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HomeMy WebLinkAboutMIN 09.10.2002 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Laurie Brewer, Controller; Glenn Dishong, Water/Wastewater Services Manager; Anthony Lincoln, Fire Chief; Dennis Schoenborn, Director of Information Resources; Terry Jones, Purchasing Director; Kathy Ragsdale, Utility Office Director There was no Policy Development/Review Workshop at this meeting. Regular Sessio i;oi, convene • There was no Executive Session held at this meeting. Regular R, Called to order at 6:00 p.m - F Comments from the dais regarding the following items: - Opening Comments and Welcome to Audience -- Mayor Gary Nelon Nelon thanked Sun City for hosting the Council for the meeting and explained meeting procedures. He noted that several people had inquired as to whether Sun City development process would be discussed at this meeting. He informed the audience that had not been posted on the agenda and would not be discussed at this meeting. He suggested that the citizens stay involved in the discussions that would take place at the Planning and Zoning Commission meetings and come forward to Council in the future. - Proclamation for 9/11 Remembrance Ceremony Nelon read the proclamation and presented it to Fire Chief Anthony Lincoln. - Proclamation for United Way Day of Caring on September 13, 2002 Nelon read the proclamation and presented it to Tom Yantis, Assistant City Manager and City of Georgetown Coordinator for Georgetown United Way. G Announcements and Comments from City Manager - Upcoming Events Brandenburg noted the community events to be held in remembrance of September 11. - Late -Breaking Headlines City Council Meeting Minutes/September 10, 2002 Page 1 of 7 Pages There were none. H Council Calendar - Williams Drive Corridor Study Meeting on Thursday, September 19, 2002, 7:00 p.m. to 9:00 p.m., to be held at Benold Middle School Cafeteria, 2407 Northwest Boulevard - Williams Drive Corridor Study Meeting on Saturday, September 21, 2002, 10:00 a.m. to 3:00 p.m., to be held at Benold Middle School Cafeteria, 2407 Northwest Boulevard - Council Workshop and Executive Session on Monday, September 23, 2002, at 4:00 p.m., to be held at Development Services, 904 Main, Georgetown - Regular Council Meeting on Tuesday, September 24, 2002, at 6:00 p.m., to be held at Carver Elementary, 1200 W. 17th Street, Georgetown Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate: - Brenda McDonald, 604 West Street, regarding "city's responsibility of negligently and wrongfully euthanizing my dog." McDonald did not address the Council. - B. Keith Peshak, 800 Oak Crest Lane, regarding "crime wave at the airport." Peshak did not address the Council. Don Dison, 607 Esparada, told Council he owns and operates a business at the Airport and also leasees a T -hangar from the City. He spoke to Council regarding Peshak's proposed statement about a crime wave at the airport. He said he feels the Georgetown Police Department is doing an outstanding job throughout the City. He said according to the airport leases, the leasee, and not the City, is responsible for the security of leased property at the airport. He said he has security cameras, alarms, proper lighting, and proper signs on his Airport property. He said he believes that each citizen is primarily responsible for his own property, including crime prevention. He said the Airport Board has recently appointed an Airport Security Committee. He asked Council to give the Security Committee consideration. - Kendall Young, 140 Scissortail Trail, regarding upcoming community events. Young commended the Mayor and Council. He announced the Williamson County Art Guild Gala Dinner on November 9. He also talked about the Williamson County HIV Coalition Raffle on November 21, 2002. J Action from Executive Session Motion by Pfiester, second by Snell to approve $10,000 from Council Contingency for legal expenses associated with Rivery Partners vs. City of Georgetown. Approved 4-1 (Sansing opposed)(Smith absent and Navarrette abstained due to absence from Executive Session) Motion by Pfiester, second by Sansing to provide notice to LCRA that the Council intends to execute its 10% market pricing option plus with LCRA and authorize staff to proceed to bring back final negotiations from a reputable energy supplier and including proposals for managing and forecasting services. Approved 5-0 (Smith absent and Navarrette abstained due to absence from Executive Session) Motion by Pfiester, second by Evans to approve an award of bid to various vendors for electric system materials. Approved 5-0. (Smith absent and Navarrette abstained due to absence from Executive Session) K Consideration and possible action to approve the minutes from the Council Workshop on Monday, August 26, and the Regular Council Meeting on Tuesday, August 27, 2002 -- Sandra Lee, City Secretary L Contracts and Awards of Bid 1. Consideration and possible action regarding contract renewal for Software Maintenance Agreement with Queues Enforth Development, Inc. (Q.E.D.) for $26,735 effective 10/1/2002, one-year annual renewal -- Dennis Schoenborn, Director of Information Resources City Council Meeting Minutes/September 10, 2002 Page 2 of 7 Pages Evans asked and Schoenborn confirmed that this is an annual renewal with a firm that has been on contract with the City since 1999, saying that the type of service performed by this company could not be done by the Information Resources employees. 