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HomeMy WebLinkAboutMIN 08.14.2007 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: I CouncilAbsent: Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council Present Sattler, Pat Berryman, Farley Snell, Ben Oliver 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; Leticia Zavala, Controller; Terry Jones, Finance Construction Manager; David Morgan, Police Chief; Roland Waits, Police Captain; Regular Session ® To begin no earlier than 06000 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.) Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and Necessity (Application No. 35375-C) (SOAH Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR) - Consideration and possible action regarding legal issues related to public financing requirements for new and existing special districts -- Carol Polumbo, McCall, Parkhurst & Horton, LLP B Sec.551.086 Competitive Matters - Discussion and possible action related to the City of Georgetown power supply options for LCRA 10% Market Participation for 2008-2010 Energy Years -- Jim Briggs, Assistant City Manager for Utility Operations 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. D Pledge of Allegiance Mayor Nelon led the Pledge. 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 meeting procedures. Mayor Nelon recognized a Boy Scout in the audience, Zane Robertson. City Council Meeting Minutes/August 14, 2007 Page 1 of 8 Pages - Proclamation for United Way of Williamson County Mayor Nelon read the proclamation and presented it to Mark Adams, Rick McKelvey, Jennifer Edwards, and Glenn Dishong of United Way of Williamson County. F Announcements and Comments from City Manager The City will hold public hearings on a proposed tax rate for the upcoming fiscal year. The public hearings will be held on August 20 at 4:00 p.m. here at the Council Chambers and Court Building, located at 101 E. Seventh Street and on August 27 at 4:00 p.m. in the same location. As the next step in the City's update of its Comprehensive Plan, called the 2030 Plan, a new Future Land Use Plan will be proposed at public meetings on August 23 and 24. City staff and the consulting firm hired to lead this process, will present the new Future Land Use Plan and be available for questions at the meetings. The Future Land Use Plan will show locations of housing developments, roads, retail areas, parks, public facilities, and businesses outside current City Limits. For details, see the City website at www.Georgetown.org. The following City of Georgetown offices will be closed on Monday, September 3, 2007 in observance of the Labor Day Holiday: City Hall, Georgetown Municipal Complex, Library, Municipal Court, Parks and Recreation Administration Building, Recreation Center, Tennis Center, and Visitors Center. There will be normal trash collection for City of Georgetown customers on Labor Day. For questions about trash collection, call Texas Disposal Systems at (512) 930-1715. Following are the Pool Hours for the remainder of the Summer: The Williams Drive Pool will close on August 19. The Tennis Center, Village, and River Ridge Pools will close August 27. The San Gabriel Pool will be open through August 26, and will be closed August 27 -30th. On Labor Day weekend, the San Gabriel Pool will be open Saturday and Sunday from 12:30-6:30 pm and Monday from 11 am-5pm. The City of Georgetown has recently been notified by the City of Leander that Gabriel's Overlook Subdivision has been released by Leander. It is now a part of the City of Georgetown's ETJ due to the action taken by the Georgetown City Council to go forward and approve the second reading of the ordinance Speaker, Marc Truslow, representing Gabriel's Overlook, thanked the City Council and City Staff for their support regarding the battle with the City of Leander over the inclusion of Gabriel's Overlook in the extra -territorial jurisdiction, and said the Council would receive an invitation to the block party on September 8. G Public Wishing to Address Council As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. H Action from Executive Session Motion by Sansing, second by Eason that authorization be granted for the City of Georgetown to enter into a Purchase Power Contract arrangement with CPS Energy of San Antonio for the acquisition of the City's 10% Market Price Option energy needs for Energy Years 2008, 2009, and 2010 beginning December 25, 2007, based on the recommendation of the GUS Advisory Board and the presentation as received by City Council in last night's executive session. Approved 7-0. 