HomeMy WebLinkAboutMIN 10.12.2004 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: Council Absent:
it Patty Eason, Gabe Sansing, Doug Smith, Henry 1,i Ben Oliver
ji Carr, John Kirby, Farley Snell
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;
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.O. 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
Legal issues related to proposed MUD #15
Discussion regarding street assessment authority
Legal Advice Regarding Agenda Items and other Matters
- Discussion regarding street assessment authority
B Sec.551.087: Deliberations Regarding Economic Development Negotiations
- Potential abatements and incentives for prospective downtown development projects
C Sec.551.072 Deliberation on Real Property
- Discussion and possible action concerning the purchase of right-of-way and easements for improvements to SH 29 West
and CR 265
- Discussion and possible action regarding acquisition of property related to the proposed South West Bypass Project
D Sec.551.086 Public Power Utility Competitive Matters
- Discussion of competitive matters and confidential information relating to the City's electric utility
There was no Executive Session held during this meeting.
E Call to Order
Called to order at 6:00 p.m.
F Pledge of Allegiance
Mayor Nelon led the Pledge.
G Comments from the dais
- Welcome to Audience and Opening Comments -- Mayor Gary Nelon
Mayor Nelon welcomed the audience and gave a brief overview of the meeting procedures.
H Announcements and Comments from City Manager
Brandenburg made the following announcements:
City Council Meeting Minutes/October 12, 2004
Page 1 of 6 Pages
Early voting for the November 2 Election will take place from October 16 through October 29. Please
refer to the City's website at www.georgetown.org for early voting times and locations
The final open house regarding the Bond Election will be held on Monday, October 25, from 6:00 to 7:30
p.m. at the at Williamson County Maintenance Facility, located at 3151 SE Inner Loop. For detailed
information about the proposed facilities, visit the Facilities Bond Program page on the City's website.
Public Wishing to Address Council
- John Brand regarding service from Verizon.
Brand recounted to Council his frustrations with Internet and DSL service from Verizon. He said he
discontinued service with them.
- 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 told Council he filed a Freedom of Information Request and has still not received a response from
the City. He also claimed that a Georgetown Police Officer held a shotgun on him at his residence
outside the City Limits without a warrant. He also spoke to Council about having received a traffic ticket.
He asked to continue his information at the next meeting.
J Action from Executive Session on Monday, October 11, 2004
Motion by Smith, second by Carr to approve the acquisition of an easement related to the SH29 and CR265
improvements consistant with the discussion and direction given by Council in Executive Session on Monday,
October 25. Approved 7-0.
s • •- •` .;
K Consideration and possible action to approve the
minutes of the
Council
Workshop on
Monday, September 27,
and the Regular City Council Meeting of
Agenda in its entirety with the correction to Item X of the
Tuesday,
September
28,
2004 --
Sandra
Lee,
City
Secretary
absent)
L Consideration of authorization for Paul Brandenburg, Georgetown City Manager, to sign a contract permitting
the Georgetown Public Library to receive direct financial aid in the amount of $6,138.00 from the Texas State
Library and Archives Commission
M Consideration and possible action regarding the annual contract renewal and additional development and
support services for the City's Issue Manager Software with ClearFrame, Inc. -- Dennis Schoenborn,
Information Technology Director
N Consideration and possible action on a Public Review Final Plat for 18.071 acres situated in the Burrell Eaves
Survey, to be known as Sun City Georgetown, Neighborhood Thirty -Three, located north of Texas Drive --
Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Community Development
Motion
by
Kirby, second by Carr
to approve
the
Consent
Agenda in its entirety with the correction to Item X of the
Minutes
of
September 28, 2004.
Approved
6-0.
(Oliver
absent)
O Consideration and possible action authorizing library staff to purchase books from Ingram, Inc. in an amount
not to exceed $90,000 for fiscal year 2004-05 -- Eric Lashley, Library Director and Randy Morrow, Director of
Community Services
Lashley explained the item, saying Ingram gives good discounts and will not charge for shipping if the order is
over $50,000.
Speaker, Keith Peshak, said he supports the Library because the Library could educate the Council about the
Constitution and its applicability. He said he noticed that the plan is for the Police Department to take over the
old Library building. He asked that the Library not be turned into another government building. He said there
are too many city buildings. He said he thinks the Library should stay like it is.
