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HomeMy WebLinkAboutMIN 10.09.2007 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 Pat Berryman Sattler, Farley Snell, Ben Oliver Staff Present: Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Jessica Hamilton, Deputy City Secretary; Tom Yantis, Assistant City Manager; Mark Thomas, Economic Development Director; Heather Brewer, Urban Forester; Mark Miller, Director of Transportation Services; Tom Benz, Systems Engineering Manager; Jim Briggs, Assistant City Manager for Utility Operations; Eric Lashley, Director of Library Services; Micki Rundell, Director of Finance and Administration; Edward G. Polasek, Principal Planner; Bobby Ray, Director of Planning and Development; Travis McLain, Airport Manager; Leticia Zavala, Controller; David Morgan, Police Chief; Keith Hutchinson, Public Information Officer; Marsha Iwers, Purchasing Manager; Valerie Kreger, Planner 11; Terry Jones, Support Services Manager; Kathy Ragsdale, Utility Office Director; Regular Session - To begin no earlier than 06.00 P (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) C Call to Order D Pledge of Allegiance E Comments from the dais . Welcome to Audience and Opening Comments . Review of procedure for addressing the City Council Mayor Nelon welcomed the audience and gave a brief outline of Council Meeting procedure. . Economic Development Award Presentation Mark Thomas presented the Mayor with the CEDA Award. Mayor said Georgetown was honored at the Community Economic Development Association convention. Mayor said this year, at the CEDA awards, the City of Georgetown received the award for populations of 40,000 to 100,000. Mayor said he wants to tell everyone how proud the City is of Mark Thomas and his Economic Development staff. Thomas thanked staff, the Mayor, and the City Council for their support. He said this has been a very special year by landing Citigroup, the Texas Life Sciences Center, two other biotech companies, and a manufacturing company. He added this is a fantastic honor for the community and it honors all of the people who worked on these projects. . Mayor presented pins to four Georgetown Boy Scouts. F Public Wishing to Address Council . Sandra Taylor of Pedernales Electric Cooperative regarding update of PEC activities in Georgetown area Taylor presented a franchise check to the City in the amount of $17,200.56. She said Pedernales Electric has announced the opening of a new office at Oak Hill. She said the new office is located at 9115 Circle Dr. in Southwest Austin off of Highway 290. She said, last month, PEC announced their 2008 Youth Tour. She added, if you know someone who is a senior and has a guardian or parent who is a PEC member, they can apply for this trip to Washington, D.C. She noted the essay this year will be on developing an environmental plan to reduce your school's or community's carbon footprint. She said PEC is taking additional steps to boost City Council Meeting Minutes/October 9, 2007 Page 1 of 10 Pages its green power program at. ave a greater focus on conservation. - Dennis Perz regarding the 2007 State Native Plant Society Symposium Perz announced the 2007 State Symposium, organized annually by the Native Plant Society, will be held in Georgetown from Oct. 18-21 st. He said the events will be held at Sun City, the County, and further into central Texas. He said the Symposium is jointly sponsored by the Native Prairies Association of Texas. He added the Symposium will focus on the black land in Grand Prairies and grasslands of the Edwards Plateau. Perz said it will focus on efforts to identify, restore, conserve, and celebrate a natural treasure. He thanked the City of Georgetown and staff, Sun City, Dell Webb, and businesses in Georgetown for their help in planning this event. He said the program is open to the public and anyone who would like more information can call the following toll-free number: 830-997-9272. - David Osmar regarding beer and wine petition for local businesses Osmar spoke about the need for downtown businesses to obtain an on -premise beer and wine license. He said Nonna's loses $5,000 in revenue every month because they are not allowed to serve beer and wine in their establishment. He added Nonna's will never be rated a three or four star restaurant without an on -premise beer and wine license. Osmar displayed a list of establishments that currently have liquor licenses. He said the businesses on that list have come on board to help get signatures for the alcohol petition. He said they need 4,700 signatures by November 19th. He said to call Nonna's at 512-863-3442 or contact any of the businesses on the list previously shown if you would like to sign the petition. G Announcements and Comments from City Manager Brandenburg said the 13" Annual Haunted Hayride & Carnival will be held on Thursday, October 25, 2007 from 6-9 p.m. at the Georgetown Recreation Center. He added please contact the Georgetown Parks & Recreation Department at 930-3595 for more information. H Action from Executive Session Motion by Sansing, second by Oliver that the City Council authorize the City Attorney and City Manager to enter into settlement negotiations with the owner of property at the corner of 11th and Main Street consistent with the direction given in Executive Session last night. Approved 5-1 (Sattler opposed) (Berryman absent) Motion by Sansing, second by Brainard that the City Council authorize Kent Sick to settle the condemnation litigation concerning the property located at 705 N. Austin Avenue consistent with the direction given in Executive Session last night. Approved 6-0 (Berryman absent) 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. Consideration and possible action to approve the minutes of the City Council Meeting on Tuesday, September 25, 2007 and a correction to the minutes of the September 11th City Council Meeting -- Sandra D. Lee, City Secretary J Consideration and possible action to authorize Paul Brandenburg, Georgetown City Manager, to sign a contract permitting the Georgetown Public Library to receive direct financial aid in the amount of $13,271 from the Texas State Library & Archives Commission through the Loan Star Libraries Grant program -- Eric Lashley, Library Services Director and Randy Morrow, Director of Community Services K Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for approval of an allocation of $3,600.00 in Hotel Occupancy Tax (HOT) funds to the Georgetown Heritage Society for assistance with advertising the two day Holiday Home Tour in Historic Georgetown -- Shelly Hargrove, Tourism Director and Main Street Manager L Consideration and possible action to authorize a contract with Ampersand Agency to conduct the 2008 City of Georgetown Quality of Life Citizen Survey, in an amount not to exceed $20,000 -- Micki Rundell, Director of Finance and Administration Pulled to legislative agenda by Sattler. M Consideration and possible action concerning a Resolution Finding Public Convenience and Necessity and Eminent Domain Proceedings, if necessary, related to the acquisition of a 0.180 -acre water line easement and a 0.468 -acre temporary construction easement from Delia Cocke Griffin and Fayette Francis Griffin, husband and wife, in connection with the 16" Sun City Irrigation Water Line Project -- Terri Glasby Calhoun, Paralegal and Patricia E. Carts, City Attorney N Consideration and possible action to approve a request to place a bronze plaque in the Pilot's Lounge in the Airport Terminal -- Travis McLain, Airport Manager City Council Meeting Minutes/October 9, 2007 Page 2 of 10 Pages O Consideration and possible action to authorize the Mayor to sign a letter of support to the Lower Colorado River Authority for a Community Development Partnership Program Grant Application for Swift Water Rescue Equipment -- Paul E. Brandenburg, City Manager Motion by Snell, second by Brainard to approve the Consent Agenda with the exception of Item L which was pulled to the regular agenda. Approved 6-0 (Berryman absent) Council will individually consider and possibly take action on any or all of the following items: L Consideration and possible action to authorize a contract with Ampersand Agency to conduct the 2008 City of Georgetown Quality of Life Citizen Survey, in an amount not to exceed $20,000 -- Micki Rundell, Director of Finance and Administration Pulled from Consent Agenda. Sattler asked and Rundell confirmed the letter written to her was from Ampersand. Sattler asked and Rundell said there was no proposal. She said Ampersand has done the City's surveys since they started the process back in 2000. She added Ampersand changes the survey each year to meet the City's needs and they agreed not to charge more than what was charged two years ago. Sattler asked and Rundell said this is a contract letter and it will be legally reviewed before it is signed. P Consideration and possible action on an appeal from the decision of the Urban Forester denying two 'Tree Removal Permits for the property located at the Northeast corner of State Highway 29 and Wolf Ranch Parkway -- Heather Brewer, Urban Forester and Bobby Ray, AICP, Director of Planning and Development Ray explained the item and said three applications were filed for heritage tree removal permits for this site. On a map, Ray showed Council the location of the lot where these trees are located. He said the lot has fifteen protected trees on site and five of these trees are heritage oak. He added the applicant is seeking permission to remove three of the five trees and has filed an application for removal. Ray said the City's urban forester denied the permit for removal for two of the three applications. He added the third tree removal permit was approved due to the poor condition of the tree. He noted the applicant filed an appeal from staff decision to City Council and the reasons for the appeal have been provided to Council in the Agenda packet. Ray added there is no indication the applicant looked at any additional footprints as part of the analysis. He said staff felt, without reconfiguration of the lot or the building, there didn't appear to be any means of preserving the trees. He added staff feels there are other options which could save at least one of the trees. The options include reconfiguration or the lot or reorganization of the building. Speaker Jeff Mallett, the owner of the property, showed Council a landscape plan for his property. He said there are over 42 trees onsite and, of those, 12 are oak trees and 5 are heritage oak trees. He added, out of both of the lots he owns on that property, they will be saving 24 oak trees. On the landscape plan, Mallett showed Council the location of the trees that he is wanting to remove. He said, even though he is requesting removal of the three trees, they are willing to work with staff to save as many other trees as possible. He noted they are adding 28 additional trees, 17 of which are Oak. Speaker, Agnus Plutino, said she is speaking to Council as a concerned citizen. She added the heritage tree Ordinance was only passed recently and it has been working in some of the other site plans. She said tree A, as represented on Mallett's plan, should not be removed. She added she feels the property could be downsized. She spoke about other companies that worked hard to preserve the Heritage Oaks on their property. She told Council she feels it is very important that they deny these tree removal permits. Brainard asked about the ramifications if Council recommends staff to continue to negotiate on the property. Mayor said the vote is whether or not to ratify staffs recommendation to deny the tree removal. Sansing asked if the City is willing to modify our existing development ordinances so that the project can still happen. He added there has got to be a way to make it work without there being too much modification made to the building. Ray said, within the context of the Ordinance, there were some incentives that were provided giving staff the authority to reduce certain standards such as reduction in parking spaces, modification to sidewalks, and landscaping. Ray said they have tried to look through the plans to figure out a way to make this building fit and they were not able to come up with a solution. Sattler asked what the midigation would be for the developer if they decided to take the trees down. Ray said the midigation provided in the Ordinance is tree replacement on site, payment of a fee, or planting in a City park or another public owned property. Sattler asked and Brewer said the replacement for the 30 inch tree would be about 22 replacement trees. Sattler asked and Brewer confirmed, if the two trees were removed, there would have to be about 50 replacement trees. Ray said there is a revised plan that staff has not seen yet which addresses this issue. Sansing asked Mallet if they could move it