HomeMy WebLinkAboutMIN 02.13.2007 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
Gary Nelon presiding.
Council Present: Council Absent:
Patty Eason, Gabe Sansing, Doug Smith, Pat Henry Carr
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; Randy Morrow, Director of Community Services;
Kimberly Garrett, Parks and Recreation Director; Anthony Lincoln, Fire Chief; Bobby Ray, Director of
Planning and Development; Ed Polasek, Principal Planner; Karen Frost, Administrative Supervisor of
Planning and Development; David Munk, Development Engineer; Keith Hutchinson, Public Information
Officer
Executive Session
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
- Stanford v. City of Georgetown , Cause No. 06-634-C26, filed in the 26th Judicial District of Williamson County, Texas
- Residual Partners LLC v. City of Georgetown, Cause No. 07-093-C26, in the 26" Judicial District, Williamson County, TX.
- Mark Shelton v. Rodney Eric Wise, Shanna Elaine Shelly, David Earl Morgan, City of Georgetown , Cause No. A07 CA063
LY, In the United States District Court for the Western District of Texas, Austin Division
B Sec 551.072: Deliberations about Real Property
- Discussion and possible action concerning the acquisition of a 0.04 acre Clear Zone Easement and denial of access on
property owned by Threadgill Oil Co., Inc., located at 705 N. Austin Avenue, in connection with the proposed Texas
Department of Transportation/Austin Avenue Maintenance Project -- Jim Briggs, Assistant City Manager for Utility Operations
and Patricia E. Carls, Brown & Carls, LLP, City Attorney
C Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Discussion and possible action regarding commercial or financial information that the governmental body has received from
a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting economic development negotiations; and
deliberation of the offer of a financial or other incentive to a business prospect described above - Project Fortress
City Council Meeting Minutes/February 13, 2007
Page 1 of 1&ZPages
(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.)
D Cali to Order
Mayor Nelon called the meeting to order at 6:01 p.m.
F Comments from the dais
- Welcome to Audience and Opening Comments
- Review of procedure for addressing the City Council
Mayor Nelon welcomed the audience and reviewed the procedure for addressing the Council.
G Announcements and Comments from City Manager
Brandenburg made the following announcements:
The City will hold elections for City Council seats for Districts 3, 4, and 7 on May 12, 2007. The last day to
file for candidacy is March 12, 2007. Candidate Packets can be obtained at City Hall from the City
Secretary.
The Community Center grand opening/open house is scheduled for this Saturday, February 17th at 10:00
am. There will be an open house from 10 am to 12 pm with light refreshments and music. The Public is
invited to attend. The Community Center is available for rental beginning on March 2, 2007.
All
City offices
will be open
for business,
and Texas Disposal Systems will run normal trash pickup routes
on
President's
Day, which
is on Monday,
February 19, 2007.
The City is now taking applications for the Georgetown Citizen Academy. For more information, please go
to our website at www.georgetown.org or contact Shirley Rinn at 930-3723. The deadline for submitting
applications to the Academy is February 23, 2007.
H Public Wishing to Address Council
As of the deadline, there were no persons wishing to addess the Council on items not already listed on the agenda.
Action from Executive Session
Motion by Smith, second by Sansing that the City Council reject the January 10, 2007 counteroffer from Mr.
Threadgill and authorize Kent Sick to move forward with the scheduled condemnation proceeding. Approved
6-0. (Carr absent)
Mayor Nelon noted that Item AA-3 was pulled off this agenda by the applicant.
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.
J Consideration and possible action to approve the minutes of the Council Workshop on Monday, January 22,
and the Council Meeting on Tuesday, January 22, 2007, and approve corrections to the minutes of November
147 2006 -- Sandra D. Lee, City Secretary
Snell made a correction to the minutes, saying at the top of page 7, the motion was made by Snell, not Smith,
and suggested adding "to amend" to the motion by Smith, second by Berryman to delete F(5). He also noted
that the motion to delete Item G(2) didn't carry forth to the rewrite of the ordinance. Carls said she will make
sure that Item G(2) is deleted in the final version of the ordinance.