Motion by Sansing, second by Carr to approve. Approved 6-0. (Oliver absent)
P Consideration of and possible action to approve a Resolution requesting federal Non -Primary Entitlement
Funds from the Texas Department of Transportation -- Travis McLain, Airport Manager; Tom Yantis, Assistant
City Manager
McLain explained the item. He said only one bid was received and was $160,000 over the engineer's estimate.
City Council Meeting Minutes/October 12, 2004
Page 2 of 6 Pages
He said the entitlement funaa if $150,000 will be added to the $500,000 alreaay designated, and the project will
be rebid with some changes in the format to have a one -item base bid with alternates. This will allow TXDOT
the flexibility to pick and choose bids that fit the budget. He said direct mail notices will be sent to as many area
contractors as possible to make sure they are aware of the project.
Speaker, Keith Peshak, told Council he is a pilot and aircraft owner and rents a hangar from the City. He said
he doesn't think the expansion needs to be done at the Airport to accomodate bigger planes. He showed
Council some pictures of what he considers to be large airplanes at Georgetown Airport.
Snell asked about the delay from the time the Council approved the project until now. McLain said it took time
to select the design consultant, have them draw up the plans and specs, and prepare the advertisement of the
bid. He said the project was also delayed because of receiving only one bid. Smith confirmed with McLain that
this project is for rehabilitation, not expansion.
Motion by Snell, second by Sansing. Approved 6-0. (Oliver absent)
Q Consideration and possible action to renew the contract between the City of Georgetown and Prime Controls,
LP. (formerly 1&C Sales) of Carrollton, Texas, for SCADA system technical services in the amount of
$48,850.00 -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility
Operations
Mayben
explained
the item and noted that
this firm is
the sole source provider in the State. Motion by Smith,
second
by Kirby to
approve. Approved 6-0.
(Oliver
absent)
R Consideration and possible action to approve a contract with Lucas Adams not to exceed $34,500 to produce
the 2005 Visitors' Guide to Georgetown -- Cari Miller, Tourism Coordinator; Shelly Hargrove, Main Street
Manager; and Randy Morrow, Community Services Director
Miller explained the item, saying Adams produced the 2004 Visitors' Guide.
Speaker, Keith Peshak, suggested that the Visitors' Guide be updated to show that the City has a thriving
commercial airport.
Snell confirmed that the amount to be supplied from the hotel/motel tax funds is a maximum of $7,000. Miller
noted that the $34,500 is the total amount to be spent on the Guide.
Motion by Sansing, second by Carr to approve. Approved 6-0. (Oliver absent)
Carr left the meeting.
S Consideration and possible action to approve a resolution expressing official intent to reimburse net costs for
the purchase of the 2004/05 Capital Projects and Equipment, not to exceed $1,284,775 with proceeds from
bonds that will be issued at a later time -- Micki Rundell, Director of Finance and Administration
Rundell explained the item, saying the debt will be issued in Spring of 2005. There were questions and
comments from the Council. Kirby asked and Yantis explained that the $150,000 for design is an amount not to
exceed. He said the City has not yet negotiated with Croslin and Associates to determine the exact amount. He
explained that this building will be a multi -company fire station with more bays to store reserve apparatus. Kirby
said he thinks $150,000 is too much. Rundell noted that the contract will be brought to the Council for approval.
Snell clarified that this has already been approved in the budget.
Motion by Sansing, second by Snell to approve the resolution. Approved 5-0. (Oliver and Carr absent)
T Second Readings
1. Second Reading of an ordinance Rezoning 18.071 acres in the Burrell Eaves Survey, from A, Agricultural
District to PUD, Planned Unit Development District, to be known as Sun City Georgetown, Neighborhood
Thirty -Three, located north of Texas Drive. — Melissa McCollum, Development Planner and Amelia
Sondgeroth, Director, Planning and Development
McCollum read only the caption of the ordinance on second reading. Motion by Kirby, second by Sansing
to approve Ordinance 2004-62. Approved 5-0. (Oliver and Carr absent)
2. Second Reading of an ordinance providing for the adoption of the Downtown Master Plan as anew
element of the Century Plan -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director,
Planning and Development
City Council Meeting Minutes/October 12, 2004
Page 3 of 6 Pages
Polasek noted that this ordinance was read for first reading in November of last year, and revisions were
requested at a workshop in January, and those revisions have now been made. He read only the caption
on second reading. Motion by Snell, second by Kirby to approve Ordinance 2004-63. Approved 4-1.
