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HomeMy WebLinkAboutMIN 07.13.2004 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: I1 Council Absent: Patty Eason, Gabe Sansing, Henry Carr, John Doug Smith Kirby, Farley Snell, Ben Oliver Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Trish Carls, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Anthony Lincoln, Fire Chief; Amelia Sondgeroth, Director of Planning and Development; Terry Jones, Purchasing Director; Glenn Dishong, Water Services Manager; Mark Miller, Transportation Services Manager; Mike Mayben, Energy Services Manager Policy Development/Review Workshop Called to order at 5:00 p.m. A Presentation and discussion regarding a 4A sales tax initiative for the City of Georgetown -- Mark Thomas, Economic Development Director Nelon noted that this workshop was requested by the Council on April 27, 2004. Rundell gave a presentation on sales tax, saying $0.0625 goes to state, and the city receives $0.01, the Georgetown Transportation Enhancement Corporation (GTEC) receives $0.005, with $0.0025 to street maintenance with a sunset provision in 2006. She noted that $0.0025 is currently available and not being collected at this time. Thomas introduced Jeff Moore of Brown & Hofmeister, consultants to the State for training regarding 4A sales tax, and George Gomez, new member of the City Economic Development staff. With a slide presentation, Moore reviewed 4A sales tax, generally, and gave examples of how it has been used by other cities. He provided a handout and a slide presentation to define "project" for Sections 4A and 4B, as amended by Texas House Bill 2912, effective June 20, 2003. There were questions from the Council. The Workshop concluded at 5:50 p.m. Executive Session was posted to convene if necessary, but no Executive Session was held at this meeting. City Council Meeting Minutes/July 13, 2004 Page 1 of 8 Pages E Call to Order The meeting was called to order at 6:07 p.m. F Pledge of Allegiance Mayor Nelon led the Pledge. G Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief overview of meeting procedures. H Announcements and Comments from City Manager Brandenburg announced: The Brazos River Authority will conduct a Stakeholder Forum on Tuesday, July 20, at Lake Georgetown. He asked the Council to contact Shirley if they wish to attend. Reminder about ethics training for Councilmembers at a special meeting on Wednesday, July 21, at 5:00 p.m. in the Council Chamber, along with information for board/commission/committee members who are encouraged to attend. Public Wishing to Address Council - Keith Peshak regarding City law enforcement matters Peshak was not in attendance. - Marcell Ellison regarding renewal of the closed contract for roll -offs on construction sites. Ellison noted that when a contractor negotiates a bid, they bid to have the site clean and safe, and even on city projects they should be able to use the company of their choice. She said TDS can charge more because they are the only vendor. She said surrounding school districts are paying less for their sanitation collections than GISD pays. - Michael Schwartz regarding renewal of the closed contract for roll -offs on construction sites. Schwartz said it would be in the City's best interest to allow open contracts for disposal within the city limits and put out a new RFP for only residential, curbside service. He said currently, commercial waste is subsidizing residential waste. He gave statistics that the rates in Georgetown are higher than in other communities. He urged the Council to open the competition. Sansing asked and Schwartz responded that both speakers are with Sentinel Waste. J Action from Executive Session on Monday, July 12, 2004 Motion by Snell, second by Sansing to authorize the City's lawyers to respond to the counter offers received from landowners affected by the purchase of right of way and easements for improvement of State Highway 29 and County Road 265 in a manner consistent with the direction that Council gave to its lawyers last night at executive session. Approved 5-0. (Oliver abstained, Smith absent) K Consideration and possible action to approve the minutes of the Regular City Council Meeting of Tuesday, June 22, 2004 -- Sandra Lee, City Secretary L Consideration and possible action to accept a 2004 State Homeland Security Law Enforcement Terrorism Prevention Program grant in the amount of $10,823.30 from the Texas Engineering Extension Service for purposes of law enforcement preparation and response to Homeland Security issues and situations -- Roland Waits, Police Captain - Field Operations and David Morgan, Police Chief M Consideration and possible action to accept a 2004 State Homeland Security Program grant in the amount of $34,930.00 from the Texas Engineering Extension Service for purposes of Homeland Security preparedness and response -- Roland Waits, Police Captain - Field Operations and David Morgan, Police Chief N Consideration and possible action to approve the Amended and Restated Bylaws of the Georgetown Transportation Enhancement Corporation (GTEC) -- Micki Rundell, Director of Finance and Administration City Council Meeting Minutes/July 13, 2004 Page 2 of 8 Pages O Consideration and possible action to approve an award of the annual bid for office supplies to Corporate Express in the estimated amount of $32,619.