Loading...
HomeMy WebLinkAboutMIN 12.14.2004 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 Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry 11 All Council present Carr, John Kirby, Farley Snell, Ben Oliver ;E Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia Carls, City Attorney; Sandra Lee, City Secretary; Keith Hutchinson, Public Information Officer; Micki Rundell, Director of Finance and Administration; Anthony Lincoln, Fire Chief; Randy Morrow, Director of Community Services; Amelia Sondgeroth, Director of Planning and Development; Laurie Brewer; Controller; Shelly Hargrove, Tourism Coordinator and Main Street Manager; Terry Jones, Purchasing Director; Glenn Dishong, Water Services Manager; Dave Hall, Director of Inspection Services; Tom Leggitt, Fire Marshal; Mark Thomas, Economic Development Director; Ed Polasek, Chief Long -Range Planner; Bobby Ray, Chief Current Planner; David Munk, Development Engineer; Carla Benton, Development Planner; Melissa McCollum, Development Planner; Eric Lashley, Library Director A Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - E.O. Sharp Butane Co., Inc. v. City of Georgetown, Texas, Cause No. A -04 -CA -299 -SS, in the United States District Court, Western District of Texas, Austin Division -Sheryl Hayes-Pupko v. Williamson County Texas, Derricki Dutton, City of Georgetown, Neil Crawford, 277th Judicial District, Williamson County, Texas - Legal issues related to proposed MUD #15 - Legal Advice Regarding Agenda Items and other Matters B Sec.551.072: Deliberation on Real Property - Discussion and possible action concerning the disposition of approximately 0.047 ac. of city -owned property at the NE corner of South Austin Avenue and Leander Rd. - Discussion and possible action regarding the disposition of certain city -owned real property. - Discussion and possible action concerning the purchase of right-of-way and easements for improvements to SH 29 West and CR 265 - 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 There was no Executive Session held at this meeting. City Council Meeting Minutes/December 14, 2004 Page 1 of 11 Pages Regular Session D Call to Order The meeting was called 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 review of meeting procedures. - Announcement of one vacancy for a Downtown Property Owner on the Main Street Advisory Board - Announcement of two vacancies on the Building Standards Commission for one Regular and one Alternate - Announcement of vacancy on the Civil Service Commission in December Mayor Nelon announced the vacancies. - Announcement of Recruitment for new members for the 2005/2006 City Boards and Commissions (deadline for applications is December 31, 2004) Mayor Nelon announced the recruitment reminder. G Announcements and Comments from City Manager There were no announcements from the City Manager H Public Wishing to Address Council - Keith Peshak regarding police vehicles. Peshak talked about calling the police to the Airport when he thought there was an infraction, but he said the Police Department refused to come to the Airport. He also said the City staff doesn't know how many police vehicles the City owns. Action from Executive Session Motion by Smith, second by Kirby that the Settlement Agreement and Release with Sharp Butane Company, Inc. that was presented to Council in Executive Session last night be approved and that the Mayor be authorized to sign the Settlement Agreement. Approved 7-0. Motion by Smith, second by Carr that the City Attorney and staff be authorized to commence the processes for disposing of certain City -owned land as discussed in Executive Session last night. Approved 7-0. Motion by Smith, second by Kirby that the City Attorney be authorized to make the counteroffer to the owner of Parcels 3 and 14, as discussed last night in Executive Session with regard to the SH29/CR 265 project. Approved 7-0. J Consideration and possible action to approve the minutes of the Council Workshop on Monday, November 22, and the Regular Council Meeting on Tuesday, November 23, 2004 -- Sandra D. Lee, City Secretary K Consideration and possible acceptance of a Grant of $3,600.00 from the Texas Commission on Fire Protection -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief L Consideration and possible action to approve the purchase of one copier from Ikon Office Solutions for $4,599.00 and four copiers from Dahill Industries for $33,466.00 for a total of $38,065.00 through the Texas Local Government Cooperative contract -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration M Consideration and possible action to approve the purchase of one 2005 Ford Excursion complete with equipment for the Fire Department in the amount of $43,197.00 from Philpott Motors through the Texas Local Government Cooperative contract -- Terry Jones, Purchasing Director and Micki Rundell, Director of City Council Meeting Minutes/December 14, 2004 Page 2 of 11 Pages Finance and Administration N Consideration and possible action to approve the purchase of Bioxide chemicals from U.S. Filter/Davis Process Products, of Sarasota, Florida, in an amount not to exceed $45,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager O Consideration and possible action to assign the Agreement for Offsite Utility Construction Cost Sharing between the City and Cottonwood Creek Development, LLC to TP462, Ltd. -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager (pulled by Eason) Motion by Carr, second by Oliver to approve the Consent Agenda with the exception of Item O which was pulled by Eason to the Regular Agenda. Approved 7-0, Legislative Regular Agenda O Consideration and possible action to assign the Agreement for Offsite Utility Construction Cost Sharing between the City and Cottonwood Creek Development, LLC to TP462, Ltd. -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager (pulled by Eason) Dishong explained the agreement. He said the development