HomeMy WebLinkAboutMIN 01.09.2007 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.a Council Absent:
Patty Eason, Gabe Sansing, Henry Carr, Pat % Doug Smith
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; Shelly Hargrove, Tourism Director and Main Street
Manager; Mark Thomas, Economic Development Director; Leticia Zavala, Acting Controller; Marsha
Iwers, Purchasing Manager; Glenn Dishong, Water Services Manager; Mike Mayben, Energy Services
Director; Mark Miller, Transportation Services Manager; John Aldridge, Transportation Engineer; Bobby
Ray, Planning and Development Director; Ed Polasek, Principal Planner; Carla Benton, Planner;
Rebecca Rowe, Planner; Jordan Maddox, Planner; Keith Hutchinson, Public Information Officer
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)
(SOAR Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR)
- Proposed Sanitary Sewer Overflow Agreement with the TCEQ.
- Discussion regarding the application of municipal zoning and development regulations to facilities owned by school districts
and other political subdivisions.
B Sec 551.072: Deliberations about Real Property
- Consideration 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
There was no Executive Session conducted at this meeting.
City Council Meeting Minutes/January 9, 2007
Page 1 of 7 Pages
(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 6:03 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 reviewed the meeting procedures.
F 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. First day to file
for candidacy is February 10, 2007, and the last day to file for candidacy is March 12, 2007.
The City of Georgetown is now accepting applications for vacant or expiring terms on its Boards &
Commissions. Information and applications can be obtained on the table in the back of the room, or on the
City's Website at www.georgetown.org or at City Hall which is located at 113 E. 8th Street and other City
Offices. The Deadline for filing an application has been extended to January 19, 2007.
The City of Georgetown will be closed for the Martin Luther King Day on Monday, January 15, 2007. This
includes the following offices: City Hall, Georgetown Municipal Complex, Library, Municipal Court, Parks
and Recreation Administration Building, Recreation Center, Tennis Center, and Visitors Center
Texas Disposal Systems will have regular trash pickup on Martin Luther King Day.
The "New" library will open to the public in the new location a half -block away at 402 W. Eighth Street at 10
a.m. on January 20.
Please visit our website at www.georgetown.org for more information about book returns during this time.
Mayor Nelon emphasized the need for more applicants to fill vacancies on the City Council -appointed boards
and commissions.
G Public Wishing to Address Council
- Sandra Taylor of Pedernales Electric regarding update of PEC activities in Georgetown area
Ms. Taylor presented a franchise check for $12,846.20 for October through December, 2006. She
explained the new program at PEC called, "Give a watt" check, as being a way to help others with their
utility bills. She noted that PEC will be awarding 50 $1,000 scholarships to graduating seniors in the PEC
service area . She said applications are due by February 28, and can be downloaded from the PEG
website or obtrained from high school counselors.
- Keith Peshak regarding police matters.
Mr. Peshak did not attend the meeting.
H Action from Executive Session
Motion by Sansing, second by Carr that the City Attorney, in consultation with the Assistant City Manager for
Utilities, be authorized to retain the services of a qualified law firm to represent the City in the public hearing
before the TCEQ related to the request by MUD 19 for a sewer CCN. Approved 6-0. (Smith absent)
Motion by Sansing, second by Oliver that the City Attorney, Assistant City Manager for Utilities, and the
Manager of Water and Wastewater Operations be authorized to commence negotiations with the TCEQ relating
to a Sanitary Sewer Overflow Agreement and that such an agreement to be brought back to Council for final
consideration and approval. Approved 6-0. (Smith absent)
City Council Meeting Minutes/January 9, 2007
Page 2 of 7 Pages
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, December 11,
and
the Council
Meeting
on
Tuesday,
December
12, 2006
-- Sandra
D.
Lee, City
Secretary
Eason and Snell suggested corrections and clarifications to the minutes of December 12, 2006.
