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HomeMy WebLinkAboutMIN 06.12.2007 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present: Council Absent.a Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council Present Sattler, Pat Berryman, Farley Snell, Ben Oliver Staff Present. Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Jessica Hamilton, Assistant City Secretary; Randy Morrow, Director of Community Services; Kimberly Garrett, Parks and Recreation Director; Rachel Osgood, Environmental Services; Mark Miller, Transportation Services Manager; Glenn Dishong, Water Services Director; Marsha Iwers, Purchasing Manager; David Munk, Development Engineer; Kathy Ragsdale, Utility Office Manager; Terri Calhoun, Paralegal; Bobby Ray, Planning Director; Ed Polasek, Principal Planner; Elizabeth cook, Planner; Keith Hutchinson, Public Information Officer; Leticia Zavala, Controller; Terry Jones, Support Services Construction Manager; Kevin Russell, Human Resources Director; Joe Lara, Chief Financial Analyst; Jordan Maddox, Planner Regular Session to convene and continue Executive Session, if necessary 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 -Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - 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) - Discussion of legal issues related to the "Offsite Utility Construction Cost Reimbursement Agreement for ABG Subdivision" and the "Development Agreement Concerning the ABG Subdivision." - Discussion of legal issues related to the "Williamson County Regional Raw Water Line Agreement" between the Brazos River Authority, City of Georgetown, City of Round Rock, and Jonah Water Supply Corporation, and the letter dated May 7, 2007 to BRA from Chisholm Trail SLID, Brushy Creek MUD, and City of Round Rock. - Consideration and possible action related to the pending or threatened litigation against LCRA related to the Wholesale Power Contract. - Consideration and possible action to retain the firm of Allensworth and Porter to develop construction contract documents for the South San Gabriel Wastewater Interceptor project. - Mark Shelton v. Rodney Eric Wise, Shanna Elaine Shelly, David Earl Morgan, City of Georgetown , Civil Action No. A -07 -CA -063 -LY, in the United States District Court for the Western District of Texas Austin Division. B Sec 551.072: Deliberations about Real Property - Consideration and possible direction to staff regarding the acquisition of property within the Williams Drive Gateway Redevelopment Area consistent with the adopted Williams Drive Gateway Redevelopment Master Plan. - Consideration and possible action concerning the authorization of a proposed Pipeline License between the City of Georgetown and Georgetown Railroad Company, Inc. ("GRR") for an underground crossing of its railroad facilities in connection with Project Lone Star Electric Service Project. - Consideration and possible action concerning an offer submitted by the Texas Department of Transportation ("TxDOT") for the purchase of a 0.156 -acre tract and a 0.135 -acre tract of land, owned by the City, in connection with TxDOT's City Council Meeting Minutes/June 12, 2007 Page 1 of 8 Pages reconstruction of the Lakeway. 35 overpass at North Austin Avenue and Lakeway L . Consideration and possible action regarding the granting of an easement consisting of approximately 5.617 acres of land situated in Lyndock Park for the South San Gabriel Interceptor Wastewater Line . Consideration and possible action regarding the acquisition of an easement from IVA WOLF MCLACHLAN, BETTIE M. WOLF, JANE WOLF ROBERTSON, JUDY WOLF HINDELANg, JAY LEON WOLF, JR., AND JAMES DAVID WOLF for the South San Gabriel Interceptor Wastewater Line, a public use, including consideration and possible action on a Resolution authorizing condemnation. Regular Session ® To begin no earlier than 06:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) C Call to Order Mayor Nelon called the meeting to order at 6:01 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 meeting procedure. F Announcements and Comments from City Manager Brandenburg made the following announcements: Wednesday, June 13 is the deadline for the bars in restaurants with attached bars to be smoke-free, or they must be certified as separated from non-smoking eating areas by non -permeable walls. Separate ventilation systems are also required. Tightened no -smoking rules went into effect per ordinance in December, 2006, which prohibit smoking in all restaurants. Those restaurants with attached bar areas were given six months to construct barriers and install separate ventilation systems, or make both bar and restaurant areas smoke-free. Stand-alone bars, defined as existing establishments that derive 60% of gross sales from alcoholic beverages, are exempt from the smoking ban in public places. The exemption expires if the bar is closed for 30 days or, due to remodeling or repairs, is closed for six months. Smoking is not allowed in new bars or cocktail lounges that may open in Georgetown. "No smoking" signs must be posted in places where smoking is prohibited. The City of Georgetown Parks and Recreation Department is looking for volunteers to help with the AT&T Games of Texas. This year Georgetown will host boxing, tennis, and