HomeMy WebLinkAboutMIN 01.23.2007 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, Henry All Council present
Carr, 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; Marsha Iwers, Purchasing Manager; Glenn Dishong,
Water Services Manager; Carla Benton, Planner; Jordan Maddox, Planner; Roland Waits, Police
Captain; Kathy Ragsdale, Utility Office Manager; Mark Miller, Transportation Services Manager; Mike
Mayben, Energy Service Manager; Heather Brewer, Urban Forester; Randy Morrow, Director of
Community Services; Leticia Zavala, Controller; Bobby Ray, Director of Planning and Development
Services; Edward G. Polasek, Principal Planner; 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
- 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 regarding the application of municipal zoning and development regulations to facilities owned by school districts
and other political subdivisions.
Regular Session = To begin no earlier than 06:40 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.)
B Call to Order
Mayor Nelon called the meeting to order at 6:00 p.m.
City Council Meeting Minutes/January 23, 2007
Page 1 of 11 Pages
C Pledge of Allegiance
Mayor Nelon led the Pledge.
D 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 overview of meeting procedures.
E Announcements and Comments from City Manager
Brandenburg made the following announcements:
The Community Center Grand Opening/Open House is scheduled for February 17th at 10:00 am. with light
refreshments and music. The Public is invited to attend.
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 Georgetown Parks and Recreation Department has won the Texas Recreation and Parks State Gold
Medal Award. This award is a testament to the commitment and support that the City Council has shown
towards our Parks and Recreation Department, Programs, and Facilities. The State Gold Medal was won in
1993 and in 1998, and the National Gold Medal was won in 1999. There is a waiting period of three years
when you win at the state level and five years at the national level before you can compete again. Parks
Department will pursue the National award next.
The New Library located at 402 W. Eighth Street is now officially open, and the drive -up bookdrop, located
on the south side of the building, is also now open. For more information, please contact the Georgetown
Public Library at (512) 930-3551.
F 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.
G Action from Executive Session
Motion by Smith, second by Carr that the City Council approve the following Resolution: "A Resolution of the
City Council of the City Of Georgetown, Texas Opposing the Application by Williamson County Municipal Utility
District No. 19 for a Certificate Of Convenience And Necessity (Application No. 35375-C; SOAH Docket No.
582-07-0786; TCEQ Docket No. 2006-1810-UCR); Authorizing the Opposition of the Pending Application Before
the Texas Commission on Environmental Quality and the State Office of Hearing Examiners; Authorizing the
Retention of the Law Firm of Bickerstaff, Heath, Pollan & Caroom, LLP, and Providing that the Resolution is
Effective Immediately Upon Passage." 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.
H Consideration and possible action to approve the minutes of the Council Workshop on Monday, January 8, and
the Council Meeting on Tuesday, January 9, 2007 -- Sandra D. Lee, City Secretary
Consideration of approval to adopt a resolution authorizing the City of Georgetown to register and participate in
the The Cooperative Purchasing Network Program -- Marsha Iwers, Purchasing Manager and Micki Rundell,
Director of Finance and Administration
J Consideration of approval to adopt a resolution authorizing the City of Georgetown to participate in an interlocal
agreement with the City of Denton, Texas for the purpose of participating in an Interlocal Purchasing
Cooperative Program — Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and
Administration
K Consideration and possible action to approve the purchase of a Caterpillar Model -13125p6 Mobile Generator
Set from Holt Power Systems of San Antonio, Texas through the Texas Local Government Cooperative contact
in the amount of $37,044.00 --Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manager for
Utility Operations.
City Council Meeting Minutes/January 23, 2007
Page 2 of 11 Pages
L Consideration and possible action on a Final Plat for the Resubdivision of 9.10 acres in Crestview Addition, Unit
it Block 1 and Unit 111, Block 1 to be known as Crestview Baptist Church Subdivision, located on Williams
Drive northwest of Ranch Road -- Carla J. Benton, Planner 11 and Bobby Ray, AICP, Director of Planning and
Development Services
M Consideration and possible action on a Public Review Final Plat of 84.08 acres out of the J.T. Church, J.D.
