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HomeMy WebLinkAboutMIN 09.11.2012 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Patty Eason, Danny Meigs, Bill Sattler, Tommy Mayor George Garver Gonzalez, Rachael Jonrowe, Troy Hellmann, Jerry Hammerlun Staff Present: Paul E. Brandenburg, City Manager; Bridget Chapman, Acting City Attorney; Jessica Brettle, City Secretary; Micki Rundell, Chief Financial Officer; Mark Thomas, Economic Development Director; Jordan' J. Maddox, Principal Planner; Laurie Brewer, Assistant City Manager; Edward G. Polasek, Transportation:', Services Director; Susan Morgan, Finance Director; Leticia Zavala, Utility Office Manager; Kathy Ragsdale, Environmental and Conservation Services Director; Minutes Regular Session - To begin no earlier than 06:00 PIVI (Council may, atanytime, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) A Call to Order -- Mayor Pro Tem Meigs called the meeting to order at 6:04 PM . Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Proclamation in honor of Constitution Week Mayor Pro Tem Meigs presented the proclamation to Mary Richmond of the Sun City Chapters of the Daughters of the American Revolution. City Council Regional Board Reports Eason said a complete report of all of the minutes of the previous Lone Star Rail Meetings are attachment to the City's meetings. She read a couple of important items from the report. Freight Rail Relocation/Freight Bypass: A. Local Government & Stakeholder Engagement: The team continues to proactively engage stakeholders along the proposed freight bypass corridor in advance of the federal environmental clearance process. The team met with Bastrop County Commissioner Clara Beckett on 8/15, and has completed nearly all its meetings with local elected officials and senior staff in the vicinity of the bypass corridor. LSRD will focus the next round of meetings on civic organizations, chambers of commerce; and other stakeholders. B. The draft messaging document for San Antonio and Bexar county has been created, in sync with the overall messaging strategy agreed to by the Hahn-LSRD-Union Pacific team, to guide the Rail District's City Council Meeting Minutes/ Page 1 of 11 Pages San Antonio- and Bexar County -specific public. presentations. Passenger Rail Project: A. Work continues in Travis and Hays Counties to secure agreements for local operations and maintenance (O&M) funding. The local funding team (LSRD staff and consultants) are currently in frequent meetings and discussions with City of Austin staff regarding tax -increment financing (TIF) provisions and deal points for a potential Interlocal Agreement. The team made a presentation on TIFs to Austin City Manager Marc Ott on 8/14, and will meet with the city council's Audit and Finance Committee in September. In Hays County, the team is beginning to meet with city staffs and making presentations to city councils — the last meeting was with Kyle city staff on 8/15 to discuss alternative financial strategies for local funding. B. The local funding team is involved in the preparation of regional funding/financing plans and organizational plans for Project Connect's proposed high-capacity transit system, of which LSTAR is an integral part. The comprehensive phasing and regional financial approach will be presented to the CAMPO Transit Working Group (TWG) when it reconvenes on September 21. LSTAR will be featured prominently. C. Rail District staff, counsel, and/or consultants have met with representatives of Argenta Group, Alstrom, Balfour Beatty, Parsons Brinckerhoff, AECOM, and others to discuss P3 financing and partnership opportunities. D. The comprehensive business plan is largely complete at draft level; LSRD consultants PFM are working on the last chapters, which detail the financial/P3 strategy that the District will follow in the coming months to begin securing capital funds for the project and local funds for O&M, and to inform financial and operational negotiations with Union Pacific (an effort being coordinated by RL Banks, a highly -regarded railroad operations and economics firm). E. LSRD staff are meeting with CAMPO, TxDOT, and FHWA staff to develop an Advance Funding Agreement for use of the $10 million in STP -MM funds awarded by CAMPO for the federal environmental study of the freight bypass and coordination of the passenger and freight projects into a single environmental document. 