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HomeMy WebLinkAboutMIN 11.23.2004 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 Farley Snell Carr, John Kirby, Ben Oliver__- �srr-.rar�n!� Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager; Patricia Carls, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Terry Jones, Purchasing Director; Kathy Ragsdale, Utility Office Director; Amelia Sondgeroth, Director of Community Development; Bobby Ray, Chief Current Planner; Ed Poiasek, Chief Long -Range Planner; Melissa McCollum, Development Planner; Carla Benton, Development Planner; David Munk, Development Engineer A Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline - E. 0. Sharp Butane Co., Inc. v. City of Georgetown, Texas, Cause No. A -04 -CA -299 -SS, in the United States District Court, Western District of Texas, Austin Division - Legal issues related to proposed MUD #15; Del Webb/Pulte Northern Lands - Legal Advice Regarding Agenda Items and other Matters B Sec.551.072: Deliberation on Real Property - Consideration and possible action concerning right-of-way acquisition for the proposed SH 29/Rivery connector road. C Sec.551.087 Economic Development - Discussion or deliberation regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City and with which the City is conducting economic development negotiations Regular Session D Cali to Order The meeting was called to order at 6:01 p.m. E Pledge of Allegiance Mayor Nelon led the Pledge. F Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. City Council Meeting Minutes/ Page 1 of 9 Pages - Announcement of one vacancy for a Downtown Property Owner on the fviain Street Advisory Board - Announcement of two vacancies on the Building Standards Commission for one Regular and one Alternate - Announcement of vacancy on the Civil Service Commission in December Mayor Nelon announced the vacancies. G Announcements and Comments from City Manager Brandenburg made the following announcements: - City of Georgetown offices will be closed for the Thanksgiving Holidays on Thursday, November 25 and Friday, November 26 - The City is recruiting members for the 2005 Boards and Commissions. Applications may be found on-line and tonight there is a stack of applications on the table at the front of the room. For more questions, please call City Secretary Sandra Lee at 930-3652. H Public Wishing to Address Council - Keith Peshak regarding pop quiz on the Fourth Amendment to the Constitution of the United States and its applicability in and outside the City of Georgetown metropolitan police jurisdiction Peshak asked "quiz" questions and gave answers. Action from Executive Session There was no Executive Session held at this meeting. 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. J Consideration and possible action to approve the minutes of the Council Workshop on Monday, November 8, the Regular Council Meeting on Tuesday, November 9, and the Special Council Meeting on Thursday, November 11 32004 -- Sandra D. Lee, City Secretary K Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended September 30, 2004 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Speaker, Keith Peshak, questioned the number of police vehicles owned by the City and asked to know who is using them. He said he has asked for that information as he was speaking to the Council at the last Council Meeting, and the City hasn't given him an answer. L Consideration and possible action regarding an agreement for records management services and approval for a not -to -exceed amount of $20,100 between the City of Georgetown and Eric Tanner -- Dennis Schoenborn, Director of Information Technology Eason asked and Schoenborn explained that the City used Eric Tanner to develop retention schedules for the City departments and he is thus familiar with the City records. M Council consideration and possible action to authorize the approval of the annual license renewal, system support, and software activation and hardware repair for the AMR Genesis and MVRS system between the City of Georgetown and Itron Incorporated, funds not to exceed $45,390 -- Michael W. Mayben, Energy Services Managerand Jim Briggs, Assistant City Manager for Utility Operations N Consideration and possible action to authorize the Mayor to execute an Amendment to the Microfusion Airport Land Lease at 302 Wright Brothers Drive, extending the Mandatory Construction Deadline to June 30, 2005 -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Speaker, Keith Peshak, said this item was confusing. He said he didn't understand what the Council would be accomplishing by approving this item. Motion by Carr, second by Kirby to approve