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 Council Workshop on Monday, July 23, and the Council Meeting on Tuesday, July 24, 2007 -- Sandra D. Lee, City Secretary Brainard asked that the following change be made to the minutes of July 24, on page 4, at Item S, in the 3rd paragraph: "Brainard said he thinks that by permitting employees electing single coverage to pay zero for health care premiums, co -pays, and deductibles, they are shielded from market forces that could reduce employer costs." J Consideration and possible action to approve a contract with Lucas Adams not to exceed $18,500 to produce the 2008 Visitors Guide to Georgetown -- Cad Miller, CVB Coordinator and Randy Morrow, Community Services Director K Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended June 30, 2007 -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration (pulled by Sattler) L Consideration and possible action on license agreements approving encroachments into various public easements for the following properties: Lot 1 of the Lansdale Subdivision; Lot 2, Unit 1 of Serenada Country Estates; Lot 5 of Erin Acres; Lot 1, Block 1 of Reata Trails Addition; Lot 1, of the Bouffard Subdivision; Lots 1- 5, 13, 14 and 16, Block D of Berry Creek Section 5, Phase 1; Lots 14, and 15, of Georgetown Village Section 6, City Council Meeting Minutes/August 14, 2007 Page 2 of 8 Pages Block H; Lot 3, Block 1, of 2038 Plaza Phase 2.; and Crystal Knoll Terrace, Unit 1, Block 14, Lot 1 -- Tommy Garcia, Planner I and Bobby Ray, AICP, Director of Planning and Development M Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning the Electrical Easement in 86.153 acres of the Wright Survey, located at 4089 Williams Drive, to be known as, Estrella Crossing Estates -- Tommy Garcia, Planner I and Bobby Ray, AICP, Director of Planning and Development N Consideration and possible action to amend the professional services contract between the City of Georgetown and Kasberg, Patrick and Associates, LP for engineering services related to the fifth phase of the Edwards Aquifer Recharge Zone testing program and approve a budget of $32,000.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations O Consideration and possible action regarding the First Amendment to the 1999 Airport Land Lease Agreement with Advanced Air Services Inc. -- Patricia E. Carls, City Attorney P Consideration and possible acceptance of a grant of $1,000.00 from the US Fish and Wildlife Department. -- Kimberly Garrett, Parks and Recreation Director; Randy Morrow, Director of Community Services Motion by Sansing, second by Berryman to approve the Consent Agenda with the correction to the minutes and with the exception of Item K, pulled to the Regular Agenda. Approved 7-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: Mayor Nelon noted that Item AA -5 would be moved up on the agenda and handled after item K. K Consideration and possible action to accept the City°s Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended June 30, 2007 -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration (pulled by Sattler) Rundell explained the item saying this report is part of the requirements on a quarterly basis under the Public Funds Investment Act. Sattler questioned the totals listed on Page 3 in the Investment Report /Major Fund Review Comparison. Rundell answered that all of the funds are invested in total except for GEDCO and GTEC which are separate investment funds. Brainard asked and Rundell responded that "return" is shown "net of fees." He asked the amount of the fees, and Rundell responded that the fees vary and this quarter they are exceptionally higher because of the invested bond proceeds, saying the fees range from $150 to $200, depending on the size of the investment. She noted the City invests in "plain vanilla" securities, no derivatives or risky types of investments; only those completely collaterized by the U.S. government. Brainard asked and Rundell responded that the percntage is less than 1 %1 with a total contract of about $7500. She said Valley View Consulting out of Virginia is the City's adviser. When asked by Brainard, Rundell responded the City invests in two local government investment pools, TexStar and TexPool, both being AAA -rated. Brainard asked to know how much is invested in pools vs. how much is invested in individual securities, and Rundell responded 34.2% in pools, the rest in individual securities. Motion by Sansing, second by Snell to approve the City's Quarterly Financial Report. Approved 7-0. Mayor Nelon announced that the following item would be brought forward at this time. AA5.Second Reading of an Ordinance Rezoning from "AG, Agricultural" district to "RS, Residential Single -Family" district, with the condition that there are no single-family attached units permitted, for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as Katy Crossing Subdivision, Section 7, located on FM -971, west of Katy Crossing Boulevard -- Elizabeth A. Cook, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Cook explained the item and read only the caption on second reading. Speaker, Roger Busfield, told Council he lives in Katy Crossing and has lived there since May of 1997. He complimented Gavurnik, saying his home is very well engineered and Katy Crossing is a most attractive area. He said he is concerned about