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HomeMy WebLinkAboutMIN 01.22.2008 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present. Council Absent. Patty Eason, Gabe Sansing, Keith Brainard, Bill ! All Council present Sattler, Pat Berryman, Farley Snell, Ben Oliver Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Terri Calhoun, Paralegal; Leticia Zavala, Controller; Jordan Maddox, Planner I; Ed Polasek, Principal Planner; Elizabeth Cook, Principal Planner; Keith Hutchinson, Public Information Officer; Tommy Garcia, Planner I; Anthony Lincoln, Fire Chief; Clay Shell, Assistant Fire Chief; Jennifer Bills, Housing Coordinator; Tom Benz, Systems Engineering Manager; David Munk, Development Engineer; Marsha Iwers, Purchasing Manager; Terry Jones, Support Services Construction Manager Mayor Nelon called the Workshop to order at 4:01 p.m. A Discussion and possible action regarding the Georgetown Fixed Route Transit Study and CARTS bus service -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Interim Director of Planning and Development Polasek explained that the Council was approached about a fixed route transit system about a year ago and the City has been working with CARTS, TxDOT, and the Comprehensive Plan Steering Committee; and with a grant from TxDOT, they have been able to hire a consultant. He introduced David Marsh, General Manager of the Capital Area Rural Transit Service (CARTS) Program of Williamson and Burnet County Opportunities (W BCO), who told Council that CARTS is standing ready to do whatever is decided by the Council regarding service. He said a plan has been developed by TxDOT, City staff, and the Consultant; and CARTS is ready to faciiltate whatever is needed. He said the public hearings were well attended; they received good information from the citizens; and they want to continue having hearings. He introduced Ken Hosen from KFH, who told Council there would be four vehicles operating in 1/2 -hour and one-hour service frequencies; bus stops every 1/4 mile with benches, bike racks and shelters, as appropriate; a downtown transfer center; fare of $1.00 with first month free; half fare for seniors, persons with disabilities, and students; and ADA complimentary paratransit for persons who cannot get to or ride the fixed route due to disability. He reviewed the estimated budget operations, saying the operating cost for the fixed route will be $733,200, and paratransit will be $186,030, with anticipated revenue of $87,984. He said the funding would come from CARTS for the paratransit at $186,030, and advertising and sponsors would provide $645,216. He also gave an estimated budget for capital expenses, saying much of the start-up capital will need to come from the City. He explained the proposed routes, saying most routes will operate every hour and serve most neighborhoods, businesses, schools, medical facilities. He noted that maps of the proposed routes were provided in the Council Agenda Packet. Nelon asked for the next steps for implementation. Polasek said his charge was to do a workplan (presented tonight) that turns into a budget proposal if Council tells staff to go forward. He said staff will need direction from Council about Saturday service and sponsorship for bus stops and shelters. Brandenburg said if it is Council's desire to do this, the start-up money will need to be allocated. Eason commended the members of the Fixed Route Transit Study Task Force, and noted that there were Council Workshop & Meeting /January 22, 2008 Pagel of 10 Pages people in the audience t had attended the public hearings. She aske, aff to "fine-tune" some of the locations for bus stops, and asked Marsh to talk about the intermodal facility that would connect to places other than Georgetown. Marsh said he would prefer not to start the service before next April, to give CARTS enough time to put this service together properly. He said if the City exceeds 50,000 in next population census, and if they are not paired with the Austin Capital Metro Transit Plan, the City will receive its own federal funds for transit projects. He said TXDOT receives the majority of the rural transit funding that comes to Texas at this time. He said CARTS will also make a sincere effort to get some money from the State to help start the service. Regarding intermodal, Marsh said it is currently in the final stages of gaining environmental approval for the site, saying they have gone through the complete environmental review and will go forward to the federal regulators soon. He said it should go to bid by May, saying it will provide a facility that is strategically located on the interstate to provide services and make connections to Capital Metro, etc. Eason noted there are medical services not proposed to be addressed at this time, but understands there needs the Council at this meeting. Approved to be a start somewhere and work toward other locations. Sattler asked for an outline of the scope of work that staff would need to do regarding this project. Polasek said the draft of the business plan is before Council today and when the contract ends with the consultant, staff will have to "fine tune" the budget proposal and speak to businesses regarding locations for bus stops to see if they want to be sponsors of shelters. Brandenburg said three years ago there were commitment letters from Southwestern and the Chamber of Commerce; but others wanted to see the business plan first, such as the Rivery, Wolf Ranch, Sun City, and the Wesleyan (still under construction at that time). Polasek said the staff will also need to talk to TxDOT if any of the stops will be on state roadways. Sattler asked if there is adequate staff to handle this or would consultants need to be hired. Polasek said he is the staff, and a consultant would not be needed, but there might be a need to consult with a design engineer if a curb cut is needed, etc. Sattler asked for the degree of accuracy on the final designation. Polasek said he hopes he will have a total number based on the ridership and sponsorship. Sattler asked if a ridership survey would be done. Hosen said public hearings have been and will be held, and telephone surveys could be done. He suggested that the percentages are typically 55 to 60% in