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HomeMy WebLinkAboutMIN 09.28.2010 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: ICouncil Absent: Gabe Sansing, Danny Meigs, Bill Sattler, Pat Patty Eason Berryman, Dale Ross, Tommy Gonzalez Staff Present: Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Brettle, City Secretary; Jim Briggs, Assistant City Manager; Micki Rundell, Chief Financial Officer; Elizabeth Cook, Community Development Director; Mark Miller, Transportation Services Manager; Edward G. Polasek, Transportation Services Director; Thomas R. Benz, Systems Engineering Director; Jordan J. Maddox, Interim Principal Planner; Rachel Osgood, Environmental Services Coordinator; Mike Peters, Information Technology Director; Terry Jones, Support Services Construction Manager; Travis McLain, Airport Manager Regular Session = To begin no earlier than 06:07 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 Comments from the Mayor - Welcome and Meeting Procedures City Manager Comments Brandenburg presented the City with an award for being designated as a Gold -Level Scenic City in the States of Texas. ,fiction from Executive Session There was no action out of Executive Session. 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. City Council Meeting Minutes/ Page 1 of 9 Pages B - Cynthia Thompson, President of the Friends of the Georgetown Symphony Society, regarding the grant the Society received from the Arts and Culture Board Thompson said she is delighted to provide Council with an update regarding a grant the Friends of the Georgetown Symphony Society received from the Arts and Culture Board. She said, as a result of the grant, the group was able to present a musical enrichment program to 4th and 5th graders from the Georgetown School District. She said this program featured two concerts that were performed this past Spring. She described those concerts. She said the concert also incorporated an engaging power point presentation to heighten the children's musical experience. She said there was a standing ovation by the full audience at the end of the concerts. She said FOGGS (Friends of the Georgetown Symphony Society) will be offering a second music enrichment program that will feature a popular French pianist. She noted, during these turbulent times, FOGGS was honored to receive these grants in order to present these programs to children in the community who may not have otherwise had the opportunity to experience these things. - Fred Kamp, regarding traffic issues at Mitchell Elementary School Kamp said he is there to represent the parents of children being endangered at Mitchell Elementary School. He said there is no school zone at the school and added County Road 110 has a 50 miles per hour speed limit right in front of the entryway of the school. He said he has recommended that there be a turning lane at the intersection of Inner Loop and County Road 110. He said that intersection gets crazy at the busiest times of the day. He added it causes people to pull out in front of semi trucks. He continued to describe traffic issue in that area. He said he does not understand why this was not taken care of when the school was built. He said the newspaper didn't get the situation exactly correct and added children are being endangered and are at risk. He said he was told that there were traffic counters on the street and added there were no counters. He said he was told that a light will not be put at that intersection because that road will be a cul-de-sac in the future. He noted he is just asking for a simple turn lane. - Francesca Carreno regarding flooding on E. 22nd Street Carreno said she is a senior citizen living with a disabled child and, if it wasn't for her neighbor, she would not have known that she was in such danger the night that the flood occurred. She said she asked her neighbor where they are going and she was told that they just needed to leave. She said she was so scared when she saw the water rising that she did not lock her house and when the neighbor went back to the house to retrieve her things, the water was already rushing out of the door. She said she just recently had surgery and she did not know what was going on and, had it not been for her neighbor's husband who took her by her hand and led her out, she does not know what would have happened. She thanked the Council for letting her speak. - Mary Calixtro regarding concerns with flooding on E. 22nd Street Calixtro said she is here because she is concerned with the flooding that happened. She said the rising water has happened before. She expressed her disappointment with the firemen that showed up at the neighborhood. She said there were 23 people and, of those people there were 5 children and 2 babies that were effected by the flooding. She said she is at a loss for words to expressed how concerned she is. She added, in this situation, she wishes the City would have had a plan. She said it seems there was no communication and added the fire fighters did not present them with information on where they could receive help. She spoke about the drainage problem behind their homes. She provided Council with some pictures she took after the flooding. She said she knows no one could have stopped the amount of rain that fell but she noted that the drainage can be improved. - Alma Hernandez regarding flooding in home in San Jose neighborhood Hernandez was not present to speak. - Ramona Navarrette regarding flooding issues in the