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