HomeMy WebLinkAboutMIN 10.14.2003 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 ji All Council Present
Noble, John Kirby, Farley Snell, Ken Evans I
Staff Present: _-- ---- ----- — -_
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City
Manager for Utility Operations; Patricia Carls, City Attorney; Sandra Lee, City Secretary;
Policy Development/Review Workshop
Regular Sessionto convene and continue Executive Session,
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the
items listed below will be discussed in closed session and are subject to action in the regular session that follows
A Sec.551.071 consultation with attorney
- Pending Litigation
- Thomas L. Suarez, Jr. vs. city of Georgetown, Texas, City of Georgetown Police Department, Georgetown Police Sgt.
Kelly Devoll, Georgetown Police Officer Jack Lacey, Matt Painter, Brian Grubbs, Cause No. 03-113-C368 in the 368th
Judicial District Court of Williamson County, Texas
- Matthew Painter and Brian Grubbs, Plaintiffs v. David 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 of Georgetown, Defendants, Cause No.
A03-CA-014JN, In the United States District Court for the Western District of Texas, Austin Division
- Advice on legal matters on which the City Attorney has a duty to advise
B Sec. 551.071 consultation with attorney and Sec. 551.074 personnel matters
- Discussion and possible action related to prehearing and hearing procedures for employee disciplinary appeal hearing
of Fawn Duncan
C Sec. 551.072 deliberation on real property
- Discussion and possible action regarding acquisition of property for downtown parking
There was no Executive Session held at this meeting.
D Call to Order
Called to order at 6:00 p.m.
E Pledge of Allegiance
Mayor Nelon led the Pledge of Allegiance.
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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.
- Board/Commission Vacancies:
One position on the Georgetown Housing Authority
- One alternate position on the Planning and Zoning Commission
Mayor Nelon announced the vacancies.
- Proclamation for Red Ribbon Week, October 25, 2003
Mayor Nelon read the proclamation and presented it to Jenna Vinson of LifeSteps.
G Announcements and Comments from City Manager
Brandenburg made the following announcements:
The 2003-04 Annual Operating Plan has been published and is available from the
Finance Division
The Finance Division has received a Certificate of Achievement for the Comprehensive
Annual Financial Report (CAFR) for the 15th consecutive year.
H Citizens Wishing to Address Council
- Keith Peshak regarding taxation of airport hangars
Peshak said he thinks the fuel charge is not equal to all customers. He also said the City has
given money to one developer but not to others and expressed that he feels it is illegal for the city
to charge property tax to people renting airport hangars.
Action from Executive Session on Monday, October 13, 2003
Motion by Smith, second by Kirby to authorize the firm of Wright and Greenhill to make a
settlement offer in the case of Painter and Grubbs v. City of Georgetown consistent with Council's
discussions with and directions to its legal representatives. Approved 7-0.
Motion by Smith, second by Noble to authorize the Mayor to sign and cause to be issued the nine
subpoenas requested by Fawn Duncan to compel attendance of those witnesses at her
disciplinary appeals hearing on October 20, 2003, and that the parties be directed to limit the time
for the presentation of their cases to one hour for each side. Approved 7-0.
Motion by Smith, second by Snell to authorize the Assistant City Manager to make an offer to
purchase land for downtown public parking or other public purpose, and to authorize the Finance
Director to include sufficient funds for such purchase in the upcoming bond issuance.
Evans asked Rundell to respond about purchasing land and bond requirements. Rundell said that
the purchase would be made with tax supported certificates of obligation. She said there is an
opportunity for the City in the next fiscal year, due to a variance in the debt service because the
City has paid off the 1992 Series bonds. The new debt service will help replace that and there will
be very little effect, if any, on the tax rate.
Kirby said the City and County should furnish parking for their employees downtown, and churches
should provide parking for their congregations. He said the City would also benefit by providing
parking for downtown shoppers. He said there must be way for the City and County to work out a
cooperative agreement on parking that would be to the mutual benefit of all parties in downtown
Georgetown.