Johns and W.E. Pate Surveys, to be known as the Planned Unit Development of Escalera Ranch, Section
Six, located off Escalera Parkway -- Carla J. Benton, Planner 11 and Bobby Ray, AICP, Director of Planning and
Development Services
N Consideration and possible action on a Public Review Final Plat for 73.727 acres in the Fredrick Foy Survey
(A-229) to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Fifty -Seven
— Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services
O Consideration and possible action on a Public Review Final Plat for 101.196 acres in the Fredrick Foy Survey
(A-229) to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Fifty -Nine —
Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services
P Consideration and possible action on a Public Review Final Plat for 25.976 acres in the W.G. Wilkinson
Survey, Geo. Thompson Survey, and Amber Short Survey, to be known as the Planned Unit Development of
Sun City Georgetown, Neighborhood Sixty — Jordan Maddox, Planner 1 and Bobby Ray, AICP, Director of
Planning and Development Services
Q Discussion and possible action to approve an Interlocal Cooperation Agreement for the City of Georgetown
and the Texas Department of Public Safety (DPS) relating to "Operation Wrangler" and the reimbursement
of funds associated with the participation of city police personnel -- Evelyn McLean, Lieutenant and David E.
Morgan, Chief of Police (pulled to the Regular Agenda by Snell)
R Consideration and possible action to authorize staff to submit a letter of endorsement for the Capital Area
Rural Transportation System's (CARTS) application for TXDOT funding for Intercity Bus Feeder and Interline
Service from Rural Areas in the CARTS District to Intercity Bus Stations — Tom Yantis, Assistant City Manager
Motion by Carr, second by Oliver to approve the Consent Agenda with the exception of Item Q. Approved 7-0.
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
Q Discussion and possible action to approve an Interlocal Cooperation Agreement for the City of Georgetown
and the Texas Department of Public Safety (DPS) relating to "Operation Wrangler" and the reimbursement
of funds associated with the participation of city police personnel -- Evelyn McLean, Lieutenant and David E.
Morgan, Chief of Police (pulled to the Regular Agenda by Snell)
Snell asked for information, and Captain Roland Waits explained the item, saying this agreement allows the City
to participate with DPS and the Homeland Security Office to help control the flow of illegal immigrants. Snell
asked and Waits explained that the immediate area is the corridor between North Austin, Round Rock and
Georgetown, but Georgetown is not participating throughout the State. He said the officers are trained in
interdiction and will support state and other local enforcement. Oliver confirmed that a part of this program is to
look for narcotics Motion by Carr, second by Berryman to approve. Approved 7-0,
S Discussion and possible action with regard to the Sanitation Services Contract for solid waste and recycling
services — Jim Briggs, Assistant City Manager for Utility Operations
Briggs noted that Council had asked staff at the workshop to bring this item forward as an action item. He
explained the documents included in the packet. He said there is a high level of satisfaction in the service that
is being received by the current provider. He mentioned some aspects of special services that have been asked
for as well as some improvements and requests for additional services. He said staff is not suggesting a rate
increase. He said it should be more of an owner/vendor type of partnership rather than the public/private
partnership that it is now. He said there will be subtle, not substantive changes.
Motion by Sansing to put the process out for RFP's. The motion died for lack of second.
City Council Meeting Minutes/January 23, 2007
Page 3 of 11 Pages
Motion by
Eason, second
by Smith that
we go forward with negotiations with the
current provider. Oliver
confirmed
that staff would
come back to
Council if there were any difficulties with
the negotiations.
Speaker, Rick Fraumann, of Texas Disposal Services (TDS), with extra minutes from Verna Browning,
distributed a rate comparison to show how TDS compares with other providers within the County and outside as
well. He explained the information provided in the handout. He said the graph shows that out of 19 companies,
TDS service in Georgetown is 15th in the share of the fee received. He listed free services provided by TDS
that are not a part of the contract. He said he hoped the Council would find value in the current partnership.
Sansing said he enjoys the service of TDS, but as an elected official, he feels the contract needs to be put out
for comparison in order to get the best service for the citizens.
Motion by Berryman, second by Carr to amend to put this contract up for an RFP in three years from October,
2006, to give staff and the vendors the opportunity to prepare.