favor, saying people surveyed may not ride, but would be in favor of the service. Nelon said he had served on the committee for the Dillo program in Austin in the 80's, saying people will wait to see if the service is dependable and then the ridership will increase. Sattler asked if there is an exit plan in case the ridership isn't reached. Hosen said they could do that, but the first thing would be to fine tune the system, revise the routes, and survey the potential riders to find out why they're not riding. He said in the plan they will show what should be done if ridership is lagging and when to "pull the plug." Sansing asked if there could be a stop in the "Ridge area" and stops closer to specific medical locations, such as cancer treatment centers and local community care centers. Hosen responded that some routes are already proposed to be revised, and said one of the proposed changes is to route a bus down Scenic Drive. Nelon asked if the City has any connection with Capital Metro, and CAMPO, and Polasek said the locations on Westinghouse with the proximity to Round Rock will probably establish Georgetown as a part of the "urbanized core." It was surmised that Georgetown will probably not be eligible as a "stand-alone" project; and therefore, would not qualify for the money through TxDOT. Motion by Sansing, second by Brainard to proceed with the planning for the bus route according to the comments made by the Council at this meeting. Approved 7-0, B Budget Planning and Process -- Micki Rundell, Director of Finance and Administration Rundell distributed handouts regarding the budget planning and the proposed calendar of activities, such as various planning workshops in the Spring and the budget balancing in July. She said the voting process occurs in August, with first reading of the ordinance at the second meeting in August and the second reading at the first meeting in September. She suggested Council plan their summer vacations around the schedule. She spoke about the upcoming budget being put into new format, to correspond with the proposals coming forth soon in the new Comprehensive Plan. She reminded Council about last year's notebook of priorities, and she and Brandenburg asked for Council's input on the steps of the process. Nelon suggested two things: (1) don't assume that something is redundant, because everyone needs a "refresher" to remember that a majority of the Council thought it a priority at the time; and (2) everyone needs to play by the same rules in setting priorities in order to enhance the majority rule process. Sansing suggested using a similar method to the one used last year. Brainard suggested some differences in rating regarding safety issues or offsetting revenues to facilitate payment to a program, and Rundell said those could be incorporated. Nelon advised Council if they prefer to change the process, to post an item on an upcoming agenda for discussion and consideration. Rundell reminded Council that the budget workbook is very large with extensive detail, and if they don't really need that much detail, knowing that Brandenburg has gone over it, to let her know, and they can have a smaller notebook without the detail; but, if they want the detail, staff will prepare the notebooks for them. She told Council staff will provide whatever is needed Council Workshop & Meeting /January 22, 2008 Page 2 of 10 Pages to make the decisions asy as possible. 5:00 p.m. -- Council recessed to Executive Session Executive Session 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. C Sec.551.071: Consultation with Attorney - 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 - Consideration and possible action to retain the law firm of Russell & Rodriguez, LLP to represent the City on TCEQ permit and contested case issues related to the City's wastewater treatment plants D Sec 551.072: Deliberations about Real Property Consideration and possible action to authorize a Possession and Use Agreement with Delia Cocke Griffin and Fayette Francis Griffin, husband and wife. related to the acquisition of real property necessary for the construction of certain public infrastructure improvements in connection with the 16" Sun City Irrigation Line Project -- Terri Glasby Calhoun, GUS Paralegal, and Patricia E. Carls, City Attorney 6:00 p.m. -- Adjourned Executive Session 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.) E Call to Order Mayor Nelon called the meeting to order at 6:00 p.m. G Comments from the dais Mayor Nelon welcomed the audience and gave a brief outline of meeting procedure. H Announcements and Comments from City Manager Brandenburg made the following announcements: The City will suspend enforcement of its Special Events Ordinance as to all demonstrations and assemblies that are on a public sidewalk or other public right-of-way that do not block the streets or driveways; that do not obstruct others who desire to use the sidewalk; and that do not block access to a public building, saying this action is being taken in response to questions regarding the legality of applying the ordinance to these types of events. He said it is staff's intent to review this issue quickly, and any recommended changes to the ordinance will be brought back to the Council. The City will hold elections for City Council seats for Mayor and Districts 2, and 6 on May 10, 2008, with the first day to file for candidacy being February 11, 2008, and the last day to file for candidacy being March 10, 2008. Public Wishing to Address Council As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. J Action from Executive Session There was no action from Executive Session. 