the additional traffic that will occur with the additional development. He said he would prefer an upscale development rather than affordable housing. Motion by Snell, second by Sansing to approve Ordinance 2007-43. Approved 7-0. Q Consideration and possible action to appoint the Social Services and Children's and Youth Program City Council Meeting Minutes/August 14, 2007 Page 3 of 8 Pages Funding Subcommittee to review and make recommendations regarding the funding allocations for FY 2007-08 -- Mayor Gary Nelon Nelon recommended Councilmembers Snell, Sattler, and Sansing be appointed to the Subcommittee. Motion by Brainard, second by Oliver to approve the appointments. Approved 7-0. R Consideration and possible action to approve the purchase of modular and dispatch furniture for the new Georgetown Communications and Technology (LCAT) Building from Furniture for Business and Watson Furniture Group through the State of Texas Purchasing Contract and Houston -Galveston Area Council in the total amount of $109,995.00 -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration Iwers explained the item, saying modular furniture will allow future renovations and save money rather than having to build separate offices. She told Council this request is for specialized dispatch furniture to withstand the 24-hour/7-day-a-week use of the furniture. She said the funding is included in the current Capital Improvement Plan budget. Brainard thanked staff for the detail provided for Council's consideration of this item. Motion by Sansing, second by Eason to approve the purchase. Approved 7-0. S Consideration and possible authorization to purchase 800 MHz radio equipment for public safety in the amount of $260,000 -- David Morgan, Chief of Police Morgan explained the item, saying the Police Department needs to expand from three dispatch consoles to five, and due to the timing of the availability of the new dispatch center and Motorola already there installing other dispatch equipment, it will be less expensive if purchased by August 15, saving the City $92,000. Motion by Eason, second by Oliver to approve the purchase. Brainard asked if this project was subject to bid, and Morgan responded that this is "sole source." Sansing asked how it would be paid for, and was told it will be a budget amendment for this year. Rundell assured Council that the City has already issued the bonds to pay for this, and this will reduce the 07/08 budget by $352,000. Brainard asked about a long-term Information Technology Plan for Public Safety. Morgan said this equipment is a part of a digital upgrade in October or November, and is based on the Strategic Plan to cover the next 10 to 20 years. Snell confirmed that the money would not come from the General Fund. Rundell explained that the money is bond proceeds that were earmarked for public safety. Motion approved: 7-0. T Consideration and possible action to approve a Resolution adopting "Guidelines and Criteria Governing Tax Abatement Agreements" within the City of Georgetown and its Extraterritorial Jurisdiction -- Mark Thomas, Economic Development Director; Patricia E. Carls, City Attorney; and Paul E. Brandenburg, City Manager Brandenburg noted that because this item could not be discussed at the worskhop last night due to loss of quorum, he has moved this item for discussion at the next Council Workshop on August 27, with an action item on Tuesday, August 28. Sansing asked about concern for deadlines, and Brandenburg said that was checked and the agreement with the a current prospect will not be jeopardized. Sattler asked how the document came about, and Brandenburg noted that the document was designed by the economic development staff with a Council charge to bring back a more detailed policy on tax abatements. U Consideration and possible action regarding a Resolution approving follow-up letters from Williamson County along with the Member Cities (Round Rock, Georgetown, Taylor, Cedar Park, and Liberty Hill) of the Williamson County and Cities Health District (WCCHD) to non -participating incorporated cities in Williamson County regarding the benefits of membership in the WCCHD -- Paul E. Brandenburg, City Manager Brandenburg explained this is a follow up with the campaign to get more cities to join the Health District. Motion by Snell, second by Eason to approve the resolution and approve the letter to be signed by the Mayor. Approved 7-0. V Consideration and possible action to transfer 1,680 acre-feet of BRA System Water Rights and associated Williamson County Regional Raw Water Line capacity to Chisholm Trail Special Utility District (CTSUD) -- Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manager for Utility Operations Briggs explained the item, saying this is in compliance with a contract dated February 23, 1999, with some service territory agreements and a transfer of subsequent water rights as a part of that request. He said this request was received on July 6, to