San Jose neighborhood Navarrette said she had initially signed up to give her time to another person but noted she got so fired up that she needed to speak herself. She said, on the night of the flood, her son called her and asked her if she was washed away. She said she has known her neighbors for many years and added, when they told her what happened, she say this was like a little Katrina here in Georgetown. She said the Fire Department did not want to get in the water and help and she noted they made a comment to the ladies that they were going to get a boat. She said she thought, when the City went to single member district, their troubles would be over. She noted they are the poorest area of town, but said they also pay property taxes just like everyone else. She said City Council Meeting Minutes/ Page 2 of 9 Pages no one from City Council or the management of the City came to see about how people were doing over there. She said she just has to air this out and added she thinks they deserve better. - Jose Luis Rodriguez regarding concerns with flooding on E. 22nd Street Rodriguez said no one was expecting what could have happened when the flood occurred. He noted they have lost 90% of their personal items in the house. He said most people got hit pretty hard. He said it was 2:00 a.m. and, if it wasn't for his son and neighbor, he would be floating in the Gulf of Mexico right now. He said he wants to know if they have any hope for the future because he has a house there and he wants to fix it. He noted they have lost everything and added they are just trying to make it back. - Rose Mary Rodriguez regarding flooding on E. 22nd Street on September 8th, 2010 Rodriguez said most people affected by the flooding live on East 22nd Street. She said, on September 8, 2010 at 1:30 in the morning she was awakened by her neighbor and was pulled out of her house. She noted she went back in for their medicines and their dog. She added, what she had on her that night was all that was left. She said everyone collected on Maple Street and added there was a family that was a human chain helping each other out of their home. She said her husband is paralyzed and she called 911 and they put her on hold. She said the fire department finally came, stood there, watched everyone and did not do anything to help. She said, when the fire department was asked to get these people out, there was no acknowledgement of trying to help them. She noted they pay property taxes just like everyone else. She said she is tired of being ignored and added water is going to rise again. - Robert Fischer regarding drainage in San Jose neighborhood Fischer said he lives very close to the San Jose neighborhood. He said fortunately he only had half of an inch of rain in his home this time around. He said he knows this is an act of God, a 50 year event and noted it is difficult to control water. He said the only thing the City might be able to do is to improve drainage and added he is not sure how they can go about doing that. He spoke about his recommendations on how the City could improve the drainage in that area. Brandenburg said while the rain was an act of God, it is how you act in those type of situations that is important. He said it seems there was a breakdown there in terms of a response. He apologized for the way the City acted or didn't act that day. He said in the future, knowing that there are flood prone areas in the City, the department can have people in high risk flood areas ahead of time. He said the City is also looking into a reverse 911 system to where the City could notify people by phone in case of danger. He said, 15 inches of rain hit Georgetown, there were 100 homes affected by rain. He said there was one fatality and over 370 calls for service in a 3 hour period. He said the City will be looking at drainage issues in the area as well. He noted the City can not guarantee any type of reimbursement at this time but added if the President declares it a disaster area, FEMA will return in order to administer aid as well as public and private reimbursements. He asked that people save their receipts. He said, if he has to come to the citizens personally, he will let everyone know who they can contact for help. He said, if there is anyone in in your neighborhood with special needs, the City needs to know so the Fire and Police Department can respond to those people immediately in the event of an emergency. He apologized if the expectation was much higher than what the city was able to provide. He added that, if anyone needs to contact him, that they should do so and he would be glad to speak with them. Speaker, Fischer, said that people need to call the Red Cross for help and added they were able to help him. Speaker, Lorente Navarrette, said they would like to know who the City contact is. Brandenburg said there were people out there that day and added there is information on the webpage. He said to call 930-3723 and his Executive Assistant will give you all of the information you need. Berryman noted Kevin Stofle is the emergency operations manager who said, if FEMA does not come in, there are also loans that can enable folks to rebuild. Brandenburg said there are packages that were put together with all of this information. Gonzalez volunteered to put these packages together and take them to the neighborhood. Speaker, Rose Mary Rodriguez, said a lot of the problem is with the drainage over there and added they get runoff from everywhere. She noted