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HomeMy WebLinkAboutMIN 10.12.1999 CC-W&RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor presiding. Council -!CouncilAbsent: Valdez,Charles "Hoss" Burson, Ferd Tonn, Shorty [Lee Bain, Charlie Barton • • Staff Present: Bob Hart, City Manager; George Russell, Assistant City Manager; Marianne Banks, City Attorney, Art Rodriguez, Assistant City Attorney; Shirley J. Rinn, Deputy City Secretary; Jim Briggs, Director of Community Owned Utilities, Mike Mayben, Energy Services Manager; Clyde von Rosenburg, Chief Long -Term Planner, Kathy Ragsdale, Utility Office Director; Ed Berry, Director of Development Services; Pablo Holguin, Director of Employee and Organizational Services, Mikki Rundell, Accounting Director; Don Rundell, City Engineer; Tom Yantis, Director of Information Resources, Shelly Brown, Administrative Assistant for Information Resources; Tom Bolt, Building Plan Reviewer; Jim Babcock, Development Technician; Wendy Walsh, Development Planner Policy DevelopmentlReview Workshop Called to order 5: 42 p.m. A Discussion of a resolution declaring to "opt in to competition for the sale of electric power in anticipation of electric deregulation (discussion to include officials from the Public Utility Commission and Reliant Energy) No action is to be taken. Action is scheduled for October 26, 1999 regular meeting. -- Bob Hart Hart gave a follow-up review from last workshop's discussion on deregulation and the benefits of"opting in." Hart introduced three guests: Brett Slocum - legal counsel for *Ttaxa� "� Mies Public Utility Commission, Jerry Winter VP - Reliant Energy, Aldie Warnock - Director of Regulatory Affairs for Reliant Energy. These guest speakers gave a*vef!f- ila�* presentation on *some of the advantages and disadvantages of opting in. They discussed subjects ranging from peoples" fears that there won't be enough energy to how the provisions of Texas Senate Bill 7 provide *real* opportunity for retail energy companies to come in and compete. There was discussion about Electric Remote Access metering and how it will allow the pricing of products beyond what most providers are able to supply. There was also discussion about the bundling of other services with the energy bill; market groups and how to approach them; and how this competition is going to be a great thing for Texas. * There was also discussion about the provision of Senate Bill 7 that prevents "cherry picking." Energy companies must have to have 5% of their customer base as residential customers to ensure competition in the market place. *(as corrected by Clark Lyda) City Council Meeting Minutes/October 12, 1999 Page 1 of 7 Pages Kersch asked about affiliations and packaging of services. She wanted to know if there are any provisions in the bill to remedy complaints. There was discussion about the Customer's Bill of Rights, including ease of reading the bill, and Deceptive Trade Practices Act provisions. Companies in violation can be brought to the Public Utility Commission (PUC). Tonn asked about the "wheeling" situation. There was discussion about retail energy providers and how they will deal with wholesale generating companies Lyda expressed concern about the timing of "opting in." He said that he doesn't want Georgetown to become a testing ground for deregulation. He said he is trying to discern whether or not Georgetown should wait or "opt in" now. Hart said he feels like we are going to have a stronger position to divide out dual service areas by "opting in" now. Municipalities currently don't deal with the PUC. Hart said that by "opting in" now, it gives the City a presence with the PUC. Lyda expressed concern that * "opting in" will affect the long-term relationship between LCRA and the City with regard to the purchase of a long-term water supply. Hart gave a discussion about other alternatives for water that will be brought to the Council in the future and explained how the two issues are separate. He said he didn't feel like actions relating to the "electric side" would have a negative impact on the "water side." *(as corrected by Clark Lyda) Jim Brown, from the audience, said that it looks like there would be a lot of options that would be available and as a consumer he would need help to look at all the options. Hart said that one of the options that the City would have is to put together consumer guides to help consumers. Hart also said that energyguide .corn is an internet site that may help consumers right now. B Discussion of the suspended Manufactured Housing regulations -- Clyde von Rosenberg This item was postponed until the October 26, 1999 Council Meeting. 