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MIN 08.12.2003 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary No|on presiding. Council Present: Council Absent: Patty Eason, Gabe 8ananO.Doug Smith Jeck All . Noble, John Kirby, Farley Snell, Ken Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Jo Christy Brown, City Attorney; Sandra D. Lee, City Secretary; Ed Po|asnk Chief Long -Range P| Terry Jones,Purchasing Director Policy Development/Review Workshop There was nnworkshop held atthis meeting. Executive Session Regular Session to convene and continue Executive Session, if necessary Executive Session A Sac.551.U71consultation with attorney -pendmQuugauon -rxoma^L. Suarez, Jr. vs. city o/Georgetown, Texas, City o,Georgetown Police Department, Georgetown Police Sgt. Kelly oevou Georgetown Police ooficnJack Lacey, Matt Painter, Brian Grubbs, Cause No. o3-11u-ooeomthe osmmJudicial District Court m Williamson County, Texas Matthew Painter andoriaGrubbs, Plaintiffs v. oawx Morgan, Individually and in his Official Capacity as Chief of Police of the Georgetown Police Department; Robert Hernandez, Individually and in his Official Capacity as Captain of the Georgetown Police Department; Gary Todd Terbush, Individually and in his Official Capacity as Lieutenant of the Georgetown Police Department; Georgetown Police Department; and the City orGeorgetown, Defendants, Cause No. Auo-oA-o14Jw.mthe United States District Court for the Western District orTexas, Austin Division. - Potential Litigation/Settlement Offers - John Simmons, u.u.a.Georgetown Aviation Facilities Complaint mFAA - Legal Advice Regarding Agenda Items and other Matters B 8eo.55i.U72deliberation onreal property - Purchase, exchange, |aaoo, or sale of real property Discussion and possible action regarding the purchase of approximately 6 acres of land for park purposes Discussion and possible action regarding lease agreement with Sabio Engineering, Inc. C Call toOrder Mayor Nelon called the meeting to order at 6:00 p.m. D Pledge mfAllegiance Mayor Nelon led the Pledge. City Council Meeting Minutes/August 12.2803 Page I of 7 Pages E Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. F Announcements and Comments from City Manager Brandenburg announced that a Texas Municipal League (TML) one -day workshop on annexation will be held on September 26, 2003, in Plano. G Citizens Wishing to Address Council - No citizens registered to address the Council. H Action from Executive Session There was no action from Executive Session at this time. Statutory Consent Agenda Consideration and possible action to approve the minutes of the Special Meeting on Wednesday, July 16, the Council Workshop on Monday, July 21, and the Regular Council Meeting on Tuesday, July 22, 2003 -- Sandra D. Lee, City Secretary J Consideration and possible action to approve a contract amendment between the City of Georgetown and Camp, Dresser, and McKee, Inc. (CDM) for professional services relating to the design of the Berry Creek Lift Station Improvements in the amount of $48,500.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Kirby asked and Dishong responded that this item is for the design of a new lift station for the Berry Creek Treatment plant. K Consideration and possible action to approve payment to LCRA for engineering services related to the upgrade of Georgetown Utility System facilities within the LCRA owned Substations in the amount of $34,685.00 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations L Consideration for the declaration of surplus equipment and authorizing staff to negotiate and execute a contract for auctioneering services --Terry Jones, Purchasing Director and Micki Rundell, Director of Finanance and Administration M Consideration and possible action to approve a collateral assignment of the Lease Agreement between the City of Georgetown and Microfusion, Inc. to PNB Financial Bank -- Tom Yantis, Assistant City Manager for Operations N Consideration and possible action on the selection of the architectural firm of Morales and Associates to perform design work for the Animal Shelter in the amount of $46,100.00 --Terry Jones, Purchasing Director; Ken Finn, Animal Services Supervisor; and Tom Yantis, Assistant City Manager for Operations This item was pulled by Evans to the Regular Agenda. O Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended June 30, 2003 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration P Consideration and possible action to vote to place adoption of the proposed tax rate on a future agenda -- Micki Rundell, Director of Finance and Administration This item was pulled by Kirby to the Regular Agenda. Q Consideration and possible action on a resolution to accept the 2003 Tax Appraisal Roll for the City of Georgetown as presented by Deborah Hunt, Tax Assessor -Collector -- Micki Rundell, Director of Finance and Administration R Consideration and possible action to authorize the Mayor to execute a cooperative agreement with City Council Meeting Minutes/August 12, 2003 Page 2 of 7 Pages Williamson County for the City's participation in the Williamson County Urban County Qualification for Community Development Block Grant -- Tom Yantis, Assistant City Manager Motion by Sansing, second by Smith to approve the Consent Agenda with the exception of Items N and P which were pulled to the Regular Agenda for individual consideration. Approved 7-0. Legislative Regular Agenda N Consideration and possible action on the selection of the architectural firm of Morales and Associates to perform design work for the Animal Shelter in the amount of $46,100.00 --Terry Jones, Purchasing Director; Ken Finn, Animal Services Supervisor; and Tom Yantis, Assistant City Manager for