K Consideration and possible action to approve an award of bid for the furnishing and cleaning of employee
uniforms to UniFirst in the estimated annual amount of $33,064.00 -- Marsha Iwers, Purchasing Manager and
Micki Rundell, Director of Finance and Administration
L Consideration for the approval to purchase 800 Mhz radios from Motorola through the State of Texas QISV
City Council Meeting Minutes/February 13, 2007
Page 2 of%4.2 Pages
t/ 40
contract in the amount of $30,750.00 -- Terry Jones Support Services Manager and Micki Rundell, Director of
Finance & Administration
M Consideration and possible action to approve the purchase of ten additional AutoCite handheld computers
from Enforcement Technology, Inc. in the amount of $43,700, to be used by Code Enforcement and Police --
Cathy Leloux, Court Administrator and Micki Rundell, Director of Finance and Administration
N Consideration and possible action to approve a five-year renewal agreement for annual arbitrage rebate
services with First Southwest Asset Management, Inc. in the estimated amount of $27,500 per year -- Micki
Rundell, Director of Finance and Administration
O 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 December 31, 2006 --
Leticia Zavala, Controller and Micki Rundell, Director Finance & Administration
P Consideration and possible action to authorize the renewal of a lease by the Davidson Brothers of +21 acres of
the future Mankins Crossing Wastewater Treatment Plant Site for agricultural purposes -- Jim Briggs, Assistant
City Manager for Utilities
Q Consideration and possible action to appoint Assistant City Manager, Tom Yantis, as Mayor Gary Nelon's proxy
for the Envision Central Texas Board of Directors and request for approval of annual contribution of $5,000 --
Mayor Gary Nelon
R Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board
for the approval of an allocation of $2,000.00 in Hotel Occupancy Tax (HOT) funds to Fury and Flight
Basketball for help in the cost of promoting their tournaments, as well as providing hospitality for the attending
coaches and tournament volunteers -- Shelly Hargrove, Tourism Director and Main Street Manager and Randy
Morrow, Director of Community Services
S Consideration and possible action for the award of bid to Contractor's Asphalt in the amount of $48,671.50 for
trail construction next to Spring Valley Road -- Kimberly Garrett, Parks and Recreation Director and Randy
Morrow, Director of Community Services
T Consideration and possible action to approve the declaration of used uniform jackets as surplus and
authorization for staff to donate to area fire departments -- Anthony Lincoln, Fire Chief
U Consideration and possible action to authorize application for a training grant for $3,600.00 from the Texas
Commission on Fire Protection -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief
Motion by Smith, second by Oliver to approve the Consdent Agenda with the correction and addition to the minutes
of January 23, 2007. Approved 6-0. (Carr absent)
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
V Consideration and possible action to approve a conract with Williamson County in the amount of $60,000.00 to
provide fire protection services -- Anthony Lincoln -- Fire Chief
Lincoln explained the item, saying now that the City has a conract with the Emergency Service District, the City
is being reimbursed for calls outside the city limits, but the County is still authorizing this money to come to the
City. Motion by Snell, second by Oliver to approve the contract. Approved 6-0. (Carr absent)
W Consideration and possible action to authorize a joint application with Williamson County Emergency Services
District No. 8 for fire apparatus acquisition from the Round Rock Volunteer Fire Department -- Clay Shell,
Assistant Fire Chief and Anthony Lincoln, Fire Chief
Lincoln explained that the Round Rock VFD is no longer in existance, and there are a couple of pieces of
equipment that Georgetown would like to obtain. Motion by Sansing, second by Oliver to approve the joint
application. Approved 6-0. (Carr absent)
City Council Meeting Minutes/February 13, 2007
Page 3 of12 Pages
izf
X Consideration and possible action for the award of bid to H. Deck Construction Company in the amount of
$393,240 to light the Hike and Bike Trail from Rivery Park to Chandler Park and install emergency call boxes --
Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services
Morrow explained the item, saying it was bid once before and this time the amount has come in under budget.
Motion by Sansing, second by Berryman to award the bid. Approved 6-0 (Carr absent)
Y Forwarded from the Georgetown Utility System (GUS) Board
Consideration and possible action to approve a resolution regarding the operation status of the Dove Springs
Wastewater Treatment Plant -- Doug Smith, Councilmember District 3 and Chair of the GUS Board
Smith gave a history of the incident involving the wastewater plant, and described that small cracks appeared in
the basin, and it was unknown whether the cracks created structural damage. He said it became a major
political issue. He said when Treatment Plant Unit 2 was brought into operation last year, Unit 1 could be
inspected. He said it was found that it operated with normal maintenance along the lines prescribed in the
report from Dr. Furlong. He said the Georgetown Utility Systems Advisory Board recommends the Council
adopt a resolution to incorporate these findings, and that this resolution be given media attention. He read the
resolution. Motion by Smith, second by Sansing to approve the resolution. Approved 6-0. (Carr absent)
Z Second Readings
1. Second Reading of an Ordinance Amending Chapter 16, ("Definitions") and Section 11.03, ("Preservation of
Natural Features and Trees") , of the Unified Development Code to add new provisions relating to the
protection and preservation of Heritage Trees and to provide related definitions -- Heather Brewer, Urban
Forester and Randy Morrow, Director of Community Services
Yantis read only the caption of the ordinance on second reading, and gave a history of this item. He said
the staff has three areas of concern: (1) the definition of critical root zone (1 foot for each 1 inch of
diameter) was changed to a minimum distance of 10 feet, so that created two different definitions, one for
heritage trees and one for protected trees from previous years, saying the City may need to alter the
impervious cover rule; (2) there is a need to simplify the definition of tree survey; and (3) alternative
landscaping is listed as being allowed, but there are no guidelines or criteria as yet.
