HomeMy WebLinkAboutMIN 09.25.2007 CC-Rt
The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
Gary Nelon presiding.
Council Present,
Patty Eason, Gabe Sansing, Keith Brainard, Pat
Berryman, Farley Snell, Ben Oliver
Council Absent:
Bill Sattler
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City
Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki
Rundell, Director of Finance and Administration; David Morgan, Police chief; Glenn Dishong, Water
Services Director; Bobby Ray, Planning and Development Director; Leticia Zavala, Controller; Mike
Mayben, Energy Services Director; Mark Miller, Transportation Services Manager; Roland Waits, Police
Captain; Rachel Osgood, Environmental Services; David Munk, Development Engineer; Dave Hall,
Inspections Director; Carla Benton, Planner Il; Mark Thomas, Economic Development Director; Dennis
Schoenborn, Information Technology Director; Shelly Hargrove, Tourism Director and Main Street
Manager; Marsha Iwers, Purchasing Manager; Elizabeth Cook, Principal Planner; Kathy Ragsdale, Utility
Office Manager; Judy Fabry, Library Administrative Assistant; Kevin Russell, Human Resources Director;
Valerie Kreger, Planner 11; Jordan Maddox, Planner 11; Cathy Leloux, Court Administrative Assistant;
Keith Hutchinson, Public Information Officer
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
Mayor Nelon called the meeting to order at 6:00 p.m.
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.
- Proclamation for Down's Syndrome Month
Mayor Nelon read the proclamation and presented it to Jullee Mapes and her daughter, Madison.
City Manager Comments:
Brandenburg made the following announcements:
There will be an Oak Wilt Educational Seminar on Tuesday, October 2nd, starting at 6 p.m. in the Training
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Room of the Williamson County Central Maintenance Facility in Georgetown at 3151 SE Inner Loop Road. See
the City's website at www.georgetown.org for more information or contact the Williamson County Extension
Office at (512) 943-3300. There is a charge of $5.00 per person to cover the costs of printed materials and
refreshments.
Art for Animals — A Chocolate Affair will be held on Sunday, September 30 as a joint fundraiser sponsored
by the Georgetown Animal Shelter and Georgetown Animal Outreach. The event starts at 2 p.m. in the
Community Center in San Gabriel Park, and concludes at 5 p.m. For ticket information contact the Georgetown
Animal Shelter at (512) 930-3592 or go to the City's website at www..qeorgetown.org.
The 2nd Annual "Up the Chisholm Trail" Event and Chuckwagaon Cook -Off will be held this Saturday,
September 29th. The event starts in San Gabriel Park at 9:00 a.m. and concludes on the Downtown Square
later that evening. Please contact 943-1670 or visit the Williamson County Historical Museum's website
httl2://wchm-tx.org/Chuckwagon 2007.htm for specific details regarding the event.
F Public Wishing to Address Council
As of the deadline there were no persons who wished to address the Council on items not already posted on the
agenda.
G Action from Executive Session
There was no action from Executive Session
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.
H Consideration and possible action to approve
the minutes
of the City Council Workshop
on Monday, September
10 and the City Council Meeting on Tuesday,
September 11,
2007 -- Sandra
D.
Lee, City
Secretary
Consideration and possible action to approve the declaration of surplus equipment and authorizing staff to
negotiate and execute a contract for auctioneering services -- Marsha Iwers, Purchasing Manager and Micki
Rundell, Director of Finance and Administration
J Consideration and possible action to approve the sale of surplus electric equipment to Alamo Transformer
supply company and to sell obsolete/scrap electric meters to Texas meter and Device Company -- Marsha
Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration
K Consideration and possible action to approve an inter -local operating contract between the City of
Georgetown and GTEC for the 2007/08 fiscal year -- Micki Rundell, Director of Finance and Administration
Sansing said he wanted to get "on the record" about what he and Rundell had discussed earlier in the day,
saying he wants to make certain that the Council will know how the sales tax will be used far in advance.
Rundell said it is included in the budget but they can, in the future, call more attention to it. Sansing asked and
Rundell noted she could share with the Council how items are funded.
L Consideration and possible action to approve Letter of Understanding with Brockway, Gersbach, McKinnon &
Niemeier, P.C. to perform the independent audit of City accounts for fiscal year ended September 30, 2007
--Leticia Zavala, Controller and Micki Rundell, Director Finance & Administration
M Consideration and possible action to approve an expenditure of $20,000 for business impact analysis and
consulting from Tyler Technologies, Inc., Incode Division to support recommendations of needs assessment
completed in August 2007 -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration
N Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board
for the approval of an allocation of $5,067.00 in Hotel Occupancy Tax (HOT) funds to The Palace Theatre for
assistance with advertising promoting the Palace Theatre -- Shelly Hargrove, Tourism Director and Main Street
Manager
Oliver asked if this is a one-time allocation or ongoing annually. Hargrove said this could be an ongoing
allocation, but that that specific question was not asked at the Board meeting. Oliver asked to see whether
there are repeat requests that would call for ongoing allocation. Hargrove said they do see repeat applications
such as basketball tournaments and other events. Hargrove said the Board feels if they bring "heads to beds"
the investment is a good idea. She said the amount they grant is based on the amount they are expected to
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bring in, saying recipients do come back with a follow-up report six months later.