men's softball. For more information or to volunteer please call the Parks and Recreation office at 512-930-3595. Each year on the first Tuesday in August, neighborhoods across Georgetown and in other communities across the nation organize block parties in recognition of National Night Out. This year, the event will be on Tuesday, August 7 from 7 — 9 p.m. The Georgetown Police Department organizes the annual event to encourage neighbors to get out and meet one another. Applications to register neighborhood block parties can be found online at www.georgetown.orq , or can be picked up at the Police Department at 809 Martin Luther King, Jr. Street. Call Officer Jim Seals at (512) 930-2597 for details. The Georgetown City Reporter, a monthly newsletter sent to residents, received an award from the Texas Association of Municipal Information Officers (TAMIO), a statewide organization for communications professionals in municipal government. The award recognized the Reporter as one of the top residential newsletters in the state for cities with populations up to 55,000. City of Georgetown Public Information Officer, Keith Hutchinson, is to be commended for the production of the City Reporter. G 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., H Action from Executive Session Motion by Sansing, second by Oliver that the City council approve the Full and Final Settlement and Release Agreement in the case of Henderson v. City of Georgetown and The Most Reverend Gregory M. Aymond, the Bishop of the Roman Catholic Diocese of Austin. Approved 7-0. Motion by Sansing, second by Eason that the City Manager or Mayor be authorized to hire the law firm of Allensworth and Porter to prepare the construction contract documents for the South Fork San Gabriel Wastewater Interceptor. Approved 7-0. . Motion by Sansing, second by Snell that the Assistant City Manager and City Manager be authorized to negotiate with a potential purchaser of land and the Georgetown Independent School District regarding the purchase and development of land located within the Wiliams Drive Gateway District. Approved 7-0. City Council Meeting Minutes/June 12, 2007 Page 2 of 8 Pages Motion by Sansing, secono , Berryman that the City Council approve the o, from the Texas Department of Transportation to puchase a 0.156 -acre tract *and a 0.135 -acre tract of land out of the Antonio Flores Survey, A-235, Williamson County, Texas, from the City, in connection with TXDOT's reconstruction of the Lakeway/IH35 overpass at North Austin and Lakeway Drive. Approved 7-0. (* as corrected at the November 13, 2007 Council Meeting) Motion by Sansing, second by Berryman that the City Council grant an easement through Lyndoch Park for the South San Gabriel Interceptor Wastewater Line in exchange for ABG acquiring and granting to the City all other necessary easements for the completion of the South San Gabriel Interceptor Phases B, C-1 and C-2. Approved 7-0. Motion by Sansing, second by Oliver that the City Council authorize the staff to fully explore condemnation of land owned by Georgetown Railroad Company necessary for City electric improvements and to retain the services of Scott Moran of Burford and Ryan, LLP, or other attorneys and experts approved by the City Manager, to assist and represent the City in this process. Approved 5-2 (Berryman and Sattler opposed) 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, May 21, and the Council Meeting on Tuesday, May 22, 2007 -- Sandra D. Lee, City Secretary J Consideration and possible action to approve a professional services agreement with the American Youth Works Environmental Corps for Pickett Trail Renovation in the amount of $35,000 -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services K Consideration and possible action for the award of the annual bid for Mosquito Spraying to A-Damron Pest of Georgetown, Texas, in the amount of $21,250.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Motion by Oliver, second by Sansing to approve the Consent Agenda in its entirety. Approved 7-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: L Consideration and possible action to re -canvass the results of the election of District 4 Councilmember Bill Sattler and to approve a resolution amending Resolution 052207-K canvassing the results of the City of Georgetown General Election held on May 12, 2007, to reflect a one -vote difference in the total number of votes received in the uncontested race for Councilmember for District 4, Bill Sattler -- Sandra D. Lee, City Secretary and Patricia E. Carls, City Attorney Mayor Nelon appointed Councilmembers Brainard and Eason as the Canvass Team, and they compared the information provided to the City Secretary by the Williamson County Elections Administrator, and agreed that one more vote was included in the final tally for Bill Sattler, making the final total for Bill Sattler at 2,883. Motion by Oliver, second by Sansing to approve the re -canvass of the election results. Approved 7-0. M Consideration and possible action to approve a professional services agreement with Halff Associates, Inc. of Austin for the Parks, Recreation and Open Space Master Plan in the amount of $148,800 --Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Morrow explained the details