Eason asked Yantis to comment on what happened to the trees that were removed in Georgetown Village.
He said that the Texas Commission on Environmental Quality * was the reason the tFee was Femoved
beGause a Utility liR8 was planRed; but it weuld ge through a Gave, se the line was Fneved to where there
required a utility line to be moved in order to save a cave, and
that the relocation of the utility line was the reason that the tree was removed. Sansing brought up the tree
that was knocked down at the Bush's Chicken site because the Texas Department of Transportation
(TXDoT) would not change the driveway separation. Yantis confirmed that there was no City requirement
that the tree be removed. *(as corrected by Eason at the February 27, 2007 Council Meeting)
Speaker, Brad Curlee, with additional minutes from Bill Sattler, said he loves trees but is not in favor of the
ordinance. He said he thinks the ordinance is not needed because developers understand that trees
contribute value. He said the ordinance doesn't sufficiently define "heritage trees." He said the ordinance
doesn't really save trees but creates fines and penalties. He said since this ordinance only applies to new
developments, it is unfair and discriminates against new homeowners and developers. He said he wonders
what the ordinance will do to the price of homes. He said he thinks Georgetown is a beautiful city without
the ordinance. He asked if the City will have to hire more workers to enforce the ordinance.
Speaker, Darrick McGill, suggested looking at the comments made and delay this second reading prior to
moving forward. He said his largest disappointment is that the ordinance is incomplete on proactively
protecting trees. He said there are more penalties than incentives. He noted that Council has his detailed
comments in the agenda packet. He asked that the public be allowed an opportunity to review any
changes.
Speaker, Jack Hunnicutt, said he feels privileged to live in a community that gives credence to heritage
trees. He noted that the construction and development industry in Georgetown is the largest single
employer in the community. He said this ordinance should not just be about trees, it should be about
people. He asked for a sense of balance regarding this ordinance.
Speaker, Marlene
McMichael,
explained
that the developer of Georgetown
Village wanted to save the
trees
but the cave could
not support
the
road,
so the
road
needed
to
be moved.
She
said
the easy route
is
to
City Council Meeting Minutes/February 13, 2007
Page 4 of 32 Pages
1t VJt
create a law that envokes penalties and suggested that is not the best approach. She suggested the best
approach would be to provide incentives. She noted that people have been to four meetings to express
their concerns and the Council should hear them and make this an ordinance that is equal.
Speaker, Steve Klein, landowner and business owner in Georgetown thanked Council for the opportunity to
speak.
Speaker, Todd Woods, encouraged the Council to make the right decision.
Speaker, Katherine Heidemann, said if there is a regulation that can't be enforced with fines and fees, it
should be enforced with incentives. She said Council would not be able to enforce fines and fees in the
ETJ and that would be where Council would want to have an influence. Nelon asked and Carls said
subdivision platting can be enforced in the ETJ.
Speaker, John Yearwood, told Council he has a business on SH195 north of town. He said he doesn't
understand how the City can enforce the law in the ETJ, and said he feels it is a violation of property rights.
He said he has land and doesn't have plans right now, but asked If he pushes a tree down now, if he would
be in violation later when he develops.
Speaker, Ercel Brashear with additional minutes from Mel Penland, said he is a realtor and developer and
he has witnessed many trees being removed to accomodate the desires of the owners, mostly because
their location conflicted with the mandatory rules required by the City. He asked if this ordinance gives
trees the ability to trump development rules that have been adopted for equally important reasons. He said
the ordinance does not resolve what is done when a mandatory driveway separation demands that a tree
be removed. He asked how conflicts would be resolved. He said it is the history of the community that
there are reasonable people who are willing to be flexible in meeting the criteria of the community. He said
he would like to see that maintained, but that is not what he is seeing. He said he doesn't want to see a
tree come down unnecessarily. He said trees add value to a project. He said builders don't voluntarily
knock down trees because they have to be hauled away and that is expensive. He said good legislation
should solve problems.