Motion by Kirby, second by Smith to amend the previous motion to ask the City Manager or staff
to explore opportunities for a long-term partnership between the City and the County, churches,
and other entities, and only after exploring these opportunities, should the City consider
purchasing the property for its own. He said as a condition to the purchase, he feels the County
should covenant that they will continue to occupy their current offices in the courthouse building for
an extended period into the future and that the employees of those offices should be required to
use parking facilities other than street parking "on the square."
Smith said he feels once the City purchases the property, then the other entities can be
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approached for long-term agreement. He said he prefers to move forward with purchasing the
property.
Sansing said he would like to explore all possibilities before purchasing.
Evans said he is in favor of negotiations, but there should be a time limit, because the window of
opportunity will disappear. He said the City needs to act as soon as possible.
Eason said she doesn't want to lose the opportunity to use the bond.
Rundell said she will need to "size" the bond and prepare the Official Statement in the next 30
days.
Noble said he thinks the City needs ultimate control of the property.
Motion by Snell, second by Sansing to amend the amendment to provide a report back on any
kind of investiation by the next council meeting.
Vote on the amended amendment. Approved 7-0.
Vote on the Amendment as amended. Approved 7-0.
Vote on the original amended motion. Approved 7-0.
Statutory Consent Agenda
J Consideration and possible action to approve the minutes of the Council Workshop on Monday, September
22, and the Regular Council Meeting on Tuesday, September 23, 2003 -- Sandra Lee, City Secretary
Snell said the minutes of September 23 do not reflect the presence of the Mayor. Lee explained that the
Mayor's presence is acknowledged as having called the meeting to order.
K Consideration of the appointment of Laura Wilkins as a City of Georgetown Deputy City Secretary --
Sandra Lee, City Secretary
L Consideration and possible action to award the bid for the purchase of police motorcycles in the amount of
$31,958.36 -- Kevin Stofle, Assistant Chief of Police and David Morgan, Chief of Police question by Smith
Smith asked and Stofle explained the negotiations for bidding the motorcycles, saying within 12 months or
25,000 miles the vendor will buy the bikes back for the same amount of purchase. He said this is the best
arrangement the City has received so far.
M Consideration and possible action to authorize the assignment of Trinity Aviation's Land Lease Agreement
to Larry Wood - Travis McLain, Airport Manager, and Tom Yantis, Assistant City Manager for Operations
(pulled to the Regular Agenda by Snell)
Mayor noted there is citizen input on this item.
N Consideration and possible action to authorize the Information Technology Department to pay $25,675.37
to Dynix, Inc. for software, server, and peripheral maintenance on the Georgetown Public Library's
automation system for FY 2003-04 -- Eric Lashley, Library Services Director
O Consideration and possible action to authorize First Southwest Company to proceed with the preparation of
the required bond offering documents for the upcoming 2003 bond issues -- Micki Rundell, Director of
Finance and Administration
Evans asked that this item be explained to the taxpayers, and Rundell said this item does not authorize the
bond issue, but authorizes First Southwest to prepare the Official Statement and start the notification
process. She said this bond issue is in two parts --one for the GTEC portion for the bypass to be repaid with
GTEC sales tax and the other for purchasing two fire apparatus (1 quint replacement and 1 piece of
equipment). She said one would be funded through "billing for services" fees and is therefore
self-supporing. She said the other will be revenue bonds for utility capital for electric system improvements,
including $700,000 for the Wolf Ranch Project; and water system improvements, including $2.8 million for
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Wolf Ranch and approximately $1.3 million for the expansion at Berry Creek. She said that only $500,000
is tax -supported general obligation and it was included in the Budget.
P Consideration and possible action to approve a resolution supporting the submission of a loan
application to the State Infrastructure Bank (SIB) for the SH 29 improvements, related to the Wolf Ranch
development, on behalf of the Georgetown Transportation Enhancement Corporation (GTEC) -- Micki
Rundell, Director of Finance and Administration
Evans asked and Rundell explained the SIB loan which is a revolving fund that is loaned to communities
that improve the state highway system. She said this will be a much lower interest rate than available in the
market. She said there is no guarantee that the City will receive a SIB loan, but they have been notified that
this project is eligible.