to the adjacent part of the property. Mallet said he has paid a lot of money for this site and that they had laid out to accomodate a bank facility. He added they were not aware of the heritage oak Ordinance at the time they purchased the property. He said they are working as deligently as possible to preserve as many trees that they can. Sansing asked and Mallet said that there is no way they could move the locations of both buildings in order to accommodate the trees. Sansing asked Mallett if he knew about the heritage Ordinance when he purchased the property. Mallett said they have been working on other issues for the past 18 months, but they did not know City Council Meeting Minutes/October 9, 2007 Page 3 of 10 Pages about the Ordinance until ti pplication was made. Motion by Snell second by Eason to reject the appeal. Snell said the heritage tree Ordinance was a very difficult Ordinance to work through. He added the Ordinance was designed for heritage trees and there is no way to replace those trees. He noted this is the first time Council is looking at this issue and he is very unwilling to back off from protecting the trees. Sansing agreed, saying there has to be a willingness on the part of the developer and also the City to make the development work without removing the trees. Sattler ask and Ray said the compromise on this property would involve some reconfiguration of the lot and possible reduction in the size of the building. He added the urban forester has indicated, if the developer could make adjustments to save tree A, she may be willing to reconsider the permits for tree B. Mallet said the area was designed to create a flow for incoming and outgoing traffic with the adjacent building. He added they did consider pushing the building back, but they would have to remove more trees from the back of the lot. He noted the plan they decided on was the "lesser of two evils." Mallett said he understands he is asking for an exception, but the plan will create more tax revenue by having two buildings instead of one on the property. He added he feels it is better to lose two trees than fifteen trees that do not affect the Ordinance. Mayor said this is the test case for a relatively new Ordinance, but Council went through a lot of pain and effort to get the Ordinance on the books. Mayor added trees are very important to the citizens of Georgetown. Vote on the motion: Approved 6-0 (Berryman absent) O Consideration and possible action regarding suggested Unified Development Code (UDC) amendments for possible inclusion in the 2007-2008 UDC amendment process -- Bobby Ray, AICP, Director of Planning and Development Ray described the UDC amendments staff is proposing for the upcoming review cycle. He said the vast majority of the amendments are for minor adjustments and language clarification. He said they have carried forward the review for Bed and Breakfast standards for residential districts and staff will be putting together a Task Force on that issue. He said, following Council's review, there will be a public workshop on October 25th about these amendments. He added they will present the information gathered at the public workshop at the next available Council meeting. He said they are seeking Council approval to move forward with this list. He said the Planning and Zoning Commission reviewed and recommended approval of the list at their October 2nd meeting. Eason asked if they could coordinate the UDC and our City Ordinances, especially tree Ordinances, so that we do not have conflicts. Eason said, she is speaking particularly about asking property owners to plant trees. She spoke about the preferred plant list and that this list should be given to developers. Ray said they do not require people to use the preferred plant list, but it is strongly encouraged. Eason said she sees a problem with this because certain trees are particularly susceptible to Oak wilt. Eason added she wants to educate people on what kinds of trees to plant. Ray said her suggestions may be more appropriate for the Development Manual. He said he knows the urban forester was looking into adding material that pertains to trees to the Development Manual. Snell said he wanted to make sure the heritage tree Ordinance took priority over other regulations and categories in the UDC that may correspond or conflict with the same issue. Snell asked if there is something that can be done inside of the amendment process or through a policy that establishes priority between Ordinances and the UDC. Motion by Snell, second by Sansing to add a tree priority provision to be handled as a UDC Amendment and that it be studied between now and March. Approved 6-0 (Berryman absent) Motion by Brainard, second by Sansing to add a study concerning planting trees under utility lines to the UDC Amendment list. Approved 6-0 (Berryman absent) Motion by Snell, second by Sansing to move Item 2 regarding columbaria to the Emergency Provisions category. Snell said these are not permitted on church property. Ray said they are permitted in certain districts where churches are not located. Ray said it lumps columbaria, cemetaries, crematoriums, mausoleums, and memorial parks together. Snell said he knows it is slightly time sensitive and that there is a lot of emotion attached. Snell said all he wants to do is to treat Item 2 out of sequence with a second meeting in November. Oliver said he is not sure if it is really an emergency. He said he would like to restrict the Emergency Provision category to more clearly identified emergencies. Approved 4-2 (Oliver and Sattler opposed)(Berryman absent) Motion by Oliver, second by Eason to approve suggested Unified Development Code (UDC) amendments. Approved 6-0 (Berryman absent) R Consideration and possible action to provide staff direction concerning an ETJ Agreement with the City of Hutto -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Polasek explained the item and displayed a map of the proposed ETJ with Hutto. He said the staffs objective has been to square off the ETJ along existing property lines and roads. With a map, Polasek showed the Council the proposed location of the property line. He said, if Council approves this proposal, staff would bring back a resolution which would establish the line. Polasek said Hutto is about to annex property that will bring the City's ETJ closer to us. Oliver said and Polasek agreed this is something that is eminent in terms of a clash