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HomeMy WebLinkAboutMIN 03.09.2010 CC-Rof the City Minutes of the Meetime 3overning Body un, Texas 2010 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Keith Brainard, Gabe Sansing, Dale Ross, Ben All Council present. Oliver, Bill Sattler, Pat Berryman, Patty Eason 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; Elizabeth Cook, Community Development Director; Edward G. Polasek, Principal Planner; Mark Thomas, Economic Development Director; Jordan Maddox, Planner III, Minutes Regular Session - To begin no earlier than 06:10 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.) Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Manager Comments - City Elections - The Ribbon Cutting for the Oak Tree Bridge - Warrant Round- up Action from Executive Session Motion by Sattler, second by Berryman to extend the deadine on the Albertson's Building until 5 p.m. on March 22, 2010. Approved 6-1 (Eason opposed) Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. City Council Meeting Minutes/ Page 1 of 5 Pages B - Keith Peshak regarding closure of the Georgetown Airport Peshak said he spoke with Mayor prior to the meeting regarding his presentation. He said, February 8, Stack flew an airplane into a building. He said all operations were polite. ???. He said the Airport manager declared marshal law. He spoke about TFRs. He spoke about the airport commander.... more about marshal law. He said his hangar was also open. He spoke about probable cause. Consequential damages. Constitution of the United States. 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 Special Executive Session, the Council Workshop and the Regular Council Meeting held on February 23, 2010 -- Jessica Hamilton, City Secretary D Consideration and possible action to approve the purchase of a John Deere tractor mower for the Street Department from Georgetown Farm Supply through the Buyboard contract with John Deere Government and National Sales in the amount of $49,990.51 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Chief Financial Officer E Consideration for the approval for the renewal of the Motorola digital radio console service contracts in the amount of $30,820.00 -- Marsha Iwers, Purchasing Manager and Micki Rundell, Chief Financial Officer F Consideration and possible action on a Public Review Final Plat for 35.16 acres in the Foy Survey, also known as Sun City Neighborhood Fifty-four, located south of the intersection of Pedernales Falls Drive and Cool Springs Way -- Jordan J. Maddox, AICP, Planner III and Elizabeth A. Cook, Community Development Director G 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 and a temporary construction easement from James E. Robinson Family Trust, to effectuate certain public utility infrastructure improvements in connection with GE20/40 Dual Circuit Electric Line Project along SH 29 East -- Terri Glasby Calhoun, Georgetown Utility System Real Estate Services Coordinator and Jim Briggs, Assistant City Manager for Utility Operations Motion by Sansing, second by Berryman to approve the consent agenda in its entirety. Approved 6-0 (Oliver off the dais) Council will individually consider and possibly take action on any or all of the following items: H 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 described the item and said, under state law, two public hearing are held ... he said this tract is partially in the City already. he spoke He said how staff the application the deadline location. is this month on th 19th. Public Hearing was opened on 6:21 p.m. No persons were present to speak. Public Hearing was closed at 6:21 p.m. 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 said there is currently a commercial use on that property. Oliver returned to the dais. he spoke about how staff readdressed the location. Public Hearing was opened on 6:23 p.m. City Council Meeting Minutes/ Page 2 of 5 Pages No persons were present to speak. Public Hearing was closed at 6:23 p.m. J 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 said this is an Ordinance to amend the involuntary annexation of the property. He said the property own is requesting that staff not install the wastewater service. He said the annexation service plan amendment would be a new appendix that ?? listen listen. He said staff has met with the applicant several times. Public Hearing was opened on 6:25 p.m. No persons were present to speak. Public Hearing was closed at 6:25 p.m. K Discussion and possible action regarding a motion to reconsider Item T from the December 11, 2007 Georgetown City Council meeting regarding the Fee Waivers for the Sierra Ridge Housing Project -- Bill Sattler, Council member District 4 Motion by Sattler, second by Berryman to reconsider the fee