Q Consideration for approval to purchase prefabricated metal canopies from Mueller Metal Building
Systems in the amount of $24,722.00 -- Mark Miller, Street Supervisor and Jim Briggs, Assistant City
Manager for Utility Operations
R Consideration and possible action on an award of Phase 11 of the contract for consultant services related
to the Georgetown Overall Transportation Plan to Wilbur Smith Associates in the amount of $23,009.00
— Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development
Services
S Consideration of a resolution placing a name in nomination for the election of Directors for the
Williamson County Appraisal District (WOAD) -- Paul Brandenburg, City Manager
Motion by Noble, second by Sansing to approve the Consent Agenda with the exception of Item M which was pulled
to the Legislative Regular Agenda. Approved 7-0.
Legislative Regular Agenda
M Consideration and possible action to authorize the assignment of Trinity Aviation's Land Lease Agreement
to Larry Wood - Travis McLain, Airport Manager, and Tom Yantis, Assistant City Manager for Operations
(pulled to the Regular Agenda by Snell)
Mayor noted there is citizen input on this item.
McLain explained that the use of the property will not change, just the ownership. He said this is the
standard assignment agreement used by the City. Snell asked if additional buildings would have to come
back to Council for approval. McLain responded that once the lease is approved, any future building would
only need to be approved by the building inspection department. Snell asked if the lease agreement would
allow the leasee to conduct any other activity on the premises. McLain pointed out in the lease agreement
that if the leasee desires to do any other activity other than store his aircraft, he would have to come back
before Council for an amendment.
Motion by Snell, second by Sansing to assign the Trinity Aviation Land Lease Agreement to Larry Wood
with the provision that the lease rate be negotiated to be brought in line with the current rates (Don Dison
rate.)
Keith Peshak, spoke to Council about the history of the airport hangar leases. He said there is disparity
amongst the rates charged.
Vote on the motion: Approved 7-0.
T Consideration and possible action to extend the contract between the City and Texas Disposal Systems,
Inc. (TDS) for solid waste collection and disposal for an additional year, to September 30, 2005 -- Micki
Rundell, Director Finance and Administration
Rundell explained that there was language in last year's contract as an incentive, saying that if standards
were met, the contract would be extended. She explained that there is no additional cost. Motion by
Evans, second by Sansing to approve the extension of the contract. Sansing, Evans, and Snell said the
service has been exemplary. Approved 7-0.
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U Consideration and possible action to use a portion of the Council Contingency Fund to pay the City fees
for the Texas Mission of Mercy being hosted by the Georgetown Community Clinic and sponsored by the
Texas Dental Association Foundation on November 7, 8, and 9 in San Gabriel Park -- Doug Smith,
Councilmember
Smith explained the item. Motion by Smith, second by Evans to pay the fees because this is associated
with social services which is a Council priority.
Mayor asked Carol Woods to come forward. Woods explained the event and thanked the Council for their
support. She said they have raised over $55,000 with the assistance and waiving of fees from the County
and City. Approved 7-0.
V Consideration and possible action to authorize the Library staff to purchase books from Ingram, Inc. in an
amount not to exceed $90,000 for fiscal year 2003-04 -- Eric Lashley, Library Services Director
Lashley explained the item, saying Ingram was chosen because of the discounts that will be received from
them and the free shipping and excellent service. Motion by Sansing, second by Noble to approve the
purchase. Approved 7-0.
W Consideration and possible action to approve a resolution declaring public necessity to acquire 0.0411
acres of land owned by Joe J. Higginbotham and wife, Vicci L. Higginbotham, by negotiation and/or
condemnation for the construction of the Georgetown Innerloop NE from CR 151 to Austin Avenue at the
Lakeway Drive overpass -- Mark Miller, Transportation Manager and Jim Briggs, Assistant City Manager for
Utility Operations
Miller read the resolution. He explained that this property was authorized to be acquired last October, and
negotiations have been taking place. He said the engineering contract will be on the next Council Agenda,
so the property needs to be purchased at this time. Motion by Kirby, second by Smith to approve the
resolution. Approved 7-0.
