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HomeMy WebLinkAboutMIN 10.22.2002 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council resent: Council Absent: Llorente Navarrette, Gabe Sansing, Doug Smith, All Council present Jack Noble, Sam Pfiester, Farley Snell, Ken Evans Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager for Operations; 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; David Morgan, Police Chief; Anthony Lincoln, Fire Chief; Amelia Sondgeroth, Director of Development Services; Carla Bourland, Human Resources Director; Glenn Dishong, Water/Wastewater Services Manager; Bobby Ray, Chief Development Planner; Ed Polasek, Chief Long Range Planner; Mark Miller, Transportation Services Manager; Carla Benton, Development Planner; Ken Finn, Animal Services Supervisor; Jackie Carey, Animal Services Coordinator Policy Development/Review Wa •r, Regular- r to convene and continue Executive Session, There was no Executive Session held at this meeting. C Call to Order -- Called to order at 6:00 p.m. D Pledge of Allegiance -- Mayor Nelon led the Pledge of Allegiance E Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief outline of the meeting procedures. - Announcement of Vacancy on the Public Safety Advisory Board -- Mayor Gary Nelon Mayor Nelon noted that the position is still vacant. - Announcement of next regular Council Meeting to be held on Tuesday, November 12, at Tippit Middle School, 1601 Leander Road at 6:00 p.m. F Announcements and Comments from City Manager Paul Brandenburg announced: Dr. Gunn of GISD wants to set a joint meeting with the Council on November 14 or 21; Construction on the exterior of the former Council Chambers is to begin this week with the tentative date to be back in the building by June, 2003; and Residents of Sun City will meet on October 29 to discuss the Del Webb 2500 Plan which will go to Planning and Zoning on November 5. G Citizens Wishing to Address Council 1. B. Keith Peshak, 800 Oak Crest Lane, regarding accounting practices at the Georgetown Airport and City Council Meeting Minutes/October 22, 2002 Page 1 of 7 Pages the public availability of documents relating to airport financial information. Peshak said the subject matter of his address to Council, as posted, is not as he had requested. He spoke to Council regarding $125,000 that he says is missing from the Airport Fund. He claimed that the numbers for the Airport are not available to the general public. At the end of his three minutes, he asked to speak at the next Council Meeting. 2. Della Green, 1901 Vine Street, regarding taxes. Green did not attend the meeting. H Action from Executive Session Motion by Smith, second by Evans to approve the acquisition of a 2.0 acre tract of land owned by the Kokels for the appraised market value as part of the right of way for the Inner Loop Northeast, in accordance with the GTEC Budget and Project List previously approved by the City Council. Navarrette asked for clarification from legal counsel and Carls responded that one of the landowners had expressed interest in an exchange of land of equivalent value to the fair market value, and the question that Navarrette had asked her to research was whether the landowner from whom that land would be traded is aware of the arrangement with the other landowner. Briggs answered that the landowner was not aware. There was discussion. Motion by Navarrette, second by Noble to amend the previous motion by sending this issue back to staff to make the property owners aware of the situation. Pfiester confirmed with Briggs that both property owners were satisfied with each of their proposed agreements. Evans confirmed with Briggs that there is no controversy between the property owners. Navarrette and Noble withdrew the motion. Vote on the original motion. Approved 7-0. Motion by Smith, second by Sansing to approve either the acquisition of the 0.041 acre tract of land owned by the Higginbothams for the appraised fair market value, or an in-kind exchange of land with the Higginbothams for the same value, as part of the right of way for the Inner Loop Northeast, and in accordance with the GTEC Budget and Project List previously approved by the City Council. Approved 7-0. Consideration and possible action to approve the minutes from the Council Workshops on Monday, September 23, and Monday, October 7, and the Regular Council Meetings on Tuesday, September 24, and Tuesday, October 8, 2002 -- Sandra Lee, City Secretary Snell suggested corrections to the minutes of the Council Meeting on September 24, 2002. Navarrette questioned the outcome of item M on the Consent Agenda of the Council Meeting on October 8, 2002. He said it had been his understanding, that the Council would not be able to take action on that item because the posting of the "For Sale" sign had not taken place in accordance with the City's ordinance. Carls said she thinks the cover sheet explained that by the time the item came before the Council, the sign had been posted, so there was not an additional delay. Navarrette