that will be included in the Plan. Oliver asked and Morrow explained that this would be a five- to six-year year time period. Motion by Snell, second by Sansing to approve the agreement. Approved 7-0. N Consideration and possible action to approve the purchase of playground equipment for Berry Creek Park from Gametime in Fort Payne, Alabama, through the Texas Local Government Cooperative Contract in the amount of $57,026.74 -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Garrett explained the item, describing the proposed park that will receive the equipment. She said there had been issues with the timing and the land that had caused a previous delay, but the park will be completed soon. Motion by Sansing, second by Berryman to approve purchasing the playground equipment. Approved 7-0, O Discussion and possible action regarding the "First Amendment to the Offsite Utility Construction Cost Reimbursement Agreement for ABG Subdivision," and the "First Amendment to the Development Agreement Concerning the ABG Subdivision" -- Tom Yantis, Assistant City Manager City Council Meeting Minutes/June 12, 2007 Page 3 of 8 Pages Yantis introduced the item and recalled that these agreements had been originally approved by Council in November, 2006, for approximately 1700 acres of land within the city limits and into the extraterritorial jurisdiction between Leander Road and SH29 on the west side of the City. He said this development agreement establishes standards for this project based on the principles of conservation subdivision design; and the utility construction agreement establishes responsibilities between the City and ABG for costs associated with the construction of the South San Gabriel wastewater interceptor. He noted that questions have arisen regarding the applicability of the City's tree protection ordinance to this agreement. He said this amendment clarifies the responsibilities of the developer for tree mitigation, saying the agreement was approved prior to the most recent tree protection ordinance. He said portions of the project will be non-residential, so it was necessary to determine which trees would be mitigated. He said public education is important in this issue to convey the need to extend a very large wastewater line to ensure the water quality in the San Gabriel River. He said extending the line requires large pieces of equipment, large pipes, and very deep trenches; and in order to do this, many trees will need to be removed. He noted that the developer's engineer and an expert on pipelines were in the audience if Council had questions. He displayed large photographs indicating the area where the trees would be removed. He said the maps would be available in the City Planning Office if people wanted more specifics. He said retaining as many trees as possible will be the goal, and the agreement establishes how the loss of the trees will be mitigated. He told Council a portion of the line goes through the City's Lyndoch Park along the South San Gabriel River, so there will be trees planted in that park for the trees that will be taken out of that park; and the developer will pay $245,000 into a tree mitigation fund to be managed by the Parks and Recreation Department and Urban Forester in order to replant trees in any park in the City. He said the amendment establishes tree preservation standards for parks in the project, another wastewater line within the project, and establishes a license agreement template for developers to maintain landscaping, irrigation, drainage facilities, and trails in public rights of way. Eason asked the ratio for the tree mitigation and was told it is one for one, saying all are to be 12" diameter and above. He said the replacement formula is to add up all the calipers divide by two and multiply by 40%, and that formula will be used in Lyndoch Park. He noted that other trees were assigned a dollar amount for caliper -inch to arrive at the $245,000 amount in the agreement. Sansing said he has a problem with the method of calculation for the mitigation. He said he thinks the City should be willing to share in the expense and should reduce the mitigation number. He said he understands trench safety, and asked about using trench boxes instead of trench stepping. Kelly Green from Bury and Partners and Mike Wilson with H. L. Chapman displayed a picture of the piece of equipment that will be used. Green said the line in some locations will be 40 -feet deep, saying to dig a 30 -foot trench, the equipment can be kept at grade, but for the 40 -foot trench, the equipment would have to drop down 10 feet to go to 40 feet. She said using the larger piece of equipment uses less land area, and using smaller equipment would require trenching deeper on the first bench which would cause loss of more trees. Sansing asked if some of the trees could stay in the 25 -foot spoils area and the 10 -foot area outside the trench. She agreed there would be an effort to save as many trees as possible. Brainard asked for the definition of tree mitigation. Yantis said the UDC explains it as tree planting based on the amount of inches removed. Brainard asked and Yantis noted that the new trees will not be planted in the same area because it will be an easement and it would be difficult to