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HomeMy WebLinkAboutMIN 02.27.2007 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, Henry All Council present Carr, Pat Berryman, Farley Snell, Ben Oliver Staff resent: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; David Morgan, Police Chief; Bobby Ray, Bobby Ray, AICP, Director of Planning and Development; Ed Polasek, Principal Planner; Travis McLain, Airport Manager; Gelnn Dishong, Water Services Manager; Mark Miller, Transportation Services Manager; Mike Mayben, Energy Services Manager; Leticia Zavala, Controller; Keith Hutchinson, Public Information Officer Executive Session Regular Session to convene and continue Executive Session, if necessary 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. 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 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 -Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - Stanford v. City of Georgetown , Cause No. 06-634-C26, filed in the 26th Judicial District of Williamson County, Texas - Residual Partners LLC v. City of Georgetown, Cause No. 07-093-C26, in the 26" Judicial District, Williamson County, TX. Mark Shelton v. Rodney Eric Wise, Shanna Elaine Shelly, David Earl Morgan, City of Georgetown , Cause No. A07 CA063 LY, In the United States District Court for the Western District of Texas, Austin Division B Sec 551.072: Deliberations about ileal Property - Discussion and possible action concerning the acquisition of a 0.04 acre Clear Zone Easement and denial of access on property owned by Threadgill Oil Co., Inc., located at 705 N. Austin Avenue, in connection with the proposed Texas Department of Transportation/Austin Avenue Maintenance Project -- Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carls, Brown & Carls, LLP, City Attorney - Consideration and possible action concerning the acquisition from Joe L. Zavala of a 0.407 -acre tract of land called Tract "A" and a 0.643 -acre tract of land called Tract "B" for a temporary construction easement in connection with the Pecan Branch 16" Reuse Irrigation Line Project. C Sec.551.086: Competitive Matters Forwarded from the GUS Board: City Council Meeting Minutes/February 27, 2007 Page 1 of 9 Pages - Consideration and possible ac ion to renew the contract, between the City of Georgetown and Flowers Construction Company, L.P., for electric system maintenance and construction services and Electric System Construction Trenching and Conduit Installation for F.Y. 2007. -- Mike Mayben, Energy Services Manager, Jim Briggs, Assistant City Manager for Utility Operations - Consideration and possible recommendation for extension of the contract between McCord Engineering, and Georgetown Utility Systems, to provide engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion (due to development), and system mapping. -- Mike Mayben, Energy Services Manager, Jim Briggs, Assistant City Manager for Utility Operations - Consideration and possible recommendation for execution of a contract between Schneider Engineering, LTD, and Georgetown Utility Systems, to provide engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion (due to development), and system mapping and coordination studies. -- Mike Mayben, Energy Services Manager, Jim Briggs, Assistant City Manager for Utility Operations - Consideration and possible regarding a Nondisclosure Agreement by and between the City of Georgetown and Citicorp North America, Inc. relating to nondisclosure of confidential electric utility system information and confidential competitive matters D Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Discussion and possible action regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; and deliberation of the offer of a financial or other incentive to a business prospect described above - Project Fortress Regular Session ® To begin no earlier than 06°00 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.) E Call to Order Mayor Nelon called the meeting to order at 6:01 p.m. F Pledge of Allegiance Mayor Nelon led the Pledge. G Comments from the dais - Welcome to Audience and Opening Comments - Review of procedure for addressing the City Council Mayor Nelon gave a brief overview of meeting procedures. H Announcements and Comments from City Manager - Presentation of Texas Recreation and Parks Society (TRAPS) Gold Medal Award to the Georgetown Parks and Recreation Department Kimberly Garrett presented the Texas Gold Medal for the best Parks and Recreation Department for cities between 20 and 50,000. Brandenburg made the following announcements: - The City will hold elections for City Council seats for Districts 3, 4, and 7 on May 12, 2007. The last day to file for candidacy is March 12, 2007. Candidate Packets can be obtained at City Hall from the City Secretary. On Tuesday, March 6th, there will be a 'First Tuesday Benefit' for the Georgetown Animal Shelter at Fish City Grill in the Wolf Ranch Shopping Center. Fish City Grill will donate 15 percent of the sales receipts on that day to the Georgetown Animal Shelter. - The City has extended the deadline to accept applications for the Georgetown Citizen Academy. For more information, please go to our website at www.georgetown.orq or contact Shirley Rinn at 930-3723. The deadline for submitting applications to the Academy is March 23, 2007. Public Wishing to Address Council As of the deadline, there were no persons