in property. Brainard asked and Polasek said there are residents living in the area, but they are not creating a situation similar to Gabriel's Overlook. Polasek said the City does not serve water, wastewater, or any utility provision in that area. Motion by Brainard, second by Eason to approve the ETJ Agreement. Approved 6-0 (Berryman absent) S Consideration and possible action to approve a Resolution approving the City of Hutto, Texas as a member of the Williamson County and Cities Health District-- Paul E. Brandenburg, City Manager City Council Meeting Minutes/October 9, 2007 Page 4 of 10 Pages Brandenburg explained the item and read the proposed resolution approving Hutto as a member of the Williamson County and Cities Health District. Motion by Sansing, second by Eason to approve the resolution. Approved 6-0 (Berryman absent) T Consideration of a resolution placing a name in nomination for the election of Directors for the Williamson County Appraisal District (WCAD) -- Paul E. Brandenburg, Ctiy Manager Brandenburg explained the item. He said, currently, the City of Georgetown is allocated 95 votes, GISD gets 535, and Williamson County gets 1,025 for a total of 1,655 votes. In the past, the school district, the county, and the City have pooled their votes together and they are asking to do that again this year. He said they would like to nominate Harry Gibbs for a position on the Board. He read the proposed resolution. Motion by Sansing, second by Eason to approve the nomination. Approved 6-0 (Berryman absent) U Consideration and possible action to appoint a temporary judge for Municipal Court -- Cathy Leloux, Court Administrator and Micki Rundell, Director of Finance and Administration Rundell explained the item and asked to appoint David Scott as a temporary judge for municipal court. She said the Charter requires the City to have a temporary judge in the event the municipal judge can not be in Court or has a conflict of interest. She said HR has gone through the application process and staff feels that David Scott would be qualified for this position. She added Scott is endorsed by the current municipal judge Randy Stump. Snell asked and Rundell confirmed this is the first temporary judge for Georgetown. Sattler said, on the application for employment, there is no checked option for whether or not Scott has plead guilty to the offenses listed in the section. Rundell apologized and said Human Resources does a background check on all applicants. Sattler asked and Rundell confirmed that staff can ask the applicant to check the box that applies. Motion by Sansing, second by Oliver to approve the appointment. Approved 6-0 (Berryman absent) V Consideration and possible action of an award of a bid for Police vehicles to Philpott Ford in the amount of $397,602.00 -- Terry Jones, Support Services Manager and Micki Rundell, Director of Finance & Administration Jones said staff received bids for 13 new police vehicles that were approved for purchase in the 2007-2008 vehicle internal service fund. He said these vehicles are shipped from the supplier fully equipped and street ready. He added delivery usually takes between 90-120 days. He said staff is recommending approval for the purchase of these vehicles from the only bidder responding, Philpott Ford, in the amount of $397,602.00. Motion by Snell, second by Brainard to approve the award of bid. (this motion was not acted upon) Brainard asked and Rundell confirmed, if Council approves item V, W, and Y, the City will be spending $20,000 less than what was approved in the budget. Rundell said staff tries to get the best estimates possible for the budget and, at the time they come in for bid, the price might be better than originally thought. Brainard asked and Rundell said the leftover money stays within the Internal Service fund, is used for reallocation, and lowers the amount that City would have to issue on debt. Brainard asked and Rundell said there will be cameras for these police cars, but they will be purchased separately from another vendor. Rundell said Council is not taking any action in regards to the cameras at this meeting. Sattler asked and Police Chief Morgan said the City has 69 police officers on staff and we are approved for 78. Morgan said the City currently has a one-to-one fleet program so, if there are 78 officers authorized, there will be at least 78 cars. Sattler asked and Morgan said some of the new cars will be replacement vehicles and some of the cars are for the new officers. Motion by Oliver, second by Eason to approve the award of bid. Approved 6-0 (Berryman absent) W Consideration and possible action to approve award of the bid for vehicles to Philpott Ford and Hewlett Chevrolet in the amount of $258,401.00 -- Terry Jones, Support Services Manager and Micki Rundell, Director of Finance & Administration Jones said bids were received for the purchase of 11 pickups approved in the 2007-2008 vehicle internal service fund. He said, for the past two years, the City has been purchasing hybrid vehicles for the purpose of reducing fuel consumption. He said this bid includes three additional hybrids, bringing the total in the fleet to 9. Brainard asked that, in the future, staff identify the amount that was approved for items such as these in the budget. Motion by Brainard, second by Eason to approve the award of bid. Approved 6-0 (Berryman absent) X Consideration of an award of a bid for Police motorcycles to Georgetown Honda in the amount of $87,772.00 -- David Morgan, Police Chief and Marsha Iwers, Purchasing Manager Morgan explained the item and said the staff recommendation is to purchase the motorcycles from Georgetown Honda, the only bidder responding. Mayor asked and Morgan said the amount originally budgeted for this purchase was $90,000. Motion by Eason, second by Oliver to approve the award of bid. Approved 6-0 (Berryman absent) Y Consideration and possible action authorizing library staff to purchase books from Ingram, Inc. in an amount not to exceed $120,000 for fiscal year 2007-08 -- Eric Lashley, Director of Library Services and Randy Morrow, Director of Community Services City Council Meeting Minutes/October 9, 2007 Page 5 of 10 Pages Lashley explained the item and said the Library staff evaluates each of the book vendors every year. He said they are recommending Ingram, Inc. because they offer a discount and have free shipping. Motion by Snell, second by Eason to approve the purchase