Loading...
MIN 11.11.2003 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 Ken Evans, due to resignation Noble, John Kirby, Farley Snell Staff Present: --- Tom Yanis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Trish Carls, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Amelia Sondgeroth, Director of Planning and Development Services; Anthony Lincoln, Fire Chief; Mark Thomas, Director of Economic Development; Ed Polasek, Chief Long -Range Planner; Tom Leggitt, Fire Marshal There was no Policy Development/Review Workshop held at this meeting. Regular Session to convene and continue Executive Session, if necessary Executive Session There was no Executive Session held at this meeting. Regular Session E Call to Order The meeting was called to order at 6:00 p.m. by Mayor Gary Nelon. F Pledge of Allegiance Mayor Nelon led the Pledge. G 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. - Announcement of Board/Commission Vacancies: One position on the Housing Authority - One position on the Library Board Mayor Nelon announced the vacancies. H Announcements and Comments from City Manager Tom Yantis, sitting in for Paul Brandenburg who was ill, said there were no announcements I Public Wishing to Address Council City Council Meeting Minutes/November 11, 2003 Page 1 of 6 Pages Rev. Dean Smith regarding the need for the American Legion to have a building in Georgetown Smith gave Council the history of Abe Harrison Post 174. He asked the City for a vacant building that could be used as a permanent home for the American Legion. Keith Peshak regarding management of the City. Peshak described to Council what he feels are management problems regarding the Georgetown Municipal Airport. Action from Executive Session Motion by Smith, second by Kirby that the employee disciplinary appeal hearing for Gary Beyers be set for December 8, at 4:00 p.m. and that each side shall have one hour to present their case. Approved 6-0. (Council acting as a body of six members due to resignation of Ken Evans) K Consideration and possible action to approve the minutes of the Council Workshop on Monday, October 27, and the Council Meeting on Tuesday, October 28, 2003 -- Shirley Rinn, Deputy City Secretary and Sandra Lee, City Secretary Snell asked for a correction to the minutes of October 28, as to the second on the motion on Item T and Kirby asked for a correction to the minutes of October 28 as to the voting on Item Z. L Consideration for the declaration of used transformers as surplus and approval to sell the obsolete/scrap transformers to Transformers Now in the estimated amount of $14,000.00 --Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Peshak said there are security lights that don't work at the airport, and though he applauds the efforts of the City to put a bright security light outside his hangar, he has been told that there is no money to purchase transformers to repair the other burned out security lights on Buildings 5, 6 and 12. M Consideration of an award of the annual bid for landscape maintenance of City properties to We Mow It in the amount of $45,308.00 --Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration N Consideration and possible action to approve the social service funding agreement between the City of Georgetown and Georgetown Interfaith Caregivers -- Paul E. Brandeburg, City Manager O Consideration and possible action to authorize application for a grant of $44,058.00 from the Assistance to Firefighters Grant Program to fund a Fire and Weather Safety House -- Tom Leggitt, Fire Marshal and Anthony Lincoln, Fire Chief P Consideration and possible action to accept a Federal Grant from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) at no cost to the City -- Traci Stengle, Parks and Recreation Special Services Superintendent and Randy Morrow, Director of Parks and Recreation Q Consideration and possible action to approve the payment for emergency pumping services from CAP-TEX, Inc. for $15,360.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations R Consideration and possible action to approve a resolution authorizing the Mayor to sign applications, contracts, and agreements with the State of Texas regarding updates to the Airport Layout Plan for Georgetown Municipal Airport -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Motion by Sansing, second by Noble to approve the Consent Agenda with the stated corrections to the minutes. Approved 6-0. Legislative Regular Agenda S Consideration and possible action with respect to a resolution directing the publication of notice of intention to Issue City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2003; and other matters related thereto -- Micki Rundell, Director of Finance and Administration City Council Meeting Minutes/November 11, 2003 Page 2 of 6 Pages Rundell explained the state requirements of notification for intent to issue certificates of obligation. Motion by Snell, second by Smith to approve the resolution. Approved 6-0. Kirby questioned including the fire apparatus, and Rundell explained that the purchase would be much cheaper this way. T Second Readings 1. Second 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 said Items T-1 and T-2 were deferred at the last meeting on October 28, saying staff and the applicant have been working on the issues raised by Ms. Wolf about the ownership of the property and the mineral rights and also working on adjustments to the service plans, especially to the wastewater service plan. He said they have determined the need for development agreements, so the service plans are being modified. He asked Council to defer until the applicant has signed the development agreements by the next Council Meeting. Paul Linehan, representing Harvard Investments, said they have made an offer to Iva Wolf on the mineral rights that is good until November 24, 2003. He said they are working with City staff, and they have always had an intention to do a development agreement. He said they have no problem with the service plan. He said he feels the question on mineral rights should be settled before zoning. Smith asked about the timeframe and what would happen if the mineral rights issue isn't settled before zoning. Linehan said the property would be zoned as AG agricultural, which would not prohibit anyone from mining the property. Smith said it would be in the best interest of the City to rezone. Nelon explained that during this two week period, staff is moving to get the