Smith said he feels that would obligate future Councils. Sansing spoke of possible legislation that limits the
amount of years for service contracts. When asked by Carr if this were an extension of the current contract,
Carls and Briggs explained that this would be a new contract that will look different, and the terms will be
changed. Cals said the Focus Group and the Council will govern the number of years in the contract. Snell said
he would prefer to see the terms in the contract.
Vote on amendment: Denied 4-3. (Eason, Smith, Oliver and Snell opposed.)
Carr asked and Briggs discussed the rate stability of longer-term purchases for fuel.
T Discussion and possible action to direct staff regarding the Williams Drive Corridor signage regulations --
Councilmember Henry Carr
Carr explained that Dave Hall has been dealing with some signage problems in the Williams Drive area and it
has been discovered that the signage rules on Williams Drive need to be changed. Carr said he would like to
change it during the upcoming UDC changes. Hall explained that monument signs may need to be modified.
He said the problems currently lie with the signs belonging to current property owners. He noted some
problems and asked for the opportunity to consider this issue as an emergency so it can be dealt with during the
annual amendments to the UDC.
Motion by Snell, second by Sansing to instruct staff to proceed with this issue and make it a part of the regular
UDC. Carr said the ordinance is good, but needs to be modified somewhat. Vote on the motion: Approved
7'0,
U Consideration and possible action to approve an Interlocal Agreement with the Georgetown Independent
School District related to the development of a sports stadium adjacent to the current high school site -- Tom
Yantis, Assistant City Manager
Yantis explained the item, saying the voters approved the construction of a new sports facility adjacent to the
current high school site. He said the property lies both inside and outside the city limits; so the agreement will
treat the entire site as if it is within the extra -territorial jurisdiction. Motion by Smith, second by Oliver to approve
the agreement. Approved 6-1. (Sansing opposed)
V Consideration and possible action to renew the contract with Dataprose, Inc. as the City's vendor for utility bill
printing and mailing services, and approve funding, at a cost of $142,302 for the year -- Kathy Ragsdale,
Utility Office Director
Ragsdale explained that Dataprose has been the contractor since 2001, and before that, they were a
subcontractor to a previous conractor. She said staff has done research to make sure this is the best provider
and the best price. She said they are on the state contract, so a bid is not required, and this is the same price
as for the last two years. Motion by Snell, secnd by Smith to approve the renewal of the contract. Approved
7-0,
City Council Meeting Minutes/January 23, 2007
Page 4 of 11 Pages
Consideration and possible action to award a bid for the construction of Park Central Boulevard to Aaron
Concrete Contractors, Inc. for the bid amount of $472,715.60 -- Mark Miller, Transportation Services Manager
and Jim Briggs, Assistant City Manager for Utility Operations"
Miller explained the item, saying Park Central runs parallel to CRI 16, and is a GTEC project. He said bids were
taken on January 12, and the City has done other work with Aaron. He said the funding will come from the
GTEC account. He noted that there was no quorum at the recent GTEC Meeting, but Rundell said there is no
requirement that GTEC approve prior to the Council approval. Snell asked if the existing road will be rmoved,
and Miller said that is part of the contract. Motion by Carr, second by Berryman to approve the award of bid.
Approved 7-0.
X Items forwarded from the Georgetown Utility System (GUS) Board
1. Consideration and possible action to approve a contract amendment between City of Georgetown and KPA
for Professional Service Agreement related to the Phase Two of the "Old Mill" Leander Street/22nd
Street Infrastructure Improvements as part of the Williamson County Community Block Grant for
$48,500.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for
Utility Operations
Miller
explained the
item, saying this will be the design to deal
with drainage improvement for the houses
being
built in the area. Motion by Eason, second by Smith to
approve the contract. Approved 7-0.
2. Consideration and possible action for the award of the annual bid for wood poles to various vendors in the
estimated amount of $232,690.00 -- Mike Mayben, Energy Service Manager and Jim Briggs, Assistant City
Manager for Utility Operations
Mayben explained the item, saying staff recommends award to the low bidders. He said these poles will be
stocked in the warehouse and will be used on an as -needed basis. Motion by Smith, second by Carr to
approve the award of bid. Approved 7-0.