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. K Consideration and possible action to approve the minutes of the City Council Workshop on Monday, January 7 and the City Council Meeting on Tuesday, January 8, 2008 -- Sandra D. Lee, City Secretary L Consideration and possible action to approve an award of bid to Lott Fence in the amount of $25,962.61for demolishing the existing fence and providing and installing new fence at the San Gabriel Adult Baseball Field -- Glenn Moss, Recreation Superintendent, Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Council Workshop & Meeting /January 22, 2008 Page 3 of 10 Pages This item was pulled to the Regular Agenda by Saltier for questions. M Consideration and possible action to authorize application for a Grant of $20,000.00 from the Lower Colorado River Authority Recreation/Bali Field Lighting Program to be used to help with the cost of the lights for San Gabriel Adult Baseball Field -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services N Consideration and possible action to authorize application for a 'Training Grant for $4530.00 from the Texas Commission on Fire Protection —Anthony Lincoln, Fire Chief O Consideration and possible action to authorize the purchase of Personal Protective Equipment used for Swift Water Rescues from Progressive Emergency Products for the amount of $24,377.20 — Anthony Lincoln, Fire Chief P Consideration and possible action to approve of payment to First Southwest Asset Management, Inc. for arbitrage February calculations ordinance history review, for the Georgetown 2030 Comprehensive Plan to replace the Century Plan: in the amount of $25,620.00 -- Micki Rundell, Director of Finance and Administration Q Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for certain public utility infrastructure improvements pertaining to the acquisition of real property from Celebration Church for public utility improvements -- Terri Glasby Calhoun, Paralegal, GUS, and Patricia E. Carls, City Attorney R Consideration and possible action to authorize a Possession and Use Agreement with Delia Cocke Griffin and Fayette Francis Griffin, husband and wife. related to the acquisition of real property necessary for the construction of certain public infrastructure improvements in connection with the 16" Sun City Irrigation Line Project -- Terri Glasby Calhoun, GUS Paralegal, and Patricia E. Carts, City Attorney S Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning a Wastewater Easement running through the proposed La Conterra Subdivision located between FM 1460 and Maple Street -- Tommy Garcia, Planner I and Elizabeth Cook, Interim Director of Planning and Development T Consideration and possible action to delay the First Reading of an Ordinance for a Comprehensive Plan Amendment until February 12, 2008 to complete an ordinance history review, for the Georgetown 2030 Comprehensive Plan to replace the Century Plan: Policy Plan, Development Plan, and Future Land Use Plan -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Interim Director of Planning and Development Motion by Sansing, second by Eason to approve the Consent Agenda except for Item L which was pulled to the Regular Agenda for questions. Approved 7-0. . s, =6 • ;;• . Council will individually consider and possibly take action on any or all of the following items: L Consideration and possible action to approve an award of bid to Lott Fence in the amount of $25,962.61for demolishing the existing fence and providing and installing new fence at the San Gabriel Adult Baseball Field -- Glenn Moss, Recreation Superintendent, Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services (Pulled from the Consent Agenda by Sattler for questions) Sattler asked how the rest of the budgeted amount of $60,000 would be used, and Garrett responded it would be spent to provide back stops to prevent balls from going into the stands, saying the backstop is included in the total fencing. Motion by Berryman, second by Eason to approve the award of bid. Approved 6-1. (Sattler opposed) U Consideration and possible action regarding inclusion of provisions addressing lawful employment in City bids and contracts -- Paul Brandenburg, City Manager Brandenburg explained the history of the item, saying no action was taken at the Council Meeting on December 11. He noted the landscaping contract, that was the subject of the item on November 27, 2007, contained sufficient language, and the contractor sent an additional statement of compliance. He said overall bid and contract language is in the process of being standardized, and the City will hire a part-time person to review all contracts. He said the language should track all state and federal law, noting the council packet contains the specific proposed language, and saying employers are to document an employee's identity within three business days of hire, according to federal law. He reiterated that this contract language is for those who do work for the City, and not for other contractors who happen to be working within the city limits; saying other businesses who hire workers, such as HEB, McDonaids, etc., especially any receiving state or federal money, must comply with federal law according to HB1196, He said the City has no intent to do enforcement, saying Council Workshop & Meeting /January 22, 2008 Page 4 of 10 Pages the process starts and end, h the 1-9 form. Speaker, Antonio Diaz, agreed that what Brandenburg stated is state law, and he said he doesn't see the need for implementing any more ordinances to create more policing, saying that is not within the realm of a municipality. He said he feels this proposal is totally unnecessary and will be seen as an intimidation tool. He cautioned the Council to not continue towards this end. He said when his group was in Georgetown on January 8, they were prohibited from doing a peaceful demonstration and their constitutional rights were violated. Speaker, Sherry Dana, said if everyone complies with federal and state law, this does not appear to be the answer to an existing problem. She said there are a large number of other federal laws to protect workers, such as workplace safety, minimum wage, overtime pay, child labor, and discrimination that need consideration. She asked if the City is more concerned about federal regulations for illegal workers than such things as child labor. She said all government regulations should be given equal weight. She asked that the City continue to use the statement: "Contractor shall employ all personnel for work in accordance with the requirements set forth by federal and state labor laws." She asked that the Council not bring further negative publicity to this town, and suggested that they reject all four of the suggested attachments. Speaker, Jesus Franco, from Round Rock, told Council the ordinance is mean spirited, saying the laws are already in existence. He