HomeMy WebLinkAboutMIN 06.08.2021 CC-WNotice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, June 8, 2021
The Georgetown City Council will meet on Tuesday, June 8, 2021 at 2:00 PM at the Council and
Court Building located at 510 West 911, Street, Georgetown, TX 78626.
The City of Georgetown is committed to compliance with the Americans with Disabilities Act
(ADA). If you require assistance in participating at a public meeting due to a disability, as defined
under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon
request. Please contact the City Secretary's Office, at least three (3) days prior to the scheduled
meeting date, at (512) 930-3652 or City Hall at 808 Martin Luther King Jr. Street, Georgetown, TX
78626 for additional information; TTY users route through Relay Texas at 711.
Mayor Schroeder called the meeting to order at 2:00 p.m. The following Council Members were
in attendance: Mayor Josh Schroeder; Amanda Parr, Council Member District 1; Shawn Hood,
Council Member District 2; Mike Triggs, Council Member District 3; Steve Fought, Council
Member District 4; Kevin Pitts, Council Member District 5; and Tommy Gonzalez, Council
Member District 7. Rachael Jonrowe, Council Member District 6 was absent. A quorum of
Council Members was present in Council Chambers, Kevin Pitts, Council Member District 5; and
Tommy Gonzalez, Council Member District 7 were present via virtual meeting option and a roll
call was performed.
Pitts arrived during Item A via Zoom and arrived on the dais during Item E.
Policy Development/Review Workshop — Call to order at 2:00 PM
A. Presentation and discussion regarding the Charter Review Committee's final report
regarding recommended charter amendments -- Skye Masson, City Attorney
Masson presented the item and reviewed proposed changes to Section 2.01. — Number,
Selection, and Term of Office. She noted the Committee recommended a Charter amendment
limiting Councilmembers to no more than three 3-year terms during their lifetime as a
Councilmember and limiting Mayor for three 3-year terms for a total lifetime limit of 9 years
as Mayor; removing obsolete references to initial staggering of 3 year terms; and that currently
the Charter has no restriction on terms for either Councilmembers or the Mayor. Masson
stated that the Committee recommended adding the following language to Section 2.01
regarding term limits:
"No current or future Councilmember shall serve more than three (3) terms of
three (3) years each as Councilmember during their lifetime. No current or future
Mayor shall serve more than three (3) terms of three (3) years each as Mayor
during their lifetime.
Add the following language to Section 2.01 regarding term limits:
No current or future Councilmember shall serve more than three (3)
consecutive terms of three (3) years each as Councilmember. No current or future
Mayor shall serve more than three (3) consecutive terms of three (3) years each as
Mayor during their lifetime."
General discussion among Council and staff related wanting to clarify consecutive terms
versus lifetime; having a start dated that would not legislate against any sitting members; and
adding a two-year cooling off period.
Masson then noted that the Committee recommended remove the following language as it is
no longer needed:
"For the staggering of the initial three-year terms, the following procedure
shall apply:
(1) In 1995, Councilmembers shall be elected for Districts 1, 3, 4 and 5.
Following the election, the Councilmembers shall draw lots to serve either a
three-year term (2 members) or a two-year term (2 members).
(2) In 1996, the Mayor shall be elected for a three-year team, and
Councilmembers shall be elected for Districts 2, 6 and 7. Following the election,
the Councilmembers shall draw lots to serve either a three-year term (2
members) or a two-year term (1 member).
(3) In 1997, the two Districts whose Councilmembers serve two-year terms
shall elect Councilmembers for three-year terms. All succeeding elections shall
be to elect Councilmembers for three-year terms in compliance with this
Charter."
General discussion about deleting the language and that the language will be on the ballot for
deletion as part of cleaning up the Charter.
Masson reviewed Section 2.02. — Qualifications and added that the Committee recommend
an update to comply with State law and reduce restriction on subsequent City employment
from two years to one year as referenced in the TML report. She continued that relevant State
law allows home rules cities to adopt age and residence requirements greater than those in
state law, but such local provisions cannot require a candidate to be more than 21 on the first
day of the term and cannot require residency in the district or the City for longer than 12
months immediately preceding election day; otherwise, the local provision is void, and the
applicable statute would apply. Masson noted that the Committee was provided a proposed
amendment that would include the following language:
"each Councilmember and the Mayor shall be at least twenty-one (21) years of
age on the first day of the term to be filled at the election or on the date of
appointment, as applicable. For period of twelve (12) months preceding election
day, each Councilmember shall reside in the council district the member would be
representing and the Mayor shall reside within the City of Georgetown. No
member of the Council or the Mayor shall hold any other office or employment
with the City while serving as a member of the Council or the Mayor, nor hold any
paid employment with the City within one (1) year thereafter."