the Consent Agenda in its entirety. Approved 6-0 (Snell absent) ME I• - • • - r City Council Meeting Minutes/ Page 2 of 9 Pages O Consideration and possible action regarding approval for a not -to -exceed amount of $50,000 for hardware purchases with Hewlett-Packard Company -- Dennis Schoenborn, Information Technology Director Schoenborn explained the item, saying the previous supplier is no longer providing the servers used by the City, so the City is requesting to purchase from Hewlett-Packard Company, saying the budget was approved to be spent with the former supplier, and this item asks for approval to transfer the budget to allow it to be spent with Hewlett-Packard. Kirby asked and Schoenborn explained that the Information Technology Department is not required to ask for bids on professional services. He said Catalog Information Systems Vendor (CISV) contracts with the State to provide the lowest price possible through the state contract, and as a municipality, the City is allowed to purchase through the State contract which guarantees the lowest price. Motion by Smith, second by Carr to approve. Approved 6-0. (Snell absent) P Consideration and possible action regarding approval for an increase in the not -to -exceed amount of $70,000 for hardware purchases and professional services with InterNetwork Experts -- Dennis Schoenborn, Information Technology Director Schoenborn explained the item and said this is the contractor who assisted the City with the Voice Over IP installation of the Cisco hardware. He said this item requests a transfer of designated funds from NTRC over to InterNetwork Experts. There were clarification questions from Council regarding soliciting bids from local vendors. Schoenborn noted that the complexity of the installation requires choosing a company that has worked with the City's system before, because this is the entire backbone of the City system. Sansing asked that the City try to use local people. Motion by Carr, second by Smith to approve. Approved 6-0. (Snell absent) Q Consideration and possible action to renew the contract with Dataprose, Inc as the City's vendor for utility bill printing and mailing services, and approve funding, at a cost of $142,650 for the year -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained the item, saying the City has used Dataprose since 2001 through InCode. She said research done this year suggested contracting directly with Dataprose. Motion by Smith, second by Oliver to approve. Approved 6-0. (Snell absent) R Consideration and possible action on an award of bid for pickups to Philpott Ford in the amount of $153,963.00 and for a sport utility vehicle to Rogers Dodge in the amount of $21,365.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Jones explained the item and told Council that he had received three bids. He said the vehicles being replaced are between eight and ten years old. He said local vendors were solicited but responded they could not be competitive and could not make the 60 -day delivery schedule. Speaker, Keith Peshak, took exception with an SUV being purchased for the City and reminded Council that he has asked for information from the City about the number of police vehicles at the City and who drives them. Smith asked if the finance director, tennis pro, and municipal judge have vehicles and Jones responded that they do not. Motion by Sansing, second by Kirby to approve. Carr said he called a local dealer in town who said he was under the impression that Philpott Ford had obtained a state contract which kept the local dealer from being able to be competitive. It was discussed that the local vendors would need to be able to supply state-wide in order to qualify as a state contract vendor. Approved 6-0. (Snell absent) S Consideration and possible action to approve a resolution expressing official intent to reimburse costs of capital replacement not to exceed $575,565 with proceeds from bonds that will be issued at a later time -- Micki Rundell, Director of Finance and Administration Rundell explained the item saying this is a reimbursement of the costs of fleet capital replacement. She City Council Meeting Minutes/ Page 3 of 9 Pages said the bonds would be issued in May. Motion by Kirby, second by Eason to approve. Approved 6-0. (Snell absent) T Consideration and possible action to authorize payment of the City's pro -rata portion of the cost of operation of the Williamson County Appraisal District, estimated to be $64,000 -- Micki Rundell, Director of Finance and Administration Rundell explained the item. Speaker, Keith Peshak, said the City suggested that the Appraisal District tax the people who lease hangar