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MIN 09.09.2003 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present: Council Absent: Patty Eason, Gabe Sansing, Doug Smith, Jack 11 All Council present 11 Noble, John Kirby, Farley Snell, Ken Evans Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell; Director of Finance and Administration; Amelia Sondgeroth, Director of Planning and Development Services; Ed Polasek, Chief Long -Range Planner; Glenn Dishong, WaterNVastewater Service Manager; Kathy Ragsdale, Utility Office Director 1_,olicy Development/Review• •• Xegular Session to convene and continue Executive Session, if necessary There was no Executive Session held at this meeting. D Call to Order Mayor Nelon called the meeting to order at 6:01 p.m. E Pledge of Allegiance Mayor Nelon led the Pledge of Allegiance. F 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. G Announcements and Comments from City Manager Brandenburg made the following announcements: The Police Department has been contacted that Rev. Jesse Jackson will be in town on Friday, September 12, with appearances scheduled at Macedonia Baptist Church, 206 West Street, from 7:00 a.m. to 9:00 a.m. and at Georgetown High School from 9:00 a.m. to 10:45 a.m. In December, the City Council will convene at its regular meeting on Tuesday, December 9, and again, due to date -sensitive issues, the next week at a special meeting on Tuesday, December 16. The regular meeting on the fourth Tuesday of December will be cancelled due to the proximity to the Christmas holidays. City Council Meeting Minutes/September 9, 2003 Page 1 of 8 Pages Upcoming City Council workshops: September 22 -- Joint Workshop with the Airport Advisory Board to receive the noise abatement recommendations from Coffman Associates Discussion and direction on the City's Facility Plan Discussion of annexation policy and development of annexation maps October 13 -- Joint Workshop with the Economic Development Commission October 27 -- Joint Workshop with the Library Advisory Board regarding their proposed new facility H Citizens Wishing to Address Council There were no citizens who registered to address the Council at this item. Action from Executive Session Motion by Smith, second by Evans to increase the City Manager's salary to $120,000 per year effective with the first paycheck of the new fiscal year. Mayor Nelon noted that Brandenburg had received a very favorable evaluation. Approved 7-0. J Consideration and possible action to approve the minutes of the Council Workshop on Monday, August 25, and the Regular Council Meeting on Tuesday, August 26, 2003 -- Shirley Rinn, Deputy City Secretary and Sandra Lee, City Secretary Snell noted that there had been Council discussion regarding the City being informed of the subleases to the Optimist Lease. Yantis said there is language in the lease that the City would be notified of every user. K Discussion and possible action to adopt a Resolution approving the 2003/04 Budget and related Property Tax Assessment for the Georgetown Village Public Improvement District #1 -- Micki Rundell, Director of Finance and Administration L Consideration and possible action regarding an Interlocal Agreement for Public Safety Computer Data Sharing between the City of Georgetown and Williamson County -- Patrick Hurley, Police Lieutenant and Dennis Schoenborn, Director of Information Technology M Consideration and possible action regarding donation of retired personal computers to the Georgetown Independent School District (GISD) -- Dennis Schoenborn, Director of Information Technology N Consideration and approval of a $10,000 contribution to the Williamson County Child Advocacy Center, to be made from the 2002/03 Police Services budget -- David Morgan, Police Chief O Consideration and possible action to authorize the purchase of eight (8) Panasonic Toughbook laptop computers and equipment utilizing funds received from CWICS (County Wide Integrated Communication System) in the amount of approximately $34,564 -- Micki Rundell, Director of Finance and Administration and David Morgan, Chief of Police Noble asked if this purchase was a bid item. Rundell said the computers will be purchased on the state contract. Morgan explained that these computers are specifically designed to withstand heat and vibration in a moving vehicle. Kirby explained that he had questioned the price of the computers, but has been told that this may be the only supplier for the specific type of computer. Kirby asked, in the future, that comparison shopping be done to see if other vendors could supply them at a lower price. P Consideration and possible action authorizing the cost increase for Self Contained Breathing Apparatus (SCBA) purchased from Casco Industries in