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HomeMy WebLinkAboutMIN 02.24.2004 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, Jack I All Council Present ii Noble, John Kirby, Farley Snell, Mark Ramsey _ u Staff Present: 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, i Director of Finance and Administration; Amelia Sondgeroth, Director of Planning and Development Services; Mark Thomas, Economic Development Director; Carla Benton, Development Planner; Glenn Dishong, Water Services Manager; Bobby Ray, Chief Current Planner; Melissa McCollum, Development Planner i'• •r, '� • a• There was no Workshop held at this meeting. A Special Appreciation Reception for outgoing members of Boards and Commissions was held at 5:00 p.m. in the Lobby of the Council Chamber/Court Building Regular Session to convene and continue Executive Session, if necessary A Sec.551.071 consultation with attorney - Pending Litigation - Legal Advice Regarding Agenda Items and other Matters B Sec.551.072 deliberation on real property - Discussion and possible action regarding acquisition of property for downtown parking and city facilities C Sec.551.087 Economic Development - Discussion and possible action regarding economic development incentives for a mixed use project at the intersection of Austin Ave. and 2nd St. 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 regarding the following items: City Council Meeting Minutes/February 24, 2004 Page 1 of 11 Pages - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. - Recognition of the outgoing members of the City Council -appointed Boards and Commissions. Mayor Nelon expressed the City's gratitude for the service of the volunteers over the last two years and called out the names of the outgoing members of each of the Council -appointed boards and commissions. G Announcements and Comments from City Manager Brandenburg announced: There will be a Ground Breaking for the TASUS Corporation on Thursday, March 18, at 10:00 a.m. New Visitors Guides have been produced and are available in the Visitors Center, local hotels, and throughout the state. H Public Wishing to Address Council - Todd Mantz regarding a letter he received from the City concerning wastewater service to his property. Mantz was not at the Council Meeting. Randall Deavers regarding Sedro Trail related to the issues of water service, connectivity, and signalization. Deavers told Council he lives in Chapparro Estates, between Sun City and Shell Road. He said his subdivision was there before Sun City. He said when Sun City came in 1995, the Council, at that time, blocked future road connectivity to his subdivision and now they have one way in and one way out onto Williams Drive. He noted that TXDOT is about to widen Williams Drive to five lanes, and he said he wants a secondary route. He acknowledged that Sedro Trial is a county road, but he said the County told him that the City blocked any future connectivity, and therefore it is a City problem. He also complained about the water service being provided by Chisholm Trail Special Utility District. Consideration and possible action to approve the minutes of the Council Workshop on Monday, February 9, and the Regular City Council Meeting of Tuesday, February 10 -- Shirley Rinn, Deputy City Secretary J Consideration and possible action to accept the report of the independent audit of all accounts of the City and the report to management for the fiscal year ended September 30, 2003 -- Laurie Brewer, Comptroller and Micki Rundell, Director of Finance and Administration K Consideration and possible action to accept of the City's Quarterly Financial Report, which includes the Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended December 31, 2003 -- Laurie Brewer, Comptroller and Micki Rundell, Director of Finance and Administration L Consideration and possible action regarding approval of the payment to Williamson County for the City's portion of the annual maintenance and operation of the 800 Mhz radio system for fiscal year 03/04 in the amount of $32,739.18 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance & Administration M Consideration and possible action to approve an amendment to the contract between the City of Georgetown and Roming, Parker and Kasberg, L.L.P. for engineering services related to street rehabilitation projects in the amount of $28,500.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations N Consideration and possible action regarding to approve the purchase of a brush chipper from Vermeer Equipment of Texas through the Texas Local Government Cooperative contract in the amount of $27,060.00 --Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration O Consideration and possible action to approve an award of bid for a cab and chassis with chipper body City Council Meeting Minutes/February 24, 2004 Page 2 of 11 Pages to Philpott Motors in the amount of $39,962.