Speaker, Brooke Bulow, of the Homebuilders Association of Austin, said the common goal is that mature
trees and landscaping enhance the attractiveness of a community. She said trees increase real estate
value, provide shade, and provide wildlife habitat. She said she feels this ordinance has created more
questions than answers. She asked that heritage trees be better defined. She suggested that there be
meaningful incentives for preservation. She asked Council to delay the ordinance and have more dialogue
with the builders.
Speaker, Patrick Brewer, a certified arborist, said he worked on the Treaty Oak in Austin. He said if the City
codifies to protect trees, then actually protect the heritage trees. He said to look into critical root zones
based on the size and kind of the tree and protect the critical root zone. He said he is against impervious
cover over the root zones.
Motion by Smith, second by Oliver to approve the ordinance on second reading.
Motion by Snell, second by Eason to amend on Page 7, Item F(2), to remove the language that was
inserted last time which was: "....or a plan for alternative landscaping, if approved by the Urban Forester."
Snell explained that he had moved to add this last time in an attempt to assist John Gavurnik. He said this
became combined with affordable housing. He said what was put in the ordinance applies to anyone, any
applicant. He said it's difficult to create an equation to measure how many shrubs equal a tree. Nelon
asked Yantis when it would come up on a residential plat. Yantis said it would come up at the time of
platting. Yantis said he thought Gavurnik would like the option of not having to replant trees but have the
option to add landscaping. Yantis said the provision is available for Council to waive the mitigation
requirement. Approved 6-0. (Carr absent)
Motion by Snell, second by Smith that the current language in the definition of tree survey be replaced by
"...... a planned drawing prepared by a licensed surveyor, licensed architect, or an ISA certified arborist that
shows the size, location, species, and critical root zone of all trees required to be shown on a tree survey by
the Unified Development Code." Approved 6-0. (Carr absent)
Sansing asked on page 5 at Tree Survey, if there are only a few trees, that the owner be able to identify
those trees as part of an alternative, and if their location is proved invalid, than they may have to hire a
surveyor. Nelon asked and Yantis explained that has been added into the other ordinance.
Page of Pages
Sansing said he would have several suggested modifications, borrowed from the Austin ordinance. Motion
by Sansing, second by Smith to add: "Limits of Surveys" in the definition of Tree Survey, further adding: "if
there is an area which is known at the time of the survey to be on the project site or easement, but onside
the buildable area, a limit of construction line may be established. Trees beyond this line need not be
surveyed provided the following conditions are met: (1) The limits of construction must be fenced
throughout all phases of construction, and (2) a general description of the numbers, types and sizes in the
area beyond the limits of construction must be provided as a plan note." Yantis noted that is the current
practice. He said at Wolf Ranch, the developer set aside 17 acres of land that they were not going to
develop and planned to later donate to the City as parkland. Snell clarified that if it is parkland, the land
moves outside the development, and asked if there would be an instance where a developer fences off a
portion of his land and states that he's not going to do anything with it, and then later decides to develop,
then what should be done. Yantis said at that point there would be a tree survey required. Yantis said the
current City practise is a little more lenient because the City doesn't require the developer to describe any
of the trees in the area to not be developed. Sansing suggested striking the second portion of his motion,
saying in the future, the City could look at incentives instead of penalties. Sansing removed the wording of:
"a general description of the numbers, types and sizes in the area beyond the limits of construction must be
provided as a plan note." Smith removed his second. Berryman seconded. Smith said he feels that a
general description is not "going out and counting," and is not particularly onerous. Motion by Smith,
second by Snell to amend to put that section back in. Denied 4-2. (Eason, Oliver, Berryman and Sansing
opposed) Vote on original motion: Approved 6-0. (Carr absent)
Motion by Sansing, second by Smith to add in the definition of Tree Survey, (1) "An Aerial Photography
Alternative to supplant the ground survey for preliminary analyses of large scale projects such as
subdivisions, utility corridors, and golf courses;" and (2) "The aerial photography must be flown at an
appropriate time of the year, such that all signicant tree types are visible. This would typically be from April
through November for deciduous trees. Some hill country sites dominated by Live Oaks and Junipers may
be flown during the winter months; (3) Interpretation done without computer enhancement must be flown at
a minimum scale of approximatelhy one (1) inch = 400 feet; (4) To provide maximum location accuracy,
interpretations must be done from stereo nine by nine (9x9) photographs. An acceptable alternative to
stereo photography is the use of mono photographs which have been rectified and flown with clearly
marked ground points; and (5) Another alternative is computer generated imagery from single photos flown
at a minimum scale of approximately one (1) inch = 2000 feet. This imagery must be rectified and digitized
using known ground control points. Other alternatives will be considered which give equal or greater
accuracy potential." There were questions and comments from the Council. Sansing asked and Brewer
noted she had asked City of Austin about their use of aerial photography. She read from an email that if
Austin uses aerial surveys, it is only on very large and dense developments and they frequently require a
more detailed tree survey at a later date. Snell said the first ordinance doesn't allow a subsequent survey.