O Consideration and possible action regarding contract for Municipal Court prosecutor services -- Patricia E.
Carts, City Attorney
P Consideration and possible action to approve payment for construction plans examination and field
inspection services provided by Bureau Veritas and ATS Engineering in the estimated amount of $407000 --
Dave Hall, Director of Inspections and Tom Yantis, Assistant City Manager
Brainard asked if outsourcing might be a better idea instead of hiring more city staff. Hall said dealing with
outsourcing is difficult. Brandenburg said every year, money is allowed for outsourcing during peak periods
when the staff are extra busy. He added the problem comes when the outsourced contractors are not familiar
with the City codes and the history of projects. Sansing said the turn around in plan review is very slow right
now and said Hall told him that it takes 30 days on a tenant finish -out. Sansing said that the big projects really
slow things down and he noted until more employees are hired, the City needs to consider outsourcing. Hall
said some projects he has outsourced have taken up to 90 days to get reviewed.
Q Consideration and possible action on a Preliminary Plat for 66.71 acres in the William Addison Survey to be
known as Pinnacle Subdivision Phases 2 - 4, located south of the Inner Loop and east of the future extension
of Maple Street -- Elizabeth Cook, Principal Planner and Bobby Ray, AICP, Director of Planning and
Development
Eason said
she
wants to
make
sure that there will be
enough land for the right of way for the MOKAN. Munk
responded
that
the right
of way
will come off the west
side.
R Consideration and possible action on a Final Plat of the Resubdivision of Lot 32, Logan Ranch, Section 1,
located at 331 Logan Ranch Road -- Carla Benton, Planner 11 and Bobby Ray, AICP, Director of Planning and
Development Services
S Consideration and possible action on a Revised Preliminary Plat of Teravista Subdivision, Sections 310,
311, 312 and 313, located at the intersection of Westinghouse Road and FM 1460 -- Carla Benton, Planner 11
and Bobby Ray, AICP, Director of Planning and Development Services
T Consideration and possible action to recommend renewal of the contract between the City of Georgetown and
Infrared Technology Services, for the Electric Utility System Infrared Inspections Services, in the amount not
to exceed $20,000.00 -- Mike Mayben, Energy Services Director and Jim Briggs, Assistant City Manager for
Utility Operations
U Consideration and possible action to execute an amendment to the Joint Operating Agreement between the City
of Georgetown and Chisholm Trait Special Utility District -- Glenn Dishong, Water Services Director, Jim
Briggs, Assistant City Manager for Utility Operations
V Consideration and possible action to approve the purchase of Concrete Repair Services form J&A Concrete, of
Georgetown, Texas, in the amount not to exceed $45,000.00 -- Glenn Dishong, Water Services Director, Jim
Briggs, Assistant City Manager for Utility Operations
Motion by Sansing, second Oliver to approve the Consent Agenda in its entirety. Approved 6-0. (Sattler absent)
Council will individually consider and possibly take action on any or all of the following items:
W Consideration and possible action to approve the purchase of False Alarm Tracking and Billing software from
EnablePoint Corporation, Livonia, Michigan to implement the City's false alarm ordinance with the total first year
cost to the City of $66,495 for personnel, equipment and software — Roland Waits, Police Support Services
Bureau Commander and David Morgan, Police Chief
Morgan explained the item. Motion by Sansing, second by Eason to approve the purchase. Brainard asked
what would be done with any leftover revenue in the Police department. Morgan said any extra revenue will be
monitored and the fee structure might be revised next year. Brandenburg said the false alarm tracking and
billing system will provide results on the new program that will include the amount of fees, fines, repeat
offenders, etc. Brandenburg added that they will be back with a full report of the program after twelve months
since it is so new. Oliver suggested they keep this program relatively revenue neutral. Brainard asked about the
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fee being charged by the vendors and asked why there were no bids for this project.
Motion by Brainard, second by Berryman to amend to issue an RFP for this software. Snell asked if the Police
Department had any reasons not to send bids out for this project. Waits said he met with seven vendors and
invited three vendors to come and talk. There were varying prices for varying specificationss. He said the
chosen company has good references, including Williamson County. Eason suggested the Police Department
do a report of all the people they contacted which might be faster than going through an RFP. Sansing asked
for an estimate of what it might cost to do the RFP. Waits said it would be substantial, but he doesn't have a
ballpark figure at this time. There was further discussion. Eason suggested the Police Department record the
work done to secure a vendor next time something like this comes up. Vote on the motion to amend: Tied
3-3 (Eason, Oliver and Snell opposed). Mayor broke the tie and the motion was defeated. Vote on original
motion: Approved 4-2. (Berryman and Brainard opposed)(Sattler absent)
X Consideration and possible action to approve a contract renewal for licensed electrician services to Mercury
Electric Company in the estimated annual amount of $60,000.00 -- Marsha Iwers, Purchasing Manager and
Micki Rundell, Director of Finance and Administration
Iwers explained the item. Motion by Sansing, second by Oliver to approve the contract renewal. Approved
6-0. (Sattler absent)
Y Consideration and possible action to authorize the purchase and installation of audio and video equipment in
the new Communications and Technology Building from Ford Audio -Video in an amount not to exceed $139,000
-- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance and
Administration
This item was pulled by staff.
