HomeMy WebLinkAboutMIN 06.14.2005 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
Gary Nelon presiding.
Council Present: j Council Absent:
Patty Eason, Gabe Sansing, Doug Smith, Henry All Council present
Carr, John Kirby, Farley Snell, Ben Oliver
Staff Present:
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City
(i Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Anthony
l Lincoln, Fire Chief; Clay Shell, Assistant Fire Chief; Randy Morrow, Director of Community Services;
Kimberly Garrett, Assistant Director of Recreation and Programs; Eric Lashley, Library Director; Bobby
Ray, Interim Director of Planning and Development; Ed Polasek, Chief Long -Range Planner; Dennis
Schoenborn, Information Technology Director; Mark Miller, Transportation Manager; Dave Hall, Director
of Inspection Services; Keith Hutchinson, Public Information Officer
A Sec.551.071: Consultation with Attorney
- Pending or Threatened Litigation
- Legal Advice Regarding Agenda Items and other Matters
- Discussion and possible action pertaining to the City of Georgetown's request for hearing on the City of Leander's
pending applications for water and wastewater certificates of convenience and necessity and the TCEQ hearing on
same scheduled for August 23, 2005
B Sec.551.086 Competitive Matters
The City Council will go into Executive Session under Chapter 551 of the Texas Government Code to discuss matters or
take action on a "competitive matter" of the Energy Services Department as provided under Section 551.086.
Presentation of the 2005/2006 Electric Capital Improvement Projects Plan -- Michael W. Mayben, Energy Services
Manager and Jim Briggs, Assistant City Manager for Utility Operations
C Sec.551.074 Personnel Matters
- Annual Performance Evaluation and Compensation Review of City Manager
Regular Session
D Call to Order
Mayor Nelon called the meeting to order at 6:00 p.m.
E Pledge of Allegiance
Mayor Nelon led the Pledge.
F 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.
City Council Meeting Minutes/June 14, 2005
Page 1 of 5 Pages
- Review of new proceowe for addressing the City Council
Mayor Nelon explained the new procedure for addressing the City Council, saying that speakers are
allowed to address Council three times per quarter, with permission from the Mayor or a councilmember
required to exceed that limit.
G Announcements and Comments from City Manager
Brandenburg called on Assistant City Manager for Utility Operations, Jim Briggs, who delivered a report
about the wastewater spill along the South San Gabriel River just north of Blue Hole Park. Briggs read a
statement regarding the City's course of action. He said the City is working with the Texas Department of
Health and representatives of the Tecas Commission on Environmental Quality. He said Blue Hale remains
closed to swimming, and there will be periodic monitoring of the river, and estimated it may take
approximately 5 to 6 days for all of the contaminant to dissipate. He said re -opening of Blue Hole Park will
be determined by the sampling. He assured the Council that the public water supply continues to be safe
and will continue to be monitiored. He said the public water supply was not impacted by the event.
Nelon asked Briggs to respond regarding the public that may have been swimming in Blue Hole over the
weekend. Briggs noted that if anyone has any symptoms, they should contact their physician. Nelon added
that includes the Community Clinic for people who have no healthcare coverage, and emphasized that if
people have any questions, they should get professional healthcare advice.
H Public Wishing to Address Council
- Dick Wilke, of Bourn Partners, regarding extension of Hacia los Lobos
Wilke told the Council that he has been involved in the retail real estate business for 35 years. He said he
has built "closed" malls in Houston, Fort Worth, and throughout the country. He said he is in partnership
with Greg Hall, Bruce Barton, and Mark and Mary Allen, on Rivery Park and Clearwater Crossing. He
said they have a problem with the extension of Hacia los Lobos, noting that the "giver" of the right of way
has imposed a condition that the road be renamed to benefit their project. He said he feels there is a
penalty to his development, if the City grants their request. He asked that the name be kept as is or that
a neutral name be chosen so as not to benefit one particular development on that road.
Action from Executive Session
Motion by Smith, second by Carr to increase the salary of the City Manager to $139,230 annually, effective
the first pay period of 200512006 fiscal year. Approved 7-0.
Statutory Consent Agenda
J Consideration and possible action to approve the minutes of the Council Workshop on Monday, May 23,
and the regular Council Meeting on Tuesday, May 24, 2005, and corrections to the minutes of the regular
Council Meeting on Tuesday, April 26, 2005 -- Shirley Rinn, Deputy City Secretary and Sandra D. Lee, City
Secretary
Nelon noted a correction on Item M of the minutes of Tuesday, May 24, 2005, where the word "million" was
incorrectly used instead of the word "thousand."
