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HomeMy WebLinkAboutMIN 07.11.2006 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Presente Council Absent.a 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; Barbara Quirk for City Attorney Patricia E. Carls; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Randy Morrow, Director of Community Services; Kimberly Garrett, Parks and Recreation Director; Bobby Ray, Planning and Development Director; Ed Polasek, Principal Long -Range Planner; Terri Calhoun, Paralegal at Georgetown Utility Systems; Terry Jones, Construction Manager; Tom Benz, Systems Engineering Manager; Mike Mayben, Energy Services Director 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 B Sec.551.087: Deliberations Regarding Economic Development Negotiations Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations. Regular Session • To begin no earlier than 06,00 P (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) C Call to Order Mayor Nelon called the meeting to order at 6:01 p.m. D Pledge of Allegiance Mayor Nelon led the Pledge. E Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon - Review of procedure for addressing the City Council City Council Meeting Minutes/July 11, 2006 Page 1 of 5 Pages Mayor Nelon welcomed the audience and reviewed the procedure for addressing the Council. Announcement of vacancies on Convention and Visitors Bureau Board and Animal Shelter Advisory Board Mayor Nelon announced the vacancies. F Announcements and Comments from City Manager The City of Georgetown along with Williamson County and other area cities and organizations are sponsoring the 2006 Games of Texas, beginning on July 21 through July 30th. Volunteers for the games are still needed. To volunteer or for more information, call (512) 733-7625 or visit www.voirock.org. For more information on the 2006 Games of Texas and various venues, visit the Web site at www.taaf.com/gamesoftexas The Police Department encourages neighbors to get to know one another by holding a block party on National Night Out, an annual night out against crime on August 1. For an application to register a block party for National Night Out and for more information, please go to our web site at georgetown.org. The City of Georgetown is now offering online utility bill payments. Please contact the Utility Billing Office at 930-3640 or visit our website at www.geor.getown.org for more information. Presentation to Council of the National Trail Award -- Randy Morrow, Director of Parks and Recreation Morrow presentd the National Trail Award from the Department of Interior to the City Council. He noted that Georgetown is the only city in Texas to receive this award, and there were only 24 awards nationwide. G 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. H Action from Executive Session There was no action taken from Executive Session on Monday, July 24, 2006. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. Consideration and possible action to approve the minutes of the Council Workshop on Monday, June 26, and the Council Meeting on Tuesday, June 27, 2006 -- Sandra D. Lee, City Secretary Mayor Nelon noted a minor correction to the minutes of June 27, being a change of wording in a motion to change the word, 'ordinance," to "motion." J Consideration of a resolution granting a petition and setting public hearing dates for the voluntary annexation into the City for 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 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner K Consideration of a resolution granting a petition and setting public hearing dates for the voluntary annexation into the City for 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 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner L Consideration and possible action to amend the development agreement with 500 South Austin Avenue L.P. to extend the construction commencement date by an additional three months to October 31, 2006 -- Tom Yantis, Assistant City Manager Smith asked and Yantis explained that the extension is requested because of the timing of project financing. Motion by Sansing, second by Carr to approve. Approved 7-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: M Consideration and possible action to authorize staff to amend Article VII, Construction, paragraph 7.01 City Council Meeting Minutes/July 11, 2006 Page 2 of 5 Pages Mandatory Construction of the long term Airport Ground Lease Agreement as recommended by the Airport Advisory Board and prepared by the City Attorney -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager McLain explained the item. There were questions from the Council regarding needing more definition of what it means to "start" and "end" construction. McLain responded that the start date would be the date of the building permit, and the end date would be the date of the certificate of occupancy. There was discussion regarding liquidated damages if the extension is overrun. Snell questioned the wording involving the liquidated damages. Yantis noted that at the first point in time when the time limit occurs for the first request for an extension, if the Council doesn't choose to initiate liquidated damages, they may not be used later. Nelon asked if there should be an administrative fee instead of liquidated damages per day. Sansing suggested that it should be changed to an administrative fee since it's not costing the City anything and the property will revert to ownership by the City. Snell asked if the lease