(Sansing opposed, Oliver and Carr absent from the dais.)
Polasek noted that a majority of five votes was needed for an ordinance concerning the Century Plan.
Sansing changed his vote, saying he was making a statement about the historic nature of the bridges.
Carls clarified with Sansing that he was not in opposition to the entire Master Plan document, just the bridge
portion.
Approved 5-0. (Oliver and Carr absent from the dais.)
3. Second Reading of an ordinance to modify the Future Land Use Plan for 94.34 acres situated in the Barney
C. Low Survey, by reducing the size of the commercial node from 25 to 14 acres, and to change the Mixed
Use area to Residential, located at the SW corner of FM 1460 and Westinghouse Road -- Ed Polasek,
Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development
Polasek read the caption of the ordinance on second reading. Eason asked if the development would be
like the TeraVista Development in Round Rock. Brandenburg said it will not be a part of TeraVista or have
the density or size of lots as in TeraVista. She also asked if the applicant is the builder. Carls said she is
not sure that the developer plans to be the builder in this case. She said the Development Agreement will
be brought to the Council in November. Carls said the purpose of this ordinance is to reduce the
commercial node. Sondgeroth said this parcel will not be part of the MUD and probably won't be developed
by Newland Properties because it is commercial, not residential.
Motion by Sansing, second by Snell to approve Ordinance 2004-64. Approved 5-0. (Oliver and Carr
absent from the dais.)
U Public Hearings/First Readings
1. Public Hearing regarding an increase in stormwater rates to reflect the cost of providing service -- Kathy
Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration
Rundell gave Council a chart that shows that Georgetown continues to be the lowest of all cities surveyed in
the combined monthly rate for all utilities and city, county, and school taxes for an average home cost of
$163,751. She noted that the comparison of combined monthly rates is available on the City of
Georgetown website, and read them aloud for the viewing audience. Rundell noted that this public hearing
and all the legal notice requirements have been performed as required by state law.
Snell asked
for a
comparison
of just
the property
taxes and just the utilities. Rundell noted that information
is available
in the
budget and
will
soon
and
be posted
to the website.
The public hearing was opened at 6:45 p.m. There were no comments. The Public Hearing was closed at
6:45 p.m.
2. First Reading of
an ordinance amending stormwater rates
to
reflect the cost of providing service -- Kathy
Ragsdale, Utility
Office Director and
Micki
Rundell,
Finance
and
Director
of
Finance and
Administration.
Rundell noted that this ordinance is for the rates that were just discussed in the previous item and read only
the caption of the ordinance on first reading after having satisfied the requirements of the City Charter.
Snell asked the process by which the rate is evaluated as to whether it is enough and how the amount to be
increased is derived. Rundell replied that there are 5 -year financial forecast models that take into account
the customer growth and need for capital improvements and operational increases. She said staff monitors
those issues to make sure the rate will cover the debt and self support for the utilities. She said this is
reviewed monthly by the Utilities Fiscal Financial Analyst, who keeps the models updated at all times.
Motion by Smith, second by Kirby to approve the ordinance on first reading. Approved 5-0. (Oliver and
Carr absent from the dais.)
3. 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
Finance
and
Administration
Rundell explained the method for calculating this rate, saying this 15 cents is the second portion of the
increase calculated in 2000-2001. She said this ordinance also includes an "out of City" sewer rate. She
read only the caption of the ordinance on first reading after having satisfied the requirements of the City
City Council Meeting Minutes/October 12, 2004
Page 4 of 6 Pages
Charter.
Motion by Eason, second by Smith to approve the ordinance on first reading. Approved 5-0. (Oliver and
Carr absent from the dais.)
4. 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
Rundell explained that this increase is to cover the additional costs incurred with fuel and oil costs and
environmental mandates. She read only the caption of the ordinance on first reading after having satisfied
the requirements of the City Charter.
Smith confirmed that this increase will maintain the self-supporting aspect of the utility. Motion by Smith,
second by Eason to approve the ordinance on first reading. Approved 5-0. (Oliver and Carr absent from
the dais.)
5. First 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 said the rates are being adjusted to reflect the cost of service. She said the Power Cost
Adjustment (PCA) has previously been a separate item on the utility bill. She said the PCA will now be
rolled into the power cost. She read only the caption of the ordinance on first reading after having satisfied
the requirements of the City Charter.
