HomeMy WebLinkAboutMIN 02.14.2006 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: j1 Council Absent:
Patty Eason, Gabe Sansing, Doug Smith, Henry John Kirby
Carr, Farley Snell, Ben Oliver
Staff Present: — -- - -
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Micki Rundell, Director of Financ
and Administration; Anthony Lincoln, Fire Chief; Clay Shell, Assistant Fire Chief; Keith Hutchinson, Publi
Information Officer; Shelly Hargrove, Tourism Director and Main Street Manager; Kevin Stofle, Assistant
Police Chief; Dennis Schoenborn, Information Technology Director; Bobby Ray, Planning and
Development Director; Ed Polasek, Chief Long -Range Planner; Tom Benz, Systems Engineering
Manager; Dave Hall, Building Official; Marsha Iwers, Acting Purchasing Director; Laurie Brewer,
Controller; Terry Jones, Support Services Director; Mike Mayben, Energy Services Manager; Kimberly
Garrett, Assistant Director of Recreation and Programs
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.551.072: Deliberations Regarding Real Property
- Consideration and possible action concerning the acquisition of right-of-way and easement(s) in connection with the
widening of SH 29 West and CR 265 West Improvements
There was no Executive Session held at this meeting.
Regular Session ® 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.)
C Call to Order
The meeting was called to order at 6:00 p.m.
City Council Meeting Minutes/February 14, 2006
Page 1 of 11 Pages
D Pledge of Allegiance
Mayor Nelon led the Pledge.
E Comments from the dais
- Welcome to Audience and Opening Comments -- Mayor Gary Nelon
- Review of procedure for addressing the City Council
F Announcements and Comments from City Manager
Brandenburg announced that there will be a General Election on May 13, 2006, to elect
councilmembers for Districts 1 and 5. He said the last day to file for a position on the ballot is March
13, 2006.
Mayor Nelon read a proclamation to honor Dr. Jo Ann Ford.
G 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.
H Action from Executive Session on Monday, February 13, 2006
Motion by Smith, second by Carr that the City Council authorize final resolution of the SH29 and
CR265 right-of-way acquisitions from the Trainer tract, based in part on the City's implementation of
cure for the Trainer tract, as specified in the landowner's currently -approved revised site plan, to be
effected in accordance with all City standards and specifications as approved by the City's
Development Engineer, and in part, on monetary compensation, as discussed in the last executive
session. Approved 6-0. (Kirby absent)
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.
Consideration and possible action to approve the minutes of the Council Workshop on Monday, January 9,
the regular Council Meeting on Tuesday, January 10, and the Joint Workshop with GISD on January 26,
2006 -- Shirley J. Rinn, Deputy City Secretary and Sandra D. Lee, City Secretary
J Consideration and possible action to approve an award of annual bid for pool chemicals to Progressive
Commercial Aquatics in the amount of $10,200 and Pool Sure in the amount of $23,772 -- Kimberly Garrett,
Assistant Director of Recreation, Randy Morrow, Director of Community Services
Question from Eason: Garrett responded that the company is located in Houston.
K Consideration and possible action to approve the allocation of $1000 from the Hotel Occupancy Tax
(HOT) Fund to the Georgetown Project for hosting an event that brough people to Georgetown for an
overnight stay -- Shelly Hargrove, Tourism Director; Kent Huntsman, Chair of the Convention and Visitors
Bureau Board; and Randy Morrow, Director of Community Services (pulled by Snell for consideration on
Regular Agenda below)
L Consideration and possible action to approve an award of bid for police uniforms to Miller Uniforms in the
estimated annual amount of $37,642.00 -- Kevin Stofle, Assistant Police Chief and David Morgan, Police
Chief
Question from Eason: Stofle responded that Miller Uniforms is in Austin. He said there is a requirement in
the bid spec that the vendor be 30 miles/minutes from Georgetown.
M Consideration
and possible action to authorize application for a training grant
for $3600.00 from the Texas
Commission on
Fire Protection
to enable Georgetown Fire Department to send
personnel to school for
continuing fire
eduction -- Clay
Shell, Assistant Fire Chief and Anthony Lincoln,
Fire Chief
N Consideration and possible action to
approve a
resolution
revising
the current
City of
Georgetown
Investment
Policy--
Laurie
Brewer,
Controller
and Micki
Rundell,
Director of
Finance
& Administration
City Council Meeting Minutes/February 14, 2006
Page 2 of 11 Pages
O Consideration and possible action to approve a resolution amending the City's authorized representatives
for the City's investment in the "TexPool" public funds investment pool -- Laurie Brewer, Controller and
Micki Rundell, Director of Finance & Administration
P Consideration and possible action to accept the City's Quarterly Financial Report, which includes the
Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement
Corporation (GTEC) for the quarter ended December 31, 2005 -- Laurie Brewer, Controller and Micki
Rundell, Director of Finance & Administration
Comment from Snell: sales tax is up 40% over last year due to increase in rate of property tax relief and
growth from Wolf Ranch. Snell emphasized the 1/8 cent sales tax relief.
Clarification from Sansing: GTEC sales tax is tracked separately.