wishing to addess the Council on items not already listed on the agenda. J Action from Executive Session Motion by Smith, second by Sansing that the City Council approve the contract with Flowers Construction Company, L.P., for electric system maintenance and construction services and Electric System Construction Trenching and Conduit Installation for F.Y. 2007. Approved 7-0. Motion by Smith, second by Eason that the City Council approve the contract with McCord Engineering for provision of engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion (due to development), and system mapping. Approved 7-0. City Council Meeting Minutes/February 27, 2007 Page 2 of 9 Pages Motion by Smith, second by Eason that the City Council approve the contract with Schneider Engineering, LTD to provide engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion (due to development), and system mapping and coordination studies. Approved 7-0. Motion by Smith, second by Oliver that the City Council approve the Nondisclosure Agreement with Citicorp North America, Inc. relating to nondisclosure of confidential electric utility system information and confidential competitive matters, and to allow the Energy Services Manager and the City attorney to negotiate the provision relating to the length of the term of the Agreement. Approved 7®0. 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. K Consideration and possible action to approve the minutes of the Council Workshop on Monday, February 12, 2007, and the Council Meeting on Tuesday, February 13, 2007 -- Sandra D. Lee, City Secretary Mayor noted that there were corrections to the Minutes of February 13, submitted by the City Secretary on the dais as initiated by Councilmember Eason. L Consideration and possible action to approve an Airport Ground Lease with Ben Broussard, for the construction of a private aircraft storage hangar at 504 Wright Brothers Drive — Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager M Consideration and possible action to approve an Airport Ground Lease with R A General Services, for the construction of multiple, commercial aircraft storage hangars and office space at 101, 201, and 301 South Hangar Drive — Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Snell asked and McLain responded that the words commercial and corporate were both used, but it was meant to differentiate the different rate for the hangar rent, not that a commercial plane operation would be taking place from that hangar. N Consideration and possible action to approve the purchase of concrete repair services from J & A Concrete, of Georgetown, Texas, in an amount not to exceed $49,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant Director for Utility Operations. O Consdieration and possible action on a Preliminary Plat for a replat of Lot 2, McDaniel Park Subdivision, also to be known as Holly Street Village, located betwen North College Street and North Holley Street -- Rebecca Rowe, Historic Planner and Bobby Ray, AICP, Director of Planning and Development P Consideration and possible action to authorize a Donation Agreement between the City and Leslie P. Best and wife, Jane Best, for their donation of 0.5126 acres of land to the city for use as a public street in connection with the proposed construction of a new access point be the Texas Department of Transportation to the southbound IH -35 frontage road between SH 29 and FM2243 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Q Consideration and possible action to approve an Amended Performance Agreement regarding Hope Lumber Company -- Paul E. Brandenburg, City Manager and Mark Thomas, Director of Economic Development R Consideration and possible action to accept the independent audit of all accounts of the City reported in the Comprehensive Annual Financial Report (CAFR) and the single audit report for the fiscal year ended September 30, 2006 -- Leticia Zavala, Controller and Micki Rundell, Director Finance & Administration S Consideration and possible action to approve a resolution finding public convenience and necessity and authorizing eminent domain, if necessary, for acquisition of a temporary construction easement to effectuate construction of a 16" irrigation water line and pump station (Zavala Property - Parcel No. 2) -- Thomas R. Benz, Systems Engineernig Manager and Jim Briggs, Assistant City Manager for Utility Operations T Consideration and possible action to approve a Housing Tax Credit and Home Investment Partnership Program Proposal with Shady Oaks GHA Housing, L.P. for the Development named Shady Oaks Apartments, located at 501 Janis Drive — Tom Yantis, Assistant City Manager Pulled by Snell for discussion on the Regular Agenda. City Council Meeting Minutes/February 27, 2007 Page 3 of 9 Pages U Consideration and possible action to approve a Housing Tax Credit Proposal with Sierra Ridge GHA Housing, L.P. for the development named Sierra Ridge Apartments, located at the intersection of Northwest Blvd. and Washam Dr. — Tom Yantis, Assistant City Manager Pulled by Snell for discussion on the Regular Agenda. V Consideration and possible action to remove a name from the appointments made at the regular Council Meeting on February 13, 2007 to the City Council -appointed boards and commissions — Sandra D. Lee, City Secretary Motion by Eason, second by Carr to approve the Consent Agenda with the exception of Items T and U and with the corrections