HomeMy WebLinkAboutMIN 01.25.2005 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. Council sent:
Patty Eason, Gabe Sansing, Doug Smith, Henry All Council present
Carr, John Kirby, Farley Snell, Ben Oliver
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
Rundell, Director of Finance and Administration; Amelia Sondgeroth, Director of Community
Development; Ed Polasek, Chief Long Range Planner; Bobby Ray, Chief Development Planner; Melissa
McCollum, Development Planner; Shelly Hargrove, Tourism Director and Main Street Manager; mark
Miller, Transportation Manager; Michael W. Mayben, Energy Services Manager; Glenn Dishong, Water
Service Manager
A Sec.551.071: Consultation with Attorney
- Pending or -threatened Litigation
- Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline
- Legal Advice Regarding Agenda Items and other Matters
B Sec.551.072 Deliberation on Real Property
- Discussion and possible action regarding acquisition of property for downtown parking
C Sec.551.087 Economic Development
- Discussion or deliberation regarding commercial or financial information that the City has received from a business
prospect that the City seeks to have locate, stay, or expand in or near the territory of the City and with which the City is
conducting economic development negotiations
D Sec.551.086 Public Power Utility Competitive Matters
- Consideration and possible action to approve payment, to McCord Engineering, to provide engineering services related
to the planning, design, and review of the City's electric system improvements, system construction, system expansion
(due to development), and system mapping — Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant
City Manager for Utility Operations
- Consideration and possible action to award bids for Electric System Construction and Maintenance and Electric System
Construction Trenching and Conduit Installation for F.Y. 2005 to Flowers Construction Company, of Hillsboro Texas.
Michael W. Mayben - Energy Services Manager and Jim Briggs - Assistant City Manager for Utility Operations
There was no Executive Session held at this meeting.
Call to Order
City Council Meeting Minutes/January 25, 2005
Page 1 of 7 Pages
G Comments from the da.
- Welcome to Audience and Opening Comments -- Mayor Gary Nelon
Mayor Nelon welcomed the audience and gave a brief review of meeting procedures.
- Announcement of new procedure for addressing the City Council
Mayor Nelon reminded the audience that input is now limited to three times per calendar quarter.
H Announcements and Comments from City Manager
Brandenburg made the following announcements:
- The next Community Breakfast Meeting will be held on Friday, February 4, at the Georgetowm Municipal
Complex off of Leander Road, in the San Gabriel Room. He noted that the meeting is open to the public
and will be about "The Year in Preview"
- The Election for City Council Districts 2 and 6 and Mayor will be Saturday, May 7, with filling for place on
the ballot beginning on February 7 through March 7
- The Grand Opening of new Animal Shelter will be Saturday, April 30, from 11:00 a.m. to 1:00 p.m.
Public Wishing to Address Council
As of the deadline, there were no persons who requested to address the Council on items
other than already posted on the Agenda.
J Action from Executive Session on January 24, 2005
Motion by Smith, second by Carr to approve payment not to exceed $375,000 to McCord Engineering to
provide engineering sevices related to the planning, design, and review of the City's electric system
improvements, system construction, system expansion due to development, and system mapping.
Approved 7-0.
K Consideration and possible action to approve the Minutes of the Council Workshop on Monday, January
10, and the Council Meeting on Tuesday, January 11, 2005 -- Sandra Lee, City Secretary
Snell suggested a correction to Item Q on the minutes of Tuesday, January 11, 2005.
L Consideration and possible action to authorize First Southwest Company to proceed with the preparation of
the required bond offering documents for the upcoming 2005 Bond issue -- Micki Rundell, Director of
Finance and Administration
(This item was pulled from the agenda by Rundell)
M Consideration of approval to purchase a 2005 New Holland loader/mower from Williamson County
Equipment, through the Texas Local Government Purchasing Cooperative in the amount of $32,784.00 --
Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration
N Consideration for approval of the purchase of cellular phone service from Nextel, through the State of
Texas purchasing contracts in the estimated annual amount of of $46,000.00 -- Terry Jones, Purchasing
Director and Micki Rundell, Director of Finance and Administration
O Consideration and possible action to approve revised bylaws for the Georgetown Youth Advisory Board --
Trish Carts, City Attorney
P Consideration and possible action to authorize the Mayor to execute an Assignment of Lease and
Agreement between the Chapter 7 Trustee of Robert B. Currey and SR Aviation -- Travis McLain, Airport
Manager and Tom Yantis, Assistant City Manager
Q Consideration and possible action to authorize application for a Grant of $29,333.00 from the Lower
Colorado River Authority Community Development Partnership Program (CDPP) with a twenty percent
matching fund of $5,866.60 from the City of Georgetown to fund Swift Water Rescue equipment and
apparatus -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief
Motion by Smith, second by Kirby to approve the Consent Agenda with the exception of Items K and L. Approved
7-0.