Q Consideration and possible action to approve of the annual payment for maintenance on the 800 MHz
radio system to Williamson County in the amount of $32,962.34 -- Terry Jones, Support Services Director
and Micki Rundell, Director of Finance & Administration
R Consideration and possible action for the approval of fees to Kasberg, Patrick & Associates, LP for
engineering services for the design of parking lot expansions at Parks Administration and Fire Station
4 in an amount not to exceed $24,500.00 -- Terry Jones, Support Services Director and Micki Rundell,
Director of Finance & Administration
S Consideration and possible action to authorize the renewal of a lease by the Davidson Brothers of +/- 21
acres of the future Mankins Crossing Wastewater Treatment Plant Site for agricultural purposes -- Jim
Briggs, Assistant City Manager for Utility Operations
Question from Snell: Brandenburg responded that the rate of $10/acre is based on other leases or utility
structure fees.
Motion
by Eason,
second by
Smith to approve with the exception of Item K, pulled by Snell for consideration on the
Regular
Agenda.
Approved
6-0. (Kirby absent)
•M ^ s 4 • • A • .
Council will individually consider and possibly take action on any or all of the following items:
K Consideration and possible action to approve the allocation of $1000 from the Hotel Occupancy Tax
(HOT) Fund to the Georgetown Project for hosting an event that brought people to Georgetown for an
overnight stay -- Shelly Hargrove, Tourism Director; Kent Huntsman, Chair of the Convention and Visitors
Bureau Board; and Randy Morrow, Director of Community Services
Snell questioned and Hargrove responded that the Item 2 category in the Hotel Occupancy Law is for
administrative relief. There was discussion regarding whether a non-profit organization should be given
HOT funds. Hargrove said it is based on how many people and room nights. Snell said he was "precedent
fearful," and asked what if the Southwestern University Brown Symposium asked for assistance? Hargrove
said, if it puts "heads in beds," it would be a good project to fund. Nelon said he feels the rules and
regulations of the HOT tax are there for a reason, and if, in fact, an organization brings people to
Georgetown, and puts heads in beds, he thinks that is permissable. Motion by Eason, second by Oliver to
approve the allocation. Smith asked for the criteria. Hargrove responded that the event must enhance the
hotel industry and/or needs to fit one of the six categories. Brandenburg noted several future events that
will bring people to Georgetown. Approved 4-2. (Snell and Carr opposed)
AA Consideration and possible action to approve a resolution expressing official intent to reimburse net costs
for the purchase of computer equipment, not to exceed $345,661 with proceeds from bonds that will be
issued at a later time -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration
Rundell explained the item, saying these computers were programmed into next budget year, but the cost
of the equipment was much higher than expected so it was decided to roll the expense forward. She said it
was a lease in 2003 that expires in 2006, and the lease has been sold to someone in Michigan, so the City
doesn't care to purchase at the high value. She said, when the life of computers is ready to expire, the City
City Council Meeting Minutes/February 14, 2006
Page 3 of 11 Pages
will sell them to employees as done last year. She said the City is moving from lease to purchase because
it is more expeditious to program it into the debt process. Yantis explained leasing was preferred in the
past, but this time it will be short-term debt. There were further questions from Council. Motion by Smith,
second by Carr to approve. Approved 6-0. (Kirby absent)
BB Consideration and possible action to approve the purchase of 293 computers from Gateway in the
amount of $360,018 -- Dennis Schoenborn, Information Technology Director and Micki Rundell, Director of
Finance & Administration
Schoenborn said there was a formal RFP process, and Gateway, Dell and HP Systems responded. He said
Gateway came in under Dell. Brandenburg noted that even considering 5% for local, Dell was still higher.
Schoenborn said Gateway provides excellent maintenance and service, and that is the reason for extending
the lifespan to 4 years on the laptops. Motion by Sansing, second by Carr to approve the purchase.
Approved 6-0. (Kirby absent)
T Discussion and possible action regarding mutual termination of the Parkland Lease Agreement with the
San Gabriel Batting Cages, Inc. and possible agreement for a new lease with the Georgetown Youth
Baseball Association (GYBA) -- Paul E. Brandenburg, City Manager
Brandenburg explained the item, saying Parks and Recreation does not want to operate or maintain the
Batting Cages. He explained that there are new terms and conditions on the new use agreement for the
Georgetown Youth Baseball Association (GYBA). He said this is the seventh year of a ten-year term, and
he recommenda accepting the termination with the conditions listed in the agenda item cover sheet. There
were questions from the Council. Brandenburg said the Batting Cages would come back to the City if this
arrangement isn't approved, and the City would need to tear it down because of the need to maintain it and
pay insurance. Motion by Sansing, second by Carr to approve the change in the lease arrangement for
the San Gabriel Batting Cages. Approved 6-0. (Kirby absent)
tJ Consideration and possible action to approve a lease agreement with KPK Ventures for use of the land next
to the Berry Creek Tennis Center for a neighborhood park -- Randy Morrow, Director of Community
Services (pulled)
This item was pulled.
V Consideration and possible action to approve Rvi Planning as the architect for the Rock Street Pedestrian
Crossing and Trail Connection in an amount not to exceed $60,000 -- Randy Morrow, Director of
Community Services
Kimberly Garrett explained the item. She said Rvi was chosen to design the pedestrian crossing due to
experience with two other crossings on the Georgetown Hike and Bike Trail. She said the funds have been
bugeted. Motion by Snell, second by Sansing to approve Rvi Planning as the architect. Approved 6-0.
