HomeMy WebLinkAboutMIN 11.25.2008 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: Council Absent:
Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council present
Sattler, Pat Berryman, Dale Ross, Ben Oliver
Staff resent:
Paul Brandenburg, City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E.
Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and
Administration; Leticia Zavala, Controller; Tom Benz, Systems Engineering Manager; Kathy Ragsdale,
Utility Office Manager; Terry Jones, Support Services Construction Manager; Travis McLain, Airport
Manager; Marsha Iwers, Purchasing Manager; Rachel Osgood, Environmental Services Coordinator;
Mark Thomas, Economic Development Director; Kevin Stofle, Assistant Police Chief; Robbie Wyler,
Historic District Planner; Valerie Kreger, Planner III; Ed Polasek, Principal Planner; Cathy Leloux,
Municipal Court Administrator; Jimmy Sikes, Substation T & D Manager; Ketih Hutchinson, Public
Information Officer; Jordan Maddox, Planner III
Regular Session to convene and continue Executive Session, if necessary
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the
regular session that follows.
A Sec.551.071: Consultation with Attorney
1.
Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise
the City Council, including agenda items
2.
Legal issues related to the City of Georgetown' s power supply contract with LCRA and potential litigation pertaining to
same
3.
Mark Shelton v. City of Georgetown, et a/; Cause No. A07CA063; in the United States District Court for the Western District
of Texas, Austin Division
4.
Lear v. Jimmy Lewis Fennell and City of Georgetown, Cause No. A08-CA-719LY, in the United States District Court for the
Western District of Texas Austin Division
5.
First Citizens Bank & Trust Company v. City of Georgetown, Cause No. D -1 -GN -08-02325, 53rd Judicial District, Travis
County, Texas
6.
Discussion of legal issues related to payment obligations for the Public Utility Improvements under the "Development
Agreement with Forestville Associates, a Maryland General Partnership, regarding development of Wolf Ranch" dated
September 11, 2003
7.
Berry Creek Partners v. City of Georgetown , Cause No. 08-767-C277, in the District Court of Williamson County, 277th
Judicial District
B Sec 551.072: Deliberation about Real Property
1.
Consideration and possible action to approve rental rate and Lease Agreement with Aircraft Systems and Manufacturing,
Inc. for the real property and improvements located at 302 Toledo Trail and to approve the memorandum of expiration of
Lease pertaining to the old ground lease for the property located at 302 Toledo Trail -- Travis McLain, Airport Manager and
Tom Yantis, Assistant City Manager
2.
Consideration and possible action regarding purchase of property in the Williams Drive Gateway for future right-of-way
City Council Meeting Minutes/November 25, 2008
Page 1 of 9 Pages
C Sec.551.086 Competitive Matters
1. Consideration and Possible action to approve a potential contract relationship with American Electric Power (AEP) related
to renewable resources beginning January 2009 -- Jim Briggs, Assistant City Manager for Utility Operations
Regular Session ® To begin no earlier than 06:00 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.)
Call to Order
Mayor Garver called the meeting to order at 6:00 p.m.
Pledge of Allegiance
Mayor Garver led the Pledge.
Comments from the Mayor
- Welcome and Meeting Procedures
Mayor Garver gave an outline of council meeting procedures, including a brief description of the new online
agenda program; and welcomed a Boy Scout in the audience.
City Manager Comments
- Thanksgiving Holidays
City Offices will be closed on Thursday and Friday, November 27th and 28th for the Thanksgiving Holidays.
- TDS Trash Pickup for Thanksgiving Holiday
No trash pickup on 27th. Thursday trash collection slides to Friday. Friday trash collection slides to
Saturday.
- Boards and Commission Applications
The City of Georgetown is now accepting applications for vacant or expiring terms on its Boards &
Commissions. Information and applications can be obtained on the City's Website at www._qeorgetown.org
or at City Hall which is located at 113 E. 8th Street. The Deadline for filing applications is January 9, 2009.
