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HomeMy WebLinkAboutMIN 09.08.2009 CC-RMinutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, September 8, 2009 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Keith Brainard, Gabe Sansing, Dale Ross, Ben All Council Present Oliver, Pat Berryman, Bill Sattler, Patty Eason Staff Present: Paul Brandenburg, City Manager; Patricia E. Carls, City Attorney; Jessica Hamilton, City Secretary; Micki Rundell, Chief Financial Officer; Kathy Ragsdale, Utility Office Manager; Laurie Brewer, Assistant Finance Director; Jim Briggs, Assistant City Manager for Utility Operations; Elizabeth Cook, Community Development Director; Glenn Dishong, Water Services Director; Jordan Maddox, AICP, Planner III; Edward G. Polasek, AICP, Principal Planner; Kevin Russell, Director of Human Resources and Civil Service; Randy Morrow, Director of Community Services; Kimberly Garrett, Parks and Recreation Director; Ken Arnold, Energy Services Director Minutes Regular Session - To begin no earlier than 06:07 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Chisholm Trail Proclamation Mayor Pro Tem presented a proclamation to Chris Dyer proclaiming September as Texas Chisholm Trail Month. City Manager Comments -The City of Georgetown has implemented Mandatory Water Restrictions: Water no more than three days each week, with a schedule based on the last number in your home address. Odd addresses: Tuesday and/or Thursday and/or Saturday Even addresses: Wednesday and/or Friday and/or Sunday -There should be no outdoor watering on Monday. If you water once or twice a week, choose your days or day according to the watering schedule. You should water between the hours of 7 p.m. and 10 a.m. No watering between 10:00 a.m. and 7:00 p.m. on your watering days. -Please refer to the City's website at www.georgetown.org for specific information on watering schedules and restrictions. If you would like assistance with re -setting your irrigation controller, or report an observed violation of the mandatory restrictions, please call the Georgetown Utility Systems 24-hour number at (512) 930-3555 or send an City Council Meeting Minutes/September 8, 2009 Page 1 of 6 Pages email to gus@georgetown.tx.org. -The Georgetown Police Department will be enforcing these mandatory water use restrictions Violations are a Class C misdemeanor, punishable by a fine of up to $2,000 per day. Fines can increase for subsequent offenses. -The 4th Annual Up the Chisholm Trail Event and Chuckwagon Cook -Off will be held this Friday, September 11 and Saturday, September 1Z'in San Gabriel Park. Action from Executive Session Motion by Berryman, second by Sansing that the City Manager be authorized to sign the mutual settlement and release agreement between the City of Georgetown and Austin at University L.P. and Austin McIntosh Holdings, LLC., Lee McIntosh and Amanda McIntosh Approved 7-0 Motion by Berryman, second by Sansing that the Human Resources have the authority to continue his discussions with the candidate for City Attorney and, upon completion of those discussions, he move forward with the recommendation addressed in Executive Session. Approved 6-1 (Ross opposed) Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - As of the deadline, there were no persons who requested to address the Council on items other than what was already posted on this Agenda. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Council Workshop held on Tuesday, August 25th and the Council Meeting on Tuesday, August 25th, 2009 -- Jessica Hamilton, City Secretary D Consideration and possible action to approve Williamson County Go Texan to hold their Annual BBQ Cook -off in San Gabriel Park on September 18 - 20, 2009 — Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services This item was pulled by staff. E Consideration and possible action to accept an equipment grant for $14,000.00 from the Firehouse Subs Public Safety Foundation -- Clay Shell, Assistant Fire Chief F Consideration and possible action to authorize consent of the financing for Wesleyan Homes, Inc. and its affiliates by HFDC of Central Texas, Inc. -- Micki Rundell, Chief Financial Officer Motion by Sansing, second by Eason to approve the Consent Agenda in its entirety. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: G Second Reading of an Ordinance amending solid waste disposal rates in order to fully recover the cost of solid waste disposal service and make the utility self-supporting -- Kathy Ragsdale, Utility Office Manager and Micki Rundell, Chief Financial Officer Rundell described the item and reviewed the increase in disposal rates. She read only the caption of the Ordinance on second reading. Sansing asked and Rundell clarified the new rate change. Sansing asked and Rundell said the City hopes this rate will not go up again next year. Motion by Oliver, second by Eason to City Council Meeting Minutes/September 8, 2009 Page 2 of 6 Pages approve Ordinance 2009-41. Approved 7-0 H Second Reading of an Ordinance levying a tax rate for the City of Georgetown for the tax year 2009 -- Laurie Brewer, Assistant Finance Director and Micki Rundell, Chief Financial Officer Rundell described the item and said the proposed rate was changed to $0.35622 at the last meeting. Motion by Sansing, second by Berryman to adopt a property tax rate of $0.35622 of which $0.21140 will be for Maintenance and Operations and $0.144820 is for Interest and Sinking (Ordinance 2009-42). Approved 7-0 Second Reading of an Ordinance adopting the 2009/10 City of Georgetown Annual Budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010 -- Laurie Brewer, Assistant Finance Director and Micki Rundell, Chief Financial Officer Rundell described the item and read only the caption of the Ordinance on second reading. She listed the total appropriations for this year. Motion by Berryman, second by Sansing to approve Ordinance 2009-43. Approved 7-0 J Second Reading of an Ordinance amending § 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Laurie Brewer, Assistant Finance Director and Micki Rundell, Chief Financial Officer Rundell described the item and read only the caption of the Ordinance on second reading. Motion by Brainard, second by Berryman to approve Ordinance 2009-44. Approved 7-0 K Second Reading of an Ordinance establishing the classifications and number of positions (Strength of Force) for all the City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas Local Government Code pertaining to Civil Service -- Kevin Russell, Director of Human Resources and Civil Service Russell described the item and read only the caption of the Ordinance on second reading. Sansing asked and Russell said there are three police officer positions that are currently frozen. Sansing asked and Russell said all of the fire department positions have been filled. Rundell said there are four positions in the police and two in fire that have been frozen. She added the two fire department positions are staffing only. Brandenburg said in no way does this negatively affect coverage or staffing at the stations. Sansing asked and Rundell said the City is not replacing any patrol vehicles at this time. She said the City has been able to manage them well. Berryman said other cities are starting to change their policy to be similar to Georgetown's policy on fire and police equipment and vehicles. Motion by Sansing, second by Berryman to approve Ordinance 2009-45. Approved 7-0 L Consideration and possible action to approve a Resolution authorizing Social Service Funding agreements between the City of Georgetown and Assistance League of Georgetown Area Bluebonnet Trails Community MHMR Center -PRIDE Early Childhood Intervention, Capital Area Rural Transportation System, Faith In Action Caregivers - Georgetown, Georgetown Community Service Center dba The Caring Place; Georgetown Project, Habitat for Humanity for Greater Georgetown, TX, Literacy Council of Williamson County, Lone Star Circle of Care, Senior Center at Stonehaven, Williamson -Burnet County Opportunities Inc., and Williamson County Crisis Center, and for these agencies and organizations to continue to provide services for the citizens of Georgetown -- Paul E. Brandenburg, City Manager Brandenburg described the item and said the City Council has put money into the budget to fund these organizations through these various agreements. Motion by Ross, second by Berryman to approve the social service funding agreements. Sansing mentioned the possibility of having a review process to make sure organizations are using the money the City provides them in an appropriate manner. Berryman spoke about Lone Star Circle of Care and how they are expanding their services. Sansing asked and Berryman spoke about the various organizations that are partnering with Lone Star Circle of Care. There was much discussion. Approved 7-0 M Consideration and possible action to approve a Resolution authorizing Youth Program Funding Agreements between the City of Georgetown and the Boys and Girls Club of Central Texas, the Georgetown Cultural Citizens Memorial Association, the Georgetown Project; the Getsemani Community Center and the Exceptional Georgetown Alliance, and for these agencies and organizations to provide services for the citizens of Georgetown -- Paul E. Brandenburg, City Manager City Council Meeting Minutes/September 8, 2009 Page 3 of 6 Pages Brandenburg described the item and noted the City Council has spent time looking at each one of these requests. He reviewed the contract language. Motion by Ross, second by Sansing to approve the youth program funding agreements. Approved 7-0 N Consideration and possible action to approve a Resolution authorizing