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HomeMy WebLinkAboutMIN 10.26.2004 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% li Council Absent. Patty Eason, Doug Smith, Henry Carr, John Kirby, ii Gabe Sansing Farley Snell, Ben Oliver Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Eric Lashley, Library Director; Travis McLain, Airport Manager; Kathy Ragsdale, Utility Office Director; David Munk, Development Engineer; Melissa McCollum, Development Planner; Glenn Dishong, Water Services Manager; Mike Mayben, Energy Services Manager; Mark Miller, Transportation Services Manager A Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline - E. 0. Sharp Butane Co., Inc. v. City of Georgetown, Texas, Cause No. A -04 -CA -299 -SS, in the United States District Court, Western District of Texas, Austin Division Sheryl Hayes-Pupko vs. Williamson County, Texas, Derrick Dutton, City of Georgetown, Texas, Neil Crawford, Cause No. 04-961-C277, in the District Court of Williamson County, 277th District. - Discussion and possible action regarding request by investor to refinance pre-existing debt of Georgetown Health Authority and/or Georgetown Health Facilities Development Corporation as it relates to the Georgetown Hospital System and the North Texas Treatment Center - Legal Advice Regarding Agenda Items and other Matters B Sec.551.087 Economic Development - Discussion or deliberation regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City and with which the City is conducting economic development negotiations There was no Executive Session held at this meeting. Regular Session C Call to Order The meeting was called to order at 6:00 p.m. D fledge of Allegiance Mayor Nelon led the Pledge. E Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon City Council Meeting Minutes/October 26, 2004 Page 1 of 7 Pages Mayor Nelon welcomed the audience and gave a brief overview of meeting procedures. F Announcements and Comments from City Manager Brandenburg reminded everyone that early voting would continue through this Friday for Election Day next Tuesday, and reminded Georgetown voters about the four propositions on the back side of the ballot. G Public Wishing to Address Council - Wayne McKee with Pedernales Electric Cooperative (PEC) to update customers on recent PEC activities Sandra Taylor of Pedernales Electric Cooperative spoke to Council. She delivered a franchise check for July 1 through September 30. She announced the grand opening of the new office at 105 Wildwood, in Cedar Breaks Village, and spoke to Council about the WOW Program, Watch out for Wires, 48-hour notice for digging around wires, noting that failure to call PEC in advance could result in fines and possibly injury or death. - Mike Aaronson regarding a Non -Denominational Maternity Home Nancy Simpson, Program Services Director of Anunciation Maternity Home, spoke to Council about the licensed maternity home one-half mile south on Shell road, for 14 years and older, with day and residential programs. She said the home provides high school and day care, shelter, food, life skills training, medical and dental care. She said they are a private, non-profit organization funded by the Austin Diocese. - Keith Peshak regarding review of the 4th and 8th Amendments to the Constitution of the United States and affirmation that they do indeed apply in Georgetown and Williamson County, along with the Federal Freedom of Information Act Peshak said he has spoken to people about needing to remove the police chief. He recounted the story about the ticket he received for riding his bicycle and said he wants to know why a team of police officers held him at gunpoint at his home outside the city limits. He spoke about a letter he received from the Texas Attorney General. When his three minutes were over, he asked to be signed up for the next council meeting. H Action from Executive Session There was no action from Executive Session. Consideration and possible action to approve the minutes of the Council Workshop on Monday, October 11, the Regular City Council Meeting of Tuesday, October 12, and the Special Council Meeting on October 18, 2004 -- Sandra Lee, City Secretary J Consideration and possible action to apply for the Gametime Healthy Kids Grant in the amount of $13,412 for a playground for Summercrest Park -- Kimberly Garrett, Asst. Director of Recreation and Programs and Randy Morrow, Director of Community Services K Consideration and possible action to approve and clarify the funding request for an in-kind donation from Parents for Pride for Project Graduation and the procedure to fund the request -- Paul Brandenburg, City Manager L Consideration and possible action authorizing the purchase of ten (10) sets of Personal Protective Equipment (bunker gear) from Ferrara Firefighting Equipment in the amount of $15,230.00 -- Anthony Lincoln, Fire Chief M Consideration and possible action to authorize application for a non-matching fund grant for two