Yantis said for large developments, the aerial might be helpful, but down the road, there would still need to
be a ground survey. Sansing suggested that the portion of his motion regarding aerial photography be
struck. Eason said she doesn't want the aerial to become the first and final option without the ground
survey. There were further questions and comments from the Council. Sansing suggested removing the
word "alternative." Snell asked to friendly amend to take out the word "supplant," saying instead: "aerial
photography may be used for preliminary analyses of large scale projects...... " Snell's friendly amendment
was accepted. Approved 6-0.
Motion by Sansing, second by Berryman, on page 6, Item 3, to insert the word "calendar." Sansing later
removed his motion and seconded Eason's amendment. Motion by Eason, second by Sansing to amend
that on Item D(3): "ten (10) calendar days" be replaced with: "30 days from the date of application, *and
upon receipt of a written request from the owner or the owner's representative, said date for the Urban
Forester's final decision shall be unilaterally extended for a period of up to fifteen (15) additional days."
She noted that she was reading from Ercel Brashear's comments in the packet. Approved 6-0. (Carr
absent) *(as corrected by Eason at the February 27, 2007 Council Meeting)
Motion by Sansing, second by Snell on E(1) natural disasters, add: " fire." Approved 6-0. (Carr absent)
Motion by
Sansing,
second by
Berryman
on E(3), add: "ISA certified arborist." Snell asked to friendly
amend "in
writing."
Approved
6-0. (Carr
absent)
Motion by Sansing, second by Berryman at F(1), insert in parentheses: "(if applicable.)" Approved 6-0.
(Carr absent)
City Council Meeting Minutes/February 13, 2007
Page 6 of $2, Pages
I
Motion by Sansing, second by Smith on page 7, add: "or other public owned properties," and add that to
all changes to Item G. Approved 6-0. (Carr absent)
Motion by Eason, second by Snell to delete G(2) because that change from the previous meeting didn't
appear in the revised ordinance presented on this agenda. Approved 6-0. (Carr absent)
Motion by Sansing, second by Berryman on page 7, Item H(4) Parkland Dedication Credit , insert
"throughout the subdivision" and delete: "...provided that the Heritage Tree saved is located on public
parkland, private parkland, or open space." Approved 6-0. (Carr absent)
Motion by
Sansing, second by Snell on page
8, add:
Item 1(9) "Should the area within the CRZ become
compacted
during excavation or grading,
the
affected
area shall be aerated." Approved 6-0.
(Carr absent)
Motion by Sansing at Item 1(3) insert: "50%" instead of "25%." Oliver suggested that the size of the CRZ be
discussed first, and Sansing withdrew this motion.
Motion by Sansing, second by Berryman that on the CRZ, it be the same as in the other ordinance. There
was discussion regarding the procedure for measuring the tree. Oliver clarified this would mean to retain
the first paragraph of the definition, and delete the second paragraph that deals with heritage trees.
Approved 6-0. (Carr absent)
Motion by Sansing, second by Snell on page 8, Item 1(3) to change 25% to 50%, as in the Austin
Ordinance. Approved 6-0. (Carr absent)
Motion by Smith, second by Oliver to delete the word "direct" in Items C(3) and D(2). Approved 6-0.
(Carr absent)
Smith expressed concern regarding a back-up for Arborist Heather Brewer. Yantis read the definition in the
UDC, saying the Urban Forester is defined as an ISA certified arborist, which means the City could contract
with a certified arborist in Brewer's absence.
Sansing asked that the City adopt something more detailed and specific as in the City of Austin tree
ordinance. Oliver suggested when staff tries to work out conflicts at the staff level, it would probably be
important internally to work through some of the hierarchy of the process.
Smith asked about the definition of "significant stand." He asked for clarification regarding the "cluster of
trees." Brewer said it was from the UDC, and Yantis said it is supposed to refer back to the trees that were
excluded in the definition of protected trees.