there needs to be improvements made in the area. Mayor said they appreciate the comments and concerns and added the City will respond to those issues. City Council Meeting Minutest Page 3 of 9 Pages 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, September 14, 2010 -- Jessica Brettle, City Secretary D Consideration and possible action to approve a new Household Hazardous Waste (HHW) contract between the City of Georgetown and PA-jer Corporation, dba Williamson County Recycle Center (WCRC), of Georgetown, Texas, for the proper disposal of residential utility customers' HHW; in the amount of $28,000.00 -- Rachel Osgood, Environmental Services Coordinator, Ken Arnold, Director, Conservation and Environmental Services E Consideration and possible approval to purchase NetMotion communications software in the amount of $30,986 from Computer Discount Warehouse — Government (CDW-G) -- Mike Peters, Information Technology Director and Micki Rundell, Chief Financial Officer F Consideration and possible approval to purchase additional PC desktop and laptop computers, and Microsoft serverlPC software, in the amount of $30,000 from Dell Computer Corporation -- Mike Peters, Information Technology Director and Micki Rundell, Chief Financial Officer G Consideration and possible action to approve the purchase of two half ton pickups from Philpott Ford through the State of Texas Buyboard in the amount of $33,094.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Chief Financial Officer H Consideration and possible action to approve a request from Kent Holiday to assign his Airport Ground Lease at 207 Hangar Drive to Diver Air (Simon Diver) -- Travis McLain, Airport Manager and Paul E. Brandenburg, City Manager Motion by Ross, second by Sansing to approve the consent agenda in its entirety. Approved 6-0 (Eason absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: P Second Reading of an Ordinance on the voluntary annexation of 234.70 acres out of the Lemuel Walters Survey for Madison at Georgetown Section 1, located at 4565 SH 195, south of SH 195 and north of Sun City and Shady Oaks Estates Subdivision -- Jordan J. Maddox, AICP, Interim Principal Planner and Elizabeth Cook, Community Development Director Maddox described the item and said this is the second reading for the voluntary annexation for the Madison at Georgetown Section 1. He gave a summary of what has occurred so far with this voluntary annexation. He said there is a development agreement that goes along with this as well as a preliminary plat. He described those documents. He said, through some agreements and discussions with Shady Oaks residents and staff and added there were some agreements made for larger lots and a potential closing of a connection point for exchange for another on the property. He said he does not want to speak for the Shady Oaks residents, but it seems that some of the residents' concerns were addressed. He said he is not an expert on financial analysis, but noted the City ran the numbers and the results of the modal came back as a negative fiscal impact. He said the undeveloped land does not explain what would happen to the City if the land developed as planned. Rundell described the financial model that was used and noted it is is initially done as part of the involuntary annexation process. She noted the model shows the cost of providing governmental services to an annexed area, including police, fire, parklands and street maintenance. She said it is strictly a model and does not take into account the timing of the build out and added any residential development is not going to be self sufficient. She said a lot of Georgetown development is subsidized by having utilities because of its very low property tax rate. She said this particular development only has sewer and the City has annexed similar properties before. She said this is just an awareness to Council that there are costs involved in annexing this property. Maddox added, regarding the development agreement, sewer is being served to the development even though water and electric are not being provided. He said the plat and rezoning that have come in are in conformance with that agreement. He said this project could develop regardless of whether the City annexing or not as it is currently proposed. Speaker, Stanley Miller, said the newspaper article that was in the County Sun does not accurately represent City Council Meeting Minutes/ Page 4 of 9 Pages the feelings of a lot of people in Shady Oaks, especially people who are not a part of the homeowners association. He said, in about half of Shady Oaks, they are still under the developer who has been missing during a lot of this process. He said they were given some choices by the homeowners association. He described his lot and how it will be affected by the annexation. He said some residents said they felt they were thrown under the bus in this situation. He said he is not sure if this is a good thing for the City and added they would like it if the City could start servicing water to the area. Gonzalez asked and Miller confirmed Shady Oaks subdivision has a homeowners association that not all members are a part of. Speaker, Martha Thompson, thanked Council for the opportunity to speak tonight. She spoke about the old Georgetown/Florence public road near the Shady Oaks neighborhood. She said they are next to Shady Oaks and noted, if this is annexed, their property will be cut in two and spoke about the history of the land involved. She