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HomeMy WebLinkAboutMIN 09.27.2005 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council• ;• Patty Eason, Gabe Sansing, Doug Smith, HenryC Ben Oliver it Carr, John Kirby, Farley Snell t 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 it Rundell, Director of Finance and Administration; Shelly Hargrove, Tourism Director and Main Street 'i Manager; Terry Jones, Purchasing Director; David Munk, Development Engineer; Melissa McCollum, Development Planner; Travis McLain, Airport Manager; Mike Mayben, Energy Services Manager; Glennit !' Dishong, Water Services Manager; Mark Miller, Transportation Services Manager; Keith Hutchinson,it it Public Information Officer; Kevin Russell, Human Resources Director; Dennis Schoenborn, Information Technology Director; Masha Iwers, Purchasing Agent; Terri Calhoun, Paralegal; Kathy Ragsdale, Utility �i Office Director; Gory Tschida, Police Officer 41MM21736"TATM Me, A Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - Legal Advice Regarding Agenda Items and other Matters - Discussion and possible action regarding the proposed Agreement Regarding Donation of Right of Way for Connector Road Between SH 29 and Rivery Blvd (Hacias Los Lobos) - Discussion of legal issues related to expansion of city limits and extraterritorial jurisdiction - Discussion and possible action regarding contested case hearing on City of Leander's requests to amend CCN Nos. 10302 and 20626 (Application Nos. 34789-C and 34790-C); SOAH Docket No. 582-05-7095; TCEQ Docket No. 2005-0864-UCR - Sheryl Hayes-Pupko v. City of Georgetown, et al., Cause No. 04-961-C277, in the District Court of Williamson County, 277 Judicial District Court - Discussion and possible action regarding the status of good faith negotiations related to the acquisition of right-of-way, easements, and other property interests at 705 N. Austin Ave. related to the improvement by TXDOT of Austin Avenue from Leander Road to Williams Drive B Section 551.072 - Deliberations Regarding Real Property - Discussion and possible action regarding the status of good faith negotiations related to the acquisition of right-of-way, easements, and other property interests at 705 N. Austin Ave. related to the improvement by TXDOT of Austin Avenue from Leander Road to Williams Drive There was no Executive Session held at this meeting. City Council Meeting Minutes/September 27, 2005 Page 1 of 12 Pages C Call to Order Mayor Nelon called the meeting to order at 6:00 p.m. D Pledge of Allegiance Mayor Nelon led the Pledge. E Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. - Review of new procedure for addressing the City Council Mayor Nelon explained the new procedure. - Announcement of vacancies for two alternate positions on the Building Standards Commission Mayor Nelon announced the vacancies. F Announcements and Comments from City Manager Brandenburg thanked all the citizens and organizations in Georgetown who assisted in the shelter of evacuees of Hurricanes Katrina and Rita. G Public Wishing to Address Council - Ron Boyd regarding discussion of opening Section C of Berry Creek and promises made at the time it was opened. Boyd spoke to Council regarding his desire to resolve drainage problems on Brangus Road. He displayed a DVD of the Council Meeting on May 28, 2002, where the item was discussed. Nelon asked Jim Briggs to come forward and respond to Boyd. Briggs said the City recently employed a second engineer to do an analysis of the work done by the previous engineer, and everything that was done by the previous engineer was confirmed. He said the FEMA maps were reviewed and all of the history in that area shows that there is a "water course" across Boyd's property. He said the information has been further reviewed and analyzed and a final report was done recently in order to prepare a letter to be sent to Boyd next week. He told Council that the memo he provided to them contains history of the issues in the area. Boyd differed with the memo, saying the drainage was much worse in August of this year than ever before, and he has owned the property since 1979. He said he was worried about the possibility of flooding again due to Hurricane Rita, and that's why he asked to come and speak to the Council. He said his neighbors are also experiencing increased flooding. The Mayor said the City will continue to work with the County since Boyd's property is not in the City. H Action from Executive Session Motion by Smith, second by Kirby that the City Council authorize an offer to be made to the owner of the property located at 705 N. Austin Ave. on terms consistent with the direction given to Kent Sick and staff in the Executive Session last night and subject to a Purchase Agreement to be brought back to Council for review and approval. Approved 6-0. (Oliver absent) Consideration and possible action to approve the minutes of the Council Workshop on Monday, September 12, and the regular Council Meeting on Tuesday, September 13, 2005 -- Sandra D. Lee, City Secretary Motion by Sansing, second by Smith to approve the minutes as resubmitted to the Council on the dais. Approved 6-0. (Oliver absent) J Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for the approval of an allocation of $4,712.00 in Hotel Occupancy Tax (HOT) funds to the Downtown Georgetown Association for promotion of the "Christmas Stroll" -- Shelly Hargrove, Tourism Director and Main Street Manager and Randy Morrow, Director of Community Services K Consideration and possible