to the minutes as submitted on the dais. Approved 7-0. Legislative Regular }agenda Council will individually consider and possibly take action on any or all of the following items: T Consideration and possible action to approve a Housing Tax Credit and Home Investment Partnership Program Proposal with Shady Oaks GHA Housing, L.P. for the Development named Shady Oaks Apartments, located at 501 Janis Drive — Tom Yantis, Assistant City Manager This item was pulled from the Consent Agenda by Snell. Yantis noted that Council has previously supported four other tax credit applications and offered support of one project that did not receive funding. He said the Housing Advisory Board unanimously approved the projects. Speaker, Rose Herrerra, said the Apartment Association is in support of this proposal and asked the Council to support the Housing Authority. Motion by Carr, second by Smith to approve. Approved 7-0. U Consideration and possible action to approve a Housing Tax Credit Proposal with Sierra Ridge GHA Housing, L.P. for the development named Sierra Ridge Apartments, located at the intersection of Northwest Blvd. and Washam Dr. — Tom Yantis, Assistant City Manager This item was pulled from the Consent Agenda by Snell. Yantis noted that Council has previously supported four other tax credit applications and offered support of one project that did not receive funding. He said the Housing Advisory Board unanimously approved the projects. Motion by Eason, second by Sansing to approve. Approved 7-0. W Summary of 2006 Racial Profiling Report as mandated by the State Legislature -- David Morgan, Police Chief Chief Morgan explained that the report is available upon request and will be on the City's website. He said the City of Georgetown's report is more "in depth" than any other report in the State. He said the statistical analysis shows there is nothing to suggest that there is racial profiling in Georgetown, and there have been no complaints of racial profiling. Mayor Nelon commended Morgan for the preparation of the report. Sansing confirmed that the increased incidents are not a sign of an effort to increase revenue. Brandenburg mentioned the City's patrol on IH35. Brandenburg said a lot of the action is complaint driven and due to regular patrols around schools in the mornings and afternoons. Sansing also confirmed that the State mandates that the City will patrol IH35. Nelon pointed out that a large percent of the incidents involve people who live outside the City. X Consideration and approval of a Resolution approving a letter from Williamson County along with the Member Cities (Georgetown, Round Rock, Taylor and Cedar Park) of the Williamson County & Cities Health District (WCCHD) to non -participating incorporated Cities in Williamson County regarding the benefits of membership in the WCCHD -- Paul E. Brandenburg, City Manager Brandenburg said the County bases it's invoice to the City on a per capita basis. He said at this time, Georgetown, Round Rock, Taylor and Cedar Park are subsidizing the services for residents of other cities in the County. He said the City of Georgetown pays $1.65 per capita to belong to the District, which this year equaled $73,000. He noted that there is a strategy listed in the resolution that would outline the procedure for the Health District to approach the other cities to join. Motion by Snell, second by Oliver to approve the resolution. Oliver asked Brandenburg to list the names of the other cities that are currently not members in the District. Brandenburg listed the Cities of Leander, Hutto, Liberty Hill, Weir, Bartlett and Granger. Vote on the motion: Approved 7-0. City Council Meeting Minutes/February 27, 2007 Page 4 of 9 Pages Y Discussion and possible action to approve the IOOF Cemetery Masterplan for the new addition -- Paul E. Brandenburg, City Manager Brandenburg noted that there is no more rentable space in the old part of the IOOF Cemetery. With a display, he showed a layout of the current cemetery and an area that could be used for expansion. He noted that an urn area could also be added. He noted that once this new area is completely rented, the City will be out of the cemetery business. He said when the owners of the current lots were contacted, the City was able to collect $7,000 for maintenance of the cemetery. He asked for Council's direction. Sansing asked if pathways should be considered in the urn area. Brandenburg said there are rows in between the two -foot by two -foot spaces. Motion by Oliver, second by Berryman to approve the IOOF Cemetery Masterplan. Approved 7-0. Z Consideration and possible action to authorize First Southwest Company to proceed with the preparation of the required bond offering documents for the upcoming 2006 bond issues -- Micki Rundell, Director Finance and Administration Rundell noted that this item is a follow-up to the workshop item on Monday night. She listed the types and amounts of bonds and what the funds would be used for. She said the total amount is $38,465,700.00, saying the City doesn't want to issue more than is needed, but wants to issue enough. Motion by Sansing, second by Snell to approve with the preparation of the required bond offering documents. Approved 7-0. AA Consideration and possible action to approve a resolution expressing official intent to reimburse costs associated with the replacement of the City's radio communication system -- Micki