the amount of $1714.00 and the use of funds from the Billing for Services Special Revenue Account to pay for this equipment -- Anthony Lincoln, Fire Chief Q Consideration and possible action to approve the purchase of four scoreboards for the McMaster Athletic Complex from Nevco Scoreboard Company in the amount of $21,165 -- Glenn Moss, Superintendent of Recreation and Randy Morrow, Director of Parks and Recreation City Council Meeting Minutes/September 9, 2003 Page 2 of 8 Pages Pulled by Noble for consideration on the Legislative Regular Agenda that follows. R Consideration and possible action on the award of the annual bid for emulsion to Koch Pavement Solutions in the estimated amount of of $33,129.00 -- Terry Jones, Purchasing Director; Mark Miller, Transportation Services Manager; and Jim Briggs, Assistant City Manager for Utility Operations S Consideration and possible action to approve the assignment of Joe Thornley's Airport Land Lease Agreement, at 504 Wright Brothers Drive, to Bruce Wilkie -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Motion by Snell, second by Smith to approve the entire Consent Agenda with the exception of Item Q which was pulled for consideration on the Legislative Regular Agenda. Approved 7-0. Legislative Regular Agenda Q Consideration and possible action to approve the purchase of four scoreboards for the McMaster Athletic Complex from Nevco Scoreboard Company in the amount of $21,165 -- Glenn Moss, Superintendent of Recreation and Randy Morrow, Director of Parks and Recreation (pulled from the Consent Agenda by Noble) Noble asked about the funding source. Briggs explained the Utility Fund is paying for the scoreboards because Oncor, Pedernales and other competing utilties were solicited to advertise on the scoreboard, so in order to prevent using advertising from competitors, the City Utility Fund would need to provide the entire funding. He said prior to Cable Channel 10 coming over to the City, the Utility Fund has paid for adveritising of utility service on the cable channel. He said now that the City has been given control of Cable Channel 10, the advertising money can be used to purchase the scoreboards. Morrow explained that the scoreboards are needed in order to attract the many tournaments that won't come to Georgetown because of the lack of electronic scoreboards. Motion by Snell, second by Sansing to approve the purchase. Approved 6-1. (Noble opposed) T Consideration of approval of a resolution authorizing funding agreements between the City of Georgetown and Capital Area Rural Transportation System, Georgetown Community Clinic, The Caring Place, Central Texas Veterans Healthcare Systems, Family Eldercare, Inc., Georgetown Interfaith Caregivers, Habitat for Humanity, Literacy Council of Williamson County, Senior Center at Stonehaven, The Georgetown Project, Williamson -Burnet County Opportunities Inc., Williamson County and Cities Health District, and Williamson County Crisis Center, and for these agencies and organizations to continue to provide services for the citizens of Georgetown -- Paul E. Brandeburg, City Manager Brandenburg explained the item. Motion by Kirby, second by Noble to approve the funding agreements. Approved 7-0. U Discussion and possible action regarding downtown financing tools, retention strategies and development incentives -- Tom Yantis, Assistant City Manager Yantis explained the purpose of the requested Council action. He asked Council to rank the proposed financing tools. He gave a brief synopsis of each funding method. There was discussion regarding the use of any one or several of the funding tools for a variety of reasons. There were questions regarding the structure and procedure when using a Public Improvement District (PID). Carls explained some of the differing methods, but noted that the financial advisors would be reviewing the use of a PID before it would be presented to Council for approval. There was discussion as to how many funding tools could or would be used, depending on the project. It was decided to take a vote of the Council on each of the funding methods. Public Improvement District Approved 5-2 Smith and Snell opposed Municipal Mananagement Districts Not Approved 7-0 Tax Increment Financing Approved 7-0 General Revenue Excess Fund Balance Approved 4-3 Noble, Smith, Sansing opposed Property Tax with a designated percentage Not Approved 1-6 Eason, Evans, Noble, Kirby, Snell, Sansing opposed to support bonds Not Approved 7-0 City Council Meeting Minutes/September 9, 2003 Page 3 of 8 Pages Sales Tax with a designated percentage Approved 6-1 to support bonds Approved 6-1 TIF backstop (sales tax only) Approved 7-0 Downtown Utility Rate Class Approved 6-1 Historic Property Tax Exemption Approved 6-1 Public