2. Consideration for authorization to execute a contract with CoCom Technologies for the purpose of furnishing and installing voice and data cabling in the Municipal Complex and Vehicle Service Center in the amount of $47,664.70 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance and Administration 3.. Consideration of an award of bid for renovations to the Council Chambers/Municipal Court to C.P. Snider Construction Company in the amount of $974,000 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance and Administration (Pulled by Nelon for consideration on the Regular Agenda) 4. Consideration for approval of a change order to C. P. Snider Construction Company to reduce the construction costs for renovations to the Council Chambers/Municipal Court in the amount of $115,300 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance and Administration (Pulled by Nelon for consideration on the Regular Agenda) M Consideration and possible action to authorize an application for a Grant of $24,924.00 from the Texas Commission on Fire Protection -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief N Consideration and possible action to approve a resolution of support for the City of Burnet in their application for a grant to build a Texas State Veterans' Home -- Mayor Gary Nelon Motion by Noble, second by Pfiester to approve the Consent Agenda with the exception of Items L-3 and L-4 that were pulled for consideration on the Regular Agenda. Approved 6-0. (Smith absent) Legislative Regular Agenda L -3 Consideration of an award of bid for renovations to the Council Chambers/Municipal Court to C.P. Snider Construction Company in the amount of $974,000 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance and Administration (Pulled by Nelon) Jones explained the item, noting that the Council at their July 9 Council Meeting authorized staff to proceed with bidding to renovate the Council Chamber/Municipal Court Building. He said bids were received and evaluated by Brinkley -Sargent Architects and staff is recommending that the award be made to the low bidder, C. P. Snider Construction of Austin. He estimated that construction would begin at the end of September and be complete before June of 2003. Jones said the current budget is approximately $905,000. He said the change order on the next item will make the total amount a little less than $860,000. He said there will be some asbestos in the building that will need to be remediated. Evans asked and Jones replied that the approximate cost of the abatement of the asbestos in the building will be $25,000. Sansing asked how the change order was achieved. Jones listed that savings were derived from manual as opposed to automatic window coverings, reduction of the cash allowance for the audio/video needs from $95,000 to $35,000 for the Council Chamber, replacing the cast stone cornice around the top of the building with a limestone cornice, and reducing the thickness of the stone on the facade. Noble asked if any more reductions could be made. Jones suggested that the terazzo tile entry could be taken out, but was left in to avoid heavy maintenance costs with other types of flooring. Navarrette asked if there were any other ways to save money in the building. Jones said he could go back to the architect and see if further changes could be made that would not affect the aesthetics of the building. Noble, Sansing and Navarrette explained why they would vote against the award of bid. Motion by Pfiester, second by Evans to approve the award of bid. Mayor Nelon voted to break a tie vote. Approved 4-3. (Sansing, Noble, and Navarrette opposed) L - 4 Consideration for approval of a change order to C. P. Snider Construction Company to reduce the construction costs for renovations to the Council Chambers/Municipal Court in the amount of $115,300 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance and Administration (Pulled by Nelon) Motion by Snell, second by Pfiester to approve the change order. Navarrette said he would vote for this item because it reduces the amount to be paid. Approved 4-2. (Sansing and Noble opposed) City Council Meeting Minutes/September 10, 2002 