has been sold and the developer has asked that the Agreement be assigned to the new owner. Motion by Eason, second by Smith to approve the Agreement. Approved 7-0. R Consideration and possible action to approve the Lease and Agreement with the Texas Parks and Recreation Foundation for the 100 -acre donation for Garey Park -- Randy Morrow, Director of Community Services Morrow explained the item and read the conditions of the deed. He thanked Mr. and Mrs. Garey for donating the land and their home to the City upon their deaths. Snell asked for an explanation of the function of the Texas Parks and Recreation Foundation regarding this issue. Morrow explained that the Foundation will "hold" the land in trust for the City to use as a match for grants. Motion by Snell, second by Sansing to approve the Lease and Agreement. Approved 7-0. Mayor Nelon thanked the Gareys again for their donation Speaker, Keith Peshak, said his hangar at the Airport was condemned by the Fire Department because the pulley on the door to his hangar is misaligned. He said the City Manager has refused to replace the defective pulleys in the hangars. He said the hangars that are leased from the City have not been maintained and that is why the pulleys are failing. P Discussion and possible action to approve the proposed revised Williamson County & Cities Health District Cooperative Agreement -- Tom Yantis, Assistant City Manager Yantis introduced Karen Wilson of the Health District who explained the requested changes in the Cooperative Agreement. Wilson gave a brief history of the Health District and explained the revisions to the Agreement. There were questions and comments from the Council. Motion by Snell, second by Kirby to defer action and have the City Attorney review the Cooperative Agreement. Approved 7-0. Q Consideration and possible action to re -appoint Lettie Lee as the City of Georgetown Representative to the Williamson County and Cities Health District -- Mayor Gary Nelon Motion by Oliver, second by Sansing to approve the reappointment. Approved 7-0. R Consideration and possible action to approve the Lease and Agreement with the Texas Parks and Recreation Foundation for the 100 -acre donation for Garey Park -- Randy Morrow, Director of Community Services This item was considered at the beginning of the agenda. S Consideration and possible action to approve a contract with STR in the amount of $781,700 for construction of Lake Georgetown Trail and Rivery Park -- Randy Morrow, Director of Community Services City Council Meeting Minutes/December 14, 2004 Page 3 of 11 Pages Morrow explained the item and expressed his delight that the trail will be completed. He said $700,000 of the total is coming from grants. Motion by Eason, second by Carr to approve the contract with STR. Approved 7-0. Mayor Nelon recognized two Boy Scouts in the audience. T Consideration and possible action to approve the recommendation by the Main Street Advisory Board to expand the Board, as designated in Exhibit A, Chapter 2.69.30 of the City of Georgetown Code of Ordinances, by adding two citizens at large to the current seven members, giving the Main Street Advisory Board a total of nine members -- J. Bryant Boyd, Main Street Advisory Board Chair; Shelly Hargrove, Tourism Director and Main Street Manager; and Randy Morrow, Director of Community Services Boyd asked Council to allow the Board to expand due to the expansion of their scope of duty from the 9 -block Town Square Historic District to the new, larger Downtown Overlay District. Oliver asked and Boyd reviewed the composition and qualifications of the current members. Motion by Eason, second by Smith to approve the expansion. Carls explained that an ordinance will be brought to Council at the next meeting to change the number of members. Approved 7-0, U Consideration and possible action regarding an award of annual bid for landscape maintenance services for unimproved parkland and detention ponds to We Mow It in the amount of $54,270.00 -- Terry Jones, Purchasing Director; Mark Miller, Transportation Services Manager, and Randy Morrow, Director of Community Services Jones explained the item. Eason asked and Jones responded that an arborist is not required for this maintenance. Motion by Sansing, second by Eason to approve the award of bid. Approved 7-0. V Consideration and possible action to approve of the selection of Croslin and Associates, Architects, for design of the Library, Recreation Center, and Fire Station and authorizing staff to negotiate a contract in an amount not to exceed $1,381,193.00 -- Terry Jones, Purchasing Director and Tom Yantis, Assistant City Manager Yantis introduced this item and noted that when Council awarded the preliminary design contract to Croslin and Associates, one of the provisions of that contract was, that upon satisfaction with the first phase, Croslin was guaranteed to be allowed to complete the architectural design of the Library, Recreation Center, and Fire Station. Oliver asked and Yantis said the Community Center will be done with an RFQ, so that local architects can respond. Jones explained the fee structure. He explained that the City will use the Construction Manager -at -Risk delivery method to serve as general contractor. Smith asked and Yantis noted that the architectural fees were capped. Oliver expressed concern regarding doing the design now with the construction later. Yantis said this is being done due to budget constraints. He said the design work for the Recreation Center will not be done now, but closer to the estimated start date for construction, in 2007. Motion by Sansing, second by Eason to approve the selection of Croslin and Associates. Approved 7-0. W Consideration and possible action regarding a resolution expressing official intent to reimburse architectural and engineering costs for the new Library and expansion of the Recreation Center, not to exceed $1,235,723 with proceeds from