Automated External Defibrillators (AED) from The State of Texas Office of Rural Community Affairs -- Anthony Lincoln, Fire Chief N Consideration of and possible action to approve a resolution supporting the Central Texas Library System Advisory Council's decision to form a regional library system organized as a nonprofit corporation as authorized by the Texas Library Systems Act -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Pulled by Eason to the Regular Agenda that follows for clarification and discussion. O Consideration and possible action on a Final Plat of a Resubdivision of City of Georgetown, Block 24, Lots 1-8, to be known as Block 24 Subdivision, located between Austin Avenue and Main Street, 4th Street and 5th Street -- Carla Benton, Development Planner and Amelia Sondgeroth, Director, Planning and City Council Meeting Minutes/October 26, 2004 Page 2 of 7 Pages Development P Consideration and possible action regarding the contract for Municipal Court prosecutor services -- Patricia E. Carls, City Attorney Pulled by Eason to the Regular Agenda that follows for clarification and discussion. Speaker, Keith Peshak, told Council he has determined there are $25 million worth of revenue enhancement actions per year from Municipal Court fines. Motion by Smith, second by Kirby to approve the Consent Agenda with the exception of Items N and P that were pulled to the Legislative Regular Agenda. Oliver abstained from Item I. Approved 6-0. (Sansing absent) N Consideration of and possible action to approve a resolution supporting the Central Texas Library System Advisory Council's decision to form a regional library system organized as a nonprofit corporation as authorized by the Texas Library Systems Act -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Pulled by Eason for clarification and discussion. Eason asked and Lashley responded that this arrangement would not change the relationship of the City Library with the City of Georgetown or the Central Texas Library System and has nothing to do with the funding of the Library. Motion by Eason, second by Oliver to approve the resolution. Approved 6-0. (Sansing absent) P Consideration and possible action regarding the contract for Municipal Court prosecutor services -- Patricia E. Carls, City Attorney Pulled by Eason for clarification and discussion. Eason asked and Carls explained the long-term relationship with Lucas Wilson, the current Municipal Court prosecutor. Carls explained that this a contract for professional service, giving the City latitude to contract without going through the public Request for Qualifications process. Motion by Eason, second by Carr to approve the contract. Approved 6-0. (Sansing absent) Q Consideration of and possible action to authorize the Mayor to execute an Assignment of Airport Lease Agreement from Trinity Aviation, Inc. to First Texas Bank and to approve a Memorandum of Lease -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Mayor Nelon recused himself for this item. Mayor Pro Tem Doug Smith conducted this item. There were questions from the Council. Speaker, Keith Peshak, said he doesn't understand why Trinity Aviation has to go to First Texas Bank. He said he was confused. Motion by Kirby, second by Carr to approve. Approved 6-0. (Sansing absent) Mayor Nelon returned to the dais. R Consideration of and possible action to authorize the Mayor to execute a Professional Services Agreement with PBSU for the design of an Air Traffic Control Tower, not to exceed $233,200.00 -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager McLain explained the item. Speaker, Keith Peshak, said he doesn't understand the expense of a quarter of a million dollars for the design of the control tower, because he has seen a rendering of the control tower at the Airport. He said the tower is needed because of a flight school at the Airport and because the big jets can't come to the airport without a control tower. City Council Meeting Minutes/October 26, 2004 Page 3 of 7 Pages Smith asked and McLain responded that the hours of operation for the tower would be 6:00 a.m. to 10:00 p.m. Kirby said he supports the control tower, but he said he thinks the design cost is too high. McLain noted that this cost will be for the design and installation of the equipment as well as the building. Motion by Snell, second by Carr to approve the Agreement for the design of the control tower. Approved 6-0. (Sansing absent) S Consideration and possible action to authorize, if the library bond is approved on November 2, 2004, for the Georgetown Public Library to submit an application to the Kresge Foundation's Green Building Planning Grant Program for a grant of $100,000 -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Lashley explained the item. Oliver asked and Lashley responded that the architect will look for a "lead" certified consultant qualfied for doing "green" building. Eason said she is proud that Georgetown is interested in doing