Operations Evans asked and Jones responded that there were written RFP's sent to three architectural firms in Georgetown. Evans said 1113 Architects in Georgetown told him they did not receive a Request for Proposal. Noble said he was also concerned that there were no local architects. Jones and Yantis said the RFQ contained a requirement that the architect have previous experience in designing animal shelters. Sansing asked that we make every effort to do business locally. Motion by Sansing, second by Noble to approve the selection of Morales and Associates. Approved 5-2. (Eason and Evans opposed) P Consideration and possible action to vote to place adoption of the proposed tax rate on a future agenda -- Micki Rundell, Director of Finance and Administration Brandenburg said the motion needs to reflect the rate, noting that an example motion is on the cover sheet for the item. John Kirby said he will post an item on the next agenda to achieve a budget without a tax increase. It was explained that the date being set is just for the public hearing and would not commit the Council to adopting the proposed rate. Motion by Sansing, second by Noble to approve setting the date for the public hearing. Brandenburg read the required verbage: to vote to place adoption of this tax rate of 0.32194 cents per $100 valuation, 0.22177 cents for Maintenance and Operation and 0.10017 cents for debt service, as an action item at the August 26, 2003, regular meeting to be held at 6:00 p.m. in the Georgetown Municipal Complex, located at 300 Industrial Avenue, Georgetown, Texas, in the San Gabriel Room. Approved 7-0. S Consideration and possible action on funding allocations for contracted community/social services for 2003/2004 budget year -- Paul Brandenburg, City Manager Snell distributed on the dais and read his proposed list of allocations. (A copy is attached to these minutes.) Motion by Snell, second by Evans to approve the proposed amounts as read. Smith mentioned that some of the agencies have been hurt by the difficult economy and asked for more support for the Community Clinic due to a deluge of mental health patients that have been turned away by the state. There was further discussion. Snell said the policy was to give financial assistance to those agencies who provide direct services for physical needs. He suggested that the Williamson County Children's Advocacy Center be supported by the police department. Kendall Young, 140 Scissortail Trail, explained that the project for which funds are being requested by the Art Guild is training for the young people in the juvenile detention home. Motion by Smith to amend Snell's motion as follows: The Georgetown Community Clinic shall receive $15 for each patient who is a resident of the City, with maximum of $57,375, taking $375 from the $1000 designated to assist in the purchase of a van for the Central Texas Veteran's Health Care System, making the contribution for the van $625. This motion died for lack of second. Motion by Kirby, second by Sansing to amend Snell's motion because the amount requested by Project Graduation is the amount of the rental for the Community Center and the lifeguard, there should be a way to put the $700 into the total amount of funds being provided for social services or as an increase to the $180,000. Sansing suggested using the Council Contingency Fund for the $700. City Council Meeting Minutes/August 12, 2003 Page 3 of 7 Pages Brandenburg said they would need to amend their policy in order to waive the Community Center fees for Project Graduation. He also warned the Council that there will be other groups coming forward for the same treatment out of social service funding. Evans pointed out that if the $700 is taken from the Council Contingency Fund, this would not qualify as an amendment to Snell's motion. Sansing withdrew his second. Motion by Kirby to take the $700 out of the Council Contingency Fund. Motion by Smith, second by Sansing to amend Snell's motion to give the Community Clinic $15 for each patient who is a resident of the City with a maximum of $57,000. Approved 7-0. Sansing said he would like to see some of the new agencies receive some of the new money, and since they didn't receive anything after increasing the total amount by $40,000, he said he thought the amount should revert back to $140,000. Motion by Sansing, second by Kirby to reduce the amount to $140,000. Denied 5-2. (Eason, Evans, Noble, Snell, Smith opposed) Vote on the amended original motion by Snell: Approved 7-0. T Consideration of an award of the annual bid for flexible base material to First Choice Transportation in the estimated amount of $55,944.00, and for manufactured sand and rock to Capitol Aggregates in the estimated amount of $45,300.00 -- Terry Jones, Purchasing Director; Mark Miller, Street Superintendent; and Jim Briggs, Assistant City Manager for Utility Operations Jones explained the item. Motion by Noble, second by Evans to approve the award of annual bid. Sansing asked and Jones responded that requests for bid were sent to local providers. Approved 7-0. U Consideration and possible action to award the contract and enter into contract negotiations for the operations of the City's water and wastewater plants for the next five (5) years with a budget of approximately $2,000,000.00 for fiscal year 2003/2004 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Jack Noble recused himself and left the dais. Briggs noted that this item had been discussed at the workshop. He noted that the City has contracted its water/wastewater services for the last 10 years, and that contract has been with OMI. He told Council that the GUS Advisory Board recommends that both the water and wastewater services be provided