irrigate the trees and keep them alive. Motion by Sansing, second by Berryman to approve the agreements with a maximum mitigation fee of $150,000. Snell asked how the $245,000 was determined. Yantis said the amount was negotiated. He said a dollar value was assigned to the caliper amount and whether the trees were considered to be heritage trees. Carls noted that ABG has agreed to the amount. Sattler confirmed that ABG would not be the only user of the line. He asked and was told the City would probably not charge a future subdivision to use that line, saying impact fees from future development would be reimbursed to ABG. Carls noted that the City is negotiating with this party in front of the Council at this time, and would have no idea of what would happen with a subsequent user. Sansing withdrew his motion, Berryman withdrew her second. Motion by Eason, second by Oliver to approve the agreement as presented by staff. Brainard asked and Yantis agreed there could be added a credit using the same formula for any trees that don't need to be removed. Motion by Brainard, second by Oliver to amend the motion so that the agreement be revised to include a financial incentive for the contractor, where possible, to avoid destroying trees. Vote on the amendment: Approved 7-0. Vote on the original motion as amended: Approved 7-0. Dishong explained the amendment to the utility offsite reimbursement agreement, saying the calculations were changed in the document provided on the dais. Nelon asked and was told that ABG has agreed to the new language. Motion by Eason, second by Snell to approve the amendment to the offsite utility agreement. Approved 7-0. City Council Meeting Minutes/June 12, 2007 Page 4 of 8 Pages Consideration and possible . .ion with regards to a new Sanitation Service; ntract between the City of Georgetown and Texas Disposal Systems, Inc. (TDS) for solid waste and recycling services -- Rachel Osgood, Coordinator/Environmental Services and Jim Briggs, Assistant City Manager for Utility Operations With a slide presentation, Briggs explained the proposed sanitation services contract. He noted that in January, Council directed staff to renegotiate with the current contractor. He said the Focus Group made recommendations regarding the service options, and the Georgetown Utility System (GUS) Advisory Board reviewed the proposed contract. He said the GUS Board recommended an adjustment to include a service in the base rate for bulky waste curbside pickup once a quarter; and there are also some service level changes in the agreement depending on the location of the customer, inside or outside the city limits, and depending on whether the customer receives City utilities. He said commercial customers would prefer adding recycling options, such as wood pallet removal for an extra fee. Sattler asked and Briggs explained the City's expenses for operating the collection station. Briggs said there are changes in the proposed contract to make the agreement more closely linked to an agreement between the City and a contractor. He said he thinks the service being provided now is good. Motion by Eason, second by Oliver to recommend approval of the contract as proposed. Sansing questioned on Page 17 at Section 9.03.2, saying the language may be contradictory when you consider the descriptions of the customers for the various rate "tiers." He said he would like to see the word "its" be removed or the language be revised to not be conflicted. Motion by Sansing to remove the conflict with the tiers as outlined. Carls clarified that staff was concerned that if TDS contracted with another city, for example, Georgetown would want to know and have some control as to whether that waste would come to our collection station. Briggs said there are 416 customers that contract directly to TDS, are not inside the City, and would be in the Teir III area or just outside. He said there is an advantage to the City of 72 cents per month. Carls said she understood Sansing's concern and changes in the language will be made. Sansing suggested that the reference to $1,000 per calendar year in Section 9.02.5 for repairs and maintenance of the City -owned backhoe be changed to "in excess of $2,500 per calendar year," and suggested the same increase in Section 9.03.4 to $2,500 per year. Rick of TDS said TDS tries to use their own backhoe as often as possible because the City's backhoe is older. He said in the current contract the amount is $500. Motion by Sansing, second by Sattler to amend to change to $2,500 per year in both Section 9.02.5 and 9.03.4. Approved 4-3. (Eason, Oliver, and Snell opposed) Sansing said on Page 8, Section 3.01, he wishes to add limits of service according to who is a City customer. Bobby Gregory of TDS said the ability to quote the lowest rate to the City includes TDS using the City Collection Station for other than City customers. Sansing said he wants the Tier III customers to be customers of the City of Georgetown. It was determined that if TDS is not able to use the transfer station for their 416 pre-existing customers from outside of Georgetown, then the rate to be paid to TDS will be 72 cents higher. Motion by Sansing that only customers that are signed up with the City can use the transfer station. The motion died for lack of second. Sattler questioned whether to start the new contract by September 30, or move it back to September 20. Briggs said that date is consistent with the fiscal year date, saying In the contract there is a clause about evaluating and making adjustments. Rundell noted that the rate will be applied in September, but the City will leave the contract at September 30. She said billings after September 1 will stay at the same rate. He said this would give the City an opportunity to educate the public about the different levels of service. Motion by Sattler, second by Berryman that on Page 7, Section 2.01, after '("Primary Term").