Rundell, Director Finance and Administration Rundell noted that this item was explained at a recent workshop. Motion Sansing, second by Carr to approve the resolution. Approved 7-0. BB Consideration and possible action regarding a "Multiparty Agreement by and between the City of Georgetown, HB Longhorn Junction Phase III, L.P., Citicorp North America, Inc., and National Bank of Arizona, N.A." relating to use of letter of credit proceeds -- Micki Rundell, Director Finance and Administration and Patricia E. Carls, City Attorney Carls explained the item, saying it relates to a request from the parties to use the proceeds in a specific way. She said the City is not financially obligated by this agreement. Motion by Sansing, second by Berryman to approve the Multiparty Agreement. Approved 7-0. CC Consideration and possible action to suspend the rules and reconsider action by the Council on December 123 2006 "to direct staff to work on changing the municipal code to deal with residential heritage trees" -- Farley Snell, Councilmember District 6 Snell said he would like to do a motion to suspend the rules and reconsider the action that was taken on December 12. Motion by Snell, second by Sansing to suspend the rules. Approved 7-0. Motion by Snell, second by Eason to reconsider the action. Approved 7-0. Motion by Snell, second by Sansing to direct staff not to work on changing the Municipal Code to deal with residential heritage trees. Snell said he had worked on this and has spoken with staff, and there was great difficulty expressed as to how to implement it. He gave two examples as to how difficult it would be to enforce. He noted that Council could revisit this issue. Vote on the motion: Approved 7-0. DD Discussion and Possible action with regards to an update related to the City's Pass Through Financing Proposal from December 2005 and impacts to GTEC projects along with Williamson County Road Bond Issue passed by voters in November of 2006 -- John Aldridge, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations With a map on display, Briggs explained the item, saying pass-through money was available, and the City filed application in December of 2005. He said since that time there were discussions with the Texas Department of Transportation (TXDOT), and things at first looked good, but now things have changed on the TXDOT side, and their ability to access funds has been impacted. He said TXDOT has said they will not be taking on the issue for pass-through requests. Briggs noted that the City had been speaking with the County regarding their road bond issues passed in November. He said a list of priorities for road construction was requested and had been shared with the County, but the County has now changed the priorities. He said the Southeast One project is a funded GTEC project, and the City hopes to leverage with the County bond issue because it would set a higher priority with the County; and the same with the Southwest Bypass from SH29 to IH35. He said there is funding through GTEC and from Congressman Carter's Office. He said there will be County money put toward transportation and congestion relief, but the City will have to continue to fund the Southwest Bypass. He said City Council Meeting Minutes/February 27, 2007 Page 5 of 9 Pages Williamson County Commissioner Valerie Covey indicated the County might participate with the City in the Southwest Bypass at the County's next bond issue, whenever that may be. Briggs said he is not asking for particular action from the Council at this time. He said however there will be an interlocal agreement from the County in the future, that he feels will stipulate that if the City accepts this bond money, there will be additional roads and infrastructure included that originally belonged to the County, Carr asked for the main differences in the roads that were included in the bond issue and confirmed that there will be less money for the Inner Loop Infrastructure; a much heavier emphasis on the access road going up to SH29 from Blue Springs; no money for Southeast One; and build out of Reagan Blvd. all the way to IH35. Carr asked and Briggs responded that some of the money for the Northwest Blvd. overpass went to the frontage road, but most of it went to the $4 million for "braided ramps" on the frontage roads which the County has said is non-negotiable. Berryman confirmed that there will be money going to CR104 construction near the new high school. Speaker, Bill Sattler, said he served on the Road Bond Advisory Committee with Jack Noble when the "pieces were put together." He said it was pretty competitive for each precinct. He said the City of Georgetown, through GTEC and other methods, was providing more leverage or incentive than any other precinct in Williamson County. He said the projects were identified and put on a ballot. He said Georgetown was allocated a specific amount of money, and he wants to make sure Georgetown continues to receive their fair share. Nelon said the Council will make sure to take a firm stand to see that all of the money promised will be spent in the Georgetown area, but the City won't be able to tell the people that the Southwest Bypass will be built with priority and help from the outside. He said the main shift is going to the frontage road on the east side of IH35. Carr said this is a covenant between the County government and the voters. He said it's not the City's