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HomeMy WebLinkAboutMIN 03.23.2010 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: Keith Brainard, Dale Ross, Ben Oliver, Pat Berryman, Bill Sattler, Patty Eason Council Absent° Gabe Sansing Staff Present: Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Hamilton, City Secretary; Micki Rundell, Chief Financial Officer; Jim Briggs, Assistant City Manager for Utility Operations; Travis McLain, Airport Manager; Edward G. Polasek, Principal Planner; Elizabeth Cook, Community Development Director; Terry Calhouun, Real Estate Services Coordinator; Thomas R. Benz, Systems Engineering Director; Cari Miller, Tourism Manager; Tamera Baird, Chief Plans Examiner; Dave Hall, Director of Inspections; Jordan Maddox, Planner III; Brent Schacherl, Interim Police Chief Regular Session - To begin no earlier than 06:21 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 Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Manager Comments The City will hold elections for the City Council seat for Districts 3 on May 8, 2010. The incumbent, Keith Brainard and Danny Miegs have filed for a place on the ballot for the District 3 Council seat. The incumbent Councilmember for District 4, Bill Sattler, and Tommy Gonzales for District 7, are unopposed, and will therefore be elected by acclamation. Early voting starts on April 26 and goes through May 4. To see polling locations or hours, go to news.georgetown.org/election-overview. For details about the election, contact Jessica Hamilton, city secretary for the City of Georgetown at (512) 930-3652. The Ribbon Cutting for the Oak Tree Bridge in Berry Creek will be held on Friday, March 26 at 5:00 PM. The Citizen Police Academy is a ten -week course taught by police officers to give participants an inside view of the Georgetown Police Department. The program covers the history of policing, laws and code of criminal procedure, criminal and accident investigations, weapons, crime scene investigations, officer safety, and the court system. Applications are available at the Georgetown Police Department at 809 Martin Luther King, Jr. or online at files.georgetown.org. For additional information or questions contact Linda Lipscomb, volunteer coordinator for the Georgetown Police Department, at (512) 930-8457. City Council Meeting Minutes/ Page 1 of 6 Pages Action from Executive Session Motion by Sattler, second by Berryman to approve the possession and use agreement in the Molnar condemnation in the settlement range as delineated in the March 23 e-mail of Kent Sick. 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 - Rita Snyder regarding signage in the City of Georgetown by realtors. Snyder introduced herself and said she is at the meeting to address a recent issue regarding sign code enforcement. She spoke about a Keller Williams open house event where temporary open house signs were placed around neighborhoods. She said she had calls from participating realtors saying that their signs were being removed. She said they were upset that City staff was removing their signs. She noted she could not get a hold of a code enforcement staff member after she was notified that they were removed. She said she tried to retrieve her sign and was told that the signs were taken to the dump and destroyed. She said she was angry when the officer told her that they were told to not remove building and political signs. She said City staff has cost them a large amount of money. She gave suggestions as to how the City could improve upon its services provided by the code enforcement office. She noted real estate signs are an important part of attracting visitors to Georgetown. She also gave suggestions on how to improve the sign ordinance and policy. Mayor thanked Snyder for her comments. 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, March 9, 2010 -- Jessica Hamilton, City Secretary E Consideration and possible action to authorize staff to apply to TxDOT for a Routine Airport Maintenance Grant (R.A.M.P.) and the Mayor to execute in an amount not to exceed $25,000.00 (Airport Share) -- Travis McLain, Airport Manager and Paul E. Brandenburg, City Manager F Discussion and possible action to approve an Interlocal Agreement with the Williamson County Central Appraisal District regarding the City of Georgetown receipt and use of software and data from the 2010 Pictometry Aerial Photo Project -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Community Development Director. G Consideration and possible action to authorize the purchase of a 35' permanent water and wastewater utility easement (Parcel 131) and a 10' temporary construction easement adjacent thereto from Larry D. Kokel and Dale Illig in the amount of $31,903.00, plus closing costs, in connection with the 2006 Annexation Utility Improvements Project -- Terri Glasby Calhoun, Real Estate Services Coordinator and Jim Briggs, Assistant City Manager for Utility Operations H Consideration and possible action to approve a Resolution authorizing the vacation and abandonment of a portion a 20' Permanent Utility Easement on Lot 2, Serenada Country Estates Unit One, a subdivision of record in Cabinet B, Slides 339-345, Plat Records of Williamson County, Texas; and authorizing the Mayor to execute a quitclaim deed effectuating such vacation and abandonment; and establishing an effective date -- Terri Glasby Calhoun, Real Estate Services Coordinator and Jim Briggs, Assistant City Manager for Utility Operations Consideration and possible action to approve Change Order #2 with Joe Bland Construction, LP of Austin, Texas, for the Rock Street Wastewater & Pedestrian bridge in the amount of $37,573.