6:52 p.m. recessed for break. Reconvened at 7:09 for Executive Session Regular Session - To convene Executive Session (Council reserves the right to convene into Executive Session at any time during the meeting regarding any agenda item.) C Sec.551.071 consultation with attorney D Sec.551.072 deliberation on real property Ratification of a potential settlement agreement with protestants of the Pecan Branch Wastewater Treatment Plant permit. --Marianne Banks and Art Rodriguez reconvened at 7:20 E Action from Executive Session Motion by Lyda, second by Tonn to defer ratification of a potential settlement agreement with protestants of the Pecan Branch Wastewater Treatment Plant at a date to be determined. Approved 5-0. Mayor, Council, City Manager, and staff comments and reports Mayor announced the Open Records Meeting to be held on October 15. She also announced that she has invited the Planning and Zoning Commission to attend the Council Workshop at the November 9 Regular Council Meeting. She said the Parks & Recreation Advisory Board will be scheduled to come to the workshop on December 14 and the Governance workshop will be scheduled at the next meeting. City Council Meeting Minutes/October 12, 1999 Page 2 of 7 Pages Additionally, the Interim Urban Design Task Force is scheduled on October 13 and the Joint Workshop with the Council and Task Force on October 19 in the training room at police station. Mayor also announced Police Department Open House on October 25 from 5:00 - 8:00 p.m. G Citizens wishing to address the Council Jonathan Field, 708 Basque Trail, asked for permission to give a noise demonstration. He demonstrated the effect of an airplane flying over houses near the airport. Sieglinde H. Field, 708 Bosque Trail spoke on airport expansion and noise pollution. She listed the number of planes that were logged flying over her home, as well as measurements of the noise created by the planes. She distributed a request for specific action by the Council in regard to the Airport. She also informed the council that there is a web -site, www.showyourhome.com, they can look at for more information. Dolly Friedrich, 610 Shady Hollow: Sieglinde H. Field spoke for Ms. Friedrich asking Council not to expand the Airport. Rose Ann Landers, 710 Shaddy Hollow Drive: Sieglinde H. Field spoke for Ms. Landers asking Council not to expand the Airport. The Mayor informed Ms. Field that the issue could not be resolved at this meeting because it wasn't on the agenda, but suggested that she take this information to the Airport Board. H Consideration of approval of the minutes for the Special Meeting on Wednesday, September 8, 1999, and the Regular Council Meeting on September 28, 1999 -- Sandra Lee Lyda noted corrections to the minutes as follows: Page 2, 2nd Paragraph, 3rd item: change "98-99" to "99-00" Page 2, 2nd Paragraph, 5th item: delete "development" and add "balance of the road will be built concurrently." Page 5, Item T, 2nd Paragraph: add "an additional" before receptionist/secretary Page 7, 3rd full Paragraph (Motion regarding funding for Convention and Visitor's Bureau): It is not noted in the minutes who opposed the motion. Page 8, Item T, next to last paragraph: replace "(and provided on the dais to the Councilmembers)" with "(copy of amendments attached to minutes)" Lyda asked City Attorney Banks to research whether or not formal written minutes are necessary and if the tapes could be used as the official record of the meeting. Lyda asked that this issue be discussed at the next council meeting. Mayor Kersch noted a correction to the minutes on Page 3, Item H, comments from fourth citizen, Lu Juana Zane, as follows: change "Republic" to "Revolution". Hoyt asked for a clarification of the record on Page 9, Item BB. She asked that it be noted in the record that the Council had knowledge, prior to the vote to sponsor the Open Meetings Seminar, that three councilmembers would not be able to attend the seminar on October 15. 