repsonsibility to "hold the County's feet to the fire." He said the Commissioners need to "face up to the voters." He said the Council needs to make sure the City gets its fair share of the money, because Georgetown citizens are going to pay for the bonds. He said it was the County that decided to make changes, not the City. He said he thinks it is the City's job to find some ways to fund the Southwest Bypass, in order to protect the downtown area. He said the first portion from SH29 to Leander Road needs to go forward. Smith said the City can't control the County, but should make it's voice heard. He said the Southwest Bypass is the main priority of the City. Snell asked how the Southeast One would be better off if the County had taken seriously the City's leverage and had participated. Briggs responded that with County participation, there would have been more funds to deal with issues such as grade level separations and widening to four lanes. He said without the County funding, there will be at -grade -level intersections, with the roadway itself being two lanes with a possible center turning lane and no elevated connections. Snell said he remembers that this Southeast One was always Number Two on the City's priority list, with the Southwest Bypass as Number One. He said after funding these two projects, the GTEC will be out of money for a good period of time, and the next County bond issue will not be for at least five years. He said he thinks what is built now will be there for the next ten years. He said members of GTEC have spent hours identifying projects and reading specifications. He said for someone to come in at the last minute and think they know what is required is insulting to the members of the organizations that have spent so much time determining priorities. He asked Briggs how the northern portion of the Southwest Bypass would have been done differently if the County bond money were still in place. Briggs described at least four lanes, but said it will be two lanes if done with just GTEC money. Snell said it was supposed by the County that there were environmental and drainage issues, but there is no way that would be known because the property owners would not allow the City to go on the property to see if there were any environmental issues. Snell said he has been lobbied to put priority on the frontage road, but he said the frontage road is not a priority, compared to the other roads that need to be constructed. Snell said the County decisions have done a lot of damage to the work done by the the City in preparing transportation improvement projects for the next ten years. Brandenburg noted that the intent of the Southwest Bypass was to get truck traffic off of SH29. Briggs said the State won't designate the Southwest Bypass as a state truck route, and it will remain two lanes. He said there will be conditions with the Innerlocal Agreement, and advised that any roads accepted by the City should be at City standard before being accepted. Nelon said the City will have to be very methodical and make economic decisions, when possible. Oliver clarified that the City has lost the ability to create a truck route because the County didn't contribute funding to Southeast One and TXDOT took away their funding. Briggs said TXDOT designates that truck traffic use SH29. He said the bypass was an attempt to get the truck traffic off of SH29, but because the County chose not to participate with funding the Southwest Bypass, the only chance is for the City to negotiate with the State to designate the Southeast One as a truck route when it is completed. He said it will be built better than the current state roadways are built. Sansing asked if the City will take over University and Austin Ave. Briggs said the City will eventually take over City Council Meeting Minutes/February 27, 2007 Page 6 of 9 Pages Austin Ave. Sansing said the City should take over University from TXDOT, pare it down to two lanes, and force TXDOt to build a bypass around the City. There was further discussion regarding the proposed Interlocal Agreement with the County. Motion by Smith, second by Oliver that the City Council expresses strong displeasure with Williamson County's decision to shift funds funding from because of the Southwest having to use Bypass to the frontage for roads. road. Sansing said along with voicing the City's strong displeasure, it should be know further that in no way would the City give its blessing to what the County is doing. Nelon noted that the County doesn't need the City's blessing. He said the City will need to look at the Interlocal Agreement on its own merit. He said the Commissioners are competing over the money, and he doesn't want the City to lose any of its fair share. Snell said he would like to see the County's proposal and react to that. Carr said he thinks the Council's displeasure will not make a difference to the County. He said the important issue is to examine and react to the Interlocal Agreement. Smith said he thinks its important to make the Council's displeasure known, not only to the County Commissioners but also to the citizens of Georgetown. Friendly Amendment Motion by Snell, to friendly amend Smith's motion that the City also expresses strong displeasure regarding the shifting of funds from Southeast One; and therefore, the City is displeased on more than one count. (The friendly amendment was accepted by Smith