said he didn't go to Arlington for baseball games or Six Flags activities this year because of what the cities in that area, like Farmers Branch, are suggesting. He suggested that cities work with the U.S. Congress to pass legitimate immigration laws. Speaker, Rita Gonzalez Garza, told Council she is the LULAC Co -District Director serving seven counties. She said she understands concerns that some councilmembers and citizens may have, but it is not the responsibility of the City to enforce federal immigration laws. She said employers are already responsible for complying with law. She said undocumented workers contribute to the local economy. Speaker, Peter Dana, encouraged Council to take a positive step toward supporting the entire community. He suggested if the proposed language addressed all local, state, and federal laws, it would be redundant. He asked if there is a real problem demanding city intervention and asked for evidence. He said this issue has a focus on a particular type of business and this language will increase the discrimination of citizens in Georgetown. He asked Council to honor the character and spirit of the community. Speaker, Jim Dillon said he can't believe the Council would allow the "criminal" employers to monitor the legality of their employees when they're the ones that are in non-compliance. He said Brainard has a lot of courage to come up with a simple process saying our laws should be enforced. He said the federal government has imposed their will on the people except in the one area where it is constituionally mandated in order to defend the border. He said the invasion from a foreign country is imposing a great burden on society, and taking the places in the workforce of the high school graduates who are having to go to Iraq for employment. Speaker, Gina Gayton, relinquished her time. Speaker, Jose Orta, told Council he is the President of LULAC and a graduate of Georgetown High School. He said he has an affinity for Georgetown, saying he went to seven different high schools before Georgetown. He said he disagrees with the recommendation by the City Manager proposing to change future contract language, saying those changes are not needed, because of current federal regulations. He said this language will create more work for small businesses, and even though there will be no policing, this causes the employer to "do the dirty work" and to discriminate; and the contractors will bear the burden of the extra cost. He said he provided a handout to give Council more detail and quoted statistics from the Comptroller's Office to show that undocumented workers pay a large percentage of sales taxes. Speaker, Janero Solis, said it is time for white Americans to fight for good blacks, good Mexicans, good Indians, and the good brown, yellow, and red. Speaker, Rhett Smith, thanked Council for the ability to address them, saying much of the nation and much of Texas is concerned about the issue of undocumented workers in America. He said the City should set the gold standard for upholding human rights and human dignity. He said he understands the actual contractors have not been out of compliance. He said he is speaking for LULAC and the Texas Indiginess Council. Speaker, David Coburn, told Council he is a painting contractor in Austin, and has done some work in Georgetown, but is not working directly for the City of Georgetown. He said a workforce is very difficult to come by. He said he does the 1-9 on all his employees. He said he pays social security, does withholding, and provides health insurance. He said he doesn't want the federal government to say he and other employers are responsible for the undocumented city workers, because the federal government will not allow him to verify social security numbers. Speaker, MaryEllen Kersch, says the City is using some terms that are damaging, saying the word "illegal" is perjorative, and the term "illegal alien" is especially perjorative. She said the words "Illegal," "undocumented," and "unauthorized" are specific terms, with specific meanings and can't be used interchangeably. She said she Council Workshop & Meeting /January 22, 2008 Page 5 of 10 Pages feels the rationale for the C )ecoming involved in this is that the City has ponsibility to ensure that all laws are to be followed. She said there will be collateral damage for enforcement, and if the City is trying to enforce, the proposed language is not specific enough. She suggested that the City would need to be enforcing not just documentation but require the same standard for all areas of the law, such as drivers license, vehicular insurance, periodic drug and alcohol testing, child support, income taxes, franchise taxes; and it should be expanded to include city officials, and board and commission members; otherwise, it would not be consistant. She claimed the actions that the City is considering are insulting to a large section of society. She recounted the story of her son in law who is in this country legally, but was almost deported because the government lost his address and were going to put him in jail, even though they admitted it was their fault. She said what the City is proposing validates the "scapegoating." She said she thinks the Council knows they can't fix the problem, and asked Council to bring the community back together. Snell reminded that the City is not dealing with an ordinance, but dealing with contract language being worked on in a general way. Motion by Snell, second by Oliver that: (1) In place of the language in Attachment A ("No contract shall be awarded unless bidder/respondent submits with its bid, proposal or statement of qualifications a certification that the bidder/respondent is in compliance with the Immigration and Nationality Act [8 U.S.C.A. § 1324a] relating to the hiring of unauthorized aliens."), the following language should be inserted in all standard City contracts: "Contractor, its employees, subcontractors and agents shall comply with all applicable Federal and State laws, the Charter and Ordinances of the City of Georgetown, Texas, and all applicable rules and regulations promulgated by all local, State and National boards, bureaus and agencies. Contractor shall further obtain and maintain all permits and