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HomeMy WebLinkAboutMIN 08.24.2010 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: 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; Mark Sokolow, City Attorney; Jessica Brettle, City Secretary; Micki Rundell, Chief Financial Officer; Jim Briggs, Assistant City Manager; Elizabeth Cook, Community Development Director; Valerie Kreger, Principal Planner; Laurie Brewer, Assistant Finance Director, Wayne Nero, Police Chief; Thomas R.Benz, Systems Engineering Director; Jordan J. Maddox, Interim Principal Planner; Terry Glasby Calhoun, Real Estate Services Coordinator; Glenn Dishong, Utility Director; Paul Elkins, Energy Services Manager; Mike Stasney, Utility Systems Information Manager; Kevin Russell, Director of Human Resources and Civil Service; Bridget Chapman, Assistant City Attorney; Keith Hutchinson, Public Communications Director; Regular Session a To begin no earlier than 06:38 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.) A Call to Order =12 Comments from the Mayor - Welcome and Meeting Procedures - Mayor noted the City Council is recruiting members for the Housing Advisory Board - one mortgage broker representative, one habitat for humanity representative, and one open seat. - Mayor introduced a boy scout to the audience and he presented him with a Georgetown pin. City Manager Comments End of Season Pool Schedule The outdoor pool season is winding down. For more information on which pools are open and for how long, please refer to the City's website at www.georgtown.orq. City of Georgetown offices will be closed on Monday, September 6, 2010 in observance of the Labor Day Holiday. These offices and facilities will include the following: City Hall Georgetown Municipal Complex Library City Council Meeting Minutes/ Page 1 of 8 Pages Municipal Court Parks and Recreation Administration Building Recreation Center Tennis Center Visitors Center There will be normal trash collection for City of Georgetown customers on Labor Day. For questions about trash collection, as presented call by Texas Disposal Micki Rundell, Systems at (512) 930-1715. -- The Central Texas Section of the American Planning Association recently awarded the City of Georgetown its Current Plan of the Year award for the City's Citizen Participation Plan. The plan was approved by Council in April and completed over a six-month period with a Council -appointed citizen advisory committee, made up of a diverse group of Georgetown citizens. It's goal was to establish some guiding principles and coordinate City efforts to encourage public participation on community issues. The Implementation Plan consists of a series of communication and outreach efforts, inter -departmental coordination and expanded opportunities for public input and involvement. The City will be considered for the statewide award in October. Action from Executive Session Motion by Ross, second by Gonzalez to direct the City Attorney to withdraw or non -suit the appeal and to release the evaluations with the redactions as suggested by the Attorney General in his letters dated August 23, 2010 and August 3, 2010. Approved 7-0 • •: • • ;• & • 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 - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. 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, August 10, 2010 -- Jessica Brettle, City Secretary D Consideration and possible action to initiate the 2010-2011 Annual Review of the Unified Development Code (UDC) by utilizing the existing UDC Task Force to develop recommended changes and amendments to the UDC rather than appointing a new UDC Annual Review Task Force -- Elizabeth A. Cook, Community Development Director and Valerie Kreger, Principal Planner E Consideration and possible action to approve a Resolution to accept the 2010 Tax Appraisal Roll for the City of Georgetown, as presented Transportation Enhancement by Deborah (GTEC) -- Micki Rundell, Hunt, Tax Assessor -Collector -- Micki Rundell, Chief Financial Officer F Consideration and possible action to approve a Resolution to approve the proposed 2010/11 Budget for the Georgetown Transportation Enhancement Corporation (GTEC) -- Micki Rundell, Chief Financial Officer G Consideration and possible action to approve an Administrative Services contract between the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the 2010/11 fiscal year -- Micki Rundell, Chief Financial Officer H Consideration and possible action to approve a Resolution to approve the proposed 2010/11 Budget for the Georgetown Economic Development Corporation (GEDCO) -- Micki Rundell, Chief Financial Officer Consideration and possible action to approve an Administrative Services contract between theCity of City Council Meeting Minutes/ Page 2 of 8 Pages Georgetown and the