action to authorize the Mayor to sign a contract with e -complex inc., operating as Userful'M in an amount not to exceed $42,600 for hardware and software to provide twenty-nine public access computers at the Georgetown Public Library -- Eric Lashley, Library Director City Council Meeting Minutes/September 27, 2005 Page 2 of 12 Pages L Consideration and possible action to approve a funding request for an in-kind donation from Parents for Pride for Project Graduation -- Paul Brandenburg, City Manager M Consideration and possible action on a Public Review Final Plat for 21.407 acres in the Frederick Foy Survey, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -One, located two miles northwest of the intersection of Del Webb Boulevard and Sun City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development N Consideration and possible action on a Public Review Final Plat for 18.819 acres in the Burrell Eaves Survey, to be known as Sun City Georgetown, Sun City Boulevard Extension (East), located two miles northeast of the intersection of Del Webb Boulevard and Sun City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development O Consideration and possible action on a Preliminary Plat of 11.95 acres in the Lewis J. Dyches Survey, and a resubdivision of Georgetown South, Phase One, Lots 6 & 7, to be known as Pleasant Valley Subdivision, Section Two, located on Sunrise Valley Lane — Carla Benton, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development P Consideration and possible action on a Preliminary Plat for 19.49 acres in the Ephraim Evans Survey to be known Rabbit Hill Commercial Subdivision, located on John Hamilton Way -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development Motion by Sansing, second by Smith to approve the Consent Agenda. Approved 6-0. (Oliver absent) Q Contracts and Agreements Mayor Nelon announced that Items Q-8, CC -9, and CC -10 would be brought forward at this time. 8. Consideration and possible action for the approval of the Guaranteed Maximum Price for construction of the Georgetown Public Library by Satterfield & Pontikes Construction, Inc. in an amount not to exceed $8,325,349 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Jones noted that the funding of $9.8 million for this project was approved by the voters in November, 2004. He explained that less architectural and construction management fees and some other expenses, including surveying, soils testing and site dmolition, the expected price for construction will be aproximately $104,000 under budget. He introduced Angie Salinas, John Marshall and David Murphy of Satterfield and Pontikes Construction and Matt Nesbitt and Bruce Holsher of Croslin and Associates. A slide presentation of the elevations and a virtual tour of the interior of the building were provided. Sansing said he was pleased that the City is using the Construction Manager at Risk Program for this project. Motion by Snell, second by Sansing to approve the Guaranteed Maximum Price of $8,325,349.00. Approved 6-0. (Oliver absent) 9. Public Hearing to amend the existing Chapter 13.32 of the City of Georgetown Code of Ordinances, entitled "Water and Wastewater Impact Fees" -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities Briggs noted that every two years, impact fees are reviewed. He explained that it became necessary to establish fees for the Southfork Basin for wastewater, so a full review process was initiated to evaluate all the City water and wastewater fees from the last approval in 2003. He told Council that the Advisory Committee calculated $3,324.00 for a 3/4" water meter and $1,881.00 for wastewater service. Briggs introduced Tony Bagwell of HDR Engineering who used a powerpoint presentation to explain the fee calculations and the process used by the Impact Fee Advisory Committee. He showed comparables with other cities in the area. There was discussion regarding the smaller size included in the ordinance. Robert Kostka, Chair of the Committee, said the Committee felt calculating for growth was important, City Council Meeting Minutes/September 27, 2005 Page 3 of 12 Pages both from a developer's standpoint and from a rate payer's standpoint. He said the Committee also asked for input from staff as to what was necessary to operate the system successfully. He said they also looked a the Committee Report from 2003, saying they felt it was important to move gradually to impose the maximum fee that can be used. He said they reached the decision to use 75% of maximum for water and 100% of maximum for wastewater. He said the Committee feels these rates are a fair compromise. Gavurnik added that he supports these rates as a builder/developer member of the Committee. The Public Hearing was opened at 6:41 p.m. There were no comments. The Public Hearing was closed at 6:41 p.m. 10. First Reading of an ordinance of the City of Georgetown, Texas, amending the existing Chapter 13.32 of the City of Georgetown Code of Ordinances, entitled "Water and Wastewater Impact Fees" -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities Briggs read only the caption on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Smith to approve the ordinance on first reading. Motion by Snell, second by Kirby to amend to increase the fees to the maximum both for Georgetown and the Southfork area. Smith said he is opposed to the amendment to increase to the maximum and said he feels the Committee used good judgement in the rates they proposed, especially in breaking out the Southfork Basin