J Consideration and possible action to approve a lease agreement with the Red Poppy Coffee Company for
lease of space in the new Georgetown Public Library -- Eric Lashley, Library Director and Randy Morrow,
Director of Community Services
K Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board
for the approval of an allocation of $1,933.00 in Hotel Occupancy Tax (HOT) funds to the Williamson County
Historical Museum for help in the production and distribution of a new rack card — Shelly Hargrove, Tourism
Director and Main Street Manager and Randy Morrow, Director of Community Services
L Consideration and possible action for approval of the purchase of a prefabricated concrete restroom for
Rivery Park from CXT Incorporated in Hillsboro, Texas, through the State of Texas Purchasing Contract in the
amount of $43,594.53 -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of
Community Services
M Consideration and possible action for approval of an agreement for investment advisory services with Valley
View Consulting, L.L.C. -- Micki Rundell, Director of Finance and Administration
N Consideration and possible action on a Resolution of Public Convenience and Necessity authorizing eminent
domain, if necessary, for an easement acquisition for public safety regarding improvgements to Austin Avenue --
Threadgill Oil Co., Inc., property located at 705 N. Austin Avenue -- Jim Briggs, Assistant City Manager for Utility
Operations
O Consideration and possible action concerning the assignment of an existing contract dated July 26, 2005, by
and between Contract Land Staff, Inc., and the City of Georgetown, to Contract Land Staff, LP (formerly Land
Management Solutions, LP) -- Jim Briggs, Assistant City Manager for Utility Operations and Trish Carls, City
Attorney
P Consideration and possible action on a Vacation of a Final Plat of Church of the Fisherman Subdivision, a
7.01 acres tract in the William Roberts Survey, Abstract No. 524, located on F.M. 972 (Walburg Road) -- Carla
J. Benton, Planner II and Bobby Ray, AICP, Director of Planning and Development Services
Q Consideration and possible action on a Public Review Final Plat for 29.13 acres in the William Roberts Survey
(A-524) to be known as Berry Creek, Section 5, Phase 2, located at the ends of Tiger Wood Drive and Kingsway
Drive — Jennifer Bills, Planner I and Bobby Ray, AICP, Director of Planning and Development Services
R Consideration and possible action regarding a resolution granting a petition and setting public hearing dates
for the voluntary annexation into the City of 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, AICP, Director Planning and Development
S Consideration and possible action regarding a resolution granting a petition and setting public hearing dates
for the voluntary annexation into the City of 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
Motion by Sansing, second by Berryman to approve the Consent Agenda with corrections to the minutes.
Approved 6-0. (Smith absent)
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
T Consideration and possible action to direct staff to commence the process for updating and revising the
City Council Meeting Minutes/January 9, 2007
Page 3 of 7 Pages
"Principles for Economic Development Incentives," and to develop procedures for working with business
enterprises and the County and other governmental entities on economic development agreements -- Farley
Snell, Councilmember District 6
Snell said this item comes out of the last approval of the CitiCorp deal which involved the agreement with the
County. Motion by Snell, second by Eason to request staff to commence the process to update the "The
Principles for Economic Development Incentives," and have something for Council consideration by June 1.
Approved 6-0. (Smith absent)
U Consideration and possible action to approve a contract for Professional Consulting Services between K.
Peterman Consulting Services and the City of Georgetown in an amount not to exceed $21,000 -- Mark Thomas,
Economic Development Director and Paul E. Brandenburg, City Manager
Thomas explained the item, saying Peterman Consulting will contact bio -tech companies about relocating to
Georgetown. There were questions and comments from Council. Motion by Sansing, second by Berryman to
approve the contract. Approved 6-0. (Smith absent)
V Discussion and possible action to approve standarized Bylaws for Boards, Commissions, and Committees,
including but not limited to term limits, appointment of alternates, training requirements, and subcommittee
provisions -- Paul E. Brandenburg, City Manager
Brandenburg discussed his recommendations as follows: (1) Direct all boards, commissions, and committees,
through the City Manager, to review their by-laws to ensure that they include the "standard format" along with
the additional legal requirements, if necessary.... By-laws of ALL boards and commissions need to be aprpoved
by the City Council in 2007; (2) Implement maximum term limits of two consecutive terms for all boards,
commissions, and committees; (3) Remove alternates from all boards, commissions and committees unless
they are required by state law; (4) Review membership criteria of each board, commission, and committee to
determine whether or not the total number of members on the committee should be reduced, and whether or not
the criterion for membership needs to be modified as well; (5) Review attendance and training requirements for
compliance on an annual basis. He noted that some of these changes will require amendment to ordinances.
Motion by Berryman, second by Oliver to approve all five recommendations. Snell asked if there is some way
to discuss each board individually in terms of their own needs. Eason said she feels there are communication
problems between the staff liaisons and the boards; and said she has heard that some boards feel they are cut
off from the Council without regular meetings with them. Brandenburg noted that he would get with his directors
to develop a process whereby the boards would report to the Council, either through reports or minutes or with
joint meetings. Snell suggested the liaison person should be an observer as to the consistency of the board, for
instance Robert's Rules, etc. Vote on the motion: Approved 6-0. (Smith absent)
W Items forwarded from the Georgetown Utility System (GUS) Board
1. Consideration and possible action to approve a Professional Services Agreement between the City of
Georgetown and ElectSolve to provide operations services for the City's Automatic Meter Reading
System in the amount of $61,200.00 -- Michael W. Mayben, Energy Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
Mayben
explained this is a one-year
term
contract renewable up to four terms upon acceptance by all
parties.
