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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