Georgetown Economic Development Corporation (GEDCO) for the 2010/11 fiscal year -- Micki Rundell, Chief Financial Officer J Consideration and possible action to approve a Resolution to approve the proposed Budget for the Georgetown Village Public Improvement District for the 2010/11 fiscal year -- Micki Rundell, Chief Financial Officer K Consideration and possible action to adopt a Resolution approving the issuance of a tax exempt financing by the Crawford Health Facilities Development Corporation for Georgetown Healthcare Community Services, Inc. -- Micki Rundell, Chief Financial Officer L Consideration and possible action to renew the current School Resource Officer contract between the Georgetown Independent School District and the City of Georgetown, Texas to include signatures of current officials -- Wayne Nero, Police Chief M Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible recommendation to award a contract to Flowers Construction Company, LP., of Hillsboro, Texas DBA Infrastrux T&D Services for the Electrical construction associated with the underground 25 kiloVolt(kV) feeders GE20/GE40 near the intersection of Churchill Farms and the rear entrance to St. Helens Catholic Church to a point on the north side of State Hwy 29. The amount of the Part B Electrical Construction is $30,057.98 -- Thomas Benz, Systems Engineering Director Motion by Sansing, second by Meigs to approve the consent agenda in its entirety. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: N Discussion and possible direction on amendments to the City Charter -- Paul E. Brandenburg, City Manager Brandenburg said there have been questions raised by Councilmembers regarding the process for Charter amendments. He spoke about the last Charter election, which was in May 2003. He said that process began in 2001 and noted they empowered a citizen's advisory group to review the Charter and recommend changes to the City Council. He said it is too late to put the charter election on the November ballot due to legal requirements from the State. He noted the next possible dates to hold a Charter election are the Spring or Fall of 2011. He said, since the Charter can only be changed every two years, the changes need to be more global and encompass the entire document. He spoke about the charter review committee. He said he and staff can work on a calendar for the Council in terms of what the process would be to get a charter election on an upcoming ballot. Sansing asked and Brandenburg said it is up to Council as to whether or not to appoint a citizen committee for the next charter amendment process. Brandenburg spoke about the committee and said it is good to include members from all different groups of the public. Brandenburg said his recommendation after last time is for the timeline to be shorter and to also continue with a citizen committee. Sansing suggested the City begin to put together another charter review committee and aim for a May 2011 charter election. Brandenburg said he could put together a calendar for the process. Motion by Sansing, second by Meigs to form a charter review committee and for the City Manager to work the date backwards and service plan has to put taken together a calendar for the process. Berryman asked and Brandenburg confirmed the committee will be made up of people from each district as well as staff members. Mayor said and Brandenburg confirmed the actual date of the election can float depending on the length of the process. Approved 7-0 O Public Hearing on the voluntary annexation into the City 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, AICP, Interim Principal Planner and Elizabeth A. Cook, Community Development Director Maddox said this is a required public hearing per State law for three small parcels of land in Sun City that were left off previously. He said the service plan has been taken care of. City Council Meeting Minutes/ Page 3 of 8 Pages Public Hearing was opened at 6:56 p.m. No person was present to speak. Public Hearing was closed at 6:56 p.m. No action was taken by the City Council. P Public Hearing and First Reading of an Ordinance for a Rezoning to amend a Planned Unit Development (PUD) District for 31.94 acres, known as The Summit at Rivery Park, being Lots 1-7, Block A, The Rivery Park Il, and Lot 2, Block A, Rivery Park, located on Rivery Boulevard -- Valerie Kreger, AICP, Principal Planner and Elizabeth A. Cook, Community Development Director Kreger said this is a request to amend the Summit at the Rivery park planned unit development (PUD). She said a PUD was done so they could accommodate design changes and regulations. She said, since that time, they decided to change the plan and add a ground level residential section which would take up a third of the project. She spoke about the plans for those