asked Carls to verify and report back to Council, in case that item needs to be reposted. J Consideration and possible action to approve a resolution authorizing the Police Department to utilize regular exempt license plates -- David Morgan, Chief of Police K Consideration and possible action to authorize the donation of a surplus police K-9 to the Burnet Police Department -- David Morgan, Chief of Police L Consideration and possible action to request authority to apply for a Very Best Pet Network Grant for $5,000 -- Jacqueline Carey, Animal Services Coordinator and Tom Yantis, Assistant City Manager M Contracts and Agreements 1. Consideration and possible action to approve the contract renewal between the City and Texas Disposal Systems, Inc. (TDS) for solid waste collection and disposal services -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director Finance and Administration Smith asked and Rundell confirmed that TDS did not receive the monetary incentives as written in City Council Meeting Minutes/October 22, 2002 Page 2 of 7 Pages their contract and instead requested, in their renewal, they be granted an additional year in their contract. She said that would not prevent the City from going out for bid. 2. Consideration and possible action to approve an agreement for Financial Advisory Services with First Southwest Company -- Micki Rundell, Director of Finance and Administration 3. Consideration and possible action to approve an Amendment dated September 18, 2002 to the contract between the City of Georgetown and Roming, Parker and Kasberg, L.L.P. for preliminary engineering services related to drainage improvements to the Brangus Ranch area in the Berry Creek Watershed in the amount of $17,450.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations (pulled by Sam Pfiester) N Consideration and possible action on a Public Review Final Plat of 9.46 acres, a Resubdivision of Lots 3 and 23, and the remaining part of Lots 2 and 24 of San Gabriel Estates, to be known as San Gabriel Center, located at the intersection of Booty's Crossing and Williams Drive, with a variance to the Subdivision Regulations -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services O Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning the ten (10) foot Public Utility Easement (PUE) on south (rear) property line and five (5) foot PUEs along the east and west (side) property lines behind the 25 foot front building line of Lot 3, Block G, University Park, Section 1, located at 1904 East 19th Street -- James Babcock, Development Technician and Amelia Sondgeroth, Director of Planning and Development Services P Items forwarded to the City Council from the Georgetown Utility System Board 1. Consideration and possible action to approve the purchase of bioxide chemicals from U. S. Filter/Davis Prodicts, of Sarasota, Florida, in an amount not to exceed $75,000 -- Glenn Dishong, Water Services Manager and Jim Briggs, Asistant City Manager for Utility Operations 2. Consideration of award of annual bid for Cold Pour Crack Sealer for roadway maintenance to Allstates Coatings Company in the estimated amount of $35,062.50. Mark Miller - Transportation Services Manager and Jim Briggs - Assistant City Manager for Utility Operations Motion by Sansing, second by Noble to approve the Consent Agenda with the corrections to the Minutes of September 24, 2002, and with Item M pulled for consideration on the Regular Agenda. Approved 7-0. Legislative Regular Agenda M Contracts and Agreements 3. Consideration and possible action to approve an Amendment dated September 18, 2002 to the contract between the City of Georgetown and Roming, Parker and Kasberg, L.L.P. for preliminary engineering services related to drainage improvements to the Brangus Ranch area in the Berry Creek Watershed in the amount of $17,450.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations (pulled by Sam Pfiester) Pfiester confirmed with Miller that this item concerns the Boyd project regarding the drainage problem below where the Berry Creek Reserve is building a detention pond. Miller said the drainage problem has been an issue since before the City annexed this area. He said Roming, Parker will be calculating the amount of drainage, coming out of Serenada and other neighborhoods, that flows down to that area. It was confirmed that the drainage problems are not being caused by the development at Berry Creek. Motion by Pfiester, second by Smith to approve the contract amendment. Approved 7-0. Q Consideration and possible action to direct staff on the implementation of the initial phase of modifications to public safety compensation for the 2002/03 budget -- Carla Bourland, Human Resources Director and Paul Brandenburg, City Manager Bourland explained this item was discussed at the Council Workshop yesterday and staff recommends that the Council approve the Step Plan that was presented for the 02/03 budget which represents an increase to the starting salaries of both fire and police employees and implementing a 2% Step