licenses required, if any, for the performance of any services required hereunder." He noted the language was furnished to him at his request by the City Attorney. (2) Remove Attachment B from consideration, since the above language would be acknowledged as binding by the signature of the Contractor on the Contract and no further certification is required. (3) Remove Attachment C . since the prerogatives of the City in regard to termination are implicitly or explicitly provided in the Contract itself. (4) Remove Attachment D from consideration, since it deals with a distinct obligation of the City under Chapter 2264 of the Texas Government Code ("House Bill 1196), to do with "Public Subsidies." Such obligation requires no action on the part of the City other than compliance, and Attachment D is simply an example of the way the City would comply. Sansing said this motion verfies many things other than documentation, and he's glad to see this language. Sattler confirmed with Snell this would be all inclusive of all aspects in all contracts. Sattler asked and Snell said when the contract is extended, the language would be there, saying the signature on the contract is the acknowlegement that they comply. There was discussion as to whether non-compliance would be a breach of contract Oliver said he thinks it's very important to comply with federal, state and local laws and that the City is not in the enforcement position, just stating the obligations for the contractor. Sattler confirmed this is for contracts with the City, not in the city. Brainard says every elected official takes an oath to preserve, protect, and defend the constitution and laws of the United States, and Farley's proposal does that for him. Vote on the motion: ,approved 7-0. V Consideration and possible action to approve a professional services contract with Mullin & Lonergan Associates, Inc. to complete the Housing Element of the Comprehensive Plan in an amount not to exceed $55,000 -- Jennifer C. Bills, Housing Coordinator and Tom Yantis, Assistant City Manager Bills explained the item, sayng the Housing Element is a continuation of the Comprehensive Plan, saying the previous Century Plan called for a Housing Element, but it was never done. She said the element will look at the current housing stock and programs and decide whtat the city should do and guide in housing matters. She said she solicited qualifications, and a selection committee narrowed them down to three firms that were interviewed, and Mullin & Lonergan was selected because they had the most experience. She said this was a budgeted item of $55,000. Sansing said the City has been saying for a long time that we want affordable housing, but apparently have been going about it the wrong way. He asked if the City has given up and now decided to "go outside" and spend $55,000 for a consultant in order to accomplish affordable housing. Yantis responded this "going outside" is a part of the overall plan from the beginning in order to complete a broad range of policy proposals for the City to consider to address housing for all levels. He said diversity is one piece, and preparation of appropriate plans that allow the City to be eligible to compete for CDBG and HUD funds is a major part of it. Yantis said previously the Council was to consider a specific project, but had no way to measure the project against a strategy or set of policies. He said this is not just about housing affordable to low incomes, but about housing addressable to all incomes, saying by the time the City has 50,000 population, after the next census, these policies will be ready. He said he was on the interview team and he feels this firm is a quality firm that can accomplish what is needed. Council Workshop & Meeting /January 22, 2008 Page 6 of 10 Pages Sattler thanked Bills for he. 3sentation on affordable housing at Sun City rk. itly. He asked how much more past $55,000 it would take to get to the documents prepared to compete for funding. Bills estimated an additional $20,000. Sattler asked and Bills responded that the timeframe for completion is 10 months. Oliver asked that the financial information on the item cover sheet be in descriptive words, not Just account numbers for the line item budget to be used. Yantis said this is the first fiscal year where there is an actual housing department for this purpose. Motion by Sansing, second by Eason to approve the contract. Approved 5-2. (Berryman and Brainard opposed) W Consideration and possible action to approve the purchase of cellular and data phone service from Nextel dba Sprint and AT&T through the Department of Information Resource (DIR) State of Texas purchasing contracts in the estimated annual amount of $103,215.00 -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration Iwers explained the item, saying this will be for cell phones and blackberries used by City employees. She said this allows the City to be better able to keep cellular phone costs at a minimum. She noted the funds are budgeted within the telephone line items for the users' departments. Motion by Sansing, second by Eason to approve the purchase. Sattler asked about the differential, and Rundell said it will be used to pay for pagers, long distance charges, and other phone related charges. Sattler confirmed that the amount depends on the department and that the savings stay in the fund. Brandenburg said the list of employees shows the items are needed for efficiency on the job. Brainard confimred this item is for service only. Vote on the motion: Approved 7-0. X Consideration and possible action regarding approval of a professional engineering task order with Steger & Bizzell Engineering, Inc. for design of parking lots in an amount not to exceed $68,085.