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HomeMy WebLinkAboutMIN 09.24.2002 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council resent: Council Absent. Mayor Gary Nelon, Llorente Navarrette, Jack Ken Evans Noble, Sam Pfiester, Gabe Sansing, Doug Smith, Farley Snell Paul Brandenburg, City Manager, Tom Yantis, Assistant City Manager of Operations, Jim Briggs, Assistant City Manager of Utility Operations, Trish Carls, City Attorney, Amelia Sondgeroth, Director of Planning & Development, Micki Rundell, Director of Finance and Administration, Carla Bourland, Director' of Human Resources, Dennis Schoenborn, Director of Information Resources, Shirley Rinn, Deputy City Secretary, Laurie Brewer, Controller, Danella Elliott, Administrative Assistant, Terry Jones, Purchasing Director, Anthony Lincoln, Director of Fire Services, Keith Hutchinson, Public Information Officer, Mark Miller, Street Supervisor, Verna Browning, Main Street Manager, Tom Leggitt, Fire Marshall, Paul Pauswang, Vehicle Maintenance Supervisor, Ed Polasek, Long Range Planner, Bobby Ray, Chief Planner, Chris Bryce, GIS Analyst, Josh Crozier, Carla Benton, Karen Brown, Safety Manager, Kathy Ragsdale, Utility Director, Clay Shell, Assistant Fire Chief, Kevin Stofle, Assistant Police Chief, David Morgan, Police Chief, Glen Dishong, Water Services Manager, Charlie Walker, Manager of Planning and Economic Development; Roland Waites, John Aldridge, System Engineer Policy Development/Review orks o Regular Session to convene and continue Executive Session, if necessary. Executive Session A Sec.551.071 consultation with attorney --Pending Litigation -Georgetown Waterpark, Ltd. v. City, et al.; Cause No. 00-209-C277 (277th District Court of Williamson County) -Walker and Shell Road Golf Center, Inc. v. City; Cause No. 00-083-C277 (277th District Court, Williamson County) -City v. Doug and Doris Pierce; Cause No. 00-552-C26 (26th District Court, Williamson County) -Rivery Partners, Ltd. v. City of Georgetown, Cause No. 01-695-C368 ( 368th Judicial District of Williamson County) -Georgetown Healthcare v. Electa Oncology, Cause No. 01-340-C368 (368th District, Williamson County) - Potential Litigation (Del Webb Development Agreement, Dove Springs Wastewater Treatment Plant) - Code Enforcement Actions - Legal Advice regarding agenda items Regular B Call .s - City Council Meeting Minutes/September 24, 2002 Page 1 of 11 Pages Meeting was called to order at 6:03 p.m. D Comments from the dais regarding the following items: - Opening Comments and Welcome to Audience -- caused Mayor Gary Nelon individual citizen. Mayor thanked GISD for allowing us to use the Carver Elementary School Facility for the City Council Meeting - Proclamation - National Bible Week -- Mayor Gary Nelon - Scheduling of future community meetings regarding airport issues - Council Member Farley Snell Councilmember Snell announced that he is going to be hosting a series of community gatherings to share information and ideas regarding airport issues beginning on* October 2, from 4-5:30 in the training room at Fire Station No. 4. (*as corrected by Farley Snell at the Council Meeting on October 22, 2002.) E Announcements and Comments from City Manager Brandenburg told council that the City was not going to have to do an asbestos abatement at the old City Hall Building. He also told council that staff would be meeting on September 25, 2002 to discuss Emergency Preparedness with regard to the situation in the Gulf. F Citizens Wishing to Address Council - Debbie Charbonneau, 416 Keenland Drive, regarding Funding Agreement between the City and Georgetown Palace Theatre. Ms. Charbonneau addressed the Council regarding the Funding Agreement reporting requirements. The Mayor also asked Ms. Charbonneau to provide the information required under the agreement in writing. - Brenda McDonald, 604 West Street, regarding "handling by city employees on complaints of abuse from the police officers on citizens of community. Complaints of police brutality, wrongful imprisonment, abuse of power, and discrimination." Ms. McDonald addressed the council regarding complaints she had filed regarding police brutality, abuse of power, discrimination, wrongful imprisonment. She asked the council how and in what form a formal complaint should be handled, as well as the timeframe during which a response from the city could be expected. Trish Carls told Ms. McDonald about an internal affairs complaint process and that Chief Morgan could assist her in that process. Ms. McDonald indicated that she has made complaints and that they have not been handled appropriately. - B. Keith Peshak, 800 Oak Crest Lane, regarding "(1) Georgetown Airport declared by Council to be'police free zone.' and (2) Dangers to personnel at situation the Airport caused visit with by neglect individual citizen. and malfeasence of staff." the Council Mr. Peshak addressed the council regarding safety