rates. Snell said he has opposed from the beginning that the rate payers pay for development. He said he thinks the state requirement has a fairness element in it in that the person paying the impact fee is already paying for part of the total impact, and then participating in the larger share. He said he thinks these fees are being designed to subsidize development, and he doesn't think the City needs to encourage building. He said he wants to make sure the full price is charged. Carr asked for the difference between 75% and the full price of the water and what the impact would be. Briggs said 100% means new growth is picking up all of the new growth costs, with no burden on the existing rate base. Rundell explained that the impact fees collected in the past were minimal and the City is just now seeing collection of impact fees in under the 2003 fee (50% on water, 100% on wastewater). There was further discussion. Kirby asked and Briggs confirmed that the 5/8" meter is currently being used on the Habitat houses. Vote on the amendment: 5-1. (Smith opposed)(Oliver absent) Motion by Sansing, second by Smith to amend to leave the rate for the 5/8" meter where it is currently, for water only. Approved 6-0. (Oliver absent) Motion by Snell, second by Kirby to amend that the impact fees be reviewed again in no less than three years. Approved 6-0. (Oliver absent) Vote on original motion as three times amended: Approved 6-0. (Oliver absent) 1. Consideration of approval of a resolution authorizing social service funding agreements between the City of Georgetown and the Assistance League of Georgetown, Bluebonnet Trails Community MHMR Center - PRIDE Early Childhood Intervention, Capital Area Rural Transportation System, Georgetown Community Clinic, Georgetown Area United Way, The Caring Place, Family Eldercare, Inc., Georgetown Interfaith Caregivers, Habitat for Humanity, Literacy Council of Williamson County, Senior Center at Stonehaven, The Georgetown Project, Williamson -Burnet County Opportunities Inc., Williamson County and Cities Health District, and Williamson County Crisis Center, and for these agencies and organizations to continue to provide services for the citizens of Georgetown -- Paul E. Brandenburg, City Manager Brandenburg explained the item. Motion by Sansing, second by Eason to approve the funding agreements. Approved 6-0. (Oliver absent) 2. Consideration and possible action to extend the current contract with AvFuel Corporation to provide avgas and jet fuel to the Georgetown Municipal Airport in the estimated annual amount of City Council Meeting Minutes/September 27, 2005 Page 4 of 12 Pages $17500,000.00 -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager McLain recommended that the contract extension be approved through July, 2006, and then the City could go out for bids again during that time. Motion by Sansing, second by Carr to approve the extension. Approved 6-0. (Oliver absent) 3. Consideration and possible action to authorize the Mayor to execute an Airport Lease Assignment from Clark Thurmond to the Williamson County Sun, Inc. -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager McLain noted that there are no changes in the terms of the lease other than the name. Motion by Smith, second by Sansing to approve the assignment. Approved 6-0. (Oliver absent) 4. Consideration and possible action to authorize the Mayor to execute a contract for legal services with the firm of Brown and Carls -- Patricia E. Carls, City Attorney Brandenburg explained the item, saying the contract currently contains a monthly cap of $24,167.00 and an annual cap of $290,000. He noted that Brown and Carls has requested no change to the monthly or hourly cap and no change to the expense reimbursement provisions which state that travel time to and from Austin is not reimbursed, but the firm proposes to change the hourly rates in order to more accurately reflect the firm's composition and the experience and expertise of its attorneys. Motion by Kirby, second by Eason to approve the contract. Sansing asked about the comparison of in-house vs. outside legal services. It was determined that the previous arrangement of in-house legal services was more expensive to the City. Approved 5-1. (Sansing opposed)(Oliver absent) 5. Discussion and possible action regarding a contract for Municipal Court prosecutor services -- Patricia E. Carls, City Attorney Carls explained the item, saying the prosecutor and assistant prosecutor are both local attorneys and the contract is the same as last year. Motion by Carr, second by Smith to approve. Approved 6-0. (Oliver absent) 6. Consideration and possible action to authorize the Mayor to execute a contract with Matthew & Company for the purpose of videotaping City Council Meetings -- Paul E. Brandenburg, City Manager Brandenburg explained the item, saying the increase has been budgeted. Motion by Snell, second by Carr to approve the contract. Approved 6-0. (Oliver absent) 7. Consideration and possible action to approve fiscal year 2005/06 annual support services and contract renewals for Information Technology vendors providing services and support to the City of Georgetown -- Dennis Schoenborn, Director of Information Technology and Tom Yantis, Assistant City Manager Schoenborn explained the item, saying most of the funds to be spent come from the Information Technology Budget, with some coming from grant money for the Police Department. Kirby said he thinks there should be more bidders for the "Toughbooks." Motion by Sansing, second by Eason to approve the support services and contract renewals. Approved 6-0. (Oliver absent) 8. Consideration and possible action for the approval of the Guaranteed Maximum Price for construction of the Georgetown Public Library by Satterfield & Pontikes Construction, Inc. in an amount not to exceed $8,325,349 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration This item was handled earlier at the beginning of the Legislative Regular Agenda. 