bonds that will be issued at a later time -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Rundell explained the item. Motion by Smith, second by Carr to approve the resolution. Approved 7-0, X Consideration and possible action regarding a resolution expressing official intent to reimburse the cost of the fire apparatus, not to exceed $500,000 with proceeds from bonds that will be issued at a later time -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Rundell explained the item, saying if the order is placed this year, the City can save $50,000. She said the payment would be made in the next fiscal year. Smith asked Lincoln why the large fire trucks are sent out for every traffic accident. Lincoln said it is more efficient to have the equipment that might be needed already on the scene. Brandenburg said the communication with the County Dispatch is improving and if EMTs are already on the scene, dispatch will notify Fire and send them back to the station. Kirby asked and Lincoln responded that this will be an improvement to the City's ISO Rating. Rundell explained that this was a planned replacement that has been moved forward because of the pricing structure. Motion by Eason, second by Kirby to approve the resolution. Smith said he will cast the dissenting vote because he doesn't City Council Meeting Minutes/December 14, 2004 Page 4 of 11 Pages like large fire equipment going to the scene of traffic accidents. Approved 6-1. (Smith opposed) Y Consideration and possible action regarding approval of the purchase of one (1) Quint Fire Apparatus from Sutphen Corporation in the amount of $499,516.12 -- Terry Jones, Purchasing Director and Anthony Lincoln, Fire Chief Lincoln said this item is the request for permission to purchase the apparatus described in the previous item. Motion by Snell, second by Oliver to approve the purchase. Approved 6-1. (Smith opposed) Rundell said there will be budget amendments coming forward for these last two items. Z Consideration and possible action regarding a resolution opposing any school finance or tax system reforms that would negatively impact City revenues or economic development efforts -- Micki Rundell, Director of Finance and Administration Rundell said there are a number of options regarding the legislative reforms, saying some of them would negatively affect the City's revenues and economic development efforts. Nelon said the Texas Municipal League is hoping cities will pass this resolution. Motion by Eason, second by Sansing to approve the resolution. Carr asked and Rundell suggested some positive ways to fix the school tax system without hurting cities. Sansing suggested that citizens write to their congressmen. Approved 6-1. (Carr opposed) AA Consideration and possible action regarding a resolution to support legislative efforts to remove the four-year sunset provision for future street sales tax elections -- Micki Rundell, Director of Finance and Administration Rundell explained the item, saying the street tax is needed to keep the streets maintained. Motion by Sansing, second by Carr to approve the resolution. Approved 7-0. BB Consideration and possible action to modify Council rules regarding citizen input at City Council Meetings -- Doug Smith, District 3 Councilmember Smith noted that the City Council welcomes citizen input and is allowed to set limits as to the time allowed to -address -the Council:_ He--said-currently-#here-is no limit -as -to -the number-cif-times-that-any-o-ne-individuat -_ - may speak to the Council. He said he would like to modify the current rules regarding public input so that any one person can not speak to the Council more than three times per calendar quarter, without approval from a councilmember or the Mayor. Motion by Smith, second by Carr that the Council rules governing citizen input be modified as follows: a person may address the Council up to three times during any calendar quarter by: (a) submitting to the City Secretary, at a Council Meeting, the Registration Form stating the agenda item to be addressed, or (b) filing a request with the City Secretary by noon of the Wednesday prior to the Tuesday Council Meeting stating the subject to be addressed; and a person may address the Council more than three times in the quarter by, in addition to the requirements of (a) or (b) above, obtaining express approval of the Mayor or any Councilmember for the fourth and subsequent times. Motion by Eason, second by Sansing to amend the motion to limit that one person be able to speak two times at each meeting. She said she thinks there would be a problem keeping records over a quarter, and she said she thinks there could be the suspicion of favoritism. Smith said he envisioned the City Secretary recording the times each person speaks during the quarter. Oliver asked how Smith envisions granting the permission. Smith replied that the City Secretary would note on the sign-up sheet how many times that person has spoken, hand it to the Mayor, and he could ask the Council if they wished to sponsor that person to speak again. Motion by Snell, second by Sansing to amend the motion to limit that one person be able to speak only two times at each meeting, and use the same procedure as outlined by Councilmember Smith if a person wants to speak more than two times. The motion failed for lack of second. There was further Council discussion. Vote on first amendment: Denied 4-3 (Smith, Carr, Kirby, Oliver opposed) Carls asked and Smith restated his original motion. Vote on the original motion: Approved 6-1. (Eason opposed) City Council Meeting Minutes/December 14, 2004 Page 5 of 11 Pages CC Consideration and possible action regarding a Preliminary Plat of 307.85 acres in the 1. Donegan and J. Thompson Surveys, to be known as Shadow Canyon Subdivision, located on SH 29 West, with requested waivers to the Unified Development Code -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Benton explained