(Kirby absent)
W Consideration and possible action for approval of a contract with Cook - Joyce Inc. Engineering to provide
site planning and a stormwater management plan and associated applications for the Texas Disposal
Systems transfer station and recycling area in an amount not to exceed $80,000.00 -- Terry Jones,
Support Services Director and Micki Rundell, Director of Finance and Administration
Rundell explained the item, saying there are two different contracts, one for $50,000 for drainage issues.
She said the transfer station was closed in the late 80's or early 90's because it was not continually
maintained as needed. She said dumping has occurred on the site, and in order to get a transfer station
there, the City must get a permit modification, which requires compliance with the Texas Commission on
Environmental Quality (TCEQ). She said the City needs a stormwater abatement plan and site plan for
zoning changes. She said Cook -Joyce, Inc. is working with Texas Disposal Systems (TDS) to design the
transfer station. Sansing said he was hopeful that some of the grassy area could be fenced for use by the
Animal Shelter. Motion by Snell, second by Sansing to approve the contract. Sansing suggested a friendly
amendment to look into using the lower land for dog runs, second by Eason Original motion with
amendment. Approved 6-0. (Kirby absent)
X Consideration and possible action to approve an annual bid for unleaded gasoline and diesel to Triple S
Petroleum Company for the estimated annual amount of $525,000.00 -- Marsha Iwers, Acting Purchasing
Director and Micki Rundell, Director of Finance and Administration
City Council Meeting Minutes/February 14, 2006
Page 4 of 11 Pages
Iwers explained that there will be cooperative efforts between the City of Georgetown and other entities,
such as City of Leander. She said Triple S has been satisfactory. She said of the total bid, $280,000 is to
be used by Texas Disposal Systems and reimbursed to the City. Sansing asked if GISD would participate.
Brandenburg said the County and GISD both opted not to participate. Smith asked and Iwers explained the
OPUS Report for the average. Motion by Sansing, second by Eason to approve the annual bid. Carr
asked for an explanation about the 11 no -bids. Iwers said the companies wanted to be paid immediately
upon delivery instead of in 30 days. Motion approved 6-0. (Kirby absent)
Y Consideration and possible action to approve an award of bid for the renovation of the Community
Center to B&O Construction, Inc. in the amount of $1,880,045.00 -- Terry Jones, Support Services Director
and Micki Rundell, Director of Finance & Administration
Jones explained the item, saying the architect, 1113 Architects, has worked with users to determine which
of the renovations to keep and which ones need to be eliminated because the bid prices were overbudget
due to increases in diesel, and materials. He said several items were removed, totalling $75,000. He said
it is assumed that construction prices will continue to climb for 18 months before leveling off. He requested
that the $75,000 savings be kept in the project budget for unforseen issues, saying sufficient funds are
available. He said B & O Construction has received high marks. Motion by Sansing, second by Oliver to
approve the award of bid. Sansing asked about the magnolia tree. Tom Nichols of 1113 Architects said
they have now made the magnolia tree the centerpoint of an outside plaza. Oliver asked and was told that
the "boot" in the stone wall will be repointed and cleaned. Snell asked and Nichols said only one of the 12
items for $75,000 was quality -related, and there is no sacrifice of design intent. Approved 6-0. (Kirby
absent)
Z Consideration and possible action for the approval of the guaranteed maximum price for construction of
the Georgetown Fire Station by Satterfield & Pontikes Construction, Inc. in an amount not to exceed
$2,097,425.00 --Terry Jones, Support Services Director and Micki Rundell, Director of Finance &
Administration
Jones explained the item, saying there is not enough budget to pay the construction costs, but funds have
now been earmarked to complete the project with a 5% contingency. He noted that he placed a cost
comparison on the dais for the Council. Motion by Snell, second by Eason to approve the guaranteed
maximum price. Snell asked and Rundell responded that the City is using $500,000 out of surplus and
borrowing $1.5 million and asked when debt service would start. Rundell responded the $1.5 million is to
be included in the April 2006 bond issue, and a portion is already recognized in the current tax rate.
Approved 6-0. (Kirby absent)
AA Consideration and possible action to approve a resolution expressing official intent to reimburse net costs
for the purchase of computer equipment, not to exceed $345,661 with proceeds from bonds that will be
issued at a later time -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration
This item was handled earlier at the beginning of the agenda.
BB Consideration and possible action to approve the purchase of 293 computers from Gateway in the
amount of $360,018 -- Dennis Schoenborn, Information Technology Director and Micki Rundell, Director of
Finance & Administration
This item was handled earlier at the beginning of the agenda.
CC Discussion and possible action regarding downtown parking -- Tom Yantis, Assistant City Manager
Yantis noted that the addition of the Hewlett and Draeger parking lots added 250 parking spaces. He said
one parking lot (27 spaces) has been closed for construction of the new library, so there is still a lack of
sufficient parking spaces in southwest quadrant of downtown. He said there is a need to have a long-term
look at the need for parking. He pointed out that the complaint is that it is difficult to cross Austin Ave. at
9th Street, so people are not using the new spaces, even though the new parking lot is just two blocks away
from many businesses. He said it is evident that the City needs to improve acess by improving sidewalks,
installing crosswalks, etc. He said most days the lot is 1/3 full. He said the lot at 5th and Austin is
completely empty now, but will change as development activities are completed. He said there is no lack of
spaces, but there is a lack of good pedestrian access.
