Loading...
MIN 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. City Council Meeting Minutes/October 14, 2003 Page 1 of 8 Pages 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 City Council Meeting Minutes/October 14, 2003 Page 2 of 8 Pages 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 City Council Meeting Minutes/October 14, 2003 Page 3 of 8 Pages 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. City Council Meeting Minutes/October 14, 2003 Page 4 of 8 Pages 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 City Council Meeting Minutes/October 14, 2003 Page 5 of 8 Pages 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 City Council Meeting Minutes/October 14, 2003 Page 6 of 8 Pages 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 City Council Meeting Minutes/October 14, 2003 Page 7 of 8 Pages 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 i yor V11i Nelon4 City Council Meeting Minutes/October 14, 2003 Page 8 of 8 Pages Attest: 3 'W` f C;�ity ecretary