the item. She said the Planning and Zoning Commission recommended approval of the Preliminary Plat subject to the conditions of the Traffic Impact Analysis; recommended approval of the waiver for a driveway separation along Lazy River Run, provided the lots are reduced from 9 lots to 8 lots; and recommended approval for the driveway separation along Peace Pipe Path. There were questions about connectivity, and Oliver questioned the driveway separation along Lazy River Run. Motion by Snell, second by Oliver to approve the Preliminary Plat with denial of the first waiver regarding Lazy River Run and granting of the second waiver regarding Peace Pipe Path. Applicant, Paul Linehan, representing Harvard Investments, displayed a drawing and explained why the waiver at Lazy River Run was being requested. He said, without the waiver, eight or nine lots would have to share driveways. There were further questions and comments from the Council. Motion Denied (4-3) (Eason, Kirby, Carr and Sansing opposed) Motion by Smith, second by Sansing to approve the preliminary plat and both waivers as recommended by the Planning and Zoning Commission. Approved 5-2 (Snell and Oliver opposed) HH 4. Second Reading of an ordinance Rezoning of 307.85 acres in the Isaac Donegan and Joseph Thompson Surveys, from AG, Agricultural District to: RS, Residential Single-family; MF, Multifamily; and C-3, General Commercial Districts, to be known as Shadow Canyon Subdivision, located at 2651 S.H. 29 — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director, Planning and Development Ray read only the caption of the ordinance on second reading. Motion by Sansing, second by Snell to approve Ordinance 2004-81. Approved 7-0. DD Consideration and possible action regarding a Record Final Plat to be known as a Replat of Rivery, Phase 1, Block B, Lot 5 with a variance to the Subdivision Regulations, located at 700 South IH -35 -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Benton explained the item and noted that the Planning and Zoning Commission recommends approval of the plat and the variance. Motion by Smith, second by Carr to approve the Record Final Plat. Approved 7-0. 7:38 p.m. -- recessed 7:49 p.m. -- resumed EE Consideration and possible action regarding a Public Review Final Plat for 65.036 acres in the Burrell Eaves Survey to be known as the Planned Unit Development of Sun City Georgetown, Assisted Living Center, located on Sun City Boulevard east of Neighborhood Twenty -Six -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development McCollum explained the item, saying the plat complies with City regulations. Motion by Snell, second by Sansing to approve the Public Review Final Plat. Approved 7-0. HH6. Second Reading of an ordinance Rezoning 65.036 acres in the Burrell Eaves Survey from AG, Agriculture district to PUD, Planned Unit Development, to be known as the Planned Unit Development of Sun City Georgetown, Assisted Living Center, located on Sun City Boulevard east of Neighborhood Twenty -Six -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development McCollum noted that the 20 -foot right of way has been addressed and read only the caption of the ordinance on second reading. Motion by Sansing, second by Carr to approve Ordinance 2004-83. Approved 7-0. FF Consideration and possible action to approve a Consent Agreement between the City and Williamson County Municipal Utility District #15 -- Paul Brandenburg, City Manager and Patricia E. Carls, City City Council Meeting Minutes/December 14, 2004 Page 6 of 11 Pages Attorney Brandenburg described MUD #15 and explained the procedure as per the Local Government Code and Texas Water Code. He said the City will receive $750,000 for allowing the MUD to exist in the ETJ, and the City has agreed not to annex any of the District for the next 20 years. He said the developer has agreed to dedicate 2.5 acres for a future fire station site and the police services will be provided by the County. City Attorney Trish Carls clarified language changes as provided on the dais. Carls also asked that the Council's motion include authorization for the Mayor to sign the resolution (Exhibit E) to include the MUD withn the City's ETJ boundaries. Kirby asked and Dishong explained the language in the Agreement regarding "line segments." Motion by Sansing, second by Smith to approve the Consent Agreement with clarification language regarding the line segments. Approved 7-0. Mayor Nelon recused himself for the next item. GG Consideration and possible action to approve a Partial Assignment and Assumption Agreement between Del Webb Texas Limited Partnership, Robert D. Wunsch Trustee, the City of Georgetown, and Chisholm Trail Special Utility District -- Jim Briggs, Assistant City Manager; Micki Rundell, Director of Finance and Administration; and Trish Carls, City Attorney Carls explained the item. She said this agreement is to assign the obligations of Del Webb under this Agreement to the new purchaser of the land, listed as Robert D. Wunsch, Trustee. Motion by Snell, second by Sansing to approve the Assignment Agreement. Approved 7-0. HH 2. Second Reading of an Ordinance to consider a Comprehensive Plan Amendment for 2,331.167 acres in the Fredrick Foy and Lewis P. Dyches Surveys to be known as the Cowan Springs development, located north and west of Sun City Georgetown, to amend the Future Land Use Plan from Residential and Williams Drive Mixed Use to Residential, Office/Retail/Commercial, Mixed Use, and Parks/Open Space and to amend the Intensity Plan from Intensity Levels 1 and 2 to Intensity Levels 3, 4, and 5 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Polasek read only the caption of the ordinance on second reading and explained that the conditions from the first reading have been met. He displayed a map to show the layout of Parmer Lane in relation to this project. Motion by Sansing, second by Carr to approve Ordinance 2004-79. Approved 7-0. 