3. Public Engagement: 8/7: New Braunfels Chamber of Commerce Transportation Committee 8/13: Joint Project Connect update to representatives of the Federal Transit Administration in Austin 8/16: Panel discussion for Project Connect North Corridor study in Round Rock 8/16: TxDOT IH -35 Planning & Environmental Linakges (PEL) Study team in San Antonio 8/21: San Antonio chapter of the Certified Residential Specialists 4. Lone Star Rail District Board: A. LSRD's Finance Committee met on Friday, August 24, in San Marcos to make recommendations to the Board on the FY13 budget and other financial documents and policies. B. The Rail District Board met on Friday, September 7 in San Marcos. The Board approved the FY13 budget, a letter of appreciation to Senator Kay Bailey Hutchison, and contract amendments to continue the Rail District's website, conduct the next steps in the financial planning process, and continue technical support for on-going coordination with Union Pacific. The Board also authorized staff to begin procurement on environmental studies on the freight bypass and on the first steps to select a program management team. C. The Rail District Board's Executive Committee will meet on October 5 at 10:00 a.m. (location to be determined). City Manager Comments Budget and Tax Adoption Schedule 2012 National Night Out Irrigation Schedule Police Promotional Ceremony - Police Chief Nero promoted two police officers to Sergeant and Lieutenant. Action from Executive Session City Council Meeting Minutes/ Page 2 of 11 Pages Motion by Meigs, second by Eason to authorize the the approval of a contract with the City of Garland Power and Light for QSE Services effective September 12, 2012 under the conditions as discussed related to competitive matters in Executive Session. Approved 7-0 Motion by Meigs, second by Eason to execute a letter to the Novak brothers regarding the Rivery Park Project as discussed and revised in Executive Session. Approved 7-0 Motion by Meigs, second by Sattler to reject the real estate contract received from Tarantino Properties, Inc. on August 22, 2012 for purchase of the Albertson's Building. Approved 7-0 On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subiect not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - As of the deadline, no persons were signed up° to speak on items other than what was posted on the agenda. The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, August 28, 2012 -- Jessica Brettle, City Secretary D Consideration and possible action to approve a resolution to accept the 2012 Tax Appraisal Roll for the City of Georgetown as presented by Deborah Hunt, Tax Assessor -Collector -- Micki Rundell, Chief Financial Officer E Consideration and possible action to approve the Administrative Services Contract between the City of Georgetown and the Georgetown Economic Development Corporation (GEDCO) for the 2012/13 fiscal year -- Micki Rundell, Chief Financial Officer F Consideration and possible action to approve a Resolution approving the proposed 2012/13 Budget for the Georgetown Economic Development Corporation (GEDCO) -- Micki Rundell, Chief Financial Officer G Consideration and approval of an administrative services contract between the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the 2012/13 fiscal year -- Micki Rundell, Chief Financial Officer H Consideration and possible action to approve a Resolution approving the proposed 2012/13 Budget for the Georgetown Transportation Enhancement Corporation -- Micki Rundell, Chief Financial Officer I Consideration and possible action to adopt a Resolution approving the 2012/13 Budget and related Property Tax Assessment for the Georgetown Village Public Improvement District #1 -- Micki Rundell, Chief Financial Officer Motion by Hellmann, second by Sattler to approve the consent agenda in its entirety. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: J Public Hearing and First Reading of an Ordinance for a rezoning of 51.82 acres in the Flores Survey from the Residential (RS) District to the Public Facilities (PF) District for the Georgetown Community Solar project, located near San Gabriel Park -- Jordan J. Maddox, AICP, Principal Planner (action required) Maddox described the item and said this is for a piece of property located adjacent to San Gabriel Park. He said City Council Meeting Minutes/ Page 3 of 11 Pages the reason for this rezoning is GUS has been talking with companeis about starting a solar farm in a City. He said this is the old capped landfill and is a use that could provide something for a property that would otherwise not be developed. He said this is like a condo type use and noted customers of GUS would be allowed to purchase some of this energy that would be credited back to them in their utility bills. He said staff is recommending approval. Maddox read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 6:22PM No one was present to speak. Public Hearing closed at 6:22PM Motion by Jonrowe, second by Hellmann to approve the Ordinance on first reading. Approved 7-0 K Public Hearing and First Reading of an Ordinance for a Rezoning to amend a Planned Unit Development (PUD) District for 31.94 acres, known as The Summit at Rivery Park, being Lot 1, Block A, and Lots 1 - 4 and 11, Block B, of Brownstone at the Summit Phase 1, Lots 1-3, 4 (pt), and 5-7, Block A, The Rivery Park 11, and Lot 2, Block A, Rivery Park, located on Rivery Boulevard -- Valerie Kreger, AICP, Principal Planner and Elizabeth Cook, Acting Director of Planning and Development (action required) Kreger described the item and said this change will allow for ground level apartments which will allow them to proceed forward with the possibility of a multi -family user or an educational facility. She said this was brought to the Planning and Zoning Commission and added they did recommend approval of the change. Brettle