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HomeMy WebLinkAboutMIN 02.14.2006 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: j1 Council Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry John Kirby Carr, Farley Snell, Ben Oliver Staff Present: — -- - - Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Micki Rundell, Director of Financ and Administration; Anthony Lincoln, Fire Chief; Clay Shell, Assistant Fire Chief; Keith Hutchinson, Publi Information Officer; Shelly Hargrove, Tourism Director and Main Street Manager; Kevin Stofle, Assistant Police Chief; Dennis Schoenborn, Information Technology Director; Bobby Ray, Planning and Development Director; Ed Polasek, Chief Long -Range Planner; Tom Benz, Systems Engineering Manager; Dave Hall, Building Official; Marsha Iwers, Acting Purchasing Director; Laurie Brewer, Controller; Terry Jones, Support Services Director; Mike Mayben, Energy Services Manager; Kimberly Garrett, Assistant Director of Recreation and Programs 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.551.072: Deliberations Regarding Real Property - Consideration and possible action concerning the acquisition of right-of-way and easement(s) in connection with the widening of SH 29 West and CR 265 West Improvements There was no Executive Session held at this meeting. 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 6:00 p.m. City Council Meeting Minutes/February 14, 2006 Page 1 of 11 Pages 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 F Announcements and Comments from City Manager Brandenburg announced that there will be a General Election on May 13, 2006, to elect councilmembers for Districts 1 and 5. He said the last day to file for a position on the ballot is March 13, 2006. Mayor Nelon read a proclamation to honor Dr. Jo Ann Ford. 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 on Monday, February 13, 2006 Motion by Smith, second by Carr that the City Council authorize final resolution of the SH29 and CR265 right-of-way acquisitions from the Trainer tract, based in part on the City's implementation of cure for the Trainer tract, as specified in the landowner's currently -approved revised site plan, to be effected in accordance with all City standards and specifications as approved by the City's Development Engineer, and in part, on monetary compensation, as discussed in the last executive session. Approved 6-0. (Kirby absent) 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, January 9, the regular Council Meeting on Tuesday, January 10, and the Joint Workshop with GISD on January 26, 2006 -- Shirley J. Rinn, Deputy City Secretary and Sandra D. Lee, City Secretary J Consideration and possible action to approve an award of annual bid for pool chemicals to Progressive Commercial Aquatics in the amount of $10,200 and Pool Sure in the amount of $23,772 -- Kimberly Garrett, Assistant Director of Recreation, Randy Morrow, Director of Community Services Question from Eason: Garrett responded that the company is located in Houston. K Consideration and possible action to approve the allocation of $1000 from the Hotel Occupancy Tax (HOT) Fund to the Georgetown Project for hosting an event that brough people to Georgetown for an overnight stay -- Shelly Hargrove, Tourism Director; Kent Huntsman, Chair of the Convention and Visitors Bureau Board; and Randy Morrow, Director of Community Services (pulled by Snell for consideration on Regular Agenda below) L Consideration and possible action to approve an award of bid for police uniforms to Miller Uniforms in the estimated annual amount of $37,642.00 -- Kevin Stofle, Assistant Police Chief and David Morgan, Police Chief Question from Eason: Stofle responded that Miller Uniforms is in Austin. He said there is a requirement in the bid spec that the vendor be 30 miles/minutes from Georgetown. M Consideration and possible action to authorize application for a training grant for $3600.00 from the Texas Commission on Fire Protection to enable Georgetown Fire Department to send personnel to school for continuing fire eduction -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief N Consideration and possible action to approve a resolution revising the current City of Georgetown Investment Policy-- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration City Council Meeting Minutes/February 14, 2006 Page 2 of 11 Pages O Consideration and possible action to approve a resolution amending the City's authorized representatives for the City's investment in the "TexPool" public funds investment pool -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration P Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended December 31, 2005 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration Comment from Snell: sales tax is up 40% over last year due to increase in rate of property tax relief and growth from Wolf Ranch. Snell emphasized the 1/8 cent sales tax relief. Clarification from Sansing: GTEC sales tax is tracked separately. Q Consideration and possible action to approve of the annual payment for maintenance on the 800 MHz radio system to Williamson County in the amount of $32,962.34 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance & Administration R Consideration and possible action for the approval of fees to Kasberg, Patrick & Associates, LP for engineering services for the design of parking lot expansions at Parks Administration and Fire Station 4 in an amount not to exceed $24,500.00 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance & Administration S Consideration and possible action to authorize the renewal of a lease by the Davidson Brothers of +/- 21 acres of the future Mankins Crossing Wastewater