved 7-0. 9. Consideration and possible action to approve an interlocal operating contract between the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the 2006/07 fiscal City Council Meeting Minutes/September 26, 2006 Page 8 of 14 Pages year -- Micki Rundell, Director of Finance and Administration Rundell noted that the amount is $12,100 per month, the same as last year. Motion by Smith, second by Berryman to approve the contract. Approved 7-0. FF Items Forwarded from the Georgetown Utility Systems (GUS) Board 1. Consideration and possible action to approve the annual contract with Lower Colorado River Authority (LCRA) for the purchase of electric distribution and transmission materials for FY 2006/2007 from Techline in accordance with the LCRA Electric Material Acquisition Program -- Mike Mayben, Energy Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Mayben said the cost is escalating due to the increase in the cost of steel. He said this was approved by the GUS Board. Motion by Smith, second by Eason to approve the contract. Approved 7-0. 2. Consideration and possible action for the award of bid for electrical wire to Techline, Ltd. and Texas Electric Cooperative in the estimated amount of $1,350,000.00 -- Mike Mayben, Energy Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Mayben explained that this is a one-year period with option to renew for an additional five one-year periods. He said the wire will be used as needed by electric staff and the contractor for new projects and maintenance. He said an advantage from this supplier is that the wire is in pre -determined lengths on reels so there is no waste. He told Council this item received unanimous approval at the GUS Board. Smith said this way there is no need for the City to store copper wire that attracts theives. Motion by Smith, second by Eason to approve the award of bid. Approved 7-0. 3. Consideration and possible action to award the contract for the 2006 Sidewalk Improvement Project to H. Deck Construction, of Round Rock, and to set a project budget of $95,792.50 -- Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Miller said some of the sidewalks included in this project are for W. 4th Street and MLK Street for access to the new library and the police department. He said the majority of the sidewalks will be put on West 7th Street at the Stonehaven development. He told Council that the GUS Board recommended approval. Motion by Eason, second by Carr to approve the contract. Approved 7-0. 4. Consideration and possible action to award the contract for the 2006 Street Overlay to H. Deck Construction Company, of Round Rock, Texas, and to set a project budget of $1,400,000.00 -- Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Miller said the City received only two bids. Motion by Eason, second by Smith to approve the contract. Approved 7-0. 5. Consideration and possible action to approve the purchase of Bioxide Chemicals from Siemens Water Technologies of Sarasota, Florida, in an amount to exceed $65,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong said this chemical is used in the sewer system and this purchase was approved by the GUS Board. Motion by Berryman, second by Smith to approve the purchase. Approved 7-0. 6. Consideration and possible action to reconcile the existing contract between the City and Operations Management International (OMI) for the management, operation, and maintenance of its water treatment facilities for fiscal year 2005-2006 for an amount not to exceed $56,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong noted that this item is for reconciliation because the budget is based on the projected water use amount but the drought situation caused an increased amount of water to be used, so the contract amount needs to be reconciled. Motion by Sansing, second by Carr to approve the reconciliation of the existing contract. Approved 7-0. 7. Consideration and possible action to amend the contract between the City and Operations Management International (OMI) for the management, operation, and maintenance of its water treatment facilities for fiscal year 2006-2007 and to set an annual operating budget of $1,155,531.00 -- Glenn Dishong, Water City Council Meeting Minutes/September 26, 2006 Page 9 of 14 Pages Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong said this is a new contract amendment for this fiscal year. He said the base, volume, and maintenance have been adjusted for the recent filter problems and increased service levels. Motion by Berryman, second by Eason to approve the contract. Sansing asked for the difference between this year and last, and was told by Dishong that there is a $250,000 increase due to increased maintenance costs on the filters. Vote on the motion: Approved 7-0. 8. Consideration and possible action to amend the contract between the City and Brazos River Authority (BRA) for the management, operation, and maintenance of its wastewater treatment facilities for fiscal year 2006-2007 and to set an annual operating budget of $1,133,820.75 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong said this is the normal annual contract amendment. Motion by Smith, second by Eason to approve the contract. Approved 7-0. 