of books from Ingram, Inc. Approved 6-0 (Berryman absent) Z Consideration and possible action to amend the development agreement between the City and 500 South Austin Ave, LP to revise the project schedule -- Tom Yantis, Assistant City Manager Yantis explained the item and said this location is going to be the new home of the Monument Cafe. He said the developer requests that the City make an adjustment to the project schedule to extend the construction completion deadline for phase two to 2012. Yantis said, currently, it is required to be completed by 2011. Mayor asked and Yantis confirmed that everything on this amendment has to do with the extension of completion of phase two. Mayor asked for Yantis to address the March 2006 commencement date and what has been intervening to this point. Yantis said the commencement date is set on the date of site demolition which, at the beginning, is to the advantage of the developer. He noted it catches up to the developer in the end because they only have a certain amount of years to complete construction once they have started. Yantis noted the City has approved extension on two other projects in the downtown overlay district. He said he thinks part of the problem has been market conditions and the complexity of doing redevelopment projects downtown. Mayor asked and Yantis said the City has not expended any of its money. He said the developer does not get any money back for public improvements until they have been constructed and accepted by the City. Sansing said the problem is there is a commitment from GTEC to help fund this project and he is worried that those funds will sit dormant if they are not used for its initial purpose. Yantis agreed and said the funds are being reserved. Mayor clarified and Yantis agreed that the staff has been told the demolition is what commences the project. Yantis said they are trying to be as flexible as possible for downtown development projects. Snell asked and Wikstern said the phase one construction on The Monument Cafe will start at the beginning of next week. Mayor asked and Winkstern clarified the produce market will be in phase two. Snell asked and Yantis explained how the reimbursement from GTEC works. Sansing asked and Winkstern confirmed that phase two is the only phase that is being requested to be pushed to 2012. Eason said, on the cover sheet that was provided, it says the first phase covers both the cafe and the market. Yantis said Winkstern will have to update that if that is not the case to make sure the site plan shows the market in phase two. Sansing asked if Council can move to make that change. Motion by Snell, second by Sansing to amend to move the market to phase two and to approve the original amendment. Sattler asked and Yantis said he does not know how much money GTEC has committed to phase one of this project. Yantis said, once the developer finalizes their site plan, they will have a better idea of what the funds will be. Sattler said he concerned that they are holding GTEC funding for this project for 6 years between 2006 and 2012. Sattler asked if Council can limit the amount of GTEC money to phase one and that they reapply for phase two. Yantis said this was possible, but Council would have to deny the amendment to the phasing schedule so that the project would be held under the current agreement and phase two completion would stay at 2011. Brandenburg said and Rundell confirmed there are other projects out there right now for which GTEC is holding money. Approved 6-0 (Berryman absent) AA Items Forwarded from the Georgetown Transportation Advisory Board: 1. Consideration and possible action on Williams Drive Progress Report, Surface Transportation Program — Metropolitan Mobility (STP -MM) funds and Pass -Through Financing as potential funding sources -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Polasek explained the item and said the portion of Williams Drive from FM 3405 to north of the future intersection of Ronald Reagan Boulevard is on track for a 0212008 bid and 04/2008 construction. He said the Williamson County Pass -Through Financing through TXDOT is funding this project. He said the Pass -Through Finance Agreement allows Williamson County to design, build, and maintain the project. He added, in the future, the City may get potential reimbursements from TXDOT for the number of trips on the roadway. Polasek said the Williams Drive section from D.B. Wood to FM 3405 is one of the state projects that has fallen under the recision. He said the actual total construction cost for that project is $11.4 million. He noted, by removing this project from the 2007-2008 TXDOT construction TIP, the City has a project ready for construction, the engineering and right-of-way acquisition is almost complete, and they are without funding. Polasek said the City has between $12 million and $13 million stranded and waiting for construction money. He said the City has three options to advance the project. He said the first option is to apply for pass-through financing from TXDOT. He said the only way to receive funding is if one of their other projects falls off of their list. He said the second option is to apply for the Metropolitan Mobility (STP -MM) funds through CAMPO. He noted the City can make an application for this funding, but would have to provide a $2.5 million local match. He said the actual application would be for $6.4 million in STP -MM funds. He said the third option is for the City to bond and pay the $11.4 million needed for construction. Polasek said they took these options to GTEC which recommended that staff move forward and apply for the Pass -Through Financing and to make the necessary application for STP -MM funding through CAMPO. He said staff hopes the City will get funding through one of those two ways. He said staff took this item to GTAB and they made the same recommendation. Mayor said thinks this is a good solution. He added the City is simply trying to ask everyone for every option possible and, hopefully, one will respond. Motion by City Council Meeting Minutes/October 9, 2007 Page 6 of 10 Pages Snell, second by Easo, approve the item. Approved 6-0 (Berryman a .1nt) 2. Consideration and possible action to approve a resolution approving the design of the College Street Bridge and recommending the Texas Department of Transportation to proceed with the final design and construction as presented; and establishing an effective date -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item and, with a slideshow, spoke about the history of the College Street Bridge Replacement project. He showed a current picture of the bridge and said it has been taking considerable damage. He noted, after two meetings with TXDOT and the Parks Board, the recommendation was to proceed with the final design and construction as presented. He said TXDOT's Off -System Bridge Replacement Program will pay for the bridge structure. He added 25% of the structure cost will be for approaches. He said Parks Board had asked for aesthetic considerations and TXDOT said the aesthetic considerations will generally be no more than 5% of project costs with Bridge Division approval. Miller added, due to the structure's location in San Gabriel Park, the Transportation Division has asked the Bridge Division to allow additional costs estimated at $200k. He said the Bridge Replacement Program will also fund the T-411 Church rail as well as the scenic overlooks at midspan, which was also a Parks Board request. He noted, since the City is raising the Bridge over the 100 year flood plain, this will allow for scenic views over both sides of the river. Miller said the program will fund up to 150% of the illumination costs of standard luminaire, the decorative formliner which was approved by the City, and a wet pond if it is required for water quality. He said the City will be responsible for any desired landscaping costs, the raising of College Steet, and pedestrian facilities located outside of the bridge structure. He said these pedestrian facilities include sidewalks, pedestrain switchbacks, and any pedestrian railing. Miller showed Council a slide of the project schematic as well as both the current and proposed design of the Bridge structure. He said there will be a traffic circle near the bridge in order to help with traffic problems in the Park. Sattler asked and Miller said only a portion of College Street is still in the 100 year flood plain. Sattler asked and Miller said that they would build this road above the 100 year flood plain in a future project, but it will not be involved in this current project. Miller said there are some downsides to changing the portion of the road that will still be below the flood plain. He said there are a few Oak trees that may be affected if the road is brought up above the plain. Brainard and asked and Miller confirmed that the raising of College Street is another issue to consider in the future. Benz explained the project profile and typical section. He said TXDOT estimated it would be about $1 million to get the section of College Street out of the 100 year flood plain. He added the Bridge structure itself, though, will be above the 100 year flood plain. Mayor said, even though the Bridge will be above the 100 year flood plain and the road will not, it is important that the City takes advantage of TXDOT's offer. Benz said there will be two twelve foot lanes with six foot shoulders and five foot sidewalks. Sattler asked and Miller confirmed they would have a 100 year flood plain bridge, but not 100 year flood plain roads. Briggs confirmed Sattler's comment that a certain portion of the road would not be usable in a flood event. He added this issue is going to be addressed at a later time. Sansing asked and Miller confirmed the roundabout would be wide enough for the TDS trucks. Snell asked and Briggs said, as long as the City gives permission, they can start construction within the coming year. Brandenburg said that roundabout is going to solve a lot of safety issues. Motion by Sansing, second by Sattler to approve the resolution. Approved 6-0 (Berryman absent) BB Second Readings I Mayor Nelon announced that the following ordinance would be handled at this time. 6. Second Reading of an Ordinance for a Comprehensive Plan Amendment to change the Future Land Use from Agricultural, Residential, Mixed Use, and Commercial to Residential, Mixed Use, and Commercial and the Intensity Level from 1, 33 4, and 5 to Intensity Level 3 for 1543.9 acres in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, located on Williams Drive and CR 245 -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Mayor recused himself. Mayor Pro Tem Sansing conducted this item. Polasek read only the caption of the ordinance after having satisfied the requirements of the City Charter. He said the application is for a Century Plan Amendment that would add approximately 320 acres to the already approved Somerset Hills development agreement. He said the area being added is to the West of CR 245. He noted the applicant is also looking at a mixed-use town center being in that area. Motion by Snell, second by Oliver to approve Ordinance 2007-68. Approved 6-0 (Berryman absent) 1. Second Reading of an Ordinance of the City of Georgetown, Texas, adding new Section 10.12.081 of the Code of Ordinances relating to rate of speed on FM 971 in the City Limits of the City of Georgetown; defining speeding and fixing a penalty therefore; providing a severability clause; repealing conflicting laws; providing for publication; and establishing an effective date -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller read only the caption of the Ordinance after having satisfied the requirements of the City Charter. He said this Ordinance will lower the speed limit on FM 971 from 55 to 45 miles per hour in both directions. Motion by Eason, Brainard to approve Ordinance 2007-63. Approved 5-0 (Sansing, Berryman Absent) City Council Meeting Minutes/October 9, 2007 Page 7 of 10 Pages 2. Second Reading of an Ordinance amending Section 2.36.010(D) of the Code Of Ordinances relating to Attendance Requirements for Board, Committee and Commission Members -- Paul E. Brandenburg, City Manager and Patricia E. Carls, City Attorney Brandenburg explained the Ordinance saying the the amendment will put in place a 70% attendance requirement regardless of excused or unexcused absences. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Brainard to approve Ordinance 2007-64. Approved 5-0 (Sansing, Berryman Absent) 3. Second Reading of an Ordinance amending Sections 12.48.010 and 12.48.020 of the Code Of Ordinances relating to Commissioners in Training for the Planning and Zoning Commission -- Paul E. Brandenburg, City Manager and Patricia E. Carls, City Attorney Brandenburg said this is the Ordinance regarding the P&Z members in training. He said, at the first reading, there was a small language change to the Ordinance. Brandenburg read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Snell, second by Eason to approve Ordinance 2007-65, Approved 5-0 (Sansing, Berryman Absent) 4. Second Reading of an Ordinance Renaming a portion of CR 102 to Lawhon Lane; renaming a second portion of CR 102 to White Eagle Pass -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Polasek said this item went before the street naming committee and no one spoke against or for this application at the public meeting that was held. Polasek read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Oliver asked and Polasek confirmed that "Lawhon" is a person's name, but it was approved by the street naming committee. Brandenburg said three of the property owners on that particular portion of CR 102 are Lawhons. Oliver asked and Brandenburg confirmed it met all of the City's street naming guidelines. Motion by Oliver, second by Eason to approve Ordinance 2007-66. Approved 4-0 (Sansing, Berryman Absent) Brainard was off the dais. 5. Second Reading of an Ordinance for a Comprehensive Plan Amendment from Intensity Level 1 to Intensity Level 3 for 10.55 acres out of the Isaac Donagan Survey to be known as 29 Oaks, located on Hwy 29 W. -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Polasek explained the item and said this plat has been submitted to staff and is consistent with Conservation Subdivision guidelines. He said the property is located next to the Shadow Canyon open space, and the plat that was submitted will extend the future protection of that area. Polasek read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Snell asked and Polasek said the only assurance the City has that the applicant will conform to the Conservation Subdivision is the application. Snell said and Polasek agreed the application is just the intention. Motion by Snell, second by Oliver to approve Ordinance 2007-67, Approved 5-0 (Sansing, Berryman Absent) 6. Second Reading of an Ordinance for a Comprehensive Plan Amendment to change the Future Land Use from Agricultural, Residential, Mixed Use, and Commercial to Residential, Mixed Use, and Commercial and the Intensity Level from 1, 37 4, and 5 to Intensity Level 3 for 1543.9 acres in the Frederick Foy and the Lewis P. Dyches surveys to be known as Somerset Hills, located on Williams Drive and CR 245 -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development This item was handled at the beginning of the Second Readings. 7. Second Reading of Ordinances for 1) a Comprehensive Plan Amendment to change the Intensity Map from levels 2, 3 and 5 to levels 3 and 5; change the Future Land Use from Residential to Multi -Family, Residential, and Office/Retail/Commercial; and to change the Overall Transportation Plan to re -align a collector -level road and 2) a Rezoning from AG, Agriculture to MF, Multi -Family, C-3, Commercial and RS, Residential on 159.177 acres in the John Berry Survey (Abstract 051), located at FM 971 and SH 130 -- Jordan Maddox, Planner II and Bobby Ray, AICP, Director of Planning and Development Polasek said item one is a second reading for two separate Ordinances. He reminded Council that this is the Hart Tract and explained the the proposed intensity and zoning changes in that area. He said the second reading was delayed while staff worked out the details of the Century Plan conditions. Polasek read only the caption of the ordinance after having satisfied the requirements of the City Charter. Sattler asked what happens if Jonah does not provide enough pressure for fireflow. Polasek said they could try to opt out of the Jonah system and get into the City system or they could build a tank to maintain fire pressure. Sattler asked and Polasek said that is the responsibility of the applicant in the platting process. Russell, the applicant, said he does not think it will be a problem to get the fireflow transferred to Georgetown's CCN. There was more discussion. Russell said the Hart family is willing to work with the City in regards to right of City Council Meeting Minutes/October 9, 2007 Page 8 of 10 Pages way or rearrangementL he property to make the collector system won_ rattler asked and Briggs said he does not think this property is with Georgetown electric but he will have to confirm that. Motion by Sattler, second by Brainard to approve Ordinance 2007-69, Approved 5-0 (Sansing, Berryman Absent) Polasek explained item two and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Oliver, second by Eason to approve Ordinance 2007-70, Approved 5-0 (Sansing, Berryman Absent) 8. Second Reading of an Ordinance to Rezone from AG, Agriculture district to C-1, Local Commercial District (21.41 acres), MF, Multifamily District (42.0 acres) and RS, Residential Single -Family District (20.0 acres) for two tracts totaling approximately 84.0 acres in the William Addison Survey, also known as the Gaddy Parcel, located at the southwest corner of CR 110 and SE Inner Loop -- Valerie Kreger, Planner III and Bobby Ray, AICP, Director of Planning and Development Kreger explained the item and said there was no opposition to this rezoning. She read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Brainard, second by Sattler to approve Ordinance 2007-71. Approved 5-0 (Sansing, Berryman Absent) 9. Second Reading of an Ordinance to Rezone from RS, Residential Single -Family district to C-1, Local Commercial district for approximately 0.24 acres being a portion of Lot 2, Block 1, of Highland Park Revised, located at 504 FM 1460 -- Valerie Kreger, Planner III and Bobby Ray, AICP, Director of Planning and Development Kreger explained the item and said there was no opposition to the rezoning. She read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Snell, second by Eason to approve Ordinance 2007-72. Sattler said, on the second page, the vote should be corrected to "Approved 6-0" because he was not at that meeting. Approved 5-0 (Sansing, Berryman Absent) 10. Second Reading of an Ordinance amending the 2007/08 Annual Operating Plan Element (budget) for adjustments related to the timing of projects -- Micki Rundell, Director of Finance and Administration Zavala explained the item and said this is a sister amendment to item BB -11. She read only the caption of the ordinance after having satisfied the requirements of the City Charter. Brainard said and Zavala confirmed they are moving budget items from one budget year to the next. Motion