space at the Airport, which he says is against the law. Motion by Kirby, second by Carr to approve. Approved 6-0. (Snell absent) U Consideration and possible action on a Preliminary Plat for 28.73 acres in the Burrell Eaves Survey to be known as Shady Oaks Estates, Section 4, Phase 4 Subdivision, located west of SH -195 off Buena Vista Drive, with required waiver to the Unified Development Code -- Melissa McCollum, Development Planner, and Amelia Sondgeroth, Director, Planning & Development McCollum explained the item saying this is an extension of an existing subdivision. She said the Planning and Zoning Commission recommends approval of the preliminary plat. Eason asked if this is the final phase. McCollum said there could be additional phases. Sansing suggested that the developer be required to install conduit so that it would be possible to put in the lighting at the intersections later. Sondgeroth noted that there are proposed UDC amendments regarding that but it is not currently included. Motion by Sansiing, second by Eason to approve the Preliminary Plat, but require the developer to include the conduit. Approved 6-0. (Snell absent) V Consideration and possible action on a Public Review Final Plat for 20.051 acres in the C. Joyner Survey and John Sutherland Survey to be known as the Estates of Westlake, Phase 4A, located west of Highland Springs Lane, with a variance to the Subdivision Regulations — Carla Benton, Development Planner, and Amelia Sondgeroth, Director, Planning & Development Benton explained the item, saying this is a part of the previously approved concept plan for 14 lots. She said the Planning and Zoning Commission recommends approval consistant with staff recommendations. Motion by Kirby, second by Carr to approve the Public Review Final Plat. Approved 6-0. (Snell absent) W Public Hearings/First Readings 1. First Reading of an Ordinance amending the previous year 2003/04 Annual Operating Plan Element (Budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests, revenue collection rates, grants and project timing -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Rundell explained that this is the first reading corresponding to the information from the workshop last night. She read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Sansing to approve the ordinance on first reading. Approved 6-0. (Snell absent) 2. First Reading of an ordinance amending the City of Georgetown code of Ordinances relating to Chapter 8.04, "Fire Code" to provide for the adoption of the 2003 International Fire Code and make corresponding amendments; repealing Chapter 8.05, "Supplemental Fire Code," including provisions for the phasing in of the application of the 2003 International Fire Code; establishing a tri -annual review period; repealing conflicting ordinances and resolutions; including a severability clause; including a penalty clause; and establishing an effecive date -- David Hall, Director of Inspection Services and Tom Leggitt, Fire Marshal Hall explained the ordinance and read only the caption after having satisfied the requirements of the City Charter. City Council Meeting Minutes/ Page 4 of 9 Pages Motion by Smith, second by Eason to approve the ordinance on first reading. Approved 6-0. (Snell absent) 3. First Reading of an ordinance repealing the following existing Chapters of the City of Georgetown Code of Ordinances: Chapter 15.05, "Supplemental Building Code;" Chapter 15.09, "Supplemental Mechanical Code;" Chapter 15.10, "Supplemental Gas Code;" Chapter 15.13, "Supplemental Plumbing Code;" Chapter 15.24, "Housing Code;" Chapter 15.32, "Swimming Pool Code;" Chapter 15.38, "unsafe Building Abatement Code;" and Chapter 15.52, "Storm Water Drainage;" including a severability clause; and establishing an effective date -- David Hall, Director of Inspection Services Hall explained the ordinance and read only the caption after having satisfied the requirements of the City Charter. Motion by Sansing, second by Oliver to approve the ordinance on first reading. Approved 6-0. (Snell absent) 4. First Reading of an ordinance amending Chapter 15.16, of the City of Georgetown Code of Ordinances entitled "Electrical Code," to provide for the adoption of the 2002 National Electrical Code and to make other corresponding amendments relating to electrical licensing registration and electrical installation requirements; including provisions for the phasing in of the application of the 2002 National Electrical Code; establishing a tri -annual review period; repealing conflicting ordinances and resolutions; including a severability clause; including a penalty clause; and establishing an effective date -- David Hall, Director of Inspection Services Hall explained the ordinance and read only the caption after having satisfied the requirements of the City Charter. Motion by Carr, second by Sansing to approve the ordinance on first reading. Approved 6-0. (Snell absent) 5. First Reading of an ordinance amending the following Chapters of the City of Georgetown Code of Ordinances to provide for the adoption of the 2003 International Building, Fire, Existing Building, Property Maintenance, Plumbing, Mechanical, and Fuel Gas Codes: Chapter 15.04 "Building Code;" Chapter 15.08 "Mechanical Code;" Chapter 15.12 "Plumbing Code;" Chapter 15.20 "Gas Code;" Chapter 15.25 "Existing Building Code;" Renumbering the sections of Chapter 15 to implement these amendments; providing for the phasing in of the application of the 2003 International Building, Fire, Existing Building, Property Maintenance, Plumbing, Mechanical, and Fuel Gas Codes; establishing a tri -annual review period; repealing conflicting ordinances and resolutions; including a severability clause; including a penalty clause; and establishing an effective date -- David Hall, Director of Inspection Services Hall explained the ordinance and read only the caption after having satisfied the requirements of the City Charter. Motion by Sansing, second by Oliver to approve the ordinance on first reading. Approved 6-0. (Snell absent) Eason asked about property maintenance, and Hall read from the 2003 Property Maintenance Code which is adopted in this ordinance. There was discussion among the councilmembers regarding rental properties that are not up to Code on the inside and regarding uninhabited structures. Motion by Eason, second by Sansing to approve the ordinance on first reading. Approved 6-0. (Snell absent) 6. First Reading of an ordinance adopting regulations pertaining to the use, handling, transportation, and storage of liquefied petroleum gas; establishing that a violation shall constitute a misdemeanor offense with stated penalties; providng a savings clause; and repealing all ordinances in conflict -- David Hall, Director of Inspection Services Hall explained the ordinance and read only the caption after having satisfied the requirements of the City Charter. Motion by Eason, second by Kirby to approve. Approved 5-1. (Snell absent, Sansing opposed) 7. First Reading of an ordinance amending Section 8.04.055 of the Code of Ordinances pertaining to City Council Meeting Minutes/ Page 5 of 9 Pages above -ground tanks to revise certain provisions relating to the storarq�, use, transportation, and handling of liquid hazardous materials; providing a savings clause; and repealing all ordinances in conflict -- David Hall, Director of Inspection Services Hall explained the ordinance and read only the caption after having satisfied the requirements of the City Charter. Motion by Smith, second by Kirby 3 and said she to approve on first reading. Approved 6-0. 8. First Reading of an Ordinance of the City of Georgetown, Texas amending certain provisions of Ordinance No. 2003-07, now codified as section 2.111.030 of the City of Georgetown Code of Ordinances, pertaining to the purpose of the Animal Shelter Advisory Board; providing a conflict clause and severability clause; and setting an effective date — Tom Yantis, Assistant City Manager Hall explained the ordinance and read only the caption after having satisfied the requirements of the City Charter. Motion by Sansing, second by Carr to approve on first reading. Approved 6-0. 9. First Reading of an Ordinance to consider a Comprehensive Plan Amendment for 2,331.167 acres in the Fredrick Foy and Lewis P. Dyches Surveys to be known as the Cowan Springs development, located north and west of Sun City Georgetown, to amend the Future Land Use Plan from Residential and Williams Drive Mixed Use to Residential, Office/Retail/Commercial, Mixed Use, and Parks/Open Space and to amend the Intensity Plan from Intensity Levels 1 and 2 to Intensity Levels 3, 4, and 5 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Mayor Nelon recused himself from this item and left the dais. Mayor Pro Tem Doug Smith conducted the consideration of this item. Polasek explained the ordinance and read only the caption after having satisfied the requirements of the City Charter. Motion by Sansing, second by Kirby that the ordinance regarding the changes in Intensity Levels and to the Future Land Use Plan be approved, provided that, for second reading, the language recommended by staff be added to the ordinance so that it is clear that the approval of the amendments to the Century Plan are conditioned on an Agreement being entered into between the City and