Private Partnerships Approved 6-1 Property Tax Abatements Approved 4-3 Neighborhood Empowerment Zone Approved 6-1 Kirby opposed Kirby opposed Smith opposed Sansing opposed except on residences Smith opposed Sansing, Eason, Noble opposed Smith opposed Yantis said, based on the results of this survey, staff will establish the proposed boundary for the reinvestment zone. V Consideration and possible action to approve the appointments of Mark Shepherd to the Parks and Recreation Board and Cornelius Daly and Harry Gibbs as Alternates to the Zoning Board of Adjustment -- Mayor Gary Nelon Motion by Noble, second by Evans to approve the appointments. Approved 6-1 (Sansing oppossed) W Consideration and possible action to authorize the Mayor to execute a contract for legal services with the firm of Brown and Carls -- Paul Brandenburg, City Manager Brandenburg explained the item. Sansing asked and Brandenburg explained the need for the increase of $55,000. Carls explained the process for the proposals, and told Council the current contract is "on budget." Motion by Sansing, second by Smith to approve the contract. Approved 7-0. X Forwarded from the Main Street Advisory Board 1. Consideration and possible action regarding the recommendation by the Main Street Advisory Board for the approval of a Fagade Fund Grant of $1676.66 in Hotel Occupancy Tax (HOT) funds to downtown property owner, Kenneth Olson, to be used for refurbishing the fagade of the P & K True Value Hardware Store at 211 W 8th Street -- J. Bryant Boyd, Main Street Advisory Board Chair and Shannon J. Baldridge, Tourism Director and Main Street Manager Joshua McClure, Vice Chair of the Main Street Advisory Board, explained the item. He noted that, as per the grant, this is a reimbursement for a renovation that has already been done. Motion by Sansing, second by Kirby to approve the grant. Approved 7-0. 2. Consideration and possible action regarding the recommendation by the Main Street Advisory Board to prioritize Downtown Master Plan, Phase I Implementation expenditures in the following order: (1) installation of wayfinding signage, (2) implementation of a managed parking plan, supervised by the Police Department, (3) marketing the downtown Georgetown business district, (4) surface repair and patching to the parking lot at 9th and Main with the balance of the $95,000 going to the marketing of the downtown by the Main Street Program, (5) development of a tax increment finance district for funding of long-term, continuous downtown projects -- J. Bryant Boyd, Main Street Advisory Board Chair and Shannon J. Baldridge, Tourism Director and Main Street Manager Eason asked that a workshop be held regarding this item. Brandenburg noted that the workshop might be held at one of the October meetings. Smith noted that the wayfinding signs have been talked about for a long time and should be done as soon as possible. Motion by Smith, second by Snell to proceed with the implementation of the wayfinding signs to the downtown. Approved 7-0. Y Item forwarded from Georgetown Utility System (GUS) Board Consideration and possible action to award a contract to Landmark Structures, of Fort Worth, Texas, and to approve the project budget (in the amount of $1,290,000.00) for construction of the Jennings Branch Elevated Storage Tank -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item and showed on a map the location of the proposed elevated storage tank. Motion by Noble, second by Sansing to approve the award. Approved 7-0. Z Second Readings 1. Second reading of an ordinance levying a tax rate for the City of Georgetown for the tax year City Council Meeting Minutes/September 9, 2003 Page 4 of 8 Pages 2003 -- Micki Rundell, Director of Finance and Administration Rundell explained that this new tax rate is $.32194 of $100 evaluation, a 2.93% increase over last year's rate. She read only the caption on second reading. Motion by Evans, second by Sansing to approve Ordinance 2003-58. Kirby read a statement about why he was not in favor of the proposed increase in the tax rate. He said he thought the City Manager should have removed $350,000 worth of items from the proposed budget. He said he hopes before the next tax year, the Council will become more thrifty in the way people's tax dollars are spent. Snell took exception with Kirby's remarks but said he would agree with Kirby on one point and suggested there needs to be an alternative way to develop consensus on priorities in the budget. He said his assumption is that there will be no increase in the property rate next year or anything above that budget would be on an item -by -item basis. Rundell explained the two-year projected budget assumes no property tax increase. Sansing said he agrees with Snell. He said he