transfer the water rights. He said the staff's recommendation is to do an amendment to memorialize the action taken since this is outside the scope of the contract. Speaker, Don Rauschuber, General Manager and District Engineer of Chisholm Trail Special Utilty District, requested that Council refer this back to staff to work out negotiations. He said CTSUD is constructing lines and pump stations and trying to secure future water supply. City Council Meeting Minutes/August 14, 2007 Page 4 of 8 Pages Briggs said staffs recommendation is to make the transfer. Sansing said he would like to have a briefing on the terms of the contract before a decision is made to amend. Motion by Sansing, second by Eason to postpone this item and have a "future competitive matters" discussion in Executive Session. Approved 7-0. W Consideration and possible action for approval of the guaranteed maximum price (GMP) for construction/renovation of the Recreation Center by Chasco Constructors in an amount not to exceed $103788,438.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance and Administration Jones explained the item, saying Chasco has been working for the last two months to bid the subcontractor work and has developed a guaranteed maximum price (GMP) that is less than the $13 million+ amount brought to Council in January. He said the project is scheduled to begin in September and be complete in January, 2009, with three phases, including an additional 21 parking spaces, 47,000 sf of additional space, including two pools, and the renovation of the existing building. Sattler verified that the GMP was determined with only 50% of the construction documents completed. He asked for explanation of the way the estimate was put together, questioning whether the price might go down if Chasco could view 100% of the construction documents. Jones noted that Chasco has assured him that the $1 million contingency will go down once they have received 100% of the construction documents. Sattler asked if there is a reason for approval on this date, suggesting to delay until 100% of the construction documents are available. Jones said he thinks the City will see savings, whether it is started September 1 or delayed. Rundell explained that with the construction of the Library there were increased material costs due to the hurricanes, and this price could go up unless it is confirmed at this time. She said the savings stay with the project. Brandenburg explained a brief history of previous Council action to handle the overages on this project. Motion by Sattler, second by Brainard (for discussion only) to delay approving the GMP until the first meeting in October so the engineer and the construction manager at risk can review 100% of the construction documents. Snell said he believes when the bond issues were passed, the citizens who voted for them thought these projects would be done simultaneously, so any further delay would not be a good idea. He said in January, Council talked about creating the mechanisms to accomplish this, and said even a month more delay would be intolerable to him. He suggested that since Sattler is questioning line items in the budget, that he bring up that discussion when the budget is proposed. Eason said she will also oppose any further delay and asked for someone to speak to the stresses on the existing Recreation Center. Morrow said he gets questions about when the expansion will occur, saying the monthly membership has almost tripled; and the Recreation Center can almost break even for the existing expenses. Oliver noted that the City could be at risk by delaying if the market changes. There was more discussion regarding the $1 million contingency. Sattler asked and Jones responded that the Texas Commission on Environmental Quality (TCEQ) permit is expected to be complete by the first week in September. Jones said he is afraid that if this project is delayed any longer, the subcontractors won't be able to hold their prices, and the guaranteed maximum price could increase. Vote on Sattler's motion: Denied 54. (Eason, Sansing, Oliver, Snell and Brainard opposed) Motion by Eason, second by Oliver to approve the project. Substitute Motion by Brainard, that with a contingency of $1 million, a little more than 10% of the project budget, include the $316,000 in the cost of the project and reduce the contingency to roughly 7% from 10%, relieving next year's budget of the $316,000. Jones said that could not be done. Sansing said that number is provided by them to us and perhaps Jones could go to Chasco and ask if they'd be willing to do that. Yantis suggested when approving the 07/08 budget, Council could take the cost of $316,000 out of the savings in the contingency of the project budget. Brainard said his intention was to reduce the project budget by $316,000. Jones responded the City cannot reduce the guaranteed maximum price by $316,000. Brainard withdrew his motion and second was withdrawn. Sansing confirmed