residences. She said they also changed the general concept plan for the project. She noted the setbacks and heights are still the same. She said the upper story residential was allowed in some of the PUD up to 30% and she noted, with this proposal, they are increasing the residential limit to 75%. She said, with the report, staff is waiting on TIA verification. She said the analysis from TIA indicates there will not be an increase in traffic with the addition of this development. Kreger read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing opened 7:00 p.m. No person was present to speak. Public Hearing closed 7:00 p.m. McMichael, the applicant, showed Council a Powerpoint presentation describing the changes made to the project and the plans for the future of the development. She also spoke about the changes being made to the boundaries for the property's Tax Increment Reinvestment Zone. She provided the Council with the contact information for the developers of the project. Motion by Sansing, second by Eason to approve the Ordinance on first reading. Approved 7-0 Q Public Hearing and First Reading of an Ordinance on a Rezoning from AG, Agriculture District to PUD, Planned Unit Development District for 27.62 acres in the Foy Survey, to be known as Sun City Neighborhood Fifty-five, located south of the intersection of Cool Spring Way and Pedernales Falls Drive -- Jordan J. Maddox, AICP, Interim Principal Planner and Elizabeth A. Cook, Community Development Director Maddox described the item and said the Planning and Zoning Commission approved the item unanimously at their last meeting. He noted there was one comment, however, regarding a buffer between Woodland Park and Sun City. Public Hearing has been opened at 7:10 p.m. No person was present to speak. Public hearing was closed at 7:10 p.m. Maddox read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Gonzalez, second by Sattler to approve the Ordinance on first reading. Approved 7-0 R Public Hearing and First Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-3, General Commercial District, for 0.779 acres; from C-1, Local Commercial District to C-3, General Commercial District for 0.59 acres; and from C-1, Local Commercial District to AG, Agriculture District for 0.779 acres, to be known as the Village Gate at Sun City, located at the northeast corner of Williams Dr. and Del Webb Blvd -- Jordan J. Maddox, AICP, Interim Principal Planner and Elizabeth A. Cook, Community City Council Meeting Minutes/ Page 4 of 8 Pages Development Director Maddox described the item and said this is a cleanup rezoning based on a preliminary plat under the same name that is currently in process. He said the reason for the small acreage is due to a potential land swap in the works in that area. He said the rezoning will not change any of the conditions set by the City Council a few years ago. Sansing asked and Maddox said this item is for the rezoning and the plat will go to the Planning and Zoning Commission before coming to the council. Public Hearing opened at 7:13 p.m. No person were present to speak. Public Hearing closed at 7:13 p.m. Maddox read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Sansing asked and Maddox said this will not affect the Sun City Development Agreement. Sansing noted he does not want anything to be open to interpretation. Motion by Sansing, second by Gonzalez to approve the Ordinance on first reading. Approved 7-0 S Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible recommendation to authorize the purchase of a 20' permanent wastewater line easement (Parcel B42) and a 10' temporary construction easement adjacent thereto from Thomas D. Stipanovic, Paul D. Stipanovic, and Steve Pena, as Custodian on behalf of Karsen Stipanovic and Karli Stipanovic, in the amount of $68,560.00, plus closing costs not to exceed $2,000.00, in connection with the 2006 Annexation Utility Improvements Project. -- Terri Glasby Calhoun, GUS Paralegal and Thomas Benz, Systems Engineering Director Benz described the item and added it is an easement needed for a 2006 annexation project. Motion by Sattler, second by Gonzalez to approve the purchase. Approved 7-0 T Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible recommendation to approve a construction cost sharing agreement between the City of Georgetown and Lansdale Automotive, Inc. for a wastewater line extension related to the Lansdale Development in an amount not to exceed $74,578.20 -- Glenn Dishong, Utility Director Dishong described the item and said he understands there is a duplicate item later on the agenda that was added by the Attorney. He noted action on EE may enact this agreement. Sokolow noted this type of agreement should be approved by an Ordinance and said staff will pull this item from discussion and take it up with item