- Lighting of the Square, Christmas Stroll, and Parade
Kick off the Holiday Season on Friday, November 28th at dusk with the Annual Lighting of the Square. For
more information, call 800.436.8696, or go to www.georgetownholidaV.com.
The Annual Christmas Stroll on the Downtown Historic Square is scheduled for December 6th. A parade
kicks off the day starting at noon! Crafts vendors will surround the Courthouse Square and Children can
have a visit with Santa and enjoy the children's area complete with climbing walls and musical acts! For all
of the details, go to www.dgagtx.com.
- Bus Route
A bus route between Sun City and the downtown area begins service on Friday, November 28. The route is
the first phase of a pilot transit program for the City of Georgetown operated by the Capital Area Rural
Transportation System (CARTS). The Sun City — Downtown route will start at the Sun City Social Center
and connect with the Downtown Square, Wolf Ranch, and the Rivery shopping center before returning to
Sun City via Williams Drive. The Sun City — Downtown route, which is phase 1 of the pilot bus program, will
continue into January. The length of the pilot will depend on available funding. Cards with the route
schedule, route map, and fare information are available at the Sun City Community Association office,
Visitor Information Center, City Hall, and Georgetown Municipal Complex. For more information about the
bus pilot program, please visit the City's website at www.georgetown.orq .
Action from Executive Session
1. Motion by Berryman, second by Oliver that the City Council approve the rental rate of $4,350 per month
and a new Lease Agreement with Aircraft Systems and Manufacturing, Inc. for the real property and
improvements located at 302 Toledo Trail, and the approval of the memorandum of expiration of lease
pertaining to the old ground lease for the real property located at 302 Toledo Trail. Approved 6-1 (Sansing
opposed)
2. Motion by Berryman, second by Brainard that the City Council authorize the Mayor to sign a purchase
agreement for the purchase of approximately 0.55 acres of property having a street address of 105 North
IH -35 on the terms outlined by the City Manager in the executive session meeting last night, provided that
the conditions set forth by Council in executive session last night are satisfied. Approved 7-0,
3. Motion by Berryman, second by Eason that the City Council authorize the Mayor to sign a contract with
American Electric Power on the terms presented to the City Council in executive session last night,
provided that the City's outside legal counsel for electric matters, Lambeth Townsend of the law firm of
Lloyd Gosselink, approves the form of the contract. Approved 7-0.
City Council Meeting Minutes/November 25, 2008
Page 2 of 9 Pages
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.
- As of the deadline, there were no persons who requested to address the Council on items other than already
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 Council Workshop on Monday, November 10
and the Council Meeting on
Tuesday, November
11, 2008
-- Sandra D. Lee, City Secretary
D Consideration and possible action to approve the assignment of the Airport Land Lease at 402 Wright
Brothers Drive from D&R Hangars, DBA: AIM Aviation, to B&G Aviation, LLC. -- Travis McLain, Airport
Manager and Tom Yantis, Assistant City Manager
E Consideration and possible action to approve the request to assign the Airport Land Lease at 402 Wright
Brothers Drive to the City National Bank of Taylor as collateral for purchase of the hangar by B&G Aviation,
LLC. -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager
F Discussion and possibla action to approve a Mutual Consent Agreement between the Georgetown Economic
Development Corporation and ProBuild South, LLC consenting to the assignment by Hope Lumber & Supply
Company, L.P. to ProBuild South, L.L.C., of that certain Performance Agreement relating to the maintenance of
at least forty-four ful-time jobs at its facility until July 31, 2009 -- Mark Thomas, Economic Development
Director and Paul E. Brandenburg, City Manager
G Consideration and possible action to accept the Quarterly Financial Report for the City of Georgetown for the
quarter ended September 30, 2007 -- Leticia Zavala, Controller, Micki Rundell, Director of Finance &
Administration
H Consideration and possible action to approve the purchase of an Itron MC3 Mobile Collector, to replace our
current model, at a price of $46,000 -- Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of
Finance and Administration