and Oliver.) Berryman said the new high school location is a new issue that wasn't originally planned for. She said some of the shifting of money has come about because of changes in the environment, such as the high school and the issues along the Southeast Loop. She emphasized that the City is still getting road projects from the County. Sansing said the County needs to step up to assist the situation with the school. Speaker, Bill Sattler, told Council that being on the School Board and the Bond Advisory Committee provided him with the knowledge that there are 81 buses that come out of the GISD Bus Barn every morning and go back in the evening, saying it was proposed as one of the slated projects on the Bond Issue, to make Highway 104 a four lane. He said GISD gave the right of way to the County to put the project in, and the same thing with SH29, where right of way will be given to the State for expansion of SH29. He said those were slated projects on the list that went before the voters in November. Eason said the financial implications are astronomical, and one of the things the City will lose is the use of the GTEC 2007-16. Approved funds for economic development because of having to use the funds for roads. 8:00 p.m. -- recessed 8:10 p.m. -- resumed EE Second Readings 1. Second Reading of an ordinance adding new Chapter 12.05 to the Georgetown Code of Ordinances relating to "Valet Parking" — Tom Yantis, Assistant City Manager Yantis explained the item and read only the caption of the ordinance on second reading. He said the dollar amounts were adjusted as per Council direction and an incentive was added to those vendors who service more than one location. Motion by Carr, second by Oliver to approve Ordinance 2007-15. Approved 7-0. 2. Second Reading of an Ordinance amending Georgetown Code of Ordinances Section 2.36.010 relating to the beginning and ending date of terms for City commissions, committees and boards; amending Section 2.36.070 relating to removal of members of City commissions, committees, and boards; and adding new Section 2.36.080 relating to the applicability of Chapter 2.36 to Economic Development Corporations -- Paul E. Brandenburg, City Manager Brandenburg read the caption of the ordinance on second reading, and read the changed wording. Motion by Smith, second by Eason to approve Ordinance 2007-16. Approved 7-0. 3. Second Reading of an Ordinance Annexing into the City 17.232 acres, more or less, in the Burrell Eaves Survey, for Sun City Neighborhood 61, located west of SH 195 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on second reading. Motion by Smith, second by Carr to approve Ordinance 2007-17. Approved 6-0. (Sansing off dais) FF Public Bearings/First Readings 1. First Reading of an Ordinance Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Level 3 and 4 and the Future Lend Use from Residential to Residential and Mixed Use for 205.38 City Council Meeting Minutes/February 27, 2007 Page 7 of 9 Pages acres in the I. Donagan"Survey (A-178), located on Vilest SH -29 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek explained the item, describing the area, saying this is for the Lowry tract, with two living units per acre which is consistent with the density and consistent with the wastewater plans for the area. He said the Planning and Zoning Commission conditional approval. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Snell, second by Eason to approve the ordinance on first reading. Approved 7-0. Polasek said this will not come back for second reading until the Development Agreement is available. 2. First Reading of an Ordinance Comprehensive Plan Amendment to change the Future Land Use from Business Park to Multi -Family and Residential for 95.5 acres in the James Patterson Survey, abstract 502, and the Francis Hudson Survey, abstract 295, located at 61455 Westinghouse Road -- Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services Ray asked to handle this item and the next one at the same time because they are the same property. He described both Items, and said staff is supportive of the zoning request and the land use amendment. He said the Planning and Zoning Commission unanimously recommended approval. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. Snell asked for clarification about private streets in Georgetown. Ray said the UDC allows for private streets. Snell clarified that the private streets will not be gated. Developer, Bob Richardson, planner for the applicant said the reason for the private street was to allow an option because it has not been determined what kind of residential product will be put on the site. He said there might be better flexibility according to the setbacks and he said that is also why they have asked for the PUD zoning because they don't know at this time what kind of product will be put there. Smith said he always thought of this area as industrial. Ray said staff was also concerned with the loss of the business park, but because of the proximity of MUD 15, Terra Vista, they could allow the land use change. Motion by Sansing, second by Berryman to approve the ordinance on first reading. Approved 7-0. 