issues at the airport and the money that is available in the City's budget for safety issues. Mr. Peshak presented an open records request for the "Airport Manager's Report of August 2002 Monthly Income and Expenes Report" He also discussed his concern regarding safety issues at his hanger. G Action from Executive Session Perry Stegar of 1230 S. Austin Avenue addressed the council regarding the Dove Springs Wastewater Treatment Plant. He came before the council to represent Stegar and Bizzell Engineering. He discussed the two engineering reports that council has received regarding the plant. He told council that Stegar and Bizell had some concerns regarding the Furlong Report and that they would be contacting Dr. Furlong regarding his report to address their concerns with the report. He passed out a copies of pictures of the Lake Georgetown Plant and discussed them. He said that his father, Charlie Stegar, would like to meet in open session with the council to answer questions. The council indicated that it very much would like to see this situation resolved and that Mr. Stegar was welcome to visit with Dr. Furlong as an individual citizen. Mr. Stegar was told that the Council would like to City Council Meeting Minutes/September 24, 2002 Page 2 of 11 Pages have a written response from Stegar & Bizzell regarding Dr. Furlong's report. Mike Cunningham of 30205 St. Andrews addressed the council regarding the Dove Springs Wastewater Treatement Plant. He told council that he understood that there has been some political devisiveness in the past, but that the City has done a good job in taking care of the facility. He also told the Council that he would be happy to help the city with the situation if it became necessary. Motion by Smith, second by Pfiester to direct the City Attorney to send a Notice of Claim letter to Steger & Bizzell based on the findings in the final report prepared by the mutually -agreed structural engineering expert and that Steger & Bizzell be given until the end of October to respond to the Notice of Claim. Approved (6-0) Motion by Smith, second by Noble that the deadline of September 30, 2002 for invoking the City's rights under Paragraph 5(g) of the Del Webb Development Agreement be extended until December 31, 2002. Approved (6-0) Statutory Consent Agenda H Consideration and possible action to approve the minutes from the Council Workshop on Monday, September 9, and the Regular Council Meeting on Tuesday, September 10, 2002 -- Sandra Lee, City Secretary Consideration and action with respect to Resolution Directing the Publication of Notice of Intention to Issue City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2002; and Other Matters Related Thereto -- Micki Rundell, Director of Finance and Administration J Consideration of approval of a contract with Lucas Wilson for Municipal Court Prosecution -- Patricia E. Carls, City Attorney K Consideration and possible action to approve an interlocal agreement between the City and the Georgetown Transportation Enhancement Corporation (GTEC) to secure payment for debt service related to Certificates of Obligation issued for GTEC projects -- Micki Rundell, Director of Finance and Administration Navarrefte wanted to know whether or not the City's liability is covered in this agreement. Rundell confirmed that it is and told him the agreement was drafted by the City's bond counsel to make sure that the city's position was adequately covered. L Contracts and Agreements 1. Consideration and possible action to renew the contract, between the City of Georgetown and Infrared Technology Services, for Utility System Infrared Inspection Services -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 2. Consideration and possible action to approve the annual renewal of the City's insurance program for workers' compensation, liability and property coverage through its participation in the Texas Municipal League Intergovernmental Risk Pool, pursuant to the terms of the Interlocal Agreement between the City of Georgetown and TML -IRP -- Carla Bourland, Human Resources Director Pfiester inquired about the airport liability premium. He wanted to know what the difference in the premium would be if the amount was raised to $30,000,000. The TML representative told him that she would find out and let the council know. 3. Consideration and possible action to approve an agreement with Georgetown Independent School District for the School Resource/L.S.T. Officer Program -- David Morgan, Police Chief M Consideration and possible action on a Short Form Final Plat for 3.503 acres out of the A.H. Porter Survey, to be known as the Planned Unit Development of Cimarron Hills, Phase 3, Section 1, located off of SH 29 -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services N Consideration and possible action to approve two SSRI Homeland Security Grant Applications -- Chris City Council Meeting Minutes/September 24, 2002 Page 3 of 11 Pages Bryce, GIS Analyst and Amelia Sondgeroth, Director of Planning and Development Services, Anthony Lincoln, Director of Fire Services Navarrette asked for clarification on this item. Bryce told the Council that the grants would give the City GIS software to help with homeland security. Navarrette wanted to know if it would assist with Reverse 911. He told council that it would, and that the sofware would be used to help develop addresses for each structure in the City. O Consideration of the declaration of surplus property and approval to sell used trucks and equipment to Bill Jones Equipment Company, Inc. in the amount of $18,650.