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration P Consideration of a resolution granting a petition and setting public hearing dates for the annexation into the City for 3.11 acres, more or less, in the Joseph P. Pulsifer Survey, located at the 1310 Country Club Road -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director Planning and Development Services Q Consideration of a resolution granting a petition and setting public hearing dates for the annexation into the City for 9.01 acres, more of less, in the John Powell Survey, which are Lots 1 and 2, Kelley Trust Phase 4-A -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director Planning and Development Services R Consideration of a resolution granting a petition and setting public hearing dates for the annexation into the City for 30.42 acres, more or less, in the Burrell Eaves Survey, north of Texas Drive, for Sun City Neighborhoods 24B-2 and 60 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director Planning and Development Services Motion by Snell, second by Noble to approve the Consent Agenda in its entirety. Approved 7-0. S Consideration and possible action to include a Teen Center as a part of the November 2004 bond election for City Facilities -- Tom Yantis, Assistant City Manager Yantis explained that the request for a teen center is the result of the work of a task force appointed by the Council on June 24, 2004. He said the members of the Task Force would like to ask the Council to consider a teen center proposal as part of the proposed bond election. He thanked the members of the Youth Action Council. Speaker, Dave Murray, a juvenile probabtion officer for Williamson County told Council he has some good news and some bad news. He said the good news is that the County has completed a brand new juvenile justice facility with 48 beds. He said that is also the bad news. He said it is more space than is needed right now, but it will be used. He spoke of the need for a facility and activities for teens in Georgetown. Speaker, Tim Joslin, member of the Georgetown Project Youth Action Council, asked Council to add a teen center to the bond proposal. He said his peers make bad decisions because of their environment, saying a teen center would be a safe environment. Speaker, Jennifer Daleidan, a member of the Youth Action Council and the City of Georgetown Youth Advisory Board, told Council there are currently 4,000 teens in Georgetown. She said there is more need now than ever before for a teen center. Speaker, Bee Counts, told Council that the Teen Center needs to be "youth friendly," with children involved, and allowing diverse activities. She said it needs to be accessible, fun, and chaparoned by adults who are accustomed to being around youth. Speaker, John Nehme, asked that Council take a proactive rather than reactive stance for the teens. He expressed the need for a safe and controlled environment. He reminded Council that the youth are the future for Georgetown and need to be ready to lead their community. He asked all to stand who had come in support of the Teen Center. More than half of the audience stood. Speaker, Rob Bacchus, told Council he has lived in Georgetown for 20 years, and he feels strongly that the Council needs to make sure that the teens have a place to go to develop leadership skills, and not get into trouble because they're just "tagging along." Yantis said it would be necessary to have the architect program this into the pians for the Recreation Center, working in coordination with the Task Force. He said it will be brought back to Council as a conceptual design to go forward as a portion of the bond issue. Motion by Sansing, second by Kirby to direct staff to ask Croslin and Associates to include the Teen Center in the feasibility study for the bond issue. City Council Meeting Minutes/February 24, 2004 Page 3 of 11 Pages Mark Ramsey commended Barbara Pearce for coordinating the effort. Approved 7-0. T Second Readings 1. Second Reading of an ordinance amending Section 4.16.010 of the City of Georgetown Code of Ordinances relating to the amount of the residence homestead tax exemption for persons age 65 or older; adopting a new Section 4.16.060 relating to establishment of a residence homestead tax exemption for disabled persons; and adopting a new Section 4.16.070 establishing a sunset provision -- Micki Rundell, Director of Finance and Administration, Patricia E. Carls, City Attorney; and Paul Brandenburg, City Manager Rundell read only the caption on second reading. Noble and Snell asked and Rundell clarified the change in the calculations from the first model. Noble asked how much revenue each scenario would take away from the City in the first year. Rundell responded that the value of the property to be exempted is $77,955,750 and thatequates to $160,000 on the $10/$20 scenario. Speaker, Jack Stroobandt, said he has spoken with many seniors in Georgetown, not just in Sun City. He said they want the security of knowing what their taxes will be each year. He said Proposition 13 would have saved them more money than an exemption. He said they were also concerned that a future council could change the exemption, but Proposition 13 could not be undone. He asked the Mayor about a request to have input from the Comptroller's Office. He told Council he had received an email from former Councilmember Sam Pfiester suggesting that Sun City ask for disannexation. Mayor Nelon said the Comptroller's Office told him they will put together a standardized model, but each taxing jurisdiction will have to choose the variables that go into the model. Speaker, Kendall