HomeMy WebLinkAboutMIN 05.25.2010 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:
George Garver, Patty Eason, Danny Meigs, Bill
Sattler, Pat Berryman, Dale Ross, Tommy
Gonzalez
Council Abse
.•-
Staff Present:
Rachel Saucier, Assistant City; Paul Brandenburg, City Manager; Jim Briggs, Assistant City Manager;
Mark Sokolow, City Attorney; Travis McClain, Airport Manager; Eric Lashley, Library Director; Randy
Morrow, Director of Community Services; Thomas R. Benz, Systems Engineering Director; Edward G.
Polasek, Principal Planner; Elizabeth Cook, Community Development Director; Mark Miller,
Transportation Services Manager
ITIMMA• •170139=33• t• • • • -
Regular Session -1'o begin no earlier than 06:00 PIVI
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
A. Call to Order
Pledge of Allegiance
Comments from the Mayor
- Welcome and Meeting Procedures
City Manager Comments
The City of Georgetown is now accepting applications from eligible agencies for social service funding for the
City's 2010-11 fiscal year. For more information regarding the City's funding policy and funding guidelines,
please go to our website at www.georgetown.org or contact Shirley Rinn at 930-3723. The deadline for filing
applications is May 28, 2010.
All pools will be open Memorial Day weekend (Saturday, Sunday, and Monday). Regular Summer hours will
begin Wednesday, June 2, 2010. Please check the City's website at http://aguatics.georgetown.org for more
information regarding pool availability and hours.
City Council Meeting Minutes/
Page 1 of 7 Pages
The 2010 Festival of the
Arts will take place
May 29 -June 6, 2010.
For
more details, please contact the
Georgetown Symphony
Society at 639-0433
or visit their website at
and
http://www.gtownfestival.org/schedule.htm]
Action from Executive Session
Mayor Pro Tem Ross introduced the Motion to authorize the City Manager and the City Attorney to prepare a
purchase contract of approximately 20 acres on D.B. Wood Ranch Road from Mueller Family LP#1 for
$1,533,534.16 as to be approved at the next council meeting as denoted in the letter of intent.
Motion by Ross, Second by eason, Approved 6-0, (Sansing absent).
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. - John Marler regarding the Georgetown Winery Initiative
Marler moved to Georgetown based on the City's reputation and has recently been appointed to a City board
charged with identifying ways to improve the historic downtown district. Marler has been working with Mark
Thomas, the Economic Development Director, to find ways to bring opportunity to the City. Marler noted
resistance to relocation in Georgetown because of the City's dry status. Marler indicated his research on
Georgetown's dry status, and he uncovered a previous effort called the Georgetown Winery Initiative. Marler
identified the goal to place an item on this November's ballot regarding the Initiative and that the effort to
collect names on the petition to place an item on the ballot has begun. Marler continued that this will be a
paradigm shift for city and by welcoming businesses such as those affected by the wet/dry status, the City can
be made recession proof.
Marler concluded his comments and asked if Council had any questions while noting his hopes to have
enough signatures within 3 weeks.
Garver clarified that this initiative is for collecting signatures to place an item on the November ballot.
Sattler asked and Marler responded that the petition can be signed at The Georgetown Winery, the activity
and social center in Sun City, and volunteers will be block walking the precincts. Marler continued that this
manner of collecting signatures is a new method compared to the last time the Initiative was underway.
Berryman
asked
and Marler responded that
the
requirements for signing this Initiative petition include
residency
within
the Georgetown City limits
and
must be eligible to vote for the Mayor.
Gonzalez asked and Marler clarified that a petitioner must be eligible to vote for the office of the Mayor but is
not required to vote for the Mayor.
Garver noted that Marler is being taped for replay on the community cable channel and requested Marler
explain once more the nature of this Initiative.
Marler continued that once there are signatures collected, the intent is to make the entire city wet so that any
business is allowed to come to Georgetown without the added hardship of damp or dry areas. Marler added
that our current status as a mixed area with wet and dry areas is based on the enforcement of a Department
of Agriculture rule that will be eliminated by this initiative. Marler made note that many downtown restaurants
have left the City due to the licensing fees required to serve alcohol and these license fees make the cost
prohibitive for many restaurants. Marler also noted that restaurants enjoy serving the citizens of Georgetown
and current establishments, such as Down The Alley Bistro, may start serving dinner after the new wet status
is passed and this will increase traffic in the Downtown Square.
