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HomeMy WebLinkAboutMIN 04.23.2013 CC-RThe City Council ofthe City of Georgetown,Texas, met inRegular Session onthe above date with Mayor Council Present: |Council Absent: Patty Eason, Danny Meigs, Bill Sattler, Tommy | All Council Present. Gonzalez, Rachael Jonrowe.Troy Hellmann, Jerry | Hannnner{un | |Staff Present: � Paul E. Brandenburg, City Jessica Chapman, � � . ^-__"_. ^_---_'._-=__---_ ~ ^ � /Attorney; W1ich Rundell, Chief Financial Officer; Jim Briggs, General Manager for Utilities, Laurie Brewer, |Assistant CdvK8anoQe�Aoe�tantFhe(�h�f<�bmQh�.Andrew Gpur0in.Planning [�reoto�Susan | Morgan, Finance Director; Lisa Haines, Controller; Jordan K8gddox, Principal Planner; Julie McCartney, � Chief Code Enforcement Officer; Roland VVaibs, Police Captain; W1onk Miller, Transportation Services |Manager; Ed Polasek, Transportation Services Director; Paul Elkins, Energy Services Manager; Glenn | �DiohonQ Utility Finance Finonoi�|Ana|yatJmokieCaney. |Animal Services Manager ' ' ' � ' | Regular Session -To begin no earlier than 06:00 PIVI (Council may, at any time, 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 toOrder —Mayor called the meeting toorder atG:35PM Pledge ofAllegiance Comments from the Mayor -VVelcumaandNleetngProoedurea Prayer Mayor read the proclamation and presented it to Cathy Endebrock on behalf of the National Day of Prayer. - Presentation of Proclamation in honor of Georgetown High School Women's Basketball The proclamation for the basketball team was postponed hothe next meeting. City Council Regional Board Reports City Manager Comments -May 11.2O13Election '2U13Red Poppy Festival - Sncio|Samiue&YouthPrngramFunding 'Green Cross Presentation City Council Meeting Minutes/ Page I of 7 Pages Action from Executive Session There was no action out of Executive Session. Public Wishing to Address Council On a subiect 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 subject 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 - Allen Bergeron regarding Honor Flight event John Spahr said he is the Vice Chairmain of Honor Flight Austin. He said the sole purpose of the Honor Flight program is to take WWII veterans to Washington D.C. to visit their memorial. He said many residents of Georgetown have gone on the trip and there is another flight going on next month. He said their biggest concern is that time is not on their side. He said there are fewer than 2 million WWII veterans left. He said they are trying to make a concentrate effort to locate as many veterans as possible. He said this is done at no cost to the veteran, is a donation based effort and not an inexpensive proposition. He said each flight for the veteran costs about $40,000. He said they are planning three flights last year and four this spring. He asked that each of the Council and the public in their travels and positions talk to residents and associations to spread the word about this effort. He said their goal is to have every WWII veteran on an Honor Flight. 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, April 9, 2013 -- Jessica Brettle, City Secretary D Consideration and possible action to approve the appointment of Robert Palko to the Parks and Recreation Advisory Board to fill a vacancy -- Jessica Brettle, City Secretary E Consideration and possible action to approve an application for a Training Grant in the amount of $4760.00 from the Texas Forest Service -- Assistant Chief Clay Shell and Battalion Chief Ray Cummings F Consideration and possible action on a License to Encroach with a bore of Railroad Street public right-of-way, for City of Georgetown, Division A, Outlot 10 (pt.) being 1.17 acres, known as The Caring Place original site, located at 2001 Railroad Street -- David Munk, Development Engineer and Andrew Spurgin, Planning Director G Consideration and possible action to approve the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended March 31, 2013 -- Micki Rundell, Chief Financial Officer, Susan Morgan, Finance Director and Lisa Haines, Controller. Motion by Meigs, second by Eason 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: H First Reading of an Ordinance authorizing the issuance of the City of Georgetown, Texas General Obligation Bonds, Series 2013; levying an ad valorem tax in support of the bonds, approving a paying agent/registrar; an official statement, and other related documents; awarding the sale of the bonds and authorizing other matters relating to the bonds -- Micki Rundell, Chief Financial Officer (action required) Rundell said this is the first of three bond ordinances on the agenda this evening. She noted each are City Council Meeting Minutes/ Page 2 of 7 Pages first and only readings. She said, in this bond issue, there are two portions for the public safety facility and the 2008 parks bond authorization. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Gary Kimball said they are pleased to report they received 6 bids, which represent 31 different firms. He said the winning bid was submitted at a 2.82% true interest cost for a 25 year term fixed rate. He said they recommend it for approval. Motion by Meigs, second by Hellmann to approve the Ordinance on first and only reading. Gonzalez asked and Rundell said the City budgeted a 3% interest rate, so this will lower the tax rate and save the City money by about $180,000. Sattler asked and Rundell confirmed these are all voter approved bonds. Jonrowe asked and Rundell said this will leave about $28.5 million left of the parks bond left to spend. Vote on the motion: Approved 7-0 I First Reading of an Ordinance authorizing the issuance of the City of Georgetown, Texas, Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2013, authorizing the levy of an ad valorem tax and the pledge of certain revenues in support of the certificates; approving an official statement, a paying agent/registrar agreement, and other related documents; awarding the sale of the certificates: and other matters related to the certificates -- Micki Rundell, Chief Financial Officer (action required) Rundell described the item and said these are COs which would normally be tax supported. She said, in this case, they are self supported and will support the construction and improvements to the west side service center. She said this will be paid for by electric and water services areas. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Kimball said the winning bid came in at a 2.77% interest rate and there were 31 bidders. He said 3% was the bogie for the budget on this bond issue He added the rate is a little lower because the term is shorter at 20 years. Motion by Meigs, second by Sattler to approve the Ordinance on first and only reading. Mayor asked and Kimball said each of these has a 10 year call period. Approved 7-0 J First Reading of an Ordinance authorizing the issuance of City of Georgetown, Texas General Obligation Refunding Bonds, Series 2013; authorizing the levy of an ad valorem tax in support of the bonds; approving an official statement, a paying agent/registrar agreement, a purchase agreement and an escrow agreement; establishing procedures for selling and delivery of the bonds; and authorizing other matters relating to the bonds -- Micki Rundell, Chief Financial Officer (action required) Rundell said this authorizes the issuance of refunding bonds that are not being sold at this point. She said the City followed the same process last year. She said there is about $13 million that could be refunded with a savings over $750,000. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Kimball said IRS regulations require they separate the issuance by 15 days of any refunding issue from a new money issue if they are done on a tax exempt basis. He said, otherwise, they would be limiting the city's ability when it comes time to exercise refinancing on these bonds. He said the standard City policy on a refinancing is to achieve net present value savings of at least 3% and the candidates identified are in the 7% range. He noted they are asking for permission to hit the market after the 15 days and report to Council the results. Motion by Meigs, second by Sattler to approve the Ordinance on first and only reading. Vote on the motion: Approved 7-0 K Public Hearing on the voluntary annexation into the city limits of 21.47 acres in the Lewis Dyches Survey, to be known as the 1460 and Inner Loop Subdivision -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Spurgin described the item for Council. Public Hearing was opened at 7:12PM City Council Meeting Minutes/ Page 3 of 7 Pages No persons were present to speak Public Hearing closed at 7:12PM No action was taken. L Public Hearing on the voluntary annexation into the city limits of 4.5 acres in the Powell Survey, to be known as Mac Haik Ford expansion, located on Gateway Drive -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Spurgin described the item for Council. Public Hearing was opened at 7:13PM No persons were present to speak Public Hearing was closed at 7:13PM No action was taken. M Public Hearing on the voluntary annexation into the city limits of 18.93 acres in the L.J. Dyches, to be known as Vantage at Georgetown, located on FM 1460 South of SE Inner Loop -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Spurgin described the item for Council. Public Hearing was opened at 7:14PM No persons were present to speak Public Hearing was closed at 7:14PM No action was taken. N Public Hearing on the voluntary annexation into the city limits of 6.14 acres in the Powell Survey, to be known as Mercedes-Benz of Georgetown expansion, located on Gateway Drive -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Spurgin described the item for Council. Public Hearing was opened at 7:15PM No persons were present to speak Public Hearing was closed at 7:15PM No action was taken. O Discussion and possible action related to the proposed consolidation of Chisholm Trail Special Utility District (CTSUD), including the proposed Asset Purchase Agreement, the proposed Operational Services Agreement, and related documents -- Jim Briggs, General Manager for Utilities Briggs described the item and noted last Thursday, the District Board moved forward with not approving the agreement. He said the City started this process in the Fall 2011 and that was the discussion we wanted