service agreement signed. Motion by Noble, second by Kirby to defer this item for two weeks. Approved 5-1. (Sansing opposed) 2. Second 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 said they have drafted a development agreement and forwarded it to Harvard Investments for their review. Iva Wolf McLaughlin, 520 Wolf Road, requested that Council defer this item, saying she received a very inadequate offer for the mineral rights. Smith asked for clarification from McLaughlin, and she confirmed that she recommends that the property not be annexed until the mineral rights are resolved. She said she has a very small interest in the mineral rights but represents other owners. She said Harvard had previously offered an amount larger than the one being offered now. She said the developer needs to resolve the mineral rights issue and there is no point for the City to annex until that issue has been resolved. Motion by Noble, second by Smith to defer this item for two weeks. Approved 5-1. (Sansing opposed) U First Readings 1. First reading of an Ordinance amending the Georgetown Code of Ordinances, Section 8.20.0201, related to the prohibition of items placed in such a manner as to obstruct passageway of or on public grounds and rights-of-way -- Tom Leggitt, Fire Marshall and Anthony Lincoln, Fire Chief Leggitt explained the item, saying it now includes specific exceptions for specific items that are City Council Meeting Minutes/November 11, 2003 Page 3 of 6 Pages permitted in public rights of way and on public grounds and also identifies the special event permit process as the method to use to request an exception. He read the caption only of the ordinance on first reading after having satisfied the requirements of the City Charter. Smith asked for the difference from the current law. Leggitt said this ordinance specifically sets out what is legal. He said it really doesn't change what they have been enforcing, but it clarifies the ordinance. Motion by Smith, second by Kirby to approve the ordinance on first reading. Approved 6-0. First Reading of an ordinance revising Section 3.01.490 of the Code of Ordinances entitled " Disciplinary Action and Appeals" -- Carla Bourland, Director of Human Resources Yantis explained the ordinance, saying this ordinance removes the City Council from the employee appeal process. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. Snell said the cover sheet notes that an additional level has been added, and Yantis confirmed that the additional level is that of an Assistant City Manager. Carls noted that a revised copy of the ordinance was provided on the dais for the Council. Motion by Smith, second by Sansing to approve the ordinance on first reading. Approved 6-0. V Consideration and possible action to purchase one (1) Quint Fire Apparatus from Sutphen Corporation in the amount of $499,516.12 -- Anthony Lincoln, Fire Chief and Micki Rundell, Director of Finance and Administration Lincoln explained the item, saying that staff is working to develop a vehicle service plan to enable the fire department to run top-of-the-line equipment. He said they have been using equipment for about 12 years, then selling it for at least 50% of the cost. Rundell noted that this is one of the apparatus for which the bonds will be issued. Snell confirmed that at the last Council Meeting there was a reimbursement resolution for the purchase of another truck. Lincoln said that truck is for Station 4 and would be the first new apparatus for that station. Sansing confirmed they will maintain one of the current quints as a replacement or reserve vehicle that will replace a quint that is 15 years old. Rundell noted that they have high mileage on some of the quints. Motion by Snell, second by Sansing to approve the purchase. Smith said he has in the past questioned why a fire truck is sent to every auto accident, and he is still not convinced that should be the case, so he said he will vote against this item tonight. Kirby said he feels a smaller piece of equipment should be sent instead of a quint. Lincoln said the main reason a quint is sent is because with only four men on duty at each station on each shift, the men that are sent need to be able to handle any situation such as extracations, patient care, clearing of traffic, etc. He said this will be the procedure until there is enough staff to send out smaller vehicles with the ability to call back for assistance from other equipment. He said auto accidents are one of the highest call volumes and produce the highest revenue through billing for service. Noble said the quint is the first responder in his neighborhood and his constituents are very pleased with the quick response. Approved 5-1. Smith opposed. W Consideration and possible action to appoint Sarah Milburn as an alternate to the Planning and Zoning Commission to fill the vacancy created due to the resignation of Michelle Gambino -- Mayor Gary Nelon This item was pulled. X Discussion and possible action regarding economic development incentives for a proposed commercial project at the northwest corner of Austin Ave. and University Ave -- Tom Yantis, Assistant City Manager Yantis gave Council an overview of the proposed project for a retail building that would house multiple tenants. He said the process has passed the HARC process and asked Don Martin to explain the project to the Council. Martin displayed a preliminary site plan and an exterior drawing, saying they will comply with the Downtown Master Plan. He said the site is very difficult to build on and the buildable -foot price is very high at an estimated $60 per square foot. He said they would continue to go forward, but would like a break-even cost. With a slide presentation, Yantis shared the requested incentives. He said the old building would need to be demolished and the Downtown Design Guidelines add to the cost of developing and building on the site. He said they have requested a package of $225,590 worth of incentives and the County is in the process of City Council Meeting Minutes/November 11, 2003 Page 4 of 6 Pages reducing the cost of the land to make the project work because it complies so well with the Downtown Master Plan. Yantis explained the individual components of the $225,590. Snell asked for clarification of the development fee bank for use by Williamson County, saying if that were taken out, the package would be worth about $145,000. Yantis noted that it had been discussed previously that the