Treatment Plant Site for agricultural purposes -- Jim Briggs, Assistant City Manager for Utility Operations Question from Snell: Brandenburg responded that the rate of $10/acre is based on other leases or utility structure fees. Motion by Eason, second by Smith to approve with the exception of Item K, pulled by Snell for consideration on the Regular Agenda. Approved 6-0. (Kirby absent) •M ^ s 4 • • A • . Council will individually consider and possibly take action on any or all of the following items: K Consideration and possible action to approve the allocation of $1000 from the Hotel Occupancy Tax (HOT) Fund to the Georgetown Project for hosting an event that brought people to Georgetown for an overnight stay -- Shelly Hargrove, Tourism Director; Kent Huntsman, Chair of the Convention and Visitors Bureau Board; and Randy Morrow, Director of Community Services Snell questioned and Hargrove responded that the Item 2 category in the Hotel Occupancy Law is for administrative relief. There was discussion regarding whether a non-profit organization should be given HOT funds. Hargrove said it is based on how many people and room nights. Snell said he was "precedent fearful," and asked what if the Southwestern University Brown Symposium asked for assistance? Hargrove said, if it puts "heads in beds," it would be a good project to fund. Nelon said he feels the rules and regulations of the HOT tax are there for a reason, and if, in fact, an organization brings people to Georgetown, and puts heads in beds, he thinks that is permissable. Motion by Eason, second by Oliver to approve the allocation. Smith asked for the criteria. Hargrove responded that the event must enhance the hotel industry and/or needs to fit one of the six categories. Brandenburg noted several future events that will bring people to Georgetown. Approved 4-2. (Snell and Carr opposed) AA Consideration and possible action to approve a resolution expressing official intent to reimburse net costs for the purchase of computer equipment, not to exceed $345,661 with proceeds from bonds that will be issued at a later time -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration Rundell explained the item, saying these computers were programmed into next budget year, but the cost of the equipment was much higher than expected so it was decided to roll the expense forward. She said it was a lease in 2003 that expires in 2006, and the lease has been sold to someone in Michigan, so the City doesn't care to purchase at the high value. She said, when the life of computers is ready to expire, the City City Council Meeting Minutes/February 14, 2006 Page 3 of 11 Pages will sell them to employees as done last year. She said the City is moving from lease to purchase because it is more expeditious to program it into the debt process. Yantis explained leasing was preferred in the past, but this time it will be short-term debt. There were further questions from Council. Motion by Smith, second by Carr to approve. Approved 6-0. (Kirby absent) BB Consideration and possible action to approve the purchase of 293 computers from Gateway in the amount of $360,018 -- Dennis Schoenborn, Information Technology Director and Micki Rundell, Director of Finance & Administration Schoenborn said there was a formal RFP process, and Gateway, Dell and HP Systems responded. He said Gateway came in under Dell. Brandenburg noted that even considering 5% for local, Dell was still higher. Schoenborn said Gateway provides excellent maintenance and service, and that is the reason for extending the lifespan to 4 years on the laptops. Motion by Sansing, second by Carr to approve the purchase. Approved 6-0. (Kirby absent) T Discussion and possible action regarding mutual termination of the Parkland Lease Agreement with the San Gabriel Batting Cages, Inc. and possible agreement for a new lease with the Georgetown Youth Baseball Association (GYBA) -- Paul E. Brandenburg, City Manager Brandenburg explained the item, saying Parks and Recreation does not want to operate or maintain the Batting Cages. He explained that there are new terms and conditions on the new use agreement for the Georgetown Youth Baseball Association (GYBA). He said this is the seventh year of a ten-year term, and he recommenda accepting the termination with the conditions listed in the agenda item cover sheet. There were questions from the Council. Brandenburg said the Batting Cages would come back to the City if this arrangement isn't approved, and the City would need to tear it down because of the need to maintain it and pay insurance. Motion by Sansing, second by Carr to approve the change in the lease arrangement for the San Gabriel Batting Cages. Approved 6-0. (Kirby absent) tJ Consideration and possible action to approve a lease agreement with KPK Ventures for use of the land next to the Berry Creek Tennis Center for a neighborhood park -- Randy Morrow, Director of Community Services (pulled) This item was pulled. V Consideration and possible action to approve Rvi Planning as the architect for the Rock Street Pedestrian Crossing and Trail Connection in an amount not to exceed $60,000 -- Randy Morrow, Director of Community Services Kimberly Garrett explained the item. She said Rvi was chosen to design the pedestrian crossing due to experience with two other crossings on the Georgetown Hike and Bike Trail. She said the funds have been bugeted. Motion by Snell, second by Sansing to approve Rvi Planning as the architect. Approved 6-0. (Kirby absent) W Consideration and possible action for approval of a contract with Cook - Joyce Inc. Engineering to provide site planning and a stormwater management plan and associated applications for