8:20 p.m. -- recess
8:30 p.m. -- resumed Open Session
2. Second Reading of an ordinance amending wastewater rates and structure to reflect the cost of
providing service -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and
Administration
Rundell read the caption of the ordinance on second reading. She noted that it allocates the cost to the
citizens of Georgetown in a fair and equitable way. Motion by Smith, second by Eason to approve
Ordinance 2007-12. Approved 4-2 (Sansing and Berryman opposed)(Carr absent)
3. Second Reading of an ordinance Amending Chapters 2.48, 2.50, 2.64, 2.68, 2.699 2.72, 2.104, 2.112, and
2.116 of the City of Georgetown Code of Ordinances Regarding "City Commissions and Boards" to
Change the Number of Persons on Certain City Commissions and Boards and to Change Certain
Provisions Relating to Appointment and Role of Alternates -- Paul E. Brandenburg, City Manager
Brandenburg read the caption of the ordinance on second reading and noted that this reading contains the
revsion from last meeting to change the number of members of the Historic Architectural Review
Commission to seven. Nelon noted that he had received and forwarded an email from Will Moore regarding
the postion of alternate. There was discussion. Snell said he thinks it deserves to be revisited in the future.
There was discussion regarding attendance and the possibility of moving the meeting times to accomodate
City Council Meeting Minutes/February 13, 2007
Page 7 of $2, Pages
a
the majority of the members. It was suggested that a quartely attendance report be collected by the City
Secretary to be shared with the Council. Eason said the idea of workforce issues be accomplished with ad
hoc committees composed of people who were not members of the Board. Motion by Sansing, second by
Berryman to approve Ordinance 2007=13. Approved 6-0. (Carr absent)
4. Second Reading of an Ordinance Rezoning Lot 2, McDaniel Park Subdivision from C-3, General
Commercial, to PUD, Planned Unit Development with a base district of TH, Townhouse, to be known as
Holly Street Village, located between North College Street and North Holly Street -- Bobby Ray, AICP,
Director of Planning and Development
Ray read only the caption of the ordinance on second reading. Motion by Smith, second by Eason to
approve Ordinance 2007-14. Approved 6-0, (Carr absent)
AA First Readings
1. First reading of an ordinance adding new Chapter 12.05 to the Georgetown Code of Ordinances relating to "
Valet Parking" — Tom Yantis, Assistant City Manager
Yantis read only the caption of the ordinance on first reading after satisfying the requirements of the City
Charter. He explained the sections of the ordinance, such as permits, applications, violations, fees, denial
or revocation, appeal process, standards, location of valet parking service, service stands, insurance, signs
and markings.
There were questions from the Council regarding the fees and penalties. Motion by Smith, second by
Berryman to approve the ordinance on first reading. Motion by Berryman, second by Sansing to amend to
lower the fee to $150.00. Approved 6-0. (Carr absent)
Motion by Smith, second by Oliver to amend that for more than two spaces, the fee shall be $50 per
additional space per year. Approved 6-0. (Carr absent)
Oliver asked that staff clarify
the provision
for
non -profits. Berryman asked and Yantis said he would check
into more than one business
being served
by
the same vendor.
2. First Reading of an Ordinance amending Georgetown Code of Ordinances Section 2.36.010 relating to the
beginning and ending date of terms for City commissions, committees and boards; amending Section
2.36.070 relating to removal of members of City commissions, committees, and boards; and adding new
Section 2.36.080 relating to the applicability of Chapter 2.36 to Economic Development Corporations -- Paul
E. Brandenburg, City Manager
Brandenburg explained the purpose of the ordinance has to do with term limits, removal of members, and
economic development corporations. He read only the caption of the ordinance after having satisfied the
requirements of the City Charter. Motion by Smith, second by Sansing to approve the ordinance on first
reading. There was discussion regarding clarification of filling a vacancy and whether that would count
against a member's two two-year terms. Oliver asked that there be clarification for the person who comes
in to take the place of the person who leaves after one year. Motion by Smith, second by Eason to amend
that the person coming on a term after someone serves the extra term, will begin a two-year term and will
be eligible for a second two-year term. Oliver asked that it be checked to see if any other changes in the
organization need to be made to make that work. Approved 6-0. (Carr absent) Vote on the motion as
amended: Approved 6-0. (Carr absent)
3. First Reading of an Ordinance Annexing into the City 590.40 acres, more or less, in the L.S. Walters
Survey and Burrell Eaves Survey, for Madison Georgetown, located South of Ronald Reagan Boulevard
and west of SH 195 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek,
AICP, Principal Planner
This item was pulled by the applicant.