Page 3 of 7 Pages O Budget Public Hearing and First Readings of Budget Ordinances 1. Public Hearing on the proposed 2002/03 Annual Operating Plan -- Micki Rundell, Director of Finance and Administration Rundell explained that the public hearing is being held as required by law. She demonstrated, with a slide presentation, the proposed 2002/03 Annual Operating Plan. Yantis explained the Council priorities that were funded in the proposed budget and those items that could not be funded this year. Nelon asked for public questions or comments. Della Green, 1901 Vine Street, said she objects to the fact that the City keeps increasing the bond debt service. She complained that the water/wastewater rates and property taxes are also being increased. The public hearing was closed. 2. First 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 Kendall Young, 140 Scissortail Trail, spoke in favor of the sales tax increase to repair the city streets. He said the City portion of the tax bill is a small portion of the total tax bill. He also noted that the Council does not appraise property, saying property is appraised by the Appraisal District. Rundell read only the caption of the ordinance after having satisifed the requirements of the City Charter. Della Green, 1901 Vine Street, said she didn't understand how the City could have so much growth in residential and commercial and yet increase the property tax rate. Rundell explained there is a year lag in collecting property tax. Pfiester explained "Scenario H" as a way to keep from transferring revenue from the Utility Fund to the General Fund. He explaiined that the City has cut the budget for the last two years. Nelon pointed out that when "Scenario H" was put in place, the City's bond rating went up. Motion by Snell, second by Evans to approve the ordinance on first reading. Sansing suggested that Council consider what amenities the citizens are giving up to keep the tax rate low. Noble said he is in favor of the budget and noted that the Council's number one priorty is to work on public safety compensation. Navarrette commended staff in putting together the budget, but will vote against the tax rate. Sansing said, while the dollars are going up, the rate is actually less. Approved 5-1. (Navarrette opposed) 3. First 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 explained the item. Penny Burt, 3803 Roble Grande Circle, commended Council for voting down the tower and commented on Line 9 under Sources and Revenues on Exhibit A of the agenda item. She said the $909,000 represents grant funds that would go into the Airport for certain grant -funded programs. She said the amount of money that will need to be paid back for not participating with the noise study can be taken from the $201,000 from operating revenues. She asked Council not to pay for paving the airport streets with grant funding. She said that would obligate the City for another 20 -year obligation, suggesting that the 114 cent sales tax increase could be used for streets in the Airport. She asked that the $909,000 be eliminated from the line item. Rundell explained that the $909,000 is revenue from appropriations. She said that could be adjusted. Yantis said there is a policy decision that Council needs to make regarding maintenance and operations at the Airport. He said there are outstanding entitlement grants of $150,000 per City Council Meeting Minutes/September 10, 2002 Page 4 of 7 Pages year, and $300,000 has been accumulated, so that decision needs to be made at another time. He said a budget amendment could be made to eliminate the appropriations. Rundell said she would bring back the tower deduction on the second reading of the budget. Rundell read only the caption after having satisfied the requirements of the City Charter. Motion by Evans, second by Pfiester to approve on first reading. Approved 5-1 (Navarrette opposed) 4. First reading of an ordinance amending § 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Director of Finance and Administration Rundell explained the item and read only the caption after having satisfied the requirements of the City Charter. She said there are no changes in the previous ordinance. Motion by Evans, second by Pfiester to approve on first reading. Approved 6-0. 