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Eason asked about the location of Corporate Express. Rundell said bids are solicited from local vendors and a 5% advantage is given to them, but Corporate Express was able to provide the lowest bid. P Consideration and possible action to approve the purchase of Electric System Mapping Software from Utility Sciences Corporation, an Autodesk OEM Partner in the amount of $32,950 -- Michel W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Q Consideration and possible action to approve an amendment to the Municipal Wastewater Treatment Plant Operations, Maintenance, and Management Services Contract between the City of Georgetown and the Brazos River Authority (BRA) for wastewater pumping services for Cimarron Hills Wastewater Treatment Plant through the end of Fiscal Year 2004 in the amount of $24,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations R Consideration and possible action to amend the General Services Agreement between the City of Georgetown and Roming, Parker, and Kasberg (RPK) for engineering services related to the design of the North Austin Avenue Water Line Improvements for $22,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Motion by Carr, second by Kirby to approve the Consent Agenda in its entirety. Approved 6-0. (Smith absent) S Consideration and possible action to approve a contract with Williamson County in the amount of $60,000 for rural fire protection service -- Anthony Lincoln, Fire Chief Lincoln explained the item and offered to answer any questions. Nelon asked and Brandenburg explained the history of the rural fire protection contract. He noted that the calls have increased but the cost has remained the same. He said the cost is based on square footage rather than on the number of calls handled outside the city limits. He explained the options, including future pursuit of an Emergency Service District (ESD) and potential leases to Williamson County Emergency Services for the space they occupy at the fire stations. He said, based on the number of calls, the City should be receiving $400,000 rather than $60,000. Brandenburg suggested that this year remain the same, but to take an aggressive look at financing the fire department in the future. Carr pointed out that the $60,000 was due at the beginning of the current fiscal year. Carr asked and Lincoln gave statistics on the number of times other departments have assisted Georgetown. It was pointed out that mutual aid agreements could be negotiated with other cities in the County rather than through the interlocal agreement with Williamson County. Snell asked and Lincoln explained that an ESD is a taxing entity with a board to oversee a rural contract with a fire department, not necessarily Georgetown, but it would be beneficial for the board to contract with Georgetown because Georgetown has a good ISO rating. Brandenburg suggested adding language to the agreement regarding charging rent to Emergency Services. Motion by Snell, second by Kirby to approve the contract and add language regarding charging rent to the County at Fire Stations 3 and 4. Approved 6-0. (Smith absent) T Consideration and possible action on an award of bid in the amount of $699,000.00 to Royal Vista Construction for the construction of the Animal Shelter -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Jones explained the project. There were questions. Sansing asked that the item go before the Animal Shelter Board before it comes to the Council for consideration. He also said he would like to see the project re -bid. He said he thinks the price is 'but of line." It was determined that the contract price is good until August 8. Carr asked and Ken Finn explained the current status of the shelter, saying the biggest issue is that the kennels are currently completely outdoors. Brandenburg noted that there are a number of animals that have to be destroyed due to lack of space. Carr asked about construction during the winter. Yantis said that was a driving force, to be able to bring the animals indoors before winter. Carr said he agreed with Sansing to involve the Board and take a better look at the project. Yantis said he is concerned that re -bidding it will cause the price to go higher and come in over the budget. Motion by Snell, second by Eason to approve the contract. Oliver asked and was told there is room to add more kennels at a later City Council Meeting Minutes/July 13, 2004 Page 3 of 8 Pages date. Approved 5-1. (Sansing opposed, Smth absent) U Consideration and possible action to approve an amendment to the City's Wholesale Power Agreement with the Lower Colorado River Authority (LCRA) -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item, saying this amendment is required annually. Motion by Kirby, second by Carr to approve the agreement. Approved 6-0. (Smith absent) V Item forwarded by Georgetown Utility System Advisory Board Consideration and possible action to enter into an agreement for offsite utility construction cost sharing between the City and Cottonwood Creek Development, LLC at a total cost of $463,440.