read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 6:25PM No one was present to speak. Public Hearing was closed at 6:25PM Motion by Hellmann, second by Hammerlun to approve the Ordinance on first reading. Approved 6-1 (Eason opposed) L Discussion and possible action to verify allocations for Social Service Funding and Youth Program Funding for FY 2012-13 -- Paul E. Brandenburg, City Manager Brandenburg described the item and said this is just verifying the allocations as agreed upon at the past meeting for social services and youth program funding. He noted the intent of tonight is to make sure all of the dollar amounts indicated are current. He noted the actual contracts will be coming back at the next meeting for Council approval. Eason said her intent was that the organizations be able to use the funds as they requested out of the two sets of funds and corresponding criteria. Motion by Eason, second by Jonrowe to amend and to allow any of the organizations that had split their funding to allow them to use them as intended for their projects for this year: Approved 7-0 Brandenburg said staff will make sure there are separate documents for each of the funds. Motion by Eason, second by Hammerlun to approve the item as amended. Approved 7-0 M Consideration and possible action to approve the Reinvestment Zone Agreement between the Downtown Tax Increment Reinvestment Zone and Grape Creek Ventures, LLC to reimburse certain costs for construction improvements in an amount not to exceed $60,000 -- Paul E. Brandenburg, City Manager; Laurie Brewer, Assistant City Manager and Mark Thomas, Economic Development Director Thomas described the item and said this is the final piece of funding for the Grape Creek Winery project. He thanked Brian Heath, the owner of Grape Creek, and said he appreciates him being at the meeting. He said the City Council Meeting Minutes/ Page 4 of 11 Pages Downtown Georgetown Tax Increment Investment Zone (TIRZ) Board met and approved $60,000 to close the funding gap needed to complete the project. He described how this project is eligible for TIRZ funding. He said, with Council's approval of this funding, Grape Creek will be fully funded. Gonzalez asked and Thomas said he does not have the contract with him but the amount will be going toward basic improvements and build out of the winery as well as a few upgrades. He described the improvements in detail. Sattler asked and Thomas said this is similar to what was presented to GEDCO at their last meeting. Sattler asked and Thomas said this is just funding the cost with a different source, which is the TIRZ funding. Sattler asked and Thomas said this is no longer being funded by GEDCO. Brandenburg spoke about the TIRZ and said it is very specific regarding the project list to be funded with those monies. He continued to speak about for what the funds can be used. Chapman said the improvement list is attached to the contract that is included on the agenda. Eason said she would like to hear how the other merchants who serve on the board reacted to this proposal. She said the City is giving financial support to this project and she noted she wants to hear from the other business people on the square as well. Thomas said this is a tipping point kind of project and noted it is the first winery after Georgetown Winery and noted this is what it takes to get the best winery in Texas to Georgetown. He said the City put a lot into it which was recognized by the members of the TIRZ Board. Brandenburg said one TIRZ Board member has noted that he sees this as an investment. He said he has been here for ten years and noted the City has not had this much action downtown. Eason said she wanted to get on the record that many local business owners agree that this is an important project. Jonrowe said she did not vote for the funding in GEDCO but said, when it came to the TIRZ, it was the merchants and business owners that swayed her decision to vote in favor for the amount. She noted they seemed convinced that Grape Creek will only help the downtown square. She said everyone expressed high hopes for the partnership the City will have with Grape Creek. Gonzalez said he has a different point of view and noted the City has poured a lot of money into the renovation of the building. Gonzalez asked and said part of the sale price of the building is that the City knew that it was old and needed renovation. He spoke about how the City has put in too much money on this project. Gonzalez noted the City is approaching $300,000 in extra funds going toward this project. Jonrowe left the dais. Thomas said he does not think it is over $300,000. He said the Council has gone too far at this point and noted the City is pushing this to a point where we are funding anything and everything on this project. Gonzalez said while he thinks it is an outstanding company, the City has gone way out of the way to make this work and the City has reached a limit. Jonrowe returned to the dais. Sattler asked and Thomas said there is only so much money in the TIRZ. Thomas noted the TIRZ regenerates throughout the year. Brandenburg said using the word investment is appropriate because it puts