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Berryman asked and Marler confirmed that to be eligible to sign the petition, a person must be a current
registered resident within the City.
Gonzalez asked and Marler stated that 4,860 signatures must be collected currently over 2,000 signatures
have been collected.
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
C. Consideration and possible action to approve the minutes of the Council Workshop and Regular Meeting held
on May 11, 2010 -- Jessica Hamilton, City Secretary
D. Consideration and possible action to approve the request of Chartwell Properties (dba AeroCentex) to
sublease 800 square feet of office space to Stan and Carol Jensen (dba Lima Romeo Aviation, LLC) as
required by the Airport Lease Agreement between the City and Chartwell dated November 1, 2008 -- Travis
McLain, Airport Manager and Paul Brandenburg, City Manager
E. Consideration and possible action to approve the request of Carol and Stanley Jensen (dba Lima Romeo
Aviation, LLC) to conduct business at the Georgetown Municipal Airport as a Specialty Fixed Based
Operator (SFBO) under the "other special flight instruction" category of the Airport Minimum Standards, Section
CO -4 -- Travis McLain, Airport Manager and Paul Brandenburg, City Manager
F. Consideration and possible action to approve a request to apply for a grant from the Arts and Culture Board
of an amount not to exceed $5,000.00 from Southwestern University and 3M Corporation, to be used for the
purchase of a piece of sculpture or sculptures for the hike and bike trail in San Gabriel Park -- Eric Lashley,
Library Director and Randy Morrow, Director of Community Services
G. Consideration and possible action to authorize the purchase of a 15' permanent wastewater utility easement
(Parcel A13) and a 25' temporary construction easement adjacent thereto from Saung Zin Park in the
amount of $28,500.00, plus closing costs, in connection with the 2006 Annexation Utility Improvements Project
-- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility
Operations
H. Consideration and possible action to authorize the purchase of a 20' permanent water line easement (Parcel
A36) and a 25' temporary construction easement adjacent thereto from James C. Niemann and wife,
Janiece Niemann in the amount of $47,933.00, plus closing costs, in connection with the 2006 Annexation
Utility Improvements Project -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant
City Manager for Utility Operations
1. Consideration and possible action to authorize the purchase of a 20' permanent water line utility easement
(Parcel B31) and a 25' temporary construction easement adjacent thereto from Georgetown Griffin Family,
LP in the amount of $39,252.00, plus closing costs, in connection with the 2006 Annexation Utility
Improvements Project -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City
Manager for Utility Operations
J. Consideration and possible action to approve a Resolution finding public convenience and necessity and
authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement
(Parcel A37, Parts 1 and 2) and a temporary construction easement from Patsy E. Hoyle and Barbara J.
Hoyle to effectuate certain public utility infrastructure improvements in connection with the 2006 Annexation
Utility Improvement Project -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant
City Manager for Utility Operations
K. Consideration and possible action to approve a Resolution finding public convenience and necessity and
authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement
(Parcel A38) and a temporary construction easement from Donald Hoyle and wife, Patsy Hoyle, to
City Council Meeting Minutes/
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effectuate certain public utility infrastructure improvements in connection with the 2006 Annexation Utility
Improvement Project -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City
Manager for Utility Operations
L. Consideration and possible action to approve a Resolution finding public convenience and necessity and
authorizing eminent domain proceedings, if necessary, for the acquisition of a temporary construction
easement (Parcel B39) from Georgetown Woodworks, LLC to effectuate certain public utility infrastructure
improvements in connection with the 2006 Annexation Utility Improvement Project -- Thomas R. Benz, P.E.,
Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations
M. Consideration and possible action to approve a Resolution finding public convenience and necessity and
authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement
(Parcel C1) and a temporary construction easement from Milton D. Carlson and Nancy Davis Carlson, to
effectuate certain public utility infrastructure improvements in connection with the 2006 Annexation Utility
Improvement Project -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City
Manager for Utility Operations
N. Consideration and possible action to approve a Resolution finding public convenience and necessity and
authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement
(Parcel B40) and a temporary construction easement from Ed R. Wallace and wife, Cathie Wallace, to
effectuate certain public utility infrastructure improvements in connection with the 2006 Annexation Utility
Improvement Project -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City
Manager for Utility Operations
O. Consideration and possible action to award a Construction Contract to Rogers Construction Company Ltd.,
of Georgetown, Texas, in the amount of $49,208.00, for the construction of sidewalk and drainage
improvements on 22"dSt. and Austin Ave. respectively -- Thomas R. Benz, P. E., Systems Engineering
Director and Jim Briggs, Assistant City Manager for Utility Operations
P. Consideration and possible action to appoint Robert T. Hardy as the City of Georgetown's representative on
the Williamson County and Cities Health District Board -- Mayor George Garver
Garver noted and Sokolow responded Item D & Item E need more information. Sokolow clarified that these
items D and E are only a sublease and all the attached documentation is correct.