the Applicant relating to a development plan for the property, including a build -out schedule and specific land uses, land use controls, and specific design considerations, water and wastewater service by the City of Georgetown, annexation, and other items as the staff sees fit to add to that list, and that such an Agreement be brought back to Council for approval prior to June 30, 2005. Approved 6-0. Mayor Nelon returned to the dais. 10. First Reading of an ordinance to consider a Comprehensive Plan Amendment to change the Intensity Level from Level 3 to Level 4 for the Williams Addition, Unit 1, Block 1, Lot 9-10 and 0.36 acres in the Nicholas Porter Survey, located at 2201 Williams Drive -- David Munk, Development Engineer, and Amelia Sondgeroth, Director, Planning & Development Munk explained the ordinance and read only the caption of after having satisfied the requirements of the City Charter. Motion by Sansing, second by Carr to approve the ordinance on first reading. Eason said the intensity in the area around the development is at Level 3 and said she thinks the intensity is already maxed out. Approved 5-1. (Snell absent, Eason opposed) 11. Public Hearing to consider a rezoning of 307.85 acres in the Isaac Donegan and Joseph Thompson Suveys, from AG, Agricultural District to: RS, Residential Single-family; MF, Multifamily; and C-3, General Commercial Districts, to be known as Shadow Canyon Subdivision, located at 2651 S.H. 29 -- Bobby Ray, Chief -Current Planner, and Amelia Sondgeroth, Director, Planning & Development Ray explained the item, and noted to Council that the subdivision plat will be presented on the December 14 Council Agenda. He said that the Planning and Zoning Commission approves the rezoning. The Public Hearing was opened at 7:02 p.m. Speaker, Paul Linehan, representing Harvard Investments, said approximately 84 acres of the development will be open space. The Public Hearing was closed at 7:03 p.m. City Council Meeting Minutes/ Page 6 of 9 Pages 12. First Reading of an ordinance to consider a rezoning of 307.85 acres in the Isaac Donegan and Joseph Thompson Suveys, from AG, Agricultural District to: RS, Residential Single-family; MF, Multifamily; and C-3, General Commercial Districts, to be known as Shadow Canyon Subdivision, located at 2651 S.H. 29 -- Bobby Ray, Chief -Current Planner, and Amelia Sondgeroth, Director, Planning & Development Ray read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Carr to approve the ordinance on first reading. Approved 6-0. (Snell absent) 13. Public Hearing to consider a Rezoning of 3.986 acres in the Clement Stubblefield Survey, from RS, Residential Single -Family district to C-3, General Commercial district, located at north of Leander Road and west of IH -35 -- Bobby Ray, Chief -Current Planner, and Amelia Sondgeroth, Director, Planning & Development Ray explained the item. He said the site is completely landlocked and there is a proposal to extend the southbound frontage road to provide future access, but until that occurs, there will be no platting or development. He said the owner is requesting rezoning in order to market the property. Ray said, based on surrounding uses and the future land use plan, staff is supportive, and the Planning and Zoning Commission recommends approval. The Public Hearing was opened at 7:06 p.m. There were no comments. The Public Hearing was closed at 7:06 p.m. 14. First Reading of an ordinance to consider a Rezoning of 3.986 acres in the Clement Stubblefield Survey, from RS, Residential Single -Family district to C-3, General Commercial district, located at north of Leander Road and west of IH -35 -- Bobby Ray, Chief -Current Planner, and Amelia Sondgeroth, Director, Planning & Development Ray read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Kirby, second by Sansing to approve the ordinance on first reading. Approved 6-0. (Snell absent) 15. Public Hearing to consider a Rezoning of 65.036 acres in the Burrell Eaves Survey from AG, Agriculture district to PUD, Planned Unit Development, to be known as the Planned Unit Development of Sun City Georgetown, Assisted Living Center, located on Sun City Boulevard east of Neighborhood Twenty -Six -- Melissa McCollum, Development Planner, and Amelia Sondgeroth, Director, Planning & Development McCollum explained the item, saying it will be a 300 -bed facility, constructed in three phases. The Public Hearing was opened at 7:09 p.m. Speaker, Todd Jantzen of Del Webb Corporation, spoke to Council about the difference in the width of Sun Ciy Boulevard. He asked for a 10 -foot median instead of 18 -foot. There were questions from Council. Steve of Gentry Development