money back onto the tax rolls.Rundell said the building will be taxable because it will be for a private purpose. She noted there will be some income within the TIRZ. She said they are funding other projects besides this from the TIRZ, including street and sidewalk projects approved in the budget. She said the TIRZ generates approximately $160,000 a year for downtown projects. She noted next year there will be additional funding in the TIRZ due to added valuation. She said there will be rejuvenation and continued growth within the TIRZ. There was much discussion regarding how this will help to regenerate the TIRZ fund. Motion by Eason, second by Jonrowe to approve the agreement. Approved 6-1 (Gonzalez opposed) N Consideration and possible action to approve a Resolution declaring that the City of Georgetown population has surpassed 50,000 residents -- Jordan J. Maddox, AICP, Principal Planner Maddox described the item and said, in the last Census, the City of Georgetown's population was determined to be a little over 47,000. He said this did not hurt the City but the planning department has continued to monitor the growth of the City since then. He spoke about how the department determines monthly population estimates. He said as of September 1, planning has determined that the City has passed 50,000 in population. He said the main change that would occur with the approval of this resolution is that it will expand the extra territorial jurisdiction (ETJ). He described how the ETJ will expand around the City to a maximum of three and a half extra miles. He said it will allow the City to control how it controls utilities, land use and future annexation. He said this also prevents some issues regarding plans review and he described those for the Council. He said, by declaring the City population as 50,000, it will allow the city to define its ultimate growth area. Motion by Hellmann, second by Jonrowe to approve the Resolution. Sattler asked and Maddox said some of the issues that would have arisen are not apparent if we simply do a City Council Meeting Minutes/ Page 5 of 11 Pages resolution here. He said some things like traffic signalization or CDBG application issues are not in effect because they recognize the population at the federal level through the census. Vote on the motion: Approved 7-0 O Consideration and possible direction to staff regarding a potential amendment to the boundary agreement with the City of Jarrell and possible release of territory within the City's extraterritorial jurisdiction -- Jordan J. Maddox, AICP, Principal Planner Maddox said this is a direction regarding an amendment to the boundary agreement with the City of Jarrell. He said, by declaring the City to have a population of 50,000, they will need to do some map cleanup with the City of Jarrell which did not anticipate the ETJ extending as far as it did. He said staff is seeking some direction to sit down with Jarrell and revise the boundary agreement with them. He said they would also like to explore an ultimate ETJ line or additional release of ETJ. He said the 50,000 declaration will extend the City out to the southeast and southwest to where the City is maxed out with the cities in those areas. He said staff is looking at direction from Council whether to look at creating an ETJ agreement with "Jarrell. Motion by Sattler, second by Eason to direct staff to amend the ETJ agreement with Jarrell and proceed forward to the October annexation Workshop. Approved 7-0 P Consideration and possible action authorizing staff to enter into negotiations with Barlett Cocke for purpose of contracting with Construction Manager at Risk for Public Safety Operations and Training Facility - Micki Rundell, Chief Financial Officer Rundell said, on August 9, 2011 staff received direction from Council to use the construction manager at risk method for the Public Safety and Training Facility. She said an RFQ was issued and a total of 18 responses were received. She listed the members of the evaluation committee and said that it was approved by the Council on January 24. She said five firms submitted proposals and, after evaluations, Bartlett Cocke was considered to have the highest score. She referenced a section of the Texas Government Code that lays out this process, She said this item was reviewed at the last GGAF meeting and noted Pondrum supports this recommendation. Sattler said he would like to make a motion to use Jacobs/Chasco in lieu of Bartlett Cocke. Rundell said she has conferred with Bickford and noted that would be against state law. She said Bartlett Cocke's proposal was $250,000 cheaper and 60% was put on price throughout the bidding process. Rundell said the City would need to repost and readvertise and start the process over again if Council denies this item. Sattler asked and Bickford said because of the matter'in which we did this, the City's only option is to take the highest bidder and enter into negotiations with them. She noted, if the negotiations fail, the City could go with the next. highest bidder. She said, if we want to change how the City evaluates the vendors, it can do so but it must start the