this. Motion by Eason, second by Smith to approve the grant application. Smith asked and Lashley confirmed that the $100,000 could be used for anything to enhance the Library. Approved 6-0. (Sansing absent) T Second Readings 1. Second 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 explained the item and read only the caption on second reading. Motion by Snell, second by Smith to approve Ordinance 2004-65. Approved 6-0. (Sansing absent) 2. Second Reading of an ordinance amending wastewater rates to reflect the cost of providing service -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Rundell explained the item and read only the caption on second reading. Motion by Smith, second by Oliver to approve Ordinance 2004-66. Approved 6-0. (Sansing absent) 3. 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 Rundell explained the item and read only the caption on second reading. Eason asked how soon the curbside recycling could be started. Rundell said the program would begin in the next 30 days. Kirby asked how the program will be expanded and Rundell responded there would be expansion of the curbside recycling along with a quarterly bulky waste pick-up at the curb. Motion by Eason, second by Smith to approve Ordinance 2004-67. Approved 6-0. (Sansing absent) 4. Second Reading of an ordinance amending electric rates and rate structure to reflect the cost of providing service -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration. Rundell explained the item and read only the caption on second reading. Oliver asked and Rundell responded about the rebundling. Smith said if the cost goes down, the rate would be adjusted. Motion by Kirby, second by Eason to approve Ordinance 2004-68, Approved 6-0. (Sansing absent) 7. Second Reading of an ordinance amending the current Miscellaneous and Other Services and Charges section of Article VII, and establishing a fee for payment plan administration -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained the item and read only the caption on second reading. Oliver asked if this is a way to set up a payment plan. Ragsdale said this is set up to handle past -due balances at previous addresses. Motion by Snell, second by Carr to approve Ordinance 2004-71. Approved 6-0. (Sansing absent) 5. Second Reading of an ordinance amending the current Miscellaneous and Other Services and Charges section of Article VII, which specifically relate to utility service connections -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration City Council Meeting Minutes/October 26, 2004 Page 4 of 7 Pages Ragsdale explained the item and read only the caption on second ream ig. Motion by Eason, second by Kirby to approve Ordinance 2004-69. Approved 6-0. (Sansing absent) 6. Second Reading of an ordinance amending the current miscellaneous meter tampering ordinance and establishing a fee for violations of the ordinance -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained the item and read only the caption on second reading. Motion by Kirby, second by Eason to approve Ordinance 2004-70, Approved 6-0. (Sansing absent) 8. Second Reading of an ordinance approving the final project and financial plan for the Wolf Ranch Tax Increment Reinvestment Zone (TIRZ) -- Micki Rundell, Director of Finance and Administration Rundell explained the item and read only the caption on second reading. Motion by Eason, second by Carr to approve Ordinance 2004-72. Approved 6-0. (Sansing absent) 9. Second Reading of an ordinance amending Chapter 6.40 of the Code of Ordinances relating to alcoholic beverages to address recent changes in the law -- Trish Carls, City Attorney Carls explained the item and read only the caption on second reading. She told Council she included the definition of "private school" in the ordinance and explained that Southwestern is not included in the TABC description of "private school." She read only the caption on second reading. Motion by Snell, second by Smith to approve Ordinance 2004-73. Approved 6-0. (Sansing absent) U Public Hearings / First Readings 1. First Reading of an ordinance for a Comprehensive Plan Amendment for Dalrymple Addition, Block A, Lots 1-2 & 5-6 to change the Intensity Plan from Level 3 to Level 4, located in the 1200 block between Hart and Timber Streets -- David Munk, Development Engineer and Amelia Sondgeroth, Director, Planning and Development Munk explained the item and read only the caption of the ordinance on first reading. There were questions from the Council. Smith asked and Munk said the developer would like to put eight units on this property. Snell clarified that the intensity level is an indicator of the utility capacity for the property. He said if the Council wanted to make a judgment on "how crowded" an area can be, there will need to be a different mechanism. Oliver agreed that the control comes with zoning and approval of the site plan that the Council hasn't seen. He expressed concern at the number of units planned for the