9. Consideration and possible action to approve the transfer of 2.36 MGD of plant capacity in accordance with the Water Service, Water Rights, and Facility Ownership Contract between the City of Georgetown and Chisholm Trail Special Utility District relating to the Lake Water Treatment Plant -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong noted that this transfer is in accordance with the contract with Chisholm Trail Special Utility District. He said this transfer amount is the final and last call for the plant and is the maximum allowed by the contract. Motion by Snell, second by Berryman to approve the transfer. Snell asked about the effect of this transfer on the value of the treatment plant and on the City's bond rating. Rundell said it actually is revenue that will be received and is amortized over a period of time, so it will have a net effect. Sansing said he wished this was a contract the City had never entered into and wants to get that on record. Approved 6m1. (Sansing opposed) 10. Consideration and possible action of award of the City's annual Water and Wastewater Pipe & Fittings, Bid No. 26039, for $152,963.00 to various bidders -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained that this is the annual bid for parts for the water/wastewater system. He said the parts will be purchased as needed. Motion by Eason, second by Smith to approve the award. Approved 6-0. (Snell absent from the dais) 11. Consideration and possible action to renew the contract with H. Deck Construction Company, of Round Rock Texas for the Water Main Repair & Water Service & Valve Replacement for an amount not to exceed $250,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong said this was actually bid in April to help level the work load and performance of the water utilities, and it adds a contract crew to keep up with leaks. He said in this contract was the provision to be extended for two years, and this is the first extension. Oliver asked and Dishong explained that this is an estimated budget amount. Motion by Eason, second by Berryman to approve the contract. Approved 7-0. 12. Discussion and possible action on issues regarding the City's solid waste disposal contract -- Jim Briggs, Assistant City Manager for Utility Operations Briggs said staff took this plan to the GUS Board last week, and there are a number of questions regarding this arrangement. He said the basis of the contract goes back to the 1990's, saying this contract was orginated in 1998. With a slide presentation, he reviewed the current services, saying he would like to involve the public in determining service levels to ensure that the contract meets community needs and expectations. He said staff would like to create focus groups to determine the desired levels of service, conservation, and recycling. He said staff is asking to extend the current contract until March, 2007, at which time, changes would be considered. Motion by Carr, second by Smith to take the GUS Board recommendation to go forward with this plan, considering all options. Sansing asked if the contract would be put out for bid again, and Briggs said at this point, this is a negotiation and continuation of the contract with TDS, which was already approved by the Council. There were questions and comments from the Council. Berryman asked and Briggs said the intent initially was for five years under the current contract, and stated that this is the current collection contract and current collection station, separate from the City Council Meeting Minutes/September 26, 2006 Page 10 of 14 Pages proposed major recycling center. There was further discussion. Motion by Sansing, second by Berryman, to amend that if this contract is renewed, it is not to exceed one year. Snell clarified that the purpose of doing the study is to be able to lay the groundwork for revisiting what we're paying for. He said there should be a vote on the length of contract prior to approving the new contract. Sansing asked when the contract is up. Carls said part of the current contract provides that the City may continue on a month-to-month basis. There was further discussion. Sansing withdrew his motion. Carr asked to give Briggs the maximum flexibility to do the study and come back to Council within the next fiscal year. There was further discussion. Snell suggested to determine in 90 days whether to stay with TDS or put the contract out to bid. Nelon suggested putting an item on the next agenda. Vote on the motion: Approved 7-0. GG Second Readings 1. Second reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 2006 -- Micki Rundell, Director Finance & Administration This item was handled earlier in the agenda following Item DD. 2. Second reading of an ordinance adopting an Annual Operating Pian Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 2006, and ending September 30, 2007; adopting the Annual Amendment to the Century Plan -- Micki Rundell, Director Finance & Administration This item was handled earlier in the agenda following Item DD. 3. Second reading of an ordinance amending Section 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Director, Finance & Administration This item was handled earlier in the agenda following Item DD. 4. Second 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, Human Resources Director and Paul Brandenburg, City Manager This item was handled earlier in the agenda following Item DD. 5. Second reading of an ordinance denying the rate increase proposed by the ATMOS Energy Corporation, Mid -Tex Division; requiring the reimbursement of municipal rate case expenses; finding that the meeting complies with the Open Meetings Act; and making other findings and provisions related to the subject -- Jim Briggs, Assistant City Manager for Utility Operations and Trish Carls, City Attorney Briggs read only the caption on second reading. Motion by Smith, second by Carr to approve Ordinance 2006-88. Approved 6-0. (Snell absent from the dais.) 6. Second Reading of an ordinance repealing and replacing Chapter 13.10 of the City of Georgetown Code of Ordinances relating to "Utility System Improvements" -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong read only the caption of the ordinance on second reading. Motion by Carr, second by Smith to approve Ordinance 2006-89, Approved 7-0. 