Young, told Council he supports the residence homestead tax exemption and suggested the $10/$20 proposal would be the best level to select. Speaker, Roby Sloan, said he continues to be confused by the staffs analysis and the changing assumptions. He said he prepared a tax table for a $150,000 home, and using the changes that were used at the last Council Meeting, the taxes would be $428. He said, according to his numbers, the change of $10,000 would cost the City $120,000, which is less than indicated by the Finance Director. He said he thinks this figure could be easily offset by sales taxes. Rundell addressed Noble's earlier question on the amount of cost. She said for the $10/$20 scenario, the cost or difference in assessed valuation at the current tax rate of $0.32 would be $127,020; the $20/$30 scenario would be $250,970; the $30/$40 scenario would be $374,921; and the $40/$50 scenario would be $498,872. Motion by Smith, second by Sansing to approve the ordinance under the original scenario. Motion by Snell, second by Eason to amend the ordinance to read "42" which would be the $30,000 exemption for those over 65 and $40,000 for the disabled. He said the ordinance gives Council the opportunity to re -visit the issue, as needed. He said, however, the original figures contained in the ordinance "don't really help or hurt," and he therefore recommends using the larger numbers. Motion by Kirby, second by Ramsey to make it $20/$30, but "across the board," not only for seniors and disabled, but also for younger folks as well. Kirby said this would take care of people in need, regardless of their age. Snell clarified that Kirby was suggesting an increase to the homestead exemption, and technically he was not amending the motion regarding exemptions for over 65 or disabled. Carls was consulted and it was determined that this motion was not valid to the posting for this item and would need to be brought back as a posted item on a future agenda. Motion by Kirby, second by Noble to defer this item to the next Council Meeting and consider both. (Ramsey withdrew his second of the previous motion and Kirby withdrew his previous motion.) Denied 5-2. (Eason, Smith, Snell, Sansing, and Ramsey opposed) Smith said he would support Snell's amendment. City Council Meeting Minutes/February 24, 2004 Page 4 of 11 Pages Noble said the only figures that are certain are for the first year, after that there are too many variables. He said he thinks the tax freeze would give the City a better chance to prepare for the "hit." He said he respects Snell's attempt to make the exemption fair. Vote on Motion to amend by Snell: Approved 4-3. (Ramsey, Kirby, and Noble opposed) Motion by Smith, second by Sansing to amend that if Proposition 13 is ever passed, the exemption would p.m. be sunsetted, the entire senior exemption would be sunsetted. Kirby asked about a "fail-safe sunset." Carls said there really isn't a "fail-safe sunset." She said the way the law is understood at this time, the tax freeze is on the amount that someone pays, so there will be a group of people, those who are already 65 or over, who will gain both the exemption and the tax freeze. Kirby said the tax exemptions could be reinstated if the tax freeze fails. Carls and Rundell said it depends on whether the tax bills have been issued. Snell asked for and received confirmation that if the tax was frozen before a person turned 65 years of age, that person would not be able to take advantage of the tax exemption. Snell questioned and was told that there is a $3,000 minimum tax exemption (homestead) that cannot be removed. Vote on Motion to amend by Smith: Approved 5-2. (Noble and Kirby opposed) Motion by Kirby, second by Smith to amend the motion to make it effective to any "call" of an election on Proposition 13. Approved 5-2 (Snell and Noble opposed) It was clarified that an election would have to be "called" or ordered 61 days prior to the date of the election. Vote on Original motion as amended: Ordinance No. 2004-16 Approved 6-1. (Noble opposed) recessed at 7:35 p.m. resumed at 7:45 p.m. 2. Second Reading of an Ordinance Amending Section 4.09 of the Unified Development Code (UDC) pertaining to the Courthouse View Protection Overlay District - Carla Benton, Development Planner and Amelia Sondgeroth, Director, Planning and Development Services Benton noted that at Council's request, the southern corridor from the courthouse to the bridge on IH35 has been deleted. She said this new packet of information with the ordinance includes only the northern and western corridors. She said San Gabriel Village, Lot 3, was also deleted; and noted the other requests of staff regarding revising the purpose and intent to address a "broad" view; giving the Director of Planning and Development Services the ability to grant administrative waivers under specific criteria; providing cost estimates of a metes and bounds study to be brought back for consideration; and providing information on the impact of the 1-35 View Corridor on industrial propeties along South Austin Avenue and on other development sites within the boundaries of the Downtown Overlay. Benton read only the caption of the ordinance on second reading. Yantis spoke to the impact that the view corridors would have