by Brazos River Autority, and the staff recommends that the services be split with water being operated by OMI, and wastewater services provided by BRA. Smith and Sansing asked and Joe Luera and Jim Briggs responded about the figures on the comparison chart between OMI and BRA. Evans asked if there are termination provisions to prevent renegotiating the price. Briggs said there is a 180 -day point of notification for termination. If there is a failure to perform, the owner has the right to take over the operations, which could be easily accomplished if the project is split between two providers. Evans confirmed with Briggs that the contract will come back to the Council each year for re -approval. Kirby asked about the adjustment in last year's contract of $750,000, and Briggs responded that there are adjustments for flow, and last year there were two new facilities added that were included in amendments to the contract. There was discussion regarding the Wade Crossing facility. Kirby also asked Briggs to explain the situation where a former OMI employee committed fraud and was prosecuted. Briggs explained that OMI refunded the City for the out -of -scope work that might have impacted the City during the company's internal issues. He said the City had only $2500 worth of City exposure. Kirby asked and Briggs responded that there have been a total of five or six incidents of heptaclor or mercury incursions within a five-year period in the wastewater system. He said there were a total of 13 issues, many small, with the TCEQ last year. He said this year there has only been one issue, due to a rule change. At Kirby's question, Briggs explained a wastewater problem caused by a power outage due to a lightning strike, and said it was not recorded as a violation. There were other questions. John Baker, Central Basin Manager for the Brazos River Autority, with three additional minutes allocated by John Collinsworth, told Council that compliance is not an option and is absolutely required. He said he doesn't expect the City to have to pay any extra in this contract due to additional flows that might occur. He explained further methods of calculating savings. He said BRA had been warned by the City that there City Council Meeting Minutes/August 12, 2003 Page 4 of 7 Pages would be no lobbying of the City Council, and they have adhered to that policy. Eason asked if Baker is comfortable with the way the staff has split out the costs. He said BRA has some concerns, but they have not been able to see the other proposals. He said the BRA proposal is "absolute" with no "footnotes" or variables. Snell confirmed that even if the flows change, BRA will stay with their pricing, with adjustments made in the next 5 -year period. Sansing asked Baker to respond about the BRA relationship with the City of Waco. Baker explained that for many years the BRA had given "favored nation" status to the City of Waco, then recently, due to complaints from other customers, had to withdraw that status. He said Waco has asked for an "early out' of their contract. Roger Quayle, Executive Vice President, OMI, told Council that OMI has a full-time operator and 16 employees here in Georgetown with other employees to be drawn from other projects, if necessary. He spoke about their parent company, CH2M Hill. He said the OMI proposal is in full compliance with the RFQ. He told Council OMI has won more local and state awards that any other company in the country, and they also received the Malcolm Baldridge Award this year from President Bush. Sansing asked and Briggs spoke about pre-treatment prices, saying the City could use an outside contractor for that operation. Kendall Young, 140 Scissortail Trail, member of the GUS Board, but speaking for himself, said the "people" are great, but sometimes the "process" is not. He asked that the subjective determinations be eliminated. He said he believes the decision made by the GUS Board (BRA for water and wastewater) is the way the Council should vote. Snell asked Briggs to comment on Baker's statement that their price is fixed for the next five years no matter the flow. Briggs said he has a problem if the company that is operating our system is being stressed by not making adequate income. He said he would prefer to allow adjustments at the end of each year. He also said that if the wastewater flow is not as great as has been projected, the City will lose money unless it is "trued up" at the end of each year. Nelon noted that the process is that the Council approves the proposal, then the staff will negotiate a contract and bring it back to the Council for approval. Sansing asked for Executive Session. 8:00 p.m. -- recessed to Executive Session 8:13 p.m. -- resumed Open Session Lotion by Kirby, second by Eason to accept the guidance of the GUS Board and enter into negotiations with BRA for both contracts. Smith asked and Briggs responded about having one company operate both systems. Briggs said the City would have more advantage if the contract were split. Vote on the motion: Tied 3-3. (Sansing, Snell and Evans opposed) (Mayor Nelon broke the tie) Revised vote, motion denied: 3-4 (Sansing, Snell, Evans and Nelon opposed) Motion by Smith, second by Evans to award the wastewater contract to BRA and the water contract to OMI. Motion by Kirby, second by Smith to amend the previous motion that the contract with OMI be done in such a way that it is a firm, bid the same as BRA. Smith asked and Briggs responded that both contracts would be negotiated on the same "level field." Motion failed 5-1. (Smith, Eason, Evans, Snell and Sansing opposed) Vote on the previous motion: Approved 5-1 (Kirby opposed) V Consideration and possible action on a resolution supporting the