1 Consideration of approval of contracts to Texas Electric Cooperative and Solomon Corporation for the Annual Electric Distribution Transformer Bid #99032 -- Terry Jones and Jim Briggs J Consideration of approval of contracts to KBS Electrical Distribution, Inc. and Wesco Distribution, Inc. for City Council Meeting Minutes/October 12, 1999 Page 3 of 7 Pages the Annual Electric Systems Materials Bid #99025 -- Terry Jones and Jim Briggs K Consideration of award of bid to Cunningham Constructor and Associates to construct the Leander Road Pump Station project, in the amount of $506,800.00 -- William Adams and Jim Briggs L Consideration of approval of Change Order No. 1, to deduct the amount of $91,027.00, from the project bid award, to Cunningham Constructors and Associates, related to the Leander Road Pump Station project -- William Adams and Jim Briggs M Consideration of an award of bid to Titan Construction Company, of Cedar Park, Texas, to construct the Parking Lot Improvements at 6th Street and Main Street in the amount of $139,911.49 and a construction budget in the amount of $145,000.00 -- Don Rundell and Jim Briggs N Consideration of approval of an agreement between the City of Georgetown and Jonah Special Utility District (SUD), for the construction of the Southside Water Treatment Plant Improvements (WTP), in the amount of $1,196,247.00. -- William Adams and Jim Briggs Banks gave the Council a new draft of the agreement. Lyda asked if this was a time -critical item. Lyda expressed concern that he had not had a chance to read over the new document. Banks noted that the changes made by the Jonah Board were highlighted. Jim Briggs gave an overview of the changes to the document. O Consideration of approval of an award of bid to Bryan Construction Company, of Bryan, Texas, to construct the Southside Water Treatment Plant (WTP) Ultrafiltration Membrane Improvements, in the amount of $3,581,740.00. --Jim Briggs and William Adams P Consideration and approval of Change Order No. 1 to the contract between the City of Georgetown and Martin K. Eby Construction Company, of Wichita, Kansas, for construction of the Smith Branch Wastewater Interceptor - Phase 11 Project, in the amount of $118,324.00.-- Jim Briggs and Don Rundell Q Consideration of approval of a resolution authorizing the Mayor to execute an Assignment of Lease from B.B.M Hangar -Georgetown, Ltd. (Assignor) to Advance Services, Inc. (Assignee) for 4.42 acres of unimproved airport property known as the Southeast Corp Ramp sites -- Travis McLain and Verna Browning Lyda clarified that he does not have a problem with the assignment, but suggested replacing the justification in Section 1 with Focus End 12.6. Lyda also expressed concern about the last sentence *on page 1* in the Assignment of Lease. Bob Gaylor, from the audience, agreed to delete the last sentence *on page 1*. *(as corrected by Clark Lyda) R Consideration of approval of an amendment to the Lease Agreement between the City and Georgetown Aviation Facilities, LLC. --Travis McLain and Verna Browning Lyda confirmed with Banks that the City Legal Department is "comfortable" with the *affirmative obligation imposed on the City by the* Agreement as written. *(as corrected by Clark Lyda) S Consider authorization to purchase software support and application maintenance for the Georgetown Public Safety Software System from Queues Enforth Development, not to exceed $35,000 each fiscal year for the next three years. --Tom Yantis T Consider authorization to purchase software support and application maintenance for the Georgetown Financial Management Software System from Incode, Inc., not to exceed $25,000 each fiscal year for the next three years. --Tom Yantis U Consider authorization to purchase software, hardware and application support for the Georgetown Public Library Automated Catalog and Internet Access Systems from Ameritech Library Services, not to exceed $20,000 each fiscal year for the next three years. --Tom Yantis V Consider authorization to purchase hardware maintenance and support for the City of Georgetown's City Council Meeting Minutes/October 12, 1999 Page 4 of 7 Pages IBM AIX computer systems and IBM network printers from IBM, not to exceed $20,000 each fiscal year for the next three years. --Tom Yantis W Consideration of a resolution approving an amendment to the existing depository agreement between the City and Hartland Bank for an extension period of two months, ending December 31, 1999. -- Micki Rundell and Susan L. Morgan Motion by Valdez, second by Hoyt to approve the Consent Agenda with the exception of Items, K, L, S, T, U, V that were moved to the Legislative Regular Agenda and with the corrections made to the minutes as spoken by Lyda, Kersch and Hoyt, and the change reflected in Item Q. Approved 5-0. Legislative Regular Agenda K Consideration of award of bid to Cunningham Constructor and Associates to construct the Leander Road Pump Station project, in the amount of $506,800.00 -- William Adams and Jim Briggs Jim Briggs explained the need for a pump station to provide adequate flow and pressure in that area since the ground elevation is higher. He also explained the bid process and recommended approval. Lyda confirmed that Item L is a reduction of Item K