Sokolow asked and McLain responded that this full motion simulator will be the first one located at the airport.
Motion Berryman, second by Eason to approve the Consent Agenda in its entirety, with clarification to items D
& E. Approved 6-0 (Sansing absent).
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
Q. Consideration and possible action regarding a Resolution granting a petition and setting public hearing dates for
the voluntary annexation into the City for 234.52 acres out of the Lemuel S. 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 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Community
Development Director
Polasek presented the item, providing a map on the overhead projector, to show areas near Sun City and the
Shady Oak subdivision for rezoning to residential property. A preliminary plat has been submitted and includes
a rezoning to residential property. He continued that a petition has been submitted and the City will now follow
annexation procedures. Polasek identified the first public hearing to take place on June 8, 2010 and the second
public hearing will occur on June 22, 2010. He added July 13th will be the second reading and this is the
beginning of the 5 step process. Polasek also noted that this will be a residential development with smaller lots.
Sattler asked and Polasek answered that this area does receive the water and sewer service from city utilities
but not electric service.
City Council Meeting Minutes/
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Motion by Berryman, second by Eason. Approved 6-0 (Sansing Absent).
R. Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action for the award of the annual bid for Hot Mix Asphalt to RTI of Pflugerville,
Texas in the estimated amount of $370,000.00 -- Mark Miller, Transportation Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
Miller introduced the item for the award of the annual bid for Hot Mix Asphalt and noted that the bids were a
Type D and a Type A Hot Mix Asphalt. Miller continued that only one bid has been received this year that was
$2.25 and $3.00 per ton increase over last years prices. Miller noted that the prices are directly connected with
the price of oil. He added that asphalt can be as high as $70 and this is around $43.75. Miller stated that this
bid and price charged is in line with current economic conditions. Miller indicated that this item was approved at
the May 14th GTAB meeting.
Berryman asked and Miller responded about the company that put asphalt on D.B. Wood Road. Miller clarified
that RTI is a different company, and Raming Paving did the problem work on DB Wood. He continued that this
is a paving company, RTI is a asphalt company. Miller also noted that Raming Paving will be repairing the faulty
work when weather conditions are suitable.
Sattler asked and Miller responded about "quiet" pavement and the hot mix is a made in a different process to
keep noise down and the Hot Mix does keep the noise down.
Motion by Sattler, second by Gonzalez. Approved 6-0 (Sansing Absent).
S. Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action for approval of Master Services Agreement and Task Order No.
HAI -10-001 with Halff Associates, Inc, of Austin, Texas, for professional engineering services related to the
2009-2010 Street Rehabilitation Project in the amount of $284,194.00 -- Thomas R. Benz, P.E., Systems
Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations
Benz introduced the task order and identified the project as bringing together four different bid projects for
annual maintenance on city streets. He added that the attached documents provide the details of the
agreement and the City can then go to bid and bring items back to council.
Motion by Berryman motion, second by Eason.
Ross asked and Benz answered about if there are any engineers in the City that can do this work. Benz
responded that the Capital Improvement Plan has provided for this type of work and there is better street rehab
and maintenance achieved through a company. Ross clarified and Benz responded affirmatively that there are
qualified firms in Georgetown that could do this work, but this company is able to do the work well.
Sattler asked the new council members if it would be appropriate to delay this item for their review of how
master services and awarding of contracts works.
Garver asked and Benz clarified that this item was vetted by GTAB and the board unanimous recommended this
course of action.
Gonzalez asked and Benz responded about contracting work within the City. Benz indicated that he feels this
company is the most qualified, and there are Georgetown residents employed by this firm. Benz continued that
even though there is not an office located within the City, the employees still support the community and one
employee is on the GTAB board. There is support for the city and this is the best qualified company in relation
to the Capital Improvement Plan. Benz added that the cost of the project is less than 10% of the estimated cost.