7. Second Reading of an ordinance repealing and replacing Chapter 13.20 of the city of Georgetown Code of Ordinances relating to "Sewage Disposal" -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong read only the caption of the ordinance on second reading. He noted that this is a complete rewrite of the sewer ordinance to be consistent with changes in the UDC and the sewer policy. Motion by Smith, second by Eason to approve Ordinance 2006-90, Approved 7-0. 8. Second reading of an ordinance amending Chapter 13 ("Infrastructure and Public Improvements") of the Unified Development Code (UDC) pertaining to the Creation of Special Districts and Utility Infrastructure in Rural Residential Subdivisions -- Tom Yantis, Assistant City Manager Yantis read only the caption of the ordinance on second reading. Motion by Snell, second by Eason to City Council Meeting Minutes/September 26, 2006 Page 11 of 14 Pages approve Ordinance 2006-91. Sansing asked and Yantis explained that this is the MUD policy that was discussed in workshop earlier where the property owner would petition the City for a MUD, and this ordinance establishes the criteria to be considered. Vote on the motion: Approved 7-0. 9, Second Reading of an Ordinance Amending Section 15.04.045 of the Code of Ordinances to revise the Development Process Fees for Planning and Zoning -- 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 Berryman to approve Ordinance 2006-92, Approved 7-0. 10. Second Reading of an Ordinance Annexing into the City 145.5779 acres, more or less, in the Joseph Fish Survey and William Roberts Survey, located south of Shell Road, for Georgetown Village, Section Nine -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek read only the caption of the ordinance on second reading. Motion by Eason, second by Oliver to approve Ordinance 2006-93. Approved 7-0. 11. Second Reading of an Ordinance Annexing into the City 1.28 acres, more or less, in the Joseph Fish Survey, William B. Lord Survey and William Roberts Survey, located north of Shell Road, for Georgetown Village, Section Six revised -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek read only the caption of the ordinance on second reading. Lotion by Carr, second by Eason to approve Ordinance 2006-94, Approved 7-0. 12. Second Reading of an Ordinance Annexing into the City 10.158 acres, more of less, in the Williams Addison Survey, Abstract No. 21, located southeast of FM 1460 and Georgetown Inner Loop, for the remainder of the Avery Tract -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek read only the caption of the ordinance on second reading. Motion by Eason, second by Berryman to approve Ordinance 2006-95. Approved 7-0. 13, Second Reading of an Ordinance Annexing into the City 66.737 acres, more of less, in the Williams Addison Survey, Abstract No. 21, located southeast of FM 1460 and Georgetown Inner Loop, for the remainder of the Moore Tract -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek read only the caption of the ordinance on second reading. Motion by Eason, second by Berryman to approve Ordinance 2006-96. Approved 7-0. HH Public Hearings/First Readings 1. First Reading of an ordinance amending Title 8, Health and Safety, Chapter 8.16 Noise Control, of the Georgetown Municipal Code; prohibiting noises disturbing to reasonable persons; establishing a permit requirement for certain noises; setting permissible decibel levels; establishing penalties of not less than $100.00 nor more than $2000 per violation -- David Morgan, Chief of Police and Paul E. Brandenburg, City Manager Morgan read only the caption of the ordinance on first reading after satisfying the requirements of the City Charter. Smith asked if the police officer will be able to get a reading on a decible meter that can be taken to court to get a conviction. Morgan said that is what is happening now using the state standards. Oliver said "emergency situation" is not included in the definitions. Carls said she would look into that. Speaker, Les Best, owner of the Page House on Leander Road, said he has a noise meter, and the traffic and construction noise near the Page House is in violation, whether he has music playing or not. He said his business is to hold outdoor weddings. He asked if the Council is voting on the levels as they are or whether they will be voting on the consideration for setting new levels. Morgan said that the ordinance explains that the officer will check the background noise first and fall back to the reasonable sensibility situation. Brandenburg also added that there could be permits obtained for the City Council Meeting Minutes/September 26, 2006 Page 12 of 14 Pages music. Best questioned and was told that he would need a separate permit for each individual event. Brandenburg said he would get him a copy of the ordinance. Nelon told him he still has time to make comments between now and the second reading. Smith asked and Morgan explained that background noise could be deducted from the total level, depending on the type of noise. Sansinig said he takes exception to an ordinance that requires a business that holds outside events on a regular basis to get a permit for each event. Brandenburg explained that the business is a non -conforming use for that location. Motion by Eason, second by Oliver to