City Council Meeting Minutes/February 14, 2006
Page 5 of 11 Pages
He offered the suggestion of suspension of the 2 -hour parking during construction of the library. He said
staff recommends only a limited area (28 spaces) of suspension for short-term only. There were questions
and comments from Council. Brandenburg noted that there could be an opportunity in the long-term to
consider a small parking garage in the southwest area. Motion by Sansing, second by Snell to direct staff
to go ahead and change the parking areas, the 28 spots between Rock and Austin on 8th, take away the
two-hour limit and dedicate three spaces on each side of the street to the stained glass place on the north
side and the auto parts store on the south side. Snell said the 2 -hour limit would give the two stores the
spaces they need without getting into reserving them for those specific businesses. Yantis said he will work
with the two business owners. Carr said he thinks part of the problem is that the shop owners and
employees are taking the available spots. Yantis said their argument is that the City took away the parking
lot where they would park their cars all day. Carr said he hesitates to make the parking complicated to
interpret and enforce. Smith said he agreed with Carr. There were other questions from Council Tie vote
of 3-3. (Kirby absent)(Nelon voted against) The motion failed 4-3. (Melon, Oliver, Carr and Smith
opposed) Nelon said over time, those who have been disadvantaged due to the closing of the parking lot
have now found alternative parking, and he said he thinks doing away with the two-hour limit will add an
unnecessary complication, he hopes the two-hour limit will stay in place for a long time. He asked that the
City better promote the far north parking lot to make sure people know it is available. He expressed
difficulty in trying to walk across Austin Avenue at 9th Street. There was more discussion. Yantis agreed
that better pedestrian access is needed at that intersection. Yantis commended Robyn Rye, Jess
Henderson, and the GIS Department for producing the map of the parking areas that he used to explain this
item.
DD Consideration and possible action to adopt a Resolution supporting the Texas Department of
Transportation's ("TXDOT') renaming of the remaining portions of Business 35 as State Spurs upon
completion of the transfer of maintenance and jursidiction of a portion of Business 35 (Austin Avenue) from
TxDOT to the City in accordance with Resolution No. 061495-0 -- Thomas R. Benz, Systems Engineering
Manager and Jim Briggs, Assistant City Manager for Utility Operations
Benz explained the item, saying once the transfer is complete, the roadway will be designated as State
Spur, but it won't impact any of the businesses because they can still refer to it as Austin Ave. or Business
35. Motion by Sansing, second by Carr to approve the resolution supporting the renaming. Approved
6-0. (Kirby absent) Nelon asked and Benz said it will be the first part of 2007 for TXDOT to begin the
improvements to Austin Avenue. It was determined that it will probably be 2008 before the City will have
jurisdiction. He said TXDOT will bring a 90% complete design to the City in March.
EE Consideration and possible action for approval for award of bid for three-phase electrical substation
transformers to Waukesha Electric Systems, Waukesha, Wisconsin, in the amount of $2,724,123 -- Mike
Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Mayben explained the item, saying Delta Star had won the bid, but Delta Star will not be able to provide the
performance bond due to business conditions, and therefore withdrew their bid. He said the second low
bidder, Kuhlman Electric, could not guarantee delivery for the interconnect with TXU, so the City conducted
discussion with the third low bidder, Waukesha Electric, and there were no exceptions taken. He said staff
recommends the bid award. He said Kuhlman is experiencing 30% increases due to steel prices. He said
the Georgetown Utility System (GUS) Advsory Board recommended approval of the original item, but this
change has not gone back to the GUS Board due to time constraints to make the October 2006 timeline.
Smith commented on the confusion about the performance bonding difficulties of Delta Star. Motion by
Smith, second by Sansing to approve the award of bid. Approved 6-0. (Kirby absent) Mayben noted that
he had a meeting with a potential development south of Georgetown at Chandler Road who has agreed for
utility provision from Georgetown. Nelon congratulated staff for their negotiations. Mayben thanked Iwers
and Brewer for their assistance.
FF Discussion and possible action regarding Item A-5 from the December 23, 2005 City Council Agenda
relating to an ordinance annexing into the City the area referred to as Area 13-C, regarding the annexation
of the remainder of the Liese Tract -- Councilmember Ben Oliver
Oliver explained that he originally supported the proposal to annex only the 1001 -foot strip. He said he still
supports the 1001 -foot strip but thinks the caveat will constrict the City's ability to annex more of the land if
conditions change. Oliver said he proposes to remove Section 5 of the Ordinance where the City would
agree not to annex for a certain period of time and where the Lieses agree to annex should they decide to
develop. He said this would put them in a position to be like any other land that is contiguous. Motion by
Oliver, second by Carr to suspend the rules for reconsideration. Nelon confirmed that five affirmative votes
City Council Meeting Minutes/February 14, 2006
Page 6 of 11 Pages
are required. Approved 5-0. (Kirby absent)(Sansing opposed) Motion by Oliver, second by Eason #a
*to reconsider the ordinance.