to take up regarding requesting transfer from the CCN to Georgetown. He noted it appears the last elements that the parties could not get over in order for an agreement to happen were trust and representation on the Local Government Corporation. He said, for the long term growth in the area, everyone will probably be disappointed that they could not reach an agreement. He showed Council a presentation made back in December 2011, which discussed the alternatives for service territory exchange. He walked through the three options presented to Council at that time. He said staff tonight is requesting that the City follow the path as discussed in Executive Session. He said he has requested formal notification from Chisholm regarding their decision but noted he has yet to received a response to his communication and it has been several days. He said he hopes to receive communication sometime this week. Motion by Meigs, second by Hellmann to move forward as discussed in Executive Session. Approved 7-0 P Discussion and possible action regarding the Unified Development Code, Chapter 10 requirements for City Council Meeting Minutes/ Page 4 of 7 Pages Temporary Real Estate and home builder Open House Signs, adopted November 23, 2010 -- Julie McCartney, Chief Code Enforcement Officer, and Roland Waits, City of Georgetown Police Captain Waits said this has been an ongoing issue for several years. He said in March 2011 is brought to Council to modify or amend the existing Ordinance regarding open house signs. He said there was extensive work done regarding rewriting the Ordinance and staff was given direction by Council to postpone or have a moratorium for the enforcement of these signs. He noted the economy is starting to bounce back and said, on average, there are about 60 signs per weekend located on major thoroughfares and state owned right of ways. He noted it distracts but added he does not know what it does for the business of builder or realtor. He is asking Council to determine how they would like to deal with this issue. He said staff can enforce it as written or not enforce it at all. Motion by Eason, second by Jonrowe to approve the rewrite of the Ordinance in order to start enforcing the Ordinance. Brandenburg said this would allow the City to regulate location, times and fees. He noted staff recommends that we move forward with the Ordinance rewrite. Sattler asked and Waits said they can put out signs but there is a permitting process the person must go through. Waits said staff wants to be able to limit the amount of signs and the area in which they can post them. There were a lot of questions about the permits and regulations contained in the Ordinance rewrite. Eason withdrew her motion. Motion by Hellmann, second by Meigs to bring back the Ordinance with an amendment to include a weekend flat fee of $25. Vote on the motion: Approved 7-0 Q Consideration and possible action to approve the implementation of the next phases of the City's Compensation Plan, including the approval to implement Phase 2.5 with identified savings effective May 2013 -- Micki Rundell, Chief Financial Officer Rundell described the item and said staff is asking to go forward with the implementation of phase 2.5 of the compensation plan. She said they are asking to redirect some of the unused and unspent funds and are asking to include phase 3 and 3.5, which accounts for the 40% that was originally envisioned for the budget. She said it will be included in the base budget for 2013/2014 as well as to adopt the maintenance plan. She said those final additions to the maintenance plan will be brought back to the Council on June 11. Motion by Meigs, second by Hammerlun to approve. Hellmann asked and Rundell confirmed this will fully implement the plan and the plan will be maintained according to the policy. Vote on the motion: Approved 7-0 R Consideration and possible action to approve the Second Amended Tax Increment Financing Agreement with Williamson County for the Rivery Tax Increment Reinvestment Zone -- Bridget Chapman, Acting City Attorney and Micki Rundell, Chief Financial Officer Chapman said, on September 2008, the City entered into an agreement with Williamson County for the Rivery Tax Increment Reinvestment Zone. She said it was amended in 2012 and staff is finding that it needs to be amended once more. She said, by this agreement, we will increase the area of the TIRZ, fix the size of the conference convention center ballroom as a minimum of 16,000 square feet and extend the term of the agreement to December 31, 2041. Motion by Jonrowe, second by Hellman to approve the agreement Speaker, Jeff Novak, thanked Council for the action they are taking in support of the project. Vote on the motion: Approved 7-0 City Council Meeting Minutes/ Page 5 of 7 Pages S Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve a contract with Smith Contracting Co., Inc., of Austin Texas, for the 2011-2012 Streets and Drainage CIP (Reconstruction and Rehabilitation) for the base bid of $458,573.15 plus an alternate bid of $108,538.00 in the amount of $567,111.15. -- Mark Miller Transportation Services Manager and Edward G. Polasek, AICP, Transportation