the Texas Disposal Systems transfer station and recycling area in an amount not to exceed $80,000.00 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance and Administration Rundell explained the item, saying there are two different contracts, one for $50,000 for drainage issues. She said the transfer station was closed in the late 80's or early 90's because it was not continually maintained as needed. She said dumping has occurred on the site, and in order to get a transfer station there, the City must get a permit modification, which requires compliance with the Texas Commission on Environmental Quality (TCEQ). She said the City needs a stormwater abatement plan and site plan for zoning changes. She said Cook -Joyce, Inc. is working with Texas Disposal Systems (TDS) to design the transfer station. Sansing said he was hopeful that some of the grassy area could be fenced for use by the Animal Shelter. Motion by Snell, second by Sansing to approve the contract. Sansing suggested a friendly amendment to look into using the lower land for dog runs, second by Eason Original motion with amendment. Approved 6-0. (Kirby absent) X Consideration and possible action to approve an annual bid for unleaded gasoline and diesel to Triple S Petroleum Company for the estimated annual amount of $525,000.00 -- Marsha Iwers, Acting Purchasing Director and Micki Rundell, Director of Finance and Administration City Council Meeting Minutes/February 14, 2006 Page 4 of 11 Pages Iwers explained that there will be cooperative efforts between the City of Georgetown and other entities, such as City of Leander. She said Triple S has been satisfactory. She said of the total bid, $280,000 is to be used by Texas Disposal Systems and reimbursed to the City. Sansing asked if GISD would participate. Brandenburg said the County and GISD both opted not to participate. Smith asked and Iwers explained the OPUS Report for the average. Motion by Sansing, second by Eason to approve the annual bid. Carr asked for an explanation about the 11 no -bids. Iwers said the companies wanted to be paid immediately upon delivery instead of in 30 days. Motion approved 6-0. (Kirby absent) Y Consideration and possible action to approve an award of bid for the renovation of the Community Center to B&O Construction, Inc. in the amount of $1,880,045.00 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance & Administration Jones explained the item, saying the architect, 1113 Architects, has worked with users to determine which of the renovations to keep and which ones need to be eliminated because the bid prices were overbudget due to increases in diesel, and materials. He said several items were removed, totalling $75,000. He said it is assumed that construction prices will continue to climb for 18 months before leveling off. He requested that the $75,000 savings be kept in the project budget for unforseen issues, saying sufficient funds are available. He said B & O Construction has received high marks. Motion by Sansing, second by Oliver to approve the award of bid. Sansing asked about the magnolia tree. Tom Nichols of 1113 Architects said they have now made the magnolia tree the centerpoint of an outside plaza. Oliver asked and was told that the "boot" in the stone wall will be repointed and cleaned. Snell asked and Nichols said only one of the 12 items for $75,000 was quality -related, and there is no sacrifice of design intent. Approved 6-0. (Kirby absent) Z Consideration and possible action for the approval of the guaranteed maximum price for construction of the Georgetown Fire Station by Satterfield & Pontikes Construction, Inc. in an amount not to exceed $2,097,425.00 --Terry Jones, Support Services Director and Micki Rundell, Director of Finance & Administration Jones explained the item, saying there is not enough budget to pay the construction costs, but funds have now been earmarked to complete the project with a 5% contingency. He noted that he placed a cost comparison on the dais for the Council. Motion by Snell, second by Eason to approve the guaranteed maximum price. Snell asked and Rundell responded that the City is using $500,000 out of surplus and borrowing $1.5 million and asked when debt service would start. Rundell responded the $1.5 million is to be included in the April 2006 bond issue, and a portion is already recognized in the current tax rate. Approved 6-0. (Kirby absent) AA Consideration and possible action to approve a resolution expressing official intent to reimburse net costs for the purchase of computer equipment, not to exceed $345,661 with proceeds from bonds that will be issued at a later time -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration This item was handled earlier at the beginning of the agenda. BB Consideration and possible action to approve the purchase of 293 computers from Gateway in the amount of $360,018 -- Dennis Schoenborn, Information Technology Director and Micki Rundell, Director of Finance & Administration This item was handled earlier at the beginning of the agenda. CC Discussion and possible action regarding downtown parking -- Tom Yantis, Assistant City Manager Yantis noted that the addition of the Hewlett and Draeger parking lots added 250 parking spaces. He said one parking lot (27 spaces) has been closed for construction of the new library, so there is still a lack of sufficient parking spaces in southwest quadrant of downtown. He said there is a need to have a long-term look at the need for parking. He pointed out that the complaint is that it is difficult to cross Austin Ave. at 9th Street, so people are not using the new spaces, even though the new parking lot is just two blocks away from many