3. Consideration and possible recommendation to approve a contract amendment with Dacon Ltd. for services
related to the construction of the South Substations in the amount of $314,583.60 -- Mike Mayben,
Energy Service Manager and Jim Briggs, Assistant City Manager for Utility Operations
Mayben explained the item, saying this is a part of the change orders and scope changes to the substation
due to construction on the TXU side. He said insulators were difficult to find during and after the
hurricanes. Motion by Eason, second by Oliver to approve the contract amendment. Approved 7-0.
Y Second Readings
Mayor Nelon announced that items Y-3 and Y-4 would be moved forward at this time:
Y3. Second Reading of an Ordinance Amending Section 11.03.020, ("Tree Survey Required'), of the Unified
Development Code to make the tree survey, tree protection, and tree mitigation requirements applicable to
all non Residential development regardless of size, and to add a tree survey requirement related to
Heritage Trees which would be applicable to all development — Heather Brewer, Urban Forester and Randy
Morrow, Director of Community Services
Brewer read only the caption of the ordinance on second reading.
Speaker, Marlene McMichael, explained the consideration and action at the Planning and Zoning
Commission on this ordinance.
Speaker, Billie Adams, said she would wait to speak at Item Y-4.
Speaker, John Gavurnik, said he is still concerned because he thought there should not be a survey if there
were no trees or just one or two trees. He suggested asking a staff member to confirm instead of doing a
survey.
Motion by Eason, second by Oliver to approve the ordinance.
Snell distributed a handout to show suggested changes to the ordinance as presented. Motion by Snell,
second by Smith to amend the motion to approve by removing "all heritage trees as defined...." from
Section B.
City Council Meeting Minutes/January 23, 2007
Page 5 of 11 Pages
Sansing asked for more time to better understand the changes.
r. . .. •• . ' • 1'.
Motion by Sansing, second by Berryman to amend to allow another 30 days to deal with this item and move
this item to the second meeting in February. Snell said without this ordinance, all heritage trees remain
unprotected. Motion failed: 5-2 (Eason, Smith, Carr, Oliver, and Snell opposed)
Motion by Snell, second by Smith to amend that if there are no heritage trees, this can be indicated on an
affidavit and no drawing would need to be done.
Motion by Smith, second by Carr to amend the amendment to say "that if there were fewer than three
heritage trees," this can be indicated on an affidavit and no drawing would need to be done. Snell noted
that an affidavit wouldn't indicate where they were or their size. Yantis responded that typically it is
necessary to know specifically where the tree is located in order to know how to do the utilities and roads in
the subdivision. Vote on the amendment: Approved 4-3. (Eason, Oliver and Snell opposed)
fir`- • • • :.•-•.-r•r •,:-^ • •.. '/1 /, '•• •,:_• ?.
4. Second Reading of an Ordinance Amending 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 -- Heather Brewer, Urban Forester and Randy Morrow, Director of Community Services
Brewer read only the capiton of the ordinance on second reading.
Speaker, Marlene McMichael, encouraged Council to study this ordinance.
Speaker, Billie Adams, said she has heard from many people that are unhappy about the rate of growth and
the changes in Georgetown. She said the trees are important and need to be protected. She mentioned
developments in Georgetown that have not protected heritage trees.
Speaker, Agnes Plutino, said she supports the tree ordinances, and if she had her way, they would protect
even much smaller trees and shrubs. She brought with her a newspaper article about the trees that were
destroyed to put up the Luby's Cafeteria sign.
Speaker, Phyllis Dulitch, said development has changed, and heritage trees cannot be replaced, so they
should be protected.
Speaker, Mel Penland, asked for additional time to discuss the ordinance, saying there was no opportunity
for input at the Council Workshop. He said people who download the proposed ordinance from the website
have difficulty understanding the wording of the ordinance. He said the permitting process needs to be
reviewed.
Speaker, Dennis Perz, said he grows pecans and sells them locally. He asked Council to "optimize" the
quality of life of the people who live in Georgetown. He cited the recent improvements and regulations in
workplace safety which have made the world better. He said it's very difficult to replace a large tree. He
said it's impossible to replace a heritage tree, some are older than Texas, some older than America.
