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HomeMy WebLinkAboutMIN 04.26.2011 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Patty Eason, Gabe Sansing, Danny Meigs, Bill Sattler, Pat Berryman, Dale Ross, Tommy Gonzalez Council Absent: All Council Present Staff Present: Paul E. Brandenburg, City Manager; Jessica Brettle, City Secretary; Mark Sokolow, City Attorney; Jim Briggs, Assistant City Manager; Laurie Brewer, Finance Director; Elizabeth Cook, Director of Community Development; Bridget Chapman, Assistant City Attorney; Jordan Maddox, Principal Planner; Trina Bickford, Purchasing Manager; Robert Fite, Fire Chief; Glenn Dishong, Utility Director; Carla Benton, Planner 11; Mike Elabarger, Planner III; Dave Hall, Director of Inspections and Building Official; Valerie Kreger; Principal Planner; Lorie Lankford, Controller; Regular Session - To begin no earlier than 06:06 P (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.) Comments from the Mayor . Welcome and Meeting Procedures . Presentation of Proclamation in honor of Faith in Action Caregivers' 10th Anniversary Celebration Gamer presented the proclamation to Rita Handley, of Faith and Action Caregivers, in honor of their 10th Anniversary and proclaimed April 26, 2011 "Faith in Action Caregivers Day." Handley thanked the City for their funding and she invited everyone to come to their Choral Concert on Thursday. She noted the concert is their major fundraiser each year. - Presentation of Proclamation in honor of National Preservation Month Garver presented Connie Watson with a proclamation in honor of May being named National Preservation Month. Watson said they are doing a photography contest where people can take pictures of historic places and turn them into the museum to be eligible for prizes. City Manager Comments May 14, 2011 Election Mandatory Water Restrictions City Council Meeting Minutes/ Page 1 of 7 Pages There was no action out of 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 - Neil Cochran regarding the City's dog ordinance Cochran said he has been a resident of Georgetown for 22 years and stands in objection of the dog ordinance regarding sterilization. He said he would like to start with the section on definitions, which is 7.01.010. He spoke about section 3 regarding running at large by any domestic animals and the fact that it excludes domestic house cats. He said his dog got out twice in three and a half years and was considered by the City to be habitual and, because of that, it was enforced to him that his dog must be spayed. He noted they are now compliant and his dog has been spayed. He said, for the past 2 and a half years, he and his wife have sought a mate for their dog to breed it. He said they no longer have the goal of breeding his dog. He spoke about how he does not think his dog is habitual if it got out twice in over three years. He said, because of the statement about cats, dog and dog owners are not treated equally by this law. He said the animal ordinance violates a fundamental American law. He said, as a private breeder, he has been damaged by the Ordinance. He added in his research, no surrounding areas has a sterilization Ordinance. He said, during the town he has been going through this, Shelley Nowling and Evelyn McLean have been the only persons who have helped him. He spoke about the situation and his efforts to contact City staff and talk to them about their problem. He said they spayed their dog on March 30, but added they have still been charged a fine by the Municipal Court. He said he would like his money returned. He made a few comments about how he was treated poorly at the animal shelter. He said, if there is ever a committee formed to take a look at this dog ordinance, he would like to volunteer be on that committee because he believes there needs to be a differentiation between responsible pet owners and irresponsible ones. He said the Ordinance needs to be changed and would welcome the opportunity to help make that change. Mayor and Brandenburg spoke about having the City Manager to work with staff and the Animal Shelter Advisory Board to review the Ordinance and then come back to Council with further information and possible changes. - Kerstin Cochran regarding the City's dog ordinance Kerstin Cochran yielded her three minutes to her husband, Neil Cochran. 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 Workshop and Regular Council Meeting held on Tuesday, April 12, 2011 -- Jessica Brettle, City Secretary D Consideration and possible action to appoint Clare Easley, as Commissioner -In -Training, to the Historic and Architectural Review Commission -- George Garver, Mayor E Consideration of the 2030 Comprehensive Plan Annual update Report -- Jordan Maddox, Principal Planner and Elizabeth Cook, Director of Community Development F Consideration and possible action to approve a Resolution authorizing the City of Georgetown to participate in an Interlocal Agreement with the City of North Richland Hills, Texas for the purpose of participating in an Interlocal Purchasing Cooperative Program -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer G Consideration and possible action to purchase 27 sets of Fire Personal Protective Clothing from Casco Industries for the price of $58,936.20 as part of the Interlocal agreement with the City of North Richland Hills -- City Council Meeting Minutes/ Page 2 of 7 Pages Robert Fite, Fire Chief H Consideration and possible action to approve Task Order No. TCI -11-001 with Terracon Consultants, Inc. of Austin, Texas, for the professional engineering services related to Construction material testing and inspection for the Lake Water Treatment Plant Phase 111 in an amount not to exceed $40,000.