businesses. He said it is evident that the City needs to improve acess by improving sidewalks, installing crosswalks, etc. He said most days the lot is 1/3 full. He said the lot at 5th and Austin is completely empty now, but will change as development activities are completed. He said there is no lack of spaces, but there is a lack of good pedestrian access. City Council Meeting Minutes/February 14, 2006 Page 5 of 11 Pages He offered the suggestion of suspension of the 2 -hour parking during construction of the library. He said staff recommends only a limited area (28 spaces) of suspension for short-term only. There were questions and comments from Council. Brandenburg noted that there could be an opportunity in the long-term to consider a small parking garage in the southwest area. Motion by Sansing, second by Snell to direct staff to go ahead and change the parking areas, the 28 spots between Rock and Austin on 8th, take away the two-hour limit and dedicate three spaces on each side of the street to the stained glass place on the north side and the auto parts store on the south side. Snell said the 2 -hour limit would give the two stores the spaces they need without getting into reserving them for those specific businesses. Yantis said he will work with the two business owners. Carr said he thinks part of the problem is that the shop owners and employees are taking the available spots. Yantis said their argument is that the City took away the parking lot where they would park their cars all day. Carr said he hesitates to make the parking complicated to interpret and enforce. Smith said he agreed with Carr. There were other questions from Council Tie vote of 3-3. (Kirby absent)(Nelon voted against) The motion failed 4-3. (Melon, Oliver, Carr and Smith opposed) Nelon said over time, those who have been disadvantaged due to the closing of the parking lot have now found alternative parking, and he said he thinks doing away with the two-hour limit will add an unnecessary complication, he hopes the two-hour limit will stay in place for a long time. He asked that the City better promote the far north parking lot to make sure people know it is available. He expressed difficulty in trying to walk across Austin Avenue at 9th Street. There was more discussion. Yantis agreed that better pedestrian access is needed at that intersection. Yantis commended Robyn Rye, Jess Henderson, and the GIS Department for producing the map of the parking areas that he used to explain this item. DD Consideration and possible action to adopt a Resolution supporting the Texas Department of Transportation's ("TXDOT') renaming of the remaining portions of Business 35 as State Spurs upon completion of the transfer of maintenance and jursidiction of a portion of Business 35 (Austin Avenue) from TxDOT to the City in accordance with Resolution No. 061495-0 -- Thomas R. Benz, Systems Engineering Manager and Jim Briggs, Assistant City Manager for Utility Operations Benz explained the item, saying once the transfer is complete, the roadway will be designated as State Spur, but it won't impact any of the businesses because they can still refer to it as Austin Ave. or Business 35. Motion by Sansing, second by Carr to approve the resolution supporting the renaming. Approved 6-0. (Kirby absent) Nelon asked and Benz said it will be the first part of 2007 for TXDOT to begin the improvements to Austin Avenue. It was determined that it will probably be 2008 before the City will have jurisdiction. He said TXDOT will bring a 90% complete design to the City in March. EE Consideration and possible action for approval for award of bid for three-phase electrical substation transformers to Waukesha Electric Systems, Waukesha, Wisconsin, in the amount of $2,724,123 -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item, saying Delta Star had won the bid, but Delta Star will not be able to provide the performance bond due to business conditions, and therefore withdrew their bid. He said the second low bidder, Kuhlman Electric, could not guarantee delivery for the interconnect with TXU, so the City conducted discussion with the third low bidder, Waukesha Electric, and there were no exceptions taken. He said staff recommends the bid award. He said Kuhlman is experiencing 30% increases due to steel prices. He said the Georgetown Utility System (GUS) Advsory Board recommended approval of the original item, but this change has not gone back to the GUS Board due to time constraints to make the October 2006 timeline. Smith commented on the confusion about the performance bonding difficulties of Delta Star. Motion by Smith, second by Sansing to approve the award of bid. Approved 6-0. (Kirby absent) Mayben noted that he had a meeting with a potential development south of Georgetown at Chandler Road who has agreed for utility provision from Georgetown. Nelon congratulated staff for their negotiations. Mayben thanked Iwers and Brewer for their assistance. FF Discussion and possible action regarding Item A-5 from the December 23, 2005 City Council Agenda relating to an ordinance annexing into the City the area referred to as Area 13-C, regarding the annexation of the remainder of the Liese Tract -- Councilmember Ben Oliver Oliver explained that he originally supported the proposal to annex only the 1001 -foot strip. He said he still supports the 1001 -foot strip but thinks the caveat will constrict the City's ability to annex more of the land if conditions change. Oliver said he proposes to remove Section 5 of the Ordinance where the City would agree not to annex for a certain period of time and where the Lieses agree to annex should they decide to develop. He said this would put them in