process over again. Meigs said, when GGAF discussed this, Bartlett Cocke was head and shoulders above the other bidders. Meigs said this is a highly specialized building that takes a firm with extremely important qualifications. Rundell agreed. Eason said there was a lot of discussion about this at GGAF and noted the information on qualifications is that Bartlett Cocke built several similar buildings and noted one was built to F-3 tornado impact safety standards. She said the other applicants did not have the experience. Eason said she wants people with experience doing the job for the City in terms of being stewards of taxpayer money.. Hellmann said it comes down to the price function as to why the City chose this vender. Hellmann said he likes the idea of keeping this project local but noted he does not want to open up the process again. Eason said in the full process, the number chart is not the only criteria taken into account. She said she has served on two similar committees in the past and the City goes through interviews and books full of information of each of the applicants. She said to only review what is currently in the packet does not give enough due respect for the work of the committee and the process as a whole. Gonzalez said he was part of the committee and the only category Bartlett Cocke scored higher was in cost. He said, in every other category, Chasco/Jacobs scored higher. He said the cost was set at 60% but noted that was only one part of the scale. He noted he wanted the record to show that Bartlett Cocke is being awarded this solely on the basis of cost. Hammerlun said he was not on the selection committee but noted he does have questions. Hammerlun asked and Bickford said this process is covered under a different section of the Code. Hammerlun spoke about the concept of "best value." Hammerlun asked and Bickford clarified the process once more. Jonrowe spoke about her experience with these processes. Jonrowe said she supports Bartlett Cocke and noted she thinks they are the best person for the job. She added, however, she thinks the process could be changed and it almost seems like the City selected the correct vendor by "accident." Sattler said he is confused and read a section of the City Charter regarding purchasing policies. He asked if the City is saying that the State law does not allow the City to use the local vendors even though it encourages the city to use someone local. Rundell said this situation is different because it is construction manager at risk method. Bickford said there is some contradiction because they are in different sections of different law. Sh said staff would love to be able to keep business locally, but noted this particular process is City Council Meeting Minutes/ Page 6 of 11 Pages governed by a different set of laws. Sattler asked why this even came before Council if they do not have a choice. Bickford said that Council could say no and the City could start this process over again. Sattler asked and Rundell said the City also did CMAR for the Library. Hellmann said the time to have the discussion of this process and criteria was prior to the request for proposals. He said the City needs to look at this moving forward. Chapman said the City will not get a firm that is not qualified to do the project to submit the RFP. She said, in the past, the City has weighted cost more important in order to get "more bang for its buck." Hammerlun asked and Bickford said the City will negotiate on price as well as some changes with staff. Hammerlun said he would like to say again the price today and the end price are not one in the same. There was much discussion regarding the criteria used for this process. Meigs asked and Rundell said the Council can review this process in the future and, if the City rejects this item, the process will need to start over again. Hellmann asked and Rundell said the process will be determined based on how quickly bidders respond. Hellmann asked and Bickford said the City could do this in 120 days. Chapman asked and Bickford confirmed and said the entire process can be changed as well. Motion by Sattler, second by Gonzalez to reject the item. Hellmann said he is sympathic but noted the timeline is important. He said he does not want to start the process over again. He noted he thinks the City needs to change the process for the future and said he thinks he is going to move forward due to timing. Eason said she agreed with everything Hellmann said and noted she would like to recognize that the City started with nineteen firms and they used a process to sift through those to get the ultimate top bidder. Eason said the City has changed things so that people are getting jobs lately and she is hesitate to continue doing those things. Sattler said, for the largest project the City has done, it needs quality and value. He noted Jacobs/Chasco is building two current facilities at this time. He spoke about the two firms and how they are local companies and they have many employees that live in the Georgetown community. He said he has to vote for a local contractor. Hammerlun complimented staff on the process and he read the