HomeMy WebLinkAboutMIN 10.08.2002 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:
Llorente Navarrette, Gabe Sansing, Doug Smith, All Council Present
Jack Noble, Sam Pfiester, Farley Snell, Ken Evans
Staff Present:
Paul Brandenburg, 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; Amelia Sondgeroth, Director of Development Services; Anthony Lincoln, Fire Chief;
Charlie Walker, Manager of Economic Growth and Planning; Glenn Dishong, Water/Wastewater
Services Manager; Ed Polasek, Chief Long Range Planner; Terry Jones, Purchasing Director; Mark
Miller, Transportation Services Manager; Mike Mayben, Energy Services Manager; John Aldridge,
Systems Engineering Manager; Eric Lashley, Library Director; Travis McLain, Airport Manager
?�olicy Development/Review Workshop
I%egular Sessionto convene and continueSession,
Session
There was no Executive Session held at this meeting.
Regular Session
C Call to Order - Called to order at 6:02 p.m.
D Pledge of Allegiance - Mayor Nelon led the Pledge of Allegiance.
E Comments from the dais regarding the following items:
- Opening Comments and Welcome to Audience -- Mayor Gary Nelon
Mayor Nelon welcomed the audience and gave a brief outline of meeting procedure.
- Announcement of Board/Commission vacancies: (One for Public Safety Advisory Board)
Mayor Nelon announced the vacancy on the Public Safety Advisory Board.
- Proclamation for Red Ribbon Week
Mayor Nelon read the proclamation and presented it to Pam Brady of LifeSteps.
. Proclamation for Breast Cancer Awareness Month
Mayor Nelon read the proclamation and presented it to Kathryn Taylor.
- Scheduling of future community meetings regarding airport issues - Councilmember Farley Snell
Councilmember Snell announced the first community meeting was held last Wednesday, and said
the meeting this week would be on Thursday at 4:00 p.m. in the Training Room of Fire Station #4.
He gave the dates of Wednesday, October 16, 23, and 30 for future meetings.
F Announcements and comments from City Manager
Brandenburg announced:
City Council Meeting Minutes/October 8, 2002
Page 1 of 7 Pages
the Sales Tax Informational Video should be ready for showing this week;
the Citizens Guide to the Budget will be inserted in the Sunday Sun on October 13, describing
the budget for the new fiscal year; and
he is looking forward to a positive bond trip to Dallas tomorrow.
G Citizens Wishing to Address Council
1. Wayne McKee of Pedernales Electric Cooperative (PEC) regarding update of PEC activities for
Georgetown customers of PEC
McKee announced that PEC will update the critical customer list this month and will sponsor an
Essay Contest for the Rural Electric Youth Tour (all -expense -paid trip to Washington, D.C. in
June). He delivered the check to the City for the PEC franchise fee.
2. Jerry Fye of 303 Serenada Drive regarding communication from the Airport Advisory Board on FAA
noise study and an Airport Master Pian
Fye said he will ask to address the Council once a month to inform the Council about items being
handled by the Airport Board. He said the Board recommends the City Council work with the
contractor regarding completing the Noise Study rather than discarding it, to see if there is a
possibility to recover any deliverable components of the Study. He said they also recommend
updating the Airport Master Plan. It was confirmed that there are funds in this year's budget to do
the update of the Airport Master Plan.
H Action from Executive Session on Monday, October 7, 2002
Motion by Smith, second by Snell to direct the City Attorney and the City's outside counsel to draft a
settlement agreement in the Rivery Partners lawsuit in accordance with the settlement points discussed at
last night's excecutive session, and further move that the authority to settle on these terms shall expire if
Rivery Partners has not signed the settlement agreement within thirty days from today's date. Approved
7-0.
Motion by Smith, second
by
Evans that
the Council authorize funds
in the amount of $3,022.81 for
Strasburger and Price for
the
Waterpark
Lawsuit that is currently on
appeal. Approved 7-0.
Motion by Smith, second by Pfiester that the Council authorize funds for the Municipal Court Prosecutor,
Lucas Wilson, in the amount of $4,549.00. Approved 7-0.
