HomeMy WebLinkAboutMIN 06.27.2006 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
Staff Present:
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City
Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki
Rundell, Director of Finance and Administration; Laurie Brewer, Assistant Director of Finance and
Administration; Marsha Iwers, Purchasing Manager; Leticia Zavala, Accounting Manager; Dave Hall,
Inspections Director; Bobby Ray, Director of Planning and Development; Ed Polasek, Principal
Long -Range Planner; Melissa McCollum, Current Planner; Robyn Rye, Management Specialties
Administrative Assistant; Carla Benton, Current Planner; Mark Thomas, Economic Development
Director; 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
B Sec.551.086 Competitive Matters
- Consideration of Power Supply options for calendar year December 2006 -December 2007 -- Jim Briggs,
Assistant City Manager for Utility Operations
C Sec.551.087: Deliberations Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body has received
from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City
and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a
financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near
the territory of the City and with which the City Council is conducting economic development negotiations.
Regular Session w To begin no earlier than 06:00 P
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
D Call to Order
The meeting was called to order by Mayor Nelon at 6:00 p.m.
City Council Meeting Minutes/June 27, 2006
Page 1 of 13 Pages
E Pledge of Allegiance
Mayor Nelon led the Pledge.
F Comments from the dais
- Welcome to Audience and Opening Comments -- Mayor Gary Nelon
- Review of procedure for addressing the City Council
Mayor Nelon welcomed the audience and reviewed the procedure for addressing the Council.
Announcement of vacancies on Convention and Visitors Bureau Board and Building Standards Commission
Mayor Nelon announced the vacancies.
G Announcements and Comments from City Manager
Brandenburg made the following announcements:
4th of July Holiday
The City of Georgetown offices will be closed on Tuesday, July 4th in observance of the
Independence Day Holidayr. All City Pools will be open normal hours on July 4th.
Trash will be collected on Tuesday, July 4th. Residential trash carts and recycling bins should
be placed at the curb by 7 a.m. for pickup since collection routes and times may vary from
normal. If you have any questions about trash pickup, please call Texas Disposal Systems at
930-1715.
The
Sertoma 4th of
July
Celebration will take place at San
Gabriel Park on
Tuesday, July 4th
and
will include arts
and
craft booths, kids' activities, food,
and a fireworks
display.
1/4 cent sales tax
For the past three years, the City has funded the majority of its street maintenance program
through the City's 1/4 cent sales tax for streets, which was originally approved by the voters in
November 2002. Since April 2003, over $3.4 million in sales tax has been collected and the
City has used the money to: improve 21 streets, purchase street maintenance equipment,
and implement a Pavement Management Information System. The City has budgeted to
improve 12 more streets during the current fiscal year using the'/4 cent sales tax.
Texas law requires a vote every four years in order to keep the tax in place, therefore, a vote
will take place in November to continue the program if approved by the City Council. Please
continue to check the City's website at www.georgetown.orq for additional information.
H 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.
Action from Executive Session
Motion by Smith, second by Carr that the City Council approve an agreement to contract for 10% energy
under the Market Price Option with City Public Service of San Antonio for power year 2007 and authorize
staff to prepare the necessary documents: Master Power Purchase and Sale Agreement, Confirmation
Letter, Aggregation Agreement — and any other necessary documents for proper execution to receive
delivery of energy beginning December 25, 2006. Approved: 7-0.
Motion by Smith, second by Sansing, that the City Council authorize the City Manager or the City's
Economic Development Director to send a letter to the prospective business referred to as "Project Lee"
outlining the general terms of an economic development incentive package consistent with the materials
presented to and discussed by the City Council in executive session last night, with the condition that any
counteroffers and final agreements must be brought back to City Council for consideration and possible
approval. 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.
City Council Meeting Minutes/June 27, 2006
Page 2 of 13 Pages
J Consideration and possible action to approve the minutes of the Council Workshop on Monday, June 12,
and the Council Meeting on Tuesday, June 13, 2006 -- Sandra D. Lee, City Secretary
K Consideration of an award of the annual bid for office supplies to Corporate Express in the estimated
amount of $48,000.00 -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and
Administration
L Consideration and possible action to approve a resolution approving an agreement with JP Morgan Chase
to serve as the City's depository for the two years beginning September 1, 2006 -- Leticia Zavala,
Accounting Manager and Micki Rundell, Director of Finance and Administration
M Consideration and possible action to approve a Letter of Understanding with Brockway, Gersbach,
McKinnon & Niemeier, P.C. to perform the independent audit of City accounts for fiscal year ended
September 30, 2006 -- Leticia Zavala, Accounting Manager & Micki Rundell, Director of Finance and
Administration
N Consideration and possible action to approve a Final Plat to be known as the Replat of Lots 17-32, Block A,
Briarwood, Section Four, located on the eastern end of Algerita Drive -- Melissa McCollum, AICP, and
Bobby Ray, AICP, Director of Planning and Development
O Consideration and possible action to approve a Preliminary Plat for 35.58 acres in the William Roberts
Survey to be known as the Grace Academy Subdivision, located 1/2 mile southeast of Shell Road on
State Highway 195 -- Melissa McCollum, AICP, and Bobby Ray, AICP, Director of Planning and
Development
P Consideration and possible action to approve a Public Review Final Plat for 32.5897 acres in the Joseph
Fish, Leroy B. Lord, and William Roberts Surveys to be known as Georgetown Village Planned Unit
Development, Section Six, located along Village Commons Boulevard -- Carla Benton, Development
Planner and Bobby Ray, AICP, Director of Planning and Development
Motion by Eason, second by Sansing to approve the Consent Agenda in its entirety. Approved 7-0.