EE. He added this can be done all tonight so that it can be signed tonight as well. U Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible recommendation for the award of the bid for Inspection and Groundline Treatment Services on GUS wood distribution poles to Osmose Utility Services, Inc., of Tyrone, Georgia in the amount of $55,500.00 -- Paul Elkins, Electric Operations Manager Elkins described the item. Motion by Sattler, second by Berryman to approve the award of bid. Approved 7-0 V Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible recommendation to approve Task Order KPA-10-006 with Kasberg, Patrick & Associates, LP of Georgetown, Texas, for professional services related to the San Gabriel WWTP Modifications in the amount of $147,760.00 -- Michael Hallmark, Project Manager Thomas Benz, Systems Engineering Director Benz described the item. Motion by Gonzalez, second by Meigs to approve the task order. Approved 7-0 W Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible recommendation to award a contract to Haegelin Construction Company, Ltd., of Austin, Texas, for the Civil construction associated with the underground 25 kiloVolt(kV) infrastructure for feeders GE201GE40 near the intersection of Churchill Farms and the rear entrance to St. Helens Catholic City Council Meeting Minutes/ Page 5 of 8 Pages Church to a point on the north side of State Hwy 29. The amount of the Part A Civil Construction is $275,849.00 -- Thomas Benz, Systems Engineering Director Benz described the item and said this will tie together the two substations as a contingency improvement. Motion by Sansing, second by Gonzalez to approve the contract. Approved 7-0 X Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible recommendation to approve Amendment No. 2 to Task Order No. MEI -10-004 with McCord Engineering Inc., of College Station, Texas, for professional services related to Unplanned Development Capital Improvement Projects that will increase the task order by $145,000.00 making the total of the task order $370,000.00 -- Thomas Benz, Systems Engineering Director Benz said this was also unanimously approved by the Georgetown Utility System Board and he described the item. He said this is related to development related projects and noted it will get the city through the next quarter. Motion by Meigs, second by Sattler to approve the amendment to the task order. Gonzalez asked and Benz described why this amendment was necessary. Benz said, originally, the City budgeted 30 projects but there are still 11 more in the works. He added the City is also looking into their fee infrastructure and connect fees. He said the development came quicker than anticipated. Sansing asked and Benz said staff has sent an RFQ to seek qualifications for engineers and get a prequalified list. Benz noted there is an electrical engineering position that will be posted soon as well. Sansing asked and Benz said that position will not be doing this work but they will be managing the project. Briggs said the City recently lost an electric engineer employee and it is very hard to find an engineer with that type of experience. He said, while the City was looking at other outside options, the City lost the engineer they currently had. He noted the City must fill one position before looking for another. Vote on the motion: Approved 7-0 Y Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible recommendation to approve Task Order HDR -10-002 with HDR Engineering, Inc. of Austin, Texas, for professional services related to impervious cover calculations and for process and ordinance review for the Drainage Utility in the amount not to exceed of $76,733.00 -- Mike Stasny, Utility Systems Information Manager and Thomas R. Benz, P.E., Systems Engineering Director Benz described the item and said this is to assist the City in reviewing the processes and approving upon the drainage utility. Sansing asked and Benz said this is covered under the current Master Services Agreement with HDR Engineering. Sansing asked and Benz confirmed the rates have been set within this task order. Motion by Sansing, second by Gonzalez to approve the Task Order. Ross asked and Benz said this is the best qualified firm available in the area. Approved 7-0 Z Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible recommendation to authorize a real estate Purchase Contract with Robert and Bonnie Molnar in the amount of $300,000.00, plus closing costs not to exceed $2,000.00, for the purchase of 1.64 acres of land and improvements for the construction, operation and maintenance of public road improvements in connection with the Southeast Arterial One Road Project -- Terri Glasby Calhoun, Real Estate Services Coordinator, and Thomas R. Benz, P.E., Systems Engineering Director Benz described the item. Motion by