Consideration and possible action to approve the minutes from the Council Workshop on Monday,
September 23, and the Regular Council Meeting on Tuesday, September 24, 2002 -- Shirley Rinn, Deputy
City Secretary and Sandra Lee, City Secretary
The minutes were pulled from consideration due to Council not having received them in time to review.
J Consideration and possible action to authorize the City Manager to execute a contract with Matthew &
Company for the purpose of video taping City Council Meetings in an amount not to exceed $20,000, which
is the amount currently funded in FY 2002-03 budget -- Paul Brandenburg, City Manager
K Consideration and possible action authorizing library staff to purchase books from Ingram, Inc. in an
amount not to exceed $90,000 for fiscal year 2002-03 -- Eric Lashley, Library Director and Tom Yantis,
Assistant City Manager for Operations
L Discussion and possible action to adopt a resolution declaring support for a Central Texas Regional
Mobility Authority, requesting support from the Capitol Area Metropolitan Planning Organization, and
supporting certain changes in the underlying legislation by the Texas Legislature -- Jim Briggs, Assistant
City Manager for Utility Operations
M Consideration and
possible
action regarding the sale of a
0.19 acre lot located at 790 West 9th -- Terry
Jones,
Purchasing
Director
and
Micki
Rundell,
Director
of
Finance and
Administration
N Awards of Bid
1. Consideration and possible action to award of the bid for an oil and lubrication system for the
new Vehicle Service Center to Ballew's Equipment Service in the amount of $42,492.34 -- Terry
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Page 2 of 7 Pages
Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration
2. Consideration and possible action to award the annual bid for AMR Reed switches and Itron End
Cap integration services to U. S. Filter in the amount of $76,350.00 -- Terry Jones, Purchasing
Director and Jim Briggs, Assistant City Manager for Utility Operations
Motion by Pfiester, second by Smith to approve the Consent Agenda with the exception of the Minutes which will be
placed on the next Council Agenda for consideration. Approved 7-0.
Legislative Regular Agenda
O Consideration and possible action to approve the posting and publishing of a Notice of Special Election
on November 5, 2002, to seek voter response regarding a one-quarter cent (1/4 cent) increase in the sales
tax and regarding the adoption of the Firefighters' Civil Service Law -- Sandra Lee, City Secretary
Lee reminded the audience that the City will hold a Special Election on Tuesday, November 5, 2002, in
conjunction with the State/County General Election, announcing that Early Voting begins on Saturday,
October 19, and noting the additional locations for Early Voting throughout Williamson County because the
County Elections Department was contracted to conduct the election, and noting that voters who vote on
Election Day will need to vote in the polling place designated for the precinct listed on their voter registration
card.
Motion by Snell, second by Sansing to approve the posting and publishing of the Notice of Special
Election. Approved 7-0.
P Consideration and possible action regarding a resolution replacing members of the Georgetown Village
Public Improvement District No. 1 Advisory Board and appointing two alternate members -- Trish Carls,
City Attorney
Carls noted that two members expire and the Board has requested two alternate members. Motion by
Noble, second by Navarrette to approve the resolution. Approved 7-0.
Q Public Hearing and first reading of an ordinance amending stormwater rates to reflect the cost of
providing service -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and
Administration
Rundell noted that the Public Hearing is required by State Law. The Public Hearing was opened at 6:19
p.m. There were no comments. The Public Hearing was closed at 6:20 p.m. Rundell read only the caption
of the ordinance on first reading. Motion by Evans, second by Smith to approve the ordinance on first
reading. Sensing said he has received phone calls from District 2 constituents that are opposed to the
increase, however, he agrees that the increase is needed and will support the ordinance. Approved 6A,
(Navarrette opposed)
R Annexations
Petitions for Voluntary Annexation
1. Consideration of a resolution granting a petition for the annexation into the City of 0.68 acres,
more or less, in the Clement Stubblefield Survey, located near the southwest corner of the
intersection of IH 35 and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and
Amelia Sondgeroth, Director of Development Services
Polasek explained that this property is known as the Carter Tract, an "out parcel" of the Wolf Tract.