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration P Consideration of a change order to STR Constructors to add a fire alarm system to the Municipal Complex main building in the amount of $55,877.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Q Consideration of the award of the annual bid for emulsion to Koch Pavement Solutions in the estimated amount of $31,323.00 -- Terry Jones, Purchasing Director and Jim Briggs, Assistant City Manager for Utility Operations R Consideration and possible action to authorize the purchase of network servers, software, and data communications hardware and supplies from Networking Technologies Resource Center through the State of Texas catalogue -- Dennis Schoenborn, Information Resources Director Schoenborn told the Council that the City has used this vendor for the past 4 years to replace items on the scheduled replacement cycle. He also confirmed that this item is unrelated to the lease item on the regular agenda. Motion Sansing, second by Pfiester to approve the Consent Agenda. Approved (6-0) S Second Readings 1. Second Reading of an Ordinance Rezoning . 251 acres, out of the Lost Addition, Block 66, from RP, Residential Planned to RM -3, Office & Service Use, or more restrictive district, located at 1112 Rock Street -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Bobby Ray read only the caption of the ordinance on second reading. Motion by Snell, second Navarrette by to approve Ordinance No. 2002-57. Approved 6-0. 2. Second reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 2002 -- Micki Rundell, Director of Finance and Administration Rundell read only the caption of the ordinance on second reading. Della Green of 1901 Vine Street addressed the council regarding regarding Items S-2, S-33 S-51 S-6, & S-7. She told council that she is opposed to any tax increase, especially, ad valorem and sales tax. She is also opposed to any rate increased for water, wastewater, waste disposal, or any other rates. She asked the Council to clarify the purpose of the interlocal agreement with GTEC. Rundell told council that the interlocal agreement is between the City and GTEC and relates to bonds that will be issued by the City and that the bonds will be self -supported. The agreement is the security pledge for the City from GTEC that those funds will go to pay the debt service on the bonds. Mayor Nelon clarified that we are required to have the agreement and that the agreement is drafted by our bond counsel. Rundell also told the council that the property tax continues to be the lowest in the Central Texas Area. She also told the council that they have done an analysis of the "cost of living" in Georgetown. City Council Meeting Minutes/September 24, 2002 Page 4 of 11 Pages She said that they look at taxes, including school the school district, utilities on an average home and compare them to other cities in the area, including Leander, Cedar Park, Round Rock, Austin and Pflugerville. She said that this year, the City of Georgetown is again the lowest. Motion by Smith, second by Noble to approve Ordinance No. 2002-58. Navarrette told the Council he would vote against this item because he told his constituents he would never vote for a tax increase. Approved (5-1) (Navarrette opposed) 3. Second reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning Otober 1, 2002, and ending September 30, 2003; adopting the Annual Amendment to the Century Plan -- Micki Rundell, Director of Finance and Administration Rundell reviewed the changes in the ordinance since the first reading. She then read only the caption of the ordinance on second reading. Motion by Pfiester,second by Smith to approve Ordinance No. 2002-59. There was discussion among the Council regarding which funds would be used to pay for the noise study. Rundell told the council that they were looking at various funding options and would be bringing that item back as an amendment. Rundell told council that her recommendation would be that the funds be taken from the airport fund. Approved (5-1) (Navarrette oppossed.) 4. Second reading of an ordinance amending § 2.08.010 "Administrative Divisions and Departments If of the Georgetown Code of Ordinances -- Micki Rundell, Director of Finance and Administration Rundell read only the caption of the ordinance on second reading. Motion by Noble, second by Navarrete to approve Ordinance No. 2002-60. Approved (6-0). 