that once the documents are at 100%, the savings will be marked for this particular project. Vote on Eason's motion: Approved 6-1. (Sattler opposed) Berryman asked staff to continue with the suggestion to establish a work group to discuss how these projects are bid. She asked that the work group include councilmembers as well as staff. Motion by Snell, second by Berryman to direct staff to create a mechanism by which this process can be reviewed over the next six months. Approved 7-0. X Consideration and possible direction from City Council on a proposed amendment to the Unified Development Code (UDC) pertaining to the creation of incentives for residential subdivisions, which allows for the development of diverse housing types for the provision of affordable housing -- Elizabeth A. Cook, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Cook explained the item, saying in April, the Council directed staff to prepare UDC revisions to encourage more affordable housing options on a voluntary basis. She noted that staff has suggested the following options: 1) garage apartments/urban cottages/granny flats; 2) development standard flexibility to existing development requirements to reduce set backs or fees in relation to the diversity of the development; 3) creation of an overlay district to allow a developer to reduce review time and move directly to the preliminary plat stage. She said staff is looking to the Council for direction. She noted that if Council is interested in any of the options, staff would City Council Meeting Minutes/August 14, 2007 Page 5 of 8 Pages begin work to draft UDC amendments. Sansing said he is concerned about the word "requirement." He said Council needs to encourage incentives, but not "require." was further discussion. There Motion by Snell, second by Eason to instruct staff to prepare ordinances for the development standard flexibility and the overlay district. Snell said he assumes these new overlays would not be created the way overlays are created now. There was discussion that the garage apartment/urban cottage sounds like rental property, and there is lack of a less expensive housing types for purchase by an elderly person or single woman. Snell said the original goal was not primarily for affordable housing but for diversity of housing, but mixed in with other housing and not side by side in the same subdivision. Berryman said there is a requirement for workforce housing in the suggested wording in the option of the overlay district, and this should be an "elective," and not a "requirement." There was further discussion. Snell amended his motion to remove the requirement to provide workforce housing, Eason accepted. Sattler asked to add a friendly amendment to hold a workshop to involve the development community. Brandenburg reminded Council there is a Housing Advisory Board in place to work on this, and suggested that at the workshop or on the dais, the Council should have a finalized product to consider. There was further discussion. Vote on Snell's motion: Denied: 4-3 (Sansing, Sattler, Berryman, Brainard opposed) Motion by Sansing, second by Snell to work with the Housing Advisory Board and seek input from any intereseted parties to develop the same ordinances that Snell had in his motion, not limited to, but including those and others. Approved 7-0. Y Consideration and possible action to authorize staff to negotiate a contract for professional services with Civic Design Associates for the Transit Oriented Development and Mixed Use Ordinances -- Bobby Ray, AICP, Director of Planning and Development Ray explained the item, saying funding for this contract was included in the 06107 budget for the implementation of the Williams Drive Gateway Redevelopment Plan and to prepare ordinances for the mixed use district, which would also serve as a model for other mixed-use; and the transit oriented development ordinance district to implement the area around the future Austin -San Antonio Intermunicipal Commuter Rail District station, saying the ordinance will be written with enough flexibility so that if the Transit District never occurs, it will still serve as a guideline for development in that area. He said staff would like to move forward at this time to allow for the current development of this area. Brainard asked if an objective bid evaluation grid was used. Ray explained that it was a request for qualifications. Motion by Eason, second by Oliver to approve. Approved 6-0. (Sansing off the dais) Z Forwarded from the Georgetown Utility System (GUS) Advisory Board: 1. Consideration and possible action to approve a contract with Kasberg, Patrick & Associates, LP (KPA) for Professional Services for Rock Street paving and utility improvements in the amount of $71,500.