K Consideration and possible action to purchase one (1) Fire Safety House from Mobile Concepts by Scotty
in the amount of $45,196.00 -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief
L Consideration and possible action regarding approval for a not -to -exceed amount of $25,000 for hardware
and software purchases with Gateway Computer Corporation -- Dennis Schoenborn, Director of
Information Technology
Motion by Smith, second by Eason to approve the Consent Agenda with the correction to the minutes. Approved
7-0.
I=Fmm • •: a • ' •
M Discussion and possible action to approve a Resolution updating and renewing "Principles for Economic
Development incentives" -- Paul E. Brandenburg, City Manager
Brandenburg said according to state code the "Principles" must be re -adopted every two years, saying they
were created in 2003. He noted that no changes had been made except change to the new logo on the
front. Nelon noted there are references to the Business Recruitment and Retention (BRR) contractor.
Brandenburg said the BRR contractor was a part of the program in 2004, but now that the City has
increased the economic development staff, the references can be removed. Motion by Oliver, second by
Sansing to re -adopt the "Principles" with the removal of the BRR reference. Approved 7-0.
N Consideration
and
possible action
to approve a resolution approving and adopting original Articles
of
Incorporation
for
the economic
development corporation to be created pursuant to Section 4A
of the
City Council Meeting Minutes/June 14, 2005
Page 2 of 5 Pages
Development Corporatiu.. Act of 1979 and the May 7, 2005 Election -- Pau, E. Brandenburg, City Manager
Brandenburg explained the item. Motion by Smith, second by Sansing to adopt the Articles of
Incorporation. Snell noted that a change was provided on the dais, regarding the bylaws saying that the
term will not exceed six years. Motion was revised to include the change of language regarding the length
of term. Approved 7-0.
O Consideration and possible action to approve a resolution to accept the transfer of the jurisdiction and
maintenance from the Texas Department of Transportation (TXDOT) to the City of Georgetown for
Business 35 (Austin Avenue) from FM2243 (Leander Road) to FM2338 (Williams Drive) -- Mark Miller,
Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Miller explained the item, saying TXDOT had proposed several years ago to tear down and replace the
bridges across the Gabriels and also proposed to do some widening from 6th Street down through Williams
Drive. He said the Downtown Master Plan disagreed with that proposal, and TXDOT is now proposing to do
maintenance on curbing and the surface, from Leander Road to Williams Drive, retaining the current width
with the exception of two turn lanes. Miller read the list of proposed project improvements as provided in
Exhibit A of the Resolution. He explained that once the maintenance has been accomplished, to begin
sometime in the spring of 2006, the jurisdiction will transfer to the City. He noted that the City has
requested that if TXDOT is not able to install some of the signal lights requested by the City, that they install
conduit at those intersections so it won't be necessary for the City to dig up the asphalt to install the power
lines.
Snell asked about the signal light on Morrow. Miller said it is under contract, saying there are four other
signal constructions ahead of that particular project, but it will definitely be accomplished before the
maintenance project begins.
Speaker, Renee Hanson, addressed the Council regarding her appreciation for the City's effort to negotiate
with TXDOT about the transfer and asked for a conduit at 2nd street for a pedestrian crosswalk.
Speaker, Ina Yakel, speaking on behalf of the Downtown Georgetown Association, asked Council to
support the resolution, saying any more restriction to the businesses downtown would be detrimental and
asked that Council pass the resolution.
Smith asked and Miller confirmed that the City has already taken jurisdiction of Church Street. Oliver
confirmed that TXDOT will pay for the improvements. Sansing questioned the egress from Sonic. Miller
and Briggs noted that there would be a right in and right out onto Austin Avenue from a back entrance/exit.
Motion by Kirby, second by Sansing to approve the transfer of jurisdiction. Approved 7-0.
P Item Forwarded From the Georgetown Utility System (GUS) Board
Consideration and possible action to approve an amendment to the contract with Kasberg, Patrick and
Associates, L.L.P. in the amount of $121,240.00, for professional services relating to Main Street paving,
drainage, water and wastewater improvements, from 9th Street to University -- Mark Miller,
Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Miller explained the item, saying this is a needed rehabilitation item that was scaled back due to lack of
sufficient funds in this year's budget. He said the remainder of the project from University to 21st Street will
be requested for budgeting in the next fiscal year. He said there will be water/wastewater placement where
needed, replacement of curbing where needed, proper entrances and exits, landscaping, and brick
crosswalks in certain designated areas. He said this was unanimously approved by the GUS Board.
Sansing asked about the project being offered to local contractors. Motion by Snell, second by Carr to
approve the contract. Eason said this was an amendment to an existing contract. Snell commended the
staff on the improvements to Church Street. Approved 7-0.