Council will individually consider and possibly take action on any or all of the following items:
Q Presentation
and
discussion on the City's current
Public Smoking Ordinance, Chapter 8.32 of the Code of
Ordinances,
and
possible action and direction to
staff -- Paul E. Brandenburg, City Manager
Brandenburg gave a history of the smoking issue, including the amendments done to the current ordinance,
and the public meetings held recently regarding this issue. With a slide presentation, he described the
contents of a notebook provided to give Council facts about smoking, including ordinances adopted by
nearby cities, printed emails and copies of letters from citizens regarding their opinions about smoking,
sign-up sheets of people who spoke at the public meeting on June 1, and staff issues with the current
ordinance, including enforcement. He noted to Council that even if the Council doesn't change the current
ordinance, the language needs to be clarified regarding school properties, hospitals, private clubs, country
clubs, hotels, motels, restaurants, bars and cocktail lounges.
Speaker, Edwin Webb,
told Council he is a dentist and
weekend musician. He said
there is only one club in
Georgetown, the Office
Lounge, that has live music. If
Council eliminates smoking,
it will destroy that place.
He said he doesn't understand why smoking would
be
allowed
in one area and
not
in
another.
Speaker, Amy Locke, told Council the Office Lounge is the one place where people can get together and
have a good time. She asked Council to remember that this is the land of the free and home of the brave.
Speaker, Jim Locke, said after he read the ordinance he found out that he wouldn't be able to smoke in his
own business. He said he didn't know that before. He said adults frequent these places and also have the
opportunity not to go there. He said if people find it offensive, they shouldn't go there. He asked that the
ordinance be left the way it is.
Speaker, Lina Supnet, told Council she is on the board of the American Lung Association, and works as a
City Council Meeting Minutes/June 27, 2006
Page 3 of 13 Pages
hospice health educator. She said she has reviewed some of the facts of second-hand smoke and has
seen the results of second-hand smoke in her patients on a daily basis, saying second-hand smoke has
been classified as a Class A carcinogen. She said, on behalf of those with asthma and other lung
diseases, she encourages the Council to ban public smoking in Georgetown.
Speaker, Richard Anderson, told Council he was not representing the University, and read several
statements from the press release about the Surgeon General's Report on Second -Hand Smoke. He said
his parents both smoked, but he did not, saying he thinks it should be a personal issue. He said it is known
that smoking bans don't hurt the economy. He encouraged Council to pass a strict ban.
Speaker, Karen Murphy, said she doesn't beleive this issue is about smoking, saying she believes it is
about choice. She said if smoking is banned, her choice is taken away. She said she understands the
issues, but the businesses make their living and employ others and donate to charities, support local
schools through taxes, and sponsor school programs. She said the proprietor should have the choice, then
customers would have the choice of whether to frequent that location.
Speaker, Jennifer
Smith, said she wants to keep
her job
working
for Bill Fischer at the Office Lounge. She
said there should
he agrees that smoking is
bad, but said he believes the greatest virtue of being an
American
be a compromise. She
asked
freedom
of
that
choice.
the
Council
leave the bar alone.
Speaker, Dr. Christine Eady, of Leander, told Council she is on the Board of Directors for the Williamson
County Heart Association, and is in support of smoke-free public places because of serious health risks to
non-smokers. She gave statistics of time spent in a smoke-filled environment. She said the Surgeon
General's report states that the hazard is worse than first thought, and even the best ventilation systems are
not sufficient. She said second-hand smoke kills three times as many people as drunk driving, and there
are laws about drunk driving. She said she thinks there should be laws about smoking.
Speaker, Sylvia Barron, Regional Coordinator of the Texas Department of State Health Services, Region 7,
Tobacco Prevention and Control, read some portions of the Surgeon General's report to Council and gave
them copies. She said the statistics show that smoking is the single greatest avoidable cause of death and
disease. She emphasized that there is no risk-free level of second-hand smoke.
Speaker,
Dick Sanders,
read a letter from a friend,
Frank Ammons, who couldn't attend the meeting. In the
letter, Mr.
Ammons said
he agrees that smoking is
bad, but said he believes the greatest virtue of being an
American
is
freedom
of
choice.
Speaker, Cindy Antolik, representing the American Cancer Society, with extra minutes from Richard Antolik,
said her main message to the Council is the Surgeon General's reaffirmation of the effect that second-hand
smoke has on people. She said 53,000 non-smokers die every year from second-hand smoke. She told
Council that there is no better thing Council can do, that people will thank them for, than to stop public
smoking. She said her husband recently had quintuple by-pass surgery, and their son has asthma, so
there are places they can't go as a family. She said her family believes they have the right to breathe clean
air. She said she is concerned about the workers in places that allow smoking. She said those workers
have a 50% greater chance of getting lung cancer.
Speaker, Sandy Bridgford, told Council she works at the Office Lounge. She said if smoking is banned, it
will devastate the club. She said she understands not having smoke around children, but the lounge does
not allow anyone under 21 to enter.