on certain parcels. He said analyses on twelve sites were done, and he explained several. He said staff feels there is no significant impact to developing in Georgetown. There was discussion. Motion by Sansing, second by Smith to approve the amendment to the Unified Development Code pertaining to the Courthouse View Protection Overlay District. Motion by Eason, second by Noble to amend the motion to reinsert A-2 into the ordinance. Speaker, Renee Hanson, thanked the Council for considering the courthouse view corridor and said she hoped they would also include the south view as mentioned by Eason. Vote on amendment: Approved 5-2. (Sansing and Ramsey opposed.) Motion by Snell, second by Noble to amend to remove C. Property Exempted from View Corridor (San Gabriel Village, Section 1, Block 1, Lot 3). He said he thinks the ordinance needs to be cleaned up so as not to look like "spot zoning" or setting a bad precedent to put exemptions of City Council Meeting Minutes/February 24, 2004 Page 5 of 11 Pages particular pieces of property into overlay districts. Sansing disagreed saying it looks like the Council is going back on its word. Eason said she agrees with Snell and doesn't think a particular site should be a part of a legislative issue. Noble said he also agrees. Vote on amendment: Approved 6-1. (Sansing opposed) Vote on original motion as amended: Ordinance 2004-17 Approved 6-1. (Sansing opposed) 3. Second Reading of an ordinance designating a continuous geographic area within the City of Georgetown, generally described as Tract One (1) of Georgetown Industrial Park Southwest Phase, Section One, as a Reinvestment Zone for property tax abatement purposes pursuant to Chapter 312 of the Texas Tax Code -- Mark Thomas, Economic Development Director Thomas read only the caption of the ordinance on second reading. Motion by Snell, second by Smith to approve Ordinance 2004-18. Approved 6-1. (Kirby opposed) U Consideration and possible action to authorize the Mayor to execute a tax abatement agreement for TASUS Corporation, Inc. -- Micki Rundell, Director of Finance and Administration and Paul E. Brandenburg, City Manager Rundell explained that this agreement is the result of the vote by the Council to allow five years of City property tax abatements to TASUS Corporation based upon the number of jobs created. She said all legal requirements for granting this abatement have been met. She said the abatement concludes in 2009. Motion by Noble, second by Sansing to approve the tax abatement agreement. Ramsey asked and was told by Rundell that if TASUS does not maintain the minimum requirements for the abatement, they lose the abatement for that year, but the next year they can again receive the abatement if they create the required number of jobs. Approved 6-1. (Kirby opposed) V Consideration and possible action to authorize the Mayor to executive an Infrastructure and Utility Agreement, between the City of Georgetown and TASUS Corporation, Inc. -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs explained the agreement and told Council that the City's limit is $10,000 worth of water and wastewater improvements, and if TASUS doesn't meet the tax abatement agreement, they will reimburse the City. Motion by Sansing, second by Smith to approve the Infrastructure and Utility Agreement. Approved 6-1. (Kirby opposed) W First Reading of an Ordinance of the City Council of the City of Georgetown, Texas, establishing a cemetery use for a 20.49 acre site in the Stubblefield Survey, Abstract No. 556, located in the City's Extra -territorial Jurisdiction (ETJ) at 330 Berry Lane in compliance with the requirements of Senate Bill 667 (78th leg. sess. 2003) -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Planning and Development Services Mayor Nelon recused himself and left the dais. Mayor Pro Tem Doug Smith conducted this item. Ray explained the item, saying the ordinance presented is the same as was presented at the January 27 Meeting. He noted that alternative language, provided at that meeting by both the applicant and the neighborhood, has been included for Council's consideration. He said the two parties have not met and no compromise has been reached. He said, generally, the applicant is proposing the deferment of road improvements, subject to the establishment of a road maintenance account. He said the neighborhood expects the applicants to assume 75% of the maintenance cost of the road with a security fence installed across Berry Lane beyond the cemetery entrance. He said Council has, this afternoon, been provided with information from the attorneys for both parties. City Council Meeting Minutes/February 24, 2004 Page 6 of 11 Pages Smith asked if it is up to the Council to determine the responsibility for the private road in the item. Carls clarified that staff was interested in getting the road improved prior to operation of the cemetery and leaving the maintenance decision up to the parties involved. Eason asked about the security fencing. Ray explained that the City asked for fencing around the cemetery with a gate to allow ingress and egress. He said the neighbors have since asked for a gate across Berry Lane to limit access to the residential properties beyond the cemetery. Snell said he thinks the