statute regarding construction manager at risk. He noted he will stick with the process. Jonrowe said she would be concerned with starting over or with the appearance of impropriety or impropriety in itself. She said a lot of the money will still stay in the community. Gonzalez said any time he can support a local vendor to do a job when the difference was just in one area, he will. He said it is in the City Charter to support local vendors. He said now he feels the process has come back to bite us on a project like this. Brandenburg said Council needs to feel comfortable with the process but, if the Council wants to change that process, they cart do that for the future. He noted it need to be an objective process above reproach. Vote motion: Failed 2-5 (Eason, Hellmann, Meigs, Hammerlun, Jonrowe opposed) Motion by Jonrowe, second by Hammerlun to authorize staff to enter into negotiations with Bartlett Cocke. Approved 5-2 (Sattler, Gonzalez opposed) Q Forwarded from the General Government and Finance Subcommittee (GGAF): Consideration and possible action to award a contract to CH2MHi11 for the Georgetown Municipal Airport Business Case Analysis in an amount not to exceed $100,000.00 -- Edward G. Polasek, AICP, Transportation Services Director and Susan Morgan, Finance Director Polasek spoke about the Georgetown Airport and how they saw a decline in fuel costs and a lower revenue stream. He noted, as we have seen the decline in revenue, capital maintenance needs will eventually exceed the revenue stream. He said he would like to use $100,000 to hire a firm to due a business case analysis to provide advice and solutions for the airport funding issues. He said the firm is prepared to start working with the City immediately. Gonzalez asked and Polasek said the money will be spent to improve the business making and utilize untapped resources at the airport. Gonzalez asked and Polasek said it would be better to develop a ten year growth plan for the airport with the help of this firm. Speaker, Chip Snowden, said they are a large aviation consulting firm and they responded to the RFP and noted they will try to work out some best practices and come up with a way to look at the airport long term: Meigs asked and Snowden said, after this process, the City will have a business plan in its hands. Meigs asked and Snowden said they will look at revenue generating capabilities and concepts but not marketing per se. Brandenburg asked and Snowden said they will need to review the current master plan and take a look at some of the things that had been laid out for the airport in the past. Brandenburg asked and Polasek said the City has asked Snowden to look at the policies in the master plan for possible changes. Jonrowe asked and Snowden said not a lot of airports have gone through business planning but noted there are always policy decisions .and low hanging fruit that need to be addressed from a business standpoint.Jonrowe asked and Snowden said they are working at Glacier Park International Airport and are doing a rates and charges study at that airport right now. Snowden continued to speak about what will be included,in the business analysis. Jonrowe asked and Polasek said the most dire thing is that the City will end up funding the airport with general fund monies in order City Council Meeting Minutes/ Page 7 of 11 Pages to maintain it at a certain level. Eason said GGAF got to hear a lot of specific information and noted she is willing to say, if the City does not turn this thing around, it will have to shut down the airport because it won't be competitive. Eason and Polasek said that is the worst case scenario. Motion by Eason, second by Jonrowe to approve the item. Approved 6-1 (Gonzalez opposed) R Consideration and possible action to approve a resolution ratifying the property tax increase included in the 2012/13 Annual Budget and acknowledging that the 2012 tax rate will raise more revenue from property taxes than the previous year -- Micki Rundell, Chief Financial Officer Rundell said this resolution is a requirement under State law and noted it starts the budget process. She read the caption of the Resolution to the City Council. . Motion by Jonrowe, second by Hammerlun to approve. Hellmann asked and Rundell noted this is just the Council recognizing that raising the tax ate will create more revenue for the City. Vote on the motion: Approved 6-1 (Gonzalez opposed) S First Reading of an Ordinance levying a tax rate for the City of Georgetown for the tax year 2012 -- Micki Rundell, Chief Financial Officer (action required) Rundell described the item and said this sets the tax rate and noted it is based on the taxable property value. She said the proposd rate of 41 cents per $100 valuation represents an increase of .38750. She listed the effective rate as well as the rollback rate. She said the proposed rate is higher than the effective rate and an average homeowner will pay an average of $46 more in taxes this year. She said state law requires that a tax rate higher than the effective rate goes through a public hearing process. She said the City did this and described the process for the Council. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Hammerlun, second by Meigs to set the tax rate at $0.41. Gonzalez said he opposes the tax rate increase and noted the amount is to generate extra money and noted the City should be saving the constituents money,. Jonrowe said she does support this and noted she is looking forward to the visioning workshops next week. She said the City is going to be moving forward with the five year plan for a "City of Excellence." Hammerlun said he too will be supporting this rate. He complimented the work the City Manager and Finance did in presenting the original budget and tax rate documents. He said it is time to start the process and to move toward that five year vision. Sattler said he will not be supporting this rate and noted he thinks the City should be more precise with the tax rate. Hellmann asked and Rundell said the new tax rate will bring the City $420,000 in additional revenue. She noted the budget was set using the effective rate. She said those funds will be brought back later for allocation. Rundell said the City can certainly reserve those funds for future projects as well. Rundell said one option would be to use the money to purchase things the City would normally debt fund. She said there is an impact for next year by doing it now. She noted the City can also use this for implementation of other projects that may come from the visioning sessions. Hellmann said he likes the .3975 better than the .41 rate. Eason said she agrees with the .41 tax rate. She said she has a concern using the .3975 rate based on expectation of a certain amount coming in when the City has no clue what those numbers are going to be. Meigs said he is also going to support the .41 cent rate, primarily because it puts the City into a 5 year planning and budgeting process. Meigs said there are some big ticket items facing the City including the revolving door the City has with the public safety officers. Meigs said, last year, the City was in a defensive mode instead of a pro -active mode. He said we need to take a look at that as well as the maintenance of the roads and streets the City is taking over. Vote on the motion: Approved 4-3 (Gonzalez, Hellmann, Sattler opposed) T First Reading of an Ordinance adopting the 2012/13 City of Georgetown Annual Budget for the fiscal year beginning October 1, 2012, and ending September 30, 2013 -- Micki Rundell, Chief Financial Officer (action required) Rundell reviewed the item and said the City worked diligently to bring forward a five year plan. Sh said the staff took the first year of that and used it as this budget. She said this budget begins on October 1 through September 30 of next year. She said it is a balanced budget and does fund the needs discussed in the public City Council Meeting Minutes/ Page 8 of 11 Pages hearing. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Hellmann to approve the Ordinance on first reading. Approved 7-0 U First Reading of an Ordinance amending § 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Chief Financial Officer (action required) Rundell described the item and said this amends the organizational chart for the City. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Hellmann, second by Hammerlun to approve the Ordinance on first reading. Approved 7-0 V Forwarded from the General Government and Finance Subcommittee (GGAF): Consideration and possible action to authorize Specialized Public Finance, Inc. (SPFI) to proceed with the preparation of the required bond offering documents for the issuance of General Obligation Bonds planned for October -- Micki Rundell, Chief Financial Officer Rundell described the item and said the City is asking move forward with the funding for this item. She said the City wants to take advantage of the market conditions as much as possible. She noted the rates are at a thirty year low. Motion by Jonrowe, second by Hammerlun to approve. Approved 7-0 W Public Hearing and First Reading of an Ordinance to tax tangible personal property in transit, known as Goods in Transit, which would otherwise be exempt pursuant to Texas Property Tax Code, Section 11.253 -- Susan Morgan, CPA, Finance Director and Micki Rundell, Chief Financial Officer (action required) Morgan said this is a clean up item and noted state law exempts goods and transit. She described the goods in transit laws for the Council. She noted there are not goods in transit in Williamson County Or Georgetown but said, if the City does end up with goods in the City's warehouse, it would like to be able to tax those items. Jonrowe asked and Morgan said a good in transit is something that will be in a warehouse for less than 120 days that is not owned by the owner of the goods. Public Hearing was opened at 8:04PM No one was present to speak. Public Hearing was closed at 8:04PM Morgan read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Jonrowe, second by Hammerlun to approve the Ordinance on first reading. Approved 7-0 X First Reading of an Ordinance amending Title 13, Chapter 13.04, Article VI, titled "Solid Waste Disposal Rates" -- Leticia Zavala, Utility Office Manager and Micki