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations With a slide presentation, Dishong gave an overview of the improvements included in the agreement, and explained that this is the Pinnacle Development. He said this is the first time to use the cost sharing agreement for line extensions since adoption of the Unified Development Code. He noted that the developer has certain line size requirements, but the City requires that the lines be larger for future developments. Dishong noted that the Georgetown Utility System Board (GUS) recommends approval with a difference in the caluclation of the line sizes required. Kirby asked and Dishong said the City could require the developer to build to the current Master Plan, but the line sizes would not be the additional size to be needed by the City. Kirby asked and Dishong explained that there is some risk, but the Master Plan shows the infrastructure to be built by the City to handle the TerraVista Development and other areas to be built in the future. Motion by Sansing, second by Eason to approve the agreement. Kirby said he will vote for this cost sharing, but he still believes that development must pay its own way, and suggested that in the future, the Master Plan be revised to ensure that developers pay for this type of future infrastructure. Approved 6-0. (Smith absent) W Consideration and possible action on an Interlocal Agreement with Williamson County to implement Local Government Code Chapter 242 providing for regulation of subdivision plats in ETJ (HB 1445) -- Amelia Sondgeroth, Director of Planning and Development Services and Trish Carls, City Attorney Sondgeroth explained the agreement, saying the plats would be governed under the Unified Development Code, and the City Planning Office would be the shop for approval. She said the County Commissioners Court approved unanimously. Motion by Snell, second by Oliver to approve the agreement. Approved 6-0. (Smith absent) X Consideration and possible action to approve the selection of GX Creative Communications to develop a new City of Georgetown brand and to authorize staff to negotiate and execute a contract in an amount not to exceed $44,000 -- Tom Yantis, Assistant City Manager Yantis explained that the brand will be used in marketing efforts and economic development. He said the $44,000 is to cover the cost of creating the brand, and "rolling out" the brand will come from individual department budgets in the future. He said a Committee has been formed of staff and members of the Main Street Advisory Board and the Economic Development Commission. He said proposals were received and three businesses were interviewed. He introduced Chris Damon of GX Creative Communications who explained the process to be used to create the brand. He said there will be focus groups made up of members of the community to collect and provide input and the hope is to have the process complete by the new year. Motion by Sansing, second by Eason to approve the contract. Snell asked and Yantis noted that the Council will be kept aware of the progress of the process. Carr asked if Damon could explain what is wrong with our current "brand." Damon said currently others decide "who we are." Approved 6-0. (Smith absent) Y Consideration and possible action to amend Resolution 060804-N, calling a Special Election on Proposition 13 on September 11, 2004, to allow approval of the officials for said election and to revise the ballot language -- Sandra D. Lee, City Secretary and Trish Carls, City Attorney Carls explained the amendments represented by this resolution. Motion by Carr, second by Sansing to approve. Approved 6-0. (Smith absent) Sansing asked that there be another polling place on the east side of town and an early voting location in Sun City. Z Consideration and possible action on a Public Review Final Plat of 21.86 acres out of the J. Sutherland City Council Meeting Minutes/July 13, 2004 Page 4 of 8 Pages Survey, to be known as Estates of Westlake, Phase 2, located along Whispering Spring Lane, with variances to the Subdivision Regulations — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Benton explained the item, saying the developer is requesting a change in right of way width from 60 to 50 feet, consistent with previous approvals, and a lower minimum lot width on specific lots due to karst features. She noted that the Planning and Zoning Commission has approved. Motion by Sansing, second by Carr to approve the Public Review Final Plat. Approved 6-0. (Smith absent) AA Consideration and possible action on a resolution setting public hearing dates for the ordinance annexing into the City 16.2540 acres, more of less, out of the Leroy B. Lord Survey, more particularly described as Georgetown Village Section 5 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Polasek noted that several years ago this area was annexed without the formal public