Sansing asked why the PCA should be rolled into the total, saying the customer might like to see the PCA
to explain why their bill is higher. It was determined that the PCA is not an actual cost but an adjustment
that "trues up" the cost. Snell clarified that if the cost of electricity actually goes down, there will be a credit
on the bill.
Snell asked Rundell to list the components structured into the total cost of the electric department. Rundell
listed the components as: distribution system (operations of the electric utility), the SCADA, the return on
investment, debt, and capital maintenance. She said any excess collections offset the next year's debt.
She reminded Council that the revenue is driven by the weather, saying hot weather creates more electric
and water revenue.
Motion by Snell, second by Smith to approve the ordinance on first reading. Approved 5-0. (Oliver and
Carr absent from the dais.)
6. First 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
Ragsdale explained the ordinance, saying this ordinance will add more specific requirements for utility
service connections to make sure connections are done in the customer's legal name with both names on
the account for married couples, making each person responsible for the bill. She said if fraudulant
information is received, the City can disconnect until the proper information is received. She read only the
caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion
by Kirby, second by Smith to approve the ordinance on second reading. Smith clarified that these changes
will be effective for new accounts only, not existing accounts. Approved 5-0. (Oliver and Carr absent from
the dais.)
7. First 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 noted that "self connections" will be declared as meter tampering and a $100 charge will be
issued. She said if there are safety issues involved, the City will file charges against the perpetrator. Carls
suggested that the $100 be defined as a penalty rather than a fee, and noted that the language will be
changed for the second reading.
Ragsdale read only the caption of the ordinance on first reading after having satisfied the requirements of
the City Charter.
Motion by Sansing, second by Smith to approve the ordinance on first reading. Approved 5-0. (Oliver and
Carr absent from the dais.)
City Council Meeting Minutes/October 12, 2004
Page 5 of 6 Pages
8. First 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 that customers who have avoided paying a previous debt and thereby were
disconnected will be allowed to re -connect, but they will be charged a fee of $20 and 20% of the bad debt
"upfront." There were questions from the Council. Ragsdale read only the caption of the ordinance on first
reading after having satisfied the requirements of the City Charter.
Motion by Smith, second by Kirby to approve the ordinance on first reading. Approved 5-0. (Oliver and
Carr absent from the dais.)
9. First 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 that the Council had approved the creation of the Wolf Ranch TIRZ on December 19,
2003. She read only the caption of the ordinance on first reading after having satisfied the requirements of
the City Charter. Rundell said this ordinance approves the project plan and said there was language added
by the City's bond counsel that allows the City to use the revenue generated for however the City chooses
instead of the revenue being applied to debt.
Motion by Sansing, second by Smth to approve the ordinance on first reading. Approved 5-0. (Oliver and
Carr absent from the dais.)
10. First 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 read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. She explained that this ordinance updates the city's exisiting alcoholic beverage ordinance to
comply with State law; adds a period of 10 days for the City Secretary's office to approve an application;
and adds reference to private schools in accordance with State law. She said Sec.6.40.040 provides that
permits shall not be transferrable or assignable "except by State law."
Snell asked Carls to explain what the September 11 election accomplished. Carls replied that the liquor
options from the election make Georgetown "wet" for two things: sale of mixed beverages at restaurants
and sale of wine and beer for off -premise consumption. There was further discussion regarding distance
requirements. Snell clarified that the "footage" requirements are still in place unless the Council allows a
waiver. Smith asked if Southwestern University could be defined as a "private" school. Carls said she will
bring back that information at the next reading of the ordinance. She noted that the City is not allowed to do
anything more stringent than is provided in State law.
Motion by Snell, second by Sansing to approve the ordinance on first reading. Approved 5-0. (Oliver and
Carr absent from the dais.)
V Consideration and possible action to accept and approve the appointments of the Election Judges and
Alternates for the November 2, 2004, General and Special Election -- Sandra D. Lee, City Secretary and Trish
Carls, City Attorney
Carls explained that a list of judges and alternates, as approved by the County Commissioners, was supplied on
the dais, and will be attached to the resolution as Exhibit "A." She noted that the City does not appoint the Early
Voting Ballot Board when the City's Special Election is held in conjunction with the County's General Election.
Motion by Smith, second by Sansing to approve the resolution. Approved 5-0. (Oliver and Carr absent from
the dais.)
The meeting was adjourned at 07:26 PM.
e
City Council Meeting Minutes/October 12, 2004
Page 6 of 6 Pages
Attest:
ity Secretary Sandra Lee