HomeMy WebLinkAboutMIN 04.14.2009 CC-RMinutes of the Meeting of the Governing Body
of the City of Georgetown, Texas Tuesday,
April 14, 2009
The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
George Garver presiding.
Council Present: Council Absent:
Keith Brainard, Gabe Sansing, Dale Ross, Ben Bill Sattler
Oliver, Pat Berryman, Patty Eason
Staff Present:
Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Jessica Hamilton, City Secretary;
Jim Briggs, Assistant City Manager for Utility Operations; Thomas Benz, Systems Engineering Manager;
Kimberly Garrett, Parks and Recreation Director; Robbie Wyler, Historic District Planner; Elizabeth
Cook, Acting Director of Community Development; Todd Terbush, Lieutenant; David Morgan, Police
Chief; Edward Polasek, Principal Planner; Tommy Garcia, Planner II; Micki Rundell, Director of Finance
and Administration; Judy Fabry, Administrative Assistant; Valerie Kreger; Planner II; Mark Miller,
Transportation Services Manager; Cari Miller, Tourism Manager;
Minutes
Regular Session - To begin no earlier than 06:05 PM
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
A Call to Order
Pledge of Allegiance
Comments from the Mayor
- Welcome and Meeting Procedures
- Presentation of Proclamation to Colin Paul
Mayor introduced Sansing and said he has had a long history in scouting. Sansing introduced Colin and
Preston and read the proclamation to the group. Sansing thanked the scouts for their heroic efforts and
gave them a souvenir pin from the Mayor and Council.
- Commendation to staff on meeting with Standard and Poor's
Mayor said staff had a meeting with Standard and Poor's, a bond rating entity. He said, the higher the City's
rating, the lower the rate of interest the City receives. He said staff made a presentation to the agency about
the City and he was amazed by the respect Standard and Poor's had for staff and the City of Georgetown
He said the respect has been earned by City staff over years of hard work Mayor congratulated the City
Manager for his and staffs fine work. Mayor asked and Brandenburg said the City will hear the results of
that presentation this week. Brandenburg thanked staff for their work and Mayor for his kind comments.
City Manager Comments
- The City will hold an election for the City Council seat for District 1 on May 9, 2009. The candidates for District 1
are Patty Eason and Ric Spencer. The incumbent Councilmember for District 5, Pat Berryman, is unopposed,
and will therefore be elected by acclamation.
City Council Meeting Minutes/April 14, 2009
Page 1 of 6 Pages
- The City of Georgetown is now accepting applications from eligible agencies for social service funding for the
City's 2009-10 fiscal year. For more information regarding the City's funding policy and funding guidelines,
please go to our website at www.georgetown.org or contact Shirley Rinn at 930-3723. The deadline for filing
applications is May 22, 2009.
- The 2009 Red Poppy Festival will take place on Saturday and Sunday, April 25 "=2d" in Historic Downtown
Georgetown. Bring your family to enjoy the weekend festivities, including a parade, an open car show, Arts &
Crafts booths, a children's area, lots of good food, and plenty of live musical entertainment.
Action from Executive Session
Mayor asked and Berryman said there is no action from Executive Session.
Public Wishing to Address Council
On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table
at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak
and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward
to speak when the Council considers that item.
On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the
City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the
subject matter of the topic they would like to address and their name. The City Secretary can be reached at
512/930-3651.
B - Jeff Ekrut of Pedernales Electric Cooperative (PEC) regarding update of PEC activities in Georgetown area
Nathan Burns, of PEC's new Liberty Hill Office, invited Council to visit their new facility. Burns said their
relocation efforts along Williams Drive are coming to a close and added he would like to offer a franchise check
to the City.
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
C Consideration and possible action to approve the minutes of the Council Workshop held on Monday, March 23
and the Council Meeting held on Tuesday, March 24, 2009 -- Jessica Hamilton, City Secretary
Brainard said, with regard to the minutes of March 23, he would like to withhold the motion on that set of minutes
and work out details with the City Secretary. Eason asked and Brainard said the minutes will come back to the
City Council at the next meeting.