% the rest of the paragraph be stricken. Motion denied 4-3. (Eason, Oliver, Snell and Brainard opposed) Sattler noted that the quarterly curbside bulky waste collection would probably not be supported in Sun City. Briggs explained there was a lot of discussion on this subject at the GUS Board, saying there is community interest in keeping the neighborhoods looking good. There was discussion about bulky waste not being picked up currently. It was determined that there is no bulky waste pick up in the current contract. Briggs said there will be communications to the citizens that the customers need to call for the pick up of bulky waste, and it will be scheduled on a Saturday. Sattler said he has a problem with Section 15.04, on Page 31, "Fuel," regarding the adjustment, saying the City is at risk in the method of calculation. He said there is no accountability for efficiency in the formula for total gallons used. Briggs said the City is currently "at risk" because of no "true -up." Briggs said there is nothing historical with which to gauge. He said this would be the base year, and up to this point it has been a "lump sum contract," saying under this contract it will be measured. Sattler called attention to Section 9.04.4 on Page 18, asking who has full premises liability for the Transfer Station and Collection Station during hours of operation, and was told it would be TDS, and the wording will be clarified to so state. City Council Meeting Minutes/June 12, 2007 Page 5 of 8 Pages Berryman asked about the Arence in cost regarding the use of the landfill', utto, as opposed to the TDS Landfill in Creedmore. Briggs said where another entity controls the tipping fees, there is no rate stability. Nelon said when Council approved renegotiating with TDS, it was with full knowledge that the waste would go to the TDS Landfill in Creedmore. Berryman said she was concerned about the fuel costs between here and Creedmore. Briggs asked Bobby Gregory of TDS to address the issue of the benefits of the Transfer Station to the City as well as to TDS, and the benefit from the lower transfer rate at the TDS Landfill. Gregory said the Transfer Station provides the City with a conduit to access significantly lower charges at the TDS Landfill instead of paying the higher rates at the Hutto Landfill which are set by Williamson County. He said disposal at the Hutto Landfill is greater than the cost to transfer the waste to Creedmore, saying it would cost almost twice as much to haul individual truck loads to Hutto Landfill instead of dumping at the transfer station and then transporting to the TDS Landfill. He said the Transfer Station has the capacity to hold two to three garbage truck loads. He said the waste can be hauled at night to reduce traffic and wait time at the Landfill, and this method allows trucks to dump quickly at the local transfer station and get back into service in the neighborhoods. He said it also allows for cleaner trucks, less breakdowns, and more garbage pick-up service. He said because TDS owns the Landfill at Creedmore, they are not subject to increases by third parties such as at the Williamson County Landfill in Hutto. He said neither the Round Rock waste hauler nor the City of Austin waste collection from locations in or near Williamson County use the Williamson County Landfill for that same reason. He also said it is not fair to TDS to not be reimbursed fuel cost when it is the use of their landfill that saves time and tipping fees. He said the landfill gate rate at the Williamson County Landfill in Hutto is higher than at the TDS Landfill, and TDS should not be punished for using a better landfill. Sansing asked about the environmental issue of driving diesel trucks to Creedmore. Gregory responded that the cost is $40 per ton to the Hutto Landfill, and is $15 per ton at Creedmore, and a lot of the material in the transfer trucks is brush and limbs, which gets diverted at Creedmore and is ground up and is sold for compost, and it isn't known if that would happen at the Hutto Landfill. Berryman asked to know the benefit for recycling at the Transfer Station. and asked about the products sold from the TDS recycling company named Gardenville. Gregory noted that TDS manufactures products from recycled material that they sell at their Gardenville Store at the Collection Station. He clarified that the City provides mulch at no cost for citizens to pick up from the Collection Station. He said there are recycling facilities available to the citizens both inside and outside the Collection Station, which encourages people to recycle. He noted that it costs the City money