Plan for the 02/03 budget. City Council Meeting Minutes/October 22, 2002 Page 3 of 7 Pages Nelon noted that there have been two separate workshops where this Council priority has been discussed, saying this $237,026 will be the first incremental cost and is a great first step towards the goal of increasing the public safety compensation with additional positions added and further increases of $202,661.00 in 03/04 and $110,640.00 in 04/05 with merit and incentives added to that. Brandenburg emphasized that the only commitment being made on this agenda is for the year 2003. He said subsequent addtional phases would have to be approved within the context of the annual budget. He thanked Bourland, Lincoln, Morgan, and the police officers and firefighters for their contributions and patience in this effort. Evans also commended staff for bringing the plan together. Motion by Evans, second by Sansing to approve the recommendation as presented by staff with the pay increases to be reflected on the paychecks of December 6, 2002. Pfiester noted that this is only a portion of what the Council is looking at as far as long-term strategy. He said along with the compensation package, Council is also looking at prioritization of safety issues, with a recommendation to come from staff regarding resources such as vehicles and equipment. Approved 7-0. Police Chief David Morgan told Council the staff has been working diligently over the last eight months to resolve public safety issues. He thanked the Mayor, Council, Paul Brandenburg, Tom Yantis, Carla Bourland, Micki Rundell, the citizens of Georgetown via the Public Safety Advisory Board, and the employees of the Police and Fire Departments for the teamwork and professional dialogue involved in the process. R Consideration and possible action to confirm six appointments made to the Youth Advisory Board -- Mayor Gary Nelon Motion by Navarrette, second by Smith to approve the appointment of Katie Mount, Angela Seals, Elissa Delmatier, Meredith Morrow, Jonathon Easley, and Wes Varner to the Youth Advisory Board. Approved 7-0. S Consideration and possible action on a Detailed Development Plan for Lot 'I and part of Lot 2, PW Properties, located on FM 2243 (Leander Road), with variances to the Subdivision Regulations and request for off-site parking approval -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Benton explained the lot is between the existing Comfort Inn and a gas station on Leander Road, and the plan is to develop just under 5,000 s.f. of building for three take-out restaurants. She said the applicant is requesting a variance from parking standards, a variance from the 70% impervious coverage to 83%, and requesting to allow their building to encroach into the 10 -foot setback. She said the staff and the Planning and Zoning Commission are recommending denial of the DDP and variances. There was discussion as to the parking requirements. Jim Cummins, of Steger and Bizzell, called Council's attention to the encroachment of the building into the easement, saying the proposed building and the existing building are not going to be too close together, and there is actually plenty of space between buildings. He also asked for consideration of the variance to impervious coverage. Larry Guess, of WTL Masterbuilders, the applicant, said he thinks the variances should be approved, saying there is a 40 -foot easement platted between where the building would sit and the service station, originally to give access to the back property, and as yet has not been developed. He said, with his proposed plan, access would be available, but not 40 feet. He said the adjacent property owner would allow him to gain additional space from their setback in order to provide more parking spaces. He said the businesses to occupy the proposed building will be Shipley Donuts which will be actively in business from 5:00 a.m. to 9:00 a.m., an ice cream parlor with primarly evening use, and a sandwich shop for noontime business. He said he would be willing to reduce his dining area in order to reduce the number of required parking spaces and reduce the impervious cover. Nelon recommended and there was Council discussion regarding him taking those issues back through the Planning and Zoning Commission. Motion by Smith, second by Evans to deny the Detailed Development Plan. Approved 6-1. (Sansing opposed) T Consideration and possible action to approve an advance funding agreement between the City of Georgetown and Texas Department of Transportation for the third lane on the IH 35 southbound frontage road from the North San Gabriel River -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/October 22, 2002 Page 4 of 7 Pages Briggs explained that this is not a "not to exceed" funding agreement. He said the City has been working with Texas Department of Transportation for quite a while on this project, and said the indicated cost is estimated to be approximately $659,000. He noted that the GTEC Board and the staff have recommended approval. He said anything over the $600,000 would have to go back to GTEC and Council. Motion by Snell, second by Evans to approve the advance funding agreement. Approved 7-0. U Item Forwarded from Georgetown Utility System Advisory Board Consideration and possible action to approve the purchase of Jonah Special Utility District's portion of the Southside Water Treatment plant -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explaiined that in 2000, Jonah paid for a third of the plant, and up until this point, they have not been able to use it, so they would like to be reimbursed at the cost that they paid. It was confirmed that the City has been using 100% of the plant capacity over the last year. Sansing asked and Briggs confirmed that the Texas Water Development Board would not allow Jonah to lease a well for a raw water source, saying Jonah would be required to purchase the well. Motion by Evans, second by Snell to approve the purchase of Jonah's share of the Southside Water Treatment Plant. Approved 7-0. V First Readings 2. Consideration and action with respect to an Ordinance Authorizing City of Georgetown, Texas Utility System Revenue Bonds, Series 2002, in an amount not to exceed $6,510,000, approving an official statement and other matters related to the issuance of the bonds -- Micki Rundell, Director of Finance and Administration Rundell explained that this and the next item are related to the recent bond sale. She said the City recently received an upgrade from A to A+ bond rating. She introduced Jeff Garland of First Southwest Company. He noted that Monty Nitcholas of First Southwest Company was in the audience, and explained the information in the pricing book provided in the packet for this item, saying this was a good time to go to market. There was discussion regarding call dates on other City bond documents. Rundell noted that bond counsel, Carol Polumbo, was in the audience. Rundell read only the caption after having satisfied the requirements of the City Charter. Motion by Snell, second by Sansing to approve on first reading. Approved 6A. (Navarrette opposed) 1. Consideration and action with respect to an Ordinance Authorizing the Issuance of City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2002, in an amount not to exceed $3,110,000, approving an official statement and other matters related thereto -- Micki Rundell, Director of Finance and Administration Rundell said Polumbo asked her to remind Council that they were only required to have one reading on these ordinances by state law due to the pricing issues. Rundell read only the caption after having satisfied the requirements of the City Charter. Pfiester asked about the issuance costs comparisons between the two items. Garland explained the costs, saying most of the costs are fixed and not dependent on the issuance size, the only sliding scale being the bond counsel fee. Motion by Noble, second by Smith to approve the issuance of the Certificates of Obligation. Approved 7-0. 3. First reading of an ordinance to establish wastewater rates that reflect the cost of providing service for customers of the Cimarron Hills Wastewater Treatment Plant -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Rundell explained the item and read only the caption after having satisfied the requirements of the City Charter. Evans questioned and Rundell and Briggs responded regarding the cost of providng service and the fact that collection of the raw sewage is being done until there are enough homes to make it efficient to operate the treatment plant. Motion by Snell, second by Pfiester to approve the ordinance on first reading. Approved 7-0. 4. First reading of an Ordinance amending the existing gas franchise between the City of Georgetown and TXU Gas Company, to provide for a different consideration and to authorize the lease of facilities within the City's rights of way -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/October 22, 2002 Page 5 of 7 Pages Briggs reminded Council that they had approved the Compromise and Settlement Agreement with TXU on the September 24 Council Agenda, and said the ordinance would take effect on December 21, 2002. He read only the caption after having satisfied the requirements of the City Charter. Motion by Evans, second by Navarrette to approve the ordinance on first reading. Approved 7-0, 5. First reading of an Ordinance amending the existing electric franchise between the City of Georgetown and Oncor Electric Delivery Company, to provide for a different consideration -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs explained the purpose of the ordinance and read only the caption after having satisfied the requirements of the City Charter. Motion by Sansing, second by Noble to approve the ordinance on first reading. Approved 7-0. W Second Readings 1. Second Reading of an Ordinance Rezoning 8.09 acres in the John Berry Survey to be known as Chisholm Park, Section One, from RMH, Residential Manufactured Home, to RHD, Residential High Density or any more restrictive district, located on County Road 152 -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray read only the caption on second reading. Motion by Navarrette, second by Sansing to approve Ordinance No. 2002-64. Approved 7-0. 