D Consideration and possible action to adopt a resolution authorizing the City of Georgetown to participate in an
interlocal agreement with the City of Cedar Park, Texas for the purpose of participating in an Interlocal
Purchasing Cooperative Program -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance
and Administration
E Consideration of an award of the annual bid for janitorial supplies to Pollock Paper of San Antonio, Texas in the
estimated amount of $43,710.00 -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance
and Administration
F Consideration and possible action to approve a Resolution amending the City's authorized representatives for
the City's investment in the "TexPool" public funds investment pool -- Leticia Zavala, Controller and Micki
Rundell, Director of Finance and Administration
G Consideration and possible action to approve the amended Fiscal and Budgetary Policy to be used in
preparing the 2009/10 annual budget and to guide financial operations for the upcoming fiscal year-- Micki
Rundell, Director of Finance and Administration
H Consideration and possible action for the purchase and installation of door access and security camera
systems for City facilities from Convergint Technologies in the amount of $42,607.31 -- Terry Jones, Support
Services Construction Manager and Micki Rundell, Director of Finance and Administration
I Consideration and possible action to authorize a donation agreement between Golden Royal Hospitality, Ltd.,
City Council Meeting Minutes/April 14, 2009
Page 2 of 6 Pages
and the City of Georgetown for the donation of a 0.845 -acre tract of land for street right-of-way located along
Northwest Blvd -- Valerie Kreger, Principal Planner and Elizabeth Cook, Acting Director of Community
Development
J Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board
for approval of an allocation of $940.00 in Hotel Occupancy Tax (HOT) funds to the Williamson County
Historical Museum for assistance with advertising the 2009 Up the Chisholm Trail Event -- Cari Miller, Tourism
Manager
K Consideration and possible action to apply for the Edward Byrne Memorial Justice Assistance Grant in the
amount of $25,704.00 -- Todd Terbush, Lieutenant and David Morgan, Police Chief
Motion by Sansing, second by Brainard to approve the Consent Agenda in its entirety with the exception of the
minutes from Monday, March 23, 2009. Approved 6-0 (Sattler absent)
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
R Public Hearing and Second Reading on an Amendment to the Unified Development Code (UDC) to revise
Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments -- Robbie Wyler,
Historic District Planner and Elizabeth Cook, Director of Community Development
Wyler described the item and gave a quick history of this issue. Wyler read the six bullets that detail the changes
made to these particular sections of the Unified Development Code. He said a draft version of the Ordinance has
been provided to the City Council. Wyler read the caption of the Ordinance on second reading. He said staff is
in support of the approval of the Ordinance and noted the Planning and Zoning Commission also recommended
approval. Sansing mentioned a section regarding dwelling and Wyler reviewed the change of wording in that
section. Oliver asked and Wyler clarified the meaning of "subordinate."
Speaker, Renee Hanson, of 1252 South Austin Ave, said she was a member of the Task Force that worked on
the Ordinance. She said the group supports the revised Ordinance because it has more protections for the
surrounding neighbors and it is also more workable for bed and breakfast businesses. She noted the existing
Ordinance is too restrictive and added it has not been working for the neighborhood as envisioned She asked
that Council pass the Ordinance as presented on second reading. Motion by Ross, second by Sansing to
approve Ordinance 2009-18. Approved 6-0 (Sattler absent)
L Consideration and possible action to approve an Advance Funding Agreement (AFA) with the Texas
Department of Transportation (TxDOT) for Congressional Federal Earmark Funds in the amount of
$343,000.00 towards improvements to the intersection of Northeast Inner Loop and FM 971 -- Thomas R.