Consideration and possible action to approve a Master Services Agreement with Espy Consultants, Inc. of
Austin, Texas, for environmental and professional engineering services -- Thomas R. Benz, P. E., Systems
Engineering Director, Jim Briggs, Assistant City Manager for Utility Operations
J Consideration and possible action to approve a Contract Agreement with Fox-Smolen & Associates, Austin,
Texas, for consulting services, in amount not to exceed $46,000.00 -- Thomas R. Benz, P. E., Systems
Engineering Director, Jim Briggs, Assistant City Manager for Utility Operations
K Consideration and Possible Action on a Preliminary Plat for 1.249 acres in the Foy Survey, extending Sun
City Boulevard Right -of -Way from Salt Creek Lane to Ronald Reagan Boulevard -- Jordan Maddox, Planner III
and Elizabeth Cook, Director of Planning and Development
L Consideration and possible action on a Preliminary Plat for 33.76 acres in the J. Fish and D. Wright Surveys, to
be known as Colonial Communities, located near the intersection of Shell Road and Williams Drive -- Carla
Benton, Planner If and Elizabeth Cook, Director of Planning and Development
M Consideration and possible action regarding the Annexation Development Agreement authorized by Section
City Council Meeting Minutes/November 25, 2008
Page 3 of 9 Pages
212.172 of the Texas Local Government Code with Cody and Dee Dee Hawes relating to that certain tract of
land having the 2008 Williamson County Short ID Number R079865 and located in 2008 Annexation Area NW5
. Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development
N Consideration and possible action regarding the Annexation Development Agreement authorized by Section
43.035 of the Texas Local Government Code with Barbara and Roy T. Gunn relating to that certain tract of land
having the 2008 Williamson County Short ID Number R079841 and located in 2008 Annexation Area NW2.
Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development
O Consideration and possible action regarding the Annexation Development Agreement authorized by Section
43.035 of the Texas Local Government Code with Paluxy Square Partners relating to that certain tract of land
having the 2008 Williamson County Short ID Number R315431 and located in 2008 Annexation Area NW2.
Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development
Motion by Berryman, second by Sansing to approve the Consent Agenda in its entirety. Approved 7-0.
••, �•• i•- �.
Council will individually consider and possibly take action on any or all of the following items:
Mayor announced that Item Q would be brought forward.
Q Consideration and possible action to award the bid for the parking improvement projects to Smith Contracting
Co., Inc. in the amount of $419,490.50 -- Terry Jones, Support Services Construction Manager, Micki Rundell,
Director of Finance & Administration
Jones explained the item and noted that Steger and Bizzell Engineering reviewed the bids and recommended
the award go to Smith Contracting. Motion by Berryman, second by Oliver to approve the award of bid. There
were questions and comments from the Council. Vote on the motion: Approved 7-0.
At this time Mayor Garver brought forward Item GG.
GG Public Hearing and First Reading on an Amendment to the Unified Development Code (UDC) to revise
Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments -- Robbie Wyler,
Historic District Planner and Elizabeth Cook, Director of Planning and Development
Wyler explained the item and noted that Council had asked staff to review and possibly update the UDC
regarding bed and breakfast establishments in Georgetown. He explained the amendments being
recommended by the Planning and Zoning Commission. He read only the caption of the ordinance on first
reading after having satisfied the requirements of the City Charter.
Speaker, Ross Hunter, said he understands a special permit will transfer with the property should it sell and sets
limits that are greatly broader than the owners and operators of the bed and breakfast establishments are
working with now. It was indicated that his information was incorrect.
Speaker, Robert Phipps, told Council he is owner of a bed and breakfast and is in favor of the ordinance, but is
also a resident in Old Town, and suggested Council consider carefully any proposal to make residential areas
more commercial.
Speaker, Bob Hewgley, said he thinks the amendment is well written and said the Task Force spent a lot of time
working on it. He said a limitation on the number of events is needed in the ordinance and suggested one per
week or four per month.