Q Second Reading
Second Reading of an Ordinance amending the following Section of the Unified Development Code
(UDC): Table 10.02; Table 10.06.010 and Section 10.06.030 pertaining to the regulation of Flags and Flag
Poles -- Dave Hall, Director of Inspection Services and Tom Yantis, Assistant City Manager
Hall read only the caption of the ordinance on second reading He said he changed the second reading to
include the 5x8 flag at the request of Councilmember Snell. He noted that the federal guidelines do not
regulate the height of the flagpole. There was brief discussion about the flag and flagpole at the location of
Berry's Hardware being transfered to the City. Sansing suggested more height might need to be
considered for a ground -mounted pole. Yantis suggested the regulations could be amended to say that the
pole could be the maximum height of a building in that zoning district, and then go to the federal guidelines
to make sure that the flag on that pole be sized correctly. Motion by Sansing, second by Smith to approve
the 25 -foot height restriction on top of buildings, but allow ground -mounted flagpoles to be as tall as the
City Council Meeting Minutes/June 14, 2005
Page 3 of 5 Pages
building height restriction k in that zoning area; with the flag size to be in acu�rdance with the federal
guidelines. Oliver asked and Hall responded that residential flags are 3x5. Ordinance 2005-36 Approved
7-0. Carls confirmed that the Council is in agreement regarding the changes, and therefore, another
reading would not be necessary. Hall read only the caption of the ordinance on second reading.
R Public Hearings/First Readings
1. First Reading of an ordinance adding Chapter 2.110 Arts and Culture Board to Title 2 Administration
of the City of Georgetown Code of Ordinances; establishing purpose, appointments, policies, powers
and duties -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services
Lashley read only the caption of the ordinance on first reading after having satisfied the requirements
of the City Chatger. He explained the item, saying the membership has been scaled back to nine
members and also included a proposed workplan for the Board.
Speaker, Paul Gaffney, Dean of Sarafin Fine Arts at Southwestern University, expressed his support
for the ordinance and said he would be happy to be involved with the Board. He suggested adding
language that one of the duties of the board be to seek to improve communication and coordination of
the activities in the arts community of Georgetown.
Motion by Snell, second by Sansing to approve the ordinance on first reading with the addition of the
language suggested by Gaffney. Approved 7-0.
2. First reading of an ordinance amending Title 2 of the Code of Ordinances entitled "Administration" to
establish the Georgetown Transportation Advisory Board (TAB) -- Jim Briggs, Assistant City
Manager for Utility Operations and Paul Brandenburg, City Manager
Brandenburg explained the item, saying not all City transportation projects fall under the purvue of the
Georgetown Transportation Enhancement Corporation (GTEC). He said the Transportation Advisory
Board (TAB) would be designed similar to the composure and functionality of the Georgetown Utility
System (GUS) Board, saying they would handle all projects, make recommendations to the GTEC
Board and to the Council. He read the caption of the ordinance on first reading after having satisfied
the requirements of the City Charter.
Kirby said at first he was enthusiastic about the creation of the Board, but after reading the ordinance,
he found no requirements of the membership of the Board. He said transportation planning is very vital
in Georgetown and the efforts of the County, State, and City need to be coordinated. He asked for
representation on the Board from the school board, County, and TXDOT. Nelon said that the interview
process for selecting members of the boards and commissions would allow for the selection of persons
who are qualified to serve.
Motion by Kirby, second by Sansing to defer this item back to staff to consider council comments
regarding membership.
Snell said he thinks the people who serve should be people who are affected by the actions of the
board, rather than being experts in a field. Oliver said he thinks there should be specific qualifications
for the members, rather than selecting members at large, but also asked Briggs how to work with
representatives from other entities to make sure that they provide input that would be specifically
beneficial to Georgetown. Briggs suggested that technical advisors could be involved in addressing
the board on specific issues. Smith said he thinks the school district and the non -driving population in
Georgetown need to be represented on the Board, and said he does not see the need for a Planning
and Zoning Commission member. Sansing said he thinks this Board should report back to Council, but
not be advisory to GTEC or GUS.
Brandenburg noted that staff had also considered these issues, but felt the committee would be too
large to accomplish business. He said he believes there should be a Planning and Zoning member on
the Board to consider land use effects on transportation.
Snell said those affected by the actions of this Board could be designated through the nomination
process for the positions of the citizens at large, but he thinks the Board needs a sub -group of experts
to deal with bond issues, joint funding, etc. and bring back recommendations to the Advisory Board.
He said the Advisory Board could then approach GTEC for funding for roads that qualify for sales tax
revenue. There was further discussion.