1. Second Reading of an ordinance amending the previous year 2003/04 Annual Operating Plan Element (Budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests, revenue collection rates, grants and project timing -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Rundell explained the item and read only the caption of the ordinance on second reading. Motion by Carr, second by Eason to approve Ordinance 2004-78. Approved 7-0, 2. Second Reading of an Ordinance to consider a Comprehensive Plan Amendment for 2,331.167 acres in the Fredrick Foy and Lewis P. Dyches Surveys to be known as the Cowan Springs development, located north and west of Sun City Georgetown, to amend the Future Land Use Plan from Residential and Williams Drive Mixed Use to Residential, Office/Retail/Commercial, Mixed Use, and Parks/Open Space and to amend the Intensity Plan from Intensity Levels 1 and 2 to Intensity Levels 3, 4, and 5 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development This item was considered earlier in the agenda following Item GG. 3. Second Reading of an ordinance to consider a Comprehensive Plan Amendment to change the Intensity Level from Level 3 to Level 4 for the Williams Addition, Unit 1, Block 1, Lot 9-10 and 0.36 acres in the Nicholas Porter Survey, located at 2201 Williams Drive — David Munk, Development Engineer and Amelia Sondgeroth, Director, Planning and Development. Munk read only the caption of the ordinance on second reading. Motion by Smith, second by Kirby to approve Ordinance 2004-80. Snell said he will vote against this item because "intensity" doesn't have anything to do with the question of "how crowded" this space will be. Eason said she would also oppose for the same reason. Approved 5-2. (Snell and Eason opposed) City Council Meeting Minutes/December 14, 2004 Page 7 of 11 Pages 4. Second Reading of an ordinance Rezoning of 307.85 acres in the Isaac Donegan and Joseph Thompson Surveys, from AG, Agricultural District to: RS, Residential Single-family; MF, Multifamily; and C-3, General Commercial Districts, to be known as Shadow Canyon Subdivision, located at 2651 S.H. 29 — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director, Planning and Development This item was considered earlier in the agenda following Item CC. 5. Second Reading of an ordinance Rezoning of 3.986 acres in the Clement Stubblefield Survey, from RS, Residential Single -Family district to C-3, General Commercial district, located at north of Leander Road just west of IH -35 — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director, Planning and Development Ray read only the caption of the ordinance on second reading. Motion by Smith, second by Carr to approve Ordinance 2004-82. Approved 7-0. 6. Second Reading of an ordinance Rezoning 65.036 acres in the Burrell Eaves Survey from AG, Agriculture district to PUD, Planned Unit Development, to be known as the Planned Unit Development of Sun City Georgetown, Assisted Living Center, located on Sun City Boulevard east of Neighborhood Twenty -Six -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development This item was considered earlier following Item EE, 7. Second Reading of an ordinance amending the City of Georgetown code of Ordinances relating to Chapter 8.04, "Fire Code" to provide for the adoption of the 2003 International Fire Code and make corresponding amendments; repealing Chapter 8.05, "Supplemental Fire Code," including provisions for the phasing in of the application of the 2003 International Fire Code; establishing a tri -annual review period; repealing conflicting ordinances and resolutions; including a severability clause; including a penalty clause; and establishing an effecive date -- David Hall, Director of Inspection Services and Tom Leggitt, Fire Marshal Hall read only the caption of the ordinance on second reading. Motion by Smith, second by Carr to approve Ordinance 2004-84, Approved 7-0. 8. Second Reading of an ordinance repealing the following existing Chapters of the City of Georgetown Code of Ordinances: Chapter 15.05, "Supplemental Building Code;" Chapter 15.09, "Supplemental Mechanical Code;" Chapter 15.10, "Supplemental Gas Code;" Chapter 15.13, "Supplemental Plumbing Code;" Chapter 15.24, "Housing Code;" Chapter 15.32, "Swimming Pool Code;" Chapter 15.38, "unsafe Building Abatement Code;" and Chapter 15.52, "Storm Water Drainage;" including a severability clause; and establishing an effective date -- David Hall, Director of Inspection Services Hall read only the caption of the ordinance on second reading. Motion by Kirby, second by Carr to approve Ordinance 2004-85. Approved 7-0. 9. Second Reading of an ordinance amending Chapter 15.16, of the City of Georgetown Code of Ordinances entitled "Electrical Code," to provide for the adoption of the 2002 National Electrical Code and to make other corresponding amendments relating to electrical licensing registration and electrical installation requirements; including provisions for the phasing in of the application of the 2002 National Electrical Code; establishing a tri -annual review period; repealing conflicting ordinances and resolutions; including a severability clause; including a penalty clause; and establishing an effective date -- David Hall, Director of Inspection Services Hall read only the caption of the ordinance on second reading. Motion by Sansing, second by Carr to approve Ordinance 2004-86. Approved 7-0. 