Council agreed with the proposed amendments.
Masson reviewed Section 2.03. — Vacancies and noted that the Committee recommended
filling a vacancy of terms with less than 12 months remaining by Council appointment and
without special election, and for councilmember vacancies, recommend Mayor recommends
and council approves. She added that State law generally requires vacancies be filled by a
special election, but a home -rule city can establish alternative if less than 12 months remain
in the term. Masson noted the following proposed amendment:
"... (b) If, at the time of the vacancy, less than twelve (12) months remain
on the term, the Mayor shall recommend an appointment and the Council shall
approve the appointment within thirty (30) days of the vacancy a qualified person
to fill the vacancy. If the City Council does not fill the vacancy, then they shall call
a special election to fill such vacancy in accordance with Article XI, Section 11 of
the Texas Constitution, and other applicable State laws...
b. If at the time of the vacancy less that twelve (12) months remain on the
term, the Council by majority vote may appoint one of the Councilmembers to fill
the vacancy until the next regular City Election date. If the City Council elects not
to appoint a Councilmember to fill the vacancy of Mayor, then the City Council
shall call a special election to fill such vacancy in accordance with Article XI,
Section 11 of the Texas Constitution, and other applicable State laws."
General discussion among Council and staff related to where the list of appointees would
come from; how the appointee process could be established via Resolution; and how 30 days
is acceptable, but if it could bee done sooner that would be preferred.
Masson reviewed Section 2.06. — Mayor and Mayor Pro Tern and noted that the Committee
recommended that the Mayor vote on all items considered by the City Council, and that
current Charter language allows the Mayor to vote only when there is a tie. She provided the
proposed amendment as follows:
"...The Mayor, as a member of the Council, shall be entitled to vote on all
affairs considered by the Council and shall have no veto power..."
General discussion about how this would affect the Mayor Pro Tem; when the Mayor Pro
Tern steps in for the Mayor; what would happen if a Council member became Mayor for the
sake of filling a vacancy; best practices; the differences in the proposed language and what
the current language allows for; what domino effects could occur with the proposed
language; and Council's desire to not give the Mayor a vote.
Masson reviewed Section 2.09. — Rules of Procedure and noted that the Committee
recommended that all items require an affirmative vote of a majority of the Council present
and voting, and the current language is potentially unclear of whether the majority
requirement applies to entire Council including the mayor and those members not present.
She added that the proposed amendment includes the following language:
"No action of the Council, except as otherwise provided in this Charter, shall
be valid or binding unless adopted by the affirmative vote of a majority of the
Council members present and voting."
General discussion regarding when a super majority vote would need and how some of that
will be cleaned -up with a UDC amendment.
Masson reviewed Section 2.10. — Procedure to Enact Legislation and noted that the Committee
recommendations include: two readings required, but only one reading of the caption; notice
of ordinances no longer published in newspaper instead require notice on City primary
webpage or whatever is the primary City controlled contemporary means of information
sharing; remove filing requirement in City Secretary's Office; and address current language
requires reading of caption twice, publication of caption at least 72 hours prior to first reading,
and filing of ordinance in City Secretary office one week prior. She added that the proposed
amendment included the following language:
"An ordinance shall not be adopted until it has been considered and favorably
acted on by the Council at two (2) separate council meetings. The caption of a
proposed ordinance shall be read once in full at a council meeting prior to its
adoption by the Council and shall be posted on the City of Georgetown's primary
Internet webpage or the City of Georgetown's primary contemporary means of
information -sharing system that is maintained as part of the City of Georgetown
official records."
Council had no questions or comments on this section.
Masson reviewed Section 8.03. — Franchise; power of the City Council and noted that the
Committee recommended modifying the publication requirement for franchise agreement
and requiring posting on City's primary internet webpage, and that the current charter
language requires publication of all proposed franchise agreements for four weeks in between
first and second reading. She added that the proposed amendment included the following
language:
"...and pending such time, the full text of such ordinances shall be posted on
the City of Georgetown's primary Internet webpage or the City of Georgetown's
primary contemporary means of information sharing systems that is maintained
as part of the City of Georgetown's official records."
Council had no questions or comments on this section.