Z Consideration and possible action to approve a resolution expressing official intent to reimburse net costs for
the purchase of the 2007/08 General Capital Projects and Equipment, as well as Water Services and Electric
Improvements, not to exceed $17,033,837 with proceeds from bonds that will be issued at a later time -- Micki
Rundell, Director of Finance and Administration
Rundell explained the item. She listed the items included in the Capital Projects and Equipment and Water
Services and Electric Improvements. Motion by Snell, second by Eason to approve the resolution. Sansing
clarified that this includes the replacement of the Oak Tree Bridge in Berry Creek. Vote on the motion:
Approved 64. (Sattler absent)
AA Public Bearing on the taxation issue regarding Goods In Transit, as required by the State Constitution -- Micki
Rundell, Director of Finance and Administration
Rundell explained this was added to a bill before the Legislature, but the impact on the City is not identifiable at
this time; saying without this resolution, the exemption goes into effect automatically on January 1, 2008. She
said the City was advised by Williamson County that they are also choosing to wait; the issue was reviewed by
staff, and the determination was to wait and not vote on this at this time. The Public Hearing was opened at
6:33 p.m. There were no comments. The Public Hearing was closed at 6:33 p.m.
BB Consideration and possible
action to approve a
resolution expressing official
intent not
to exempt goods in
transit from property taxes
as allowed by state
law -- Micki
Rundell, Director
of Finance
and Administration
Rundell explained the purpose of the resolution as allowing the staff more time to further determine the impact
on the property tax revenue. Motion by Snell, second by Oliver to approve the resolution. Approved 6-0.
(Sattler absent)
CC Consideration and possible action to approve fiscal year 2007/08 annual support services and contract
renewals for Information Technology vendors providing services and support to the City of Georgetown for a
total amount of $696,000 -- Dennis Schoenborn, Information Technology Director and Tom Yantis, Assistant
City Manager
Schoenborn explained the item, saying the amount is now reduced to $661,000. Contract renewals in two
categories: support services and maintenance agreement renewals, and for vendors of computer systems and
applications. He said all are covered by the approved budget. Motion by Sansing, second by Eason to approve
the contract renewals. Approved 6-0. (Sattler absent)
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DD Consideration and possible action regarding approval for a not -to -exceed increase amount from $120,000 to
$180,000 for hardware, software purchases, and professional services with Software House International,
Inc. — Dennis Schoenborn, Information Technology Director and Tom Yantis, Assistant City Manager
Schoenborn explained that the purpose of this approval request is because an additional $60,000 is needed to
purchase an uninterruptible power supply (UPS). The new UPS will replace one previously purchased that is
not adequate for the need, with a difference of $20,000 which will come from savings in the Information
Techonology Budget. He said the urgency is because the purchase order must be issued tomorrow to be
included in this year's budget. Rundell clarified the funding process. Sansing said in the future he would like to
have notice about this type of need more than 24 hours in advance. He said he will vote against it because he
hasn't had time to examine it further. Motion by Eason, second by Oliver to approve. Approved 5-1. (Sansing
opposed)(Sattler absent)
EE Consideration and possible action to authorize staff to create a Tax Increment Reinvestment Zone over
certain property within the Rivery Park subdivision to facilitate the development of a Hotel/Conference Center
and to make improvements to the public parkland adjacent thereto -- Tom Yantis, Assistant City Manager
Yantis explained that this reinvestment zone in the Rivery Park Subdivision is an incentive to the Ledgestone
Group, developers of the hotel/conference center, and is to be used to fund public improvements to the parkland
there. He explained the TIRZ program, saying there are several eligible public improvements that could be
financed by this zone. He said the only thing they are asking from Council is to get this zone in place, saying
they will come to the Council at a later date to seek approval of the plan as well as an ordinance to create the
zone. He added they want to try to get this zone created by the end of calendar year 2007. He said the statute
requires a 60 -day notification prior to the public hearing being held, so the Public Hearing and First Reading will
be at the Council Meeting on November 27. Mayor clarified that this motion is simply the Council's intent and, if
Council wants to change anything about it, they can change their intent. Motion by Sansing, second by
Berryman to approve the creation of the zone. Snell said this means that once this base is set, the only property
tax coming to the City in the future is on what the property was worth before it was developed; saying all new
property tax will go to the TIRZ to fund improvements. Oliver asked and Yantis said these zones can last for 30
years, but this one is being requested to last 23 years. Vote on the motion: Approved 6-0. (Sattler absent)
FF Discussion and possible action to approve a Performance Agreement regarding Orthopeutics, L.P. -- Mark
Thomas, Economic Development Director and Paul E. Brandenburg, City Manager
Brandenburg said GEDCO approved a resolution and Performance Agreement with Orthopeutics, L.P. on
Monday, September 17th for up to $18,000. He said the dollar amount came from funding six jobs at $3,000
each. Orthopeutics asked that they be allowed to ask for future incentives in the future. Brandenburg said if
Orthopeutics creates more jobs on top of the six that are set, there is no guarantee that the City will provide
them with funding. Motion by Eason, second by Berryman to approve. Approved 6-0. (Sattler absent)
GG Discussion and possible action regarding naming Oak Tree Drive (Berry Creek) Bridge to "Fred A. List, Jr.