asked for clarification on the deletion of a pump for future use. Lyda expressed concern about the total cost of the project. Lyda said that he recalled that Council had been told that all costs were to be paid by the Escalera Ranch Development, *and that by his calculation, the net present value of the payments by Escalera would fall substantially short of the total cost`. *(as corrected by Clark Lyda) Briggs said that he feels like the total costs will be in the range $1.8 and that the City will have some obligations for service, especially in the White Tail area and our certificated area for service. Briggs explained the allocation of costs to Escalera. Lyda asked and was told that there are approximately 190 potential customers. Briggs added that the City has also been contacted by a property owner adjacent to White Tail who is planning a development of 250 homes. Hart further explained the calculation of costs Lyda asked about the costs of fire and police service. Hart said that the area is outside the City limits, so Police and Fire were not factored. Lyda asked and was told by Banks the development is being voluntarily annexed into our ETJ. Lyda asked *if it was the intention of the City to annex*, and was told by Banks that the City has no obligation to annex the development. Lyda asked and was told by Banks that it is not in our electric service area. *(as corrected by Clark Lyda) Motion by Valdez, second by Hoyt to award bid. Approved 4-1 (Lyda opposed) L Consideration of approval of Change Order No. 1, to deduct the amount of $91,027.00, from the project bid award, to Cunningham Constructors and Associates, related to the Leander Road Pump Station project -- William Adams and Jim Briggs Motion by Hoyt, second by Tonn to approve Change Order No. 1. Approved 4-1. (Lyda Opposed) S Consider authorization to purchase software support and application maintenance for the Georgetown Public Safety Software System from Queues Enforth Development, not to exceed $35,000 each fiscal year for the next three years. --Tom Yantis Yantis explained that this is the City's annual contract for software support and maintenance. Jim Brown, from the audience, asked how the billing on this contract and the contracts in Items T, U, & V is handled. Yantis said that the contracts are billed on an annual basis, explaining how each item is billed and how modifications are built into the contracts. Burson asked why Council is being asked to approve it for three years. Yantis explained that the rate is City Council Meeting Minutes/October 12, 1999 Page 5 of 7 Pages essentially the same each year, and to save time, it was decided to ask for approval to renew for three years. Motion by Lyda, second by Burson to authorize the purchase of software support and application maintenance on an annual basis, deleting "each fiscal year for the next three years." Approved 5-0. T Consider authorization to purchase software support and application maintenance for the Georgetown Financial Management Software System from Incode, Inc., not to exceed $25,000 each fiscal year for the next three years. --Tom Yantis Motion by Lyda, second by Burson to authorize the purchase of software support and application maintenance on an annual basis, deleting "each fiscal year for the next three years." Approved 5-0. U Consider authorization to purchase software, hardware and application support for the Georgetown Public Library Automated Catalog and Internet Access Systems from Ameritech Library Services, not to exceed $20,000 each fiscal year for the next three years. --Tom Yantis Motion by Lyda, second by Burson to authorize the purchase of software, hardware, and application support on an annual basis, deleting "each fiscal year for the next three years." Approved 5-0. V Consider authorization to purchase hardware maintenance and support for the City of Georgetown's IBM AIX computer systems and IBM network printers from IBM, not to exceed $20,000 each fiscal year for the next three years. --Tom Yantis Motion by Burson, second by Lyda to authorize the purchase of hardware maintenance and support on an annual basis, deleting "each fiscal year for the next three years." Approved 5-0. X Second Reading of an ordinance to rezone Lost Addition, Block 67, a 0.432 acre tract from RS, Residential Single Family to RP, Residential Planned, or any more restrictive district, located at 401 W. University Avenue -- Tom Bolt and Ed Barry Bolt read caption of ordinance. Motion by Tonn, second by Hoyt to approve Ordinance No. 99-55 on second reading. Approved 5-0. Y Second Reading of an Ordinance to Rezone 108.95 acres in the John Berry