also took exception to Kirby's remarks and asked that Kirby respect the decisions of the other Councilmembers. Kirby said he will continue to address this Council's need to be more thrifty and careful with the way they spend the taxpayers' dollars. He said there was nothing personal involved in what he put forth, he has spent the time to prepare himself to come to Council, and that will continue. Sansing called the question. Approved 4-3. (Eason, Noble, Smith opposed) Vote on the motion: Approved 6-1. (Kirby opposed) 2. Second reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 2003, and ending September 30, 2004; adopting the Annual Amendment to the Century Plan -- Micki Rundell, Director of Finance and Administration Rundell read only the caption on second reading. Motion by Noble, second by Evans to approve Ordinance 2003-59. Approved 7-0. 3. Second reading of an ordinance amending § 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Director of Finance and Administration Rundell read only the caption on second reading. Motion by Evans, second by Sansing to approve Ordinance 2003-60. Approved 7-0. 4. Second reading of an ordinance amending water rates to reflect the cost of providing service -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained that the new rate is increasing inside the city limits from $2.13 to $2.25 per 1,000 gallons and outside the city from $2.48 to $2.60 per 1,000 gallons. She read only the caption on second reading. Motion by Noble, second by Smith to approve Ordinance 2003-61. Snell noted that the impact fee decision had an impact on rates. He said he also noticed that he has been paying to reserve water for the future. He said he would like to see a breakdown of his bill regarding what he pays. Smith said he doesn't think it's important to have a breakdown of the bill. Noble noted that this rate increase is the result of a 2001 study. He said he also understands that this is the first time the rates have been increased since 1991. Rundell noted that this is the first year of a payment to the Brazos River Authority for the raw water line. Vote on the motion: Approved 7-0. Second reading of an ordinance amending wastewater rates to reflect the cost of providing service -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained that the rate is increasing from $2.95 to $3.10 per 1,000 gallons, with City Council Meeting Minutes/September 9, 2003 Page 5 of 8 Pages anticipation of an additional $0.15 in the following year, and read only the caption. Motion by Sansing, second by Smith to approve Ordinance 2003-62. Noble noted again that this is the result of a 2001 study. Approved 7-0. 6. Second reading of an ordinance amending miscellaneous utility fees and deposits to more closely reflect cost of service, discourage utility non-payment, and align charges with industry standards -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale listed the following changes: from $25 to $30 for a standard connect; from $20 to $30 for a trip charge or disconnection for non-payment; and from $25 to $50 for an after -hour reconnection of service, saying these rates now cover the cost of service and are more in line with municipal standards throughout the state. She read only the caption of the ordinance on second reading. Motion by Snell, second by Kirby to approve Ordinance 2003-63. Approved 7-0. 7. Second 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 read only the caption of the ordinance on second reading. Motion by Kirby, second by Sansing to approve Ordinance 2003-64. Smith explained that he voted against this ordinance on first reading but has heard from citizens who were more knowledgable than he, and on second reading will vote in favor. Approved 7-0. 8. Second Reading of an Ordinance of a Century Plan Amendment to change from Intensity Level 3 to Intensity Level 4 for 1.27 acres, Lot 3A, Gabriel Heights Addition, located at 1407 Williams Drive — David Munk, Development Engineer and Amelia Sondgeroth, Director of Planning and Development Services Polasek read only the caption of the ordinance on second reading. Motion by Evans, second by Noble to approve Ordinance 2003-65. Approved 7-0. 9. Second Reading of an Ordinance for a Century Plan Amendment to modify the Future Land Use Plan for .3097 acres out of the City of Georgetown, Division A, Outlot 4, from Light Industrial to Office/Retail/Commercial, located at 2030 South Austin Avenue — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Noble to approve Ordinance 2003-66. Approved 7-0. 