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Glenn Dishong, Utility Director Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Ezell Construction of Buffalo, Texas, for construction of sidewalks along FM 1460 between Austin Avenue and Quail Valley Drive in the amount of $88,275.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Edward Polasek, AICD, Transportation Services Director Motion by Sansing, second by Gonzalez to approve the consent agenda with the exception of item D, which was pulled from the agenda. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: J Public Hearing and possible action to approve a Special Use Permit for 179 acres in the W. Addison Survey, for the development of an additional governmental facility for the Williamson County Emergency Operations Center, located at 1821 Inner Loop -- Carla Benton, Planner II and Elizabeth Cook, Director of Community Development (action required) Benton described the item and said the Unified Development Code requires that a Civic Use in an AG district request a special use permit with approval by the City Council. She referred Council to an Exhibit which shows the conceptual plan for the development. She said this is a 179 acre tract that includes the juvenile detention center, the advocacy center and the animal shelter. She said the proposed development will be central to the 17 acres. She said the existing uses were developed prior to the requirement for the special use permit. She said they will be required to have a site plan, building plans and certificate of occupancy to complete their process. She said there were 46 notices sent to surrounding property owners and no comments were received. She said the Planning and Zoning Commission recommended approval of the permit. Public Hearing was opened at 6:29 PM. No persons were present to speak. Public Hearing was closed at 6:29 PM. Motion by Sansing, second by Berryman to approve the special use permit. Approved 7-0 K Public Hearing and First Reading of an Ordinance for a Comprehensive Plan Amendment to add new Vision Statements in conjunction with the 2030 Comprehensive Plan Annual Update -- Jordan Maddox, Principal Planner and Elizabeth Cook, Director of Community Development (action required) Maddox described the item and said this is adding some new vision statements to the 2030 Plan. He spoke about how the new statements were created. He said staff felt that these new statements were necessary. He added they have added statements for the utilities, for transportation, the airport and public safety. Maddox read the vision statements for utilities that is not included in the packet that was provided to Council. Maddox read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 6:32 PM. No persons were present to speak. Public Hearing was closed at 6:32 PM. Motion by Sansing, second by Gonzalez to approve the Ordinance on first reading. City Council Meeting Minutes/ Page 3 of 7 Pages Sansing said he is glad to see the section about sustainable fuels. He noted this issue has been very important to the Council in recent years. Approved 7-0 L Public Hearing and First Reading of an Ordinance on a Rezoning 1.01 acres from C-1, Local Commercial District, to C-3, General Commercial District, in the Stubblefield Survey, Abstract 558, to be known as Speedy Stop, located at 1006 Leander Road -- Mike Elabarger, Planner III and Elizabeth A. Cook, Director of Community Development (action required) Elabarger described the item and showed Council a map of the area that is being rezoned. He said the applicant's intention is to rezone the nearby area for an expansion and redevelopment of the current gas station and convenience store. He noted the C-3 zoning will allow for the applicant to have ten gas pumps compared to the eight they are allowed currently. He said there was an opposing speaker on this at the Planning and Zoning meeting regarding safety on Leander Road and how a larger gas station may mean to traffic on Leander. He noted staff is recommending approval and added it passed with a 4-2 vote at the Planning and Zoning Commission meeting. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing opened at 6:36 PM. No persons were present to speak. Public Hearing closed at 6:36 PM. Motion by Meigs, second by Berryman to approve the Ordinance on first reading. Berryman asked and Elabarger said this new zoning district they are requesting does not have a limit on the number of pumps nor the configuration of those pumps. Berryman asked and Elabarger said, on a very sketch site plan, the owner has expressed there would be approximately 20 pumps with 10 pump stands. He added the applicant has not submitted a site plan at this time. He said there would be new entrances from Leander Road to a better entrance farther west. Meigs asked and Elabarger said a transportation study was not a requirement for the zoning request but it will be a requirement when the site plan is submitted. Sansing spoke about the need to improve traffic flow through that area. Briggs spoke about the future plans