Speaker, John Gavurnik, with additional minutes from Brooke Bulow, noted he is a local builder/developer,
and said he has a few concerns with the ordinance, such as Item D on page 5, number 1, saying there
could be a week to 10 -day delay if a branch of a heritage tree sticks into the frame by two feet because it
couldn't be removed without permission. He said he would like to see some leeway. He said notifying the
staff is fine, but based on the ordinance, there would be a delay, sending workers home. He said under
Item F, "mitigation," number 5, "replacement trees must be irrigated, " saying that would be difficult to
accomplish If there is no requirement for a sprinkler system on the property. He suggested that the
builder/developer be asked to guarantee the tree, but don't say how he is to do it. He said if the builder is
building an affordable housing project, instead of the cost to add more trees, maybe additional landscaping
to make the project look better could be done instead of adding more cost to the house.
Carr asked and Gavurnik responded that his perspective matches the majority of the members of the
homebuilders association. There were further questions of Gavurnik from Council. Smith received
clarification that the heritage tree requirements apply to new residential subdivisions, not to individual lots.
City Council Meeting Minutes/January 23, 2007
Page 6 of 11 Pages
It was emphasized that individual lots owned by individual builders are not involved.
Berryman said she thinks this issue requires more time to do it right.
Motion by Berryman, second by Sansing to amend to postpone this item to the next Council Meeting.
Smith* Snell reminded Council that any amount of time that is delayed runs the risk of heritage trees being
lost during that time. He said he has been working on clarifying this ordinance for several days to get it to
this point, and he can bring back his clarifications, but would like to see the ordinance pass at this meeting.
(*as corrected by Snell at the February 13, 2007 Council Meeting)
There was much further discussion from the Council.
Motion by Snell, second by Berryman to amend on page 4, C. General Requirements (2) , by adding:
"designated as such on a Tree Survey as required in 11.03.020." Carls suggested adding at Tree Survey:
"or an affidavit" because of the previous amendment. Snell and Berryman agreed. Approved 7-0.
Motion by Snell, second by Carr to amend on page 5, C (5), add: "specifically approved by the City Council
of the City of Georgetown" after "No heritage trees shall be removed or damaged for right-of-way or
easement requirements unless," and on D (2), add "City Council" after "Heritage tree removal requests
must be submitted to the." There was much discussion. Vote on the amendment: Approved 5-2.
(Smith and Carr opposed)
Motion by Snell, to remove on page 6, F (5): "by at least one bubbler per tree" and add: "in compliance with
Section 8.14." Yantis read Section 8.14. Eason asked why a bubbler was requested. Brewer said
overhead bubblers don't provide enough water for a tree, so she added the requirement of one bubbler for
each tree. Sansing asked if the tree to be planted is in the park, how would the developer install a bubbler
in the park. Carls said F (5) applies to trees on a development site, and F (6) applies to trees in the park.
Motion by Smith, second by Berryman to amend* to delete F (5) since the developer is guaranteeing the
life of the tree. Approved 5-2. (Snell and Eason opposed) (*as corrected by Snell at the February 13,
2007 Council Meeting)
Motion by Snell, second by Smith on F (2) to add: "or with the approval of the Urban Forester, to substitute
other landscaping." Eason said she thought this should be a waiver brought to Council at the time, such as
for affordable housing. There was discussion. Approved 5-2. (Oliver and Eason opposed)
Motion by Snell, second by Oliver on page 5, E (3), add: "unless the pruning is hindering the progress of
construction of a house, in which case, the response would be within 1 business day," after "within 10
days." Approved 6-1. (Smith opposed)
Motion by Snell, second by Sansing on page 53 D-1, add "within one day" at the end of the existing
wording. Approved 6-1. (Eason opposed)
Motion by Snell, second by Sansing to delete the definitions and move them to the UDC.
Motion by Sansing, second by Berryman to amend the definition of critical root zone to make it "a minimum
of five feet from the trunk." There was much discussion. Brewer was asked to comment, and she
suggested "out to the drip line." Sansing and Berryman agreed to change it to "a minimum of 10 feet."
Approved 4-3. (Snell, Eason and Oliver opposed)
Motion by Snell, second by Berryman to approve the remainder of the red -line wording changes to be
brought back in the final version. Approved 7-0.