a funding agreement between the City of Georgetown and the Williamson County and Cities Health District for this agency to continue to provide services for the citizens of Georgetown -- Paul E. Brandenburg, City Manager Brandenburg described the item and said the proposed operating budget includes money to help fund the Health District. He said the dollar amount included in this agreement is $84,361.00. He said this District is expanding and hoping to get more cities to participate. Motion by Ross, second by Sansing to approve the funding agreement. Approved 7-0 O Discussion and possible action to approve a six (6) month contract for Municipal Court prosecutor services and authority to proceed with Request for Qualifications -- Paul E. Brandenburg, City Manager Brandenburg described the item and said, when the Council took this up last year, direction was given to staff to approve the six month contract and then proceed with RFQs for the position. Motion by Sansing, second by Berryman to approve a 90 day contract so the newly hired City Attorney can be involved in this hiring decision Oliver asked and Carls said the municipal prosecutors have a lot of independence, but they are appointed by the City Council. Motion by Brainard, second by Berryman to friendly amend to change the contract length to 4 months. Sansing accepted the friendly amendment. Vote on amendment: Approved 7-0 Vote on motion as amended: Approved 7-0 P Discussion and possible action on process for engaging the services of contracted and professional services -- Pat Berryman, Councilmember District 5 Berryman said she brought this up to discuss how the City goes out for contracting and RFQs. She brought up the possibility of expanding the committee that reviews the RFQs. She listed suggestions of people who could be on that committee, including a member of a City Board or Commission and someone from the City Council. She said the idea would keep the three current staff members on the committee, but expand the committee to include five members. She said, in lieu of the current point system, have that system be a ratings system where all scores are added together and that score determines whether or not a contractor moves along further into the process. She said she would like the scores to be done differently and to throw out the top and bottom scores and keep the middle scores. She noted she would like for this to be done in order to get the best product possible. Brandenburg asked and Jones explained the current process that is in place. Jones said the City has an established criteria before the RFQ is sent out. He said, on projects over $3 million dollars, staff tries to include Councilmembers on those selection committees. He said there is a two-step process of narrowing down the selection according to the highest scores, followed by an interview with the selection team He spoke about the many renovations and projects where this strategy was used Oliver asked and Berryman said she is suggesting that staff look at expanding the process for gathering master services agreements. Berryman said the idea would be to have more openness and inclusion in the process. Oliver said he is hesitant about including a Councilmember in the process. Oliver noted it may be possible to ask the City Manager to see if there is a larger group with appropriate expertise that can be involved Brainard applauded Berryman for bringing this to the table and noted, the higher the diversity, the stronger this process can be. He said the City is blessed with highly qualified and educated volunteers that would be happy to participate in this type of committee. Brandenburg suggested Council direct the City Manager to explore the possibility to expand the process. Motion by Berryman, second by Sansing to direct the City Manager and staff to explore the options available for the Citys RFQ process, the possibility of creating a tiered process as well as the design build process. Approved 7-0 Q Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order No. CDM -09-007 with Camp Dresser & McKee, Inc. (CDM), of Austin, Texas, for professional services related to the design and construction of a Lake Water Treatment Plant Expansion (LWTP) Filter #10 and Sun City Pump No. 4 for $183,000.