Memorial Bridge" -- Paul E. Brandenburg, City Manager
Brandenburg explained that the Renaming Subcommittee convened on September 19, and determined the
bridge should not be renamed because it does not meet the naming guidelines. He added the subcommittee is
recommending that a memorial placque be placed when the bridge is replaced.
Speaker, Charlie Barton, displayed drawings of the area where the bridge will be constructed. He also explained
the road network in the Berry Creek subdivision and said it has 997 homes. He added a third of these homes
exit the neighborhood by using the Oak Tree Drive bridge. He spoke to Council regarding the time it would take
an emergency vehicle to get into that area and said it would be delayed if the bridge is under water. He said the
construction of the bridge is necessary and should be done as soon as possible.
Motion by Sansing,
second by
Berryman to
agree with the recommendation of the naming committee and affix
a memorial placque
to the new
bridge when
constructed. Approved 5-1. (Oliver opposed)(Sattler absent)
HH Consideration of approval of a resolution authorizing Social Service funding agreements between the City of
Georgetown and Assistance League of Georgetown Area; Bluebonnet Trails Community MHMR Center -PRIDE
Early Childhood Intervention; Capital Area Rural Transportation System; Faith in Action Caregivers -Georgetown;
Family Eldercare, Inc.; Georgetown Community Service Center dba The Caring Place; Habitat for Humanity for
Greater Georgetown, TX; Literacy Council of Williamson County; Lone Star Circle of Care; Senior Center at
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Stonehaven; Williamson -Burnet County Opportunities Inc.; and Williamson County Crisis Center, and for these
agencies and organizations to continue to provide services for the citizens of Georgetown -- Paul E.
Brandenburg, City Manager
Brandenburg explained the item. He listed the 12 organizations that would receive Social Service funding.
Motion by Snell, second by Sansing to approve the agreements. Berryman reminded Council that it was the
opinion of the Council that a Subcommittee be formed to review the procedure for determining funding. Vote on
the motion: Approved 6-0. (Sattler absent)
II Consideration of approval of a resolution authorizing a funding agreement between the City of Georgetown and
the Williamson County and Cities health District for this agency to continue to provide services for the citizens
of Georgetown -- Paul E. Brandenburg, City Manager
Brandenburg said the Health District is working to get the remainder of the cities in Williamson County to join the
District. He added Leander is not yet part of the District, and members from the District are going to meet with
the Mayor of Leander to discuss the positives of joining the District. This resolution approves and authorizes the
Mayor to execute the renewal, funding, and in kind services provided by the Williamson County Cities and
Health District. Motion by Berryman, second by Oliver to approve. Approved 6-0. (Sattler absent)
JJ Consideration of approval of a resolution authorizing Children's and Youth Program funding agreements
between the City of Georgetown and the Boys and Girls Club of Central Texas, the Georgetown Cultural
Citizens Memorial Association, Georgetown Partners in Education, the Georgetown Project; Georgetown
Palace Theatre, and the Getsemani Community Center, and for these agencies and organizations to provide
services for the citizens of Georgetown -- Paul E. Brandenburg, City Manager
Brandenburg read the caption of the resolution, listing the organizations to receive Children's and Youth
Program funding. Motion by Eason, second by Brainard to approve the funding agreements. Approved 6-0.