Mayor Nelon recused himself from the following item.
City Council Meeting Minutes/June 14, 2005
Page 4 of 5 Pages
3. First Reading of an ordinance to consider amending Section 5, of Oruinance 2004-79 related to the
Conditional approval of the Cowan Springs Comprehensive Plan Amendment to change the
deadline specified therein from June 30, 2005 to a date not later than December 31, 2005 -- Edward
G. Polasek, Chief Long Range Planner and Bobby Ray, Interim Director of Planning and Development
Polasek explained the item saying the agreements are almost ready, but cannot be finalized within the
original six-month timeframe, and if this amendment is not approved at this time, the whole agreement
would automatically terminate.
Polasek read the caption only of the ordinance on first reading after having satisifed the requirements
of the City Charter. Motion by Carr, second by Sansing to approve the ordinance on first reading to
change the deadline to no later than December 31, 2005.
Smith said he feels staff and the developer are doing a lot of work in regard to establishing a MUD, and
he said he doesn't think a MUD is the appropriate financing mechanism and he would not be able to
approve a MUD for this development. Snell confirmed that within several weeks, Council will vote on
the MUD issue. Brandenburg explained that it is important to hear the developer and make the
decision in the public meeting. Carls said a lot of the work being done has to be done anyway whether
it takes the form of a MUD or not.
Vote on the motion: Approved 7-0.
Mayor Nelon returned to the dais.
S Consideration and possible action to appoint Brian Ortega and Mark Davis to two vacant board positions,
Janet Loper and Brad Johnson to board member alternate positions, and Jay Evans of Jay Evans Company
as the developer representative on the board for the Georgetown Village Public Improvement District #1
-- Mayor Gary Nelon
Nelon said he is recommending appointing Mark Davis, Janet Loper, Brad Johnson, and Jay Evans. It has
been determined that Brian Ortega is currently serving on the Planning and Zoning Commission, and state
law requires that he should not be able to serve on both boards, so another name will be put forth for the
Georgetown Village PID Board position, and will be brought to Council for approval at a later date.
Motion by Carr, second by Oliver to approve the appointments. Approved 7-0.
T Consideration and possible action to appoint two councilmembers to serve as representatives to the
CAPCO General Assembly -- Mayor Gary Nelon
Nelon explained that Councilmember Sansing was appointed in November, and because the City is entitled
to have two representatives, he is also recommending the addition of Councilmember Carr. Motion by
Snell, second by Smith to approve the appointments. Approved 7-0.
7:25 p.m. recessed to Executive Session
7:45 p.m. returned to Open Session and adjourned
The meeting was adjourned at 07:45 PM.
City Council Meeting Minutes/June 14, 2005
Page 5 of 5 Pages
Attest:
Secretary Sandra Lee
t
I
am a member of the
comniittee or commission
E
Meeting Date 0 f / y / U �
Ager'` '+.em No.
CONFLICT OF INTEREST AFFIDAVIT
reside at �5 v
OC eje
L ✓ (City Council or name of City board,
City of Georgetown, and I hereby make this affidavit and on my oath state the following:
"I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or
Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as
defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances)
and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is
identified and described on the above -referenced agenda item.
"I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable).
A. "Substantial Interest"
I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or
shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity.
I or a
person
related to me in
the first or second degree
have an ownership
of $15,000 or more of the fair market
value
of the
business entity.
I or a person related to me in the first or second degree received funds from the business entity in excess of 10%
of my/his/her gross income for the previous year.
I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real
property with a fair market value of $2,500 or more.
B. "Economic Interest"
I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of
Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property
or contractual right in such property that is more than minimal or insignificant and would be recognized by
reasonable persons to have weight in deciding a case or an issue.
C.6G er"
For reasons other than those listed above, I have a conflict of interest Olease specify, e.g. Sec. 2.24.170 or other
reason) F Ife
"Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation,
discussion and voting involving the matter identified in the above -referenced agen4 item whatsoever.
Further, Affiant sayeth not."
Affiant's Signature:
Printed Name:
Date:' lid
BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that
the facts hereinabove stated are true to the best of his/her knowledge or belief.
SWORN TO N • "'
CRIB this day of JE 200_
ofTexas
f
Al
c
` 3 20fl6 Notary Public in and for the State of e
PtldRil4�` County of Williamson
THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING. IF AFFIANT HAS CHECKED ANY OF THE ITEMS UNDER
SECTION "A" RELATING TO "SUBSTANTIAL INTEREST," A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARY FOR
THE CITY OF GEORGETOWN.
Conflict of Interest Affidavit
Rev. 8/25/2004