Speaker, Bill Fischer, with extra minutes from Brandy King, said he built his business at the Office Lounge
around the current city ordinance. He said a drop in business would cause him to go broke. He said the
demand for smoking bars is market-driven. He would welcome someone to open a non-smoking bar, but
forcing him to not allow smoking is not fair. He said he would hang a sign outside his bar that would warn
people that there is smoking in the bar. He said there are no children allowed in the bar. He said he has 18
employees who will be out of work if the Council passes a comprehensive smoking ban. He said smoking
abatement equipment is very expensive, but it is preferable to his business closing. He said just because
Austin does something, doesn't mean it's a good idea. He said his business has conducted fund raisers for
needs in the community. He said he is not a smoker, and doesn't expose his three children to smoke.
Speaker Debbie Geiss-Hutto, told Council she owns a local pest control company. She said she is a
smoker, and said this issue is about rights. She said one man hoping to open a bingo hall has caused this
issue. She said our country's soldiers are dying so that Iraq can have freedom and rights. She asked that
her freedom not be taken away.
City Council Meeting Minutes/June 27, 2006
Page 4 of 13 Pages
Speaker, Sherri Babcock,
said
she is a
10 -year cancer survivor.
She said
she was a smoker at
19 and
smoked until she was 38.
She
said her
freedom to smoke ends
where the
other person's health
begins.
Speaker, Scott Asay, said he is concerned about Bill Fischer's business. He said the bars in Austin are
devestated because they are losing business.
Speaker, Marjorie Herbert, said she is very pleased that people have brought the Surgeon General's report
to the Council's attention. She noted that she is working with the Community Clinic in Georgetown, and
said tax dollars go to supplement the health care for the people at the Community Clinic, and many of those
people come to the Clinic because of lung problems, many due to second-hand smoke. She said
quarantines are not the balance of one right against another, but an issue of public health.
Speaker, Dr. Lewis G. Smith, told Council he is the Medical Director of the American Cancer Center in
Georgetown. He read a personal statement and comments from patients he has or is seeing, saying
almost all of his patients are suffering from lung cancer and most do not survive. He said his first patient
was 22 years old, a non-smoker, but went to bars to pick up girls. He said he died within six months of
dianosis. He said his first patient in Georgetown didn't smoke but worked at a bar in Austin. She died. He
said he believes that smoking is not a right, but a dubious privilege with restrictions that infringe on the
rights of others. He said he objects to his rights being trampled by others, so he said in public places,
including public sporting events, smoking should be banned and enforced.
Speaker, Dan Bonner, President of Georgetown Ministerial Alliance, said the churches of the community
are against smoking in public places. He said he believes this is an opportunity to decide what kind of
community we want to be for the next generation. He suggested that the distinction be made to be smoke
free.
Speaker, Dr. James Shepherd, told Council he has practised in Georgetown since 1952. He said he works
at Georgetown Community Clinic, and is in favor of a smoke-free Georgetown. He said his father was a
heavy smoker who suffered heart attacks and died of lung cancer. He said he has spoken to 3rd and 4th
graders about prevention. He said it seems that smoking is more prevalent in families who can't afford
medical care so others pay for their diseases.
Speaker, Nolan Cobb, said he works at the Office Lounge, is a native Texan, 68 years old, and a lifetime
smoker. He said he works at the Office Lounge because he can smoke at work. He said there are very few
options left where he can work and smoke. He said he believes smokers have been quarantined.
Speaker, Gerald Fay, said the ordinance should be left alone. He said to change it would cause an honest,
hard-working business man to lose his work. He said the Lounge is a country club for the average guy. He
said he is not a smoker.
Speaker, Jack Bennett, said he doesn't put much faith in studies. He said there could be a study about not
singing, and about the helmet law, saying bikers like being in the wind, and that is their choice. He said he
feels smokers should have a choice.
Speaker, Margie Funkhouser, speaking for husband, Thomas Funkhouser, said she has a choice in where
she goes to shop or frequent. She said smokers and non-smokers also have a choice, and she
encourages all smokers to boycott Georgetown businesses that can get along without the smokers. She
advised the audience not to do any business in Georgetown and to tell the Council how they feel. She said
she is also a veteran, and she is disgusted with the eroding of her rights in this country.
Speaker, Ed Jasperson, said he was glad to see that a lot of people paid attention to the news today. He
said people should read the Surgeon General's report. He said he was an anesthesist and has seen
smokers struggling for every breath.
Speaker, Dean Edwards, told Council that smoking should be allowed in bars and restaurants and people
should have the right to smoke there. He said he is a non-smoker.
Speaker, R. E. Priem, said out of 30 restaurants in Georgetown, there are only four that allow smoking. He
said none of his children or grandchildren have died of lung cancer and he's a smoker. He said he doesn't
think Council should limit his right to smoke.
Speaker, Mary McGriff, with
extra minutes from Don
McGriff, said bans are always
for the public
health, and
called Council's attention to
the money
that
is spent
on diabetes
and alcoholism.
She said she
thinks
City Council Meeting Minutes/June 27, 2006
Page 5 of 13 Pages
fireplace chimneys put out as many carcinogens as cigarettes. She gave her opinion of how studies are
done and statistics are compiled.
Berryman asked what restaurants the Antoliks tried to attend that were difficult for her family to attend. Ms.