could be termed as a land -holding vehicle, and said there should be clarification about what happens to the building at the end of the lease. Motion by Snell, second by Sansing to defer action for no more than 60 days. Approved 7-0. N Discussion and direction to staff on the Recreation Center Expansion Project -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance and Administration Rundell told Council she revised the presentation to Council that was made at the workshop on Monday, and added some additional information related to the cost involved with the Recreation Center. She gave a slide presentation that included the additional information, reviewing the reasons for increased costs, and offering options as to how to fund the additional amount. Speaker, Dale Aldrich, representing the Aquadillos, summer swim team, and Aquatics of Georgetown, a year-round swim team, told Council there are 250 registered swimmers in the Aquadillos Program. She said 500 people attend the swim meets, and the Aquatics Program has 100 swimmers year-round. She asked that no funding cuts be made to the indoor pool part of the Recreation Center expansion. She said they rent a pool for four hours a day in the summer plus three home swim meets at 7 hours each. She said the Village is the only competition pool with adequate parking, saying with an adequate indoor pool, they could do a Masters Program and bring other swim meets to Georgetown, bringing in 100's of people from all over Texas. She said the new pool could be the venue for the swimming competition of the Games of Texas, now being held in Dallas, Austin or San Antonio, which would bring in families for overnight stays. Speaker, Joseph Carpenter, said he doesn't like being in this situation. He said he finds it hard to believe that the City could be 30% over budget. He said he believes that the voters approved $10 million. There were questions from the Council. Rundell responded that the model was built with very conservative numbers. She said staff was careful to share with the public that the rate might have been 8.2%. Sansing asked and was told that Croslin has not yet been paid. Rundell noted that staff has encumbered the amount for the original design at 6.5% of $10 million, which includes the plans. He asked if the new project manager position to be filled by the City could handle the construction instead of paying $1 million for construction management of the project. He asked if the City could get someone to do the construction management for a lower amount than PBS & J. Jones noted that the contract has already been signed with PBS & J. Yantis said 6.5% of the project budget is actually pretty low for the architectural/professional services fee. Sansing said sometimes that percentage can be negotiated down on large projects. Yantis agreed that the contract with Satterfield and Pontikus has not been signed yet, so the City could pursue another delivery method. Sansing suggested design/build and do a segment at a time. He said he doesn't wish to cut anything on this project. He said there needs to be a way to make the "whole thing work." Motion by Snell, second by Oliver to instruct staff to proceed expeditiously with this project as presented to the voters in the bond election, with whatever reasonable savings that can be identified that do not threaten the nature of the project, with the idea that any additional monies required would not impact the tax rate beyond the 8 cents that we said to the voters at that time. Carr asked "how to "nail down" a "not to exceed" cost and when that could be done. Yantis explained that the City could bid it out at the point of guaranteed maximum price at 50% construction documents (approximately six months). It was noted that if construction starts in June 2007, that time would be February. Smith said if we do what the community expects, we might go over 8.2 cents and when you go to the bond market, your interest rate will be higher than anticipated, so the impact on the tax rate will be higher than expected. Rundell said she checked with the bond counsel, and there really is a slight difference in the cost, so we're getting a benefit from our AA bond rating. Smith said someone will be disappointed because some of the voters voted on an issue thinking it would include everything that was City Council Meeting Minutes/July 11, 2006 Page 3 of 5 Pages stated, and there were other people who voted and saw a price of $10 million and wouldn't expect a higher figure later. He said he thinks the City needs to go forward with the proejct that was promised or go with the $10 million that voters approved. Snell said what he intended was to get the process rolling immediately and to find out what everything would cost, but he would be happy to withdraw the 8 percent. Carr asked for clarification and Snell said he wants to begin the process as soon as possible to see what the costs will be. Berryman said she thinks this is a lucrative endeavor that will make money for the city as long as we stay with what was promised. Oliver said he believes we need to move forward and we want to keep the essential features of the program and at the same time, reduce costs. Nelon summarized the direction to staff from the motion with the friendly amendment. He said staff has used good initiative in bringing this forward at this time. Carr asked about the financial numbers, and Nelon said the staff will come back with the financial parameters. Yantis said the City is in the middle of the design