Speaker, Rene Hanson, with additional minutes from Barbara Meyer, distributed a handout, and noted to
Council that owners of homes in Old Town don't have the security of deed restrictions, so they have to depend
on the ordinances. She said she and her neighbors are concerned there will be excessive commercial activity in
the neighborhood, and she asked Council to consider a proposal that takes into consideration the needs of both
the bed and breakfasts and the neighborhood. She suggested in her handout two modifications to the proposed
ordinance. She also said in the ordinance under Section 8.6 there is a special events permit that is not
available at this time.
Speaker,
Carol
Rooke, said
she is
speaking for
her immediate neighbors who could
not attend. She said she
has lived
in her
home for 24
years
and she has
seen the peacefulness decline.
She
said
having a bed and
City Council Meeting Minutes/November 25, 2008
Page 4 of 9 Pages
breakfast in the neighborhood should not be an inconvenience to the neighboring homes. She asked for
limitations to protect the quality of life and the privacy of nearby residents.
Speaker, J. C. Johnson, told Council he has lived in Old Town for more than 20 years, and said he is concerned
about unlimited parties in the neighborhood; and the people of the neighborhood shouldn't have to call the
Police Department in order to find out if the function taking place at the bed and breakfast is conforming with the
law.
Speaker, Judy Fabry, told Council she has lived in Old Town for 15 years and she is in favor of restricting the
number of events that can be held at a bed and breakfast. She said she is very much in favor of bed and
breakfast establishments because they preserve the old homes in the neighborhood, but they shouldn't be able
to do that at the expense of the neighbors.
Speaker, Richard Cutts, explained some wording changes he would like to see in the ordinance, saying there is
no reference to "noise," and sometimes a limit of 25 guests might be too many for certain areas, limiting ability
of emergency vehicles turning around or accessing the area due to parking.
Speaker, Peter Dana, said he appreciates the Mayor having moved the item forward so residents can make
comments. He said he is in favor of bed and breakfast establishments but is against the ordinance amendment.
He mentioned several portions of the ordinance that he would like to see changed. He asked that the current
rule requiring events to be interior be retained.
Speaker,
Joe Burke,
said he
supports the proposed
amendment
except a maximum of events should be set
forth and
asked that
Council
approve the suggested
additions as
expressed
by Hewgley
and
Hanson.
Speaker, R. C. Lumpkin, told Council he is owner of a bed and breakfast and personally believes they bring
value to the City. He said there are currently three bed and breakfasts, well maintained and considered elegant.
He said they are shared with visitors and with residents in Georgetown. He told Council he lives there and to his
knowledge there has never been a complaint filed regarding noise involving a bed and breakfast. He listed the
types of "events" held at his bed and breakfast. He said he doesn't think bed and breakfast establishments
should be known as "party houses," and if a definition is necessary, convene the Task Force again for the
purpose of developing a definition and discussing the types of events that would be considered a disturbance of
the peace.
Mayor noted the Council also received three emails on the dais regarding opinions of the proposed ordinance.
Motion by Eason, second by Sansing to approve with one amendment, that under 5.02.145, Item B1 the
statement "may state the maximum number of events per year" should be removed and it should read: "The
application for a Special Use Permit for Bed and Breakfast with Events shall state the approximate number
attendees per event, ......." Eason said she served on the Task Force and has lived 28 years next door to the
Harper Cheshire House, saying they have been the best neighbors she has ever had, and no one seems to be
aware that there are regular events going on at the house. She read to the audience the exact restrictions in the
ordinance, saying the ordinance that went to the Planning and Zoning Commission was not the ordinance
recommended by the Task Force. She said she thinks people have been frightened by misinformation. She
said the house next door to her was dilapidated and falling apart until it was purchased and is now operated as
a bed and breakfast. Wyler was asked and confirmed there is a provision for violation of a special event permit.