Antolik said she didn't think it would be fair to name them in public, particularly since they had not come to
the Council Meeting to express their opinion.
Smith said he feels the community is pretty evenly divided. He described his thoughts about smokers and
smoking. He said he believes the Council should not put restrictions on smoking except where it infringes
on others. He said a customer in a restaurant should not be subjected to a smoking environment. He said
he thinks restaurants should be completely smoke free unless the two areas are completely separate with
separate ventilation systems.
Carr said the opinion of his Sun City constituents on this issue is more like the general population, such as
75-25. He said he understands now that smoking and second-hand smoke are bad, and he thinks he was
elected to protect citizens against second-hand smoke in publicly operated places. He said he thinks there
should be a big distinction between a public place and a private place that can be entered by the public. He
said he feels that smokers can kill themselves if they want to, although he would like cheaper insurance and
cheaper healthcare by segregating himself from smokers. He said our ordinance is good but not adequate
and needs some administrative changes that the City Manager noted. He said there should be debate on
any fundamental changes. He said he doesn't think the City is ready for a total ban.
Oliver said the distinctions mentioned by Carr don't work today. He said he likes the Waco ordinance
where there are special requirements for ventilation. He said he feels a responsibility to help the innocent
when it comes to their health. He said the preponderance of information from the Surgeon General shows
that there are innocent people who are being affected by smokers. He said there should be a stringent
system set up to protect the innocent people. He said he believe the control of private choice is abhorrent,
but he said he would support a more restrictive approach and make it clear that the City will protect the
innocent.
Berryman said she thinks the Georgetown ordinance is more stringent than in Round Rock. She said she
feels parents have a responsibility to protect their children, saying adults that are making poor choices are
paying a high toll. She said her family doesn't go to places where there is smoke because her daughter has
difficulty breathing around cigarrette smoke. She said she has asked other Georgetown residents, and no
one has said they have any difficulties with Georgetown restaurants.
Eason said she thinks there are some places in Georgetown that can be left as they are. She said her
concern with requiring special ventilation and separate areas is that it allows new development an
advantage over existing restaurants, and there are restaurants here now where children and youth are
present and are exposed to second-hand smoke. She said she also has asked citizens, who tell her there
are specific places where they don't go because of the smoking. She said it is not fair for youth in
Georgetown to have to take a job where they are forced to endure hazards in their workplace, such as
second-hand smoke. She said she feels the government has a responsibility for protecting the health of the
community. She said laws restrict the cleanliness and say no vermin, so why not govern smoke, saying
smoking is the only legal substance that a person ingests, that affects everyone else in the room in a
negative way. She said if a restaurant is open to families, something must be done to protect the children.
Snell said this is an extremely difficult issue to deal with. He said he is a smoker and being around smoke
doesn't bother him, but the thought that there is something in the air that is attacking him and other people
around him troubles him, so he thinks there should be stringent regulations on second-hand smoke in
Georgetown.
Sansing said he agrees with Smith. He said a totally separate smoking facilty should be required. He said
his parents both died of lung cancer. He said he is not a smoker, but he is for individual rights. He said
that is what makes our country what it is. He said smokers have the right to smoke and he has a right to go
somewhere that doesn't have smoke.
Motion by Sansing, second by Smith, to direct staff to clean up the current ordinance to meet state law,
and that any smoking be denied in restaurants regardless of the number of seats, saying if there is a
separate bar, with separate ventilation, smoking could be allowed in that area, but in areas such as Office
Lounge, if the club earns 60 percent or more of its income from alcohol, they should be exempted, and he
asked to further exempt the non -profits and the current private clubs, such as the country clubs and VFW.
City Council Meeting Minutes/June 27, 2006
Page 6 of 13 Pages
Nelon said the City Manager did a great job of providing information about the ordinances of cities who
claim to be smoke-free. He noted that the one that is the most stringent, Austin, has exempted charitable
bingo. He said he believes the current ordinance needs to be tightened up, and he wants to tell the City
Manager to enforce the ordinance or make it impossible for people to encounter surprise smoke. He
explained the timetable and process to amend the current ordinance.
Smith asked to clarify the points of Sansing's motion, such as to deny smoking in restaurants unless they
have separate ventilation areas and bars would be exempt if 60% or more of their income is from liquor;
and also exempt non -profits and private clubs; and state law clean up.
Oliver expressed questions about the wording describing the two separate areas in the proposed motion.
Sansing explained pressurized ventilation systems.
Oliver said he believes private organizations should be allowed to do their own thing. Motion by Oliver,
second by Snell to amend that non profits are exempt when their facilities are being used by their own
members, but when their facilities are being used by outsiders, they would fall under the regulations. There
was further discussion regarding the Elks Lodge, Country Clubs, and non -profits. Snell said he thinks those
times that the facility is used by outsiders, the facility then becomes a public facility and falls under the
smoking ban. Sansing said establishments should be identified as smoking or non-smoking with a decal at
the door. Vote on the amendment: Approved 5-2 (Carr and Sansing opposed)
Motion by Smith, second by Snell to amend to raise the percentage of income in bars from liquor from
60% to 85%. Sansing said he believes the state has set a standard at 60%. Brandenburg suggested staff
could look into the wording in the ordinance to be more specific about the kind and amount of food that is
sold in the establishment. There was discussion. Vote on the amendment: Denied 4-3. (Carr, Oliver,
Sansing and Berryman opposed) Vote on original *ordUtanoe motion as amended: Approved 5-2
(Eason and Oliver opposed) Brandenburg asked Council's advice about changing the ordinance regarding
hotels and motels. The Mayor responded that the Council likes the more stringent language and for staff to
bring back something for Council to consider at the first reading. Berryman brought up the issue of a
referendum because she thinks the community is evenly split on the issue. It was stated that the people
have the option of presenting a petition for an election, if they don't like the ordinance that is approved.