Approved 5-0. (Kirby absent)(Sansing opposed) Motion by Oliver, second by Eason to direct staff to
amend Ordinance 2005-95 to delete Section 5 of the ordinance. Smith said there are a lot of non-voluntary
annexations in the future especially on the east side of SH130. He thinks it is the sense of the Council that
annexation is needed to be able to control growth. He said he thinks this ordinance, if left in its original
form, gives the signal that the Council is willing to make exceptions. Motion by Smith, second by Carr to
amend the motion to annex the remainder of the 95-acre tract as was approved in the first reading of the
ordinance. Nelon asked Carls to explain whether this larger amount of land would be considered a part of
the 2005 annexation amount or 2006. Carls responded that the agenda item was not posted for annexation
tonight, so it would not be considered a part of the annexations for 2005. Oliver asked if this would be
considered apart of 2006, and confirmed that the proposed annexations for 2006 already exceed the
amount allowed by 2000 acres. Smith said this 95 acres would go "into the pot" for annexations in 2006.
He said he is more concerned that the present ordinance would establish a precedent. Brandenburg said
Council will need to go through the priority procedure as was done in 2005. *as corrected by Farley Snell
at the February 28, 2006 Council Meeting.
There were further comments and questions. Snell questioned the process of Smith's motion. Carls
confirmed that the agreement was prepared and given to the Lieses in January, pertaining to the
annexation of the remainder of the property. It was determined that the agreement is no longer valid since
it hasn't been executed. Oliver said he will oppose Smith's amendment. He said the development on
Booty's Road is already established and looking at the annexation of the remainder of the Liese land would
be good, but would not put that land in a priority position for annexation because the City will need to
priortize the land near SH130. Carr said he agrees with Smith's amendment and agrees with annexing the
property along Booty's Road because of the public safety jurisdiction confusion. When asked to restate the
intent of the amendment, Carls confirmed that Council will vote on Smith's amendment for consideration of
the remaining Liese property to be put in the "pot" for 2006. Amendment Approved 4-2 (Sansing and
Oliver opposed)(Kirby absent) Carls clarified the original motion as amended as to remove Section 5 and
add the remainder of the 95 -acre property into the "pot" for 2006. Sansing expressed concern that the City
is going back on what they originally said they would do. Vote on original motion as amended.
Approved 5-1. (Kirby absent)(Sansing opposed)
GG Consideration and possible action to approve the appointment of new members and chair persons to
the Council -appointed boards and commissions as well as appointment of members to replace vacancies
for unexpired terms on certain boards and commissions -- Mayor Gary Nelon
Motion by Carr,
second by Eason to approve the list of appointments
that was provided to the Council and
will be provided
in the minutes. Approved 5-0.
(Sansing off the dais,
Kirby
absent)
Following is the list of approved appointments:
Airport Board - (4 positions + 1 vacancy expiring in 2007)
Appoint: Darryl Dressler, John Hopper, Paul Smith, Katherine Woods
Appoint: Trey Taparauskas to fill vacancy expiring in 2007
Appoint as Chair: Paul Smith
Animal Shelter Advisory Board — (3 positions + 1 vacancy expiring in 2007)
Reappoint: Patty Eason, Ken Finn, Dr. Erica Haley
Appoint: Keith Fruge to fill vacancy expiring in 2007
Reappoint as Chair: Shawn Gunnin
Building Standards Commission - (2 Regulars + 3 Alternates)
Reappoint: Stanley Bland as regular and Janet Tribble as alternate
Reappoint and elevate Kristopher Kopack from alternate to regular
Appoint: Jon Carey, Al Gaskell and Jim Moreland as alternates
Reappoint as Chair: Richard Lenning
Convention & Visitors Bureau — (6 positions)
Reappoint: Holly Bresser
Appoint: Nancy Benold, Chris Dyer, Florence Gould, Rob Hardy and Peggy Pryde-Enriquez
Appoint as Chair: Rob Hardy
City Council Meeting Minutes/February 14, 2006
Page 7 of 11 Pages
Economic Development Commission — (6 expiring positions to remain for reorganization)
Maintain: Rick Smith as Chair for reorganization
Ethics Commission — (4 positions)
Reappoint: Joyce Gadison, Jim Nolan, and Fred Sellars
Appoint: Laura Denham and Jim Wilson
(Chair elected by Commission)
Georgetown Housing Authority — (1 position + 1 vacancy expiring in 2007)
Reappoint: Emily Northrop
Appoint: Laura Bryant to fill vacancy expiring in 2007
(Chair elected by Commission)
Georgetown Transportation Enhancement Corporation (GTEC) — (3 positions)
Reappoint: John Kirby, Joe Savage and Farley Snell
(President is elected by GTEC membership)
Georgetown Utility Systetm (GUS) — (3 positions)
Reappoint: Doug Smith and Robert Kostka
Appoint: Mike Cunningham
Reappoint as Chair: Doug Smith
Historic and Architectural Review Commission (HARC) — (5 positions)
Reappoint: John Chapman, Chris Damon, Beebe Gray, Jim Keys and Mike Sparks
Reappoint as Chair: Mike Sparks
Library Advisory Board— (5 positions)
Reappoint: Patti Jennings Moore
Appoint: Ruth Lawrence, Anja Lippincott, John Nett and Marc Parrish
Appoint as Chair: Judy Johnston
Main Street Advisory Board — (4 positions + 2 vacancies expiring in 2007)
Reappoint: Sarah Jane Blankenship, Cindy Locke, Larry McCormick
Appoint: Beverly Adam and Dana Wood to vacancies and Terri Brisse as County Rep