R Consideration and possible action to establish an Affordable Housing Task Force and determine its
membership. -- Tom Yantis, Assistant City Manager
City Council Meeting Minutes/January 25, 2005
Page 2 of 7 Pages
Yantis explained the iter )ting Council had chosen to establish an affor a housing program with a
task force that would look at the current state of affairs, including the quantity and quality of housing units
and their locations; and look at the issues impacting "for-profit" and "not-for-profit" developers. He said it is
hopeful that the Task Force will be able to make recommendations for projects for the upcoming budget
cycle. Yantis suggested that there be members from management of affordable housing projects,
developers, a financial person, from the regulatory authority (both state and local, for example a member of
Planning and Zoning), as well as a representative from people who need this type of housing, such as a
resident of Stonehaven. He asked for Council direction for the method to present the slate of names.
Smith suggested that there be someone familiar with the need for affordable housing on the task force,
such as Nancy Biggs of the Caring Place. There was further Council comment. Snell suggested that there
be someone from the Housing Authority and from Habitat for Humanity, such as Jack Noble. Mayor Nelon
suggested that people offer some names and Tom can bring that list back to Council. Kirby suggested
someone from the Homebuilder's Association. Council generally agreed that a membership of nine people
would be good.
S Contracts/Agreements
1. Consideration and possible action authorizing the Mayor to execute a Contract with Wilbur Smith
Associates for Overall Transportation Plan modeling and technical support in the amount of $47,300
-- Thomas R. Benz, P.E., Engineering Service Manager; Ed Polasek, AICP, Chief Long Range Planner;
and Amelia Sondgeroth, Director of Community Development
Polasek explained the item, saying the contract has two tasks: (1) program and project analysis for the
Georgetown Transportation Enhancement Corporation Board, and (2) on-call services for (a) model
maintenance and (b) TIA analysis. He said GTEC recommended approval for their portion of funding
and staff recommends approval, Motion by Sansing, second by Kirby to approve the contract. Kirby
said this is an important ingredient that has been missing in the process, and he's glad to see it.
Approved 7-0.
2. Consideration and possible action regarding the "Agreement Regarding First Amendment to
Development Agreement Concerning Proposed Subdivision and Construction of Cimarron Hills
Subdivision, License Agreement, and Lease Agreement' between the City Paloma Cimarron Hills.,
L.P., and Pivotal Cimarron Hills, L.P -- Micki Rundell, Director Finance and Administration
Rundell explained that the previous developer, Paloma, has now been taken over by Pivotal, and this is
a housekeeping item to transfer the documents. Motion by Carr, second by Sansing to approve the
agreement. Approved 7-0.
3. Consideration and possible action regarding the first Amendment to the TASUS Abatement
Agreement -- Micki Rundell, Director Finance and Administration
Rundell said TASUS has asked to delay their abatement by one year due to the delay in construction.
Kirby said he thinks the City should abide by the contract as written. Motion by Kirby, second by Smith
to deny. Smith asked and Rundell responded that the length of time for the delay will be approximately
eight months. There was discussion regarding clarification of the rules for abatement. It was
determined that the City was not responsible for any delay. Motion to deny was denied 5-2 (Eason,
Carr, Snell, Sansing, Oliver opposed) Motion by Sansing, second by Oliver to grant the change.
Approved 6-1. (Kirby opposed)
4. Consideration of a resolution authorizing the Mayor to execute an agreement releasing and accepting
Extraterritorial Jurisdiction property by and between the City of Round Rock, Texas and the City of
Georgetown, Texas -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of
Planning and Development
Polasek explained that it was discovered that there was overlapping Extra -Territorial Jurisdiction (ETJ)
with Round Rock, so a permanent boundary is now established with some swapping of future ETJ,
saying City of Round Rock has approved the agreement. Motion by Snell, second by Kirby to approve
the agreement. Sansing expressed displeasure over the loss of the Avery and Nelson tracts for the
City of Georgetown ETJ. Approved 7-0.