4. First Reading of an Ordinance Annexing into the City 17,232 acres, more or less, in the Burrell Eaves
Survey, for Sun City Neighborhood 61, located west of SH 195 -- Bobby Ray, AICP, Director Planning and
Development and Edward G. Polasek, AICP, Principal Planner
Minutes/FebruaryCity Council Meeting 00
Page 8 • Pages
Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. Motion by Oliver, second by Berryman to approve on first reading. Approved 6-0. (Carr
absent)
BB update to the UDC Amendment process pertaining to the Mixed Use and Transit Oriented Design Ordinances
-- Bobby Ray, AICP, Director of Planning and Development
Ray said staff is requesting additional time to complete the Mixed Use and Transit -Oriented Design Ordinances,
and requested those items be placed on a separate schedule. Motion by Snell, second by Oliver to approve on
first reading. Approved 6-0. (Carr absent)
CC Discussion and possible action to approve a resolution appointing the members of the Hoard of Directors of
the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), the Wolf Ranch TIRZ, and the Downtown
Georgetown TIRZ; and establishing an effective date -- Tom Yantis, Assistant City Manager
Yantis read only the caption of the ordinance on first reading after having satisfied the requirements of the City
Charter. He read the names of the recommended members for each TIRZ. Motion by Smith, second by
Berryman to approve the ordinance on first reading. Approved 6-0. (Carr absent)
DID Discussion and possible direction to staff regarding two-hour parking zone expansion survey results -- Tom
Yantis, Assistant City Manager
Yantis explained that the City received requests from two other businesses off the square to extend the two-hour
parking zone. Council directed staff to do a survey like was done with the first two-hour parking zone. He said
the results were to not extend the two-hour parking zone. He said the staff recommendation is to deal with each
request on a case -by -case basis. Motion by Berryman, second by Oliver to not extend the two-hour parking
area and deal with requests on a case -by -case basis. She said after the Courthouse reopens there will be fewer
offices in the building. She suggested that the parking zone be addressed at that time. Smith asked the
procedure for dealing with the individual businesses. Yantis said he thought they would provide two-hour
parking for those merchants who requested it, asking which spaces, and then notifying the adjacent merchants.
Snell clarified that anyone could park in those spaces as long as they didn't exceed two hours. Smith said he
thinks two hours may be too short. Approved 6-0. (Carr absent)
EE Discussion and possible action to approve a resolution regarding the City of Georgetown City Sponsored
Event Guidelines -- Paul E. Brandenburg, City Manager
Brandenburg explained the criteria to become a city -sponsored event. He noted that there is no provision for
exempting certain organizations. Eason asked how an event applies and Brandenburg said they would need to
satisfy the criteria. There were questions and comments from the Council. Motion by Smith, second by
Sansing to approve the resolution. Approved 6-0. (Carr absent)
FF Consideration and possible action regarding the assignment of the ABG Development Agreement, Offsite Utility
Agreement, and the Triparty Agreement from ABG Development Ltd., to LAREDO WO, Ltd. — Patricia E. Carls,
City Attorney
Carls explained the item. Motion by Sansing, second by Smith to approve the assignment. Approved 6-0,
(Carr absent)
GG Consideration and possible action to approve a resolution to order the General Election of May 12, 2007, to
elect a councilmember from each of Districts 3, 4, and 7, and to approve a contract with the Williamson County
Elections Administrator to conduct the election -- Sandra D. Lee, City Secretary
Lee explained the item. Motion by Eason, second by Berryman to approve. Approved 5-0. (Carr
absent)(Snell off the dais)
HH Consideration for authorizing the purchase of MuniAgenda Software from Municipal Code Corporation (MCC)
through the General Services Commission of Texas, as a Catalog Information Systems Vendor (CISV), in the
amount of $37,150,00 for production and archiving of meeting agendas and minutes for the Georgetown City
Council and City Council -appointed Boards and Commissions along with the purchase of a server in the
amount of $7,312.62 required to run this software program -- Sandra D. Lee, City Secretary; Dennis
Schoenborn, Information Technology Director; and Paul Brandenburg, City Manager
City Council Meeting Minutes/February 13, 2007
Page 9 of VPages
Lee explained the item. Motion by Eason, second by Oliver to approve. Approved 5-0, (Carr absent)(Snell
off the dais)
11 Consideration and possible action to approve two resolutions to amend the Articles of Incorporation and to
amend the Bylaws of the City of Georgetown 4A Corporation, Georgetown Economic Development
Corporation (GEDCO), relating to the date of commencement of each term and whether a City Councilmember
whose term on the Board ends in February, and whose Council seat is also the subject of an election in May,
can holdover as a Boardmember until the May election is finalized -- Sandra D. Lee, City Secretary and Patricia
E. Carls, City Attorney
Carls explained the item saying there were items in both articles and bylaws that needed to be clarified and to
provide a holdover provision for the councilmembers until May rather than going off in February. Motion by
Sansing, second by Bberryman to approve the two resolutions. Approved 6-0. (Carr absent)
JJ Consideration and possible action to approve two resolutions to amend the Articles of Incorporation and to
amend the Bylaws of the City of Georgetown 4B Corporation, Georgetown Transportation Enhancement
Corporation (GTEC), relating to the date of commencement of each term and whether a City Councilmember
whose term on the Board ends in February, and whose Council seat is also the subject of an election in May,
can holdover as a Boardmember until the May election is finalized -- Sandra D. Lee, City Secretary and Patricia
E. Carls, City Attorney
Carls noted that this item is for the same changes in the articles and bylaws, and said there were other items
that were out of date, so those have been updated. Motion by Sansing, second by Eason to approve the two
resolutions. Approved 6-0. (Carr absent)
KK Appointments
1. Consideration and possible action to reappoint Rachel McNutt as an 11th grade member and Spencer
Reagan as an 8th grade member of the Georgetown Youth Advisory Board -- Mayor Gary Nelon
Nelon explained the item
and asked for
approval of
the appointments. Motion by Eason, second by
Berryman to approve
the
appointments.