2. Second Reading of an Ordinance Rezoning Crestview Addition, Unit 1, Block 2, Lot 9, from RS, Residential Single Family to RM -3, Office and Service Use, or more restrictive district, located at 1618 Williams Drive -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray read only the caption on second reading. Motion by Smith, second by Pfiester to approve Ordinance No. 2002-65. Approved 7-0. 3. Second reading of an ordinance amending stormwater rates to reflect the cost of providing service -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Rundell read only the caption on second reading. Motion by Evans, second by Smith to approve Ordinance No. 2002-66. Approved 7-0. X Public Hearings 1. Second Public Hearing on an ordinance providing for the annexation into the City of 101.50 acres, more or less, in the Clement Stubblefield Survey, located at the southwest corner of the intersection of IH 35 and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek explained the purpose of the public hearing. The public hearing was opened at 7:24 p.m. Barbara Owens, 708 Greenwood Court, said she lives on the river and wants everyone to have a chance to access the river. She asked that enough land be kept next to the river so everyone can enjoy it. The public hearing was closed at 7:27 p.m. 2. Second Public Hearing on an ordinance providing for the annexation into the City of 0.68 acres, more or less, in the Clement Stubblefield Survey, located near the southwest corner of the intersection of IH 35 and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek explained the annexation is subject to approval of the service plan. The public hearing was opened at 7:27 p.m. There were no comments, and the public hearing was closed at 7:28 p.m. 3. Second Public Hearing on an ordinance providing for the annexation into the City of 39.496 acres, City Council Meeting Minutes/October 22, 2002 Page 6 of 7 Pages more or less, in the Clement Stubblefield Survey, located near the southwest corner of the intersection of IH 35 and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek explained that the annexation is subject to approval of the service plan. The public hearing was opened at 7:28 p.m. There were no comments. The public hearing was closed at 7:28 p.m. 4. Second Public Hearing on an ordinance providing for the annexation into the City of 11.67 acres, more or less, in the Joseph B. Pulsifer Survey, located north of Spring Valley Road and east of the North San Gabriel River -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek explained that the applicant will be developing a private park on the property and wishes to be annexed in order to be provided with City police services. The public hearing was opened at 7:28 p.m. There were no comments. The public hearing was closed at 7:29 p.m. 5. Second Public Hearing on an ordinance providing for the annexation into the City of 4.825 acres, more or less, in the Frederick Foy Survey, that are the remaining portions of Neighborhood 16, located east of Sun City Boulevard and west of Dove Hollow Trail, to be known as Neighborhood 16-3, Sun City Texas -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek explained the item. The public hearing was opened at 7:29 p.m. There were no comments. The public hearing was closed at 7:29 p.m. 6. Second Public Hearing on an ordinance providing for the annexation into the City of 100.00 acres, more or less, in the William Addison Survey, east of the proposed Maple Street extension and south of Inner Loop -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek explained the item. The pubic hearing was opened at 7:30 p.m. Smith said he thinks the cost of city services will exceed the value of the annexation, but he is in favor of annexing the property because the alternative might be more costly. Nelon confirmed with Brandenburg that he will provide an annexation cost analysis at a future meeting. Evans confirmed with Polasek that this property is not in the City's electric service area, but asked if there could be negotiations between the City and Oncor. Briggs said even if the applicant wished to have City service, obtaining a change in the CCN from the Public Utilities Commission would not be probable. 7. Second Public Hearing on an ordinance providing for the annexation into the City of 15.83 acres, more or less, in the David Wright Survey, located at the southeast corner of the intersection of FM 2338 (Williams Drive) and Cedar Breaks Road -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek explained the item. The public hearing was opened at 7:36 p.m. There were no comments. The public hearing was closed at 7:36 p.m. The meeting was adjourned at 07:36 PM. City Council Meeting Minutes/October 22, 2002 Page 7 of 7 Pages Attest' fi M�f✓may �� i'rv.r' �°" 't.. ��:.?�~x� @'�a� r�.�.`..a.✓ City Secretary Sandra Lee