Services Director Miller described the item and said this is for the reconstruction and rehabilitation of City streets under the 2011-2012 Streets and Drainage CIP. He listed the projects being covered by this cost. He explained the alternate bids to the Council and how that will work. He said GTAB and staff are both recommending approval of this item. Motion by Meigs, second by Hellmann to approve the contract. Approved 7-0 T Forwarded from the Georgetown Utility System (GUS) Advisory Board: Discussion and possible action to approve a reimbursement agreement with Williamson County for a required utility relocation in conjunction with the IH -35 Frontage road project, in the estimated amount of $307,471.25. -- Paul Elkins, Energy Services Manager and Glenn Dishong, Utility Director Elkins spoke about the construction along hte 1-35 Frontage Road and said it is a County led project. He said, since it is an interstate project, TXDOT has agreed to reimburse the City for the utility relocation related to the project. Motion by Hellmann, second by Sattler to approve the agreement. Approved 7-0 U Forwarded from the Georgetown Utility System (GUS) Advisory Board: Discussion and possible action regarding execution of Amendment No. 3 to the Water Utility Services Agreement between the City and Highlands at Mayfield Ranch, Ltd., relating to the timing and amount of the capacity payment for the Escalera Elevated Storage Tank -- Glenn Dishong, Utility Director Dishong described the item and said this third amendment is related to the timing and the amount of the payment for the Escalera Tank. She said the timing has been deferred from now until when they issue their MUD bonds. He said the pricing has been reduced for a preferred piping as well as the installation of services on that pipe. Motion by Gonzalez, second by Meigs to approve. Approved 7-0 V First Reading of an Ordinance amending the 2012/13 Annual Budget due to conditions that resulted in new program requirements in the current year, and excess fund balance at the end of fiscal year 2011/12 due to the timing of capital projects and other expenditures; appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith -- Susan Morgan, Finance Director and Micki Rundell, Chief Financial Officer (action required) Morgan read only the caption of the Ordinance after having satisfied the requirements of the City Charter. She described the several components of this budget amendment, including a roll forward amendment and fund transfers. She said none of this impacts the fund balance. Motion by Meigs, second by Eason to approve the Ordinance on first reading. Approved 7-0 W First Reading of an Ordinance adding Section 13.38 to the Code of Ordinance of the City of Georgetown entitled "Risk Management Policy" authorizing participation in the ERCOT CRR Market and codifying procedures for managing risk exposure and the maintenance of associated documents-- Chris Foster, Financial Analyst and Micki Rundell, Chief Financial Officer (action required) Foster described the item and said ERCOT sent notification to the City that it needs to have a risk management policy that covers everything the City does in the market. He said ERCOT is trying to make sure everyone has the ability to manage the risk exposure to the market. He said this policy will mimic the financial policy but noted it will be going into the utility section of the Code. He listed some of the elements of the proposed Risk Management policy and said this just formalized what the City already does. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. City Council Meeting Minutes/ Page 6 of 7 Pages Motion by Meigs, second by Hellmann to approve the Ordinance on first reading. Approved 7-0 X First Reading of an Ordinance amending Title 7 of the Code of Ordinances of the City of Georgetown, Texas, relating to animals -- Bridget Chapman, Acting City Attorney and Jackie Carey, Animal Services Manager (action required) Chapman described the item and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Hammerlun, second by Eason to approve the Ordinance on first reading. Jonrowe asked and Carey said this Ordinance would not address the behavior of the dogs in the dog park. Carey said the only Ordinance that would effect the dogs in the park is the aggressive dogs Ordinance. Jonrowe asked and Chapman said there are rules that govern the dog park and the rules will apply to the extent that the dog is at large. Carey said she is not sure of the rules because they are under the Parks Department. Chapman said, if the dog is off the leash, it considered at large. Jonrowe said she thinks there are some implications here that need to be sorted out. Chapman said, between this reading and the next, they will look into this issue. Brandenburg said staff will check with Kimberly in Parks and Recreation as well. Vote on the motion: Approved 7-0 Meeting recessed to Executive Session under Sections 551.071 and 551.087 of the Local Governement Code -- 8:06PM Meeting returned to Open Session and adjourned -- 8:55pm Adjournment The meeting was adjourned at 08:55 PM. City Council Meeting Minutes/ Page 7 of 7 Pages n"" A�" oip,' C' cretary. Je sica Bretile