(*as corrected by Mayor Nelon at the July 19, 2006 Council Meeting)
Brandenburg noted that he is not sure when the ordinance will come to Council, but will notify those people
that signed up to speak tonight and at the last meeting, and make the draft available.
8:21 p.m. -- recessed
8:30 p.m. -- resumed
R Consideration and possible action to approve an Emergency Services contract between the City of
Georgetown and Williamson County Emergency Services District #8 to provide fire and emergency
services -- Anthony Lincoln, Fire Chief and Paul Brandenburg, City Manager
Lincoln explained the item, saying this is a joint opportunity to provide services. Brandenburg said the main
point is the City is finally going to be paid for the services provided in the County for which the City has not
been paid in the past. Snell asked if this causes the City to provide more services than before and if there
will there need to be another fire station. Lincoln said it will be a partnership, and whatever the Emergency
Services District says is needed will be considered and partially funded by the City. Brandenburg said any
increase in service will be reflected in the budget. Motion by Sansing, second by Oliver to approve the
contract. Approved 7-0.
S Consideration and possible action for the award of the annual bid for janitorial and floor cleaning
services to Capitol City Janitorial, Inc. in the estimated amount of $208,910.00 -- Terry Jones, Support
Services Construction Manager and Micki Rundell, Director of Finance & Administration
Jones explained that the City received seven bids and the four lowest were evaluated with the best value
criteria explained in the attachment to the cover sheet. He said staff is recommending Capitol City
Janitorial of Pflugerville. He said the City of Georgetown has not worked with them in the past; however,
their three references check out, so they received maximum points in that category. Motion by Sansing,
second by Berryman to approve. Approved 7-0.
T Consideration and possible action to approve a resolution expressing official intent to reimburse costs
City Council Meeting Minutes/June 27, 2006
Page 7 of 13 Pages
associated with the removal of excess spoils and brush from the City's old landfill, not to exceed $560,000
with proceeds from bonds that will be issued at a later time -- Micki Rundell, Director of Finance and
Administration
Rundell explained the item, saying this is the follow up to the briefing on June 12, related to the excess
spoils and brush at the old landfill. She said there are over 14 years of spoils with potential drainage issues
that could impact the areas around the San Gabriel River. She said it is suggested that the City cap the
expense at $560,000 with a 5% contingency. She said the bonds to be issued would be self-supporting.
There was discussion about how to sponsor those bonds. She said this would be discussed further in the
budget process. She noted that the City needs to deal with the issues at the old landfill as soon as
possible. Snell clarified that the City is borrowing money from itself until such time as a bond can be
issued. Rundell said it is a timing issue. There was further discussion on how to fund and how to estimate
the costs. Carr questioned why the City couldn't receive a not -to -exceed number and best -value process.
Rundell said it was a timing issue. Nelon noted that Council gave authority for this at the last meeting.
Speaker, Joseph Carpenter, objected to the proposed $1.85 environmental fee to be charged to utility
customers and complained that the City spends money on economic development.
Carr clarified that the $1.85 increase has not yet been appoved. Carr asked and was given the procedure
for how he could bring back the item from the last council meeting where the three separate items were
"lumped" together. Motion by Eason, second by Smith to approve the resolution of intent. Sansing said
he thinks the landfill cleanup should be put out for bid. Approved 6-1. (Carr opposed)
U Consideration and possible action to approve an Agreement with Texas Landfill Management (TLM,) an
affiliate of Texas Disposal Systems (TDS) to begin site cleanup of the closed landfill for a cost not to
exceed $560,000 -- Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance and
Administration
Rundell explained the item. Carls explained that, based on the action on the previous item, this should be a
"not -to -exceed" contract. Motion by Sansing, second by Carr to suspend the rules in order to bring back
before the Council the issue of the three contracts being "lumped" together. Motion was Denied: 4-3
(Eason, Smith, Oliver, and Snell opposed)
Speaker, Steve Jacobs, representing Waste Management, told Council that Waste Management is the
largest solid waste disposal company in North America. He said he has not been actively involved in the
local issues, and said he is surprised at how it has "come down" with a 1/2 million dollar contract without a
scope of services. He requested that this action be delayed to allow Waste Management to provide a test
of the numbers given. He said he has experience at closing landfills. He said it may not be less that
$560,000, but it could be.
Smith said he doesn't think the company that estimated the cost to close the landfill should be the company
that gets paid to close the landfill.
Motion by Snell, second by Eason to approve the item as posted. Carls clarified that the approval must
include "not to exceed."
Motion by Carr, second by Smith to amend that the contract will say "not to exeed." It was determined that
because the caption included "not to exceed" wording, the motion to approve the item "as posted" includes
"not to exceed." Therefore, no vote was taken on this amendment.
Motion by Carr, second by Sansing to amend to require an alternate estimate of scope and cost from some
other vendor within 15 days. Carr said if the City receives an estimate that shakes their confidence, the
contract shouldn't be approved.