Motion by Noble, second by Pfiester to approve the resolution. Evans asked about attestation by
owners on the service plan pertaining to provision of wastewater service. Polasek explained that
the three contiguous lots have a service plan that calls for a development agreement because
there is no wastewater on the site, and state law says if the City cannot provide service, the
property owners must be in agreement with the annexation, therefore the attestation on the service
plan is required. Approved 7-0,
2. Consideration of a resolution granting a petition for the annexation into the City of 39.496 acres,
more or less, in the Clement Stubblefield Survey, located near the southwest corner of the
intersection of IH 35 and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and
Amelia Sondgeroth, Director of Development Services
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Page 3 of 7 Pages
Polasek explained the item. Motion by Evans, second by Sansing to approve the resolution.
Approved 7-0.
3. Consideration of a resolution granting a petition for the annexation into the City of 15.83 acres,
more or less, in the David Wright Survey, located at the southeast corner of the intersection of
FM 2338 (Williams Drive) and Cedar Breaks Road -- Ed Polasek, Chief Long -Range Planner
and Amelia Sondgeroth, Director of Development Services
Polasek explained the item. Motion by Pfiester, second by Navarrete to approve the resolution.
Approved 7-0,
S Public Hearings
1. Public Hearing on an ordinance providing for the annexation into the City of 0.68 acres, more or
less, in the Clement Stubblefield Survey, located near the southwest corner of the intersection
of IH 35 and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and Amelia
Sondgeroth, Director of Development Services
Polasek explained that Items S-1, S-23 and S-4 are parts of a total of 141.7 acres, subject to a
development agreement because of the wastewater issue. The public hearing was opened at 6:30
p.m. There were no comments. The public hearing was closed at 6:31 p.m.
2. Public Hearing on an ordinance providing for the annexation into the City of 39.496 acres, more or
less, in the Clement Stubblefield Survey, located near the southwest corner of the intersection
of lH 35 and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and Amelia
Sondgeroth, Director of Development Services
The public hearing was opened at 6:31 p.m. There were no comments. The public hearing was
closed at 6:32 p.m.
3. Public Hearing on an ordinance providing for the annexation into the City of 15.83 acres, more or
less, in the David Wright Survey, located at the southeast corner of the intersection of FM 2338
(Williams Drive) and Cedar Breaks Road -- Ed Polasek, Chief Long -Range Planner and Amelia
Sondgeroth, Director of Development Services
Polesek explained the item. He said the City expects this to be a commercial site. The public
hearing was opened at 6:32 p.m. There were no comments. The public hearing was closed at
6:33 p.m.
4. Public Hearing on an ordinance providing for the annexation into the City of 101.50 acres, more or
less, in the Clement Stubblefield Survey, located at the southwest corner of the intersection of
lH 35 and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth,
Director of Development Services
The public hearing was opened at 6:33 p.m. There were no comments. The public hearing was
closed at 6:34 p.m.
5. Public Hearing on an ordinance providing for the annexation into the City of 11.67 acres, more or
less, in the Joseph B. Pulsifer Survey, located north of Spring Valley Road and east of the
North San Gabriel River -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth,
Director of Development Services
Polasek explained the item. He said the property owner is asking to be annexed because he
wants to develop a private park and private home on the site. He wants to have City police
services when it is developed. The public hearing was opened at 6:34 p.m. There were no
comments. The public hearing was closed at 6:35 p.m.
6. Public Hearing on an ordinance providing for the annexation into the City of 4.825 acres, more or
less, in the Frederick Foy Survey, that are the remaining portions of Neighborhood 16, located
east of Sun City Boulevard and west of Dove Hollow Trail, to be known as Neighborhood
16-3, Sun City Texas -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director
City Council Meeting Minutes/October 8, 2002
Page 4 of 7 Pages
of Development Services
Polasek explained this is the remainder of Sun City Neighborhood 16-3. The public hearing was
opened at 6:35 p.m. There were no comments. The public hearing was closed at 6:35 p.m.
7. Public Hearing on an ordinance providing for the annexation into the City of 100.00 acres, more or
less, in the William Addison Survey, east of the proposed Maple Street extension and south of
Inner Loop -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of
Development Services
Polasek explained this involves the extension of Maple Street and extension of water and
wastewater service, saying it is not in the City's electrical service area. The Public Hearing was
opened at 6:36 p.m
Evans said he was told and Polasek confirmed that the residents had no choice as to the electric
provider. Polasek said the property is not in the City's Certificate of Convenience or Necessity
(CCN) and will be served by TXU Electric Company. Evans said he would like to see if the City
should annex the property if the City is not going to receive revenue from electricity. Brandenburg
said a cost benefit analysis needs to be done and staff will be providing that information. Polasek
said the first reading of the ordinance will be November 12 and the second reading can be done by
January 28, which will allow more time for determination.