Sansing suggested removing "full-sized microwave" and strengthening Section A-4 regarding information the
operator would have to receive from the guest to add permanent address. Eason called Lumpkin forward to
give his opinion as an operator. Eason agreed to add the removed items back into Section A-4. Oliver asked
and Wyler answered questions related to the number of guests and parking requirements in a special use
permit. There were further questions from Councilmembers. Lumpkin said the events at a bed and breakfast
are normal life circumstances that occur in many homes everyday. He said the events are not late-night rowdy
parties. There was continued discussion. Motion by Berryman to friendly amend to have the Task Force
define the types of events the bed and breakfast owners would like to see in their establishments. Eason asked
if the first reading could be adopted tonight and the changes made prior to the second reading at the first
Council Meeting in December, so this ordinance can be adopted prior to the Christmas holidays. Sattler
suggested that the current owners of the bed and breakfasts would probably not violate any of the Council's
current guidelines, but the ordinance needs to address what might happen in the future, so he thinks definition is
needed. Oliver asked that Council approve this ordinance on first reading, but asked there to be definition by
the second reading. Wyler said he would try to call a quick meeting of the Task Force and get the wording back
to Council by the next Council Meeting. Eason invited people to attend the Task Force meeting, saying it is
open to the public and the public could help the Task Force in their deliberations. Brainard emphasized this
policy is not about the current bed and breakfasts but about protecting the neighbors from whatever might occur
City Council Meeting Minutes/November 25, 2008
Page 5 of 9 Pages
in the future. Vote on the motion as amended: Approved 7-0.
Wyler asked Berryman to list the issues she wanted further defined. She asked for further definition regarding
larger events of 75 guests and over, smaller functions, and mid-size functions, and how many times they can be
held, but not to be addressed per month.
7:27 p.m. -- recess
7:38 p.m. -- resumed
The following item was brought forward.
EE Second Reading of a Rezoning for 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and for
7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Survey,
located near the intersection of Shell Road and Williams Drive -- Carla Benton, Planner 11 and Elizabeth
Cook, Director of Planning and Development
Benton explained the item and read only the caption of the ordinance on second reading. Motion by Oliver,
second by Brainard to approve the ordinance on second reading. Sattler asked about the property owner
comments, saying very few are dated. Benton said they were in response to the Planning and Zoning Meeting
in June. Sattler asked if they had all been contacted and Benton said they were notified prior to the first reading,
and she has not received any further communication from them.
Applicant, Paul Linehan, said a public hearing was held at the Planning and Zoning Commission and there had
been a misunderstanding about where the zoning was being changed. Vote on the motion: Ordinance
200840 approved 6-1. (Sattler opposed)
P Consideration and possible action to approve the award of bid for vehicles to Philpott Ford and Mac Haik Ford
in the amount of $301,377.00 -- Terry Jones, Support Services Construction Manager, Micki Rundell, Director of
Finance & Administration
Jones explained the item and asked to change the item to only the purchase of the two dump trucks from Mac
Haik Ford and re-evaluate the bids for the vehicles from Philpott Ford. Motion by Eason, second by Oliver to
approve the award of bid. Sattler asked if this delay would hinder any crews. Brandenburg said the employees
haven't yet been hired so the vehicles are not needed at this time. Ross asked and Rundell responded
regarding the need to go ahead and purchase the dump trucks due to the extra expense for more strict emission
controls for diesel vehicles coming in 2010. Berryman asked and Jones said the new total is $135,382.
Approved 5-2. (Brainard and Berryman opposed)
Garver noted that Brandenburg is doing an "extra" screening due to the economy and the impact on the City
budget.
O Consideration and possible action to award the bid for the parking improvement projects to Smith Contracting
Co., Inc. in the amount of $419,490.50 -- Terry Jones, Support Services Construction Manager, Micki Rundell,
Director of Finance & Administration
This item was handled earlier.