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/September 8, 2009 Page 4 of 6 Pages Dishong reviewed the item and said this project accelerates what would be a larger project and pulls out aspects of the larger project, which will add treatment capacity on the ground. He said the item was recommended unanimously by the GUS Board. Motion by Sansing, second by Berryman to approve the task order. Berryman asked and Dishong said the current issue is not only the Citys treatment capacity, but also the fact that the aquifer level is so low that there is a lack of water to treat. Sansing said this will help eliminate issues for next year and Dishong said this will provide backup for the current vulnerabilities in the system He said the plants could treat much more if the City could get more water to them. There was much discussion. Approved 7-0 R Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action for the award of the annual bid for electric metering material to various bidders in the estimated amount of $200,000.00 -- Kenneth Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Arnold described the item and said this is equipment that is stocked in the City warehouse and used for insulation throughout the City. Motion by Brainard, second by Sansing to approve the annual bid. Approved 7-0 S First Reading of an Ordinance amending Section 12.20.100 of the Code of Ordinances and Adding New Section 12.20.120 "Special Permits for Extended Hours" to allow exceptions to the Parks Hours in San Gabriel Park -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Garrett said this is being brought to Council regarding direction given to staff to look into adding a section to the Ordinance to allow charitable organizations to apply for a permit in order to hold fundraising activities in San Gabriel Park after hours. She said there is stipulation about only allowing two permits per year as well as$100 per permit. Garrett read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Ross asked and Garrett said the $100 fee is a way to prevent misuse of this permit. Garrett said this usage of the Park would generate more trash and electric usage. Ross asked and Garrett said the fee could be waived for City sponsored events. Sattler asked and Brandenburg said the City has waived fees in the past. Sansing said it may be a good idea to include the addition of the ability for the Parks Director or City Manager to waive the fees. Motion by Sansing, second by Berryman to approve the Ordinance with the addition of allowing either the Parks Director or City Manager to approve fee waivers. Ross made a friendly amendment to lower the fee to $50. Berryman made an additional friendly amendment to have the fee instead be a $100 deposit that would be returned to the applicant if all rules have been followed. Approved 7-0 T First Reading Ordinance terminating a continuous geographic area within the City of Georgetown generally located at the Southwest Corner of IH 35 and SH 29 was a Reinvestment Zone for Tax Increment Financing purposes pursuant to Chapter 311 of the Texas Tax Code -- Micki Rundell, Chief Financial Officer Rundell described the item and said this would eliminate the Wolf Ranch Tax Increment Reinvestment Zone. She said the development has not reaped the rewards that were expected and since the revenues will never be what Simon said they would be, the City is not required to return the $15 million. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Rundell said Simon had no comment on this termination. Motion by Sansing, second by Eason to approve the Ordinance on first reading. Sansing noted Wolf Ranch has generated a ton of sales tax revenue. Rundell agreed and said it has worked well for the City but it does not work well for Simon. There was much discussion. Approved 7-0 U Second Reading of an Ordinance to make changes to the City's Personnel Policy #350 on Longevity -- Kevin Russell, Director of Human Resources and Civil Services Brandenburg described the item and read only the caption of the Ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2009-46. Approved 7-0 V Second Reading of an Ordinance adding new Chapter 12.10 to the Code of Ordinances relating to abandonment and sale of City land, streets, easements and rights of way -- Terri Glasby Calhoun, GUS Paralegal and Jim Briggs, Assistant City Manager for Utility Operations Dishong described the item and said this lays out the process for disposing of property that is owned by the City and no longer needed. He read only the caption of the Ordinance on second reading. Motion by Sansing, City Council Meeting Minutes/September 8, 2009 Page 5 of 6 Pages Second by Eason to approve Ordinance 2009-47. Approved 7-0 W Second Reading of an Ordinance Rezoning 2.28 acres in the Flores Survey, from RS, Residential Single -Family to C-1, Local Commercial, to be known as Woerner-Baker Subdivision, located at 2501 N. Austin Avenue -- Tommy Garcia, Planner II and Elizabeth A. Cook, Director of Community Development Garcia described the item and read only the caption of the Ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2009-48. Approved 7-0 X Second Reading of an Ordinance Annexing into the City 14.31 acres, more or less, in the Burrel Eaves Survey, Abstract 216, for Sun City Community Gardens, located north of Sun City Boulevard and west of the Sun City Softball Park -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Community