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance and Administration Jones explained the item. Motion by Snell, second by Eason to approve the task order. Sattler asked about consolidation of parking between the dog park and McMaster Field. Jones said they may have to split the parking, allowing some for each. Sattler said he doesn't think it is necessary to provide additional parking at the dog park. Nelon said every time he goes, there are 15 to 20 cars parking on the grass. Vote on the Motion: Approved 7-0. Y Consideration and possible action to approve a resolution calling the General Election on May 10, 2008, to elect a Mayor and Councilmembers from Districts 2 and 6 -- Sandra D. Lee, City Secretary and Patricia E. Carls, City Attorney Carls explained the item and said the contract and cost estimate are not quite ready from the County yet, but the form to be used is in the packet. She said the location of the polling places may change. Motion by Oliver, second by Brainard to approve calling the election. Lee stated that candidate packets are available at City Hall, saying the filing period begins February 11, but potential candidates may pick up the informatin any time. Nelon confirmed that the filing deadline is March 10. Approved 7-0. Z Forwarded from the Georgetown Utility System (GUS) Board 1. Consideration and possible action for the award of the annual bids for water meters and accessories to various bidders in the estimated amount of $297,108.00 -- Glenn Dishong, Water services Director, Jim Briggs, ACM for Utility Operations Dishong explained the item. Motion by Sansing, second by Berryman to approve. Approved 7-0. 2. Consideration and possible action to approve a contract amendment between the City of Georgetown and Camp, Dresser, McKee, Inc. (CDM) for professional services relating to the re -permitting of the City's wastewater treatment facilities in the amount of $61,260.00 -- Glenn Dishong, Water services Director, Jim Briggs, ACM for Utility Operations Dishong explained the item. Motion by Snell, second by Sansing to approve the contract amendment. Brainard asked if all the money goes to the contractor, and Dishong responded that a portion goes to the Texas Commission on Environmental Quality (TCEQ). Vote on the motion: Approved 7-0. 3. Consideration and possible action to approve the contract between the City of Georgetown and Russell & Rodriguez, LLP for legal services related to the re -permitting of Georgetown's wastewater treatment facilities in 2008 for an amount not to exceed $20,000.00 -- Glenn Dishong, Water services Director, Jim Briggs, ACM for Utility Operations Dishong explained the item. Motion by Berryman, second by Eason to approve the contract. Brainard confirmed that this is money to be paid to attorneys to navigate the TCEQ process. Carls said they also would represent the City in case of a contested case hearing. Approved 6-1. (Brainard opposed) Council Workshop & Meeting /January 22, 2008 Page 7 of 10 Pages 4. Consideration and possible .ion to award a contract to Cutler Repaving In( F Lawrence, KS, for the 2007 Street Rehabilitation project in the amount of $2,460,552.25 — Thomas R. Benz, P. E., System Engineering Manager, Jim Briggs, ACM for Utility Operations Benz explained that this is a new process on 15.3 miles of roadway, using a "green" process. He said a map was provided in the the packet to show where this paving would take place. He said this type of repaving has been done in Round Rock and other cities, including in Austin on "The Drag" 15 years ago. He said this item was recommended by the Georgetown Utility System Advisory Board. Sansing suggested doing a smaller amount of roadway at a time, but Benz explained that the contractor has to mobilize a huge machine to accomplish this project. Sansing confirmed that this is the same company used by Round Rock. Berryman asked, and Benz said there are just a few companies that do this process and the companies in the area that are willing to bid are the ones that were considered. Sattler asked how this timeframe makes this a worthwhile cost, and Benz explained that the regular process takes months, but this process accomplishes a mile a day. Sattler confirmed that any savings will go into the 1/4 cent sales tax fund. Motion by Oliver, second by Berryman to approve the contract. Approved 7-0. 5. Consideration and possible action for the award of the annual bid for miscellaneous streetlight material and lamps to various vendors in the estimated amount of $103,770.00 -- Paul Elkins, Electric Operations Manager, Jim Briggs, ACM for Utility Operations Elkins explained the item. Motion by Eason, second by Berryman to approve. Approved 7-0. Brainard asked and Elkins responded the City uses energy efficient bulbs in the street lights. 6. Consideration and possible action to extend the contract, between the City of Georgetown and Flowers Construction Company, L.P., for electric system maintenance and construction services and Electric System Construction Trenching and Conduit Installation for F.Y. 2008 in the amount of $2,500,000.00 -- Paul Elkins, Electric Operations Manager, Jim Briggs, ACM for Utility Operations Elkins explained the item, saying there was a type -o in the item summary, and the contract term is from March 2008 to February 2009. Motion by Eason, second by Snell to approve the extension of the contract. Approved 7-0, 7. Consideration and possible action for extension of the contract between McCord Engineering, and Georgetown Utility Systems, to provide engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion (due to development), and system mapping for an amount not to exceed $915,342.44 -- Randy Buchanan, Electric System Engineering, Jim Briggs, ACM for Utility Operations Buchanan explained the item. Motion by Eason, second by Sattler to approve the extension of the contract. Approved 7-0. AA Second Readings 1. Second reading of an ordinance amending the 2006/07 Annual Operating Plan Element (budget) due to conditions that resulted in year end budget variances; appropriating the various amounts thereof, and repealing all ordinances or parts of ordinances in conflict therewith -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration Zavala read only the caption of the ordinance on second reading. Motion by Eason, second by Oliver to approve Ordinance 2008-02. Approved 7-0. 2. Second Reading of an Ordinance to add New Section 2.49 to the Code of Ordinances relating to the Zoning Board of Adjustment -- Elizabeth Cook, Interim Director of Planning and Development Cook read only the caption of the ordinance on second reading. Motion by Eason, second by Berryman to approve Ordinance 2008-03. Approved 7-0. 