5. Discussion and possible action to adopt a Resolution approving the 2002/03 Project list as the Adopted 2002/03 Budget for the Georgetown Transportaion Enhancement Corporation (GTEC) -- Micki Rundell, Director of Finance and Administration Rundell explaiined the item and the procedure that is required to be followed. Della Green, 1901 Vine Street, asked for and received clarification from Rundell about the debt service for the bonds for the Georgetown Transportation Enhancement Corporation as will be considered on the next item. Rundell read only the caption after having satisfied the requirements of the City Charter. Motion by Pfiester, second by Evans to approve the Resolution. Approved 6-0. P Consideration and possible action to authorize First Southwest Company to proceed with the preparation of the required bond offering documents for the upcoming 2002 bond issues -- Micki Rundell, Director of Finance and Administration Rundell explained that this is a planned bond issuance scheduled for October. She said they will be revenue bonds that will be repaid through utility fees and are not part of the tax base bonds. She said they will fund the expansion of the Lake Water Treatment Plant, with another bond issue being authorized for the Rivery-related improvements that will be GTEC bonds. Pfiester confirmed with Rundell that the Council agreed to issue certificates of obligation. Motion by Pfiester, second by Evans to approve. Approved 6-0. Q Consideration and possible action to direct staff to investigate options for the increased maintenance and operation of existing water quality ponds throughout the community and bring to Council recommended plans for implementing such measures -- Councilmember Gabe Sansing Sansing proposed that staff provide some options to allow staff to maintain the water quality ponds. Evans asked if it could be put in future development agreements that the developers must maintain the ponds. Assistant City Manager for Utility Operations, Jim Briggs, said there are two types of ponds that are required. He said stormwater detention is required from one property to the next property such as in Churchill Farms, and the funds for maintaining detention ponds have historically come from the stormwater utility fund which has been used up on projects other than Churchill Farms. He said water quality ponds are maintained by the property owners through agreements. He said TCEQ (formerly TNRCC) does not have the staff to enforce the maintenance of the water quality pond by the property owner. He said property owners are not qualified to maintain the ponds and there is no one to instruct them as to how it should be done. Nelon suggested that the responsibility be brought to the attention of the property owner with a mechanism provided to take care of the ponds that are being left unattended. Briggs suggested that the City's duty should be to assist the property owners to become compliant. Pfiester asked how it is calculated that the pond is out of compliance and who is allowed to enforce. Briggs said samples can be tested and currently TNRCC (TCEQ) is the only entity that can enforce compliance. There was further discussion regarding the City's position in taking care of these ponds. It was confirmed that the City is purchasing a piece of equipment to be used to maintain detention ponds. Snell asked if there is a precedence for cities to assume this responsibility. Briggs responded that he would contact TCEQ about allowing the City to act as their enforcement agent. Motion by Sansing, second by Noble, to direct staff to offer options to Council for preparation of an enforcement policy for maintenance of water detention facilities. City Council Meeting Minutes/September 10, 2002 Page 5 of 7 Pages Motion by Navarrette, second by Evans to amend the motion to direct staff to bring back options for inceased maintenance and operations of existing water quality ponds and detention ponds. Approved 6-0. Vote on Original Motion as Amended: Approved 6-0. R Appointments 1. Consideration and possible action to approve the appointment of Dr. Ronald Swain to the Capital Area Economic Development District (CAEDD) Board of Directors -- Mayor Gary Nelon Motion by Evans, second by Sansing to approve the appointement. Approved 6-0. 2. Consideration and possible action to approve the appointment of John Barnes Chapman to the Historic Architectural Review Commission to fill a vacant position -- and Micki Mayor Rundell, Gary Nelon Director of Motion by Snell, second by Evans to approve the appointment. Approved 5-1. (Sansing opposed) S Special Election 1. Second Reading of an Ordinance ordering a Special Election to be held on Tuesday, November 5, 2002, for the purpose of proposing a one-quarter (114) cent increase in the current city sales tax to provide revenue for maintenance and repair of municipal streets; establishing procedures for said election; and authorizing the Mayor to sign a contract with the Williamson County Voter Registrar for administration of said election -- Sandra D. Lee, City Secretary Lee read the caption only of the ordinance on second reading. Della Green, 1901 Vine Street, asked if 1/4 of the previous 1/2 cent sales tax could go toward the repair of streets. She said she thought the previous sales tax should have gone to repair of streets rather than new transportation. Pfiester noted that the previous 1/2 