waivers for the former Sierra Ridge Project and that all fees that were to be waived be rescinded as mentioned in Item T of the December 11, 2007 meeting. Sansing asked and Sattler said the Council approved fee waivers back in December of 2007 and he said he would like to take it off the books for good. Sansing said the waivers were voted down by the Council and that was one of the reasons why the project fell apart in the first place. Oliver said, in his opinion, there are no fee waivers on the books. Approved 5-2 (Oliver, Eason opposed) L Consideration and possible action on a Loan Agreement and Promissory Note with Ringdale, Inc. -- Mark Thomas, Economic Development Director Sansing recused himself. Thomas described the item. He said this will increase the capacity and ability of Ringdale to increase its production capacities. He said this would add LED lighting to its current faciltiies. He (listen). He said there are 15 current jobs and adding 15 jobs. Motion by Berryman, second by Oliver to approve with the creation of 30 jobs instead of 45. Brainard asked and Thomas (listen listen). Approved 6-0 (Sansing recused himself) M Consideration and possible action on a Loan Agreement and Promissory Note with Radix BioSolutions, Inc. -- Mark Thomas, Economic Development Director Thomas described the item and said the Council heard a summary of this item from the owner of the company. He said, if this is approved, the request of GEDCO would be (listen listen) Oliver summarized part of the contract. Listen. Motion by Oliver, second by Berryman to approve. Berryman asked and Thomas said the average wage at TLCC is $138,000 plus benefits. Sansing noted this is also being funded by sales tax funds for the 4A and will not make the tax rate go up. Approved 7-0 N Discussion and possible action in finalizing the size of the upcoming 2010 Certificates of Obligation (CO) bond issue -- Micki Rundell, Chief Financial Officer Rundell said this is a follow up item related to the size of the CO issue. She said there have been some changes, mainly related to the fire station. She said, at the GGAF meeting, there was discussion regarding payment to be made to Williamson County for the Williams Drive widening. She said the total amount is $6.5 million plus the issuance cost. She said the notice of hearings and resolutions will be included on to March 23rd agenda. Motion by Sansing, second by Eason to approve. Sansing asked and Rundell said the payment of bonds to the County will be made on a three year process. She said, during the first ?? listen listen. Listen to Sattlers questions and Rundell's responses. Sattler asked and City Council Meeting Minutes/ Page 3 of 5 Pages Rundell said GTEC will only pay the debt service. Approved 7-0 O Consideration and possible direction to staff regarding all city ordinances, policies and everything that is in writing and that is subject to review or approval by council or that provides official direction to council or staff regarding the conduct of City business -- Keith Brainard, Council member District 3 CHANGE CAPTION. Brainard said the City Council's understanding of the legal. Motion by Brainard, second by Berryman that staff be directed to catalogue and clarify and further that staff begin a process that ??. Get from Brainard. Sansing asked and Brainard said the legal framework means the entire set of laws and regulations that that Council should follow. He said he would like to get clarity on this framework as well as policy development. Sansing asked and Brainard confirmed he would like clarification. Oliver clarified Brainard's motion. Brainard said this could be a collection in one document that clarifies what certain things are and who has responsibility for it. Ross said he supports with what Brainard is trying to do by putting it into an entire document. Berryman said this is also looking at the County and State that affects the Council's decision making. Brandenburg said this is doable. Oliver said the framework comes first and the final document will be a bible document that can be added to. Sokolow said the document could be the major stuff. He said he would like clarity of what's out there and what we (listen). Berryman said she wants to make sure what Council does is rooted in actual policy and not just customs. She said this is a way of clarifying the laws that were originally put on the books. He said it is a collection. Approved 7-0 P Discussion and update on the City's redistricting process -- Bill Sattler, Council member District 4 Sattler said a large number of constituents have been asking about redistricting. He said he would like to have a calendar timeline of the process. Bradenburg said, in the agenda packet, there is a timeline for the redistricting process. He said the