R Consideration and possible action to set the Solid Waste Fuel Cost Adjustment (SWFCA) at a price that will
recover the cost of fuel, over and above the base fuel cost included in the City's retail solid waste rates, for the
Solid Waste contract period of August 2007 — September 2008 -- Kathy Ragsdale, Utility Office Manager and
Micki Rundell, Director of Finance and Administration
Ragsdale explained the item, saying it has two components. She said the contract with Texas Disposal System
(TDS) says the City is required to offer them the wholesale rate for gas. She said the ordinance allows the City
to recover the adjustment $156,431.73 to be divided evenly at 76 cents per month charged on the utility bills
until paid off. She said this is paying off last year's debt that ended in September. Brainard asked if the utility
bills could not be increased, due to the fact that next year's bills will not be charged because the fuel costs are
lower right now. Briggs said the current rate is $3.22 per gallon for diesel, and the contract price was $2.60 for
September of 2007 to September of 2008; but in October, the cost was $3.11, so the City will receive a credit
from TDS next year. He said he wasn't sure the City could estimate forward. Berryman asked and Ragsdale
responded that the new total cost to solid waste utility customers will be $14.75. Oliver confirmed there would
be the additional charge this year, but possible credit next year. Sansing asked for clarification that the contract
City Council Meeting Minutes/November 25, 2008
Page 6 of 9 Pages
specifies $2.60 per gallon. Motion by Sansing, second by Berryman to pay TDS, but not increase rates until it
is found to be absolutely necessary at the end of this term. Sattler asked where the money would come from,
and Rundell confirmed that there is no Sanitation Fund, so it comes from the General Fund. Mayor asked and
Rundell said the $156,433.71 would come from the excess funds of $1.2 million. Oliver said he thinks if the City
delays charging the utility customers, the customers will expect the City to absorb the extra in the future. He
said he thinks it is cleaner to pass it on. Brainard said he will vote against Sansing's motion, but asked that the
City make sure they give the customers the information that this may go down next year. Berryman said if
there's money to do this, and during the current economic climate, there should not be an extra burden on
citizens in Georgetown. Eason asked and Briggs confirmed there still is a pass-through for LCRA on the utility
bill, and the City is absorbing some of that increase and not passing it along to the customer. Approved 5-2.
(Brainard and Oliver opposed)
S Discussion and possible action to approve an interlocal agreement between the City and the Georgetown
Transportation Enhancement Corporation (GTEC) regarding funding arrangements for the Williams Drive
project -- Micki Rundell, Director Finance & Administration
Rundell explained the item. She recalled to Council that the City has an arrangement with the County to go
forward with this project, saying Commissioner Covey asked the City to find a way to cash flow the County now.
Rundell said the City will issue $1.5 million in May, 2009 and 2010, and the debt service will be funded by the
Georgetown Transportation Enhancement Corporation (GTEC) to be repaid by the City at a later time. Motion
by Berryman, second by Sansing to approve the agreement. Approved 7-0.
T Discussion and possible action to accept a bid from Storm Sirens, Inc. of Norman, Oklahoma, in partnership
with Sentry Siren, Inc. for the turnkey installation of an outdoor warning siren system in the amount of
$214,000.00 -- Kevin Stofle, Assistant Chief of Police
Stofle explained the item. Motion by Sansing, second by Oliver to approve the bid. Ross said he met with
Stofle, and will not support the motion, saying there may be more appropriate systems come forward in the
future. Sansing said, where public safety is concerned, it is remiss of the Council to remove any method to keep
the citizens informed. When asked how the City would pay for the new system, Rundell said with one-time
money from previous years, probably from 2007. Ross said there are no cities in Texas that use this kind of
system. Vote on the motion: Denied 3-4. (Sattler, Berryman, Ross, and Brainard opposed) Stofle asked
Council to advise him as to how to proceed with the current system that only covers 17% of the City. Sansing
said he would like to see the existing system maintained rather than dismantled. Eason said she has heard
from her constituents that they want to keep the current system, having experienced the sirens for tornados in
the past. Brandenburg noted some of the sirens are over 20 years old, and other cities, as they have grown,
have discontinued their systems. He asked for Council's opinion of whether to maintain the current system.
Motion by Sansing, second by Sattler to use whatever money is needed to maintain the current system. Stofle
said the system is operable right now, but there is no estimate of what the cost for maintenance might be. Stofle
asked Council to consider "what is the expectation" of the citizens. Vote on the motion: Approved 6-1. (Oliver
opposed) Brandenburg said staff would look into and bring back to Council a voucher program with Wal Mart
for people to purchase weather alert radios in order to be proteced.