He said it was presented to
GUS
Board and approved 6-0. Motion by Snell, second by Carr to
approve
the agreement. Approved
6-0.
(Smith absent)
2. Consideration and possible action for the award of bid for concrete, steel, two-piece steel, or laminated
wood distribution poles to various bidders -- Michael W. Mayben, Energy Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
Mayben explained the item, saying staff recommends award to the low bidders in each category. He said
this material will be ordered on an as -needed basis, and that this item was approved by the GUS Board.
Motion by Carr, second by Berryman to approve. Approved 6-0. (Smith absent)
3. Consideration and possible action to award a contract for the construction of the Rabbit bill Pump Station
and to establish a project budget of $1,033,694.00 -- Glenn Dishong, Water Services Manager and Jim
Briggs, Assistant City Manager for Utility Operations
Dishong said this replaces the current low -capacity lift station. He said CDM recommends the second
City Council Meeting Minutes/January 9, 2007
Page 4 of 7 Pages
lowest bidder, Excell Services. He said the low bidder didin't have the proper qualifications to perform the
work, and didn't have the experience or on -board personnel. Motion by Eason, second by Carr to approve.
Approved 6-0. (Smith absent)
4. Consideration and possible action for the award of the annual bid for water meters and accessories to
various bidders in the amount of $303,272.90 -- Glenn Dishong, Water Services Manager and Jim Briggs,
Assistant City Manager for Utility Operations
Dishong explained
the item, saying the
items will be stocked in the
warehouse
and
ordered
as needed.
Motion by Eason,
second by Berryman
to approve the annual bid.
Approved
6-0.
(Smith
absent)
X Second Reading Of an Ordinance amending Section 10.12.090 of the Code Of Ordinances establishing
speed limits on D.B. Wood Road from FM 2338 (Williams Drive) to SH 29 West, Georgetown Innerloop
Southeast from SH 29 East to Business 35 South (Austin Avenue) and Wolf Ranch Parkway from Rivery Blvd.
to SH 29 West. -- Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility
Operations
Miller read only the caption of the ordinance on second reading. Miller stated that the posted speed limits will be
35 mph on Wolf Ranch Parkway from SH29 West to Rivery Blvd.; 45 mph on DB Wood Road (northbound and
southbound) from FM2338 to a point 0.5 mile south of FM2338 and from SH29 West to a point 0.75 mile north
of SH29 West; 55 mph on DB Wood Road (northbound and southbound) from a point 0.5 miles south of
FM2338 to a point 0.75 miles north of SH29 West; and 55 mph on Georgetown Inner Loop Southeast
(eastbound and westbound) from a point 0.6 miles south of SH29 East to Bus. 35/Austin Ave. Motion by Carr,
second by Oliver to approve Ordinance 2007-01 on second reading. Tied 3-3. (Eason, Sansing, and Snell
opposed) Nelon broke the tie to approve. Approved 4-3. (Eason, Sansing, and Snell opposed)((Smith absent)
Y Public Hearings/First Readings
1. First 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 of Finance and Administration
Rundell explained the reasons for the amendments and read the caption only of the ordinance on first
reading after having satisfied the requirements of the City Charter. Motion by Snell, second by Berryman
to approve the ordinance on first reading. Approved 6-0. (Smith absent)
2. First 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 of Finance and Administration
Rundell explained that the City sold more electricity and the budget needs to include the grant proceeds
plus the general debt funding of $7.8 million. She read only the caption on first reading after having
satisfied the requirements of the City Charter. Motion by Eason, second by Carr to approve the ordinance
on first reading. Approved 6-0. (Smith absent)
3. Public Hearing and First 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 I and Bobby Ray, AICP, Director of Planning and Development Services
Maddox explained the rezoning, saying it is for 127 single-family units. He read only the caption on first
reading after having satisfied the requirements of the City Charter.
The Public Hearing was opend at 7:01 p.m. There were no comments. The Public Hearing was closed at
7:01 p.m. Motion by Carr, second by Berryman to approve the ordinance on first reading. Approved 6-0.
(Smith absent)
4. Public Hearing and First 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 -Mine — Jordan Maddox,
Planner I and Bobby Ray, AICP, Director of Planning and Development Services
City Council Meeting Minutes/January 9, 2007
Page 5 of 7 Pages
Maddox explained the rezoning, saying it is for 155 single-family units. He read only the caption on first
reading after having satisfied the requirements of the City Charter.