3. Second Reading of an Ordinance Renaming a portion of CR 265 to Memorial Drive; renaming a portion of Airport Road to Berry Creek Drive; and naming a unnamed right of way Tin Barn Alley -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Interim Director of Planning and Development Polasek read only the caption of the ordinance on second reading. Motion by Snell, second by Sansing to approve Ordinance 2008-04. Approved 7-0. BB Public Hearings/First Readings 1. Public Hearing and First Reading on an Ordinance to amend the Unified Development Code (UDC) to revise Chapter 5, Zoning Use Regulations, to permit office uses in limited circumstances in the Residential Single -Family (RS) District and to create standards for those uses -- Elizabeth Cook, Interim Director of Council Workshop & Meeting /January 22, 2008 Page 8 of 10 Pages Planning and Developmen. Cook explained the item, saying the Council initiated and had staff proceed on an emergency basis to bring this amendment to the UDC forward for consideration. She said the zoning provided in this amendment would be limited to existing houses immediately adjacent to existing commercial or industrial uses that do not have a bufferyard; would require a site plan with a Special Use Permit application; and would limit signage, parking, and hours of operation, etc. She said the Planning and Zoning Commission recommended approval of the amendment but clarfified that the residential use had to share a common side yard with a commercial/industrial use. She said the special use process is not used often in Georgetown, but allows someone to make an application for the special use, saying it would allow the building to still look residential, but would allow the transitional use. She stated the minimum conditions attached to a special use permit. She said medical uses would be allowed in the special use process, but could be judged on a specific basis as to whether the chosen location would not be a good fit for the excess traffic generated and number of parking places required by medical uses, or Council could remove medical uses from the special use process. She said there might be 40 locations, at the most, that would qualify for this particular zoning, saying most are in the downtown area, but some are in other areas of Georgetown, as well. The Public Hearing was opened at 7:34 p.m. Speaker, Ellen Davis, told Council she owns a home in the Old Town section of Georgetown. She asked if this issue was brought to Council because a person bought a home and now wants to use it for commercial use. She said she doesn't think this is a good reason to change public policy. She also said this would be a problem on South Austin Avenue, saying she would be concerned about allowing this zoning on roads leading into downtown and even within downtown itself. She urged Council to not approve the ordinance. Speaker, Renee Hanson, representing the Board of the Heart of Georgetown Association, complimented staff on writing the ordinance, but said several of her neighbors have reviewed it, and they beleive there are still some concerns that have not been covered. She said Bob Hewgley will address the mutual concerns. She said this will effect many areas, whose homeowners purchased their properties in good faith that the area would stay residential. She said in the late 701s many neighborhoods were looking bleak, so a Master Plan was drafted and sent the message that homeowners could feel secure that their homes would remain residential. She said this appears as one last attempt to introduce commercial into residential areas. Speaker, Bob Hewgley, told Council he owns the house next to the Exon service station on Austin Avenue and is a member of the Main Street Advisory Board. He said he thinks Council needs a map as to where these specific houses are located, saying staff did well on the ordinance, but it lacks the detail as to what an owner can do with their property. He read from a list of recommended changes to the proposed ordinance, including removal of medical offices. Speaker, Trevor Dunham, told Council he lives in the downtown overlay district, and is concerned about the impact on the Old Town area. He said Old Town provides a gateway into Georgetown. He said he thinks this should be given to a task force or back to staff for more clarity. The Public Hearing was closed at 7:48 p.m. Sansing explained that he has no issues with this item, but asked Hewgley if a couple of weeks would be sufficient, and if that list of changes could be inserted between first and second readings. Sansing asked about offices for psychiatrists, or dentists, where the appointments would be every hour rather than every 15 minutes. Hewgley said there are quite a few scenarios that need to be thought out. He suggested the second reading at the second meeting in February would give enough time. Sansing expressed concern about the proposed privacy fencing making the property stand out more and look different from the neighboring property. Hewgley said that's another reason for allowing enough time to work out the details. Sansing asked Dunham if he cares about the rest of the City or just downtown Georgetown, and Dunham said he cares but doesn't know about the rest of the City. He said his reason for asking for a special task force was to have the time to look at each of the possible locations. He said he likes the idea of mixed use, such as restaurants and retail, that might provide enjoyment to the neighboring properties, unlike office space. Sansing said he appreciates Dunham's feedback. Snell said this ordinance and the question about South Austin Avenue are distinguishable, and he said he thinks the City plans to do a study on South Austin Avenue and get definition to that; and on the basis of the definition, the special use would come in. He said he is very sensitive to South Austin Avenue and wants to preserve it. Berryman said she thinks the due diligence has been excellent and asked that Cook work with the people that have spoken. Sansing suggested that the list of items be added to the existing list with the second reading at the second reading in February. Motion by Berryman, second by Sansing to approve as brought forward and that staff should work with neighborhoods and bring back the list of items provided by Hewgley and Hanson at the