Items Forwarded from the Georgetown Utility System (GUS) Board:
U Consideration and possible action to approve Change Order #1 to the contract with Central Road and Utility,
Ltd to expand the scope of the project to include a 12" potable water line located on North East Inner Loop
near CR 151 required by the 2005 Annexations in the 16" Irrigation Water Line and Irrigation Pump Station
Improvement Project in the amount of $79,557.60. — Thomas R. Benz , P. E., System Engineering Director, Jim
Briggs, Assistant City Manager for Utility Operations
Benz
explained the item, saying this is
a cost-effective
way to meet the requirements for annexation. Motion by
Ross,
second by Sattler
to approve
the
Change
Order.
Approved
7-0,
V Consideration and possible action for approval of the contract with Lower Colorado River Authority ("LCRA") for
the purchase of electric distribution and transmission materials for FY 2008/2009 from vendor award
contract for the LCRA Electric Material Acquisition Program in the estimated amount of $500,000.00 -- Ken
Arnold, Energy Services Director, Jim Briggs, Assistant City Manager for Utility Operations
Sikes explained the item, saying this is an annual contract. Motion by Oliver, second by Ross to approve the
contract. Approved 7-0,
W Consideration and possible action to approve a Master Services Agreement with McCord Engineering, Inc.,
City Council Meeting Minutes/November 25, 2008
Page 7 of 9 Pages
of College Station, Texas,
for professional
engineering
services
-- Thomas R. Benz, P. E., Systems
Engineering Director, Jim
Briggs, Assistant
City
Manager
for Utility
Operations
Benz explained the item. Motion by Sansing, second by Sattler to approve the Master Services Agreement.
Approved 7-0,
X. Consideration and possible action to approve Task Order No. MEI -08-001 with McCord Engineering, Inc, of
College Station, Texas, pursuant to the terms of the Master Services Agreement, for professional services
related to General Electrical Engineering, Electric System Mapping, CIP Planning, and Master Planning of
the City of Georgetown's Electrical System for an amount not to exceed $290,000.00 -- Ken Arnold, Energy
Services Director, Jim Briggs, Assistant City Manager for Utility Operations
Benz explained the item, saying this is an "as needed" contract. Motion by Sattler, second by Ross to approve
Task Order No. MEI -08-001. Brainard asked and Benz told Council these services are ongoing. It was
determined that the City has been advertising for an electrical engineer for years, but has not been able to find a
qualified enginieer to fill the position. Sansing asked and Benz confirmed the fee for next year's services would
be lower due to the City not growing as fast. Approved 7-0,
Y Consideration and possible action to approve Task Order No. MEI -08-002 with McCord Engineering, Inc, of
College Station, Texas, pursuant to the terms of the Master Services Agreement, for professional services
related to New Development Engineering for the City of Georgetown's Electrical System for an amount not to
exceed $450,000.00 -- Ken Arnold, Energy Services Director, Jim Briggs, Assistant City Manager for Utility
Operations
Benz explained the item. Motion by Sansing, second by Berryman to approve Task Order No. MEI -08-002.
Approved 7-0,
Z Consideration and possible action to approve Task Order No. MEI -08-003 with McCord Engineering, Inc, of
College Station, Texas, pursuant to the terms of the Master Services Agreement, for professional services
related to Capital Improvement Planning (CIP) Project Engineering for the City of Georgetown's Electrical
System for an amount not to exceed $200,000.00 -- Ken Arnold, Energy Services Director, Jim Briggs, Assistant
City Manager for Utility Operations
Benz explained the item. Motion by Berryman, second by Sansing to approve Task Order No. MEI -08-003.
Approved 7-0.
Second Readings
AA Second Reading of an Ordinance amending Section 13.36.130 of the Code of Ordinances pertaining to setting
the culpable mental state required for a violation of Chapter 13, Section 36 at criminal negligence -- Cathy
Leloux, Court Administrator, Patricia E. Carls, City Attorney and Micki Rundell, Director of Finance &
Administration
Leloux read only the caption of the ordinance on second reading. Motion by Sattler, second by Oliver to
approve Ordinance 2008-66. Approved 7-0.