9. Consideration and possible action to approve an Inter -local Agreement, between the City of Georgetown and the City of Round Rock, regarding the provision of water service to Celebration Church -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities Dishong explained the item, saying the City can provide water and wastewater, but it is necessary that the City of Round Rock provide fireflow until the City of Georgetown system is upgraded. Motion by City Council Meeting Minutes/September 27, 2005 Page 5 of 12 Pages Smith, second by Carr to approve the inter -local agreement. Approved 6-0. (Oliver absent) 10. Consideration and possible action to enter into an agreement with the Texas Department of Transportation (TxDOT) to contribute City funds toward the widening of Williams Drive (2338) project in Georgetown -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item. He noted that the funds will come from the Georgetown Transportation Enhancement Corporation (GTEC). Motion by Sansing, second by Smith to approve the agreement. Approved 6-0. (Oliver absent) 11. Consideration and possible action to authorize the Mayor to execute a contract with Civic Design Associates for professional services related to the Williams Drive Gateway Redevelopment Master Plan -- Tom Yantis, Assistant City Manager Yantis explained the item, saying the scope of services is still being finalized, but asked Council to enter into a contract not to exceed $88,000. He noted that he is asking Council to allocate $12,500, the balance of the Council Contingency Fund for this year, as a partial source of funding for this contract. Sansing said he was part of the selection committee, and he was impressed with Civic Design Associates. Motion by Sansing, second by Carr to approve the contract. Approved 6-0. (Oliver absent) 12. Consideration and possible action to authorize an agreement with the Wolf Family for the donation of right-of-way and easements for the proposed construction of a connector road from Rivery Blvd, to SH 29 West -- Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carls, City Attorney Briggs explained the item, saying this project is approved in the GTEC Transportation Improvement Plan. He said the start date has changed to no earlier than June, 2006. Carls noted another wording change in Paragraph 2.6. Motion by Sansing, second by Carr to approve the agreement. Kirby said when he was elected, he ran on the premise that development should pay its own way. He thanked the Wolf family for donating the land for this road. He said a road being built through a large piece of property adds value to the surrounding land, and said he thinks the City needs to delay building the road long enough to force a developer to pick up the costs. Motion by Kirby, second by Smith to amend the contract to give the City time to work with the developer and get the road paid for by the developer. Sansing said in light of the traffic issues, he thinks the road needs to be built as soon as possible. Vote on the amendment: Denied 5 4 -2. (Eason, Carr, Snell, and Sansing-an -Sliver* opposed) Vote on original motion. Approved 5-1. (Kirby opposed) (Oliver absent) (*as corrected by Oliver at the 10-11-05 Council Meeting) 13. Consideration and possible action to authorize staff to execute a reimbursement and property exchange agreement with 4T -LFT, the owner of 101 and 109 W. 2nd St. related to the Main Street Water Quality Pond -- Tom Yantis, Assistant City Manager Yantis explained the item, saying the engineering for the downtown water quality pond has been completed and submitted to TCEQ, but the property owner adjacent to the pond, submitted an alternative design and said he wants to make sure the pond is designed to compliment a residential development. Yantis said the City had planned a long, narrow, deep pond, but the property owner suggests a land swap in order to build the pond in a more aesthetic design. Yantis noted that the agreement says that the property owner will front additional engineering fees; and if the pond is able to be constructed within the current budget, the property owner is to be reimbursed that amount. He said If the pond costs more, the developer will front any additional costs with reimbursement in 2007 for the additional costs. He said the timing of the excecution of the land -swap agreement is critical because TCEQ has the City's application for the linear pond; and they typically take 75 to 100 days to review, so hopefully, new paperwork regarding the ponds can just be exchanged before they have completed the review. Nelon confirmed that the cost should be less with the new design. Sansing said he has a problem with paying the overages to the developer. Snell pointed out that pressure is being put on the Council to approve an agreement that they have not reviewed, and confirmed that this item is being requested because of the TCEQ timetable. Yantis explained that TCEQ will not proceed with their review of any other new development projects in the downtown overlay district that require water quality City Council