5. Second reading of an ordinance amending solid waste disposal rates in order to fully recover the cost of solid waste disposal service and make the utility self-supporting -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale read only the caption of the ordinance on second reading. Motion by Pfiester, second by Sansing by to approve Ordinance Kathy No. 2002-61. to Approved (5-1) (Noble Office to donate opposed) Director and 6. Second reading of an ordinance amending wastewater rates to reflect the cost of providing service -- Kathy Ragsdale, a request to Utility Office to donate Director and Micki to the Shot Rundell, Gun House. Director of Finance and Administration Ragsdale read only the caption of the ordinance on second reading. Motion by Pfiester, second by Smith to approve Ordinance No. 2002-62. Approved (5-1)( Navarrette opposed) 7. Second reading of an ordinance amending chapter 6.16 "Peddlers and Solicitors" of the Georgetown Code of Ordinances -- Patricia E.Carls, City Attorney Della Green reminded the council the City gave the $30,000 for the renovation of the Shot Gun House. She made a request to the councilmembers to donate a brick to the Shot Gun House. Carts read only the caption of the ordinance on second reading. Carls clarified that the current ordinance is enforced and that the police department does receive phone call from neighborhoods about solicitors. She also clarified that permits could be denied for certain reasons. Motion by Snell, second by Sansing to approve Ordinance No. 2002-63. Approved (6-0) T Discussion and possible action to adopt a Resolution approving the 2002/03 Budget and related Property Tax Assessment for the Georgetown Village Public Improvement District #1-- Micki Rundell, Director of Finance and Administration City Council Meeting Minutes/September 24, 2002 Page 5 of 11 Pages Rundell read the caption only of Resolution No. 092402-T Motion by Noble, second by Sansing to adopt a Resolution approving the 2002/03 Budget and related Property Tax Assessment for the Georgetown Village Public Improvement District #1. Approved (6-0) U Consideration and possible action to provide direction to staff on purchasing and/or leasing options for 2002/03 capital replacement for vehicles and computers -- Micki Rundell, Dirrector of Finance and Administration Rundell reviewed the Internal Service Funds with the Council. She explained the benefits of using these funds and how the funds are used, as well as the issues pertaining to vehicles. She said that Police and Fire vehicles have very high maintenance costs and that the current policy regarding fire apparatus also has an impact on the budget. She told council that it costs twice as much for vehicles over three years old. She went on to discuss municipal leasing options. She said that leasing removes money from the operating fund and moves it to the debt side. She used police vehicles and the laptop computers for Police Department as examples. She told them that the laptops were purchased with seizure funds and because of that are not on the IR replacement schedule. She went on to discuss the advantages and disadvantages of several options for replacing police vehicles. She told them that the option that Finance prefers is option 3, which would allow the City to issue contractual bonds but make them self supporting. With those bonds the City could purchase thirteen vehicles (roll oldest up), make the payment with the funds that are available in the current ISF and the City could fund that through the current revenue appropriation funds. She said that the disadvantage to this option is that there would be no excess money in the departmental budgets to fund addtional vehicles. However, she said that this option would be a benefit to the Vehicle Service Center, as it decreases the cost of operations. It would also decrease the the city's average age of patrol vehicles to less than four (4) years. She told them that the lease option is a short term solution and not a long term solution and that the City would have to look at other options the next budget year. There was a lengthy discussion among the council regarding the impacts of leasing vs. purchasing vehicles. Rundell also told the Council that moving this direction would be a policy change and that moving costs from operations to debt side could slightly increase the effective tax rate. She said that it would not effect this year's tax rate, but that next year's tax rate would be impacted. She told them that the bonds would not actually be issued until Spring 2003. She told council that these types of options have come about because cities are struggling with their budgets and have had to find other ways fund items. She went on to tell the council that the debt would be structured so that