to handle curbside recycling, but it's helping people divert as much as they can from the landfill; giving citizens the opportunity to buy a product that has been recycled and provides water conservation and minimizes the volume of the Landfill. Eason said that one of those mulch substances is recycled glass. Nelon noted that Snell has asked to call the question. Nelon summarized Council's action regarding this item, saying there was an original motion, an amendment by Sansing regarding the backhoe, and a couple of wording changes that Carls has noted. Brainard asked about "office paper" in the residential curbside recycle bins. Gregory said TDS will collect whatever the City of Austin will process. Carls said the City would find out about office paper. Brainard said a 36 -gallon container ought to be sufficient for the residential customers, and they could be offered a 96 -gallon container at no extra cost and no requirement to recycle. Sansing said he wishes there was mandatory recycling. Nelon confirmed with Briggs that the Focus Group wanted choices, and Briggs said he thinks mandatory recycling will eventually be added. Vote on the motion as amended: Approved 7-0. 8:27 p.m. -- recessed 8:38 p.m. -- resumed R2. First Reading of an ordinance repealing and replacing Section 13.04.180 of the City Code of Ordinances relating to "Rates and Charges --Solid Waste Disposal --Schedule" -- Rachel Osgood, Environmental Services Coordinator and Jim Briggs, Assistant City Manager for Utilities Briggs explained that these are the rates and charges discussed in last night's workshop. He noted that there was a change in the effective date to "...or with billings on or after September 20, 2007." He said TDS has agreed the contract will start at that date in order to be consistent. Sansing asked for the average size container in Georgetown and Briggs replied that it is 96 gallons. Sansing said he thinks the citizens should have the smallest container and pay more for larger containers. Nelon noted that the Focus Group had determined the appropriate size. Brandenburg said he thinks the public needs to be educated and suggested a recycling task force to address these issues. Oliver said he is sympathetic, but given that the current container is 96 gallons, it would be assumed that a smaller container would look like a rate increase and a reduction in service. He said he agrees with Brandenburg to educate the public. Snell said the reason the smaller containers were offered was because some people couldn't handle the large containers and were from a one-person household. Motion by Sansing, second by Brainard that staff put together a group to encourage the public to recycle and report back to Council in 90 days. Approved 7-0. Motion by Sansing, second by Eason to approve the ordinance on first reading. Sattler said he thinks the City should be cautious about the restrictions they put on people. Vote on the motion: Approved 7-0. City Council Meeting Minutes/June 12, 2007 Page 6 of 8 Pages 1. Second Reading of an Ordinance amending the 2006/07 Operating Plan Element (budget) for adjustments related to staffing, equipment, and capital improvements -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration Zavala read only the caption of the ordinance on second reading. Motion by Eason, second by Oliver to approve Ordinance 2007-35. Approved 7-0. 2. Second Reading of an Ordinance of The City Council of The City of Georgetown, Texas Amending The Code Of Ordinances To Amend Chapter 6.50, Section 6.50.040A(12)(b), and Section 6.50.070 Pertaining To The Regulation Of "Itinerant Merchants" -- Paul E. Brandenburg, City Manager Brandenburg read only the caption of the ordinance on second reading. Sansing suggested a sign on the property at the corner of Williams Drive and the IH35 northbound frontage road that states that no automobiles for sale can be parked on the property . Brandenburg said Code Enforcement is working with the owner of the property regarding such a sign. Motion by Eason, second by Sansing to approve Ordinance 2007-36. Approved 7-0. 3. 1) Second Reading of Ordinance for an amendment to the development plan for an existing Planned Unit Development district and 2) Consideration and Possible Action on a Public Review Final Plat for 37.041 acres in the Frederick Foy Survey, abstract 229, to be known as Sun City Georgetown, [Neighborhood Forty, located near Sun City Boulevard and the future extension of Ronald Reagan Boulevard -- Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Maddox read only the caption of the ordinance on second reading, noting this allows for a change from zero lot line to cluster lots. Motion by Snell, second by Sansing to approve Ordinance 2007-37. Approved 7-0. 