a position to be like any other land that is contiguous. Motion by Oliver, second by Carr to suspend the rules for reconsideration. Nelon confirmed that five affirmative votes City Council Meeting Minutes/February 14, 2006 Page 6 of 11 Pages are required. Approved 5-0. (Kirby absent)(Sansing opposed) Motion by Oliver, second by Eason #a *to reconsider the ordinance. Approved 5-0. (Kirby absent)(Sansing opposed) Motion by Oliver, second by Eason to direct staff to amend Ordinance 2005-95 to delete Section 5 of the ordinance. Smith said there are a lot of non-voluntary annexations in the future especially on the east side of SH130. He thinks it is the sense of the Council that annexation is needed to be able to control growth. He said he thinks this ordinance, if left in its original form, gives the signal that the Council is willing to make exceptions. Motion by Smith, second by Carr to amend the motion to annex the remainder of the 95-acre tract as was approved in the first reading of the ordinance. Nelon asked Carls to explain whether this larger amount of land would be considered a part of the 2005 annexation amount or 2006. Carls responded that the agenda item was not posted for annexation tonight, so it would not be considered a part of the annexations for 2005. Oliver asked if this would be considered apart of 2006, and confirmed that the proposed annexations for 2006 already exceed the amount allowed by 2000 acres. Smith said this 95 acres would go "into the pot" for annexations in 2006. He said he is more concerned that the present ordinance would establish a precedent. Brandenburg said Council will need to go through the priority procedure as was done in 2005. *as corrected by Farley Snell at the February 28, 2006 Council Meeting. There were further comments and questions. Snell questioned the process of Smith's motion. Carls confirmed that the agreement was prepared and given to the Lieses in January, pertaining to the annexation of the remainder of the property. It was determined that the agreement is no longer valid since it hasn't been executed. Oliver said he will oppose Smith's amendment. He said the development on Booty's Road is already established and looking at the annexation of the remainder of the Liese land would be good, but would not put that land in a priority position for annexation because the City will need to priortize the land near SH130. Carr said he agrees with Smith's amendment and agrees with annexing the property along Booty's Road because of the public safety jurisdiction confusion. When asked to restate the intent of the amendment, Carls confirmed that Council will vote on Smith's amendment for consideration of the remaining Liese property to be put in the "pot" for 2006. Amendment Approved 4-2 (Sansing and Oliver opposed)(Kirby absent) Carls clarified the original motion as amended as to remove Section 5 and add the remainder of the 95 -acre property into the "pot" for 2006. Sansing expressed concern that the City is going back on what they originally said they would do. Vote on original motion as amended. Approved 5-1. (Kirby absent)(Sansing opposed) GG Consideration and possible action to approve the appointment of new members and chair persons to the Council -appointed boards and commissions as well as appointment of members to replace vacancies for unexpired terms on certain boards and commissions -- Mayor Gary Nelon Motion by Carr, second by Eason to approve the list of appointments that was provided to the Council and will be provided in the minutes. Approved 5-0. (Sansing off the dais, Kirby absent) Following is the list of approved appointments: Airport Board - (4 positions + 1 vacancy expiring in 2007) Appoint: Darryl Dressler, John Hopper, Paul Smith, Katherine Woods Appoint: Trey Taparauskas to fill vacancy expiring in 2007 Appoint as Chair: Paul Smith Animal Shelter Advisory Board — (3 positions + 1 vacancy expiring in 2007) Reappoint: Patty Eason, Ken Finn, Dr. Erica Haley Appoint: Keith Fruge to fill vacancy expiring in 2007 Reappoint as Chair: Shawn Gunnin Building Standards Commission - (2 Regulars + 3 Alternates) Reappoint: Stanley Bland as regular and Janet Tribble as alternate Reappoint and elevate Kristopher Kopack from alternate to regular Appoint: Jon Carey, Al Gaskell and Jim Moreland as alternates Reappoint as Chair: Richard Lenning Convention & Visitors Bureau — (6 positions) Reappoint: Holly Bresser Appoint: Nancy Benold, Chris Dyer, Florence Gould, Rob Hardy and Peggy Pryde-Enriquez Appoint as Chair: Rob Hardy City Council Meeting Minutes/February 14, 2006 Page 7 of 11 Pages Economic Development Commission — (6 expiring positions to remain for reorganization) Maintain: Rick Smith as Chair for reorganization Ethics Commission — (4 positions) Reappoint: Joyce Gadison, Jim Nolan, and Fred Sellars Appoint: Laura Denham and Jim Wilson (Chair elected by Commission) Georgetown Housing Authority — (1 position + 1 vacancy expiring in 2007) Reappoint: Emily Northrop Appoint: Laura Bryant to fill vacancy expiring in 2007 (Chair elected by Commission) Georgetown Transportation Enhancement Corporation (GTEC) — (3 positions) Reappoint: John Kirby, Joe Savage and Farley Snell (President is elected by GTEC membership) Georgetown Utility Systetm (GUS) — (3 positions) Reappoint: Doug Smith and Robert Kostka Appoint: Mike Cunningham Reappoint as Chair: Doug Smith Historic and Architectural Review Commission (HARC) — (5 positions) Reappoint: John Chapman, Chris Damon, Beebe Gray, Jim Keys and Mike Sparks Reappoint as Chair: Mike Sparks Library Advisory Board— (5 positions) Reappoint: Patti Jennings Moore Appoint: Ruth Lawrence, Anja Lippincott, John Nett and Marc Parrish Appoint