Development Polasek said this item as well as the next item are related to the Sun City Community Gardens. He read only the caption of the Ordinance on second reading. Motion by Berryman, second by Brainard to approve Ordinance 2009-49. Approved 7-0 Y Second Reading of an Ordinance Rezoning 14.307 acres in the Burrell Eaves Survey from AG, Agriculture District to PUD, Planned Unit Development, also known as the Sun City Community Gardens, located near the intersection of State Highway 195 and Sun City Boulevard -- Jordan J. Maddox, AICP, Planner III and Elizabeth A. Cook, Acting Director of Community Development Polasek reviewed the item and read only the caption of the Ordinance on second reading Motion by Berryman, second by Sansing to approve Ordinance 2009-50. Approved 7-0 Z Second Reading of an Ordinance amending Section 6.16.010 of the City of Georgetown Code of Ordinances relating to "Definitions" for the terms Peddler and Solicitor; amending Section 6.16.060 of the City of Georgetown Code of Ordinances relating to "Permit— Issuance, Duration" for Peddler and Solicitor Permits; and amending Section 6.50.020 of the City of Georgetown Code of Ordinances relating to Permits and Fees for Itinerant Merchants -- Paul E. Brandenburg, City Manager and Patricia E. Carls, City Attorney Brandenburg described the item and the history of this issue. He read only the caption of the Ordinance on second reading. Motion by Eason, second by Berryman to approve Ordinance 2009-51. Approved 7-0 Motion by Sansing, second by Berryman to adjourn. Meeting adjourned -- 7:15 p.m. Adjournment The meeting was adjourned at 07:15 PM. Approved : Mayor George Garver City Council Meeting Minutes/September 8, 2009 Page 6 of 6 Pages Attest: City Secretary Jessica Hamilton RESOLUTION NO. d 3'�)D R O–L— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AUTHORIZING THE MAYOR TO SIGN THE ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATED TO THE NORTH AND SOUTH AUSTIN BRIDGES PROJECT. WHEREAS, the Texas Transportation Commission passed Minute Order Number 114335, authorizing the State to undertake and complete a highway improvement generally described as reconstruct the North and South Austin Avenue bridges from 2nd Street to Morrow Street, Georgetown, Texas called the "Project"; and, WHEREAS, for the Project the term reconstruct includes replacement, rehabilitation, preservation, protection, and/or anti-icing/deicing for bridges and tunnels on a public road; and WHEREAS, as part of the administration of the Project, the Capital Area Metropolitan Planning Organization, by resolution number 2014-11-4, awarded the City of Georgetown a total of $1,299,174 in Surface Transportation Program Metropolitan Mobility (STP -MM) for the Project; and WHEREAS, in order to determine which alternative best serves the interests of the citizens of Georgetown, the City supports a study of alternatives including the following (1) do nothing, (2) alternative alignment, (3) maintenance, (4) rehabilitation/preservation and/or (5) replacement through a public involvement process which is also a requirement of the National Environmentally Policy Act (NEPA); and WHEREAS, the STP -MM award by CAMPO, using the term reconstruct, may require the City of Georgetown to submit to CAMPO a Transportation Improvement Project (TIP) amendment in the Spring of 2017 based on the decision resulting from the range of alternatives undertaken by the City of Georgetown; and WHEREAS, TxDOT works with the Federal Highway Administration (FHWA) and other federal agencies to comply with the National Environmental Policy Act (NEPA) and uses the TxDOT environmental compliance process for state and local projects, where TxDOT is the state approval authority; WHEREAS, the Advance Funding Agreement between TxDOT and the City allocate funds including a City contribution of $142,000 for the environmental review and is required for TxDOT approval. Resolution No. ban a 1 to - L Page 1 of 2 Date Approved 3 la -z.. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS: SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION TWO. The City Council of the City of Georgetown finds it to be in the best interest of the citizens of Georgetown to enter in the Advance Funding Agreement with the Texas Department of Transportation related to the North and South Austin Avenue Bridges Project. SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the Advance Funding Agreement and the City Secretary to attest thereto, on behalf of the City. SECTION FOUR. This Resolution shall become effective on the c�aday of no—r2016. PASSED AND APPROVED on the as day of 0'W c),\ , 2016. ATTEST: SWa'" Shelley Nlin City Secre . 9!!e7� APPROVED AS TO FORM: Charlie McNabb, City Attorney CITY OF GEORGETOWN, TEXAS By: —dA�Z�- Dale Ross, Mayor Resolution No. O 3 a a 1 l n^ L. Page 2 of 2 Date Approved 36alaoltp