(Sattler absent)
KK Consideration and possible action to authorize the Mayor to execute a contract with Matthew & Company for the
purpose of video taping City Council Meetings -- Paul E. Brandenburg, City Manager
Brandenburg said Matthew and Company has been taping City Council Meetings since 2000-2001. He added
the cost of service has increased by less than 5% per year, but the issue is that we are needing to expand our
program to cover more than Council meetings such as Planning and Zoning Commission, the recreational park,
as well as community events on the Square. He said, with the money saved from the contract and from the
school district, the City is able to fund a part-time position that will do the videotaping of the events and work
with the cable channel. He added they also have $20,000 that came from Cox cable which has been brought
forward to purchase equipment. Brandenburg said the contract will be for six months. Motion Eason, second by
Oliver to approve the contract. Approved 6-0. (Sattler absent)
LL Forwarded from the Georgetown Utility System (GUS) Advisory Board:
1. Consideration and possible action to award site fencing bid for the Transfer and Collections Stations to
Lott Fence of Georgetown, Texas in the amount of $52,359.32 -- Rachel Osgood, Environmental Services
Coordinator and Jim Briggs, Assistant City Manager for Utility Operations
Osgood explained the item. She said access to this site must be controlled by perimeter fencing with gates
and locks. She added the current gates are in disrepair and some are non-functioning. They are
requesting funding to fix the fence. Motion by Eason, second by Berryman to approve the award of bid.
Approved 6-0. (Sattler absent)
2. Consideration and possible action to approve the purchase of Bioxide chemicals from Siemens Water
Technologies of Sarasota, Florida, in the amount not to exceed $65,000.00 -- Glenn Dishong, Water
Services Director and Jim Briggs, Assistant City Manager for Utility Operations
Dishong explained the item, saying the chemicals are used for odor control at the Sun City Lift Station. He
said this is the average annual amount that they have purchased over the past five or six years. He added
the GUS Board recommends approval of the purchase. Mayor asked and Dishong confirmed they are the
sole -source for this product. Motion by Sansing, second by Brainard to approve. Approved 6-0. (Sattler
absent)
3. Consideration and possible action to amend the contract between the City and the Brazos River Authority
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(BRA) for the management, operation, and maintenance of its wastewater treatment facilities for fiscal
year 2007-2008 and to set an annual operating budget of $1,233,709.50 -- Glenn Dishong, Water Services
Director and Jim Briggs, Assistant City Manager for Utility Operations
Dishong explained the item, saying this is the fifth year of a five-year contract. He said they hope this is the
final amendment and added the increase in price is due to volume adjustments based on wastewater flow.
Motion by Berryman, second by Sansing to approve. Oliver asked and Dishong confirmed only one-third of
the water that the City processes goes through the wastewater treatment facilities. Approved 6-0. (Sattler
absent)
4. Consideration and possible action to amend the contract between the City and Operations Management
International (OM1) for the management, operation, and maintenance of its water treatment facilities for
fiscal year 2007-2008 and to set an annual operating budget of $1,191,446.00 -- Glenn Dishong, Water
Services Director and Jim Briggs, Assistant City Manager for Utility Operations
Dishong explained the item, saying this is the fifth year of a five-year contract. He said the price change
from the previous year is due to the increase in treatment volume, increase in base price and volumetric
price, and a slight change in the maintenance budget. Motion by Sansing, second by Berryman to
approve. Approved 6-0. (Sattler absent)
5. Consideration and possible action for the award of the annual bid for electric metering material to various
bidders in a total amount of $447,672.05 -- Mike Mayben, Energy Services Director and Jim Briggs,
Assistant City Manager for Utility Operations
Mayben explained the item, saying this material is stocked in the City warehouse and used primarily for new
installation, or for the replacement of existing metering or metering equipment. He noted all this material will
be ordered on an as -needed basis. He added this item was recommended by the GUS Board. Motion by
Sansing, second by Berryman to approve the award of annual bid. Eason asked and Mayben said the total
bid price is $447,672.05. Brainard asked and Mayben clarified these are the items that you put on both
residential and commercial buildings. Brainard asked and Mayben confirmed that the City retains ownership
of the material. Approved 6-0. (Sattler absent)
6. Consideration and possible action to renew the contract between the City of Georgetown and National Tree
Expert Company, Inc., to provide electric system right-of-way clearing services in an amount not to
exceed $150,000 -- Mike Mayben, Energy Services Director and Jim Briggs, Assistant City Manager for
Utility Operations
Mayben explained the item, saying this is second year of a five-year renewal allowed in the contract. He
said the National Tree Expert Company has 3 staff members who hold national arborist certification. He
said they help the City ensure proper tree trimming procedures. He noted supervision of this work is still
performed at the City's energy services department. He said National Tree has been with Georgetown
since the 1997 ice event. He added GUS Board recommended approval of the contract. Motion by Eason,
second by Oliver to approve. Brainard said he sees more trees around the areas that are miscut and he is