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item, saying this engineering is for the area behind Twin Liquors and Sonic Drive -In. He said the City will eventually be putting in concrete barricades to prevent left turns into the Sonic, so there will be a driveway to go behind the Sonic to Morrow Drive to improve the safety of entering the Sonic Drive -In. Motion by Sansing, second by Berryman to approve the contract. Approved 7-0. 2. Consideration and possible action to approve a contract amendment with Camp, Dresser, and McKee, Inc. for professional services related to the design of the Park Water Treatment Plant 2MG Clearwell Improvements for $265,480.00 -- Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying this will increase the capacity at the plant and allows taking the existing clear well out of service for maintenance. Motion by Berryman, second by Sansing to approve the contract amendment. Approved 7-O. 3. Consideration and possible action for the award of bid for Utility Outage Management, and Integrated Voice Response System to Milsoft Utility Solutions in the amount of $169,330.00 -- Michael Mayben, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Iwers explained the item, saying proposals were evaluated and Milsoft was the only vendor that could provide a product with a seamless process. He said this award of bid was recommended to Council by the GUS Board. Motion by Snell, second by Sansing to approve the award of bid. Brainard thanked staff for the documentation provided and asked and Briggs confirmed that he was recently elected as President of the TPPA. Council offered congratulations. Approved 7-0. 7:58 p.m. recessed 8:09 p.m. resumed City Council Meeting Minutes/August 14, 2007 Page 6 of 8 Pages AA Second Readings 1. Second Reading of an Ordinance amending Chapter 12.20 of the Code of Ordinances regarding deposits, security procedures, hours for use, and two-day rentals of the Georgetown Community Center -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Garrett noted that the word "whole" was added on second reading in the 2 -day consecutive rule. She read the caption only of the ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2007-44. Approved 7-0, 2. Second Reading of an Ordinance amending Chapter 12.20 of the Code of Ordinances to add Section 12.20.100 "Off -Leash Dog Recreation Areas" establishing a Dog Park -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Garrett explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Eason to approve Ordinance 2007-45. Approved 7-0. 3. Second Reading of an Ordinance Rezoning from AG, Agricultural District to IN Industrial District for Airport Industrial Park, Lot 1, located at 101 and 103 Halmar Cove -- Carla Benton, Planner 11 and Bobby Ray, AICP, Director of Planning and Development Sansing recused himself and left the dais. Ray explained the item and read only the caption of the ordinance on second reading. Motion by Berryman, second by Snell to approve Ordinance 200746. Approved 6-0. (Sansing abstained) 4. Second Reading of Ordinances for 1) a Comprehensive Plan Amendment to change the Future Land Use designation from Residential to Office/Service for 0.727 acres in the Nicholas Porter Survey, Abstract 497, and 2) a Rezoning from the RS, Residential Single -Family district to the OF, Office district for Lots 11 and 12 in the Williams Addition, Block 1, and 0.727 acres out of the Nicholas Porter Survey, Abstract No. 497, located at 1633 Williams Drive -- Valerie Kreger, Planner III and Bobby Ray, AICP, Director of Planning and Development Ray noted that this item is actually two ordinances, and staff is now combining land use and zoning on the same property into one agenda item, but there will need to be a separate vote on each ordinance. He read only the caption of the ordinance to change the future land use designation on second reading. Motion by Eason, second by Brainard to approve Ordinance 2007-47. Approved 7-0. He read only the caption of the ordinance to rezone on second reading. Motion by Berryman, second by Sansing to approve Ordinance 200748. Approved 7-0. 5. Second Reading of an Ordinance Rezoning from "AG, Agricultural" district to "RS, Residential Single -Family' district, with the condition that there are no single-family attached units permitted, for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as Katy Crossing Subdivision, Section 7, located on FM -971, west of Katy Crossing Boulevard -- Elizabeth A. Cook, Principal Planner and Bobby Ray, AICP, Director of Planning and Development This item was handled earlier in the meeting at the beginning of the Legislative Regular Agenda. BB Public Hearings/First Readings 1. First Reading of an Ordinance adding New Chapter 6.60 to the Georgetown Municipal Code Relating To "Operation of Commercial and Residential Alarm Systems;" establishing permitting procedures, and fees and penalties -- Roland Waits, Police Captain and David Morgan, Chief of Police Morgan read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Sattler to approve. Oliver asked and Morgan replied that there will be public education, and Brandenburg noted that there will be a staff person