5. Consideration of a resolution authorizing the Mayor to execute an agreement regarding the
establishment of the Extraterritorial Jurisdiction boundary between the City of Round Rock, Texas
and the City of Georgetown, Texas -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth,
Director of Planning and Development
Polasek explained that this item is the balance of the land not covered in the above item. Snell
City Council Meeting Minutes/January 25, 2005
Page 3 of 7 Pages
confirmed that this F anently decides any future annexations to the ith. Motion by Kirby, second
by Oliver to approve the execution of the agreement. Approved 7-0..
T Second Readings
1. Second Reading of an Ordinance Rezoning from RS, Residential Single -Family to OF, Office District
for Dalrymple Addition, Block E, Lot 1 and part of Lot 2, located at 312 West university Avenue -
Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and
Development
Ray explained the item and read only the caption of the ordinance on second reading. Motion by
Sansing, second by Smith to approve Ordinance 2005-05. Approved 7-0.
2. Second Reading of an Ordinance Rezoning from OF, Office to MF, Multifamily District for
approximately 9.4 acres out of 31.0964 acres in the Nicholas Porter Survey, located between
Northwest Boulevard and Westwood Lane - Bobby Ray, Chief Development Planner and Amelia
Sondgeroth, Director of Planning and Development
Ray explained the item and noted that this item was the subject of the workshop on affordable housing
last night. He read only the caption on second reading. Smith asked if the developer doesn't receive
the tax credits, whether they would continue to build this project.
Speaker, Stuart Shaw, of Bonner Carrington, said he wasn't sure if they would build the project if the
tax credits are not awarded. He said he doesn't think the land would be fit for office zoning and they
will stay with residential. He said they would go forward with the development of the apartment
complex on the larger piece of land, and even if they don't receive the tax credits, they may go forward
on the smaller piece.
Motion by Smith, second by Carr to approve Ordinance 2005-06. Approved 5-2. (Kirby and Sansing
opposed)
U Public Hearings / First Readings
1. First Reading of an Ordinance amending the 2004/05 Annual Operating Plan Element (budget) for a
timing adjustment related to the order for a replacement fire apparatus and the addition of a school
resource officer -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration
Rundell read only the caption of the ordinance on first reading after having satisfied the requirements of
the City Charter and explained the item. Motion by Eason, second by Sansing to approve on first
reading. Approved 7-0,
2. Public Hearing to consider a Rezoning of 21.198 acres in the Frederick Foy Survey, from AG,
Agricultural District to PUD, Planned Unit Development District, to be known as Planned Unit
Development of Sun City Georgetown, Neighborhood Nineteen, located west of Sun City Boulevard
at Armstrong Drive — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of
Planning and Development
McCollum explained the item. The Public Hearing was opened at 6:40 p.m. There were no comments.
The Public Hearing was closed at 6:40 p.m.
3. First Reading of an Ordinance Rezoning 21.198 acres in the Frederick Foy Survey, from AG,
Agricultural District to PUD, Planned Unit Development District, to be known as Planned Unit
Development of Sun City Georgetown, Neighborhood Nineteen, located west of Sun City Boulevard
at Armstrong Drive — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of
Planning and Development
McCollum read the entire ordinance. Motion by Sansing, second by Kirby to approve the ordinance on
first reading. Approved 7-0.
At this time Item U-7 was brought forward.
7. First Reading of an Ordinance to consider a Comprehensive Plan Amendment to amend the Land
Use Map from Residential, designated for multi -family use, to Light Industrial for the Amended Plat of
Madison Oaks, Phase 1, Block B, Lot 4 and Madison Oaks, Phase 11, Block B, Lot 5, located on
Madison Oaks Avenue -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of
Planning and Development
City Council Meeting Minutes/January 25, 2005
Page 4 of 7 Pages
Polasek explained ti 3m and displayed a map showing the area in tion. He noted that the
Planning and Zoning kommission and the staff recommend approval oneil asked about the railroad in
relation to parkland and clarified that the Parks Board had no objection to it. Carls said there will need
to be a separate public hearing to explain where the rail spur will go. It was explained that what is
being approved tonight is the land use. There were further Council questions.