Smith said he thinks, generally, residential annexation will cost the City and commercial
annexation will bring revenue, therefore, would the Council not decide to decline annexation of
residential areas. Brandenburg noted there are several characteristics to consider before the
determination is made. There was Council discussion regarding considering the impact on the
Georgetown School District. Brandenburg said there will be a need to discover the impact on
several entities. The public hearing was closed at 6:47 p.m.
T Consideration and possible action to authorize funding for Envision Central Texas in an amount not to
exceed $25,000 -- Paul Brandenburg, City Manager
Brandenburg explained the item and it was discussed that the funds will be taken from last year's Council
Contingency Fund which was sufficient for this amount. Nelon recommended Council's contribution.
Motion by Snell, second by Pfiester to authorize the funding. Nelon encouraged citizens of Georgetown to
attend the workshop on Monday, October 14, at Georgetown High School. Approved 7-0.
U Consideration
and possible action regarding
acceptance
of the F.A.A. Entitlement
Grant for Fiscal Year
2003 -- Travis
McLain, Airport Manager and
Tom Yantis,
Assistant City Manager for
Operations
McLain told Council the Georgetown Municipal Airport has qualified and Congress has authorized
entitlement money of $150,000 per year for a period of two years. He said the money can be used for
anything except buildings and equipment, saying it is staffs recommendation that It be used to resurface
airport streets, add concrete ribbon curbs and replace the wooden posts on the 10 -foot game fence around
the Airport. Brandenburg said the money is being held and the City can wait until July 2003 to determine
how the money is to be spent or if it is to be refused. He assured Council that saying "yes" tonight does not
obligate the City. Snell recommended that the City accept the funds. Sansing asked and McLain confirmed
that the fence will survive until the money is obtained. Motion by Smith, second by Evans to approve
acceptance of the entitlement grant. Approved 7-0.
V Items Forwarded to the City Council from the Economic Development Commission
1. Discussion and possible action regarding report on progress of TIP Development Strategies,
Inc. -- Gordon Baker, Chair of Economic Development Commission and Charlie Walker, Manager
of Planning and Economic Growth, Paul Brandenburg, City Manager
Baker suggested that Council review the provided information in the packet showing the hours to
be spent by TIP. He said he has a bound copy of all of the deliverables, all having been
completed. He spoke of the activities provided to the Economic Development Commission by TIP.
Brandenburg said he would like the opportunity to review the deliverables and provide the
information to Council. He suggested that a "project specific" contract be prepared, to include
structure, inventory of available land, specific development in the downtown area, ongoing
prospect contacts, and an incentive proposal, to be brought back to the Council at a future
City Council Meeting Minutes/October 8, 2002
Page 5 of 7 Pages
meeting. There was discussion as to whether to have an extension in place before the next
contract is consummated.
2. Consideration and possible action regarding extension of the contract with TIP Development
Strategies, Inc. in order to complete required tasks outlined in original contract -- Gordon Baker,
Chair of Economic Development Commission and Charlie Walker, Manager of Planning and
Ecomonic Development, Paul Brandenburg, City Manager
Motion by Snell, second by Evans to extend the contract with TIP Development Strategies for 30
days. Approved 7-0.
W Item Forwarded to the City Council from the Georgetown Transportation Enhancement Corporation
Consideration and possible action to approve an advance funding agreement between the City of
Georgetown and Texas Department of Transportation for the voluntary transportation improvement project
turnaround structure (U -Turn) from the northbound IH35 frontage road to the southbound IH35 frontage
road at Williams Drive -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City
Manager for Utility Operations
Miller presented the item. Pfiester suggested that it be specified that the amount of $1.1 million is a "not to
exceed" amount. Motion by Sansing, second by Pfiester to approve the advance funding not to exceed
$1.1 million. Approved 7-0.