BB Second Reading of an Ordinance adding new Section 1.08.040 to the Code of Ordinances pertaining to a
culpable mental state for violations of the Code -- Cathy Leloux, Court Administrator, Patricia E. Carls, City
Attorney, Micki Rundell, Director of Finance & Administration
Leloux read only the caption of the ordinance on second reading. Motion by Berryman, second by Sattler to
approve Ordinance 2008-67. Approved 7-0.
CC Second Reading of an ordinance amending the City Code relating To "Authority of City Manager to Contract;"
adding new section relating to change orders; and adding new section relating to delegation of purchasing
authority by City Manager -- Marsha Iwers, Purchasing Manager, Micki Rundell, Director of Finance &
Administration
Iwers read only the caption of the ordinance on second reading. Motion by Brainard, second by Berryman to
approve the ordinance. Sansing expressed concern about the wording under Section 4.08.011 Contract
Change Orders, referring to the amounts allowed to be approved by the City Manager without going to the
Council. Carls said this ordinance tracks state law. Garver asked and Caris responded an analysis may need
to be done. Iwers said the change order policy says anything over $25,000 must come back to Council.
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Brandenburg said a maximum budget is set for each project and is approved by the Council, so if there is a
change order that goes over the budgeted amount, it goes back to the Council. There was further discussion.
Carts said this doesn't unilaterally allow a change in the contract, this is truly about dollars and strictly tracks
state law. She noted that mulitpile documents would need to be changed to conform with any changes from
state law. There was further discussion. Motion by Sattler to friendly amend to an aggregate limit of $250,000.
There was no second. Motion by Eason, second by Ross to postpone the second reading of this ordinance
until the first meeting in January, 2009. Approved 7-0.
DD Second reading of an ordinance amending Title 14 of the Code of Ordinances relating to franchises, repealing
expired provisions of Chapter 14.20; adopting a new Chapter 14.20 to establish a new franchise agreement
between the City of Georgetown and the Pedernales Electric Cooperative, Inc. for the provision of electrical
service within a portion of the City for a period of ten years, and that the City shall receive a quarterly
franchise fee for such use; providing for indemnification of the City; and requiring newspaper publication of the
full text of this ordinance in accordance with Section 8.03 of the City Charter -- Jim Briggs, Assistant City
Manager for Utility Operations and Patricia E. Carts, City Attorney
Briggs explained the item, saying the City has franchises with Pedernales to the west and TXU to the east. He
read only the caption of the ordinance on second reading. Motion by Sansing, second by Sattler to approve
Ordinance 2008-69. Approved 7-0.
EE Second Reading of a Rezoning for 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and for
7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Survey,
located near the intersection of Shell Road and Williams Drive -- Carla Benton, Planner II and Elizabeth
Cook, Director of Planning and Development
This item was handled earlier.
Public Hearings/First Readings
FF Public Hearing and First Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local
Commercial District for 10.55 acres in the Donagan Survey, located at 2451 State Highway 29, also known as
29 Oaks Subdivision -- Jordan Maddox, Planner III and Elizabeth Cook, Director of Planning and Development
Maddox explained the item, saying this rezoning will not go into effect until the 2008 annexations are effective
on December 31, 2008. He read only the caption of the ordinance on first reading after having satisfied the
requirements of the City Charter.
The Public Hearing was opened at 8:58 p.m. There were no comments. The Public Hearing was closed at 8:58
p.m. Motion by Sansing, second by Berryman to approve the ordinance on first reading. Approved 7-0.
GG Public Hearing and First Reading on an Amendment to the Unified Development Code (UDC) to revise
Sections 5.01.030, 5.02.140 and 16.04 as they relate to Bed & Breakfast establishments -- Robbie Wyler,
Historic District Planner and Elizabeth Cook, Director of Planning and Development
This item was handled at the beginning of the Legislative Regular Agenda.
The meeting was adjourned at 08:15 PM.
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