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/ Page 2 of 6 Pages J Consideration and possible action to approve Task Order KPA 10-004 (Forest Street WW Improvements) with Kasberg, Patrick & Associates, LP of Georgetown, Texas for professional services related to the Edwards Aquifer Recharge Zone Rehabilitation in the amount of $40,840.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations K Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for the approval of an allocation of $2,000.00 in Hotel Occupancy Tax (HOT) funds to Fury Basketball for help in the cost of promoting their tournaments, as well as providing hospitality for the attending coaches and tournament volunteers -- Cad Miller, Tourism Manager, Randy Morrow, Director of Community Services Motion by Berryman, second by Eason to approve the consent agenda with the exception of item D, which was pulled to the regular agenda by Councilmember Brainard. Approved 6-0 (Sansing absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: L Presentation and possible direction to staff on temporary signs -- Tamera Baird, Chief Plan Examiner and Dave Hall, Director of Inspections Brandenburg gave a summary of the item and noted there has been an ongoing issue of temporary signs for realtors and political signs. He said staff would like to give Council a summary of the sign ordinance and, if Council wants to change any part of it, they can do so. He noted any recommended changes could be forwarded to the UDC Task Force for implementation. Baird summarized the city's sign ordinance and said regulation of sign standards can be controversial. She noted Council has been provided with a memo describing temporary signs as well as suggestions for improvements. She defined the term "temporary sign" as it applies to the City's code. She spoke about the section of the code that includes temporary sign banners. She said each banner requires a permit and must be renewed every 45 days. She continued to speak about different types of banners and where they are allowed. She spoke about where real estate signs are represented in the Code and she described the enforcement of those signs. She noted these signs do not need a permit as long as they meet the criteria laid out in the development code. She described that criteria. She also spoke about the regulations and permitting related to "for sale" signs, garage sale signs and special event signs. She continued to described the regulations given to various types of temporary signs. She noted, on the weekends, code enforcement is instructed to only patrol the City and not inside neighborhoods unless they receive a complaint. She said the city does not regulate signs for content. Berryman thanked Brandenburg for being proactive with this issue. She said it may be a good idea to create a signage committee to address this one particular issue because it seems to have a lot of questions and concerns. She noted she would like to direct staff to look into why no one can call the office in case of emergencies. Brandenburg said there are other issues related to customer service that staff will need to handle with regard to this issue. Berryman said she agrees with recycling the signs rather than just destroying them at the landfill. She said the kiosk signage program is an area that the City has been cautious of and is still working on. She added she understands the real estate industry is a depressed industry and noted there must be a way to come to a compromise on this issue. She noted, on the signage committee, it would be nice to have representation from the real estate community, building community and general citizens. She said it would be nice for this issue to come back to Council at the second meeting May or first meeting in June. Motion by Berryman, second by Brainard that the City create a signage committee to review this issue with the parameters that they include individuals from the building community, real estate community and regular citizens of the community and, from that committee, work out a compromise that would be amenable to all parties involved. Eason said this sounds a lot like the UDC Task Force and it would be quicker to use that enitity instead of a new committe. Cook