Masson reviewed Article IV. — Initiative, Referendum and Recall and noted that the
Committee recommended amending the petition requirements for initiative, referendum and
recall to specify that it requires signature of 15% of the voters who actually voted in the last
municipal general election and removal of the 250 minimum; and the current language
requires 15% of the qualified voters in the last regular municipal election, but not less than
250 signatures. She added that the requirement of not less than 250 signatures may come
from the original charter. Masson provided the proposed new language for Sec. 4.01- Power
of initiative to include the following language:
"Any initiated ordinance may be submitted to the Council by a petition signed
by registered voters of the City, equal in number to at least fifteen (15) percent of
the registered voters of the City who voted in the last municipal general election."
General discussion among Council and staff related to the desire of Council to leave
requirements high so as not to trivialize the process; using the term qualified instead of
registered; and that the City is now large enough that the percentage alone is fine and would
be more than 250 signatures.
Masson reviewed Sec. 4.02-Power of referendum and noted that the Committee proposed the
following new language be included:
"... a petition signed by registered voters of the City equal in number to at least
fifteen (15) percent of the registered voters who voted in the last municipal general
election"
Masson reviewed Sec. 4.07-Recall of City Officials and noted that the Committee proposed
the following new language be included:
"A petition to recall the Mayor only shall be signed by registered voters of the
City equal in number to at least fifteen (15) percent of the registered voters of the
City who voted in last municipal general election, demanding the removal of the
Mayor...
A petition to recall a Council member shall be signed only by the registered
voters of the single member council district that the Council member represents,
and the signatures must be equal in number to at least fifteen (15) percent of the
registered voters residing in that council district who voted in the last municipal
general election,"
Council expressed that they would like for the 15% to be made up of voters in a given district.
Masson reviewed Article V.—Administrative Organization and noted that the Committee
recommended amending Sections 5.03, 5.04, and 5.05 to remove references to divisions to
reflect the administrative organization of the city, and that the current Charter language refers
to divisions as well as departments. She provided the following proposed new language for
Sec. 5.03 - Administrative departments:
"There shall be such departments as are established by this Charter and as may
be established by ordinance, all of which shall be under the control and direction
of the City Manager. The Council may abolish or combine one (1) or more
departments created, and may assign or transfer duties of any departments of the
City from one department to another by ordinance."
Masson provided the following proposed new language for Sec. 5.04 - Directors of
departments:
"At the head of each department there shall be a director who shall be
appointed, and who may be removed, by the City Manager. Such directors shall
have supervision and control over their respective departments, and may head
any departments within a division. Two (2) or more departments may be headed
by the same individual, and the City Manager may temporarily head one (1) or
more departments."
Masson provided the following proposed removal of the entire section as it is no longer
relevant in Sec. 5.05-Divisional and departmental organization:
"The work of each division shall be distributed among such departments as
may be established by ordinance. Pending passage of ordinances establishing
departments or divisions, the City Manager may establish temporary
departments."
Masson and David Morgan, City Manager addressed how these changes do not affect the
current City structure and this language is outdated.
Masson reviewed Article VI. — Finance and noted that the Committee recommended
amending: language related to appropriations to remove references to divisions, and
language related budget amendments to better reflect current practices and State law. She
added that the current Charter language refers to budget amendments only as an emergency
as a result of grave necessity that could not have been foreseen.
Masson provided the following proposed new language for 6.03-Appropriations:
"From the effective date of the budget, the several amounts stated therein as
proposed expenditures shall be and become appropriated to the several objects and
purposes named therein. Except as provided in this Article no funds of the City
shall be expended nor shall any obligation for the expenditure of money be
incurred, except pursuant to the annual budget as adopted and as provided by this
Article. At the close of each fiscal year, any unencumbered balance of an
appropriation shall revert to the fund from which appropriated and become
available for reappropriation for the next fiscal year. The Council may transfer any
unencumbered appropriation balance or portion thereof from one office,
department, or agency to another at any time. The City Manager shall have
authority, without Council approval, to transfer appropriation balances from one
expenditure account to another within a single office, department, or agency of the
City."
Masson provided the following proposed new language for 6.04-Budget amendments and
emergency appropriations:
"...or for municipal purposes as allowable under State law to meet an unusual and
unforeseen condition that could not have been included in the original budget through the
use of reasonable diligent thought and attention."
Council had no questions or comments on this section.
General discussion among Council and staff related to how the need to establish a City
Auditor position does not required adding language to the Charter.