hired to handle this operation, so the education will probably begin in October. Brainard noted that a relatively small portion of the population is causing this ordinance. Morgan said there are several other reasons for this ordinance, such as: 1) accurate count and location; 2) emergency contact information on each system; 3) who to hold accountable for excessive false alarms; and 4) which companies are installing alarm systems. Brainard asked and Morgan said that Williamson County has an alarm registration law. Brainard asked and Morgan told him the fee in Georgetown will be $25 per year and will be billed by the City. Motion by Brainard that the Police Department penalize people who have three false alarms per year by requiring them to pay a fine instead of requiring all people who have alarm systems to register and pay a fee. Waits explained that this is more about public safety than punishment of those who are not offending and making sure the Police Department has the proper information to hold the end user responsible. There was further discussion. There was no second to Brainard's motion. Vote on the Eason's motion: Approved 6-1. (Brainard City Council Meeting Minutes/August 14, 2007 Page 7 of 8 Pages opposed) Sattler complimented Morgan for the way his staff responded to the truck fire on IH35 yesterday, and Brainard complimented Officer Sanford who pulled him over for an illegal lane change, saying he used "perfect professionalism." 2. First Reading of an Ordinance Annexing into the City 1.77 acres, more or less, in the Frederick Foy Survey, Abstract 229, for Somerset Fulls, western boundary annexation to CR 245 and Jennings Branch Road -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICD, Director of Planning and Development Polasek explained the ordinance and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Sattler to approve the ordinance on first reading. *Approved 7-0. (*as corrected by Snell at the August 28 Council Meeting) 3. First Reading of an Ordinance Annexing into the City 50.62 acres, more or less, in the Lewis P. Dyches Survey and Francis A. Hudsen Surveys for H.B. Longhorn Junction and Airborn property, located south of SE Inner Loop and Blue Springs Parkway -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Polasek explained the ordinance saying there was a change from the public hearing process, saying the original petition was for 63.02 acres and after the engineering, it has been determined that only 50.62 acres, wholly within the 63.02 acres, will be involved in this annexation. Polasek 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 7-0. 4. First Reading of an Ordinance Annexing into the City 24.08 acres, more or less, in the Joseph Fish Survey and William Roberts Survey, for Georgetown Village Section 10, located at Westbury and Shell Road -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Polasek explained the ordinance and 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 7-0. Polasek said the second reading may be withheld so the development application can "catch up." He said October 23 is the deadline for the annexation to be approved. 5. First Reading of an Ordinance Annexing into the City 268.30 acres, more or less, in the I.&G.N. RR Survey, J.D. Johns Survey, The Key West Survey, D. Medlock Survey, W.E. Pate Survey, J. T. Church Survey, J. Thompson Survey, and Isaac Donagan Survey for Water Oak at San Gabriel Phase 1, Phase 3, Phase A1, and Phase 2, located north of RR 2243 and east of Escalara Subdivision -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Polasek noted that he had distributed on the dais an amendment to the ordinance referencing the existing development agreements and that those agreements maybe amended in the near future. 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 Sattler to approve on first reading. Approved 7-0. He said the second reading may be delayed due to possible amendments to the development agreement. CC Consideration and possible action to appoint Cheri Thanos to the Main Street Advisory Board to fill a vacancy for a position that expires in February of 2009 -- Mayor Gary Nelon Motion by Berryman, second by Sansing to approve the appointment. Approved 7-0. The meeting was adjourned at 08:43 PM. City Council Meeting Minutes/August 14, 2007 Page 8 of 8 Pages ity Secretary San STATE OF TEXAS ) } COUNTY OF WILLIAMSON } I, 0,3 I am a member of the CA committee or cornmission)of the L Meeting`e` l Agenda i No. C°�Q� (City Council or name of 6ity board, of Georgetown, and I hereby make this affidavit and on my oath state the following: more of the "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. "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 Signature: Printed Name: rate 0 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 SANDRA D. LEE MY COMMISSION EXPIRES Jai16laty 812010 Notary Public in and for the County of Williamson I f 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