Meeting Minutes/September 27, 2005 Page 6 of 12 Pages study until this project is approved and construction has started on the pond. Motion by Sansing to authorize staff to begin negotiations in an amount not to exceed 10% of the net cost of the pond. The motion died due of lack of second. Motion by Eason, second by Smith to approve the reimbursement and property exchange. Approved 5-1. (Sansing opposed)(Oliver absent) Contracts/Agreements Forwarded from the Georgetown Utility System Advisory Board (GUS) 14. Consideration and possible action for approval of the contract with Lower Colorado River Authority (LCRA) for the purchase of electric distribution and transmission materials for FY2005/2006 from Techline in accordance with the LCRA Electric Material Acquisition Program for an estimated $171007000.00 -- Marsha Iwers, Purchasing Agent and Micki Rundell, Director of Finance and Administration Mayben explained the item, saying it is the material acquisition portion of a program that was entered into last year. He said the bids last year were influenced by hurricanes in Florida, and this year, there would be an increase again due to hurricanes, so it is better for the City to go ahead and renew this contract. He said this has been approved by the Georgetown Utility System (GUS) Board. Motion by Smith, second by Carr to approve the contract with LCRA. Approved 6-0. (Oliver absent) 15. Consideration and possible action to transfer .272 MGD of capacity in accordance with the Water Service, Water Rights, and Facility Ownership Contract between the City of Georgetown and Chisholm Trail Special Utility District relating to the Lake Water Treatment Plant -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities Dishong explained the item saying this transfer arrangement was originally made with CTSUD in 1999, and CTSUD is requesting an increase in its ownership share to 2.0 MGD of plant capacity. He said the GUS Board approved the transfer. Motion by Smith, second by Eason to approve the transfer. Approved 6-0. (Oliver absent) 16. Consideration and possible action to amend the contract between the City and the Brazos River Authority (BRA) for the management, operation, and maintenance of wastewater treatment facilities for fiscal year 2005-2006 and to set an annual operating budget of $1,075,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities Dishong explained the item, saying the only change in the contract is the prediction of how many gallons will be treated this year. Motion by Kirby, second by Sansing to approve the contract with BRA. Approved 6-0. (Oliver absent) 17. Consideration and possible action to amend the contract between the City and Operations Management International (OMI) for the management, operation, and maintenance of water treatment facilities for fiscal year 2005-2006 and to set an annual operating budget of $875,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities Dishong explained the item, saying the increase is due to escalators, a change in scope to have OMI provide their own vehicles, and increasing the maintenance budget for the expansion of the Lake Water Treatment Plant. Motion by Carr, second by Smith to approve the contract with OMI. Approved 6-0. (Oliver absent) R Consideration and possible action to approve an award of bid for police vehicles to Philpott Ford in the amount of $497,174.00 -- Marsha Iwers, Purchasing Agent and Micki Rundell, Director of Finance and Administration Iwers explained the item, saying this is the 5th year to bid vehicles with all emergency equipment already installed to save time and money. She said the local Ford vendor, Mac Haik Ford, did not respond to the invitation to bid. She said they were contacted by the City, and they said they were not able to install the equipment and would have to hire a contractor and then be legally responsible for the installation. She said Mac Haik Ford also indicated that even with the 5% local preference, they would not be able to compete with Philpott. Sansing asked and Rundell explained that it is cost effective to stretch the maintenance to four years from three and the City will hold back six of the older vehicles to be used for new officers and as replacement vehicles. Motion by Smith, second by Carr to approve the award of bid. Approved 6-0. City Council Meeting Minutes/September 27, 2005 Page 7 of 12 Pages (Oliver absent) S Consideration and possible action to approve an award of bid for vehicles to Philpott Fort in the amount of $425,073.00 -- Marsha Iwers, Purchasing Agent and Micki Rundell, Director of Finance and Administration Iwers explained the item, saying the two local vendors were invited to bid, but did not respond because they did not think there was enough profit in the vehicles. She said staff will continue to take these vehicles to the local vendors for repairs and warranty work. Sansing asked about the "hybrids." Rundell said they would be used by the Customer Service Field Representatives. Motion by Sansing, second by Carr to approve that award of bid. Approved 6-0. (Oliver absent) T Consideration and possible action to change the name of the City of Georgetown's Fire Fighters' Civil Service Commission to Fire Fighters' and Police Officers' Civil Service Commission -- Kevin Russell, Human Resources Director Russell explained the purpose of the item. Motion by Snell, second by Eason to approve. Approved 6-0. (Oliver absent) U Consideration and possible action to approve a Resolution confirming the appointment of James W. Montgomery