as Chair: Judy Johnston Main Street Advisory Board — (4 positions + 2 vacancies expiring in 2007) Reappoint: Sarah Jane Blankenship, Cindy Locke, Larry McCormick Appoint: Beverly Adam and Dana Wood to vacancies and Terri Brisse as County Rep Reappoint as Chair: Gordon Baker Parks & Recreation Board — (4 positions) Reappoint: Kay Cobb, Bob Mathis, Mark Ramsey and Mike Simpson Reappoint as Chair: Mark Ramsey Planning & Zoning Commission — (6 positions) Reappoint: Harry Gibbs, Marlene McMichael, Will Moore, and Jennifer Shield as regular members Reappoint: Patrick Lawson and Russell Phillips as alternates Reappoint as Chair: Johnny Anderson Zoning Board of Adiustments — (3 positions expiring) Reappoint: Patrick Lawson, Will Moore, Richard Vasquez Elevate: Jim Jarvis and elevate from alternate to regular Appoint: Dale Ross as alternate Reappoint as Chair: Danny Swafford HH Consideration and possible action to approve a resolution to order the General Election of May 13, 2006, to elect a councilmember from each of Districts 1 and 5, and to approve a contract with the Williamson County Elections Administrator to conduct the election -- Sandra D. Lee, City Secretary Carls explained the item and read the caption of the resolution. She noted that there are 54 entities that will be contracting with the Williamson County Elections Administrator and noted that the dates for early voting will be posted. Motion by Carr, second by Eason to approve the resolution to order the election. Carr said there is some confusion regarding a water district in the west asking some of the Sun City residents to vote City Council Meeting Minutes/February 14, 2006 Page 8 of 11 Pages on May 13. He said he spoke to the Williamson County Elections Administrator, Cliff Borofsky, who said our attorney needs to speak to Chisholm's attorney. Approved 6-0. (Kirby absent) 11 Second Readings 1. Second Reading of an Ordinance amending the 2005/06 Annual Operating Plan Element (Budget) to allocate excess funds from the 2005 fiscal year toward capital and other projects -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Rundell read only the caption of the ordinance on second reading. Motion by Eason, second by Sansing to approve Ordinance 2006-10. Approved 6-0. (Kirby absent) Sansing left the dais. 2. Second Reading of an Ordinance Rezoning 6.07 acres in the John Berry Survey from RS, Residential Single -Family to MF, Multifamily Residential for the site known as Chisholm Park, Section One, Phase One, located on County Road 152 -- Bobby Ray, Director of Planning and Development Ray read only the caption of the ordinance on second reading. Motion by Smith, second by Carr to approve Ordinance 2006-11, Approved 5-0. (Kirby and Sansing absent) 3. Second Reading of an Ordinance Rezoning 4 acres in the Nicholas Porter Survey, from RS, Residential Single -Family to OF, Office for the Williamson County Law Enforcement Training Center located at 701 College Street -- Bobby Ray, Director of Planning and Development Ray read only the caption of the ordinance on second reading. Motion by Snell, second by Carr to approve Ordinance 2006-12, Approved 5-0. (Kirby and Sansing absent) 4. Second Reading of an Ordinance accepting approximately 524.332 (+/-) acres of land located in the A. M. Brown Survey, Abstract No. 85; M. Hicks Survey, Abstract No. 287; I. Sauls Survey, Abstract No. 595; B. Manlove Survey, Abstract No. 420; P. Weatherby Survey, Abstract No. 680; 1 & G N Survey, Abstract No. 741; and the J. C. Thaxton Survey, Abstract No. 756; generally located north of FM 2243 and west of the Escalera Subdivision and known locally as the "Ganey Ranch," from the Extraterritorial Jurisdiction of the City of Leander into the Extraterritorial Jurisdiction of the City of Georgetown -- Patricia E. Carls, City Attorney Carls read only the caption of the ordinance on second reading. Motion by Eason, second by Smith to approve Ordinance 2006-13. Approved 5-0. (Kirby and Sansing absent) JJ First Readings 1. First Reading of an Ordinance Annexing into the City 462.88 acres, more or less, in the Frederick Foy Survey, west of Sun City Boulevard, for Sun City Option Tract -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek explained the item and said the public hearings were held and this annexation will be deferred until the last possible opportunity, and not until the development agreement has been signed. He confirmed that if the development agreement has not been approved, the process will start over. Oliver asked and Polasek explained that in order for Del Webb to move forward with the platting and development in a timely manner, the annexation must occur during this timeframe. There were further questions and comments from Council. Snell asked and Brandenburg explained that there will be a Special Workshop on Tuesday, February 28, at 5:00 p.m. prior to the regular meeting to discuss the outstanding issues regarding the Development Agreement. He said the Development Agreement would go to Planning and Zoning on Tuesday, March 7, and then come back to Council for approval on March 28, and at that time Council will see the final agreement, the Concept Plan, the PUD, and the rezoning. He said the Workshop will include the development agreement, the concept plan, connectivity, the TIA and all of those outstanding issues and from that, going to Planning and Zoning, to keep them on course to get this approved. Snell said he is sympathetic to the developer's need to get their schedule going, but this is the Council's only time to look at the Development Agreement, and he said he might have an issue that is not on the list. Brandenburg noted that Council's concerns could be addressed and brought back on March 28. Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Snell, second by Eason to approve the ordinance on first reading and City Council Meeting Minutes/February 14, 2006 Page 9 of 11 Pages that this be finally handled (second reading) at the last meeting in March, (March 28, 2006) or the first meeting in May, (May 9, 2006). Polasek explained that May 9 is the last possible day for Council to approve in order to include this property in the City's 2006 annexations. Carls explained the state regulations regarding timing of the public hearings, and first and second readings. Carls noted that Del Webb has requested approval in March due to their market demands. Snell said he will be absent at both meetings in April. Carr said he is bothered by putting this action on a council schedule rather than allowing the developer to accomplish their marketing schedule. Smith said he agrees with Carr and has a problem with the personal amendment. Motion by Smith, second by Carr to amend to delete the timing that Snell added to the ordinance. Carls said the northern lands are a part of this combination and the City recently received word that they are interested in being in the same timeframe, so the target for the 28th of March assumes that negotiations on the northern lands "piece" will go forward in a timely manner, and Del Webb is aware of this schedule as well. Nelon noted that if the northern lands are included in this discussion, he would need to recuse himself. He asked that the discussion stay with the original posted item and noted that there is a motion to amend to delete the time deadline, so that is what needs to be dealt with. Oliver asked and Snell responded that his motion was to approve the ordinance on first reading subject to a second reading being date certain, and Smith responded that his motion was to delete the date certain. Vote on the amendment: Approved 3-2 (Eason and Snell opposed)(Kirby and Sansing absent) Original motion as amended: Approved 3-2 (Eason and Snell opposed)(Kirby and Sansing absent) Carls said she thinks a vote of four affirmative votes is required, so she went to the Charter to look it up. (See below Item JJ -2 for more action on item JJ -1) 2. First Reading of an Ordinance Annexing into the City 13.95 acres, more or less, in the Lewis J. Dyches Survey, to be known as Pleasant Valley, Section Two -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Carr, second by Smith to approve the annexation on first reading. Approved 5-0. (Kirby and Sansing absent) Carls read from the Charter that legislation requires a vote of not less than a majority of the Council, but doesn't say whether it is of the total number of councilmembers or councilmembers present. She noted that the Council could go through the reconsideration process again on item JJ -1. The following is further action on Item JJ -1: Motion by Smith, second by Carr to reconsider Item JJ -1. Approved 3-2 (Eason and Oliver opposed)(Kirby and Sansing absent) This vote was insufficient because an affirmative vote of five was needed. Nelon stated that because the motion failed, there is no first reading and this area will not be included in the 2006 annexation. It was determined that the ordinance is now rejected and the process will begin again with the two public hearings. etc. Yantis explained that there could be some special meetings called in order to process this in a timely manner. Eason said she doesn't agree that she seconded now that she understands the issue. Yantis explained that the developer's big issue is the need to process the plats, and currently, they are inconsistent with the Concept Plan, so if Council will approve the Concept Plan without relation to annexation, they can continue the Del Webb development process. There was further discussion. Carr asked to try a motion. Smith said he withdraws his amendment. Nelon asked Carls about the need for a vote of five to reconsider. It was determined that there needs to be a majority of the members present. Eason said she wants to make sure that everyone really understands what is going on. Motion by Eason, second by Oliver to suspend the rules. Snell said the reason he is asking this is because he wants a full-scale discussion on whether the City wants to annex any more land "out there." Snell said instead of doing it tonight, he wanted to see how the development agreement was coming along and consider the annexation at the second reading. Motion approved 4-1. (Snell opposed)(Kirby and Sansing absent) Motion by Eason, second by Oliver to reconsider Item JJ -1. Approved 4-1. (Snell opposed)(/Kirby and Sansing absent) City Council Meeting Minutes/February 14, 2006 Page 10 of 11 Pages Motion by Carr, second by Smith to approve the first reading. Snell asked about whether to continue to annex the lands developed by Del Webb and Pulte. He said he wants to discuss the Development Agreement before action is taken on annexation and he wants to discuss the advantages or disadvantages of annexation. It was noted that there will definitely be a Special Workshop on February 28 to discuss the Del Webb Development Agreement. Carr said he respects Snell's concerns, but he thinks this is the wrong item at the wrong time to resolve Council strategy about further annexations. He said this causes a "glitch" in the scheule for the developer and doesn't resolve his issues. Smith said he thinks the only way Georgetown can have quality development and control is through annexation. Snell expressed the need to further discuss and understand the differences between voluntary and involuntary annexations. Carls recalled that the Development Agreement of 1995 requires Del Webb to