present language of the ordinance requires the road to be improved prior to the use of the cemetery, saying the cemetery would *44et be allowed to sell lots *and improve the site sr but not conduct funerals until after the road is improved. (*as corrected by Snell at the March 9, 2004 Council Meeting.) Mayor Pro Tem noted that there were many speakers signed up and suggested that if they plan to say the same thing as the previous speaker, please just state their quick opinion and go forward. Terry Irion, Attorney for the applicants, said he would focus on the road issue. *He said he agrees with SRell that the pFeSGRt draft does not allew the GeFneteFy GWReM tO sell lots GF GGRdUGtfURerals until the read rsved. mon said in response to Snell's comment, he doesn't see how the cemetery can sell a cemetery plot, but then say "but you can't bury anybody here until we finish this road. "He said he thinks the way the staff draft reads now, is that until the road is completely installed, the cemetery operation would not be allowed to commence and they would not be able to sell any cemetery plots. He said that is the "key" problem with the staff draft. He said he doesn't think Council has the authority to tell the neighborhood that they have to contribute 'k" percent to the improvement or maintenance of the road, saying there is a deed restriction in place that spells that out. He said he had a number of conversations with members of the neighborhood, but they were not able to reach an agreement. He asked that the Brumders be allowed to reserve $100 per lot sale over the first year in order to do significant improvement to the road. He said the Brumders are not able financially to build the road prior to selling cemetery lots. He said the Brumders are willing to fill potholes and help the homeowners maintain the road prior to the reconstruction of the road. He said there isn't a public health and safety issue. He said the cemetery traffic would only amount to 25% of the total traffic on the road. He said he thought the cemetery should be authorized to start now. (*clarification provided after listening to the tape of the item, due to Snell's correction at the March 9, 2004 Council Meeting) Speaker, Ellen Brumder, said they have endured grave financial hardship over the last five months while waiting to develop the cemetery. She said there is no evidence that they represented the cemetery as a part of St. Helen's Catholic Church. She listed the number of neighbors who had originally supported the cemetery. She said no objections were received prior to starting the development. She asked why the neighbors waited until October to voice their concerns. She said she would like to reach a compromise and a just and peaceful solution to the issues at hand. Speaker, Nicholas Brumder, asked the supporters to stand up. More than half of the audience stood. He said they have done a great deal of work on the project. He said although the early business plan calls for approximately 10,500 interments, the statuary and other amenities will take up some of the room for burial plots, so there would eventually be approximately 6,500 interments. He described the plans for the cemetery. He said the neighborhood already has several commercial businesses, and with SH130 coming through, there will likely be more commercial businesses on Berry Lane in the future. Speaker, Diana Francis, Director of Our Lady of the Rosary Cemetery, told Council that the Cemetery is financially sound and will be governed by the Texas Department of Banking and the Funeral Services Commission under a perpetual care license . She said the cemetery will be beautiful and inspirational, and she doesn't understand why the issue has created division in the community. Speaker, June Doerr, said she is the sculptor that did the first sculpture for the cemetery. She said she is proud to be a part of the cemetery. Speaker, David Patch, said in the years he has known the Brumders they have been truthful and generous. He said he doesn't understand how the Council could consider denying the cemetery because the fifteen families in the neighborhood haven't shown any proof that the cemetery would be a detriment to the neighborhood. Speaker, Wendi Lester -Mason, an attorney representing the neighborhood, and member of the neighborhood, said the traffic estimates are not what the real traffic will be, saying there will be much more City Council Meeting Minutes/February 24, 2004 Page 7 of 11 Pages traffic regarding the cemetery. She said the current road is a narrow one-way road and funeral processions will create an ingress/egress problem. She said there have been many problems with the road maintenance in the past. She said the suggested solution for maintenance of the road put forth by the Brumders and their attorney will not work. Speaker, Jim Donovon, said he attempted to negotiate with the Brumders and was turned down. He said his issues are the security gate, the maintenance of the road, and construction of an adequate road for the operation of this commercial enterprise. He said the neighborhood has never been a partner to the development of the cemetery. He said it is the responsibility of the business to mitigate the dangers that are inherent with the operation of