Benz, P.E., Systems Engineering Director, Jim Briggs, ACM for Utility Operations
Benz described the item and said the funding agreement will allow TXDOT to pass through the money from the
federal government. He noted they charge administrative costs and they estimate it at 5%. He said this
agreement sets up that relationship. Motion by Sansing, second by Oliver to approve the advance funding
agreement. Approved 6-0 (Sattler absent)
M Consideration and possible action for approval of Task Order No. SBE -09-002 with Steger Bizzell of
Georgetown, Texas, for professional services related to the preliminary engineering design and federal
environmental documents for intersection improvements at N.E. Inner Loop and FM 971 in the amount of
$40,200.00 -- Thomas R. Benz, P. E., Systems Engineering Director, Jim Briggs, Assistant City Manager for
Utility Operations
Benz described the item and said this is related to the previous item on the agenda. He said, since this a federal
project, the City must go through several federal requirements. Motion by Berryman, second by Sansing to
approve the task order. Approved 6-0 (Sattler absent)
N Consideration and possible action to approve a Resolution opposing HB 4441 relating to the authority of the
Railroad Commission of Texas to establish standards regarding certain pipelines and appurtenant facilities-- Jim
Briggs, Assistant City Manager for Utility Operations
Benz described the item and said this is legislation that ATMOS is proposing which would have the Railroad
City Council Meeting Minutes/April 14, 2009
Page 3 of 6 Pages
Commission review and have regulations over gas facilities in the Citys right-of-way. Motion by Sansing,
second by Oliver to approve the Resolution. Approved 6-0 (Sattler absent)
O Report and possible direction on partnership concerning 2010 Census -- Patty Eason, Councilmember District 1
Mayor said Eason requested that a representative of the Census Bureau walk the Council through various
responsibilities of the process. Speaker, Espada Simeon, introduced herself to the Council. Eason said, when
David Mendez spoke to Council about redistricting, he suggested that a Councilmember meet with a local Census
representative. She noted she asked Ms. Simeon to do a presentation to Council on local participation in the
Census, Simeon said she is the local Census' representative as well as the Census Bureau's Dallas Regional
Center liaison for the Texas House of Representatives. Simeon showed the Council a video called "National
Portrait of the 2010 Census."
With a PowerPoint Presentation, Simeon said the essence of the presentation is the 2010 Census is very
important in creating a portrait of Georgetown. She said it is important to conduct the Census in terms of
redistricting and distribution of funding. She said, the more accurate the Census count, the more likely the City
qualifies for funding. She described how the Census is organizing itself in Texas. She said there are many
partnership specialists and noted, in 2000, Texas responded at 64%. She said the Census is easy and there are
only going to be 10 questions on the survey. She noted it is important because it effects where the funding
dollars will go and it gives an accurate portrait of the Citys residents so they can be served appropriately. She
said the data is safe and confidential. She added the questionnaires will now be bilingual as well. She listed the
segments of the population that are hard to count. She said the Census would like to engage many entities and
there are several ways Georgetown can partner with the Census Bureau She noted the legislature is asking that
Georgetown step forward and appoint a Complete Count Committee for the 2010 Census. She said it is
important to let everyone know how safe, easy, and important the 2010 Census will be. She directed Council to
the Census Bureau's website.
Ross said homeless people are the most unrepresented group and asked about getting a complete count of that
particular population. Simeon said the Census goes to those Centers that the homeless population tend to
migrate to and take the count that way. She hopes the Complete Count Committee will address that particular
population. Sansing said a lot of the people who do not respond may be those that are here illegally or cannot
speak English. Simeon said citizenship status is not a concern in terms of counting every resident of the United
States for the Census. She said the higher the response rate, the higher the dollar ability. Oliver asked and
Simeon said a Census is a headcount of every single resident of the population. She noted the Bureau also has
statistical surveys that they conduct, but those are not used in gathering a head count.
Oliver asked how she gets a population count for the City of Georgetown when there is only a 73% response rate
for the Census. She said, this year, everyone will be mailed forms and, for those people who do not respond, the
Bureau will hand deliver the surveys. Oliver asked and Simeon spoke about address canvassing to make sure
all addresses and residences are counted. She said, once that list is cleaned up, the questionnaires are mailed
out. Oliver asked and Simeon said she would like for Council to eventually pass a Resolution She noted, the
most important thing to do in order to get an accurate count is to create a Complete Count Committee. Simeon
thanked Council and said that she will be available for questions. Simeon said there is a timeline and noted the
Complete Count Committee should be established by June. Motion by Oliver, second by Eason to direct the
City Manager and his staff to come back to the City Council with a recommendation. Approved 6-0 (Sattler
absent)
P Consideration and possible action to appoint an Acting City Attorney -- Paul E. Brandenburg, City Manager
Brandenburg introduced the item and said, for the period between City Attorneys, the Council will need someone
to review Ordinances, sign off on the form of contracts, and attend the Council meetings. He gave several
options to the Council. He said they could hire Art Rodriguez in the interim or hire the current City Attorney,
Patricia Carls, on a month-to-month basis. Oliver asked and Brandenburg said Art Rodriguez has worked with
the City on a landfill issue but the City would have to draw up another engagement letter with that firm for the
interim duties. Brandenburg said, with either option, an engagement letter would have to come back to Council.
