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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