Motion by Oliver, second by Smith to amend to use a vendor for the alternate estimate who is not a
competitor to Texas Disposal Systems (TDS). Oliver said he thinks the estimate should be done by
someone who doesn't have a stake in the development by TDS.
Rundell
said
she could
find a consultant such as Cooke -Joyce and bring back a contract with a fee to be
paid
for
them
to do
the
estimate.
Carr withdrew his motion to amend. Therefore, the subsequent amendment was moot.
City Council Meeting Minutes/June 27, 2006
Page 8 of 13 Pages
Berryman said she objects to the current process vehemently. She said there should never be a deal made
involving this much money without a bid process.
Snell complimented staff on the way the process was conducted.
Motion by Carr, second by Berryman to amend that this project must be managed out of the City of
Georgetown Utility Department. Eason asked what that means. Carr said it is the only utility project going
on that is not managed by the Utility Department. Brandenburg explained that the contract has never been
in the Utility Department, but that will be a suggestion in the upcoming budget. Rundell explained the
reason that sanitation came under Finance, saying that the Division of Community Services was dissolved
in 2001 when the budget had to be cut by $1.8 million. She said all the departments in that division were
shifted over to other divisions: Airport is now under the City Manager's Office; Animal Services is under the
Police Department; and sanitation went under the Finance Department for two reasons, 1. financial control,
and 2. to handle customer service. She said all customer complaints come to the utility office and are dealt
with by Kathy Ragsdale and her staff.
Carr withdrew his amendment. Sansing said he agrees with Berryman to put things out for bid.
Vote on motion: Approved 7-0.
V Consideration and possible action to amend the development agreement with 500 South Austin Avenue,
LP, to extend the construction commencement date by 30 days -- Paul E. Brandenburg, City Manager
This item was pulled because the development is still within the timeframe set out in the agreement.
W Consideration and possible action to direct staff to look into traffic calming devices, such as speed and
cloud bumps; and also to look into the issues and cost of decreasing the speed limit from 30 to 25 mph in
residential areas -- Gabe Sansing, Councilmember District 2
Sansing explained that he had seen an article in the Austin Statesman that the State has given
municipalities the ability to lower speed limits under certain criteria. He said he is hopeful to be able to
reduce the speed limits on many of the residential streets in Georgetown. He said he would like to look into
"bumps." He said there has been significant research done that shows that "pillow bumps" allow trucks and
emergency vehicles to go past them without hitting them, but normal vehicles would have to slow down to
maneuver the bumps. He asked that the Street Department give suggestions as to where to lower the
speed limits and how much it would cost. Motion by Carr, second by Berryman to instruct staff to study this
proposition from four standpoints: 1. what the traffic department says about it; 2. what the fire chief says
about it; 3. what the police chief says about it; and 4. the financial aspect of it. Snell asked for a friendly
amendment to add a deadline. Brandenburg said 90 days should be sufficient. Oliver asked that there be
criteria brought back to qualify a street. Brandenburg said also to consider whether it would be legal on
particular streets. There was further discussion. Vote on the motion: Approved 7-0.
X Forwarded from Georgetown Utility System (GUS) Board
1. Consideration and possible action to award the annual bid for flexible base material, sand rock, and
sandy loam to Georgetown Transportation of Jarrell and DSD Trucking of Georgetown, in the
estimated total amount of $113,525.00 -- Marsha Iwers, Purchasing Manager and Jim Briggs, Assistant
City Manager for Utility Operations
Iwers explained the item, saying it was approved by the GUS Board. Motion by Carr, second by
Oliver to approve the award of bid. Approved 7-0.
2. Consideration and possible action to approve the renewal of the annual Electric Utility Services
Agreement between LCRA and GUS Electric -- Michael Mayben, Energy Services Manager and Jim
Briggs, Assistant City Manager for Utility Operations
Mayben explained the item,
saying
it was approved by the
GUS Board. Motion by Smith, second by
Carr to approve the renewal
of the
agreement with LCRA.
Approved 7-0.
3. Consideration and possible action to award the bid to Austin Filter System of Austin for construction of
the Downtown Storm Water Quality Ponds, in the amount of $764,611.00 -- Mark Miller,
Transportation Manager and Jim Briggs, Assistant City Manager for Utility Operations
City Council Meeting Minutes/June 27, 2006
Page 9 of 13 Pages
Miller explained the item,
saying
it
was
approved by the GUS Board. Motion by Snell, second by
Berryman to approve the
award
of
bid.
Approved 7-0.
4. Consideration and possible action to award a contract to Shelton & Shelton Plumbing, L.P. of Killeen
for the construction of the West Loop Water Line Improvement and to establish a project budget of
$656,295.90 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for
Utility Operations
Dishong explained the item, saying it was approved by the GUS Board. Motion by Smith, second by
Oliver to approve the contract. Approved 7-0.
5. Consideration and possible action to award a contract to Insituform Technologies, Inc. of Houston for
the EARZ Phase III Remediation and to establish a project budget of $202,725.60 -- Glenn Dishong,
Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Dishong explained the item, saying it performs the repairs to the sewer system as discovered by
inserting a camera into the lines to detect problems. He said it was approved by the GUS Board.
Motion by Smith, second by Carr to approve the contract. Approved 7-0.