approve the ordinance on first reading. Approved 6-1. (Sansing opposed) 2. First Reading of an ordinance to amend Chapter 10.04 and add new section 10.04.045 of the Code of Ordinances of the City of Georgetown pertaining to riding of bicycles, velocipedes, mopeds and similar vehicles to establish restrictions on the unauthorized use and operation of motor assisted scooters and mopeds, provide definitions, and establishing parental liability for child's unlawful use and operation of motor assisted scooters and mopeds — David Morgan, Police Chief Morgan read only the caption of the ordinance on first reading after satisfying the requirements of the City Charter. Nelon asked for clarification regarding motor -assisted bicycles on the hike and bike trail. Morgan confirmed that motorized vehicles are prohibited on the trail with this ordinance. Carls clarified that, according to state law, the City paths are not restricted exclusively to the use of bicycles. Eason stated she is in favor of electric bicycles for commuting, so Carls said she would check state law regarding electric bicycles. There were further questions and comments. Carls said she and Morgan will do some clarification in the ordinance for second reading. Motion by Sansing, second by Berryman to approve the ordinance on first reading. Approved 5-2. (Carr and Eason opposed) 5. First Reading of an Ordinance Comprehensive Plan Amendment to change the Intensity Level from Levels 2, 3 and 5 to Level 4 for 52 acres; and to change the Future Land Use from Residential to Office/Retail/Commercial for a section of the 52 Acres in the John Berry Survey, located between Inner Loop and SH 130 at 1800 FM 971 -- Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services Maddox read only the caption of the ordinance on first reading after satisfying the requirements of the City Charter. He explained the request of the applicant. Speaker, Don Tardy, applicant, showed Council the proposed use and layout of the subject property. Snell asked for clarification. Maddox said that the plan for the property requires Intensity Level 4. Motion by Carr, second by Smith to approve the ordinance on first reading. Approved 7-0. 3. Public Hearing and First Reading of an Ordinance Rezoning from AG, Agricultural district to C-3, General Commercial, TH, Townhouse district, and MF, Multifamily district for the 52 Acres in the John Berry Survey, located between inner Loop and SH 130 at 1800 FM 971 -- Jennifer Bills, Planner I and Bobby Ray, AICP, Directory of Planning and Development Services Bills explained the property is currently zoned AG because that was the default zoning when it was platted. She said people are concerned about the proximity to Forbes Middle School, but the school district didn't see a problem, and there is a large drainage ditch in between. She said that the Planning and Zoning Commission recommends rezoning. The Public Hearing was opened at 10:22 p.m. There were no comments. The Public Hearing was closed at 10:22 p.m. Bills read only the caption of the ordinance on first reading after satisfying the requirements of the City Charter. Motion by Carr, second by Smith to approve the ordinance on first reading. Approved 7-0, 4. Public Hearing and First Reading of an Ordinance Rezoning from RS, Residential Single Family district to MU -DT, Mixed Use Downtown district for a 0.4133 acre part of Lost Addition part of Block 68, located at 407 W. University -- Rebecca Rowe, Historic District Planner and Bobby Ray, AICP, Director of Planning and Development Services Rowe explained the item, saying it is currently zoned as single-family residential but the surrounding City Council Meeting Minutes/September 26, 2006 Page 13 of 14 Pages properties are zoned RS, OF, C1 and PUD. She said the request is in keeping with the commercial uses along West University Avene and the Future Land Use Plan. The Public Hearing was opened at 10:25 p.m. There were no comments. The Public Hearing was closed at 10:25 p.m. Rowe read only the caption of the ordinance on first reading after satisfying the requirements of the City Charter. Motion by Berryman, second by Carr to approve the ordinance on first reading. Approved 7-0. 6. Public Hearing and First Reading of an Ordinance Rezoning from AG, Agricultural district to PUD, Planned Unit Development for 32.968 acres in the Frederick Foy Survey, Abstract #229, to be known as the Planned Unit Development of Sun City PUD, Neighborhood Fifty -Three, located approximately 1 1/2 mile west of the intersection of Sun City Blvd and Cool Springs Way on Pedernales Falls Drive -- Melissa McCollum, AICD, Planner II and Bobby Ray, AICP, Director of Planning and Development Services McCollum told Council this property will contain 92 single-family detached family units. She said staff and the Planning and Zoning Commission recommend approval. The Public Hearing was opened at 10:27 p.m. There were no comments. The Public Hearing was closed at 10:27 p.m. McCollum read only the caption of the ordinance on first reading after satisfying the requirements of the City Charter. Motion by Berryman, second by Eason to approve the ordinance on first reading. Approved 7-0. 11 Consideration and possible action to appoint Councilmember Pat Berryman as the City of Georgetown Representative to the Capital Area Planning Council of Governments (CAPCOG) -- Mayor Gary Nelon Nelon explained the item. Motion by Snell, second by Carr to approve the appointment. Approved 7-0. 10:28 p.m. -- adjourned The meeting was adjourned at 10:28 PM. City Council Meeting Minutes/September 26, 2006 Page 14 of 14 Pages Attest: Sandra