and efforts to improve the traffic flow and access to that area. Berryman spoke about how this will be improving the area in that the entrance will be moved further from the highway intersection. She added she thinks they will be improving the area in that the entrance to the Page House will be improved as well. Elabarger said the applicant could redevelop the property even if this rezoning is not approved, but they will be limited to the number of pumps they are allowed. Sansing asked and Elabarger stated the placement of the driveway that is planned will be discussed when the site plan is submit. Gonzalez asked and Elabarger said the general feeling of the concerns expressed was that this was going to be something like a truck stop. He noted the applicant has said this will not be designed to be a truck stop in that truck stops are designed much differently to allow for the larger trucks. Sattler asked and Elabarger said the Planning and Zoning Commission members who voted against this did not make any particular comments against it. There was much discussion regarding the preliminary plans for the property expansion and development. M Discussion and possible action to appoint additional members to the City's Americans with Disabilities Task Force -- Paul E. Brandenburg, City Manager and Dave Hall, Director of Inspections and Building Official (action required) Brandenburg reviewed the past action on this issue and said, on April 12, Council approve the creation of this task force to put together a transition plan. He spoke about the members who were approved. He said there are three additional members appointed to the board and he listed those members and their backgrounds. He noted there were three additional people recommended for the Task Force and said they are Karen Fagan, Chris Spence and Nancy Krenek. He gave a brief background in each of those recommendation and said he will asked the first two if they are interested and, if one his not, he will ask Ms. Krenek if she is interested. Sansing asked and Brandenburg said the goal is to develop a transition plan to bring the City into compliance with the ADA laws. He described the various ways the City could use this committee. Sansing said he does not know these people but added he should try to get people who have actual experience with these issues and who are certified in the rules and guidelines of the Americans with Disabilities Act on the task force. Berryman City Council Meeting Minutes/ Page 4 of 7 Pages said she has a hope that they address students as well. There was much discussion. Motion by Meigs, second by Berryman to approve the item. Approved 7-0 N Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to the apparent low bidder, Joe Bland Construction, LP, of Austin, Texas, for the construction of Rock Street Extension & Austin Avenue Congestion Mitigation Project in an amount of $512,204.25 -- Thomas R. Benz, P.E., Systems Engineering Director and Edward Polasek, AICP, Transportation Services Director Polasek described the item and said the map of the project is up on the screen. He spoke about the two phases of the project. He said the first phase will be the Rock Street extension south of Morrow behind the Sonic and the second phase will be to modify Austin Avenue. He said the item was approved unanimously by the GTAB Board. He said the only unallocated cost in this project is an easement and some microsurfacing and striping costs. He noted those items will come back to Council as a change order. Berryman asked and Polasek said this project will reconfigure the intersection by the Sonic. Brandenburg said this will alleviate some of the turning lane issues in the area. Berryman asked and Polasek explained the access to the Sonic business after the project is completed. Motion by Berryman, second by Gonzalez to approve the item. Approved 7-0 O Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve Task Order No. KPAA1-006 with Kasberg, Patrick & Associates, LP of Georgetown, Texas, for the professional engineering services related to developing Pavement Condition Indices, Five Year Capital Improvement Program for the roadways, and to provide Program Management in an amount of $361,800.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Edward Polasek, AICP, Transportation Services Director Polasek said this is the GASB 34 inventory of City streets where staff does the pavement condition index every three years. He said the goal for the City's pavement condition is 85 and added the index has consistently been much higher than that. He continued to explain the project. Motion by Sansing, second by Meigs to approve the item. Sattler asked and Polasek confirmed this is KPA's sixth contract with the City. Bickford said a listing of all of the contracts over the past year will be on the next purchasing report provided to the Council. P Discussion and possible action to approve a Resolution amending the 2010/11 GTEC Budget for additional economic development projects using fund balance for Snead Drive and 100 Austin Avenue -- Laurie Brewer, Finance Director and Micki Rundell, Chief Financial Officer Brewer described the item and said GTEC approved additional projects that were not originally included in their 2011 budget, including monies for Snead Drive and Austin Avenue projects. She noted there was a public hearing done at their April 20, 2011 meeting. Motion