Gonzalez asked and Benz responded that the Halff Associates employee serving on GTAB abstained from
voting on on this item. Gonzalez requested Benz indicate in the future if Georgetown residents are employed by
a company contracted by the City and it is important to offer the details if employees live or work in Georgetown.
Approved 4-2 (Eason, Berryman, Meigs, Gonzalez voted yes; Sattler and Ross voted no).
City Council Meeting Minutes/
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T. Discussion and review of the City
Attorney's decision to have legal counsel
in attendance at meetings of the
city's boards and
commissions
-- Gabe Sansing, Councilmember District
2
Garver stated that this item is withdrawn from this agenda due to Mr. Sansing's request.
U. First Reading of an Ordinance adding Section 14.16.081 to the Code of Ordinances pertaining to charges for
use of the City's streets -- Mark Sokolow, City Attorney and Jim Briggs, Assistant City Manager for Utility
Operations
Briggs approached the podium and indicated his availability to answer questions on this item. He noted the
City's work with Oncor on a Franchise Agreement. Briggs added that the State has a franchise law that requires
Oncor to continue paying a franchise fee to cities. Briggs clarified that Georgetown is covered under the State
Franchise Agreement. He added that Oncor is negotiating with the City for a new franchise which is typically in
their interest and shows their right to serve an area. Briggs continued that the PUC of Texas reviews the rates
and protocols for service. Briggs continued that a franchise within a deregulated area of state is only a formality
of process.
Briggs noted that until an Ordinance is on the books, the city attorney feels we need documentation stating that
the City is covered under the State Franchise Agreement.
Sokolow read the entire Ordinance on First Reading.
Motion by Berryman, second by Sattler. Approved 6-0 (Sansing absent).
V. Consideration
and possible
action to reappoint
Council Member Dale Ross to the Georgetown Economic
Development
Corporation
(GEDCO) -- Mayor
George Garver
Garver indicated that the Mayor suggests recommendations to the Council regarding board membership and
Council has the opportunity to question the recommendation. Garver clarified that Ross has held this position in
the past.
Motion by Berryman, second by Gonzalez. Approved 6-0 (Sansing absent).
W. Consideration and possible action to reappoint Council Member Dale Ross to the Georgetown
Transportation Enhancement Corporation (GTEC) -- Mayor George Garver
Garver introduced item and noted previous item justification for appointing Ross.
Motion by Gonzalez, second by Meigs. Approved 6-0 (Sansing absent).
X. Consideration and possible action to appoint Council Member Danny Meigs to the Georgetown
Transportation Advisory Board (GTAB) -- Mayor George Garver
Garver introduced item and noted that Mr. Brainard previously held this position. Mayor Garver continued that
the tradition is when a council member's seat is vacated, the new member takes over that seat.
Ross noted that Meigs will be a great addition to the board.
Motion by Ross, second by Berryman. Approved 6-0 (Sansing absent).
Y. Consideration and possible action to appoint Council Member Danny Meigs to the General Government and
Finance Subcommittee (GGAF) -- Mayor George Garver
Garver introduced item and noted the previous rationale for appointing Mr. Meigs.
City Council Meeting Minutes/
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Motion by Ross, second by Gonzalez. Approved 6-0 (Sansing absent).
Z. Consideration and possible action to appoint Council Member Tommy Gonzalez to the Georgetown
Economic Development Corporation (GEDCO) -- Mayor George Garver
Garver introduced item and indicated Mr. Oliver previously held this seat on GEDCO.
Motion by Ross, second by Sattler. Approved 6-0 (Sansing absent).
Berryman noted the welcome addition with Gonzalez's banking background.
AA. Consideration and possible action to appoint Council Member Tommy Gonzalez to the Georgetown
Transportation Enhancement Corporation (GTEC) -- Mayor George Garver
Garver introduced item and noted the previous justification for appointment.
Motion by Ross, second by Sattler. Approved 6-0 (Sansing absent).
BB. Consideration and possible action to appoint Tina Geiselbrecht as Chair of the Georgetown Transportation
Advisory Board (GTAB) -- Mayor George Garver
Garver introduced the item and indicated that Geiselbrecht previously served as Vice -Chair on the board. He
continued that she has been recommended to become the Chairman.
Motion by Ross, second by Sattler. Approved 6-0 (Sansing absent).
The meeting was adjourned at 06:44 PM.
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