10. Second Reading of an Ordinance Rezoning .3097 acres out of the City of Georgetown, Division A, Outlot 4 from IN, Industrial District to C-3, General Commercial District, located at 2030 South Austin Avenue - Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Smith to approve Ordinance 2003-67. Approved 6-0. (Snell was absent from the dais) 11. Second Reading of an Ordinance amending Section 15.04.040 of the Code of Ordinances to revise and add miscellaneous building permit fees -- Dave Hall, Building Official and Amelia Sondgeroth, Director of Planning and Development Services Sondgeroth read only the caption of the ordinance on second reading. Motion by Evans, second by Kirby to approve Ordinance 2003-68. Approved 6-0. (Snell was absent from the dais) 12. Second Reading of an Ordinance Amending Section 15.04.045 of the Code of Ordinances to revise the Development Process Fees for Planning and Zoning — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services City Council Meeting Minutes/September 9, 2003 Page 6 of 8 Pages Sondgeroth said this ordinance addresses the new permits and applications under the Unified Development Code (UDC) and read only the caption of the ordinance on second reading. Motion by Smith, second by Eason to approve Ordinance 2003-69. Sansing said he would like to see more personnel in the Planning and Zoning Department. Approved 7-0. AA Consideration and possible action regarding approval of a Resolution granting a petition for the annexation into the City for 121.84 acres, more or less, in the Burrel Eves Survey, located .40 miles north of the intersection of Texas Avenue and Sun City Boulevard, for Sun City Neighborhood 25 and 26 and setting hearing dates — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth Polasek explained the item and noted that after reviewing Ordinance 2000-33, it has been determinied that the annexation should be for 90.141 acres, because a portion of the area south of the road had already been annexed. Motion by Snell, second by Noble to approve the petition for annexation. Approved 7-0. BB First Readings/Public Hearings 1. First Reading of an ordinance amending Section 2.109.030 of the Code of Ordinances entitled "Purpose" to revise the duties of the Georgetown Utility System Advisory Board-- Doug Smith, Councilmember Smith explained that the enabling ordinance for the GUS Advisory Board did not specifically state that the GUS Board was to look at utility rates, and this ordinance will add that to the duties of the GUS Board. Brandenburg read only the caption of the ordinance after having satisfied the requirement of the City Charter. Motion by Smith, second by Evans to approve the ordinance on first reading. Motion by Snell, second by Kirby to amend to include impact fees. Approved 5-2. (Noble and Sansing opposed) Original Motion as amended: Approved 5-2 (Noble and Sansing opposed) 2. Public Hearing on an ordinance providing for the annexation into the City of 121.84 acres, more or less, in the Burrel Eves Survey, located .40 miles north of the intersection of Texas Avenue and Sun City Boulevard, for Sun City Neighborhood 25 and 26 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services Polasek explained the item and showed the location on a map. The Public Hearing was opened at 7:50 p.m. There were no comments. The Public Hearing was closed at 7:50 p.m. 3. Public Hearing on an ordinance providing for the annexation into the City of 0.484 acres, more or less, in the Clement Stubblefield Survey, located .49 miles southwest corner of the intersection of IH 35 and State Highway 29 and setting hearing dates— Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services Polasek explained the item. The Public Hearing was opened at 7:50 p.m. There were no comments. The Public Hearing was closed at 7:51 p.m. 4. Public Hearing on an ordinance providing for the for the annexation into the City of 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. The Public Hearing was opened at 7:51 p.m. There were no comments. The Public Hearing was closed at 7:51 p.m. 5. Public Hearing on an ordinance providing for the annexation into the City of 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 the item. The Public Hearing was opened at 7:51 p.m. There were no City Council Meeting Minutes/September 9, 2003 Page 7 of 8 Pages comments. The Public Hearing was closed at 7:52 p.m. Public Hearing on an ordinance providing for the annexation into the City of 308.06 acres, more or less, in the Joseph Thompson Survey, Abstract 608, 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 explained the item, noting that this is the McLester Tract. The Public Hearing was opened at 7:52 p.m. Paul Linehan, representing the developer, asked the Council to approve the annexation. The Public Hearing was closed at 7:53 p.m. The meeting was adjourned at 07:53 PM. Ap aflved /mayor ary Neio City Council Meeting Minutes/September 9, 2003 Page 8 of 8 Pages Attest: }}A City Secretary Sandra Lee