it would be paid off by time the vehciles are up for replacement. There was concern among the council that we were trying to solve to many problems at one time. There was also concern that the City would be issuing debt without voter approval. Micki explained to the council that the leases that she was discussing were not traditional leases and that the City will acuaily own the vehicles. She confirmed that the structure of the lease was a financial mechanism to take the vehicles off the operational side and place them on the debt side. She said that there were serveral cities in the Central Texas area that are using leasing options as an alternative funding method. Rundell clarified that Option 3 allows the City to get rid of its very old vehicles, that it decreases the average operating cost per mile from .22 cents to .19 cents, and it decreases mainteance costs of the old vehicles and frees up some additional resources to apply to other divisions. Rundell also clarified that Option 3 was a shift in policy, but not necessarily a shift in debt. Brandenburg discussed the impacts of leasing vs. purchasing and the public perception regarding the budgetary issues related to it. He also discussed with the council reasons that cities have turned to these type of alternatives in their budgets. He explained to the council that this decision was a budgetary, as well as a policy decision on the part of the Council as to the direction it wanted to take with regard to this issue. Rundell explained to the council that the City has been trying to do more with less, and has been faced with increasing maintenance costs over the years because of longer replacement schedules. She also clarified that at the end of three years a decision would have to be made as to whether or not new vehicles would then be purchased and placed back on the operating side or leased again. She said at that time, the City's financial situation may be very different than it is now. She also clarified that this is a one-time solution. Motion by Pfiester, second by Farley to accept the recommendation for Option 3. There was extensive discussion regarding which leasing option was the best option, how it will impact the budget next year, as well as a a concern about the timing of this issue and how the citizens would react to City Council Meeting Minutes/September 24, 2002 Page 6 of 11 Pages this type of funding mechanism. The Mayor called the question. Approved 4-3, Mayor Nelon voted to break a tie vote. (Navarrette, Sansing, Smith opposed) Dennis Schoenborn discussed the option of PC leasing to the council and the benefits it would provide to the IR department. He went on to discuss the various type of leasing options and the advantages and disadvantages of each option. He also told council that the current inventory would be sold at auction and we would receive some cost savings from the proceeds. Dennis clarified that the costs in this presentation are not calculated based on competitive bidding so he anticipates that the actual cost would decrease. He told them that by going with the leasing option he would expect to save approximately $11,000 in the first year's budget. He also discussed issues relating to the impending need to upgrade our operating system in the next few years and the advantages of leasing PCs with regard to this issue. He also discussed maintenance and upgrade costs with regard to the computer systems, which become an issue in the fourth year of the life of the computer systems. There wasa further discussion regarding the Police Department laptops and the reasons they are not maintained in the ISF fund. Rundell told council that if they added the police laptops to this proposal, it would drive up budget substantially, but that she could run the numbers and let them know the impact of doing so. Rundell also told the council that the difference between the PC Leasing and the Vehicle leasing options is that the City would own the vehicles, but the computers would not be owned by the City, they would be leased. Therefore, by making the decision to lease the computers, the City would be making the committment to lease them for three years. If at that end of that period the City opted not to renew the lease, it would have no computers. There was discussion as to whether or not this program could be phased in, and whether or not it would be cost effective to do so. There was also further discussion regarding the advantages of having new computers with the most current technologies versus the costs related to the maintenance issues related to the computers that are currently owned by the City. Motion by Snell,second by Navarrette to direct staff to initiate the process to prepare leasing options for PCs and to accept bids for leasing PCs, including the Police laptops. Approved (6-0) Recessed at 8:05 p.m. Resumed at 8:15 p.m. Moved to Item DD V Public Hearings and Rezoning Ordinances 1. Public Hearing to consider a Century Plan Amendment of 100 acres out of the William Addison Survey, to be known as The Pinnacle, to change from Intensity Level 2 to Intensity Level 3 or any more restrictive classification located South of the Inner Loop and east of the future extension of Maple Street. -- David Munk, Development Engineer and Amelia Sondgeroth, Director of Planning and Development Services This item has been pulled by the applicant. 