City would take on the responsibility of making the public improvements that would implement the Downtown Master Plan, so an argument could be made that the $70,000 could be taken out as well. Snell confirmed that when this project is started in three or four years, the Council might use the $70,000 in the budget as that year's downtown improvements. Kirby asked for the undiscounted amount on the sales tax. Yantis responded $110,000. Smith confirmed that there really is no model to tell what sales tax would come from any of the other existing downtown businesses. Nelon said it would be good for the City to partner with someone that puts on that property exactly what the City wants the site to look like, and it would be worth it to the City to enter into a partnership arrangment to enable that to happen for a gateway into downtown. Snell said he thinks there are certain projects that are attractive for the downtown, and this one really fits. He said this is a step toward working constructively with the County. Yantis asked that Council in their motion direct the staff to develop an incentive agreement with the developer that would be brought back to the Council for approval. Motion by Sansing, second by Smith to direct staff to develop an incentive agreement for Council approval. Kirby told Council he wished to amend the motion. He said he likes the development but doesn't want to underwrite high-priced land, or collaterilize loans for over -priced development. He said he does support providing incentives to revitalize the downtown area, but those incentives should be to provide necessary public improvements, or tax increment financing, appropriate discounting of the public utility cost, and limited property tax abatements. He recalled the arrangement made by the Council regarding the Simon Development Agreement which he says puts the City in danger of losing its sales tax reserve, which will cause the raising of the property tax. He asked for a video-taped workshop to discuss the problem of continuing to share the sales tax revenue. Motion by Kirby to table this item until after there is a workshop to demonstrate a plan whereby rebating sales taxes will not lead to the need for raising of property taxes. He said because the City doesn't have a plan at this time, he has prepared a model that shows the problem and the potential consequences. There was no second to his motion. Smith said he hasn't changed his view of the free enterprise system and his antipathy toward government interference in markets; however, he said he thinks this project enhances downtown and is therefore worth the City's investment. He said the total incentives are about $20 per square foot of retail as opposed to $39 per square foot of retail at Wolf Ranch. He said it doesn't seem right to support Wolf Ranch and not support this development that improves the downtown. Sansing said this is the beauty of being able to look at each scenario on a case-by-case basis. He said he understands Kirby's concerns, but feels this project will be an investment in the community that will generate more tax revenue. Smith said he thinks Kirby's comments for additional sales tax are good. He said there should be an additional 1/4 cent sales tax so property taxes don't have to be raised. Council agreed that they would like a workshop on that topic. Vote on Original Motion: Approved 5-1. (Kirby opposed) Y Consideration and possible action to authorize the purchase of 33.16 acres of land out of the John F. Ferguson Survey, A-231, from the Georgetown Independent School District for purposes of constructing and operating a regional wastewater treatment plant to be known as the "Mankins Branch Wastewater Treatment Plant", and to authorize the Mayor to execute the attached purchase contract and interlocal agreement therefor and any other related documents to complete the transaction -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs explained that to locate a site near the confluence of the Mankins Branch Tributary in the San Gabriel River has been on the MasterPlan for a number of years. He said the price today would be much better than after development occurs in that area. He said funds were approved in the Capital Improvement Plan to purchase land for this treatment plant. He said the site is along SH29 and CR100, where all of the City Council Meeting Minutes/November 11, 2003 Page 5 of 6 Pages facilities would be located outside of the flood zone and would give the City the capacity to service 30,000 gallons a day. He said the total site purchased by the school district is conducive for development of the school property which would be just north of the treatment plant. He said the price is $49.50 per acre for a total cost of $164,142 plus incidental closing costs. He said a small package unit could be initially installed on the site to serve the GISD campus and then the wastewater treatment plant could be phased in as more development occurs. Motion by Snell, second by Kirby to approve the purchase. Smith noted that the Georgetown Utility System (GUS) Advisory Board has found that there are many advantages to putting the plant in this location. Approved 6-0. Z Consideration and possible action to order a Special Election in December to elect a councilmember for Single -Member District 7 -- Sandra D. Lee, City Secretary Carls explained that the resolution calls the election for December 20, 2003. Motion by Kirby, second by Noble to approve the resolution calling the Special Election on December 20, 2003. Approved 6-0. AA Consideration and possible action to approve a contract with the Williamson County Voter Registrar for the conduct of the Special Election -- Sandra D. Lee, City Secretary Carls explained that the City usually hires the County Elections Administrator to conduct the elections and this election is estimated to cost approximately $4,000. Motion by Noble, second by Sansing to approve the contract with the Williamson County Elections Administrator. Approved 6-0. BB Consideration and possible action to approve payment to the Texas Commission on Environmental Quality (TCEQ) for annual wastewater plant assessment fees totaling $24,493.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item. Motion by Kirby, second by Smith to approve the payment. Approved 6-0. The meeting was adjourned at 07:12 PM. Ap("ved 'Mayor G r Nelon City Council Meeting Minutes/November 11, 2003 Page 6 of 6 Pages Attest: ,r City Secretary Sandra Lee