hopeful that these are not the people who are doing it. Mayben said they have had very few complaints
about National Tree. Sansing commented on trees being placed under powerlines. There were further
comments. Vote on the motion: Approved 6-0. (Sattler absent)
MM Second Readings
1. Second Reading of an Ordinance to remove Section 4.40.010(D) of the City of Georgetown Code of
Ordinances to remove references to legislatively repealed expiration dates for the collection of fees for the
Municipal Court Technology Fee Fund; to align with State Law, Article 102.0172 of the Code of Criminal
Procedure -- Micki Rundell, Director of Finance and Administration and Cathy Leloux, Court Administrator
Leloux read only the caption of the ordinance on second reading. Motion by Snell, second by Berryman to
approve the Ordinance. Approved 5-0. (Sansing off dais)(Sattler absent)
2. Second Reading of an Ordinance relating to the classifications and number of positions (Strength of
Force) for all City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas
Local Government Code pertaining to Civil Service -- Kevin Russell, Director of Human Resources and Paul
Brandenburg, City Manager
Russell read only the caption of the ordinance on second reading. Brainard asked and Russell confirmed
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that they are only formalizing something that has already been in place. Motion by Berryman, second by
Brainard to approve the Ordinance. Approved 5-0. (Sansing off dais)(Sattler absent)
3. Second Reading of an Ordinance amending sections 13.12.020; 13.12.030; 13.12.040; 13.12.050;
13.12.060; 13.12.080; and 13.12.100 of the City's Code of Ordinance relating to "Garbage Collection and
Disposal" -- Rachel Osgood, Environmental Services Coordinator and Jim Briggs, Assistant City Manger
for Utility Operations
Osgood read only the caption of the ordinance on second reading. Motion by Berryman, second by
Sansing to approve the Ordinance. Berryman said she still thinks it should have been "bid out." Approved
6-0. (Sattler absent)
4. Second Reading of an Ordinance Adding a New Chapter 12.09 to the Code of Ordinances pertaining to the
regulation of encroachments into public rights-of-way and easements -- Bobby Ray, AICD, Director of
Planning and Development Services
Ray read only the caption of the ordinance on second reading. Motion by Sansing, second by Berryman to
approve the Ordinance. Approved 6-0. (Sattler absent)
5. Delay of Second Reading of an Ordinance for a Comprehensive Plan Amendment until March 22, 2008
to complete a development agreement for 590.7 acres in the B. Eaves and L.S. Walters Surveys, located
near SH 195 and the future Ronald Reagan Blvd. -- Jordan Maddox, Planner 11 and Bobby Ray, AICP,
Director of Planning and Development
Maddox said this delay is requested because the Century Plan six month window has come up for action
and they have still not completed the development agreement process. He added they are continuing that
process if Council agrees to the extension. Motion by Sansing, second by Snell to delay for 180 days to
March 22, 2008, Approved 6-0. (Sattler absent)
NN Public Hearings/First Readings
1. First Reading of an Ordinance designating a contiguous geographic area, generally described as being
approximately 21.18 acres out of the Lewis Dyches Survey, Abstract No. 180 in Williamson County, as a
Reinvestment Zone for property tax abatement purposes pursuant to Chapter 312 of the Texas Tax Code
— Mark Thomas, Economic Development Director and Paul E. Brandenburg, City Manager
Thomas explained the item and said this is for Airborn so that a tax abatement can be granted. He said the
reinvestment. zone identifies an area in which a tax abatement can be granted. Thomas read only the
caption of the ordinance on first reading after having satisfied the requirements of the City Charter.
Speaker, W. L. Mitchell, said his northern boundary is contiguous with the southern boundary of the
property under consideration. He said he wants to know who is going to own the building and the acreage
because those people need to address the permits for being over the Trinity Aquifer. He said it appears his
concern is secondary to making the project go forward. He said a lot of site preparation has taken place
before the permits have been addressed. Sansing said the developer must apply to the Texas CEQ before
they can turn dirt.
Motion by Snell, second by Berryman to approve on first reading. Approved 6-0. (Sattler absent)
2. First 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. Carts, City Attorney
Brandenburg explained the item and read only the caption of the ordinance on first reading after having
satisfied the requirements of the City Charter. He noted that there is a 75% attendance requirement in this
Ordinance. Motion by Berryman, second by Brainard to approve. Eason noted a possible type -o on the
second page. She said it should read "by" the Council instead of "on" the Council. Approved 6-0. (Sattler
absent)
3. First 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. Carts, City Attorney
City Council Meeting Minutes/
Page 8 of 12 Pages
Brandenburg explained the item, saying it allows three members of the Planning and Zoning Commission to
serve as members in training. He read only the caption of the ordinance on first reading after having
satisfied the requirements of the City Charter. Motion by Eason, second by Oliver to approve the
ordinance on first reading. Motion by Oliver, second by Sansing to amend the motion by changing the
"shall" to "may" and to use the terms "when appropriate" in the "Membership -Appointment Section. He
asked that "whenever possible" be removed as well. This section will read: "Members shafl may, when
appropriate, be selected from amongst the Commissioners -in -Training and based on seniority."