the business. Speaker, Ruth Roberts, said she will live next door to the cemetery if it is approved. She agreed that it would be an aesthetic plus for the area, but the concern of the neighbors is health, safety, welfare, and the road. She disputed Irion's prediction on the amount of traffic to two other businesses on Berry Lane, saying the Child Care is "almost defunct" and the art studio is owned by her husband and has not had more than 30 people in the studio in the last two years. She repeated that her main concerns are the condition of the road and the equitable distribution of responsibility and cost for that road. Speaker, Earl Watson, told Council he owns property on Berry Lane. He took exception to the number of trips projected by the cemetery owners. Speaker, Patrick Buchanan, said the Brumders are his inlaws and they are an honest and honorable Christian couple. He said the cemetery is not responsible for Berry Lane's current condition. He said in November, the Brumders offered to pay $25,000 to the neighborhood for repairs to the road and an electronic security gate. He said the neighborhood turned down the offer. Mayor Pro Tem Smith continued to call on registered speakers. Some stood and spoke briefly from the audience. Others came to the podium. Speaker, Carmen Peacher, told Council she supports the cemetery. Speaker, Dana Akers, told Council she supports the homeowners. Speaker, Terese Shelton, told Council that if the Brumders say they will put up money for the road, they will put up the money. She said the need for better access for emergency vehicles exists now and will not increase with a cemetery. Speaker, James P. Buchanan, father of Patrick Buchanan, spoke in favor of the Brumders and the cemetery. Speaker, Will Larsen, told Council he supports the cemetery. Speaker, Beverly Larsen, said she is perplexed because the neighbors never conveyed their feelings to the Brumders in the beginning. Speaker, Brett Samuelson, told the Council he supports the cemetery. Speaker, Dale Clark, told the Council he supports the cemetery. Speaker, Jim Tome, told the Council he supports the cemetery. Speaker, Sue Tome, told the Council she supports the cemetery. Speaker, Collette Peterson, told the Council she supports the cemetery. Speaker, Tracy Gentile, told the Council she supports the cemetery. Speaker, Jeannie Arrellano, told the Council she supports the cemetery. Speaker, Claire Bloodgood, said it is disturbing that accusations have been made against the Brumders. Speaker, Jack Bloodgood, said the Brumders are good, honest people and he is in favor of the cemetery. Speaker, Carmen Henderson, told the Council he supports the cemetery. Speaker, Daniel Hendeson, said the cemetery has a public use and the Brumders should be admired for the "pay as you go" proposal. Speaker, Eric Puetz, told the Council he supports the cemetery. City Council Meeting Minutes/February 24, 2004 Page 8 of 11 Pages Sansing asked if it would be feasible to word the ordinance so as to allow usage such as plot sales and interments for a period of one year, and if by one year the road is not brought up to standards, the operations would cease. Carls said it would be difficult to enforce. Motion by Snell, second by Ramsey to approve the ordinance on first reading. Motion by Sansing, second by Ramsey to amend to allow the Brumders to sell plots and actively conduct services for a period of one year at which time the road must be completed, and if not, the cemetery would be shut down. There was further discussion by the Council. Snell said he thinks there is a safety issue involving the road. Smith said he thinks the Brumders need to raise money to help them improve the road. Ray told Council that the applicant has provided an alternative proposal for a method to construct the road that would cost less than the first estimate. He asked Council if they would allow staff additional time to look at the proposal. Vote on the Amendment: Denied 2-5. (Eason, Smith, Noble, Kirby, and Snell opposed) Ray asked City Engineer, David Munk, to step forward and explain the proposal from the applicant. Munk said they need to analyze the existing base on the road in order to determine whether the proposal is adequate. Snell suggested passing the ordinance on first reading in the essence of time. Motion by Sansing, second by Kirby to direct the City engineering department to bring back a review of the road improvement proposal. Approved 7-0. Motion by Smith, second by Snell to amend the ordinance to delete Section 4(a)(v) security fence and gate at the entrance of the cemetery. Approved 6-1. (Sansing opposed) Motion by Eason, second by Snell that there be a security gate erected on Berry Lane to prevent people other than the residents from entering Berry Lane. Denied 6-1. (Smith, Noble, Kirby, Snell, Sansing, and Ramsey opposed) Vote on Motion to approve the ordinance as amended: Approved 7-0. 