2. First Reading of an Ordinance for a Century Plan Amendment of 100 acres out of the William Addison Survey, to be known as The Pinnacle, to change from Intensity Level 2 to Intensity Level 3 or any more restrictive classification located South of the Inner Loop and east of the future extension of Maple Street. — David Munk, Development Engineer and Amelia Sondgeroth, Director of Planning and Development Services This item has been pulled by the applicant. 3. Public Hearing to Consider a Rezoning of 8.09 acres in the John Berry Survey to be known as Chisholm Park, Section One, from RMH, Residential Manufactured Home, to RHD, Residential High Density or any more restrictive district, located on County Road 152 -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services City Council Meeting Minutes/September 24, 2002 Page 7 of 11 Pages Bobby Ray discussed the issues related to this rezoning request. Ray told the council that the Planning & Zoning Commission recommended approval approval of this this item. item. Public Hearing was opened and then closed with no speakers. 4. First Reading of an Ordinance Rezoning 8.09 acres in the John Berry Survey to be known as Chisholm Park, Section One, from RMH, Residential Manufactured Home, to RHD, Residential High Density or any more restrictive district, located on County Road 152 -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Bobby Ray read only the caption of the ordinance on first reading. Motion by Pfiester, second Smith by to approve a First Reading of an Ordinance Rezoning 8.09 acres in the John Berry Survey to be known as Chisholm Park, Section One, from RMH, Residential Manufactured Home, to RHD, Residential High Density or any more restrictive district, located on County Road 152. Approved (6-0) 5. Public Hearing to Consider a Rezoning of Crestview Addition, Unit 1, Block 2, Lot 9, from RS, Residential Single Family to RM -3, Office and Service Use, or more restrictive district, located at 1618 Williams Drive -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Bobby Ray discussed the issues related to this rezoning request. Ray told the council that the Planning & Zoning Commission recommended approval of this item. Public Hearing was opened and then closed with no speakers. 6. First Reading of an Ordinance Rezoning Crestview Addition, Unit 1, Block 2, Lot 9, from RS, Residential Single Family to RM -3, Office and Service Use, or more restrictive district, located at 1618 Williams Drive -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Bobby Ray read only the caption of the ordinance on first reading. Motion by Sansing, second by Navarrette to appove on First Reading of an Ordinance Rezoning Crestview Addition, Unit 1, Block 2, Lot 9, from RS, Residential Single Family to RM -3, Office and Service Use, or more restrictive district, located at 1618 Williams Drive. Approved (6-0) W Consideration of a resolution granting a petition for the annexation into the City for 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 Planning and Development Services Ed Polasek gave a description of the property and told the council that the resolution will start the timetable on the annexation process. Motion by Pfiester, second Sansing to approve a resolution granting a petition for the annexation into the City for 100.00 acres, more or less, in the William Addison Survey, east of the proposed Maple Street extension and south of Inner Loop Approved (6-0) X Consideration of a resolution granting a petition for the annexation into the City for 101.50 acres, more or less, in the Clement Stubblefield Survey, located at the southwest corner of the intersection of IH 35 and State Highway 29 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services Ed Polasek gave a description of the property and told the council that the resolution will start the timetable on the annexation process. He also told the council that an adjoining property owner had also filed an application. Motion by Pfiester, second by Sansing to approve a resolution granting a petition for the annexation into the City for 101.50 acres, more or less, in the Clement Stubblefield Survey, located at the southwest corner of the intersection of IH 35 and State Highway 29. Approved (6-0) City Council Meeting Minutes/September 24, 2002 Page 8 of 11 Pages Y Consideration and possible action on a Public Review Final Plat for 8.09 acres, out of the John Berry Survey, to be known as Chisholm Park, Section 1, and located