Sansing asked staff to hold a meeting and post it on the website, once the changes to this ordinance have
been incorporated and prepared to take back to Council. Eason asked that the people who spoke at this
meeting, in favor of the trees, be notified of the meeting. Oliver asked that everyone who spoke this
evening on this item be invited to attend. Berryman asked Yantis and Brandenburg to make sure the key
people are invited.
City Council Meeting Minutes/January 23, 2007
Page 7 of 11 Pages
Motion
by
Eason, second
by Snell on
page
7, delete G (2), saying there
should be no discretion for
removal
of
a heritage tree.
Approved
5-1.
(Berryman opposed/Sansing
abstained)
8:35 p.m. -- recessed
8:46 p.m. -- resumed Open Session
1. Second Reading of an Ordinance amending the previous year 2005/06 Annual Operating Plan Element
(Budget) to offset variances in various fund budgets for increases in expenditures that are tied to service
requests, donations, project timing, grants and payments to bond escrow agent for refunding bonds --
Leticia Zavala, Controller and Micki Rundell, Director Finance & Administration
Zavala read only the caption on second reading of the ordinance. Motion by Snell, second by Oliver to
approve Ordinance 2007-02. Approved 7-0.
2. Second Reading of an Ordinance amending the 2006/07 Annual Operating Plan Element (Budget) for
various adjustments relating to staffing, municipal court revenues, and reallocation of capital improvements
-- Leticia Zavala, Controller and Micki Rundell, Director Finance & Administration
Zavala read only the caption on second reading of the ordinance. Motion by Berryman, second by Carr to
approve Ordinance 2007-03, Approved 7-0.
3. Second Reading of an Ordinance Amending Section 11.03.020, ("Tree Survey Required'), of the Unified
Development Code to make the tree survey, tree protection, and tree mitigation requirements applicable to
all non Residential development regardless of size, and to add a tree survey requirement related to
Heritage Trees which would be applicable to all development — Heather Brewer, Urban Forester and Randy
Morrow, Director of Community Services
This item was handled earlier at the beginning of the consideration for Second Readings.
4. Second Reading of an Ordinance Amending 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 -- Heather Brewer, Urban Forester and Randy Morrow, Director of Community Services
This item was handled earlier at the beginning of the consideration for Second Readings.
5. Second Reading of an ordinance Rezoning from AG, Agriculture district to PUD, Planned Unit
Development district for 73.727 acres in the Fredrick Foy Survey (A-229) to be known as the Planned Unit
Development of Sun City Georgetown, Neighborhood Fifty -Seven — Jordan Maddox, Planner 1 and
Bobby Ray, AICP, Director of Planning and Development Services
Maddox read only the caption of the ordinance on second reading. Motion by Carr, second by Berryman to
approve Ordinance 2007-06. Approved 7-0.
6. Second Reading of an ordinance Rezoning from AG, Agriculture district to PUD, Planned Unit
Development district for 101.196 acres in the Fredrick Foy Survey (A-229) to be known as the Planned Unit
Development of Sun City Georgetown, Neighborhood Fifty -Nine — Jordan Maddox, Planner I and Bobby
Ray, AICP, Director of Planning and Development Services
Maddox read only the caption of the ordinance on second reading. Motion by Berryman, second by Oliver
to approve Ordinance 2007-07. Approved 7-0.
7. Second Reading of an ordinance Rezoning from AG, Agriculture district to PUD, Planned Unit
Development district for 25.976 acres in the W.G. Wilkinson Survey, Geo. Thompson Survey, and Amber
Short Survey, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood
Sixty — Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services
Maddox read only the caption of the ordinance on second reading. Motion by Berryman, second by Carr to
approve Ordinance 2007-08. Approved 7-0,
City Council Meeting Minutes/January 23, 2007
Page 8 of 11 Pages
8. Second Reading of an Ordinance Rezoning from RS, Residential Single -Family district to PUD, Planned
Unit Development district for 9.10 acres in Crestview Addition, Unit 11 Block 1 and Unit 111, Block 1 to be
known as Crestview Baptist Church Subdivision, located on Williams Drive northwest of Ranch Road -
Bobby Ray, AICP, Director of Planning and Development Services
Ray read only the caption of the ordinance on second reading. Oliver expressed concern about the
impervious cover issue. Ray and Munk said they were comfortable because of the size of the detention
facility. Motion by Berryman, second by Sansing to approve Ordinance 2007-09. Approved 7-0.