Polasek read only the caption on first reading after having satisfied the requirements of the City
Charter. Motion by Sansing, second by Kirby to approve the ordinance on first reading. Approved
7-0,
4, Public Hearing to consider a Rezoning from C1, Local Commercial District to IN, Industrial District for
the Amended Plat of Madison Oaks, Phase 1, Block B, Lot 4 and from MF, Multifamily District to IN,
Industrial District for Madison Oaks, Phase 11, Block B, Lot 5 located on Madison Oaks Avenue —
Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and
Development
Ray explained
the item saying
the
Planning
and Zoning Commission and staff recommend the
rezoning.
The
Public
Hearing
was
opened
at
6:58 p.m.
Applicant, David Starr, said this rezoning is because 84 Lumber approached him to put a lumber
supply company at this location. He said, even if the lumber company weren't coming, he would still
ask Council to rezone this property because it is in the middle of an industrial area. He said 84
Lumber is proposing to hire 100 people.
The Public Hearing was closed at 7:00 p.m.
5. First Reading of an Ordinance Rezoning from C1, Local Commercial District to IN, industrial District
for the Amended Plat of Madison Oaks, Phase 1, Block B, Lot 4 and from MF, Multifamily District to IN,
Industrial District for Madison Oaks, Phase 11, Block B, Lot 5 located on Madison Oaks Avenue -
Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and
Development
Ray read only the caption of the ordinance on first reading after having satisfied the requirements of
the City Charter. Motion by Snell, second by Kirby to approve the ordinance on first reading.
Approved 7-0.
6. Public Hearing to consider a partial vacation of the Amended Plat of Madison Oaks, Phase One,
Block B, Lot 4 and Madison Oaks, Phase Two, Block B, Lot 5, located on Madison Oaks Avenue --
Melissa McCallum, Development Planner and Amelia Sondgeroth, Director of Planning and
Development
McCollum explained the item. It was determined that there will need to be further Council action at a
subsequent meeting. The Public Hearing was opened at 7:05 p.m. There were no comments. The
Public Hearing was closed at 7:05 p.m.
7. First Reading of an Ordinance to consider a Comprehensive Plan Amendment to amend the Land
Use Map from Residential, designated for multi -family use, to Light Industrial for the Amended Plat of
Madison Oaks, Phase 1, Block B, Lot 4 and Madison Oaks, Phase 11, Block B, Lot 5, located on
Madison Oaks Avenue -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of
Planning and Development
This item was handled earlier following Item U-4.
8. Public Hearing to consider a Rezoning from AG, Agriculture and RS, Residential Single -Family to
C-3, General Commercial for 5.24 acres in the J. P. Pulsifer and Clement Stubblefield Surveys, located
at SH -29 West at CR -265 -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director
of Planning and Development
Ray explained the item and said that the Planning and Zoning Commission recommends C-3 subject to
specific limitations on the uses allowed within the C-3 district. He said staff recommends a slight
modification to that motion.
The Pubic Hearing was opened at 7:09 p.m.
Speaker, Michael Simmons -Smith, of Continental Concepts Company, displayed an architectural
City Council Meeting Minutes/January 25, 2005
Page 5 of 7 Pages
rendering to
the
Co• ', saying they are in agreement with
the use li
tions.
He said the developer
is marketing
the
property.
He said Walgreens would be the
anchor if
btoy can
come to an agreement.
The Public Hearing was closed at 7:11 p.m.
9. First Reading of an Ordinance Rezoning from AG, Agriculture and RS, Residential Single -Family to
C-3, General Commercial for 5.24 acres in the J. P. Pulsifer and Clement Stubblefield Surveys, located
at SH -29 tritest at CR -265 -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director
of Planning and Development
Ray read only the caption of the ordinance on first reading after having satisfied the requirements of
the City Charter. Motion by Carr, second by Sansing to approve the ordinance on first reading as
presented by the staff. The staff recommendation: Conduct the First Reading of the Ordinance
Rezoning from AG Agriculture and Rs, Residential Single -Family to C-3, General Commercial, subject
to use limitations and the submittal of a Master Architectural Plan and a Master Signage Plan prior to
second reading at City Council, for 5.24 acres in the J. P. Pulsifer and Clement Stubblefield surveys,
located at SH -29 West at CR -265.