petition for voluntary annexation at the time of platting. Oliver confirmed the amount of remaining property that Del Webb could develop in the current agreement. There was further discussion regarding County vs. City authority in the extraterritorial jurisdiction. Vote on the motion. Approved 5-0 (Kirby and Sansing absent) 3. First Reading of an ordinance to amend chapter 15.40 of the Code of Ordinances relating to dangerous buildings to address requirements in the law regarding notice to property owners -- Dave Hall, Director of Inspection Services Hall explained the purpose of the item and read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Eason, second by Smith to approve the ordinance on first reading. Approved 5-0. (Kirby and Sansing absent) The meeting was adjourned at 08:31 PM. City Council Meeting Minutes/February 14, 2006 Page 11 of 11 Pages Attest: Sandra The 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, John Kirby, Farley Snell, Ben Oliver it Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Anthony Lincoln, Fire Chief; Laurie Brewer, Controller; Kimberly Garrett, Assistant Director of Recreation and Programs; Leticia Zavala, Chief Accountant; Danella Elliott, Administrative Assistant to Finance; Mark Thomas, Economic Development Director; Keith Hutchinson, Public Information Officer • _ • •illipiplifillillipil• • Called to order at 4:00 PM A Annual Review and Update of the City's Investment Policy -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration With a PowerPoint slide presentation, Brewer gave an overview on the City's Investment Policy. She noted that the City complies with the Public Funds Investment Act and the Government Accounting Standards Board (GASB) Requirements. She said the current depository contract with Union Bank expires June 31, and there will be a depository contract to Council for approval in April or May. B Discussion regarding the history, current status, and possible options for the future expansion of the IOOF Cemetery --Paul E. Brandenburg, City Manager and Randy Morrow, Director of Parks and Recreation Brandenburg gave a brief history of the International Order of Odd Fellows Cemetery, established in 1900. With a map, he displayed the phases of the cemetery property. He said the City began the sale of lots in 1970, and today there are 84 lots left in the 1993 addition. He told Council there are 45 to 50 lots sold per year at $650 per lot for 2 plots. He said the biggest cost for the City is maintenance at approximately $57,000 annually, with annual revenue of only $30,000. He said there is the possibility of expanding onto 2 1/2 acres of city -owned land north of the 1980 Addition which would expand the lots available for perhaps 20 years, with no other land to develop after that. He gave Council some options, such as double stacking, and reducing lot size to 8'x 8' instead of 10' x 10'. He said the City could charge different fees for different locations, with an urn area for cremated remains on a Z x 2' lot. He said a mausoleum would save space but would be very expensive for construction and upkeep. He suggested looking into a maintenance fee and contacting families of previous burials for contributions for maintenance. He told Council no new cemeteries can be established within the City Limits. He said a new law requires that cemeteries be two miles outside the city limits. He asked Council to determine if the City wants to stay in the cemetery business or sell to a private company. There were questions and comments from the Council. C Discussion regarding proposed City policy related to the creation of Municipal Utility Districts within the City City Council Meeting Minutes/February 13, 2006 Page 1 of 2 Pages limits and the extraterritorial jurisdiction -- Tom Yantis, Assistant City Manager Yantis asked for Council direction If the City receives an application to create a Municipal Utility District (MUD). He pointed out that 50% of Georgetown's boundary is fairly well decided. He said Georgetown could annex all the way down to the boundary agreement with Round Rock, and he said there is an agreement with the City of Weir east of Georgetown. He said the City may wish not to annex east of Georgetown due to utility issues near SH130. He said to the north is unknown, saying the City of Jarrell has a one -mile extraterritorial jurisdiction south down IH35. He said Georgetown staff is in preliminary dialogue with Jarrell to determine the boundary line and said staff is also working with the cities of Leander and Liberty Hill to establish the actual line. He noted that the issue is more or less settled with the western boundary at the Garey property. He said there is a definite area where the decision would be to not allow MUD's because of the proximity to existing City of Georgetown utility capacity, but there are other areas where a cost benefit analysis would be necessary to determine revenue, environmental impact, and availability of other providers of utilities. There were questions and comments from Council. Smith said he thinks there should be money in the budget to expand the City on the east side. 5:03 p.m. - recessed to Executive Session Executive Session 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. D 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 E Sec.551.072: Deliberations Regarding Real Property Consideration and possible action concerning the acquisition of right-of-way and easement(s) in connection with the widening of SH 29 West and CR 265 West Improvements 5:30 p.m. - returned to Open Session and adjourned The meeting was adjourned at 05:30 PM. ayoriGary Nelon City Council Meeting Minutes/February 13, 2006 Page 2 of 2 Pages