10. Second Reading of an ordinance amending the following Chapters of the City of Georgetown Code of Ordinances to provide for the adoption of the 2003 International Building, Fire, Existing Building, Property Maintenance, Plumbing, Mechanical, and Fuel Gas Codes: Chapter 15.04 "Building City Council Meeting Minutes/December 14, 2004 Page 8 of 11 Pages Code;" Chapter 15.08 "Mechanical Code;" Chapter 15.12 "Plumbing Code;" Chapter 15.20 "Gas Code;" Chapter 15.25 "Existing Building Code;" Renumbering the sections of Chapter 15 to implement these amendments; providing for the phasing in of the application of the 2003 International Building, Fire, Existing Building, Property Maintenance, Plumbing, Mechanical, and Fuel Gas Codes; establishing a tri -annual review period; repealing conflicting ordinances and resolutions; including a severability clause; including a penalty clause; and establishing an effective date -- David Hall, Director of Inspection Services Hall noted that there are no fee increases in this ordinance. He read only the caption of the ordinance on second reading. Motion by Carr, second by Sansing to approve Ordinance 2004-87. Eason clarified that this means that the City will have more authority under the Property Maintenance Code to protect the citizens regarding hazardous conditions that currently exist at rental properties in four districts of the City. Approved 7-0. 11. Second Reading of an ordinance adopting regulations pertaining to the use, handling, transportation, and storage of liquefied petroleum gas; establishing that a violation shall constitute a misdemeanor offense with stated penalties; providng a savings clause; and repealing all ordinances in conflict -- David Hall, Director of Inspection Services Hall pointed out that since the first reading, he has eliminated the prior reference to the standard codes and referenced instead the new International Fire Code and new Life Safety Code. He read only the caption of the ordinance on second reading. Motion by Kirby, second by Carr to approve Ordinance 2004-88. Approved 7-0. 12. Second Reading of an ordinance amending Section 8.04.055 of the Code of Ordinances pertaining to above -ground tanks to revise certain provisions relating to the storage, use, transportation, and handling of liquid hazardous materials; providing a savings clause; and repealing all ordinances in conflict -- David Hall, Director of Inspection Services Hall read only the caption of the ordinance on second reading. Motion by Kirby, second by Smith to approve Ordinance 2004-89. Sansing asked and Leggit answered that above -ground tanks would be allowed outside of the immediate downtown area or fire zone. Approved 7-0. 11 First Readings 1. First Reading of an ordinance providing for the annexation into the City of 5.24 acres in Joseph P. Pulsipher and Clement Stubblefield Survey, located approximately .75 miles west of 1H 35 and north of State Highway 29 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Polasek explained the proposed annexation and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Carr to approve the ordinance on first reading. Approved 7-0. 2. First Reading of on an ordinance providing for the annexation into the City of 5.04 acres in Joseph P. Pulsipher Survey, located approximately 1.1 miles west of IH 35 and north of State Highway 29 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Polasek explained the proposed annexation and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Carr to approve the ordinance on first reading. Approved 7-0. 3. First Reading of an ordinance to consider a Comprehensive Plan Amendment to amend the Intensity Level from Level 3 to Level 4 for 12.20 acres in the William Roberts Survey to be known as Berry Creek, Section Five, Phase 1, Block A, Lot 13, located on SH -195 — David Munk, Development Engineer and Amelia Sondgeroth, Director, Planning and Development Munk explained the proposed intensity change. He noted that the Planning and Zoning Commission had voted to approve, and he read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Kirby, second by Sansing to approve the ordinance on first reading. Approved 6-1. (Snell opposed) City Council Meeting Minutes/December 14, 2004 Page 9 of 11 Pages 4. First Reading of an ordinance to consider a Comprehensive Flan Amendment to amend the Intensity Level from Level 1 to Level 3 for 16.63 acres in the John Sutherland, Daniel Monroe, and A. Williams Surveys to be known as Fountainwood Plaza, located on FM 2338 south of Jim Hogg Road — David Munk, Development Engineer and Amelia Sondgeroth, Director, Planning and Development Munk explained the item and read only the caption of the ordinance 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. Approved 7-0. 5. First Reading of an ordinance ordering a Special Election to be held in conjunction with the General Election of May 7, 2005, to seek voter response to the adoption of a sales and use tax under Section 4A of the Development Corporation Act of 1979, to be used for the promotion and development of new and expanded business enterprises and reduction of the property tax rate, authorizing expenditure of such tax proceeds for purposes authorized by Section 4B of the Act for public park purposes and events, parks and park facilities, and open space improvements and for affordable housing; and contractiing with the Williamson County Elections Administrator to conduct said election -- Farley Snell, Councilmember for District 6 Snell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Snell, second by Eason to approve the ordinance on first reading. Snell noted that the City has been discussing how to use the remaining 1/4 cent sales tax allowed by law. He said this ordinance proposes 1/8 cent for property tax relief and 1/8 cent for new and expanded business; and the law also allows that the 1/8 cent for promotion of new and expanded business may be used for any items under the 4B Act, but those uses have to be individually listed and approved by the voters. He said he has chosen parks and open space improvements and affordable housing. Smith said the City has supported affordable housing by donating to Habitat for Humanity through the Social Services Contract. He asked, if this is adopted by the voters, if the revenue could be donated to Habitat to continue their affordable housing projects. Carls said she would research and determine if that is possible. Oliver asked why