said in 1935, Williamson County purchased an easement to make and improve the road and the 195 highway. She noted the County claimed ownership of the old Georgetown/Florence road. She spoke about how their property was moved to this land in 1972. She said at the bottom page of the house deed it shows there is no judgement on Martha Thompson to strike the easement or road. She said they have always used this road and noted the road it is used by the Jarrell ISD school bus. She said everyone knows the 195 highway is the most dangerous road in the state of Texas. She described other ways in which the road is used. She said she agrees with Mr. Miller that the Shady Oaks subdivision has always had a problem with water service. She said they are concerned about Madison moving the existing driveway to 195 and added it is a public easement and has been since 1935. Speaker, Mary Wilson, said on behalf of the homeowners association in Shady Oaks Estates she would like to thank the Council members for giving them the opportunity to work with city staff and developers regarding this issue. She said they believe they have reached a compromise and, therefore, agree with the annexation of the Madison tract. She said she would like to speak to the issue brought up earlier regarding homeowners association throwing the other neighborhood under the bus. She said that did not happen and noted they tried to do the very best for everyone involved. She noted they would like to meet with staff and other parties and added there are more discussions that need to occur between the two subdivisions as well. She noted she thinks the residents are relatively happy. Speaker, Paul Lanahan, said he is the land planner and landscape architect for the Madison group. He said he is working with the County Commissioner to work out some of the closing of the streets in order to meet the neighborhood's needs. He said, as far as Martha Thompson's issue, there was a court case where the sisters of Clyde Thompson sold the land to the Madison group and there is an agreement that states they may close the easement between their home. He noted it is his understanding that Madison has offered to build a new driveway for the Thompsons, if needed. He said he knows that they own the land and added they have sent detailed information about that to the City. He said he has met with the City about the potential value of the project and noted they have worked out a detailed development agreement with the City. He said this is going to be about $680 million project. He added they should annex the property into their City because he is sure the City would want the tax base and would want to have some control of how this land should be developed. Maddox read only the caption of the Ordinance on second reading. Motion by Sattler, second by Ross to approve Ordinance 2010-37. Berryman made a friendly amendment that the developer work out an agreement with the landowners to make sure they have access to 195. Sattler did not accept the amendment. Sansing asked and Briggs said under the current rules of the CCN service areas, it would not be possible to swap service areas even if most of the residents want water from the City. Vote on the motion: Approved 6-0 (Eason absent) Discussion and possible action regarding an Entertainment Zone for the Downtown Square that would close Austin Avenue between 7th Street and 8th Street each weekend from October 1, 2010 through January 2, 2011 -- Paul E. Brandenburg, City Manager Brandenburg reviewed what was discussed regarding this item at the last meeting. He said there are still a couple questions that need to be addressed regarding notifying other business and the County to make sure there isn't a conflict with other events. He said they spoke about this being a City sponsored event and added he would like to recommend against that because it does not conform to the current policy. He added the cost would be about $7,800 a weekend. He said the total cost would be about $93,000 through January. He noted staff is ready to move forward with this if Council decides to do so. He noted he would be happy to meet with the people who would like to do this outside of a Council meeting as well. Speaker, Megan Demartino, said she owns Novita Spa on the Square and said she is the Events member of the City Council Meeting Minutes/ Page 5 of 9 Pages Downtown Georgetown Association (DGA). She noted she feels strongly about Georgetown and the square and it's growth. She said she moved here from Ft. Worth in 2004 to specifically build a spa on the square. She said they are passionate about Georgetown and added she wants to be a part of the solution and not the problem. She thanked Council for this opportunity and she said they appreciates the Council's sensitivity to all of this moving forward. Speaker, Eric Vissier, said he is the Vice President of the Downtown Georgetown Association (DGA) and has been so for two years. He said this is not an initiative that came from the DGA and said they have sought to enroll not only City staff but some members of the DGA in ownership of this. He said this is an experiment and, as such, they need to realize that this is not a commitment from now until eternity. He said the group has realized that they need to start somewhere. He noted there is a notion of dis-empowerment on and around the square but noted it does not have to be that way. She said the mere fact that the business owners are before the Council tonight, shows