6. Consideration and possible action to replace the existing BRA system water contract for Alliance water
originating out of the LCRA Basin with a system water contract originating out of the Brazos Basin
with an additional cost of no more than $40,000 for the remainder of this fiscal year -- Glenn Dishong,
Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Dishong explained the item, saying it allows the acquisition of an additional 10,000 acre-feet of water
from Lake Stillhouse Hollow at a lower cost ($49.75 per acre-foot) and releases water out of the LCRA
Basin. He said it was approved by the GUS Board. Motion by Sansing, second by Carr to approve a
new contract with BRA. Approved 7-0.
Y Second Readings
1. Second Reading of an Ordinance amending the 2005/06 Annual Operating Plan Element (Budget)
for public safety compensation -- Laurie Brewer, Assistant Director of Finance and Administration and
Micki Rundell, Director of Finance and Administration
Rundell read only
the caption
of the
ordinance on second reading. Motion by Sansing, second by
Eason to approve
Ordinance
2006-53.
Approved 7-0.
2. Second Reading of
an Ordinance amending
Chapter
8.20
of the Code
of Ordinances
relating to
nuisances -- Dave
Hall, Inspection Services
Director
and
Tom Yantis,
Assistant City
Manager
Hall read only the caption of the ordinance on second reading. He noted that the wording changes
requested on first reading have been added along with a definition to clarify private property vs. public
property. Motion by Sansing, second by Berryman to approve Ordinance 2006-54. Approved 7-0.
3. Second Reading of an Ordinance on a voluntary annexation into the City for 650.22 acres, more or
less, in the Frederick Foy Survey and Daniel Moore Survey, located south of the future Ronald Reagan
Boulevard and west of Sun City Boulevard, for Sun City Northern Land -- Edward G. Polasek, AICP,
Principal Planner and Bobby Ray, AICP, Director Planning and Development
Polasek explained the
item and read only the
caption of
the ordinance on second reading. Motion by
Carr, second by Smith
to approve Ordinance
2006-55.
Approved 7-0.
4. Second Reading of an Ordinance on a voluntary annexation into the City for 0.892 acres of Right of
Way, more or less, in the Joseph P. Pulsifer Survey and Clement Stubblefield Survey, for CR 265
Right of Way -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning
and Development
Polasek explained the item and read only the caption of the ordinance on second reading. Motion by
Smith, second by Eason to approve Ordinance 2006-56, Approved 7-0.
City Council Meeting Minutes/June 27, 2006
Page 10 of 13 Pages
5. Second Reading of an Ordinance on a voluntary annexation into the City for 5.772 acres of Right of
Way, more or less, in the Joseph P. Pulsifer Survey, for Wolf Ranch Parkway Right of Way -- Edward
G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development
Polasek explained the item and read only the caption of the ordinance on second reading. Motion by
Eason, second by Carr to approve Ordinance 2006-57, Approved 7-0.
Z Public Hearings/First Readings
1. First Reading of an ordinance providing for the abandonment by quitclaim deed of a portion of CR 265
and providing for the terms and conditions of such abandonment -- Terri Glasby Calhoun, Paralegal
and Jim Briggs, Assistant City Manager for Utility Operations
Briggs read only the caption of the ordinance on first reading after having satisfied the requirements of
the City Charter. He explained that this is part of the acquisition of the right of way on SH29 with a
swap of the abandonment of this old quitclaim deed. Motion by Snell, second by Sansing to approve
the ordinance on first reading. Approved 7-0.
2. First Reading of an ordinance ordering the dismissal of ATMOS Energy Corporation, Mid -Tex Division's
Application for an Interim Gas Reliability Infrastructure Program (GRIP) Adjustment for calendar year
2005 -- Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carls, City Attorney
Briggs read only the caption of the ordinance on first reading after having satisfied the requirements of
the City Charter. He explained that ATMOS filed for a $12 million interim GRIP adjustment along with a
general rate case for $72 million that included the interim GRIP adjustment. He said there should
never be an adjustment while a general rate case is pending, so the City has the authority to call for
dismissal of the interim adjustment. Motion by Sansing, second by Berryman to approve the
ordinance on first reading. Approved 7-0.
3. Public Hearing and First Reading of an Ordinance Rezoning approximately 2.91 Acres in the
Nicholas Porter Survey, Abstract No. 497, from RS, Residential Single-family District to IN, Industrial
District for the property located at 215 Royal Drive -- Bobby Ray, AICP, Director of Planning and
Development
Ray explained the item, saying it is a single-family property between two industrial areas. He said it
has been used as a manufacturing facility since 1975. He said the owner is planning to expand the
facility and is requesting the rezoning. He said staff is supportive because it is consistent with the
Future Land Use Plan, and the Planning and Zoning Commission approves the rezoning. 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 9:36 p.m. There were no comments. The Public Hearing was
closed at 9:36 p.m. Smith said he wants to make sure when the applicant comes forward to expand his
site it won't interfere with the northwest overpass. Ray said staff will be aware at the time of the review.
Motion by Smith, second by Olvier to approve on first reading. Approved 7-0.