Reappoint as Chair: Gordon Baker
Parks & Recreation Board — (4 positions)
Reappoint: Kay Cobb, Bob Mathis, Mark Ramsey and Mike Simpson
Reappoint as Chair: Mark Ramsey
Planning & Zoning Commission — (6 positions)
Reappoint: Harry Gibbs, Marlene McMichael, Will Moore, and Jennifer Shield as regular members
Reappoint: Patrick Lawson and Russell Phillips as alternates
Reappoint as Chair: Johnny Anderson
Zoning Board of Adiustments — (3 positions expiring)
Reappoint: Patrick Lawson, Will Moore, Richard Vasquez
Elevate: Jim Jarvis and elevate from alternate to regular
Appoint: Dale Ross as alternate
Reappoint as Chair: Danny Swafford
HH Consideration and possible action to approve a resolution to order the General Election of May 13, 2006,
to elect a councilmember from each of Districts 1 and 5, and to approve a contract with the Williamson
County Elections Administrator to conduct the election -- Sandra D. Lee, City Secretary
Carls explained the item and read the caption of the resolution. She noted that there are 54 entities that will
be contracting with the Williamson County Elections Administrator and noted that the dates for early voting
will be posted. Motion by Carr, second by Eason to approve the resolution to order the election. Carr said
there is some confusion regarding a water district in the west asking some of the Sun City residents to vote
City Council Meeting Minutes/February 14, 2006
Page 8 of 11 Pages
on May 13. He said he spoke to the Williamson County Elections Administrator, Cliff Borofsky, who said
our attorney needs to speak to Chisholm's attorney. Approved 6-0. (Kirby absent)
11 Second Readings
1. Second Reading of an Ordinance amending the 2005/06 Annual Operating Plan Element (Budget) to
allocate excess funds from the 2005 fiscal year toward capital and other projects -- Laurie Brewer,
Controller and Micki Rundell, Director of Finance and Administration
Rundell read only the caption of the ordinance on second reading. Motion by Eason, second by
Sansing to approve Ordinance 2006-10. Approved 6-0. (Kirby absent)
Sansing left the dais.
2. Second Reading of an Ordinance Rezoning 6.07 acres in the John Berry Survey from RS, Residential
Single -Family to MF, Multifamily Residential for the site known as Chisholm Park, Section One, Phase
One, located on County Road 152 -- Bobby Ray, Director of Planning and Development
Ray read only the caption of
the ordinance on
second
reading. Motion by Smith, second by Carr to
approve Ordinance 2006-11,
Approved 5-0.
(Kirby
and Sansing absent)
3. Second Reading of an Ordinance Rezoning 4 acres in the Nicholas Porter Survey, from RS,
Residential Single -Family to OF, Office for the Williamson County Law Enforcement Training
Center located at 701 College Street -- Bobby Ray, Director of Planning and Development
Ray read only the caption of the ordinance on second reading. Motion by Snell, second by Carr to
approve Ordinance 2006-12, Approved 5-0. (Kirby and Sansing absent)
4. Second Reading of an Ordinance accepting approximately 524.332 (+/-) acres of land located in the A.
M. Brown Survey, Abstract No. 85; M. Hicks Survey, Abstract No. 287; I. Sauls Survey, Abstract No.
595; B. Manlove Survey, Abstract No. 420; P. Weatherby Survey, Abstract No. 680; 1 & G N Survey,
Abstract No. 741; and the J. C. Thaxton Survey, Abstract No. 756; generally located north of FM 2243
and west of the Escalera Subdivision and known locally as the "Ganey Ranch," from the Extraterritorial
Jurisdiction of the City of Leander into the Extraterritorial Jurisdiction of the City of Georgetown --
Patricia E. Carls, City Attorney
Carls read only the caption of the ordinance on second reading. Motion by Eason, second by Smith to
approve Ordinance 2006-13. Approved 5-0. (Kirby and Sansing absent)
JJ First Readings
1. First Reading of an Ordinance Annexing into the City 462.88 acres, more or less, in the Frederick Foy
Survey, west of Sun City Boulevard, for Sun City Option Tract -- Bobby Ray, AICP, Director Planning
and Development and Edward G. Polasek, AICP, Chief Long Range Planner
Polasek explained the item and said the public hearings were held and this annexation will be deferred
until the last possible opportunity, and not until the development agreement has been signed. He
confirmed that if the development agreement has not been approved, the process will start over. Oliver
asked and Polasek explained that in order for Del Webb to move forward with the platting and
development in a timely manner, the annexation must occur during this timeframe. There were further
questions and comments from Council. Snell asked and Brandenburg explained that there will be a
Special Workshop on Tuesday, February 28, at 5:00 p.m. prior to the regular meeting to discuss the
outstanding issues regarding the Development Agreement. He said the Development Agreement
would go to Planning and Zoning on Tuesday, March 7, and then come back to Council for approval on
March 28, and at that time Council will see the final agreement, the Concept Plan, the PUD, and the
rezoning. He said the Workshop will include the development agreement, the concept plan,
connectivity, the TIA and all of those outstanding issues and from that, going to Planning and Zoning,
to keep them on course to get this approved. Snell said he is sympathetic to the developer's need to
get their schedule going, but this is the Council's only time to look at the Development Agreement, and
he said he might have an issue that is not on the list. Brandenburg noted that Council's concerns could
be addressed and brought back on March 28.