to fill the current vacancy on the Fire Fighters' and Police Officers' Civil Service Commission -- Paul Brandenburg, City Manager Brandenburg explained that this person is being appointed to fill the unexpired term of Art Rodgriguez who resigned due to moving outside the city limits. Motion by Kirby, second by Eason to approve the appointment. Approved 6-0. (Oliver absent) 8:00 p.m. -- recessed 8:10 p.m. -- resumed V Consideration and possible action to amend the City of Georgetown Cafeteria Plan based on changes in IRS law that allows for the addition of a grace period for employees to recover qualifying expenses -- Kevin Russell, Human Resources Director Russell explained the item and read the caption of the resolution. He explained the difference between the current plan and the change that will allow an additional two months for employees to use up their allocations. Motion by Kirby, second by Sansing to approve the addition of the grace period. Approved 6-0. (Oliver absent) W Consideration and possible action concerning the City's acceptance of a Quit Claim Deed from Williamson County transferring ownership and maintenance of D.B. Wood Road from Williamson County to the City -- Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carls, City Attorney Briggs explained that the interlocal agreement was approved in August of 2001, and upon completion of the construction it was agreed that the County would turn over the ownership to the City. He said once the City takes ownership, the City can annex the property and then post a speed limit through an ordinance. He said until it is annexed, the police can enforce the speed limits as posted by the County. Motion by Kirby, second by Smith to approve the ownership and maintenance of D.B. Wood Road. Approved 6-0. (Oliver absent) X Consideration and possible action concerning the City's acceptance of a Quit Claim Deed from Williamson County transferring ownership and maintenance of the Georgetown Innerloop East (SH 29 East to FM 971) from the County to the City -- Jim Briggs, Assistant City Manager for Utility Operations Briggs explained that this is the same arrangement as in Item W. Motion by Smith, second by Eason to approve. Approved 6-0. (Oliver absent) Y Consideration and possible action concerning the City's acceptance of a Quit Claim Deed from Williamson County transferring ownership and maintenance of CR 265 from Williamson County to the City -- Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/September 27, 2005 Page 8 of 12 Pages Briggs said this is the old Liberty Hill Road that ran parallel to SH29. He said a piece of this road is not needed so the City will take possession and abandon it. Sansing said Della Green told her there is an old black cemetery on the Wolf property directly across CR265. Briggs said the City is dealing with the road only and not beyond the fences. Motion by Carr, second by Sansing to approve the ownership and maintenance of CR 265. Approved 6-0. (Oliver absent) Z Consideration of a Resolution setting public hearing dates for the Annexation into the City of Approximately 4,719.83 Acres, more or less, described as, and depicted on the 2005 Annexation Area maps attached as Exhibit B: (1) Approximately 3,100 acres of the U.S. Army Corp of Engineer's property around Lake Georgetown located within the City's ETJ, depicted as 2005 Annexation Area 9a; (2) Approximately 169.066 acres located southwest of R.R. 2338 (Williams Drive) between Country Road to the northwest and Oak Ridge Circle to the southeast and including the right-of-way along R.R. 2338 from Shell Road to Lakeway Drive, depicted as 2005 Annexation Area 13a; (3) Approximately 135.753 acres southwest of R.R. 2338 (Williams Drive) between D.B. Wood Road and northwest of Country Road including the right-of-way along Cedar Breaks Road from R.R. 2338, depicted as 2005 Annexation Area 13b; (4) Approximately 139.809 acres southwest of R.R. 2338 (Williams Drive ), extending to Booty's Crossing Road, between Country Road and northwest of Oak Ridge Circle including the right-of-way along Booty's Crossing Road, depicted as 2005 Annexation Area 13c; (5) Approximately 7.050 acres located along the right-of-way of Booty's Crossing Road west of Oak Ridge Circle to Kathi Lane and including property described as Block A, Lot 1 of Buzzard Branch, depicted as 2005 Annexation Area 13d; (6) Approximately 221.971 acres located north and south of C.R. 151 between North Austin Avenue and C.R. 152 including the right-of-way along C.R. 151 between Austin Avenue and C.R. 152 and the right-of-way along C.R. 152 between Crystal Knoll Boulevard and south of Lonnie Thomas Drive, depicted as 2005 Annexation Area 16a; (7) Approximately 231.076 acres located along the east side of F.M. 1460, west of Maple Street between Georgian Drive and extending south of the S.E. Inner Loop, depicted as 2005 Annexation Area 19b; (8) Approximately 289.025 acres located southeast S.E. Inner Loop, east of Maple Street and west of C.R. 110, depicted as 2005 Annexation Area 19c; (9) Approximately 7.478 acres located along the right-of-way of R.R. 2338 (Williams Drive) from southeast of South Lakewoods Drive to southeast of Casa Loma Circle, depicted as 2005 Annexation Area 25; and, (10) Approximately 424.270 acres located along the north side, including the right-of-way of, R.R. 2243 (Leander Road) from Riverview Drive (east) to Escalera Parkway (west), depicted as 2005 Annexation Area 26 -- Bobby Ray, Acting Director of Planning and Development Ray explained that this