Census will go all the way until 2011. He said those numbers from the Census are what the City bases its redistricting process on. He said the most work that has been done has been with the Census. He said redistricting doesn't really get moving until 2011 and it is probably premature to form any committees on this issue. Berryman said there is a desire to have transparency and she welcomes the idea of putting this information on the website. She said she shares her concern with Sattler and she noted her quandrant is really under -represented. Sansing said it all has to be approved by the federal government anyway. He said he would love to see all fragments of society on the dais at some point. (listen to Sansing's comments) Mayor said the first election redistricting would affect would be 2012. O Second Reading of an Ordinance amending Section 15.04.045 of the Code of Ordinance to revise the Development Processing Fees for Planning and Development -- Elizabeth A. Cook, Community Development Director Cook described the item and said the first reading was on February 23. Cook read only the caption of the Ordinance on second reading. Motion by Oliver, second by Eason to approve the Ordinance on second reading. Sansing said he does not plan to support this Ordinance. Berryman agreed with Sansing and said she will be voting against this item as well. Ross asked and Cook confirmed these fees will enable staff to give applicants solid numbered estimttler about the fees and asked him which fees he thinks are too high. Sattler (listen to his respates for cost. Brainard asked and Cook said this Ordinance will bring order, clarity and more in line with the fees in surrounding communities. Sattler said he is also not going to support this item for the same reasons that Sansing and Berryman stated. Ross asked Saonse) Brandenburg said these changes will only bring in around $1,600 a month. Eason said the reason other entities are charging less for their fees because those Cities have an arrangement with Habitat. She noted the City of Georgetown has wanted to execute a similar agreement. Oliver said he supports this because it brings fees to light and it is important for staff time to be used wisely. (listen to Oliver's comments) Vote on the motion: Approved 4-3 (Berryman, Sattler, Sansing) R Second Reading of an Ordinance for a Rezoning, amending the 35.16 -acre Planned Unit Development known as Sun City Neighborhood Fifty-four, located south of the intersection of Pedernales Falls Drive and Cool City Council Meeting Minutes/ Page 4 of 5 Pages Springs Way -- Jordan J. Maddox, AICP, Planner III and Elizabeth A. Cook, Community Development Director Cook described the item. She said it is a rezoning of a property that was previously planned and there is a reduction of lots from 123 to 110. She read the caption of the Ordinance on second reading. Motion by Sansing, second by Brainard to approve. Approved 7-0 S Second Reading of an Ordinance adding Chapter 1.13 of the Code of Ordinances as it pertains to setting policies -- Keith Brainard, Councilmember District 4 Brainard described the item and said the proposed ordinance would require documentation. He read the caption of the Ordinance on second reading. Motion by Sansing, second by Berryman to approve. Oliver asked and Brainard said this provides a listing of everything that should be listed in a cover sheet. Cook clarified what is provided for Council in addition to the cover sheet. Brandenburg said these things should be done whether or not it is in the code. Eason asked about item A and Brainard said everyone including Council would ??. Eason asked about the ramifications for staff if they do not follow the Ordinance. Sokolow said the ramifications would be the Council would defer the item. Mayor asked and Sokolow said he could add the derring section to the Ordinance. Berryman asked and Brainard clarified his needs. Sattler asked and Mayor said (listen). Brainard said Sattler's question was the genesis of his item earlier in the evening. Ross said he thinks this item is being over thought. Sansing said he has been asking for this type of policy for sometime now. Sattler asked about the sierra ridge fee waivers and whether or not it requires a public hearing. Approved 7-0 Mayor asked who has the authority to close the airport. Brandenburg said staff can check on it and bring it back to Council for review. He said he feels that everyone acting appropriately during that event. T Consideration and possible action to appoint new members to the Ethics Commission -- Mayor George Garver Motion by Eason, second by Oliver to approve. Approved 7-0 City Council Meeting Minutes/ Page 5 of 5 Pages Meeting adjourned -- 7:31 p.m. The meeting was adjourned at 07:31 PM. Attest: Secreta amilton