read a statement saying they will design a center that is an extension of the existing Sun City and in keeping with the Sun City aesthetics. McCollum Smith clarified that Gentry Development will operate the Center. Jantzen noted they plan to break ground in May, 2005, and be open for business in 2006. The Public Hearing closed at 7:13 p.m. 16. First Reading of an ordinance to consider a Rezoning of 65.036 acres in the Burrell Eaves Survey from AG, Agriculture district to PUD, Planned Unit Development, to be known as the Planned Unit Development of Sun City Georgetown, Assisted Living Center, located on Sun City Boulevard east of Neighborhood Twenty -Six. Melissa McCollum, Development Planner, and Amelia Sondgeroth, Director, Planning & Development McCallum explained the item and said that staff is in agreement with reducing the median and will change the language in the ordinance for second reading. McCollum read only the caption of the City Council Meeting Minutes/ Page 7 of 9 Pages ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Carr to approve the ordinance on first reading with staff making the language change. Oliver asked and McCollum responded that when the plat is approved, Sun City Blvd. will have to be extended. Approved 6-0. (Snell absent) 17. Public Hearing on an ordinance providing for the annexation into the City of 5.24 acres in Joseph P. Pulsipher and Clement Stubblefield Survey, located approximately .75 miles west of IH 35 and north of State Highway 29 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Polasek explained that this is the second public hearing on the Chapman property just east of Hacia Los Lobos and it is planned to be a commercial development. The Public Hearing was opened at 7:17 p.m. There were no comments. The Public Hearing was closed at 7:17 p.m. 18. Public Hearing on an ordinance providing for the annexation into the City of 5.04 acres in Joseph P. Pulsipher Survey, located approximately .75 miles west of IH 35 and north of State Highway 29 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Polasek explained that this is the second public hearing on the other piece of Chapman property. The Public Hearing was opened at 7:18 p.m. There were no comments. The Public Hearing closed at 7:18 p.m. X Forwarded from Georgetown Utility System (GUS) Board 1. Consideration and possible action to approve the contract renewal of the Annual Electric Utility Services Agreement between LCRA and GUS Electric in an amount not to exceed $150,000 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item. He noted that the GUS Board approved 7-0. Motion by Smith, second by Carr to approve the renewal of the contract. Approved 6-0. (Snell absent) 2. Consideration and possible action to approve the renewal of the contract between the City of Georgetown and ElectSolve Technology Solutions and Services, Incorporated to provide AMR System Data Services in an amount not to exceed $56,000 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Mayben explained that ElectSolve Technology has been the vendor for three years. He said they are quick responders for assistance and available on a 24-hour basis every day. He said the GUS Board approved 7-0. Motion by Smith, second by Kirby to approve the renewal of the contract. Approved 6-0. (Snell absent) 3. Consideration and possible action to award the bid for Electric System Right -of -Way Clearing Services to National Tree Expert Company, Inc. in the amount of $162,800.00 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item. He said the RFP was sent to 12 bidders, including small shops in the Central Texas area, and the only responder was National Tree out of Burnet. He said smaller companies don't have the resources, and larger companies are busy working on the damaged areas in the eastern U.S. Motion by Kirby, second by Carr to approve. Approved 6-0. (Snell absent) 4. Consideration and possbile action to award contracts to Shelton and Shelton and F&L Concrete Services and to approve the budget for parts 1 and 2 of the Phase 11 EARZ Rehabilitation project in the amount of $747,200.