Masson provided the following next steps: June 22,2021 Public Hearing and discussion of
proposed charter amendments; July 13, 2021 second public hearing and discussion of
proposed charter amendments; July 27, 2021 first reading of ordinance calling charter election
that will include final ballot/proposition language and how this action could be combined
with the second public hearing; August 13, 2021 second reading of ordinance calling charter
election; and a noted that August 16, 2021 is the last day to order an election for November 2,
2021.
General discussion among Council and staff related to Council's ability to advocate for
Charter amendments and how staff will provide clear direction on advocacy for the
amendments.
B. Presentation, update, and discussion regarding the in-house water meter installation
initiative recommended as part of the Gartner Study last fall -- Leticia Zavala, Customer Care
Director
Zavala presented the item and reviewed the City's history and current practice for meter
installation. She noted the current challenges and survey results for surrounding water
utilities related to water meter installations per year; staffing related to dedicated full time
employees; installation timeline in business days; territory size in square miles; funding type;
tap fee charges for a 3/4" meter; and number of meters. The survey results included the
following cities and entities: City of Round Rock; City of Burnet; City of Hutto; City of Cedar
Park; City of Taylor; and Jonah SUD. Zavala reviewed the City Proposed Plan with the
following scope: water meter installations numbering 6,600 year; staffing of 6 dedicated full
time employees; an installation timeline of 5 to 10 business days; a territory size of 347 square
miles; using tap fees for funding; Tap Fee charge of $350 for an inside 3/4" meter or $500 for
an outside meter; and 48,000 meters. She then reviewed Section 13.04.150 of the City Code
relating to Tap Fees — Cost Recovery and noted that tap fees have not been increased since
2001.
Chelsea Solomon, Water Director then presented a proposed plan with a phased -in approach
with Phase I being validation and verification of new water meter installations via a
preliminary "hybrid" approach; and Phase II being the ultimate full water meter installations
and a "turn -key" process. She then reviewed the resources needed and noted that costs for
Phase 1 could range from $244,290 - $610,725 and for Phase 2 would be $702,335. Solomon
then provided next steps and following key goals: implement industry best practice of utility
setting their "cash registers;" reduce/eliminate quality control and data related issues;
mitigate customer billing risk through enhanced verification/validation processes by
lowering the number of billing adjustments needed; streamline meter inventory management
by eliminating need for Customer Service "mini -warehouse;" reduce costs for lost or
damaged meter assembly components with register/module ("recorder" & "transmitter");
and increase awareness of where meters are installed. She then asked for Council feedback.
General discussion among Council and staff related to the need to keep pace with
development; installation rate of 400-500 meters per month; the Water Rate Study; the
approximate 50/50 split of water meters in the City limits versus in the ETJ; possible increase
to tap fees; delay in received revenue related to meters; effect of current process on tiered
rates; related permit process; how there will be a separate process for large scale projects; and
need to increase staff associated with the processes. During the discussion Mike Maldonado,
Meter Services Manager, assisted with answering some questions.
Mayor Schroeder stated that there is a clear consensus to move forward while addressing the
concerns expressed.
C. Presentation and discussion regarding the proposed FY2022 Capital Improvement Plan for
Parks and Recreation, Facilities, and Transportation and Drainage Capital Improvement Plan
-- Kimberly Garrett, Parks and Recreation Director; Eric Johnson, Facilities Director; and
Wesley Wright, PE Systems Engineering Director
Garrett presented and reviewed the Parks and Recreation Capital Improvement Plan and
current year projects that include: Tennis Center Pool demolition; ADA Transition Plan;
Neighborhood Park Development related to the redevelopment of Heritage Community
Gardens; Regional Trail development; and Parks Master Plan. She then reviewed the Parks
Master Plan next steps and project schedule, 2008 Park Bond status, Proposed 5 Year CIP, and
Proposed Parks CIP for FY2022. Garrett noted that the Parks Board recommended approval
of the proposed projects in the FY2022 and the Five -Year Capital Improvement Plan at their
April 8, 2021 meeting.
General discussion among Council and staff related to how the 4,000 households were
randomly selected for the Parks Master Plan survey; providing the survey in languages other
than English; the need for southeast parkland to be purchased sooner rather than later; and
parks that will be included in PIDs (Public Improvement Districts).
Mayor Schroeder recessed at 3:40 p.m. for brief break. Mayor Schroder called the meeting
back to order at 3:48 p.m.