Speaker, Johnny Anderson, Chair of the Planning and Zoning Commission, when asked to explain the
provision of the Planning and Zoning Commission's motion, said the Commission wanted to give the
developer the flexibility he needed with the C-3 zoning but was concerned about some of the other
potential uses for C-3.
10. First Reading of an Ordinance Amending Section 2.69.040 of the Code of Ordinances pertaining to
the number of members on the Main Street Advisory Board to increase the number of members from
seven to nine -- J. Bryant Boyd, Main Street Advisory Board Chairperson and Shelly Hargrove, Tourism
Director and Main Street Manager
Hargrove explained the item and read only the caption of the ordinance after having satisfied the
requirements of the City Charter. Motion by Sansing, second by Eason to approve the ordinance on
first reading. Approved 7-0.
V Items Forwarded by the Georgetown Utility System (GUS) Board
1. Consideration and possible action to approve an amendment to the contract with Kasberg, Patrick and
Associates, L.L.P. for professional services related to certain 2005 Street Rehabilitation Projects in
the amount of $133,650.00 -- Mark Miller, Transportation Manager and Jim Briggs, Assistant City
Manager for Utility Operations
Miller explained the item, saying these particular improvements will be on the east side of IH35. He
said this was approved by the GUS Board. Motion by Smith, second by Carr to approve the contract.
Approved 7-0.
2. Consideration and possible action to approve an amendment to the contract with Kasberg, Patrick and
Associates, L.L.P. for Professional services related to certain 2005 Street Rehabilitation Projects in
the amount of $49,200.00 -- Mark Miller, Transportation Manager and Jim Briggs, Assistant City
Manager for Utility Operations
Miller explained the item, saying these particular improvements will be on the west side of IH35. He
said this was approved by the GUS Board. Motion by Smith, second by Oliver to approve the contract.
Approved 7-0.
3. Consideration and possible action to award the annual bid for Hot Mix Asphalt to RTi Materials in the
estimated amount of $273,000 -- Mark Miller, Transportation Manager; Terry Jones, Purchasing
Director; and Jim Briggs, Assistant City Manager for Utility Operations
Miller explained the item. Motion by Carr, second by Eason to approve. Approved 7-0,
4. Consideration and possible action to award bids for Electric System Construction and Maintenance
and Electric System Construction Trenching and Conduit Installation for F.Y. 2005 to Flowers
Construction Company, of Hillsboro Texas. Michael W. Mayben - Energy Services Manager and Jim
Briggs - Assistant City Manager for Utility Operations
Mayben explained the item. He said this item was approved by the GUS Board. Motion by Sansing,
City Council Meeting Minutes/January 25, 2005
Page 6 of 7 Pages
second by Smith to Rove. Approved 7-0.
5. Consideration and possible action to award the contract for the construction of the Smith Branch
Wastewater improvements Phase IV to C.C. Carlton Industries, Ltd and establish a project budget of
$1,075,000.00 -- Glenn Dishong, Water Service Manager and Jim Briggs, Assistant City Manager for
Utility Operations
Dishong explained the item. He said this item was approved by the GUS Board. Motion by Eason,
second by Sansing to approve the contract. Approved 7-0.
6. Consideration and possible action to approve a contract amendment between the City of Georgetown
and Kasberg, Patrick and Associates, L.L.P. for professional services related to the design of the
West Loop and North Austin Water Line Improvements for $113,900.00 -- Glenn Dishong, Water
Service Manager and Jim Briggs, Assistant City Manager for Utility Operations
Dishong explained the item. He said this item was approved by the GUS Board. Motion by Sansing,
second by Carr to approve the contract. Approved 7-0.
W Item Forwarded by the Georgetown Transportation Enhancement Corporation (GTEC)
1. Consideration and possible action to approve an amendment to the contract between Kasberg, Patrick
and Associates, L.L.P. and the City of Georgetown in the amount of $76,000.00 for professional
services related to the Final Design and construction phase of the Rivery Boulevard to Highway
29 Connector -- Mark Miller, Transportation Manager and Jim Briggs, Assistant City Manager for Utility
Operations
Miller explained the item. He said this item was approved by the GTEC Board. Smith asked and was
told that the right of way has not been acquired. Motion by Sansing, second by Carr to approve the
contract. Approved 64. (Smith opposed)
The meeting was adjourned at 07:25 PM.
City Council Meeting Minutes/January 25, 2005
Page 7 of 7 Pages
Secretary Sandra Lee