that they are not here to step on any toes. He said they want to enroll the political leadership in a vision they have to see what they can create. He said they would like to convey the possibility that there can be a meaningful impact of having a four sided walkable square. He said he would like to present them with the idea and possibility that there is something going on on the square each weekend. He said it is important to create some like this in the heart of the community. Ross asked and Vissier said no one can give Council a guarantee of success, but noted he can give them a picture of what success could be. Speaker, Judy Lester, said she and her husband have owned a successful business on the square for fifteen years and they have had a building on the square for nine years. She said she and her husband have served on boards and countless committees, all to help the vitality of downtown. She said they are concerned about these citizens that are wanting to have this entertainment zone and are asking the City for funding with a plan that has not been well thought out. She noted they have not communicated this issue to all of the merchants that will be affected. She noted they are supportive of downtown becoming an entertainment district but, but should the City choose to fund this group, it sends the message to other business owners that their opinions are not valued. She said she does not like the method this group has gone through in order to fulfill their purpose but added she does commend their efforts to put feet on the streets in downtown Georgetown. She urged Council to carefully consider the message they will send if they approve this initiative. Speaker, Paul Crown, said he owns part of a business on the square called BookPride. He said he recently participated in an event that was characterized as disobedient. He said he meant the event to say that downtown Georgetown means something to him. He said they raised some money and had a nine year old girl scout fly an American flag on the square on September 11th. He noted he and his family work, eat and shop downtown. He said he wants to speak on behalf of a downtown entertainment district. He said Georgetown has not suffered a massive layoff and there is no logical reason for economic slowdown in the area. He said he feels this recession is logical. He noted this group is trying to create a place where people outside of Georgetown can come visit Georgetown. Speaker, Larry Epp, said what is important is the idea of a district and wanting to create something beyond a mix and a mingle on the square. He said there are businesses on Austin Avenue that are supportive of this idea. He said the reorouting of Austin Avenue is parallel to the Master Plan recommended to the City in 2004. He said part of this is about creating an additional amount of volume on the square. He spoke about the benefits that this initiative will bring to the City. He said part of this is increasing the lure and lore associated with the community. He gave the days and hours and other details of the district. He showed Council a listing of events already in place in October. Brandenburg said he would like direction from Council regarding whether or not this should happen on October 8th and whether or not to gather information from the rest of the business owners, the museum and the County. Sattler asked and Brandenburg noted this would cost $7,800 per weekend. Sattler asked how many events will be occurring downtown in October. Epp showed the Council a list of events and said the ones noted in black are the ones that the group is bringing to the table. Mayor asked and Brandenburg said the $7,800 amount is not a solid amount for the weekend. Sattler asked and Brandenburg said Austin Avenue is usually not closed for these events. Gonzalez said bringing activity to the square is a great thing but noted he does have hesitations in that there are viable business owners that are expressing concerns. He asked why there is push back when this seems like a win-win situation. He noted, for this to be successful, all of the business owners need to be on board. Motion by Berryman, second by Sattler to approve of an entertainment zone and the shutting down of Austin Avenue for the weekend of the 8th -10th and then, when Council meets again on the 12th, the City can assess City Council Meeting Minutes/ Page 6 of 9 Pages how that weekend went. Berryman added to her motion that she wants to see if the weekend affects the business owners in a bad or good way. She said there is a cost involved and that needs to be considered as well as the closing of the road. She said she sees that having this one weekend can be a possibility. She also asked that Brandenburg examine the costs. Sansing said the Council has always been supportive of the square and added the Council can not do everything and noted businesses have to be self sustaining. He said tax payers should not subsidize businesses just because they are on the square. He said he can not support putting this amount of money into closing down the square during the weekend. He said, if you take the special-ness of the events away, then it becomes an every weekend normal event. He spoke about Austin Avenue being an emergency bypass road for Interstate 35. Ross said this is not an increase in this year's budget. Brandenburg agreed and said this would not put the City over budget in any way. Ross said he disagrees with Sansing and added the City needs to do what they