4. Second Reading of an Ordinance accepting approximately 542.4 (+/-) acres of land into the Extraterritorial Jurisdiction of the City of Georgetown, consisting of 320 tracts of land all located in the Gabriel's Overlook Subdivision, including private streets and park facilities, which tracts are those parcels having the identification numbers of R382473; R401875 through R402047; R402049; R402114 through R402157; R402159 through R402225; R467839 through R467872; R472016; R472017; R472203; and R472204 -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Brandenburg told Council the City will go forward in case the action taken by the other city falls through. He said he and the Mayor met with the Mayor and City Manager of Leander and informed them that Georgetown would go forward with the second reading. Polasek read only the caption of the ordinance on second reading. Speaker, Jana Duty, resident of Gabriel's Overlook, told Council she is not speaking as County Attorney, saying over 100 residents of Gabriel's Overlook attended the Leander City Council Meeting last week and expressed to Leander that they want to live in Georgetown. She said the homeowners association is going to hire an attorney to challenge Leander's action. Speaker, Marc Truslow, asked Council to approve the ordinance and to help them make it "stay that way." He said he moved to Gabriel's Overlook instead of southern Oregon. He said he was promised free land in other cities in Central Texas for his company, but he chose to come to this area. He said this issue is serious. Speaker, David Ciambrone, moved here from California, and could have gone anywhere, but settled here because of the nature of the community. He said he and his wife have become involved in Georgetown. He told Council he writes a column for the Sun, and said he has always thought his home was in the Georgetown ETJ. Speaker, Darrell Loyless, thanked the Council for the professional way he and his wife have been treated here in Georgetown. He said he tells his students that "all politics are local." He said the actions of the Leander Council do not reflect the needs or will of the residents of Gabriel's Overlook. He said he asked them to provide the kind of leadership that makes politics an admirable profession. He thanked the Council and staff for working with the residents of Gabriel's Overlook with the desire to do their best. He asked the Council to pass the ordinance. Speaker, Mary Lemke, said the residents of Gabriel's Overlook don't understand the back-to-back meetings in Leander to take quick action, and don't understand the method that Leander used to determine their population, showing an almost 60% increase since January of 2006. She asked the Council to approve the ordinance. City Council Meeting Minutes/June 12, 2007 Page 7 of 8 Pages Motion by Sansing, second by Eason to approve Ordinance 2007-38. Approved 7-0. Brainard said he appreciates the future members of District 3. Vote on the motion: Approved 7-0. 5. Second Reading of an Ordinance of the City Council of the City Of Georgetown, Texas, accepting approximately 434.3 (+/-) acres of land located in Williamson County, Texas into the Extraterritorial Jurisdiction of the City of Georgetown, said land known as the "Lively Tract" and being more particularly described in Document No. 1990719 of the Official Records of Williamson County, Texas, and being in the in the A.H. Porter Survey, A-4907 the Greenlief Fisk Survey, A-5, and the B. Manlove Survey, A-420, Williamson County, Texas -- Tom Yantis, Assistant City Manager Polasek read only the caption of the ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2007-39, Approved 7-0. 6. Second Reading of an Ordinance accepting approximately 48.567 (+/-) acres of land into the Extraterritorial Jurisdiction of the City of Georgetown, consisting two tracts of land owned by the Erik Maund Irrevocable Trust, which tracts are those parcels having the identification number R021697 and R090958 -- Edward G. Polasek, A1CP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek read only the caption of the ordinance on second reading. Motion by Sansing, second by Eason to approve Ordinance 2007-40. Approved 7-0. R Public Hearings/First Readings 1. First Reading of an Ordinance establishing 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, Human Resources Director Russell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. He noted that this ordinance is tied to the budget amendment that was passed because another firefighter position was added, and this ordinance allows the City to fill the position. Motion by Sansing, second by Oliver to approve the ordinance on first reading. Sattler asked if this covers future needs for the Fire Department. Russell said this ordinance is needed any time a position is added for this fiscal year. Approved 7-0. 2. First Reading of an ordinance repealing and replacing Section 13.04.180 of the City Code of Ordinances relating to 'Rates and Charges --Solid Waste Disposal --Schedule" -- Rachel Osgood, Environmental Services Coordinator and Jim Briggs, Assistant City Manager for Utilities (This item was handled earlier in the meeting following Item P.) S Appointments 1. Consideration and possible action to appoint a Chair for the Georgetown utility System Advisory Board -- Mayor Gary Nelon Motion by Eason, second by Berryman to approve the appointment of Robert Kostka as Chair of the GUS Board. Aprpoved 7-0, 2. Consideration and possible action to appoint Kelsey Wright to the Georgetown Youth Advisory Board -- Mayor Gary Nelon Motion by Brainard, second by Snell to approve the appointment of Kelsey Wright to the Youth Advisory Board. Approved 7-0. The meeting was adjourned at 09:20 PM. City Council Meeting Minutes/June 12, 2007 Page 8 of 8 Pages City Secretary Sandra