Rundell, Chief Financial Officer (action required) Zavala described the item and said this is to approve the rates based on the new contract with Texas Disposal Systems. She briefly described the rates for users in tier one and tier two of the contract. Speaker, Bill Russell, said he would like to address the handouts being distributed at the landfill. He noted he has a lot of pecan trees in his yard and said he occasionally fills up a trailer and take the pecans to the landfill. He said, after October 1, he will be charged over $100 for doing this. He noted he is asking if something can be done about this. He said the appearance of the community will suffer if the City charges this much for that services. Ragsdale said the City has set up curbside brush pickup in the contract. to mitigate this issue. She said the City has set up about ten weeks where you can put brush out on the curbside and TDS will come and pick it up. She noted this service will be seasonal, one in the fall and another in the spring. Hellmann asked and Ragsdale said the limit is about twenty bags or bundles per pick up. City Council Meeting Minutes/ Page 9 of 11 Pages Zavala read the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Jonrowe, second by Hammerlun to approve the Ordinance on first reading. Approved 7-0 Y First Reading of an Ordinance of the City of Georgetown, Texas amending Chapter 13.12 of the City of Georgetown Code of Ordinances relating to garbage collection and disposal -- Kathy Ragsdale, Environmental & Conservation Director and Jim Briggs, General Manager for Utilities (action required) Ragsdale described the item and read only the caption of the Ordinance on first reading. She said, with this Ordinance, the City is taking the processes and programs out of the contract and putting them into Ordinance form. She said the City is picking up the points that have changed and incorporating those changes into the code. Eason said some folks called her about mattresses or refrigerators and how they dispose of those type of items. Ragsdale said they will have bulky waste pickup twice a year. She noted the other option is to take those items to the collection station and pay for those services. She said, originally, the City had most of the services at the curb built into everyone's rate. She said the City has made them open market rates there so they will have to pay if they need to take it to the collection station. Eason said, obviously, this will have to be a huge educational process. She noted the sheet of information people have been receiving at the collection station is inadequate. Ragsdale they are continuing to plan the educational process and noted the new carts will be delivered to homes soon. Motion by Eason, second by Jonrowe to approve the Ordinance on first reading. Approved 7-0 Z Second Reading of an Ordinance for the disannexation from the city limits of approximately 267.3 acres located along Leander Road, also known as Water Oak and Williamson County M.U.D. #25 -- Jordan J. Maddox, AICP, Principal Planner (action required) Maddox said this item is the second reading for the disannexation of Water Oak. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Hammerlun to approve Ordinance 2012-55. Approved 7-0 AA Second Reading of an Ordinance amending several provisions of Title 7 of the Code of Ordinances relating to animals -- Bridget Chapman, Acting City Attorney (action required) Chapman said this is the second reading amending the Ordinance on animals to allow the ownership of hens within the city limits. She read only the caption of the Ordinance on second reading. Motion by Jonrowe, second by Meigs to approve Ordinance 2012-56. Sattler asked and Chapman said this makes the exception for hens. She noted any complaints about hen ownership will be addressed through the nuisance provision in the animal ordinance. She noted all of the nuisance violations apply to any kind of animal. Sattler asked and Chapman said, if animal control takes ownership of the hen, it will send it to a farm or other property. There were many questions regarding enforcement of the nuisance ordinance. Gonzalez he does not think we should add chicken ownership because the City has no real way to enforce it. He said he thinks the City should not approve this until rules have been put in place to prevent nuisances. Chapman said the City does not have experience with hens and noted the City does not know what problems the City will have. Jonrowe asked and Chapman confirmed the rules are stricter for hens. There was much discussion. Vote on the motion: Approved 4-3 (Gonzalez, Sattler, Meigs opposed) Executive Session action: Mayor Pro Tem Meigs said he forgot to make the following motion out of Executive Session earlier in the meeting. Motion by Meigs, second by Hammerlun to authorize the City's legal team to file necessary paperwork to appeal the decision of Judge Sulak related to the City's motion on the "plea to the Jurisdiction." Approved 7-0 City Council Meeting Minutes/ Page 10 of 11 Pages The meeting was adjourned ed 08:25 PM. City Council Meeting Minutes/ Page 11 of 11 Pages /111 est: 7-��ar�,-Jiessica Brettle