Approved 6-0. (Sattler absent) Vote on the motion as amended: Approved 4-2. (Berryman and
Brainard opposed)(Sattler absent)
4. First 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 -- Kathy Ragsdale, Utility Office Director and Micki
Rundell, Director of Finance and Administration
Ragsdale said this ordinance addresses four changes: to remove the postmark stipulation for utility
payments; waive late charges for customers over 60 years of age; waive the late penalty for qualifying large
and industrial customers; and the addition of a $50 charge to joint customers who get turned off. Berryman
asked and Ragsdale confirmed that they could extend the waiver of the late charge for customers who are
disabled. Motion by Berryman, second by Eason to approve the ordinance on first reading and extend the
waiver of the late charge for customers who are disabled. Oliver said and Ragsdale confirmed there is a
way to establish disability. Berryman asked and Ragsdale noted the changes will be sent to the utility
customers in their bills. Sansing proposed a friendly amendment that there be a 90 -day grace period, and
Berryman accepted and added the changes would be included in three utility bills. Eason accepted the
friendly amendment and the additional wording. Ragsdale read only the caption of the ordinance after
having satisfied the requirements of the City Charter. Approved 6-0. (Sattler absent)
5. First 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 said there are very few utilities that actually charge a deposit to
commercial accounts. She added they really do not want to completely waive it, but if they provide a
36 -month letter of credit/reference from their previous utility provider, they can open an account without a
deposit. Ragsdale read only the caption of the ordinance after having satisfied the requirements of the City
Charter. Motion by Sansing, second by Berryman to approve the ordinance on first reading. Sansing
asked and Ragsdale said, on a commercial deposit, the minimum charge is $150. She added it is twice the
average monthly bill. There was further discussion. Approved 6-0. (Sattler absent)
6. First 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 this ordinance raises the fee from $5.00 to $10.00. She said, when the new set of
garbage rates were passed, this one was missed. Currently, the City pays TDS $10 for this service and
customers are only charged $5. Ragsdale read only the caption of the ordinance on first reading after
having satisfied the requirements of the City Charter. Motion by Berryman, second by Brainard to approve
on first reading. Approved 6-0. (Sattler absent)
7. First 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 amendments and read only the caption of the ordinance on first reading after
having satisfied the requirements of the City Charter. Motion by Snell, second by Brainard to approve on
first reading. Sansing said that he is against charging for wastewater services. Approved 54. (Sansing
opposed)(Sattler absent)
8. First 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 the deficit
Sanitation Fund Balance -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and
Administration
City Council Meeting Minutes/
Page 9 of 12 Pages
Zavala explained the proposed amendments to six funds of the current budget. Zavala read only the
caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion
by Sansing, second by Eason to approve on first reading. Approved 6-0. (Sattler absent)
9. First Reading of an Ordinance amending the 2007/08 Annual Operating Plan Element (budget) for
adjustments related to the timing of projects -- Leticia Zavala, Controller and Micki Rundell, Director of
Finance and Administration
Zavala explained the proposed amendments to the new budget. She said the amendments are specifically
for the CAD building and IT budget. She read only the caption of the ordinance on first reading after having
satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve on first
reading. Approved 6-0. (Sattler absent)
10. First reading of an Ordinance adding new section 10. 12.081 of the Code of Ordinances relating to rate of
speed on FM 971 in the City Limits of Georgetown; defining speeding; and fixing a penalty -- Mark Miller,
Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations
Miller read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. He explained the change in speed limit will be from 55 to 45 from Austin Avenue east to the
Southeast Inner Loop. Brainard asked and Miller said TXDOT evaluates speed limits every few years.
Miller noted they met with TXDOT and recommended that this area on Austin Avenue have a lower speed
limit. Brainard added the speed limit on Leander Rd. is too fast and Miller said they are evaluating that
area. Motion by Brainard, second by Berryman to approve the ordinance on first reading. Approved 6-0.
(Sattler absent)
11. First 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
Ray explained both portions of CR 102 were cut off due to construction of SH 130 and are now annexed into
the City Limits. He said the City's 911 addressing policy instructs cities to rename county roads that have
come into city limits. Ray read only the caption of the ordinance on first reading after having satisfied the
requirements of the City Charter. Motion by Sansing, second by Brainard to approve on first reading.
Approved 6-0. (Sattler absent)
12. First 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
Ray explained that the property known as 29 Oaks is currently outside the city limits and is not zoned at this
time. He added the applicant has indicated their desire to develop the property commercially with a
proposed retail office and hotel. He said staff is supportive of the Intensity Level increase. He added the
Planning and Zoning Commission approved the request unanimously. Ray read only the caption of the
ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Berryman,
second by Sansing to approve the ordinance on first reading. Snell noted the applicant could still change
their plans for this property, even if the Council changes the intensity. Ray said the Council would still have
to approve the plat. Approved 6-0. (Sattler absent)
13. First 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
Maddox read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. With a display drawing, he explained the changes are at Intensity Level 3 and are being done
to accommodate Ronald Reagan Blvd, as well as the addition of the new tract of 321 acres. Motion by
Berryman, second by Brainard to approve the ordinance on first reading. Approved 6-0. (Sattler absent)
!711111F 1 11 1
City Council Meeting Minutes/
Page 10 of 12 Pages
the intensity Map from levels 2, 3 and 5 to levels 3 and 5; change the Future wand 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 an ordinance to Rezone 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
Maddox
noted this item is for
two
separate ordinances and read only the captions of the ordinances on first
reading
after having satisfied
the
requirements
of
the City
Charter.