suggested that staff use the UDC Task force to study this issue, but go out and look for the builders and real estate members who can then come to the meeting and join the task force. Berryman amended her motion to use the UDC Task Force for the committee and come back to Council at the first meeting in June with a report. Brainard accepted the friendly amendment. Vote on the motion at amended: Approved 6-0 (Sansing absent) City Council Meeting Minutes/ Page 3 of 6 Pages D Discussion and possible action to approve a contribution of $5,000 to the Texas Dental Association Smiles Foundation for the 2010 Texas Mission of Mercy -- Paul E. Brandenburg, City Manager Pulled to the regular agenda by Brainard. Motion by Brainard, second by Ross that the money used for this item be allocated from Council contingency funds. Eason asked and Brainard said Council was given the choice to choose between the City Manager's and Council's budget. Approved 6-0 (Sansing absent) M Consideration and possible action to approve a Resolution authorizing proceeding with issuance of obligations for City's capital improvement programs and further directing the publication of notice of intention to issue City of Georgetown, Texas combination tax and revenue certificates of obligation -- Micki Rundell, Chief Financial Officer Rundell reviewed the item and said this includes three bond issues. She described the $1.5 million bond issue for the DB Wood project, the money for the Lake Georgetown Treatment Plant as well as the bond issue for the construction and land purchase related to Fire Station 5, Phase 1 of the CIS/AMI project as well as the second payment on the Williams Drive widening projects. She described the tax implications of these bond issues. She said Carol Palumbo, the City's bond counsel is available for questions. Sattler asked and Rundell noted the money from these issues must stay with the projects to which they are assigned. Motion by Eason, second by Oliver to approve the Resolution. Approved 6-0 (Sansing absent) N Consideration and possible direction to staff regarding extending the debt amortization period to 25 years for certain assets included in the upcoming 2010 City bond issues -- Micki Rundell, Chief Financial Officer Rundell said, currently, the City issues 20 year level debt service for all of its bonds. She noted there has been discussion of extending the period to 25 years for the lake treatment plant project. She said the City would pay more if they extend the bonds, but it would create less pressure on the current rate payers. She noted she wanted to see if this would be something that Council would be interested in. Mayor asked and Brainard said this issue was not discussed with the General Government and Finance subcommittee. Mayor asked and Rundell said the Council will need to decide tonight whether or not to extend the period to 25 years. Ross asked and Rundell confirmed this is the first time the City has considered moving to a 25 year period. Ross asked and Rundell said the Council is just hearing about this now because it was just brought to staffs attention. There were many questions. Mayor noted the sooner the City retires a debt, the sooner the City's flexibility for future projects emerge. Mayor asked and Rundell confirmed the biggest issue is coverage ratios. Oliver said he feels more comfortable with staying with the 20 year period. Motion by Oliver, second by Berryman to stay at 20 years and ask staff to study this issue as well as the effects of moving to a 25 year period. Sattler asked and Rundell said this will in no way negatively impact the tax payer. Approved 6-0 (Sansing absent) O Public Hearing for the voluntary annexation into the City for 18.61 acres out of the Isaac Jones Survey, Abstract No. 232, for 4887 Williams Drive, south of Casa Loma Subdivision and north of Olde Oak Subdivision -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Community Development Director Polasek reviewed the item and said this is an extension of a piece of property that is already in the City limits. He noted staff is waiting to receive a development application and added the first reading of the Ordinance will be delayed until it is received. Public Hearing was opened at 7:07 p.m. No persons were present to speak. Public Hearing was closed at 7:07 p.m. P Public Hearing for the voluntary annexation into the City for 4.027 acres, more or less, in the Woodruff Stubblefield Survey, Abstract 566, for 50 White Eagle Pass, south of State Highway 29 and west of State Highway 130 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Community Development Director Polasek described the item and the location of the property. He said there is a development application associated with the annexation and noted it will rezone the property to a higher, commercial use. Public Hearing opened at 7:08 p.m. City Council Meeting Minutes/ Page 4 of 6 Pages No persons were present to speak. Public Hearing was closed