3. Public Hearing and First Reading of an Ordinance Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for 95.501 acres in the James Patterson Survey (A-502) and Francis Hudson Survey (A-295), located north of Westinghouse Road east of Park Central Boulevard -- Bobby Ray, AICP, Director of Planning and Development Services Ray read only the caption of the ordinance after having satisfied the requirements of the City Charter. The Public Hearing was opened at 8:24 p.m. There were no comments. The Public Hearing was closed at 8:24 p.m. Motion by Oliver, second by Carr to approve the ordinance on first reading. Approved 7-0. 4. Public Hearing and First Reading of an Ordinance Rezoning from AG, Agriculture district to PUD, Planned Unit Development district for 17.232 acres in the Burrell Eaves Survey, abstract 216, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Sixty -One -- Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services Maddox read only the caption of the ordinance after having satisfied the requirements of the City Charter. He said this rezoning applies to 55 single family units for Sun City east of Sun City Boulevard and the SH195 intersection. The Public Haring was opened at 8:26 p.m. There were no comments. The Public Hearing was closed at 8:26 p.m. Motion by Berryman, second by Sansing to approve the ordinance on first reading. Approved 7-0, GG Forwarded from the GUS Board 1. Consideration and possible action for the award of the annual bid for Hot Mix Asphalt to Heart of Texas Hot Mix of Temple, Texas, in the estimated amount of $441,000.00 — Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item, sayng the asphalt is to be used for maintenance and repair of streets. Motion by Sansing, second by Carr to approve the award of bid. Approved 7-0. 2. Consideration and possible action to approve a contract amendment with Dacon Ltd. for services related to the construction of the East Substation in the amount of $366,564.98 -- Mike Mayben, Energy Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item, saying at the time of the bid award, Council approved a contingency budget City Council Meeting Minutes/February 27, 2007 Page 8 of 9 Pages with approval needed for any change orders above $25,000. He said the GUS Board recommends approval, noting that this item is needed because of the change in the scope of work because of TXU changing something on their side. Motion by Smith, second by Carr to approve. Approved 7-0. 3. Consideration and possible action for the construction and purchase of electric distribution and transmission facilities related to the Chief Brady Substation expansion with Lower Colorado River Authority ("LCRA") to be used for dual feed service for Project Lonestar in the amount of $768,827.00 -- Mike Mayben, Energy Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item, saying the purchase of these facilities will allow the city to continue in the direction of the City pursuing ownership of its substation facilties. He said approval is recommended by the GUS Board. Motion by Sansing, second by Smith to approve the purchase. Approved 7-0. 4. Consideration and possible action to award the contract for the construction of the Austin Avenue Water Improvements to H. Deck Construction and to set a budget of $440,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying the GUS Board recommends approval of these waterline improvements that need to be done prior to the actual work to be done by TXDOT on Austin Ave. Motion by Carr, second by Sansing to approve the contract award. Approved 6-0. (Berryman off the dais) 5. Consideration and possible action to award the contract for the construction of the Austin Avenue Wastewater Improvements to Enviro Remediation, Inc. and to set a budget of $627,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying Enviro's bid was the only bid received. He said GUS Board recommended approval pending the recommendation letter from KPA Engineers. Sansing asked why the budgeted amount is higher than the contract amount of $577,865.00. Dishong said the City uses the higher amount for a budgeting target, because there is some degree of change, so if there is a change order, they would not have to come back to Council unless it exceeded $25,000. Sansing asked where the unspent money goes. Brandenburg and Dishong said it goes back into the Fund Balance. Motion by Carr, second by Smith to approve the contract award. Approved 6-0. (Berryman off the dais) HH Appointments 1. Consideration and possible action to reappoint Rick Smith and Henry Carr to the Georgetown Economic Development Corporation (GEDCO) Board; and reappoint Ron Shelly as Chair of the GEDCO Board -- Mayor Gary Nelon Motion by Oliver, second by Eason to approve the appointments. Approved 6-0. (Berryman off the dais.) 2. Consideration and possible action to appoint Ray Armour to the Georgetown Transportation Enhancement Corporation (GTEC) to fill a vacany that expires in February 2008, due to the resignation of Joe Savage and to reappoint Henry Boecker, Henry Carr, Ricki Salazar, and Gabe Sansing to the GTEC Baord -- Mayor Gary Nelon Motion by Eason, second by Snell to approve the appointments. Approved 6-0. (Berryman off the dais) 3. Consideration and possible action to appoint Peggy Moore from District 2, James R. "Deke" Davidson from District 4, and Rev. Robert Greene from District 5, to the Ethics Commission -- Mayor Gary Nelon Motion by Carr, second by Smith to approve the appointments. Approved 6-0. (Berryman off the dais) 8:39 p.m. adjourned The meeting was adjourned at 08:39 PM. roved ayor,kbary City Council Meeting Minutes/February 27, 2007 Page 9 of 9 Pages Attest