Johnson presented the 2022 Capital Improvement Plan for Facilities and noted the following
projects: Downtown City Center festival/public space; land acquisition for the Parks and
Recreation administrative offices; and Fire Logistics Building. He reviewed the Proposed 5
Year CIP plan.
Gonzalez asked about how often Fire Stations are updated. Johnson responded that it
depends on the buildings and what types of changes are needed.
Johnson then reviewed the next steps.
General discussion among Council and staff related to specifics of the Fire Logistics Building;
the need to account for increased construction costs as tied to inflation; signature gateway
signage; and possible timing of a mixed -use parking garage will move up.
Wright presented and reviewed the CIP projects for Stormwater; Street Maintenance based
on voter -approved Quarter Cent Sales Tax; 2015 Road Bond; and 2021 Road Bond Schedule.
General discussion among Council and staff related to the status of a traffic light at Estrella;
Wildwood and Williams Drive intersection possible improvements; possible improvements
to Austin Avenue to create a more pedestrian friendly environment.
D. Presentation and discussion regarding the City's Quarterly Financial Report, which includes
the Investment Reports for the City of Georgetown, Georgetown Transportation
Enhancement Corporation (GTEC), and the Georgetown Economic Development
Corporation (GEDCO) for the quarter ending March 31, 2021 -- Nathan Parras, Assistant
Finance Director
Leigh Wallace, Finance Director presented the item and reviewed the Second Quarter
background. She noted that budget in this report reflects the CIP Roll Forward and
operational amendments from January, and due to the COVID-19 pandemic timing, year over
year comparisons of 2020 and 2021 show large variances in some revenues and expenses,
which was expected going into FY2021. Wallace continued that the report reflects operational
impacts of the winter storm in expenses with amid -year budget amendment that will be
posted to third quarter and the City will apply for FEMA reimbursement. She reviewed the
General Fund Revenue which is comprised of: Sales Tax, Property Tax, Franchise Fees, Return
on Investment (ROI), Planning and Development Revenue, Sanitation Revenue, Fire and EMS
Revenue, and Parks and Recreation. Wallace provided the General Fund Expenses for
personnel and operations, and then the Electric Fund Revenue combined with Electric Sales
Revenue. She noted the Electric Fund net Purchased Power and the Electric Fund Purchased
Power with a comparison of the Second Quarter from FY2020 to FY2021. Wallace reviewed
the Water Fund revenue including the Water Fund revenue by quarter, Water Fund operating
revenue, Water Fund expense by quarter, and Water Fund Expense compared to budget. She
provided the Tourism Fund revenue and noted the Hotel Occupancy Tax.
General discussion among Council and staff related to positive financial outlook; growth
being experienced by the City; and parkland dedication fees.
E. Presentation and discussion regarding the FY2021 Mid -Year Budget Amendment -- Nathan
Parras, Assistant Finance Director
Leigh Wallace, Finance Director presented and reviewed the budget process, and how the
winter storm impacted multiple funds
Fought asked the possibility to refinance based on changes in Legislature. Morgan responded
that staff is tracking that and will see what options are made available.
Wallace reviewed the City's performance impacts due to growth and COVID. She then
reviewed the General Fund and requests made in the following areas: Fire Support Services;
Inspection Services; Police Operations; merit and market adjustments for Council direct
reports; Non -Departmental; and Planning. Wallace also noted the large increase in
development over the last year. Morgan added that the Deputy Fire Marshal position could
be filled via an internal promotion, which would leave a vacancy to be backfilled at a later
date. Wallace reviewed the general Capital Projects in Non -Departmental areas,
Environmental Services, and Parks. She reviewed request from the following Internal Service
Funds: Facilities, Joint Services, and Information Technology. Wallace provided requests
made from Special Revenue Funds in the following areas: Conservation, Parks at Westhaven
PID, Bluffview PID, Main Street Program, Abandoned Vehicles, Animal Services, and
Georgetown Transportation Enhancement Corporation (GTEC). She noted requests in the
Enterprise Funds for Airport Operations and Water Operations.
General discussion among staff and Council related to funds in the Main Street Fund; fuel
related funds for the Airport; and Library expenses related to minor renovations and repairs.
Mayor recessed at 5:02 p.m. for Executive Session to start at 5:10 p.m.
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.
F. Sec. 551.071: Consultation with Attorney
Advice from attorney about pending or contemplated litigation and other matters on which
the attorney has a duty to advise the City Council, including agenda items
- Litigation Update
Sec. 551.086: Certain Public Power Utilities: Competitive Matters
- Competitive Matters - Purchased Power Update
Adjournment
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