hearing process. He said this would be involuntary annexation, but is exempted from the annexation plan process because there are less than 100 tracts in the area. He said no tax bills have been sent to the homeowners in this area. Motion by Snell, second by Oliver to approve. Approved 6-0. (Smith absent) AI= 1. Second Reading of an ordinance amending Section 6.16.070(A)(3) of the Code of Ordinances of the City of Georgetown pertaining to the denial of peddler and solicitor permits for applicants convicted of certain offenses -- Captain Robert Hernandez, Police Support Services and Trish Carls, City Attorney Carls explained the item and read only the caption of the ordinance on second reading. Motion by Carr, second by Oliver to approve Ordinance No. 200440. Approved 6-0. (Smith absent) 2. Second Reading of an ordinance amending Section 2.36.020 of the Code of Ordinances, pertaining to the qualifications for board, commission, and committee members, to add provisions prohibiting service on more than one permanent board, committee or commission, and making city employees ineligible for service as board, committee or commission members -- Trish Carls, City Attorney Carls read only the caption and asked Council to make sure the language she added captures the change requested by the Council on first reading. Snell said he isn't sure the language exactly covers his intent. He asked that the word "on" in the phrase "on another board" be changed to "from" another board. Motion by Snell, second by Kirby to approve Ordinance 200441 with the change in language. Approved 6-0. (Smith absent) CC Public Hearings/First Readinas 1. First Reading for a Century Plan Amendment from Intensity Level 1 to Intensity Level 3 and 4 for 1,022.66 acres situated in the J. Thompson Survey, known as the Weir Tract, located on RR 2243, approximately 2 miles west of IH 35, and to amend the Future Land Use Plan from Mining, Office/Retail/Commercial, and Residential to Office/Retail/Commercial, Mixed Use, Office/Service, Residential, and Parks/Open Space — Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Planning and Development Polasek explained the item, saying the owners of the Weir Tract note there is a need to address all the competing interests adjacent to the Weir Tract to be consistent with the overall Transportation Plan and Master Plan, saying the mining activities will cease within seven or eight years. He said the City staff recommends approval. Paul Linehan of Land Strategies, representing the owners of the Weir Tract, demonstrated with a slide the issues to be considered regarding future roadways and park systems. Speaker, James Bryant Boyd, resident of River View Estates, a representative of River View Homeowners Association, said the residents are happy about the proposed development and are only concerned about one small area to the southeast of the development. He asked that a mixed use area be allowed as a buffer. City Council Meeting Minutes/July 13, 2004 Page 5 of 8 Pages Speaker, Fran Bongiovanni, added the residents think the plans look great, but the commercial portion will effect her home, and she asked the Council to approve the buffer of a greenbelt or parkway to protect those seven houses. Polasek said the buffer is 50 to 80 feet from the pipeline and there would be a required setback of a minimum of 25 feet of vegetative Hearing was opened buffer between residential and commercial. Speaker, Jack Abraham, yielded his time to Bryant Boyd. Boyd said he realizes there are buffers and setbacks, but those are not delineated on the plan at this time. He said he wants to make it known that they want to maintain a buffer zone between commercial and residential. Linehan said he has no problem putting a 100 -foot mixed-use buffer along the edge. Sansing commended Linehan for his forward thinking. Eason said she also favors the buffer. Polasek explained the way to accomplish the buffer. He said the ordinance will require a change in the exhibit to show the mixed-use buffer. 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 with the change in the exhibit to show the mixed-use buffer. Approved 6-0. (Smith absent) 2. Public Hearing on a Rezoning of Lots 1, 2, 3, 4, 5, 6, 7, and 8 within Block 2 of the City of Georgetown Tract, from RS, Residential Single-family District to C-2, Downtown Commercial District, located between Austin Avenue and Main Street, north of 2nd Street — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray explained the requested rezoning. He said to date no written comments have been received. The public hearing was opened at 7:57 p.m. There were no comments. The public hearing was closed at 7:57 p.m. 3. First Reading of an Ordinance to consider Rezoning of Lots 1, 2, 3, 4, 5, 6, 7, and 8 within Block 2 of the City of Georgetown Tract, from RS, Residential Single-family District to C-2, Downtown Commercial District, located between Austin Avenue and Main Street, north of 2nd Street — 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 Oliver to approve the ordinance on first reading. Approved 6-0. (Smith absent) 4. Public Hearing on a Rezoning