The Public Hearing was opend at 7:03 p.m. There were no comments. The Public Hearing was closed at
7:03 p.m. Motion by Carr, second by Berryman to approve the ordinance on first reading. Approved 6-0.
(Smith absent)
5. Public Hearing and First 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 explained the rezoning, saying it is for 42 single-family units. He told Council there is a request to
switch three lots and showed them a map of the switch. He read only the caption of the ordinance on first
reading after having satisfied the requirements of the City Charter.
The Public Hearing was opend at 7:04 p.m. There were no comments. The Public Hearing was closed at
7:04 p.m. Motion by Eason, second by Berryman to approve the ordinance on first reading. Approved
6-0. (Smith absent)
6. Public Hearing and First Reading of an Ordinance Rezoning from RS, Residential Single -Family district
to PUD, Planned Unit Development District 9.10 acres in the Crestview Addition, Unit II Block 1 and Unit III,
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 explained that this site has several contiguous lots, including two outparcels. He said the applicant is
requesting the rezoning to be able to increase the current education facilities and expand the sanctuary. He
said this rezoning use is restricted to places of worship only. He explained that the Church is requesting
additional building height, an increase in overall impervious cover, and minimum setbacks. He read the
only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter.
The Public Hearing was opened at 7:09 p.m. There were no comments. The Public Hearing was closed at
7:09 p.m. Motion by Berryman, second by Oliver to approve the ordinance on first reading. There were
questions from the Council regarding the request for increase in impervious cover, assurance of adequate
parking, and a statement from Eason in opposition to the request for increased height. The architect was
asked to come forward. Beau Spencer of Spencer, Godfrey Architects, told Council that the buildings that
front on Williams Drive are less than 50 feet, but the center of the property, set back from Williams Drive,
will be the taller structure. He said the design has not been done yet because they needed to find out if the
PUD would be approved before they begin the design. He said the three-story building is needed to allow
room for the parking and landscaping. Sansing and Berryman spoke in favor of the requests. Motion by
Snell, second by Eason to amend that the item go back through the Planning and Zoning Commission and
Council for further review of the design in regards to the increased height. Denied 4-2 ( Carr, Oliver,
Berryman and Sansing opposed) dote on the original motion: Approved 4-2. (Snell and Eason
opposed)(Smith absent)
7. Public Hearing and First 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 District Planner; Bobby Ray,
AICP, Director of Planning and Development
Rowe gave the history of the zoning of this property. She said the applicant is seeking the rezoning to be
consistent with its current and future use. She said the address is located in the Old Town Overlay District
and is therefore subject to HARC review. She said the staff recommends approval, and she read only the
caption of the ordinance on first reading after having satisfied the requirements of the City Charter.
The Public Hearing was opened at 7:31 p.m. There were no comments. The Public Hearing was closed at
7:31 p.m.
Motion by Sansing, second by Carr to approve the ordinance on first reading. Snell questioned if this
rezoning would allow additional parking. Rowe said the parkiing configuration has not been reviewed.
Oliver asked and was told that the HARC requirements were different because of the new zoning. Vote on
City Council Meeting Minutes/January 9, 2007
Page 6 of 7 Pages
the motion: Approved 6-0. (Smith absent)
8. 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, AICP,
Director Planning and Development
With a drawing, Polasek explained the location for the new development. The Public Hearing was opened
at 7:36 p.m. There were no comments. The Public Hearing was closed at 7:36 p.m.
9. 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 request for annexation. He said this is probably the last possible residential area of
the original Sun City Development. The Public Hearing was opened at 7:37 p.m. There were no
comments. The Public Hearing was closed at 7:37 p.m.
Z Appointments
1. Consideration and possible action to approve the appointment of Rosemary Rodriguez to the
Comprehensive Plan Steering Committee -- Mayor Gary Nelon
Motion by Sansing, second by Carr to approve the appointment. Approved 6-0. (Smith absent)
2. Consideration and possible action to approve a resolution to reappoint Patty Eason to the Austin -San
Antonio Intermunicipal Commuter Rail District Board -- Mayor Gary Nelon
Motion by Carr, second by Sansing to approve the reappointment. Approved 6m0. (Smith absent)
3. Consideration and possible action to approve a resolution to appoint David Goodrum to the Georgetown
Village Public Improvement District #1 (GVPID #1) to replace Mark Pustka -- Mayor Gary Nelon
Motion by Carr, second by Oliver to approve the appointment. Approved 5-1 (Sansing opposed)(Smith
absent)
The meeting was adjourned at 07:40 PM.
City Council Meeting Minutes/January 9, 2007
Page 7 of 7 Pages
Attest: Z7
City Secretary Sandra Lee