on CR 152 -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Carla Benton described the item to the Council. Motion by Pfiester, second by Sansing to approve a Public Review Final Plat for 8.09 acres, out of the John Berry Survey, to be known as Chisholm Park, Section 1, and located on CR 152. Approved (6-0) Z First reading of an Ordinance amending Title 14 of the Code of Ordinances of the City of Georgetown, Texas, to grant Texas Community Propane, Inc. a franchise agreement to operate and maintain a propane distribution system in the City of Georgetown --Tom Yantis, Assistant City Manager Yantis told council that the draft copy of the ordinance did not contain some changes that had beenr recommended by the fire marshal) and that if council chooses to approve the franchise agreement, to do so contingent on the changes recommended by the fire marshall. Pat Usener described the services provided by Texas Community Propane, Inc. He also described the difference between natural and propane gas. He said that the have franchises in Leander, Manor, and are working on franchises in Hutto and Colleyviile. There was discussion among the council regarding whether or not the company provided propane gas detectors to customs and whether or not their subivisions were part of the One Call System. There was further discussion as to whether or not the council needed to have a workshop with regard to this item. Yantis told council that the ordinance has been reviewed by legal, the Fire Marshall and GUS officials. Council expressed concern regarding safety issues. Briggs addressed the council regarding safety issues and design issues related to gas franchise agreements. Navarrette wanted know if there was a possibility that other gas providers would provide service. Briggs told council that from a competitve standpoint that we will see more and more of these systems. Further discussion regarding the pros and cons of granting this type of franchise and the impacts on the community for doing so. Pfiester recommends that we defer this item to take it up in GUS advisory. Motion by Pfiester, second by Navarrette to defer this item to the GUS Advisory Board to bring back a recommendation. Approved (4-3) Mayor voted to break the tie. (Smith, Noble, and Sansing opposed) AA Consideration and possible action to approve the Compromise Settlement and Release Agreement with Oncor (TXU) Electric and Gas, regarding calculation in the amount of franchise fees paid by Oncor (TXU) Electric and Gas --Jim Briggs, Assistant City Manager for Utility Operations and Michael W. Mayben, Energy Services Manager Jim Brigg gave the Council the background regarding this item. He told council that the staff checked with other entities who were not parties to the suit who had evaluated the agreement and they agreed that this was a fair and reasonable settlement. He told council that staff recommends that the Council authorize the Mayor to execute the Settlement Agreement and that staff will bring back the ordinances on electric and gas to make the necesary adjustments beginning in October. Motion by Noble, second by Smith to approve the Compromise Settlement and Release Agreement with Oncor (TXU) Electric and Gas, regarding calculation in the amount of franchise fees paid by Oncor (TXU) Electric and Gas Approved (6-0) BB Items Forwarded to the City Council from the Georgetown Utility System Advisory Board 1. Consideration and possible action to approve the amendment to the contract, between Operations Management International, Inc. (OMI) and the City of Georgetown, for operations and maintenance of the City's water and wastewater plants -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Glen Dishong gave the background on this Item. He gave an explanation for the increase. Pfiester told the council that GUS Advisory Board discussed this issue extensively and he relayed those discussions to the council. He told council that the GUS advisory voted to accept this amendment, but to cancel the contract effective next year. In doing so, the City can proceed with a RFQ process in the Spring. City Council Meeting Minutes/September 24, 2002 Page 9 of 11 Pages Motion by Pfiester, second by Snell to approve the amendment and direct staff to send a cancellation notice to OMI in February 1, 2003 pursuant to Section 7.1 of the Agreement. Approved (5-0) Jack Noble abstained because of a conflict of interest and vacated the dias during the discussions. There was a clarification that the contract would be effective through October 1, 2003. CC Consideration and possible action to direct staff on the implementation of the initial phase of modifications to public safety compensation for the 2002/03 budget. - Paul Brandenburg, City Manager Brandenburg reviewed the options that have been previously presented to council, which included (1) Design of the compensation structure (step plan or other alternative); (2) What