Approved
6-0.
(Carr absent)
2. Consideration and possible action to appoint Chris Damon to serve on the Comprehensive Plan Steering
Committee -- Mayor Gary Nelon
Nelon asked Carls if the Comprehensive Plan Steering Committee counts as a board, commision, or
committee, and whether a member can serve on more than one. Carls said she would research the
ordinances to find out, and would let Council know if this appointment is not proper. Motion by Berryman,
second by Eason to appoint Damon. Approved 6-0. (Carr absent)
2. Consideration and possible action to approve the appointment of new members and chair persons to
the Council -appointed boards and commissions as well as appointment of members to replace vacancies
for unexpired terms on certain boards and commissions -- Mayor Gary Nelon
Nelon explained that the Subcommittee interviewed the applicants, and is recommending the following
people be appointed:
Airport Advisory Board:
Appoint: Ken Arnold
Reappoint: Van Chandler and Trey Taparauskas
Chair: Paul Smith
Animal Shelter Advisory Board
Reappoint: Debbie Frase, Keith Fruge, Shawn Gunnin, Christina Hullum
Chair: Shawn Gunnin
Arts & Culture Board
Chair: Ruth Roberts
Building Standards Commission
Retain: Jon Carey, Al Gaskell, Jim Moreland, Janet Tribble
Appoint: James Hellebusch
City Council Meeting Minutes/February 13, 2007
Page 10 of'r2 Pages
it
Chair: Jim Moreland
Convention & Visitors Bureau Board
Reappoint: R. C. Lumpkin, Elizabeth Sensabaugh, Taunya Vessels
Chair: R. C. Lumpkin
Economic Development Advisory Board
Reappoint: Tom Crawford, Conchita Gusman, Roy Jones, Ralph Nayman
Chair: Rick Smith
Georgetown Housing Authority
Reappoint: Richard Glasco, Robert Horick, Rosemary Mesa
Georgetown Transportation Advisory Board
Appoint Chair of Planning & Zoning Commission: Harry Gibbs
Georgetown Utility ystems Advisory Board
Appoint: Stanley Bland
Reappoint: Patty Eason, Richard Lenning, Riki Young
Chair: Doug Smith
Historic & Architectural Review Commission
Retain: John Chapman, Chris Damon
Appoint: Tommy Gonzalez
Reappoint: J. C. Johnson, Nancy Knight, Linda McCalla, Rick O'Donnell
Chair: Rick O'Donnell
Library Advisory Board
Reappoint: Ruth Anne Mallory, Linda Nix
Chair: Linda Nix
Main Street Advisory Board
Reappoint: Beverly Adam, Gordon Baker, Kirk Kriegel, Dana Wood
Appoint: Ellen Davis, Janlyn Ross
Chair: Gordon Baker
Parks & Recreation Advisory Board
Reappoint: Kent Buikema, Bill Mateja, Barbara Owens
Chair: Mark Ramsey
Planning & Zoning Commission
Reappoint: Sarah Milburn, Don Padfield
Chair: Harry Gibbs
Zoning Board of Adiustments
Appoint: Bob Hewgley
Reappoint: Earl Watson
Chair: Will Moore
Motion by Smith, second by Snell to approve the list of appointments. Approved 6-0. (Carr absent)
The meeting was adjourned at 09:30 PM.
Sandra Lee
City Council Meeting Minutes/February 13, 00
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