9. Second Reading of an ordinance Rezoning from RS, Residential Single -Family district with a PUD,
Planned Unit Development overlay to OF, Office district for a portion of Block O in J. C. S. Morrow Addition
located at 1205 Austin Avenue — Rebecca Rowe, Historic Planner and Bobby Ray, Director of Planning
and Development Services
Ray read only the caption of the ordinance on second reading. Motion by Sensing, second by Berryman to
approve Ordinance 2007-10. Approved 7-0,
Z Public Hearings/First Readings
1. First Reading of an ordinance Amending Chapters 2.48, 2.50, 2.64, 2.68, 2.69, 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 explained the proposed ordinance. He recalled the direction given by the Council at the
recent Workshop and read only the caption of the ordinance on first reading after having satisfied the
requirements of the City Charter.
Speaker, John Gavurnik, told Council he has reapplied for a third term on the Georgetown Utility System
(GUS) Board because on some of the boards there is a specified type of person required, and he feels he
fills that requirement for the GUS Board.
There was discussion
from the Council
regarding the fact
that some boards do have term limits and some
do not, and filling some specific seats on some boards is
difficult.
Motion by Sansing, second by Snell to approve the ordinance.
Motion by Sansing, second by Berryman to amend that on the Historic Architectural Review Commission
there be three historic downtown property owners instead of two. Eason noted that HARC was the only
board that was being diminished by four members. She said, after reading their bylaws, and noting the
criteria for membership, she suggested that the board not be reduced to five, but instead, to seven and
agreed that a third property owner would be needed. Oliver said he thinks it would be a mistake to allow
the board to be controlled by property owners. Denied 5-2. (Eason, Smith, Carr, Oliver and Snell opposed)
Motion by Eason, second by Oliver to amend to change the number of members from nine to seven in
order to fill the criteria for members that is listed in the bylaws and in the ordinance that established the
HARC. There was further discussion. Approved 4-3. (Carr, Sansing and Berryman opposed)
Motion by Smith, second by Eason that in the event that there are an insufficient number of applicants for a
board or commision, then the term limits can be extended for existing members. Sensing asked for a
friendly amendment that if a person is asked to start a third term, that the term be limited to one year
instead of a full two years. Smith and Eason accepted as a friendly amendment. There was further Council
discussion. Vote on the amendment: Approved 64. (Oliver opposed)
_74#3 �
2. First reading of
an ordinance amending
wastewater rates
and structure to reflect the cost of providing
service --
Kathy
Ragsdale,
Utility
Office
Manager
and
Micki
Rundell, Director of Finance and Administration
Rundell explained the proposed ordinance, recalling the workshop where Council was advised of the issues
involved in funding and debt service. With a slide presentation, Rundell explained the reason and the
methodology for amending the wastewater rates, saying the current monthly charge is inadequate. She said
winter averaging results in subsidies, so all customers are not paying their fair share of the cost for
City Council Meeting Minutes/January 23, 2007
Page 9 of 11 Pages
wastewater service. She said sewer is a service, not a commodity. She noted that the new recommended
flat rate customer charge for residential is now $29.25. Carr asked how much of the charge would be profit.
Rundell noted that 10% of the fee goes back to the City to subsidize the franchise fee requirement and the
return on investment to the utility. She said there will be a volumetric component for the commercial users
and multi -family, and high-strength commercial, like restaurants. She noted that there is included a 20%
low income discount for customers or spouses who are Medicaid recipients. She noted that because we
are located over the Edwards Aquifer, the state puts strict requirements for maintenance and operations.
Nelon asked and Rundell responded that the rate for customers outside of the City will be $33.60 with the
same type of differentials.
She read only the caption of the ordinance after having satisfied the requirements of the City Charter.
Sansing asked for the rates before the change and Rundell responded that the current rate is $11.75 plus
$3.25 per 1000 gallons of water used. He said he disagreed with the method of determining the new rate.
