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