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item. He said this contract will be for the repairs on the second phase of the project, saying the City has worked before with F & L Concrete Services. He said the GUS Board approved 7-0. Motion by Sansing, second by Smith to approve. Approved 6-0. (Snell absent) 5. Consideration and possible action to authorize staff to negotiate a contract with the recommended firm Kasberg, Patrick and Associates, L.L.P. to provide engineering services related to the Pavement Condition Surveys on the City's roadway insfrastructure, in an amount not to exceed $120,000.00 -- City Council Meeting Minutes/ Page 8 of 9 Pages Tom Benz, Engineering Services Manager and Jim Briggs, Assistant ,.,y Manager for Utility Operations Benz explained the item. He said an RFQ was sent to 40 firms, but only six proposals were received. He said this contract negotiation passed 7-0 at the GUS Board. Motion by Smith, second by Kirby to approve. Approved 6-0. (Snell absent) 6. Consideration and possible action to approve Change Order No. 1 to the contract between H. Deck Construction Company and the City of Georgetown in an amount not to exceed $100,000.00 for Airport Road Rehabilitation -- Tom Benz, Engineering Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Benz explained the item saying the City is working with the County. Motion by Kirby, second by Sansing to approve. Approved 6-0. (Snell absent) Y Appointments 1. Consideration and possible action to appoint the following citizens to the unified Development Code Technical Subcommittee to review height changes in the Downtown Overlay District: Renee Hanson, Johnny Anderson, Chris Damon, Richard Cuttz, and Rick O'Donnell -- Mayor Gary Nelon Nelon explained the item. Motion by Kirby, second by Oliver to approve the appointments. Approved 6-0. (Snell absent) 2. Consideration and possible action to approve a resolution re -appointing certain members of the Board of Directors of the Wolf Ranch Tax Increment Reinvestment Zone and clarifying term requirements -- Tom Yantis, Assistant City Manager Yantis explained that the original members were appointed almost one year ago and recommended that the two that had drawn one-year terms be reappointed to two-year terms, those members being Ron Swain and Gabe Sansing. Motion by Carr, second by Oliver to approve. Approved 6-0. (Snell absent) 3. Consideration and possible action to approve a resolution appointing the Board of Directors of the Downtown Tax Increment Reinvestment Zone --Tom Yantis, Assistant City Manager Yantis explained the item and named Farley Snell as Chair and being appointed for service of two years, Henry Carr for service of one year, Bryant Boyd, for one year and Micki Rundell and Tom Yantis for two years. Motion by Sansing, second by Smith to approve the appointments. Approved 6-0. (Snell absent) 4. Consideration and possible action to appoint Gabe Sansing as the City of Georgetown Representative to the Capital Area Planning Council of Governments (CAPCOG) -- Mayor Gary Nelon Nelon explained the item. Kirby asked and Nelon explained the activities of CAPCOG. Kirby asked that Sansing report back to the Council regarding CAPCOG. Motion by Smith, second by Carr to approve the appointment. Approved 6-0. (Snell absent) Appr}ved 5 --P"Nlayor"bary Nylon City Council Meeting Minutes/ Page 9 of 9 Pages The meeting was adjourned at 07:33 PM. Attest: s` City Secretary Sandra Lee Meeting 'Date 11" Agendn No. buA STATE OF TEXAS ) CONFLICT OF INTEREST AFFIDAVIT COUNTY OF WILLIAMSON ) reside at f i e.` } am a member of the i i l � � � (City Council or name of City board, committee or commission)of thetity of Georgetown, and I hereby make this affidavit and on my oath state the following: "I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. "I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable). A. "Substantial Interest" I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity. I or a person related to me in the first or second degree have an ownership of $15,000 or more of the fair market value of the business entity. I or a person related to me in the first or second degree received funds from the business entity in excess of 10% of my/his/her gross income for the previous year. $2,500 or more. I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. B. "Economic Interest" I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. C. "Other" For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason) "Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation, discussion and voting involving the matter identified in the above -referenced agepda item whatsoever. Further, Affiant sayeth not." Affiant's Signatur` :,' <:�, \ Printed Name:Lr` JI-10elov BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN TO AND SUBSCRIBED before me on this /W day o p LEE. aaa.`7 rer ¢s SANDRA D. LE . O �Cf �zElpir �°it`rf., {toil aCaP Notary Public in and for the State of Texas County of Williamson THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING. IF AFFIANT HAS CHECKED ANY OF THE ITEMS UNDER SECTION "A" RELATING TO "SUBSTANTIAL INTEREST," A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARY FOR Conflict of Interest Affidavit Rev. 8/25/2004