at 7:08 p.m. Q Public Hearing for amending Ordinance No. 2006-139 pertaining to the annexation of approximately 204.5 acres of land out of the J. Mott Survey, B.C. Low Survey, J. Robertson Survey, William Addison Survey, F.A. Hudson Survey, and J.S. Patterson Survey, known as 2006 Annexation Area 50, to modify the Annexation Service Plan to allow a Utility Agreement in lieu of required capital improvements -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Community Development Director Polasek described the item and said this amendment would allow an annexation service plan utility construction agreement in lieu of the required capital improvements. Public Hearing opened at 7:09 p.m. No persons were present to speak. Public Hearing was closed at 7:09 p.m. R Public Hearing and possible action on a Comprehensive Plan Amendment to adopt the Citizen Participation Plan as a functional element of the 2030 Comprehensive Plan -- Jordan J. Maddox, AICP, Planner III, and Elizabeth A. Cook, Director of Community Development Maddox described the item and said the citizen participation plan is a required element of the 2030 comprehensive plan as laid out in the city charter. He said staff has spent the past 5 or 6 months with a citizen advisory group to come up with this plan. He spoke about the methods that were used by the advisory group in order to come up with their plan proposal. Public Hearing was opened at 7:12 p.m. No persons were present to speak. Public Hearing was closed at 7:13 p.m. Motion by Eason, second by Sattler to approve the Citizen Participation Plan. Approved 6-0 (Sansing absent) S Consideration and possible action regarding the 2030 Comprehensive Plan Annual Update Report -- Jordan J. Maddox, AICP, Planner III, and Elizabeth A. Cook, Director of Community Development Maddox described the item and reviewed the report given to Council regarding the 2030 Comprehensive Plan annual update. Approved 6-0 (Sansing absent) He said there were no amendments made this year and noted there is no action required. T Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Smith Contracting, of Austin, Texas, for the reconfiguration and reconstruction of DB Wood Road/Shell Road at the Williams Drive Intersection in the amount of $762,340.60 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Benz described the item and said this is the first project from the 2008 road bond projects. He said it is on schedule and under budget. He said the City held two meetings located at the area around the HEB on Williams Drive and Sun City. He explained what the project will include, such as the additional turn lane. Motion by Berryman, second by Brainard to approve the contract. Sattler asked and Benz gave Council an estimated construction schedule for the project. He said the project should run from mid-April until October. Approved 6-0 (Sansing absent) U Discussion and possible action regarding amending alarm permit fees -- Brent Schacherl, interim Police Chief and Paul E. Brandenburg, City Manager Brandenburg reviewed the item and the history of this issue and noted staff is recommending that the residential and commercial alarm fees both be a flat rate of 25 dollars with an annual renewal. He spoke about false alarm violations and said the recommendation is, for 4 or 5 violations per year, the fine go up to $75. He added any violation over seven per year be fined $100. He said staff is recommending $150 for eight or more yearly violations. He said, if Council is receptive to that, staff will come back to Council at the next meeting with a new Ordinance. City Council Meeting Minutes/ Page 5 of 6 Pages Mayor asked and Waits said he does not have any further recommendations for Council. Ross asked and Waits said the basis for the annual registration is to ensure that the police department keep their information correct and up to date. He said the majority of their false alarms is owner/user responsible. Ross said he likes the fee structure that staff came up with but noted he thinks, if a person has more than ten false alarms a year, that they lose the privilege of registering their alarms. He said he thinks that, after the tenth violation, that staff suspend those alarms for about a year. Eason said, if the City shuts the alarm off, who is actually at fault if something actually happens. Motion by Ross, second by Brainard that after 7 false alarms, the fees for the 8th and later violations be raised to $250. Waits said it is in their permitting process to have the ability to deny a person a permit if they are a repeat offender. He said alarms are a great service and it is about selling peace of mind to the citizens. Approved 6-0 (Sansing absent) Brainard encouraged the police department to move to online registration of these alarms. Motion by Ross, second by Berryman to adjourn. Approved 6-0 (Sansing absent) Mayor Gdorge Garver City Council Meeting Minutes/ Page 6 of 6 Pages The meeting was adjourned at 07:28 PM.