X Item forwarded from Georgetown Utility System (GUS) Board
Review and possible action to award the bid for Sequoia 'frail West Wastewater Service Installation
contract to Lewis Contractors of Georgetown, Texas -- Glenn Dishong, Water Services Manager and Jim
Briggs, Assistant City Manager for Operations
Dishong explained the item, saying Council had directed that wastewater service stubs be installed along
Sequoia Trail West where a new sewer line had been constructed. Motion by Snell, second by Sansing to
approve the award of bid. Approved 7-0.
Y Second Reading
Second Reading of an Ordinance Rezoning .2634 acres out of Block 69 of the Lost Addition from RS,
Residential Single-family District to OF, Office District, located at 216 West University Avenue — Bobby Ray,
Chief Development Planner and Amelia Sondgeroth, Director of Planning and Zoning
Sondgeroth read only the caption of the item on second reading. Motion by Kirby, second by Evans to
approve Ordinance No. 2003-74. Approved 7-0.
Z First Readings
1. First Reading of an ordinance amending Chapter 12.24 of the Code of Ordinances, relating to
parades and processions, to be titled "Events and Celebrations" -- Tom Leggitt, Fire Marshal and
Anthony Lincoln, Fire Chief
Leggitt read only the caption of the ordinance after having satisfied the requirements of the City
Charter. Snell asked about the relationship of this ordinance with a previous one regarding
soliciting along right of way. Carls said she will make sure there is no conflict with the Peddler's
ordinance, and changes will be made on second reading. There were questions and comments by
the Council. Motion by Sansing, second by Noble to approve the ordinance on first reading.
Approved 7-0.
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
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Intensity Level 3, 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 that this item is for the McLester Tract. He said on a previous council agenda
there had been an item to request an amendment to the Land Use Plan and the Thoroughfare
Plan to change to Intensity Level 4. He said the Planning Director has certified that this item is a
substantial change from the previous item because they are now only asking for Intensity Level 3,
which does not require amendments to the Land Use Plan and Thoroughfare Plan, so it was
allowed to come back on the agenda in less than six months. He read the caption only of the
ordinance on first reading after having satisfied the requirements of the City Charter.
Paul Linehan, agent for the applicant, noted that this plan was worked with staff, that they are
dedicating parkland, protecting karst, and looking for a mutually -acceptable crossing of the San
Gabriel River. He said it was approved unanimously last week by the Planning and Zoning
Commission. Snell commended staff and applicant for their efforts to provide a good plan.
Sansing agreed. Noble asked if the commercial node would be delayed, and Linehan said the
residential single-family would come first and the retail would follow. There was discussion
regarding the commercial development and regarding the road. Motion by Sansing, second by
Eason to approve the Century Plan Amendment. Noble said he would vote against this ordinance
until after the annexation discussion. Approved 6-1. (Noble opposed)
3. First Reading of an ordinance providing for the annexation into the of City 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 noted that this is the piece of property needed to make the McLester tract contiguous with
the City limits and allow annexation, if Council chooses to annex the McLester tract. Motion by
Smith, second by Sansing to approve the ordinance on first reading. Approved 6-1. (Noble
opposed)
4. First Reading of an ordinance providing for the annexation into the of City 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 that this is also the McLester tract, as determined by a different surveyor,
explaining the difference in acreage from Item Z-2. Sondgeroth explained that this property is
actually very close to the downtown, to I1-135, and to the Simon Project. She said the roof tops are
needed to support the commercial activity that will come. She said land use control through
annexation and zoning will keep the development from looking like Williams Drive.
Kirby said he feels that Georgetown is not collecting the amount of sales tax that other areas are
collecting. There was discussion regarding the economic impact of the annexation. Kirby asked
for a workshop to explain how the numbers are derived. Brandenburg noted that there will be a
workshop regarding annexation analysis and financial impact.
Polasek read only the caption of the ordinance after having satisfied the requirements of the City
Charter. Motion by Sansing, second by Smith to approve the ordinance on first reading. Noble
explained that he has now received adequate information to allow him to approve the annexation.
Linehan commended the staff and Council for their attention to detail. Approved 7-0.