Oliver asked and Sansing said Rodriguez was the Assistant City Attorney in the past Motion by Oliver, second
by Sansing to do a month-to-month contract with the City's current City Attorney.
Sansing asked and Brandenburg said the interim period could be about 60 days. Oliver said the new Attorney
would be brought on in July sometime. Brainard said July is worst-case scenario. Brandenburg said, after May
6, it is important to have someone on board for basic review of documents. Ross asked about the cost difference
between the Rodriguez and Carls firms. Brandenburg reviewed estimated costs from the Rodriguez firm and
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Page 4 of 6 Pages
noted he does not have costs from the Carls firm. Ross said he would like to see the estimated hours and costs
before he can vote on this item. Sansing said that is a valid point. Ross agreed an Attorney is necessary but the
Council needs a better idea of cost. Brandenburg said he will come back at a later meeting with cost estimates
for both firms. Oliver withdrew his motion. Oliver said he would like to know the costs as well as a history of the
municipal work for both firms. Motion by Berryman, second by Sansing to postpone the item to the next Council
meeting. Approved 6-0 (Sattler absent)
Q Second Reading of an Ordinance to adopt the Parks, Recreation and Trails Master Plan and the Trails and
Greenways Master Plan as the Parks and Recreation Element of the 2030 Comprehensive Plan -- Kimberly
Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services
Garrett read only the caption of the Ordinance on second reading. Motion by Berryman, second by Sansing to
approve Ordinance 2009-17. Approved 6-0 (Sattler absent)
S Public Hearing and Second Reading of an Ordinance on a Rezoning from RS, Residential Single Family to
C-3, General Commercial for 0.997 acres in the Hudson Survey, located at 5117 South Interstate Highway 35
-- Tommy Garcia, Planner II and Elizabeth Cook, Director of Community Development
Garcia described the item and read only the caption of the Ordinance on Second Reading. Motion by Sansing,
second by Berryman to approve Ordinance 2009-19. Approved 6-0 (Sattler absent)
T First Reading of an Ordinance adding Chapter 9.14 of the Georgetown Municipal Code of Ordinances relating to
graffiti and abatement of graffiti -- Todd Terbush, Lieutenant and David Morgan, Police Chief
Morgan said this Ordinance is an element of the City's graffiti program and he summarized the Ordinance. He
read only the caption of the Ordinance after having satisfied the requirement of the City Charter. Motion by
Sansing, second by Berryman to approve the Ordinance on first reading. Approved 6-0 (Sattler absent)
U First Reading of an Ordinance Annexing into the City for 0.73 acres, more or less, in the Burrel Eaves Survey,
Abstract 229, for Sun City Softball Field, located north of Sun City Boulevard and southeast of the Community
Gardens -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Acting Director of Community
Development
Polasek said the final three items are annexation items and said the second readings will be put on hold until the
corresponding development applications catch up. Mayor asked and Polasek said staff hopes to have the
second readings in May or June. He described this item and read only the caption of the Ordinance after having
satisfied the requirements of the City Charter. Motion by Berryman, second by Sansing to approve the
Ordinance on first reading. Ross asked and Carls reviewed the definition of'severability clause.' Approved 6-0
(Sattler absent)
V First Reading of an Ordinance Annexing into the City for 7.47 acres, more or less, in the Burrel Eaves Survey,
Abstract 229, for Sun City Softball Park, located north of Sun City Boulevard and west of State Highway 195 --
Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Acting Director of Community Development
Polasek explained the item and read only the caption of the Ordinance after having satisfied the requirements of
the City Charter. Motion by Sansing, second by Brainard to approve the Ordinance on first reading. Approved
6-0 (Sattler absent)
W First Reading of an Ordinance Annexing into the City for 184.91 acres, more or less, in the Barney C. Low
Survey, Abstract A-385, for Oakmont Crossing, located southwest of intersection of Westinghouse Road and
CR 116/Rabbit Hill Road -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Acting Director of
Community Development
Polasek described the area and read only the caption of the Ordinance after having satisfied the requirements of
the City Charter. Motion by Berryman, second by Sansing to approve the Ordinance on first reading. Brainard
asked and Polasek said the property to be annexed is currently vacant and the area will come in zoned as
agricultural. He noted it will be rezoned later. Approved 6-0 (Sattler absent)
Motion by Sansing, second by Berryman to adjourn. Approved 6-0
Meeting adjourned at 7:14 p.m.