Snell is choosing parks and open space improvements and affordable housing. Snell said these areas are Council priorities. He said his choices are not mandates, but a request as to how the funds should be spent. Nelon explained this is being done in a timely manner in order to put this on the ballot in May. Kirby said he appreciates using the funds to help keep property taxes low, and asked to add transportation needs to the list of uses. Motion by Kirby, second by Smith to amend to add transportation as another 4B item on which to spend the funds. There was further discussion. Vote on the amendment: Approved 4-3 (Carr, Sansing and Oliver opposed) Carr asked, and Economic Development Director, Mark Thomas, distributed a handout and explained an Executive Summary of an Economic Impact Analysis of a Quarter -Cent Economic Development Sales Tax. There was discusion. Motion by Carr, second by Sansing to amend the proposal to take out the clause in Proposition 1 "to reduce the property tax rate." Sansing said he doesn't see the value in reducing the property tax by a point or so each year as opposed to using the money to "grow the economy" by enticing businesses to come to Georgetown to help expand the property tax base. There was further discussion. Carls clarified that, under Carr's amendment, the full quarter cent would go toward economic development. Eason spoke in favor of leaving 1/8 cent to lower the property tax rate. There were further comments. Vote on the amendment: Denied 5-2 (Eason, Smith, Kirby, Snell, and Oliver opposed) Vote on motion as amended by Kirby: Approved 7-0. Carls noted that the second reading will be brought back for consideration on February 8 as amended, and a date for the public hearing will be determined. 9:08 p.m. -- Councilmember Sansing asked to be excused from the dais JJ Consideration and possible action to approve a Resolution related to the administration of a corporation created under Section 4A of the Development Corporation Act of 1979 and the use of sales tax funds by the corporation -- Farley Snell, Councilmember for District 6 Motion by Snell, second by Carr that if the propositions pass, the Council would create a 4A Corporation City Council Meeting Minutes/December 14, 2004 Page 10 of 11 Pages and the Board would have five members, three of which would be councilmembers. Oliver asked and Carls explained that this information could be put in the Order of the Election. Vote on the Motion: Approved 7-0, KK Consideration and possible action to approve a resolution regarding the recommendation of the Georgetown City Council supporting Williamson County in opposing the establishment of a groundwater management district -- Jim Briggs, Assistant City Manager for Utility Operations Briggs explained the prescribed process for the establishment of a management district. He said the consumption of groundwater in Georgetown has continued to decline from about 70% to less than 40%, increasing the use of surface supplies. Briggs said the Edwards Aquifer is not a dependable supply of water during drought conditions. He said because of that, there is no need for a management district at this time. Nelon said he heard both presentations and all of the water purveyors in this County chose to oppose the management district. There were further questions and comments. Motion by Oliver, second by Kirby to approve the resolution. Approved 7-0. LL Forwarded from Georgetown Utility System (GUS) Board Consideration and possible action to authorize the execution of an agreement with LCRA, BRA, Liberty Hill, and Chisholm Trail SUD regarding the provision of wastewater services and service territory boundaries -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations This item was pulled from consideration. MM Consideration and possible action to approve the appointment of a Council Subcommittee to review applications for the 2005 City of Georgetown Boards and Commissions and recommend members for Council consideration in January, 2005 -- Mayor Gary Nelon Mayor recommended that the Council Subcommittee be composed of Smith, Carr and Oliver along with himself. Motion by Snell, second by Eason to approve the appointments. Approved 7-0. The meeting was adjourned at 09:25 PM. A oved Mayor Oary Nelon City Council Meeting Minutes/December 14, 2004 Page 11 of 11 Pages Attest: ; ,) Oil # � City Secretary Sandra Lee STATE OF TERAS ) I = am a member of the c i 7 committee or commission)of 1RYYµ11�',. LUIY E the first or Agenda r°em No. H 0 - shares of the business entity, CONFLICT OF INTEREST AFFIDAVIT } reside at 50 JY �2 C; I/L kle` t Z, (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. value of $2,500 or 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, 1�10ther" €" For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason} i %r t ' r r r r i r2 64IS "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 agenda item whatsoever. Further, Affiant sayeth not." Affiant's Printed T i'l 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. ty SWORN TO AND SUBSCRIBED SANDRA NDR . LEE c e i VKL?II t Stateof {ei4fiMa JAN LIARY 3, 2006 4irraianaritci this IVk1kday of Notary Public in and for the County of Williamson of Texas 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 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present: lCouncil Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry 1AII Council present Carr, John Kirby, Farley Snell, Ben Oliver 11 �[; StafP Present% Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager; Patricia Carls, City Attorney; Sandra Lee, City Secretary; Amelia Sondgeroth, Director of T Community Services, Glenn Dishong, Water Services Manager, Anthony Lincoln, Fire Chief; Mark, Keith 11 Hutchinson, Public Information Officer Called to order at 04:00 PM A Branding Initiative Update -- Tom Yantis, Assistant City Manager Yantis said the project is ahead of schedule. He noted that three community visioning