Survey, to be known as a Planned Unit Development of Pecan Branch North, a manufactured home park, from A, Agricultural to R -MH, Residential Manufactured Home, or any more restrictive district, located at the northeast corner of FM 971 and CR 152 -- Ed Barry Barry read caption of ordinance. Motion by Tonn, second by Valdez to approve Ordinance 99-56 on second reading. Approved 4-0. (Lyda Abstained) Z Consideration of a Variance to the Subdivision Regulations for Churchill Farms, Section Five, Block A, Lot 14, located at 152 Stonehedge Boulevard -- Jim Babcock and Ed Barry Babcock gave the history of this item. He said that Staff recommended denial because of previous denials and that the Planning & Zoning Commission voted 3-3 on a motion to approve request. Babcock noted that President of the Homeowners Association for Churchill Farms was present at the Planning & Zoning Meeting and the Homeowners Association Is nst eppesed to supports* the variance. Babcock stated that an affirmative vote of the majority of the members present plus one would be needed from the Council to grant the variance. *(as corrected by Clark Lyda) There was discussion about the logistics of the neighborhood, approval of previous variances in the neighborhood and consistency in the neighborhood. Daniel Austin, Reese Custom Homes, 1202 E. Logan, told Council h e represents the builder. He noted variances granted in the past and reasons why he felt like the variance should be granted. He also passed out pictures to the council. Glenn Morris, 152 Stonehedge, asked the Council to grant the variance. He said that everyone in his neighborhood does not oppose the fence. He expressed concern for the safety of his children. He said that the fence is consistent with the fences behind him. He offered Council a copy of a petition from his City Council Meeting Minutes/October 12, 1999 Page 6 of 7 Pages neighbors. Mike Henry, 412 Reinhardt Boulevard, said he was surprised that the fence wasn't approved by the Planning & Zoning Commission. He said that variances have been granted on most of the homes. He said that visually the fence will look consistent. Kersch expressed concern that the fence is adjacent to the sidewalk. Henry said that all through the neighborhood there are fences along the sidewalks. Motion by Lyda, second by Tonn to approve the Variance incorporating the findings of fact that the planning commission made. Approved 4-1. (Hoyt Opposed) Lyda noted that this house is uniquely situated, saying this variance would not harm any other property and gives this property owner another 750 square feet or so of back yard that will be useful area instead of being trapped between sidewalks. AA Consideration of approval to set a date for an Open House on November 1 or 2, 1999, to present project information related to the re -alignment of Country Club Road at Williams Drive. -- Don Rundell and Jim Briggs Briggs explained the logistics of an Open House to present information related to the re -alignment of Country Club Road at Williams Drive. Lyda commented that he appreciates the "spirit" of what is being proposed, but wants to know why we don't do a Public Hearing, saying the same thing could be accomplished at a Public Hearing. He expressed concern that 5:30 p.m. would be too early for most people. There was a discussion regarding whether or not an Open House meets all of the requirements of the Open Meetings Act and whether or not a Public Hearing is needed instead of or in addition to an Open House. Jim Brown, from the audience, asked for an Open House first followed by a Public Hearing. He said he would like to see the material available prior to the Open House so that the public would have an opportunity to study it. Brown also commented that the meeting needed to be highly publicized because more people will be affected than just those on Country Club Road, including Sun City. Motion by Hoyt, second by Lyda to do an abbreviated presentation at the October 26 Council meeting, then hold an Open House on November 1 at 5:30 p.m. followed by a Public Hearing at 6:00 p.m. Approved 5-0. BB Consideration of a resolution directing the Century Plan Housing Plan Working Group to review the suspended regulations for manufactured housing and to recommend appropriate revisions -- Ed Barry Motion by Lyda, second by Hoyt to approve the resolution. Approved 5-0. Motion by Hoyt to adjourn. These minutes were compiled by Deputy City Secretary, Shirley Rinn. • . aE - •: F-T&VIOXIIJ' A' proved Ut, Mayor MaryEllen Kersch City Council Meeting Minutes/October 12, 1999 Page 7 of 7 Pages Attestx-`` > �<1 " City Secretary Sandra -Lee