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
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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 --
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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.
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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
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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,"
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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
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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
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Page 7 of 7 Pages
The meeting was adjourned at 07:20 PM.
Attest:
Jessica Brettle