Polasek read only the caption of the ordinance on first reading after having satisfied the requirements
of the City Charter. Motion by Snell, second by Eason to approve the ordinance on first reading and
City Council Meeting Minutes/February 14, 2006
Page 9 of 11 Pages
that this be finally handled (second reading) at the last meeting in March, (March 28, 2006) or the first
meeting in May, (May 9, 2006). Polasek explained that May 9 is the last possible day for Council to
approve in order to include this property in the City's 2006 annexations. Carls explained the state
regulations regarding timing of the public hearings, and first and second readings. Carls noted that Del
Webb has requested approval in March due to their market demands. Snell said he will be absent at
both meetings in April. Carr said he is bothered by putting this action on a council schedule rather than
allowing the developer to accomplish their marketing schedule. Smith said he agrees with Carr and
has a problem with the personal amendment. Motion by Smith, second by Carr to amend to delete
the timing that Snell added to the ordinance. Carls said the northern lands are a part of this
combination and the City recently received word that they are interested in being in the same
timeframe, so the target for the 28th of March assumes that negotiations on the northern lands "piece"
will go forward in a timely manner, and Del Webb is aware of this schedule as well. Nelon noted that if
the northern lands are included in this discussion, he would need to recuse himself. He asked that the
discussion stay with the original posted item and noted that there is a motion to amend to delete the
time deadline, so that is what needs to be dealt with. Oliver asked and Snell responded that his motion
was to approve the ordinance on first reading subject to a second reading being date certain, and
Smith responded that his motion was to delete the date certain. Vote on the amendment: Approved
3-2 (Eason and Snell opposed)(Kirby and Sansing absent) Original motion as amended: Approved
3-2 (Eason and Snell opposed)(Kirby and Sansing absent) Carls said she thinks a vote of four
affirmative votes is required, so she went to the Charter to look it up.
(See below Item JJ -2 for more action on item JJ -1)
2. First Reading of an Ordinance Annexing into the City 13.95 acres, more or less, in the Lewis J.
Dyches Survey, to be known as Pleasant Valley, Section Two -- Bobby Ray, AICP, Director Planning
and Development and Edward G. Polasek, AICP, Chief Long Range Planner
Polasek read only the caption of the ordinance after having satisfied the requirements of the City
Charter. Motion by Carr, second by Smith to approve the annexation on first reading. Approved 5-0.
(Kirby and Sansing absent)
Carls read from the Charter that legislation requires a vote of not less than a majority of the Council, but doesn't say
whether it is of the total number of councilmembers or councilmembers present. She noted that the Council could
go through the reconsideration process again on item JJ -1.
The following is further action on Item JJ -1:
Motion by Smith, second by Carr to reconsider Item JJ -1. Approved 3-2 (Eason and Oliver
opposed)(Kirby and Sansing absent) This vote was insufficient because an affirmative vote of five was
needed. Nelon stated that because the motion failed, there is no first reading and this area will not be
included in the 2006 annexation.
It was determined that the ordinance is now rejected and the process will begin again with the two
public hearings. etc. Yantis explained that there could be some special meetings called in order to
process this in a timely manner.
Eason said she doesn't agree that she seconded now that she understands the issue.
Yantis explained that the developer's big issue is the need to process the plats, and currently, they are
inconsistent with the Concept Plan, so if Council will approve the Concept Plan without relation to
annexation, they can continue the Del Webb development process. There was further discussion.
Carr asked to try a motion. Smith said he withdraws his amendment. Nelon asked Carls about the
need for a vote of five to reconsider. It was determined that there needs to be a majority of the
members present. Eason said she wants to make sure that everyone really understands what is going
on.
Motion by Eason, second by Oliver to suspend the rules. Snell said the reason he is asking this is
because he wants a full-scale discussion on whether the City wants to annex any more land "out
there." Snell said instead of doing it tonight, he wanted to see how the development agreement was
coming along and consider the annexation at the second reading. Motion approved 4-1. (Snell
opposed)(Kirby and Sansing absent) Motion by Eason, second by Oliver to reconsider Item JJ -1.
Approved 4-1. (Snell opposed)(/Kirby and Sansing absent)
City Council Meeting Minutes/February 14, 2006
Page 10 of 11 Pages
Motion by Carr, second by Smith to approve the first reading. Snell asked about whether to continue to
annex the lands developed by Del Webb and Pulte. He said he wants to discuss the Development
Agreement before action is taken on annexation and he wants to discuss the advantages or
disadvantages of annexation. It was noted that there will definitely be a Special Workshop on February
28 to discuss the Del Webb Development Agreement. Carr said he respects Snell's concerns, but he
thinks this is the wrong item at the wrong time to resolve Council strategy about further annexations.