4. Public Hearing and First Reading of an Ordinance Rezoning approximately 29.11 Acres in the
William Roberts Survey, Abstract 524 from RS, Residential Single-family District with a Planned Unit
Development (PUD) Overlay District to RS, Residential Single-family District for Berry Creek, Section 5,
Phase 2 -- Bobby Ray, AICP, Director of Planning and Development
Ray explained that with the adoption of the Unified Development Code, the existing RP district
transitiioned to a Planned Unit Development District (PUD), so the property is currently zoned as RS
with a PUD overlay. He said the applicant is seeking a rezoning to RS with the removal of the PUD
overlay district to allow the development of a single-family subdivision, with the total number of
proposed residential units at 71. He said the Planning and Zoning Commission approved.
The Public Hearing was opened at 9:38 p.m. There were no comments. The Public Hearing was
closed at 9:38 p.m.
Ray read only the caption on first
reading after having satisfied
the
requirements of the
City Charter.
Motion by Carr, second by Smith
to approve the ordinance on
first
reading. Approved
7-0.
5. First Reading of an Ordinance for a Comprehensive Plan Amendment to change to Future Land Use
City Council Meeting Minutes/June 27, 2006
Page 11 of 13 Pages
from Business Park to Commercial, Multi Family, Light Industrial and Business Park and to change the
Intensity Level from Level 3 to Level 5 for 370.893 acres in the David Wright Survey, also known as the
Buie Tract, located east of Airport Road -- Edward G. Polasek, AICP, Principal Planner and Bobby
Ray, AICP, Director Planning and Development
Polasek explained the changes being requested by the applicant, saying the tract is now being used as
ranchland and agricultural operations and that activity will be continued. He said the purpose of this
item is to establish a land use plan for the property for the future when the land is developed; and it
goes along with a voluntary annexation. He said the request for Intensity Level 3 is to accomodate
single-family and multi -family developments. He said the area to be designated as Level 5 would be
for commercial, business park and light industrial uses on the business plan. He said there were some
objections because of the proximity to the Airport, but the areas closest to the Airport would be
commercial and industrial. He said there is approximately a mile separation from the runway to the
proposed residential development. He said the noise contours wouldn't effect the residiential portion of
the property. He said the Planning and Zoning Commission voted 4-3 in favor.
Speaker, Glynn Buie, said he has lived there for more than 30 years and operated a working ranch with
livestock and hay. He said he and his wife don't intend to develop the property as long as their health
allows them to continue ranching. He said none of his ranch is in the noise -sensitive area of the
Airport. He said his home is within 3500 feet of the north -south runway, but the noise has never
bothered them. He said the three sections for residential are further away from the Airport than his
home.
Speaker, Ed Baker, SEC Planning of Austin, said Mr. Buie does not have plans to develop anything at
this time, but he has agreed to voluntarily annex and go ahead and look at the feasibility of what could
be done on his property in the future. He said there would be too much area to use it all for business
park. He said the variety of adding residential is more feasible, with the least intensive use on the
north end.
Carls noted that this
would take a super
majority vote.
Polasek read only the caption of the ordinance
on first reading after
having satisfied the
requirements
of
the City
Charter.
Motion by Carr, second by Sansing to approve the ordinance on first reading.
Snell said he would vote against this item because noise contours are "meaningless numbers," saying
they are computer-generated, based on the number of aircraft averaged over 24 hours a day and 365
days a year. He said the reason for the existance of those numbers is because anything within the 65
contour is eliglbe for federal funds for the city to purchase houses or provide abatement, so he has
consistently voted against any residential development east or north of the Airport because the City
would be doing again the same thing that was done at Serenada and Berry Creek. He said he thinks it
is a mistake to allow residential in this proximity to the Airport. He said he always hoped the land east
and north could be used for economic development.
Smith confirmed that the zoning could be changed back if a developer came in requesting zoning for
industrial. Yantis said the land to be used for residential is not suitable for commercial or industrial
development. Brandenburg said the type of parcels suitable for economic development are already
"carved out" directly across from the Airport. Berryman said she doesn't think the residents of Berry
Creek would want to see commercial or industrial right across from the entrance to Berry Creek.
Eason said she is still concerned about it being close to the Airport, close to IH35, and in the floodplain.
Approved 5-2. (Eason and Snell opposed)
6. First Reading of an Ordinance for a Comprehensive Plan Amendment to modify the Century Plan
Overall Transportation Plan related to the Transportation Improvement Plan Process -- Edward G.
Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development
Polasek explained the purpose of the item is to make the Transportation Advisory Board the body
designated to determine transportation improvements and forward them to the Council. He read only
the caption on first reading after having satisfied the requirements of the City Charter. Motion by
Snell, second by Carr to approve the ordinance on first reading. Approved 7-6.
AA Appointments
1. Consideration and possible action to approve the appointment of William Mateja to the Parks and
City Council Meeting Minutes/June 27, 2006
Page 12 of 13 Pages
Recreation Advisory Board to fill a position that expires in February, 2007 -- Mayor Gary Nelon
Nelon explained the item. Motion by Sansing, second by Carr to approve the appointment. Approved
7.01
2. Consideration and possible
action to
elevate Linda McCalla
from Alternate to Regular position on the
Historic and Architectural
Review
Commission
(HARC) -- Mayor
Gary Nelon
Nelon explained the item. Motion by Smith, second by Carr to approve the elevation from Alternate to
Regular. Approved 7-0.
The meeting was adjourned at 10:10 PM.
City Council Meeting Minutes/June 27, 2006
Page 13 of 13 Pages
Attest,
City Secretary Sandra Lee