sessions have been held where the participants were asked to describe ideal attributes of Georgetown; those attributes were given to the Task Force, who established core attributes and turned that over to GX Creative who worked on the brand concepts. He said GX Creative presented several different options to the Task Force in three meetings, and as of Friday week, the brand was chosen. He said the official unveiling will take place on January 4 at a press conference, and the brand will be incorporated into all new City advertising and stationery, saying the brand will be a logo and tag line. B Review of issues related to an election to authorize the collection of additional sales and use taxes under Section 4A of the Development Corporation Act of 1979, and other matters related to the functioning of 4A Corporations -- Paul Brandenburg, City Manager Brandenburge noted that there have been previous discussions at workshops regarding economic development and property tax relief, but it was decided to wait until after the September 11 Proposition 13 Election and the November 2 Election on bonds before continuing the discussions. Snell described the proposed structure of 1/8 cent to new and expanded businesses and 1/8 cent for property tax relief. He said there would be two additional propositions on the ballot so that if the first proposition passes, the 1/8 cent for new and expanded businesses could also be used for two other categories: parks and affordable housing. He said there is also a resolution that will serve as a contract with voters as to the structure of the 4A Corporation to be composed of three councilmembers and two citizens at large. Snell said the process for developing project lists would require the 4A Board to consider industry, commercial (including redevelopment), and other items. There was discussion regarding the identification of the categories for which the 4B would be limited. It was determined that the categories include everything allowed with a 4A plus the two 4B categories. It was noted that the Board would come before the Council for approval of proposed projects. Carr asked about the handout regarding possible City Council Meeting Minutes/December 13, 2004 Page 1 of 2 Pages ballot language. Snell noted that he is proposing Options 3 and 5 on the handout. It was pointed out that Council could choose other options. Snell said each year the Board would send a "package of projects" to Council for approval that year. There was further discussion. Carls noted that if a 413 item is chosen, there would need to be a public hearing held at least 30 days prior to the election. She noted that the second reading of the ordinance will be held at the February 8 Council Meeting, saying elections cannot be ordered sooner than 90 days before the election. There were further questions and comments from the Council. Brandenburg explained the proposed option to authorize a 0.125 cent sales tax to be dedicated to property tax relief. Carr asked for examples of ratios to discuss at tomorrow's Council meeting. C Newland Properties/MUD #15 Agreement -- Paul Brandenburg, City Manager Carls gave the highlights of the Consent Agreement to be considered at the Council Meeting on December 14. She said the MUD is smaller than the size of the area to be developed, and the City will povide the utility services except for electric. She reviewed the major elements of the Agreement. She said the developer has agreed to provide land for a fire station, but the City will not provide police services. There were further questions and comments from the Council. Carls noted that there is an item on the Council Agenda on Tuesday for their consideration regarding the Consent Agreement. 4:48 p.m. -- recessed into Executive Session Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernons Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. D Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline E.O. Sharp Butane Co., Inc. v. City of Georgetown, Texas, Cause No. A -04 -CA -299 -SS, in the United States District Court, Western District of Texas, Austin Division - Legal issues related to proposed MUD #15 - Legal Advice Regarding Agenda Items and other Matters E Sec.551.072 Deliberation on Real Property - Discussion and possible action concerning the disposition of approximately 0.047 ac. of city -owned property at the NE corner of South Austin Avenue and Leander Rd. - Discussion and possible action regarding the disposition of certain city -owned real property. - Discussion and possible action concerning the purchase of right-of-way and easements for improvements to SH 29 West and CR 265 - Discussion and possible action regarding acquisition of property for downtown parking F 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 6:20 p.m. -- Returned to Open Session and Adjourned The meeting was adjourned at 06:20 PM. City Council Meeting Minutes/December 13, 2004 Page 2 of 2 Pages Attest: ity Secretary Sandra Lee I am a member of the committee or commission)of Meeting Date » e J ' 6$ Agenda-T'�tn No. CONFLICT OF INTEREST AFFIDAVIT reside at �t �s' l `c r'i d, t. € 4iA)ee r & (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. property with a fair 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. property with a fair 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. "Other" For reasons other than those -listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason) ' 7j A�r 7/Eya,/S "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 agenda item whatsoever. Further, Affiant sayeth not." Affiant's Printed N 0 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. r 4 SWORN TO AND SUBSCRIBED before me on this day of ' s 1;200 SANDRADA WoLary puft stm ,Oras Notary Public in and for the State of Texas �t�� pp RYr� 81 20 County of Williamson ?�+5���i Y &7j �00 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 Conflict of Interest Affidavit Rev. 8/25/2004