He said this causes a "glitch" in the scheule for the developer and doesn't resolve his issues. Smith
said he thinks the only way Georgetown can have quality development and control is through
annexation. Snell expressed the need to further discuss and understand the differences between
voluntary and involuntary annexations. Carls recalled that the Development Agreement of 1995
requires Del Webb to petition for voluntary annexation at the time of platting. Oliver confirmed the
amount of remaining property that Del Webb could develop in the current agreement. There was
further discussion regarding County vs. City authority in the extraterritorial jurisdiction. Vote on the
motion. Approved 5-0 (Kirby and Sansing absent)
3. First Reading of an ordinance to amend chapter 15.40 of the Code of Ordinances relating to
dangerous buildings to address requirements in the law regarding notice to property owners --
Dave Hall, Director of Inspection Services
Hall explained the purpose of the item and read only the caption of the ordinance on first reading after
having satisifed the requirements of the City Charter. Motion by Eason, second by Smith to approve
the ordinance on first reading. Approved 5-0. (Kirby and Sansing absent)
The meeting was adjourned at 08:31 PM.
City Council Meeting Minutes/February 14, 2006
Page 11 of 11 Pages
Attest:
Sandra
The 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, John Kirby, Farley Snell, Ben Oliver it
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City
Manager for Utility Operations; Anthony Lincoln, Fire Chief; Laurie Brewer, Controller; Kimberly Garrett,
Assistant Director of Recreation and Programs; Leticia Zavala, Chief Accountant; Danella Elliott,
Administrative Assistant to Finance; Mark Thomas, Economic Development Director; Keith Hutchinson,
Public Information Officer
• _ • •illipiplifillillipil• •
Called to order at 4:00 PM
A Annual Review and Update of the City's Investment Policy -- Laurie Brewer, Controller and Micki Rundell,
Director of Finance & Administration
With a PowerPoint slide presentation, Brewer gave an overview on the City's Investment Policy. She noted
that the City complies with the Public Funds Investment Act and the Government Accounting Standards
Board (GASB) Requirements. She said the current depository contract with Union Bank expires June 31,
and there will be a depository contract to Council for approval in April or May.
B Discussion
regarding the history,
current status, and possible options for the
future expansion of the IOOF
Cemetery --Paul
E. Brandenburg,
City Manager and Randy Morrow, Director
of Parks and Recreation
Brandenburg gave a brief history of the International Order of Odd Fellows Cemetery, established in 1900.
With a map, he displayed the phases of the cemetery property. He said the City began the sale of lots in
1970, and today there are 84 lots left in the 1993 addition. He told Council there are 45 to 50 lots sold per
year at $650 per lot for 2 plots. He said the biggest cost for the City is maintenance at approximately
$57,000 annually, with annual revenue of only $30,000. He said there is the possibility of expanding onto 2
1/2 acres of city -owned land north of the 1980 Addition which would expand the lots available for perhaps
20 years, with no other land to develop after that. He gave Council some options, such as double stacking,
and reducing lot size to 8'x 8' instead of 10' x 10'. He said the City could charge different fees for different
locations, with an urn area for cremated remains on a Z x 2' lot. He said a mausoleum would save space
but would be very expensive for construction and upkeep. He suggested looking into a maintenance fee
and contacting families of previous burials for contributions for maintenance. He told Council no new
cemeteries can be established within the City Limits. He said a new law requires that cemeteries be two
miles outside the city limits. He asked Council to determine if the City wants to stay in the cemetery
business or sell to a private company. There were questions and comments from the Council.
C Discussion regarding proposed City policy related to the creation of Municipal Utility Districts within the City
City Council Meeting Minutes/February 13, 2006
Page 1 of 2 Pages
limits and the extraterritorial jurisdiction -- Tom Yantis, Assistant City Manager
Yantis asked for Council direction If the City receives an application to create a Municipal Utility District
(MUD). He pointed out that 50% of Georgetown's boundary is fairly well decided. He said Georgetown
could annex all the way down to the boundary agreement with Round Rock, and he said there is an
agreement with the City of Weir east of Georgetown. He said the City may wish not to annex east of
Georgetown due to utility issues near SH130. He said to the north is unknown, saying the City of Jarrell
has a one -mile extraterritorial jurisdiction south down IH35. He said Georgetown staff is in preliminary
dialogue with Jarrell to determine the boundary line and said staff is also working with the cities of Leander
and Liberty Hill to establish the actual line. He noted that the issue is more or less settled with the western
boundary at the Garey property. He said there is a definite area where the decision would be to not allow
MUD's because of the proximity to existing City of Georgetown utility capacity, but there are other areas
where a cost benefit analysis would be necessary to determine revenue, environmental impact, and
availability of other providers of utilities. There were questions and comments from Council. Smith said he
thinks there should be money in the budget to expand the City on the east side.
5:03 p.m. - recessed to Executive Session
Executive Session
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.
D 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
E Sec.551.072: Deliberations Regarding Real Property
Consideration and possible action concerning the acquisition of right-of-way and easement(s) in connection with the
widening of SH 29 West and CR 265 West Improvements
5:30 p.m. - returned to Open Session and adjourned
The meeting was adjourned at 05:30 PM.
ayoriGary Nelon
City Council Meeting Minutes/February 13, 2006
Page 2 of 2 Pages