City Council Meeting Minutes/April 14, 2009
Page 5 of 6 Pages
Adjournment
The meeting was adjourned at 07:14 PM.
Approved : Attest:
Mayor George Garver
City Council Meeting Minutes/April 14, 2009
Page 6 of 6 Pages
City Secretary Jessica Hamilton
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AUTHORIZING THE MAYOR TO SIGN THE
ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATED TO THE NORTH AND SOUTH AUSTIN
BRIDGES PROJECT.
WHEREAS, the Texas Transportation Commission passed Minute Order Number 114335,
authorizing the State to undertake and complete a highway improvement generally described
as reconstruct the North and South Austin Avenue bridges from 2nd Street to Morrow Street,
Georgetown, Texas called the "Project"; and,
WHEREAS, for the Project the term reconstruct includes replacement, rehabilitation,
preservation, protection, and/or anti-icing/deicing for bridges and tunnels on a public road; and
WHEREAS, as part of the administration of the Project, the Capital Area Metropolitan Planning
Organization, by resolution number 2014-11-4, awarded the City of Georgetown a total of
$1,299,174 in Surface Transportation Program Metropolitan Mobility (STP -MM) for the Project;
and
WHEREAS, in order to determine which alternative best serves the interests of the citizens of
Georgetown, the City supports a study of alternatives including the following (1) do nothing,
(2) alternative alignment, (3) maintenance, (4) rehabilitation/preservation and/or (5)
replacement through a public involvement process which is also a requirement of the National
Environmentally Policy Act (NEPA); and
WHEREAS, the STP -MM award by CAMPO, using the term reconstruct, may require the City
of Georgetown to submit to CAMPO a Transportation Improvement Project (TIP) amendment
in the Spring of 2017 based on the decision resulting from the range of alternatives undertaken
by the City of Georgetown; and
WHEREAS, TxDOT works with the Federal Highway Administration (FHWA) and other
federal agencies to comply with the National Environmental Policy Act (NEPA) and uses the
TxDOT environmental compliance process for state and local projects, where TxDOT is the state
approval authority;
WHEREAS, the Advance Funding Agreement between TxDOT and the City allocate funds
including a City contribution of $142,000 for the environmental review and is required for
TxDOT approval.
Resolution No. 03n A I l.o - I Page 1 of 2
Date Approved 3 0l?
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN TEXAS.
SECTION ONE. The facts and recitations contained in the preamble of this resolution are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim.
SECTION TWO. The City Council of the City of Georgetown finds it to be in the best interest of
the citizens of Georgetown to enter in the Advance Funding Agreement with the Texas
Department of Transportation related to the North and South Austin Avenue Bridges Project.
SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the Advance
Funding Agreement and the City Secretary to attest thereto, on behalf of the City.
SECTION FOUR. This Resolution shall become effective on the c�aday of n4-fi 2016.
PASSED AND APPROVED on the as day of MW c�s , 2016.
ATTEST: CITY OF GEORGETOWN, TEXAS
By: —dA
Shelley Nlin City Secre Dale Ross, Mayor
. ce��
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Resolution No. 0'25; -al ( p— L - Page 2 of 2
Date Approved —3 U