5. First Reading of an ordinance providing for the annexation into the City of 90.141 acres, more or
less, in the Burrell Eaves 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 read only the caption of the ordinance on first reading after having
satisfied the requirements of the City Charter. Motion by Noble, second by Sansing to approve
the ordinance on first reading. Approved 7-0.
6. First Reading of an ordinance providing for the annexation into the City of 0.484 acres, more or
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less, in the Clement Stubblefield Survey, located .49 miles southwest corner of the intersection
of iH 35 and State Highway 29 — 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 first reading after having
satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve
the ordinance on first reading. Approved 7-0.
First Reading of 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, saying it is consistent with the provisions of the Public Improvement
District Concept Plan and read only the caption of the ordinance on first reading after having
satisfied the requirements of the City Charter. Sansing asked about a street in Serenada West
and whether it goes through into Georgetown Village. Sondgeroth said it will need to connect as
part of the subdivision process, and if they don't intend to connect, they will need to ask for a
variance. Motion by Kirby, second by Sansing to approve the ordinance on first reading.
Approved 7-0.
AA Consideration and possible action to award the bid for all lines of property, liability and workers'
compensation insurance for FY 03/04 for the City of Georgetown through its participation in the Texas
Municipal League Intergovernmental Risk Pool (TML -IRP), pursuant to the terms of the Interlocal
Agreement between the City and TML -IRP -- Tom Yantis, Assistant City Manager for Operations
Yantis explained that the premium rate is $410,651.00, which he said is $2,000 less than last year. Motion
by Sansing, second by Evans to approve the award of bid. Approved 7-0.
BB Appointments to City Boards and Commissions
1. Consideration and possible action to appoint Joshua McClure to the Economic Development
Commission to fill the vacancy created due to the resignation of Davidica Blum -- Mayor Gary
Nelon
Nelon nominated Joshua McClure. Motion by Evans, second by Noble to approve the
appointment. Approved 7-0.
2. Consideration and possible action to re -appoint Amanda Patterson to the Georgetown Youth
Advisory Board -- Mayor Gary Nelon
Motion by Sansing, second by Smith to approve the appointment. Approved 7-0.
CC Consideration and possible action to approve an Advance Funding Commitment Agreement between
SPG Wolf Ranch, L.P. and the City of Georgetown -- Tom Yantis, Assistant City Manager
Nelon noted that Kirby abstained and left the dais. Yantis noted that this item and the next two are related
to the Wolf Ranch Development. He said, there was a condition in the Development Agreement that the
City would not engage in any of the work related to projects associated with the development until a notice
to proceed was received from Simon, but it was anticipated that there is preliminary work that needs to be
done before receiving notice to proceed, and this was accommodated in the Agreement which allows
advance funding commitment agreements for Simon to upfront the cost of the work. He said this particular
agreement is for the preliminary design and engineering for the Highway 29 water, wastewater, and electric
system improvements. Motion by Snell, second Sansing to approve the Advance Funding Commitment
Agreement. Approved 6-0. (Kirby abstained)
DD Consideration and possible action to approve an Advance Funding Agreement for Voluntary
Transportation Improvement Projects On -System with the Texas Department of Transportation for State
Highway 29 improvements -- Jim Briggs, Assistant City Manager for Utility Operations and Patricia Carls,
City Attorney
Briggs explained that this agreement will fund road widening improvements, including preparations for utility
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line relocations, and other related projects, but no work beyond that which Simon has agreed to fund will
occur before the notice to proceed has been received. Motion by Snell, second by Evans to approve the
Advance Funding Agreement for State Highway 29 improvements. Approved 6-0. (Kirby abstained)
EE Consideration and possible action to approve an Advance Funding Agreement for Voluntary
Transportation Improvement Projects On -System with the Texas Department of Transportation for
Interstate Highway 35 improvements -- Jim Briggs, Assistant City Manager for Utility Operations and
Patricia Carls, City Attorney
Briggs explained the project. Motion by Evans, second by Noble to approve the Advance Funding
Agreement for Interstate Highway 35 improvements. Approved 6-0. (Kirby abstained)
The meeting was adjourned at 07:47 PM.
Appr ed
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