by Eason, second by Oliver to approve Ordinance 200743. Approved 5-0 (Sansing, Berryman Absent) 11. Second Reading of an Ordinance amending the 2006/07 Annual Operating Plan Element (budget) for end of year adjustments related to bond proceeds, grant revenue, timing of projects and elimination of deficit Sanitation Fund Balance -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration Zavala explained the item and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Oliver to approve Ordinance 2007-74. Approved 5-0 (Sansing, Berryman Absent) 12. Second Reading of an Ordinance amending definitions and qualifications within the wastewater rates in order to make the rate schedules more clearly applicable -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained the item and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Brainard to approve Ordinance 2007-75. Approved 5-0 (Sansing, Berryman Absent) 13. Second Reading of an Ordinance amending commercial utility deposit policy to more closely align the process with industry standards and encourage economic development -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained the item and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Oliver to approve Ordinance 2007-76, Approved 5-0 (Sansing, Berryman Absent) 14. Second Reading of an Ordinance amending the monthly fee charged for locking devices for commercial garbage containers -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained the item and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Oliver to approve Ordinance 2007-77, Approved 5-0 (Sansing, Berryman Absent) City Council Meeting Minutes/October 9, 2007 Page 9 of 10 Pages 15. Second Reading of an Ordinance amending utility collection and disconnection policies in order to incorporate new collection opportunities, more closely reflect cost of service, discourage utility non-payment, and align charges with industry standards. It also includes a provision for a penalty waiver for the disabled that was not included in the first reading -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained the item and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Oliver to approve Ordinance 2007-78. Sattler asked and Ragsdale clarified the penalty fee is required by a House Bill that was recently passed. She said the fee has been waived for the disabled and elderly over the age of 65. Approved 5-0 (Sansing, Berryman Absent) CC Public Hearings/First Readings 1. Public Hearing and First Reading of Ordinances for 1) a Comprehensive Pian Amendment to change the Future Land Use designation from Residential to Business Park for 50.62 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295 to be known as Longhorn Junction Business Park, and 2) a Rezoning from AG, Agriculture District to BP, Business Park District for 29.44 acres and to IN, Industrial District for 21.18 acres in the Lewis J. Dyches Survey, Abstract Number 180 and the Francis A. Hudson Survey, Abstract Number 295, located approximately 2,000 feet southeast of the intersection of SE Inner Loop and Blue Springs Parkway -- Elizabeth Cook, Principal Planner and Bobby Ray, AICP, Director of Planning and Development This item was pulled by the applicant. 2. First Reading of an Ordinance of the City Council of the City of Georgetown, Texas, denying the rate increase proposed by the ATMOS Energy Corporation, Mid -Tex Division; authorizing participation in a coalition of cities known as ATMOS Texas Municipalities ("ATM"); authorizing the hiring of lawyers and rate experts; requiring the reimbursement of municipal rate case expenses; fnding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date -- Jim Briggs, Assistant City Manager for Utility Operations Briggs explained the item and said it is related to the next round of rate increases as proposed by ATMOS Energy for provision of gas service within Georgetown. He added this is the sixth of five increases they have had over time. He said the City denied the last increase and received favorable rulings from the Railroad Commission. He said this resulted in favorable financial impact to the community. He said this rate increase will place a fee on people who are least able to make their payments. Briggs read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Sattler to approve the ordinance. Brainard asked and Briggs said, if we deny this request, there is no recourse against the City. Briggs said there are three particular options which are approval, suspension, or denial of the increase. He said, if Georgetown recommends denial, it is heard before the Railroad Commissionn who ultimately has jurisdiction. He said denial provides the City with "party status" in order to lay the case out before the Commission. Mayor asked and Briggs confirmed this Ordinance authorizes participation in the coalition. Briggs said ATMOS does not have recourse against the City. He added they will have to defend themselves before the Commission. Approved 5-0. (Sansing, Berryman Absent) Motion by Sattler, second by Brainard to adjourn. Approved 5-0 These minutes were prepared by Jessica Hamilton, Assistant City Secretary The meeting was adjourned at 08:27 PM. City Council Meeting Minutes/October 9, 2007 Page 10 of 10 Pages Attest; 64 rb r. � v44 1 Secretary Sandra Lee Meetir Date _ I Ager. em No. - 6n STATE OF TEXAS ) } CONFLICT OF INTEREST AFFIDAVIT COUNTY OF WILLIAMSON } I, iz E7 reside atG' I am a mem er of the (`, Z,(City ouncil 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). A. "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 tome 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. co 6�,,,l�ther" t ' For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason) i 5 s %�� a rr ' a� l 1r��ra r r x� iS z 2 !!60 "Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation, discussion and voting involving the matter identified in the above -referenced agenda tem whatsoever. Further, Affiant sayeth not." Affiant's Signature: _ Printed Name: Date: 101 o`, he ,. 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 JESSICA E. HAMILTON MY COMMISSION EXPIRES June 1, 2011 day of l 31ic in and for the Williamson 200_; Texas THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING, IF AFFIANT HAS CHECKED ANY OF THE ITEMS UNDER SECTION "A" RELATING TO "SUBSTANTIAL INTEREST," A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARY FOR THE CITY OF GEORGETOWN. Conflict of Interest Affidavit Rev. 8/25/2004