X Items Forwarded to the City Council from the Georgetown Utility System Advisory Board
1. Consideration and possible action for approval of a contract amendment to the existing
Professional Services Agreement between the City of Georgetown and Camp, Dresser, and
McKee, Inc., to provide engineering services related to the design of the Berry Creek Wastewater
Treatment Plant expansion -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant
City Manager for Utility Operations
Dishong explained that the total fee is $256,500. He said the plant is currently operating at about
90% capacity at this time. Pfiester recounted the discussions held by the Georgetown Utililty
System Advisory Board in considering and approving this item. Motion by Pfiester, second by
Evans to approve the contract. Sansing asked and Dishong confirmed that staff recommends this
contract amendment. Approved 7-0.
2. Consideration and possible action regarding policy for developer contributions and/or City
participation in capital improvements for development projects -- Councilmember Sam Pfiester
Pfiester noted that this policy was adopted unanimously by the Georgetown Utility System
Advisory Board. He said he is recommending with this item that there be more oversight and more
review. He outlined the procedure as: (1) staff recommends, (2) Georgetown Utility System (GUS)
Board reviews, and (3) GUS recommends to Council. Brandenburg noted that this extra step may
create delays in negotiations, but staff would be willing to go along with Council's determination.
Nelon suggested that there be a dollar amount set under which staff could continue to make
decisions. Sansing suggested that the time element may cost the developer money and said the
Council should trust the professional staff to make the proper decisions to be brought forward to
the Council. In response, Pfiester said he feels there won't be a discomfort for the developer
regarding the time frame of the procedure. He noted that under the City Charter, the only person
who has authority is the City Manager and the level of his authority is $15,000, saying most of
these are very large items, and for that reason they need a cost benefit analysis and review by a
board that can spend more time than Council can in looking at it. He said to bypass the GUS
Board doesn't give the issue the oversight that the decision may deserve. He suggested this
policy might provide a comfort level for Briggs and asked Briggs to respond.
Briggs explained that a formula and policy on subsequent user fees and cost participation
calculations on public improvements has been submitted to Development Services for inclusion in
the Unified Development Code, and it will be reviewed for approval by the Planning and Zoning
Commission and then the Council. Nelon asked and Briggs confirmed that there is no reason not
to enact this procedure. Evans said it isn't a matter of trust, it is about not putting a burden on staff
without a formal policy. Sansing said now that he hears that staff supports it, he has no problem
with it. Noble asked Brandenburg, if GUS Board didn't agree with staffs recommendation, would
staffs recommendation still come to the Council. Brandenburg said all of the documentation would
City Council Meeting Minutes/October 8, 2002
Page 6 of 7 Pages
need to be provided to
the
Council. Pfiester clarified that the
policy states
that
the staff
recommendation,
with
the
GUS
Board's
comments,
would
be
forwarded to
the
Council.
Navarrette asked if Council would also get the developer's recommendation and asked to make
sure that the City Attorney agrees with the proposed policy to avoid conflicting treatment to the
developers. Pfiester asked Carls to respond as to whether there is a legal proglem with having the
GUS Board review each development project regarding the City's participation. Carls said she
sees no problem with the proposed policy, but said she feels what will help Council the most will
be the objective standards that will be in place in the Unified Development Code to be reviewed
and approved by Council. Briggs said the priority concern regarding participation from the utility
funds will always be the current need or condition of the system, and then the development.
Motion by Snell, second by Pfiester to approve the policy.
There were statements by Smith, Sansing, Noble, Evans, and Navarrette as to their opinions of the
proposed policy. Carls suggested that the discussion was exceeding the posting of the item and
also suggested that Council might want to ask that staff prepare the agenda item cover sheet in
the same way that the Planning and Zoning items are prepared, because the Council is
accustomed to that format and it would answer some of the questions that Council is asking
tonight. She said to the extent that other questions are being asked tonight, those should probably
be posted for additional discussion on a future Council Agenda.
Motion by Navarrette, second by Pfiester to amend the previous motion to require that when
forwarding items from the Georgetown Utility System Board to the Council, the agenda item cover
sheet should contain the description of the item and the results of its discussion at the GUS Board
Meeting, using the method used by Development Services on agenda item cover sheets when
forwarding items from the Planning and Zoning Commission to Council for consideration.
Approved 7-0.
Vote on the Amended Motion. Approved 6-1. (Noble opposed)
The meeting was adjourned at 08:00 PM.
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