second meeting in February for the second reading. Oliver said he still believes an office zoning category is already in place and designed to deal with issues like this on whether or not to change a current piece of property to office zoning. He said he thinks the mechanism Council Workshop & Meeting /January 22, 2008 Page 9 of 10 Pages is already in place, but if tt, tdinance passes, he agrees to take into accoL_ hose steps as suggested by Hewgley and Hanson. Snell said the special use stops the trickle efrect. Sansing said he is concerned that issues sometimes take a political slant and he wishes there were some way that this could happen administratively to take the politics out of it. Snell said if it is done administratively it takes away the citizens' public knowledge of the action to be taken. Eason said this is a "shortcut" as far as letting someone know whether they have the option or not. Cook read the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Vote on the (Notion: Approved 6-1. Cook, (Oliver Interim opposed) Director 2. Public hearing and First Reading to rezone from Multifamily (MF) and General Commercial (C-3) to Planned Unit Development (PUD) for Gateway Northwest, Block A, Lots 1 and 2, Block B, Lots 1-7, and Block C, Lots 1-9 to be known as Sierra Ridge housing, located north of Northwest Boulevard on Washam Drive -- Jennifer C. Bills, Housing Coordinator and Elizabeth Cook, Interim Director of Planning and Development Bills explained the item and read the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. She noted that this is the Georgetown Housing Authority's housing development. With an overhead projection, she demonstrated the size and location of the proposed development and described the setbacks being requested in the development plan. She said this has been approved by the Housing Advisory Board and Planning and Zoning Commission and staff recommends approval. The Public Hearing was opened at 8:08 p.m. There were no comments. The Public Hearing was closed at 8:08 p.m. Motion by Snell, second by Eason to approve the ordinance on first reading. Sansing asked for clarification regarding the parallel parking on Washam. Berryman said she would vote against the rezoning because GTEC funds are being contributed. Vote on the motion: 5-2. (Brainard and Berryman opposed) Mayor Nelon recused himself and Mayor Pro Tem Sansing conducted the next item. 3. Public Hearing and First Reading to rezone from AG, Agriculture District to PUD, Planned Unit Development District for 355.96 acres in the Wright Survey to be known as Three Forks Ranch, located on Airport Road -- Jordan Maddox, Planner 11 and Elizabeth Cook, Interim Director of Planning and Development Maddox read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. He explained that this property is currently known as Booty Ranch on Airport Road, saying the 355 acres were annexed in 2006 and zoned agriculture. He said the applicant wishes to do a Public Utility District. He said the idea uses principles from new urbanism such as a mix of high and medium density uses, so a resident can live, shop and play in a general area with lots of pocket parks and links to the trail system. With the document camera, he showed the concept plan that he said generally follows the land use plan adopted in 2006 and meets with the new 2030 Plan. Brainard asked about the assumption for the future of Airport Boulevard. Maddox said it is the intention of the developer to do an agreement with the County to do a road district, and Airport Boulevard will be expanded. Developer, Gary Newman, said he put a "trigger' in the development agreement at 300 residential uses to form the district. Berryman asked about timeframe, he said end of this year or first part of next year. Berryman asked and Newman confirmed that the Booty's are keeping their homesead. The Public Hearing was opened at 8:15 p.m. There were no comments. The Public Hearing was closed at 8:15 p.m. Sansing pointed out the dashed yellow lines on the plan are a future road from the IH35 frontage road to Airport Road. Motion by Berryman, second by Brainard to approve the ordinance on first reading. Approved 7-0, Mayor Nelon returned to the dais and adjourned the meeting. The meeting was adjourned at 08:20 PM. Council Workshop & Meeting /January 22, 2008 Page 10 of 10 Pages City Secretary Sandra Meering Date / 1 ,e� 410 G Age Item No. 3 STATE OF TEXAS ) } COUNTY, OF WILLIAMSON } w I I, reside at & f) I am a member lof the (City Council or name of City board, committee or commission)of the City of Georgetown, and I hereby make this affidavit and on my oath state the following: "I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. "I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable). Ao "Substantial interest" I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity. I or a person related to me in the first or second degree have an ownership of $15,000 or more of the fair market value of the business entity. I or a person related to me in the first or second degree received funds from the business entity in excess of 10% of my/his/her gross income for the previous year. I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. B. "Economic Interest" I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. C. 469ther" " For reasons other than those listed above, I have a conflict of interest (,Please specify, e.g. Sec. 2.24.170 or other reason) Le 161`i f 7 Qx � 11ott1wtiec i141'✓0 m a .r"� /' r 2 zJ2%LA15cv,/V "Upon filing of this affidavit with the recording secretary and/or the City Secretary4 affirm that I will abstain from all participation, discussion and voting involving the matter identified in the above -referenced agenda item whatsoever. Further, Affiant sayeth not." Affiant's Printed 1*1 BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN TO AND SLJ13SCZWL _ SANDRA 0. LEE' MY COMMISSION EXPIRES January 8, 2010 Notary Public in and for the State of Texas - County of Williamson THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING. IF AFFIANT HAS CHECKED ANY OF THE MMS UNDER SECTION "A" RELATING TO "SUBSTANTIAL ]INTEREST," A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARYFOR THE CITY OF GEORGETOWN. Conflict of Interest Affidavit Rev. 8/25/2004