by Sansing, second by Gonzalez to approve the Resolution. Gonzalez said that, at GTEC, it was said that the budgeted amount could be an up to $945,000 amount but it could be much less than that. Sattler asked and Brewer said GTEC sets aside a certain amount of sales tax revenue for economic development projects. Q First Reading of an Ordinance of the City Council of the City of Georgetown, Texas, amending the Code of Ordinances as follows: Chapter 2.36 "City Commissions, Committees and Boards," Chapter 2.48 "City Planning and Zoning Commission," Chapter 2.49 "Zoning Board of Adjustment," Chapter 2.50 "Historic and Architectural Review Commission," Chapter 2.56 "Airport Advisory Board," Chapter 2.64 "Building Standards Commission," Chapter 2.68 "Georgetown Convention and Visitor's Board," Chapter 2.69 "Main Street Advisory Board," Chapter 2.72 "City Library Board," Chapter 2.100 "Economic Development Advisory Board," Chapter 2.104 "Parks and Recreation Board," Chapter 2.108 "Youth Advisory Board," Chapter 2.109 "Utility Systems Advisory Board," City Council Meeting Minutes/ Page 5 of 7 Pages Chapter 2.111 "Animal Shelter Advisory Board," Chapter 2.112 "Arts and Culture Board," Chapter 2.113 "Georgetown Transportation Advisory Board," and Chapter 2.116 "Housing Advisory Board," Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date -- Bridget Chapman, Assistant City Attorney; Mark Sokolow, City Attorney; Rachel Saucier, Assistant City Secretary; Jessica Brettle, City Secretary (action required) Chapman said this is the first step for the bylaw amendment project that was presented to Council at the last meeting. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. (Motion by Meigs, second by Gonzalez to approve the item. Berryman asked and Chapman said changes can be made at the second reading of the Ordinance if Berryman wants to do so at the next meeting. R Second Reading of an Ordinance amending the Unified Development Code (UDC) Chapter 2 "Review Authority", Chapter 3 "Applications and Permits", Chapter 4 "Zoning Districts", Chapter 6 "Residential and Agricultural Zoning Districts: Lot, Dimensional and Design Standards", Chapter 7 "Non -Residential Zoning Districts: Lot, Dimensional and Design Standards", Chapter 9 "Off -Street Parking and Loading", Chapter 11 "Environmental Protection", and Chapter 16 "Definitions"; repealing Chapter 8 "Landscaping and Buffering"; and adding a new Chapter 8 "Tree Preservation, Landscaping and Fencing -- Valerie Kreger, AICP, Principal Planner and Elizabeth A. Cook, Community Development Director (action required) Kreger read only the caption of the Ordinance on second reading. She went over some of the changes to the amendments that were made since the last meeting. Speaker, Dennis Perz, said he and his group supports the passage of these amendments. He said the process represents the coming together of people with many different background to discuss these issues and suggest changes to the Ordinance. He praised Cook and her team for efficient, productive and professional leadership. He said he encourages the City leadership to consider the importance of the urban forester. He said the group sees that position as an important technical part of this process. Motion by Berryman, second by Sansing to approve Ordinance 2011-14. Approved 7-0 S Second Reading of an Ordinance amending the 2010111 Annual Operating Plan Element (Budget) due to conditions that resulted in excess fund balance at the end of fiscal year 2009/10, and projects related to May 2011 Certificates of Obligation (CO) Bond issue, and adjustments related to funding for the Arts, Equipment purchases, Fuel costs, Employee pay and Staff adjustments; appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith -- Lorie Lankford, Controller and Laurie Brewer, Finance Director (action required) Lankford described the item and said these items and amendments were discussed in detail at the last Council Workshop. She read only the caption of the Ordinance on second reading. Motion by Gonzalez, second by Meigs to approve Ordinance 201145. Sattler asked and Brandenburg explained the bonus system for the Council and how only those staff members with meets or exceeds ratings receive the bonuses. He said, as things happen throughout the year and if a staff member's performance is not up to a certain standard, the Directors and Department Heads will be accounting for that. He noted, as part of their mid -year review, documentation must be made for performance that is substandard. He said those employees would not be eligible for bonuses. Sansing reiterated that he feels it is still too premature to be spending this kind of money. T Second Reading of an Ordinance amending Section 10.16,035 and Section 10.16.040 Parking Restrictions (action required) -- Mark Sokolow, City Attorney Chapman read the caption of the Ordinance on second reading. She noted this Ordinance will lessen certain City Council Meeting Minutes/ Page 6 of 7 Pages parking restrictions around the downtown area to allow for additional parking to alleviate the problem with the County parking being closed. Motion by Sansing, second by Berryman to approve Ordinance 2011-16. Brandenburg mentioned that this is for a trial period of six months as well. Approved 7-0 Approved R IN City Council Meeting Minutes/ Page 7 of 7 Pages The meeting was adjourned at 07:20 PM. Attest: Jessica Brettle