establishment of a Certificate of Convenience and Necessity (CCN) for wastewater service by the City of Liberty Hill, the Brazos River Authority, and the Lower Colorado River Authority; also known as "The Alliance" -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs explained that the City of Liberty Hill has been working with the Alliance to establish a wastewater system to handle their rapid growth. Briggs said, if this is approved, they will discharge into the South San Gabriel River. He said currently the only city qualified to discharge into the South San Gabriel River is Bertram and the Alliance has asked the City of Georgetown to agree as long as Georgetown has complete City Council Meeting Minutes/August 12, 2003 Page 5 of 7 Pages review authority over the discharge. Motion by Evans, second by Kirby to approve the resolution. Approved 7-0. W Consideration and possible action on a resolution granting a petition for the annexation into the City for 9.88 acres, more or less, in the Joseph Thompson Survey, located 100 feet north of and parallel to the approximate center line of the South Fork of the San Gabriel River -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Planning and Development Services Polasek explained that this is the first step in the annexation process. Brandenburg provided a copy of the Annexation Policy. Motion by Snell, second by Evans to approve the resolution granting a petition for the annexation of the 9.88 acres. Snell said he wants to make sure that Council develops a plan for how to determine when annexation is a good idea. Brandenburg said there could be a future workshop regarding this issue. Nelon asked that the Century Plan be a part of the discussion. Approved 7-0. X Consideration and possible action on a resolution granting a petition for the annexation into the City for 307.848 acres, more or less, in the Joseph Thompson Survey, Abstract 608, located at 2951 SH 29 West, 2.5 miles West of I H35 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Planning and Development Services Polasek noted that this property would be contiguous if the land in the previous item is annexed. Motion by Noble, second by Sansing to approve the resolution granting a petition for the annexation of the 307.848 acres. Approved 7-0. Y Consideration and possible action on a resolution granting a petition for the annexation into the City for 50.381 acres, more or less, in the Joseph Fish Survey, Abstract 232, located 0.6 miles east of the intersection of Shell Road and Williams Drive -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Planning and Development Services Polasek explained the item. Motion by Kirby, second by Evans to approve the resolution granting a petition for the annexation of the 50.381 acres. Approved 7-0. Z First Readings 1. First Reading of an Ordinance amending Chapter 13.12 of the Code of Ordinances of the City of Georgetown pertaining to "Garbage Collection and Disposal" to prohibit scattering, scavenging from, disturbing or removing the contents from recycling containers; and establishing an effective date -- Paul Brandenburg, City Manager Brandenburg said residents complained that people are removing recyclable containers at curbside. Motion by Noble, second by Evans to approve the ordinance on first reading. Approved 6-1. (Smith opposed) 2. First Reading of an Ordinance for a Century Plan Amendment for 307.848 acres out of the Isaac Donagan Survey and the Joseph Thompson Survey, from the existing Intensity Level 1 to Intensity Level 4, and to modify the Thoroughfare Plan by shifting the proposed SW3 Collector Level Road to the east property line and to modify the Future Land Use Plan by shifting the Commercial Node with the SW3 Collector Level Road, located at 2951 SH 29 West, 2.5 miles West of IH35 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Planning and Development Services Polasek read only the caption on first reading after having satisfied the requirements of the City Charter. Polasek noted that the workshop requested by the Council was held, and the Planning and Zoning Commission and staff recommend approval of the amendment. There were questions from the Council. Noble noted that he is not comfortable changing the intensity level until the other steps in the planning process have been accomplished. It was noted that the ordinance could be modified before the second reading. Sansing noted that the alternative to annexation could be septic systems. Snell noted that annexation could be done without changing the intensity. Motion by Sansing, second by Smith to accept the staff recommendation but direct staff to restrict the intensity level to the commercial and City Council Meeting Minutes/August 12, 2003 Page 6 of 7 Pages multi -family nodes prior to the second reading. Motion failed 5-2. (Eason, Evans, Noble, Kirby, Snell opposed) Terry Irion, representing Harvard Investments, told Council that Harvard first started working with the staff last July, saying the property is listed on the land use plan as residential, and was recommended by staff to be medium or moderate residential development. He said the developer is allowed to develop the property, whether or not the Council annexes, under the limited restrictions for the extraterritorial jurisdiction. He asked Council for a deferral rather than being turned down. There was discussion that it would be possible for the request to come back to the Council prior to the standard six months on a Century Plan item. Irion asked Council to tell him what they want. 8:57 p.m. -- motion to adjourn The meeting was adjourned at 08:57 PM. f App&ved ayor ary Nel n City Council Meeting Minutes/August 12, 2003 Page 7 of 7 Pages Attes City Secretary Sandra Lee