The Public Hearing was opened at 8:03 p.m. Speaker, Kerry Russell, representing the Hart Family, told
Council they have worked with the staff to put together a plan that fits in with what the City would like to do
in that area. He said Ed Hart drove up from San Antonio this afternoon in case the Council had any
questions for him. The Public Hearing was closed at 8:06 p.m.
Motion by Sansing, second by Berryman to approve both ordinances on first readings. Approved 6-0.
(Sattler absent)
15. Public Hearing and First Reading of an Ordinance to Rezone from AG, Agriculture district to PUD,
Planned Unit Development district for 48.191 acres in the I. and G.N.R.R., J.D. Johns and W.E. Pate
Surveys, to be known as the Water Oak at San Gabriel, Phase 11, located off RM 2243, near Escalera
Ranch -- Jordan Maddox, Planner II and Bobby Ray, AICP, Director of Planning and Development
Maddox read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. The Public Hearing was opened at 8:06 p.m. There were no comments. The Public Hearing
was closed at 8:06 p.m. Motion by Sansing, second by Berryman to approve on first reading. Approved
6-0. (Sattler absent)
16. Public Hearing and First Reading of an Ordinance to Rezone from AG, Agriculture district to PUD,
Planned Unit Development district for 1.092 acres in the Key West Irrigation Survey, abstract 711, to be
known as the Water Oak at San Gabriel, Phase III -A, located at RM 2243 and the future Water Oak
Parkway -- Jordan Maddox, Planner II and Bobby Ray, AICP, Director of Planning and Development
Maddox read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. The Public Hearing was opened at 8:07 p.m. There were no comments. The Public Hearing
was closed at 8:07. Motion by Berryman, second by Sansing to approve on first reading. Approved 6-0.
(Sattler absent)
17. Public Hearing and First 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 distributed a revised ordinance on the dais. With a displayed drawing, she said the area is currently
zoned as agricultural and the future land use map calls for commercial, multifamily, and residential zoning.
She said Southwestern Boulevard will be extended along the west side of the property. She continued to
explain the purpose of the rezoning and noted this is near the proposed TOD area. She said the Planning
and Zoning Commission unanimously recommended approval. She read only the caption of the ordinance
on first reading after having satisfied the requirements of the City Charter. The Public Hearing was opened
at 8:11 p.m. There were no comments. The Public Hearing was closed at 8:11 p.m. Motion by Sansing,
second by Eason to approve on first reading. Approved 6-0. (Sattler absent)
18. Public Hearing and First Reading of an Ordinance to Rezone from RS, Residential Single -Family district
to C-1, Local Commercial district for approximately 0.24 acre being a portion of Lot 2, Block 1, of Highland
Park Revised, located at 504 FM 1460 -- Valerie Kreger, Planner 111 and Bobby Ray, AICP, Director of
Planning and Development
Kreger distributed a revised ordinance on the dais. With a displayed drawing, she explained the purpose of
the rezoning and noted that the Planning and Zoning Commission voted unanimously to recommend
approval of this request. She read only the caption of the ordinance on first reading after having satisfied
the requirements of the City Charter. The Public Hearing was opened at 8:14 p.m. There were no
City Council Meeting Minutes/
Page 11 of 12 Pages
comments. The Public Hearing was closed at 8:14 p.m. Motion by Sansing, second by Eason to approve
on first reading. Brainard asked about the commercial property that wants to expand into this area.
Approved 6-0. (Sattler absent)
City Council Meeting Minutes/
Page 12 of 12 Pages
The meeting was adjourned at 08:17 PM.
Atte
City Secretary Sandra Lee
Meeti- late
Agent;m No.
STATE OF TEXAS )
CONFLICT OF INTEREST AFFIDAVIT
COUNTY OF WILLIAMSON )
j
reside at
I am a membe� of the c^&` e14,(City Council or name of City board,
committee or con:nnission)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 to me in the first or second degree received funds from the business entity in excess of 10% of
my/his/her gross income for the previous year.
I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real
property with a fair market value of $2,500 or more.
B. "Economic Interest"
I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of
Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or
contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable
persons to have weight in deciding a case or an issue.
Co ",Other"
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 /6/-7 ,e Zoa.&j ; molwg -4 f o 15el>
"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 item whatsoever.
Further, Affiant sayeth not."
Affiant's Sign,
Printed Name:
Date:
BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the
facts hereinabove stated are true to the best of his/her knowledge or belief.
SWORN TO AND SUBSCRIBED before me on this day of `` 't .2ooZ.
SANDRA iI. LEE
MY COMMISSION EXPIRE` }, Notary Public in and for the State of Texas
January 8' 2090 County of Williamson
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 SENTTO THE CITY SECRETARY FOR THE
CITY OF GEORGETOWN.
Conflict of Interest Affidavit
Rev. 8/25/2004