Sansing, second by Gonzalez to approve. Approved 7-0 Sansing noted this may seem like a lot of money for 1.6 acres, but added it also includes the purchase of their home AA Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible recommendation to authorize the deposit of $325,000.00 into the registry of the court pursuant to the Award of Special Commissioners rendered in Cause No. 10-0104-CC1, City of Georgetown vs. Roger E. Caluette and Patricia A. Caluette, et ai., in connection with the acquisition by condemnation of 11.99 acres of real property and improvements from Roger E. Caluette and Patricia A. City Council Meeting Minutes/ Page 6 of 8 Pages Caluette for the construction, operation and maintenance of public road improvements, plus Special Commissioners Fees in the amount of $900.00, in connection with the Southeast Arterial One Road Project. — Terri Glasby Calhoun, Real Estate Services Coordinator, and Thomas R. Benz, P.E., Systems Engineering Director Benz described the item. Motion by Sansing, second by Berryman to approve the item. Approved 7-0 BB First Reading of an Ordinance levying a tax rate for the City of Georgetown for the tax year 2010 -- Micki Rundell, Chief Financial Officer Rundell described the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the city charter. Motion by Ross, second by Gonzalez to adopt a property tax rate of $0.35622 of which $0.21987 will be for Maintenance and Operations and $0.13635 is for Interest and Sinking. Approved 7-0 CC First Reading of an Ordinance adopting the 2010/11 City of Georgetown Annual Budget for the fiscal year beginning October 1, 2010 and ending September 30, 2011-- the Micki ordinance Rundell, Chief reading after Financial having satisfied Officer is typical the Rundell described the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Ross, second by Berryman to approve the Ordinance on first reading. Approved 7-0 DD First Reading of an Ordinance amending 2.08.101 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Chief Financial Officer Rundell described the item and said this is a Charter requirement. She noted some clarification will be brought forward at second reading, but those changes will not affect the substantialness of the Ordinance. She read only the caption of the ordinance on first reading after having satisfied it is typical the requiremets of the City Charter. 7-0 Motion by Ross, second by Berryman to approve the Ordinance on first reading. Approved 6-1 (Sansing opposed) EE First Reading of an Ordinance pertaining to a developer participation agreement with Lansdale -- Mark Sokolow, City Attorney Sokolow described the item and read the entire Ordinance to Council. Dishong said the agreement provides for Lansdale Automotive to construct the necessary wastewater inceptor extension from the existing infrastructure to their site. He noted, upon completion of what the City would have done itself, the City would pay Lansdale for a portion of the cost of construction. He said the City is entering into an agreement because this was part of the 2006 annexation surface plan requirements for the Landry Tract, located to the north. Public Hearing was opened 7:36 p.m. No person was present to speak. Public Hearing was closed at 7:36 p.m. Motion by Sansing, second by Sattler to approve the Ordinance on first reading. Sansing asked and Dishong said staff started visiting with Lansdale back in December or January. He said he thinks it is admirable for Lansdale to do this and it is typical of a developer carrying their weight. Approved 7-0 FF First Reading of an Ordinance of changing the boundaries of Rivery Park Tax Increment Reinvestment Zone -- Micki Rundell, Chief Financial Officer Rundell described the item and said it is a companion Ordinance to the earlier Ordinance related to the Rivery Park PUD. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. City Council Meeting Minutes/ Page 7 of 8 Pages Motion by Ross, second by Sansing to approve the Ordinance on first reading. Approved 7-0 GG Second Reading of an Ordinance Ordering a Special Election to be held on November 2, 2010, 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" -- Mark Sokolow, City Attorney Sokolow read only the caption of the Ordinance on second reading. Motion by Ross, second by Gonzalez to approve Ordinance 2010-26. Approved 7-0 Council recessed to Executive Session under sections 551.071, 551.072, 551.074 and 551.087 -- 7:42 p.m. Council returned to Open Session -- 8:19 p.m. Motion by Ross, second by Satter to approve the recommendation of the City Attorney to hire Bridget Chapman as an Assistant City Attorney. Approved 7-0 Meeting adjourned 8:19 p.m. Adjournment The meeting was adjourned at 10:30 PM. Mayor George Garver giyi Secretary Jessica Brettle City Council Meeting Minutes/ Page 8 of 8 Pages