item is to set a hearing date for the October 2005 Annexation Process. He gave Council the proposed calendar and procedures. He said there is an issue with one of the hearing dates, November 22, which sets up a schedule causing the second reading of the ordinance to be held on December 27, when the Council Meeting would be traditionally canceled because of the proximity to the Christmas holiday. He noted that not holding the second reading would decrease the amount of property annexed for this year. Yantis and Carls explained the law regarding the amount of land that could be annexed, which is 10% of the incorporated area as of January 1 of that year, and if any land is not annexed, 30% can be banked. Carls and Yantis noted park or corps land doesn't count because it is government land. Carls suggested limiting this resolution for the setting of the public hearings and get back to Council on the dates of the first and second readings. There was discussion among the Councilmembers, and it was determined that the second reading would be changed to December 23, 2005. Motion by Sansing, second by Carr to set the dates of November 8 and 22 as the dates of the two public hearings. Sansing asked about the potential annexation of the Liese property. Yantis said there is a good possibility that their property will be left out of the annexation process but he asked to wait until the first public hearing to make that decision. Approved 6-0. (Oliver absent) AA Consideration and possible recommendation to approve the purchase of Bioxide chemicals from U.S. Filter/Davis Process Products, of Sarasota, Florida, in an amount not to exceed $50,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities Dishong explained the item, saying that U.S. Filter/Davis Process Products is the sole provider of the chemicals. Motion by Sansing, second by Carr to approve the purchase. Approved 6-0. (Oliver absent) BB Second Readings 1. Second Reading of an Ordinance annexing into the City 16.616 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 32, for Sun City Boulevard Right -of -Way to Parmer Lane -- Bobby Ray, Acting Director of Planning and Development City Council Meeting Minutes/September 27, 2005 Page 9 of 12 Pages Ray read only the caption on second reading. Motion by Carr, second by Sansing to approve Ordinance 2005-52. Approved 6-0. (Oliver absent) 2. Second Reading of an Ordinance annexing into the City 18.819 acres, more or less, in the Burrell Eaves Survey, east Sun City Neighborhood 33, for Sun City Boulevard Right -of -Way to State Highway 195 -- Bobby Ray, Acting Director of Planning and Development Ray read only the caption on second reading. Motion by Kirby, second by Smith to approve Ordinance 2005-53, Approved 6-0. City (Oliver Kirby, second by Eason to approve the ordinance on first reading. Approved absent) (Oliver absent) 3. Second Reading of an Ordinance annexing into the City 20.71 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 29 and White Wing Golf Course, for Sun City Neighborhood 21 -- Bobby Ray, Acting Director of Planning and Development Ray read only the caption on second reading. Motion by Carr, second by Sansing to approve Ordinance 2005-54. Approved 6-0. (Oliver absent) 4. Second Reading of an Ordinance annexing into the City 102.38 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 30 and White Wing Golf Course, for Sun City Neighborhoods 31 and 32 -- Bobby Ray, Acting Director of Planning and Development Ray read only the caption on second reading. Motion by Carr, second by Sansing to approve Ordinance 2005-55. Approved 6-0. (Oliver absent) 5. Second Reading of an Ordinance Rezoning 21.407 acres in the Frederick Foy Survey, from AG, Agricultural District to PUD, Planned Unit Development District, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -One, located two miles northwest of the intersection of Del Webb Boulevard and Sun City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development McCollum read only the caption on second reading. Motion by Sansing, second by Carr to approve Ordinance 2005-56. Approved 6-0. (Oliver absent) 6. Second Reading of an Ordinance Rezoning 18.819 acres in the Burrell Eaves Survey, from AG, Agriculture to P.U.D., Planned Unit Development District, to be known as Sun City Georgetown, Sun City Boulevard Extension (East), located two miles northeast of the intersection of Del Webb Blvd. and Sun City Blvd. -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development McCollum read only the caption on second reading. Motion by Sansing, second by Kirby to approve Ordinance 2005-57. Approved 6-0. (Oliver absent) CC Public Hearings/First Readings 1. First Reading of an Ordinance amending Section 13.04.065 of the Georgetown Code of Ordinances entitled "Guard Light Service" and the subsequent sections, with the addtion of Section 13.04.071, street light rates, and rate structure to reflect the cost of providing service -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained the purpose of the ordinance, saying the lamps will be "unbundled" according to the wattage and location. She read only the caption of the ordinance after having satisifed the requirements of the City Charter. Motion by Sansing, second by Eason to approve the ordinance on first reading. Approved 6-0. (Oliver absent) 2 First Reading of an ordinance amending Article VII, 13.04.210, of the Georgetown Code of Ordinances entitled "Temporary Service," to more closely reflect cost of service -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained that this is a service for make-readies for property owners and landlords. She read only the caption of the ordinance after having satisifed the requirements of the City Charter. Motion by Kirby, second by Eason to approve the ordinance on first reading. Approved 64. (Oliver absent) City Council Meeting Minutes/September 27, 2005 Page 10 of 12 Pages 3. Public Hearing to Consider a Rezoning of Lot 5 (South Part), Block 2 of Highland Park Revised, from RS, Residential Single Family district to C3, General Commercial district located at Highland Drive and West 24th Street -- Bobby Ray, AICP, Acting Director of Planning and Development Ray explained the item, saying it will allow overflow parking for the proposed fire station and the Georgetown Municipal Complex. The public hearing was opened at 8:35 p.m. There were no comments. The Public Hearing was closed at 8:35 p.m. 4. First Reading of an Ordinance Rezoning Lot 5 (South Part), Block 2 of Highland Park Revised, from RS, Residential Single Family district to C3, General Commercial district located at Highland Drive and West 24th Street -- Bobby Ray, AICP, Acting Director of Planning and Development Ray read only the caption of the ordinance after having satisifed the requirements of the City Charter. Motion by Carr, second by Sansing to approve the ordinance on first reading. Approved 6-0. (Oliver absent) 5. Public Hearing to consider a Rezoning of 34 .7 acres in the Joseph Fish Survey, from AG, Agricultural District to RS, Residential Single-family district with a PUD, Planned Unit Development District, to be known as the Planned Unit Development of Georgetown Village, Section Seven, located south of Shell Road within Georgetown Village -- Bobby Ray, AICP, Acting Director of Planning and Development Ray explained the item. The Public Hearing was opened at 8:38 p.m. There were no comments. The Public Hearing was closed at 8:38 p.m. 6. First Reading of an Ordinance Rezoning of 34 .7 acres in the Joseph Fish Survey, from AG, Agricultural District to RS, Residential Single-family district with a PUD, Planned Unit Development District, to be known as the Planned Unit Development of Georgetown Village, Section Seven, located south of Shell Road within Georgetown Village -- Bobby Ray, AICP, Acting Director of Planning and Development Ray read only the caption of the ordinance after having satisifed the requirements of the City Charter. Motion by Kirby, second by Smith to approve. Approved 6-0. (Oliver absent) 7. Public Hearing to Consider a Rezoning of 32.473 acres in the Frederick Foy Survey, from AG, Agricultural District to PUD, Planned Unit Development District, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Thirty, located two miles northeast of the intersection of Del Webb Boulevard and Sun City Boulevard. -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development McCollum noted that this property will contain 102 residential units on cluster lots and said staff and the Planning and Zoning Commission recommend approval as it is compliant with PUD standards. The Public Hearing was opened at 8:39 p.m. There were no comments. The Public Hearing was closed at 8:39 p.m. 8. First Reading of an Ordinance Rezoning 32.473 acres in the Frederick Foy Survey, from AG, Agricultural District to PUD, Planned Unit Development District, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Thirty, located two miles northeast of the intersection of Del Webb Boulevard and Sun City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development McCollum read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Carr, second by Eason to approve the ordinance on first reading. Approved 6-0. (Oliver absent) 9. Public Hearing to amend the existing Chapter 13.32 of the City of Georgetown Code of Ordinances, entitled "Water and Wastewater Impact Fees" -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities This item was handled earlier at the beginning of the Legislative Regular Agenda. City Council Meeting Minutes/September 27, 2005 Page 11 of 12 Pages 10. First Reading of an ordinance of the City of Georgetown, Texas, amending the existing Chapter 13.32 of the City of Georgetown Code of Ordinances, entitled "Water and Wastewater Impact Fees" -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities This item was handled earlier at the beginning of the Legislative Regular Agenda. 11. First Reading of an Ordinance of the City Council of the City of Georgetown, Texas, changing the name of Hacia Los Lobos Blvd. and the proposed SH 29/Rivery Blvd. Connector Road to ' Wolf Ranch Parkway' -- Jim Briggs, Assistant City Manager for Utilities and Patricia E. Carls, City Attorney Briggs explained the item and read only the caption of the ordinance after having satisfied the requirements of the City Charter. He noted that Council began working on this process three years ago. He said there are no businesses on this road, but one is expected to take out a bulding permit next month. He said they have no objection to the changing of the name. Motion by Smith, second by Kirby to approve the ordinance on first reading. Approved 6-0. (Oliver absent) DD Consideration and possible action to appoint Patrick Lawson as an Alternate to the Zoning Board of Adjustments -- Mayor Gary Nelon Motion by Snell, second by Carr to approve the appointment of Lawson. Approved 6-0. (Oliver absent) The meeting was adjourned at 08:45 PM. City Council Meeting Minutes/September 27, 2005 Page 12 of 12 Pages AttestGn City Secretary Sandra Lee