can to help the square and added he plans on supporting this. Sansing he is always in favor of supporting the square but added he can not support spending $100,000 of taxpayer's money to do this. Meigs said his concern is by the lack of planning and added they are asking for failure by the short time span in which they are putting this together. Gonzalez said he would like to have this event but expressed his concern about when Austin Avenue is closed and how this will affect the traffic around the square. He said he wonders if the rerouting will bring people in or turn people away from the square. Berryman said her motion is to look at this for one weekend. She spoke to the group and noted you can't close Austin Avenue all day for a kid's pumpkin carving contest. She said she would like to have enough events to justify the entire street being closed down for the weekend. She said she does not think a pumpkin carving contest or a trick or treat hunt can justify disrupting the City for that amount of activity. She said the group needs to work with Brandenburg and the City to establish some solid plans and ideas for the future. Sansing asked, if this is to occur, that the traffic get rerouted to Main or Church instead of through the Ridge neighborhood. There was much discussion. Vote on the Motion: Approved 5-1 (Sansing opposed) (Eason absent) J Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a contract for the 2010 Street Asphalt Rehabilitation contract to Cutler Repaving, Inc. of Lawrence, Kansas, for an amount of $335,402.00 -- Mark Miller, Transportation Services Manager and Edward G. Polasek, AICP, Transportation Services Director Gonzalez off the dais. Miller described the item. He said this project was advertised and it is to resurface the streets that have asphalt at the end of its useful life. He said they have used this process for the past couple of years and it has been successful. He said the streets that will be treated have had new curbs put on recently. He said the City will be using its existing asphalt contract and he described the streets that will be given this asphalt treatment. Mayor asked and Miller said the money for this will be coming out of the general fund. Motion by Sansing, second by Sattler to approve the contract. Approved 5-0 (Gonzalez absent) (Eason absent) K Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible recommendation for the award of the annual bid for flexible base material, sand, rock and sandy loam to vendors Georgetown Transportation of Jarrell, Texas, Superior Crushed Stone of Jarrell, Texas, and Central Texas Stone of Florence Texas "by lot" in the estimated amount of $76,620.00 -- Mark Miller, Transportation Services Manager and Edward G. Polasek, AICP, Transportation Services Director Miller described the item and said this will provide the City with flex base rock and sandy loam to be used in the construction and maintenance of City streets. He said the companies had the opportunity to bid for this project and added GTAB passed this item unanimously at their last meeting. Motion by Sansing, second by Sattler to approve the award of bid. Approved 5-0 (Gonzalez absent) (Eason absent) L Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve Task Order No. KPA-10-007 with Kasberg, Patrick & Associates, LP, of Georgetown, Texas, for professional engineering services to develop rights-of-way alignment and acquisition documents and to complete plans, specifications and estimate for the realignment of County Road 104 south of proposed Southeast Arterial One in an amount not to exceed $68,775.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Edward G. Polasek, ACIP, Transportation Services Director Gonzalez returned to the dais. Benz described the item and said this is by SE -1. He said they met with the Lawhon family about this and noted this is a good solution for the City in that 104 will be able to tie into SE -1 at this point. He noted this will help the property owner gain access on the south side of his property. Motion by City Council Meeting Minutes/ Page 7 of 9 Pages Sansing, second by Berryman to approve the task order. Approved 6-0 (Eason absent) M Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Discussion and possible action of approval of a Task Order Amendment to Task Order HDR -09-001 with HDR Engineering, Inc., of Austin for Wolf Ranch Parkway -- Thomas R. Benz, P.E., Systems Engineering Director and Edward G. Polasek, ACIP, Transportation Services Director Benz described the item and said GTEC asked staff to look at a different road alignment in the area and said there was a $5,000 increase of cost to make sure there is no fatal flaws regarding environmental aspects or the drainage structure. He said this amendment is to do this and noted there is a cost of $30,000 and, depending on which alignment is selected, an amendment to adjust the cost will be made at that time. Sattler asked and Benz said they will have to determined whether or not the green version of the plan will need a bridge. Sattler asked and Benz said they switched from the red plan to green because the green will allow more retail to develop in that area. Sansing, as president of GTEC, said the green plan will create additional intersections that will be money well spent for the development of the community. Berryman asked and Benz said the end of the green line will connect to the road by Target. Motion by Sansing, second by Meigs to approve the amendment to the task order. Approved 