development phase, and staff is bringing this to Council at this time to determine if a new scope needs to be developed. He confirmed that what he's hearing is Council wants staff to stay with the current scope and bring it back to Council to tell them what it will cost. Brandenburg noted that this is very early in the process and staff has been meeting daily to trim things to get the numbers down in order to give the Council and the community the "heads up." He said the staff wants to be very transparent with the process. Vote on the motion: Approved 6-1. (Carr opposed) O Second Readings 1. Second Reading of an Ordinance of the City Council of the City of Georgetown providing for the abandonment by quitclaim deed of a portion of CR 265; providing for the terms and conditions of such abandonment; providing a conflict and severability clause and establishing an effective date. -- Terri Glasby Calhoun, Paralegal, and Jim Briggs, ACM for Utility Operations Calhoun explained the ordinance and read only the caption of the ordinance on second reading. Motion by Smith, second by Carr to approve Ordinance 2006-58. Approved 7-0. 2. Second Reading of an ordinance ordering the dismissal of ATMOS Energy Corporation, Mid -Tex Division's application for an interim gas reliability infrastructure program adjustment for calendar year 2005 -- Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carls, City Attorney Brandenburg read only the caption of the ordinance on second reading. Motion by Carr, second by Oliver to approve Ordinance 2006-59, Approved 7-0. 3. Second Reading of an Ordinance for a Comprehensive Plan Amendment to modify the Century Plan Overall Transportation Plan related to the Transportation Improvement Plan Process — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Smith, second by Eason to approve Ordinance 2006-60. Approved 7-0. 4. Second Reading of an Ordinance for a Comprehensive Plan Amendment to change the Future Land Use from Business Park to Commercial, Multi Family, Light Industrial and Business Park and to change the Intensity Level from Level 3 to Level 5 for 370.893 acres in the David Wright Survey, also known as the Buie Tract, located east of Airport Road -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Carr to approve Ordinance 2006-61. Snell said he would vote against the ordinance because he was sure it would pass and the plan has everything the Council likes, but he will vote against it because of the residential development within the noise contours of the airport. Approved 5-2. (Snell and Eason opposed) 5. Second Reading of an Ordinance on a voluntary annexation into the City for 370.893 acres, more or less, in the David Wright Survey, Williams Roberts Survey and John Berry Survey, east of Airport Road City Council Meeting Minutes/July 11, 2006 Page 4 of 5 Pages and south and west of Berry Creek, for Buie Ranch -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Snell, second by Sansing to approve Ordinance 2006-62. Approved 7-0. 6. Second Reading of an Ordinance Rezoning approximately 2.91 Acres in the Nicholas Porter Survey, Abstract No. 497, from RS, Residential Single-family District to IN, Industrial District for the property located at 215 Royal Drive -- Bobby Ray, AICP, Director Planning and Development Ray explained the item and read only the caption of the ordinance on second reading. Sansing asked if this would affect the realignment of Northwest Boulevard. Ray said this rezoning will not affect the realignment. Motion by Smith, second by Carr to approve Ordinance 2006-63. Approved 7-0. 7. Second Reading of an Ordinance Rezoning approximately 29.11 Acres in the William Roberts Survey, Abstract 524 from RS, Residential Single-family District with a Planned Unit Development (PUD) Overlay District to RS, Residential Single-family District for Berry Creek, Section 5, Phase 2 -- Bobby Ray, AICP, Director Planning and Development Ray explained the item and read only the caption of the ordinance on second reading. Motion by Smith, second by Oliver to approve Ordinance 2006-64, Approved 7-0. P Appointments 1. Consideration and possible action to appoint Becky Krause to the Building Standards Commission to fill a vacancy that expires in February, 2008 -- Mayor Gary Nelon Nelon noted that this appointment will be for an alternate position. Motion by Smith, second by Carr to approve the appointment. Approved 7-0. 2. Consideration and possible action to appoint the Social Services and Children's and Youth Program Funding Subcommittee to review and make recommendations regarding the funding allocations for FY 2006-07 -- Mayor Gary Nelon Mayor Nelon appointed Councilmembers Smith, Berryman and Eason. Motion by Oliver, second by Snell to approve the appointments. Approved 7-0, 3. Consideration and possible action to appoint a member to the Housing Advisory Board to represent District 1 -- Tom Yantis, Assistant City Manager Yantis suggested that Larkin Tom serve as the respresentative for District 1. Motion by Eason, second by Carr to approve the appointment. Approved 7-0. 4. Consideration and possible action to fill a vacancy on the Animal Services 'Task Force -- Paul E. Brandenburg, City Manager Brandenburg recommended that Kimberly Monger replace Gina Benner as staff representative on the Task Force. Motion by Snell, second by Carr to approve the apppointment. Approved 7-0. The meeting was adjourned at 07:20 PM. .•SE ayor,.'ary Neldn "City Secretary Sandra City Council Meeting Minutes/July 11, 2006 Page 5 of 5 Pages