Carr said he is in support of what is being done, saying the fixed cost is an exact number and is expected to
increase over time as more infrastructure is added. He said it is unfortunate that if the customer is not
using very much water at all they are going to see a great increase. He said if this is to be amended,
money would need to be taken from some other classification, saying with the exception of the residential 2"
pipe average use, the rest is cost recovery and is true. She said staff spent a lot of time to allocate the
costs with equity. Motion by Carr, second by Smith to approve the ordianance on first reading. Approved
6-1. (Sansing opposed)
3. First Reading of
an ordinance for
a Comprehensive Plan
Amendment to change the Intensity Level from
Level 1 to Level
2 for 397.4 acres
in I. Donagan Survey and A.H. Porter Survey, located at 5280 Hwy 29
West. -- Jordan
Maddox, Planner
I and Bobby Ray, AICP,
Director Planning and Development
Maddox explained the proposed ordinance and said a development agreement and wastewater agreement
are being finalized before second reading, possibly in March. He said staff is in support of the change. He
read only the caption of the ordinance on first reading after having satisfied the requirements of the City
Charter. Motion by Snell, second by Eason to approve the ordinance on first reading. Oliver asked and
was told the water will be served by Chisholm Trail and the City will ensure that adequate fireflow will be
available. Approved 7-0.
4. Public Hearing and First 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 Planning and Development
Ray explained the proposed ordinance saying the project will be a 42 -unit project. He said the purpose of
the PUD zoning is to allow some deviations. He said the staff and the Planning and Zoning Commission
are in support of the PUD development. He read only the caption of the ordinance on first reading after
having satisfied the requirements of the City Charter.
The Public Hearing was opened at 9:46 p.m.
Speaker,
Ross Hunter, said
the
project is getting attention from everyone in the neighborhood. He asked
for
better
publicity
to inform
the
public.
Speaker, Rick Williamson, said he owns property near the subject property. He said the neighbors are
confused about this proposed project. He said it seems to be misguided and misplaced. He said he
thought the City owned all of the property, but the City doesn't own three parcels. He said the maps on the
City website show this land to be low density.
The Public Hearing was closed at 9:56 p.m.
Motion by Smith, second by Snell to approve the ordinance on first reading. Oliver asked Gavurnik to
respond and he said the 16 single-family portion will be like the Windridge Project (one-story), and there will
be rear -load townhouses because of not being able to put driveways on College Avenue. He's said he's
trying to provide mixed-use with affordable housing. Sansing commended Gavurnik for doing a project like
this. Gavurnik offered to talk to the two speakers who had questions. Carr asked about the floodplain and
drainage issues and Munk said the drainage will be conveyed to the river by the developer with water
quality assurance, and the property is not in the floodplain. Snell also commended Gavurnik. Vote on the
City Council Meeting Minutes/January 23, 2007
Page 10 of 11 Pages
• • x• • .t f
5. Public Hearing on the voluntary annexation into the City for 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 -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICD,
Director Planning and Development
Polasek explained the purpose of the Public Hearing was to make public the service plan. He noted that
Council had been provided on the dais an amended Exhibit C (service plan) to note that the time period for
the provision of services can be extended in a voluntary annexation where a development agreement is
used.
The Public Hearing was opened at 10:02 p.m. There were no comments. The Public Hearing was closed
at 10:02 p.m.
Polasek said the ordinance will be brought to Council at the next meeting.
6. Public Hearing on the voluntary annexation into the City for 17.232 acres, more or less, in the Burrell
Eaves Survey, for Sun City Neighborhood 61, located west of SH 195 -- Edward G. Polasek, AICP,
Principal Planner and Bobby Ray, AICP, Director Planning and Development
Polasek explained the purpose of the annexation, saying this is the last residential development of the old
Sun City Development. The Public Hearing was opened at 10:03 p.m. There were no comments. The
Public Hearing was closed at 10:03 p.m.
AA Consideration and
possible
approval of
the appointment of Nancy Blansett to fill the unexpired vacancy of
Natalie Dowling on
the Arts
and Culture
Board --
Mayor
Gary
Nelon
Motion by Carr, second by Berryman to approve the appointment. Approved 7-0.
The meeting was adjourned at 10:04 PM.
City Council Meeting Minutes/January 23, 2007
Page 11 of 11 Pages
Attest:
City Secretary Sandra Lee