6-0 (Eason absent) N Public Hearing and Second Reading of an Ordinance approving a change in the tariffs of ATMOS Energy Corporation, Mid-tex Division ("ATMOS"), as a result of a settlement between ATMOS and the ATMOS Texas Municipalities ("ATM") -- Jim Briggs, Assistant City Manager Briggs read the caption of the Ordinance on second reading. He said this is an Ordinance that will approve an agreement between parties regarding a rate request from ATMOS Energy. He said there were questions regarding whether or not there was prudent review of this. He described the review process for this request. He said he wanted to make sure that folks listening to this understood that there is a process by this and this wasn't something that came straight to the Council. He said the settlement would be effective October 1, 2010 of this year. He said ATMOS requested an increase of rates of approximately $70 million when they filed the request in April and the settlement called for the increase to be reduced to $27 million. He said much of the increase is going toward the replacement of service lines that was requested by the State. He said, if the cities were to fail to approve this and open a contest case, it would cost over $1 million in rate case expenses. He said there will then be no clear definition of what the outcome could be. He said, as a part of this settlement, it is asked that ATMOS file a general rate case on or before June of 2013. He noted this rate case will provide an opportunity to review all of ATMOS' expenses in a method that is clearly identified and structured by law. He said he wanted folks to clearly understand that this is about a reduction of 61 % of the original requested made by ATMOS. Berryman asked and Briggs explained what would happen if the City did not accept this settlement. Ross said and Briggs agreed the probability of success after suing ATMOS Energy is very small and that is why the City is going this way. Sattler asked Briggs said not all of the $27 million was required by the state. He said ATMOS came in with an original rate request in addition to the the request by the state. Sattler asked and Briggs said he does not think ATMOS will file another rate case until 2013 because of the cost associated with doing this. Public Hearing was opened at 8:22 p.m. No persons were present to speak. Public Hearing was closed at 8:22 p.m. Sansing said he is in agreement with this but noted one of his constituents called to complain about this and added he will have to vote against this item based on that conversation. Sattler noted he received three complaints from his constituents as well. Motion by Gonzalez second by Ross to approve Ordinance 2010-35. Approved 4-2 (Sansing, Sattler opposed) (Eason absent) O Second Reading of an Ordinance on the voluntary annexation of 0.291 acres out of the Daniel Monroe Survey, 15.732 acres out of the Frederick Foy Survey and Daniel Monroe Survey, and 3.101 acres out of the Frederick Foy Survey and Burrel Eaves Survey, in various locations in Sun City Georgetown -- Jordan J. Maddox, AICD, Interim Principal Planner and Elizabeth A. Cook, Community Development Director City Council Meeting Minutes/ Page 8 of 9 Pages Maddox explained the item and said this is a clean up annexation for three different parcels in Sun City. Maddox read only the caption of the Ordinance on second reading. Lotion by Sansing, second by Gonzalez to approve Ordinance 2010-36. Approved 6-0 (Eason absent) Q Second Reading of an Ordinance of the City Council of the City of Georgetown, Texas, ("City") pertaining to the November 2, 2010 Special Election for the purpose of seeking voter response to the proposition of "The Reauthorization of the local sales and use tax in the City of Georgetown, Texas at the rate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets", delineating polling locations and making such other findings and provisions related to the subject -- Mark Sokolow, City Attorney Sokolow read only the caption of the Ordinance on second reading. Motion by Sansing, second by Gonzalez to approve Ordinance 2010-38. Briggs took another opportunity to educate the audience on the item. With a Powerpoint presentation, he spoke about the quarter -cent sales tax election for street maintenance to be held on November 2, 2010. He showed Council a map of the community that has been positively affected by these funds. He showed Council the ballot language. He spoke about what would occur if this proposition is both approved or not approved. Vote on the motion: Approved 6-0 (Eason absent) R Second Reading of an Ordinance of the City Council of the City of Georgetown, Texas, ("City") pertaining to the 2003 Charter Election, making such other findings and provisions related to the subject -- Mark Sokolow, City Attorney Sokolow read the caption of the Ordinance on second reading. Motion by Ross, second by Berryman to approve Ordinance 2010-39. Gonzalez asked that, before this is sent to the Secretary of State, Council should receive a copy of the documentation as well. Sansing said he will have to vote against this item and added this was not requested by Council. Ross disagreed and said, when Councilmember Brainard was on Council, he had asked that staff look into the City's Charter, all policies and Ordinances. Approved 5-1 (Sansing opposed, Eason absent) Motion by Ross, second by Sansing to adjourn -- 8:34 p.m. e Mayor G City Council Meeting Minutest Page 9 of 9 Pages The meeting was adjourned at 08:34 PM.