cities/counties should be included as market comparables; (3) What will be our targeted market position (% to market); and (4) Development of a 3-5 year plan of implementation that addresses competitive pay (which includes salaries, benefits, rewards), resources needed (people and equipment) and total cost of implementation. He told the council that staff was prepared to bring back a plan to the council, but needed some some direction and or concensus as to how to proceed in this process. Nelon recapped his understanding of the previous workshop. He thought the Council was pretty close to some consensus. He thought that Council was headed toward a combination Step/Merit System. He also said that there was discussion on whether or not Austin should be included in Market Comprable, as opposed to whatever effect Round Rock would have because of its proximity to Austin. He said that he thought they agreed that it would be great if they could reach market average, but if we could get to 90% of market was probably as close as we could get during the first year of the plan. He also said that in the development of the 3-5 year plan we should include the resources in addition to these other steps. Motion by Snell, second by Noble to direct staff to develop a compsensation structure that is comprised of a combination of step, merit and incentives. Approved (6-0) There was discussion as to whether or not we use a 2% or 2 1/2% on the step and for staff to use both percentages for comparison. There was additional discussion as to how long to run the step system. Council also told staff that it would like to see som comparisons to other cities. There was discussion regarding how inflation plays into plan. There was further disucussion regarding the difference between merit and incentive. There was additional discussion as to whether or not to include Austin in the Market Comprables. Bourland told council that Austin, Round Rock, Cedar Park, Plugerville, on the police side, not fire, and San Marcos. Williamson County was not included in the initial survey. She told them that she would recommend that Round Rock, Cedar Park, and Williamson County. She said that she thought it would be okay to leave out San Marcos and Austin. There was extensive discussion regarding issues related to competition for Austin and whether or not to include Austin in the comparison or not. Bourland told the Council that staff could run the data both ways. Motion by Pfiester, second by Snell to include two options, one to include Williamson County, Cedar Park, and Round Rock and the other to include those three plus Austin. Discussion among the Council as to whether or not Temple should be included in the analysis. Motion by Sansing, second by Noble to amend the motion to add Temple to the study. Approved 44-0} (4-2)* (Snell, Pfieser opposed) (*as corrected by Snell at the Council Meeting on October 22, 2002) Orginal Motion, as amended. Approved-( -0) (5-1)* (Smith opposed) (*as corrected by Snell at the Council Meeting on October 22, 2002) The Council went on to discuss the target market position. Motion by Sansing, second by Smith to target our market position at 90%. Approved (6-0) The Council discussed the need to implement the plan over a 3-5 year period. City Council Meeting Minutes/September 24, 2002 Page 10 of 11 Pages Motion by Noble,second Navarrette to develop a 3-5 year plan of implementation that addresses competitive pay (which includes salaries, benefits, rewards), resources needed (people and equipment) and total cost of implementation, including a prioritization of safety issues, that includes fire, police and residential and that the resources be directed toward those priorities. Approved (6-0) DD Other Appointments 1. Consideration and possible action to appoint anew Chair to the Public Safety Advisory Board -- Mayor Gary Nelon Motion by Navarrette, second by Smith to appoint Paul Webster as the Chair of the the Public Safety Advisory Board. Approved (5-1) (Sansing opposed). 2. Consideration and possible action to approve a subcommittee of the Main Street Advisory Board, to serve as the Downtown Master Plan Steering Committee -- Patty Eason, Main Street Advisory Board Chairperson Motion by Navarrette, second by Pfiester to approve a sub -committee of the Main Street Advisory Board, to serve as the Downtown Master Plan Steering Committee, with a provision to come back after a couple of meetings for a report to council. Approved (6-0) Bryant Boyd, Virgina Stubbs, Glenda Overfeldt, Steve Doering, Clare Easley, Tom Nichols, Gordon Baker, Beebe Gray, David Hayes, Bob Mathis, Renee Hanson, Joyce Perry, Jim Dillard, and Chris Damon are appointed to the subcommittee. Recessed to Executive Session at 9:40 p.m. Meeting adjourned at 10:35 p.m. The meeting was adjourned at 10:35 PM. City Council Meeting Minutes/September 24, 2002 Page 11 of 11 Pages Attest: PAI Cit— y S retary /P(e uty Shirley J. Rinn