cent increase is for new roads and sidewalks and not for repair of existing streets. Rundell confirmed and said the use also must have an economic impact on the community. She said the proposed 1/4 cent is allowed for maintenance of existing city streets. Pfiester said if the City is going to maintain streets, the City would need to either raise property taxes or sales taxes, pointing out that this proposed 1/4 cent sales tax increase would be paid not just by citizens, but by anyone purchasing anything in Georgetown. He also noted that the sales tax increase has a "sunset clause" that will require the tax to come before the voters again in four years if it is to be continued. Motion by Pfiester, second by Noble to approve Ordinance No. 2002-56. Approved 6-0. 2. Consideration and possible action to approve a resolution adding another proposition to the ballot for the Special Election to be held on November 5, 2002, to include the question as to the adoption of the firefighters' civil service law for the Georgetown Fire Department -- Sandra D. Lee, City Secretary and Patricia E. Carls, City Attorney Lee explained the item and read the caption of the resolution. Motion by Navarrette, second by Sansing to approve the resolution. Approved 6-0. T First Readings 1. First 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 after having satisfied the requirements of the City Charter. Motion by Snell, second by Pfiester to approve the ordinance on first reading. Approved 5-1. (Noble opposed) 2. First reading of an ordinance amending wastewater rates to reflect the cost of providing service -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of and Administration Finance City Council Meeting Minutes/September 10, 2002 Page 6 of 7 Pages Rundell explained the item and read only the caption after having satisfied the requirements of the City Charter. Evans asked if residential and commercial is charged the same rate. Rundell explained that there is two components to the residential rate, using "winter averaging" which means their water use during the winter is used to determine their monthly sewer rate for the next year. She said commercial customers pay a rate based on their actual water use. Briggs responded that the commercial properties pay according to the volume of water they use. He said the ordinance has a provision for industrial pretreatment charges for commercial customers who become out of compliance in their discharge, saying they are assessed a larger surcharge "on top of their volumetric fee. Motion by Noble, second by Pfiester to approve on first reading. Approved 5-1. (Navarrette opposed) 3. First reading of an ordinance amending chapter 6.16 "Peddlers and Solicitors" of the Georgetown Code of Ordinances -- Patricia E. Carls, City Attorney Carls gave Council some background on a Supreme Court decision on a case heard that prevents cities from requiring religious organizations to obtain a permit to go door-to-door. She said the revised ordinance now contains language to that effect as well as language regarding fingerprint identification and language regarding the ability to refuse a permit to someone who has a criminal history. Carls read only the caption after having satisfied the requirements of the City Charter. Motion by Pfiester, second by Navarrette to approve on first reading. Approved 6-0. U Items Forwarded to the City Council from the Georgetown Utility System Advisory Board 1. Consideration and possible action to approve the contract, between the City of Georgetown and Royal Vista, Inc., for replacement of the water and wastewater lines on Hutto Road -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item and told Council that the GUS Board unanimously approved the item with the caveat that the required additional funding be secured without increasing the City's indebtedness. He said the additional funding has already been identified in savings from future projects. Motion by Evans, second by Pfiester to approve the contract. Approved 6-0. 2. Consideration and possible action to approve the contract, between the City of Georgetown and Dunham Engineering, Inc., to provide professional services related to the rehabilitation of the Sequoia Spur Ground Storage Tank -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item. Motion by Evans, second by Pfiester to approve the contract. Approved 6-0. 3. Consideration and possible action to approve the award of annual bid for water meters and accessory kits to U.S. Filter, in the amount of $82,328.00 -- Terry Jones, Support Services Director and Jim Briggs Assistant City Manager for Utility Operations Jones explained the item. Motion by Pfiester, second by Evans to approve the award of bid. Approved 6-0. The meeting was adjourned at 08:12 PM. City Council Meeting Minutes/September 10, 2002 Page 7 of 7 Pages