of Lots 5, 61 7, and 8 within Block 43 of the City of Georgetown Tract, from RS, Residential Single-family District, to C-2 Downtown Commercial District, located on the east side of Martin Luther King, Jr. Street between 7th and 8th Streets — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray explained the requested rezoning. He said one written comment was received and was provided in the agenda packet. The Public Hearing was opened at 7:59 p.m. Speaker, Ercel Brashear, representing Williamson County, asked for Council's approval. The public hearing was closed at 8:00 p.m. 5. First Reading of an Ordinance to consider Rezoning Lots 5, 6, 7 and 8 within Block 43 of the City of Georgetown Tract, from RS, Residential Single-family District, to C-2 Downtown Commercial District, located on the east side of Martin Luther King, Jr. Street between 7th and 8th Streets — 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 satisifed the requirements of the City Charter. Motion by Kirby, second by Carr to approve on first reading. Approved 6-0. (Smith absent) 6. Public Hearing on a Rezoning from A, Agriculture to Planned Unit Development (PUD), for a total of 21.597 acres, out of the Burrell Eaves Survey, to be known as Sun City Georgetown, City Council Meeting Minutes/July 13, 2004 Page 6 of 8 Pages Neighborhood Twenty -Four 132, located, north of Texas Drive — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development McCollum explained the requested rezoning. She noted that the staff has received four letters in support of the rezoning and the Planning and Zoning Commission recommends approval. The Public Hearing was opened at 8:02 p.m. There were no comments. The Public Hearing was closed at 8:02 p.m. 7. First Reading of an Ordinance to consider Rezoning from A, Agriculture to Planned Unit Development (PUD), for a total of 21.597 acres, out of the Burrell Eaves Survey, to be known as Sun City Georgetown, Neighborhood Twenty -Four 132, located, north of Texas Drive — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development McCollum read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Carr, second by Eason to approve on first reading. Approved 6-0. (Smith absent) 8. Public Hearing on an ordinance levying assessments for the cost of certain improvements to be provided in the Wolf Ranch Public Improvement District No. 1; fixing charges and liens in the property in the district and against the owners thereof; providing for the collection of the assessment; and providing for an effective date -- Micki Rundell, Director of Finance and Administration and Trish Carls, City Attorney Rundell explained the item. The Public Hearing was opened at 8:04 p.m. There were no comments. The Public Hearing was closed at 8:04 p.m. 9. First reading of an ordinance levying assessments for the cost of certain improvements to be provided in the Wolf Ranch Public Improvement District No. 1; fixing charges and liens in the property in the district and against the owners thereof; providing for the collection of the assessment; and providing for an effective date -- Micki Rundell, Director of Finance and Administration and Trish Carls, City Attorney Rundell read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Eason, second by Carr to approve the ordinance on first reading. Approved 6-0. (Smith absent) DD Appointments 1. Consideration and possible action to approve the appointment of Councilmember Ben Oliver to the City Council Social Services Subcommittee to replace former Councilmember Jack Noble -- Mayor Gary Nelon Nelon explained the item. Motion by Carr, second by Sansing to approve the appointment. Approved 6-0. (Smith absent) 2. Consideration and possible action to approve the appointment of Planning and Zoning Commission Alternate, Brian Ortego, to full membership to fill the vacancy created by the resignation of Chris Aadnesen, and to approve the appointment of Don Padfield as an Alternate to the Planning and Zoning Commission to fill the vacancy created by the elevation to full service of Alternate, Brian Ortego -- Mayor Gary Nelon Nelon explained the item. Motion by Snell, second by Eason to approve the appointments. Sansing said he cannot support the appointments. Approved 5-1. (Sassing opposed/Smith absent) 3. Consideration and possible action to approve the appointment of Ricki Salazar to the Georgetown Transportation Enhancement Corporation to fill the vacancy created by the resignation of Mary Louise Poquette -- Mayor Gary Nelon Nelon explained the item. Motion by Carr, second by Sansing to approve the appointment. Approved 6-0. (Smith absent) City Council Meeting Minutes/July 13, 2004 Page 7 of 8 Pages 4. Consideration and possible action to approve the appointment of Sandra Johnston to the Animal Shelter Advisory Board to fill the vacancy created by the resignation of Joan Stanley -- Mayor Gary Nelon Nelon explained the item. Motion by Sansing, second by Carr to approve the appointment. Approved 6-0. (Smith absent) The meeting was adjourned at 08:08 PM. City Council Meeting Minutes/July 13, 2004 Page 8 of 8 Pages Attest: , City Secretary Sandra Lee