property. Motion by Smith, second by Carr to approve on first reading. Approved 5-1. (Oliver opposed)(Sansing absent) 2. Public Hearing to consider Rezoning 41.523 acres in the Fredrick Foy Survey, from A, Agricultural to PUD, Planned Unit Development, to be known as Planned Unit Development of Sun City Georgetown, Neighborhood Twenty "A", located west of Sun City Boulevard at Armstrong Drive — Mclissa McCallum, Development Planner and Amelia Sondgeroth, Director, Planning and Development McCollum explained the item. The Public Hearing was opened at 6:52 p.m. There were no comments. The Public Hearing was closed at 6:52 p.m. 3. First Reading of an ordinance Rezoning 41.523 acres in the Fredrick Foy Survey, from A, Agricultural to PUD, Planned Unit Development, to be known as Planned Unit Development of Sun City Georgetown, Neighborhood Twenty "A", located west of Sun City Boulevard at Armstrong Drive — Mclissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development MCollum read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Snell clarified that the City has already agreed to annex pieces of Sun City because of the development agreement. He asked McCollum to explain the relationship of this land with the "northern lands." McCollum said the northern lands are further north of this property and not contiguous. Motion by Carr, second by Kirby to approve the ordinance on first reading. Approved 6-0. (Sansing absent) 4. Public Hearing to consider to Rezoning 41.065 acres in the Burrell Eaves Survey, from A, Agricultural to PUD, Planned Unit Development, to be known as Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -Seven, located east of Sun City Boulevard at San Saba Drive — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development McCollum explained the item. The Public Hearing was opened at 6:55 p.m. There were no comments. City Council Meeting Minutes/October 26, 2004 Page 5 of 7 Pages The Public Hearing was closed at 6:55 p.m. 5. First Reading of an ordinance Rezoning 41.065 acres in the Burrell Eaves Survey, from A, Agricultural to PUD, Planned Unit Development, to be known as Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -Seven, located east of Sun City Boulevard at San Saba Drive. . Melissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development MCollum read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Eason to approve the ordinance on first reading. Approved 6-0. (Sansing absent) 6. Public Hearing to consider designating a contiguous geographic area within the City of Georgetown consisting of approximately 66(+/-) acres in size, generally located around the Williamson County Courthouse Square, south of the South San Gabriel River and north of University Blvd., for tax increment financing purposes pursuant to Chapter 311 of the Texas Tax Code; creating a Board of Directors for such zone; containing findings and provisions related to the foregoing subject; and providing a severability clause --Tom Yantis, Assistant City Manager Yantis explained the item. The Public Hearing was opened at 6:57 p.m. There were no comments. The Public Hearing was closed at 6:57 p.m. 7. First Reading of an Ordinance designating a contiguous geographic area within the City of Georgetown consisting of approximately 66(+/-) acres in size, generally located around the Williamson County Courthouse Square, south of the South San Gabriel River and north of University Blvd., for tax increment financing purposes pursuant to Chapter 311 of the Texas Tax Code; creating a Board of Directors for such zone; containing findings and provisions related to the foregoing subject; and providing a severability clause --Tom Yantis, Assistant City Manager Yantis read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Snell clarified that the taxes on increased value of the property within the zone would go into a separate fund to be administered by a board of directors, decisions on how to spend the money would come from the board to the Council for approval, and the Council could **not add projects for the spending of the money. Kirby confirmed that there is a 25 -year time limit. Yantis noted that there will be language clarification provided in the second reading as requested by Kirby. Oliver asked and Yantis responded that the total assessed value of the City is over a **rnitainn billion dollars, and this is 15% of the total assessed value. It was clarified that Williamson County has been asked to participate in the zone. Smith asked and Yantis confirmed that the property owners have been informed through a required general notification by publication in the newspaper. Smith asked if the boundaries could ever be changed. Carls said there is a process for changing the boundaries through public hearing and ordinance amendment. Motion by Kirby, second by Eason to approve the ordinance on first reading. Approved 6-0. (Sansing absent) * as corrected by Farley Snell at the November 9, 2004 Council Meeting **as corrected by Ben Oliver at the November 9, 2004 Council Meeting V Items Forwarded from Georgetown Utility Systems (GUS) Board 1. Consideration and possible action to approve a contract amendment between the City of Georgetown and Kasberg, Patrick, and Associates, L.L.P. in the amount of $77,050.00 for professional services related to the design of the Pecan Branch Wastewater Interceptor Phase III -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item. Motion by Carr, second by Oliver to approve the contract amendment. Approved 6-0. (Sansing absent) 2. Consideration and possible action on a recommendation to approve a contract between the City of Georgetown and Southwestern University for the long-term supply of Type I reclaimed water for irrigation and cooling tower use -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item. Snell clarified that this is a standard contract that could be used with other customers. Motion by Smith, second by Kirby to approve the contract amendment. Approved 6-0. (Sansing absent) City Council Meeting Minutes/October 26, 2004 Page 6 of 7 Pages 3. Consideration and possible action on a recommendation for award of u d for spun -cast prestressed concrete poles to Newmark International, Inc., in the amount of $67,906.00 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item. Motion by Snell, second by Carr to approve the award of bid. Approved 6-0. (Sansing absent) W Item Forwarded from Georgetown Transportation Enhancement Corporation (GTEQ Board Consideration and possible action to award the bid for the construction of Tasus Way to Austin Engineering Company, Inc in the amount of $194,695.50 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item. Motion by Smith, second by Oliver to approve the award of bid. Approved 6-0. (Sansing absent) X Consideration and possible action to award the bid for all lines of property, liability and workers' compensation insurance for FY 04/05 for the City of Georgetown through its participation in the Texas Municipal League Intergovernmental Risk Pool (TML -IRP), pursuant to the terms of the Interlocal Agreement between the City and TML -IRP -- Tom Yantis, Assistant City Manager Yantis explained the item. Motion by Eason, second by Carr to approve the award of bid. Approved 6-0. (Sansing absent) Y Consideration and possible action regarding the appointment of Rachel McNutt, Kammie Wolfman, Jacob Wolfman, and Jonathan Patterson and reappointment of Elissa Delmatier to the Georgetown Youth Advisory Board -- Mayor Gary Nelon Nelon explained the item. Motion by Snell, second by Kirby to approve the appointments. Approved 6-0. (Sansing absent) Z Consideration and possible action regarding the appointment of Patti Jennings Moore, Judy Johnston, and Danielle Cunniff Plumer to the Library Advisory Board to fill vacancies created by the resignations of Zygmund Kasner, Marsha McGuire, and Gerald Sensabaugh, respectively -- Mayor Gary Nelon Nelon explained the item. Motion by Eason, second by Smith to approve the appointments. Approved 6-0. (Sansing absent) The meeting was adjourned at 07:18 PM. City Council Meeting Minutes/October 26, 2004 Page 7 of 7 Pages Attest: Secretary Sandra Lee Meeting Date i.f Agency n No. STATE OF TEXAS ) } CONFLICT OF INTEREST AFFIDAVIT COUNTY OF WILLIAMSON ) y tom` reside at Ll 1aG- am a member of they fes-. (City Council or name of City board, committee or commission)of the City of Georgetown, and I hereby make this affidavit and on my oath state the following: "I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. "I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable). A. "Substantial Interest" I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity. I or a person related to me in the first or second degree have an ownership of $15,000 or more of the fair market value of the business entity. more. I or a person related to me in the first or second degree received funds from the business entity in excess of 10% of my/his/her gross income for the previous year. I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. B. "Economic Interest" I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. C. "Other" fFor reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason) —/ez,!�r_�^ "Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation, discussion and voting involving the matter identified in the above -referenced agenda item whatsoever. Further, Affiant sayeth not." Affiant's Printed N Date: i 011- (a / e BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN SS9t11Ud�t ,� SANDRA gry{ *aN&W Pubk Stateof Texas • my apiroa JANUARY 3, 2006 day of Z/ elu5 , 200 Notary Public in and for the State of Texas County of Williamson THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING, IF AFFIANT HAS CHECKED ANY OF THE ITEMS UNDER SECTION "A" RELATING TO "SUBSTANTIAL INTEREST," A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARY FOR THE CITY OF GEORGETOWN. Conflict of Interest Affidavit