9:49 p.m. -- recessed 9:57 p.m. -- resumed X Discussion and possible action to approve a Resolution supporting the Environmental Protection Agency and the Clean Air Action Plan for the Austin/Round Rock Metropolitan Statistical Area and the implementation of the ozone pollution control measures in that plan that should result in local attainment of the 8 -hour ozone NAAQS by 2007 -- Tom Yantis, Assistant City Manager Yantis explained the item, saying the counties and cities in the Austin/Round Rock Metropolitan Statistical Area came together as an Early Action Compact. Yantis noted that Georgetown was asked to join in 2000, but did not. He said the Compact is about to the point where they are going to adopt voluntary compliance goals, and they have approached the City of Georgetown to support the effort of the Compact, noting that this resolution doesn't commit the City for anything other than support. He listed some of the suggested actions to control pollution. Motion by Sansing, second by Ramsey to approve the resolution of support. Approved 7-0. Y Consideration and possible action on a Public Review Final Plat for 9.01 acres in the John Powell Survey, to be known as Kelley Trust, Phase Four -A, located on the east side of Kelley Drive -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Benton explained that this plat is consistant with the plan and was approved by the Planning and Zoning Commission. Motion by Noble, second by Sansing to approve the Public Review Final Plat. Approved 7-0. City Council Meeting Minutes/February 24, 2004 Page 9 of 11 Pages Z Public Hearing and possible action on a Special Use Permit for McDaniel Park Lot 2, 10.67 acres, to establish and collocate an additional antenna on an existing tower at the Cox Communications Facility, located at 111 North College Street -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum explained that the posting is incorrect and said the action should be for Lot 3. Carls noted that the Public Hearing could be opened tonight and kept open for the next Council Meeting. McCollum explained the item and said the staff supports the permit and the Planning and Zoning Commission approves. The Public Hearing was opened at 10:06 p.m. The applicant, representing Verizon Wireless, asked Council for additional height on the existing Cox Communications Tower in Georgetown. The Public Hearing was not closed and will remain open until the next meeting. AA Consideration of an Interlocal Agreement with Williamson County concerning construction of the Georgetown Innerloop NE from County Road 151 to Business 35 (Austin Avenue) at the Lakeway intersection -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item, saying this is the extension of the Innerloop and the work to this point has been done on verbal agreement. Noble noted that the Georgetown Transportation Enhancement Corporation has approved the agreement. Motion by Noble, second by Sansing to approve the interlocal agreement. Approved 7-0. BB Items Forwarded from the Georgetown Utility System (GUS) Advisory Board 1. Consideration and possible recommendation for approval of a contract amendment to the existing Professional Services Agreement between the City of Georgetown and Camp, Dresser, and McKee, Inc. to provide engineering services related to the design of the Lake Water Treatment Plant De -watering Facility for a total of $253,974.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong told Council this facility is a continuation of the work being done on the Lake Water Treatment Plant, being done separately from the contract for the original facility because the original expansion of capacity was done as a design/build on an emergency basis. Motion by Smith, second by Noble to approve the contract amendment. Approved 7-0, 2. Consideration and possible recommendation for approval of a contract amendment to the exisiting Professional Services Agreement between the City of Georgetown and Camp, Dresser, and McKee, Inc. to provide engineering services related to the design of the Dove Springs Wastewater Treatment Plant expansion for a total of $527,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong said the existing plant is 1.24 mgd and is at about 60% of capacity. He said the TCEQ requires beginning design when the plant reaches 70% of capacity, saying they are starting earlier because this plant has been "peaking" under wet weather conditions. He said the work on the recharge zone will help the plant so that the construction may be pushed forward by a year, but the design needs to be started. Motion by Snell, second by Smith to approve the contract amendment. Approved 7-0. 3. Consideration and recommendation to award a contract to Corrosion Eliminator, Inc. of Mineral Wells, Texas and to establish a project budget of $100,000.00 for the rehabilitation of the Berry Creek Ground Storage Tank -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying this project continues the plan to rehabilitate the water storage facilties. Motion by Sansing, second by Ramsey to approve the award of contract. Approved 7-0. 4. Consideration and possible recommendation to award contracts to H. Deck Construction and Horseshoe Construction, Inc. and to approve the budget for the Phase I EARZ Rehabilitation Project and Phase I EARZ Pipe Bursting Projects in the amount of $1,235,000.00 -- Glenn City Council Meeting Minutes/February 24, 2004 Page 10 of 11 Pages Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying these are needed repairs discovered by smoke testing. He said these repairs will be combined with a street drainage project. He said $950,000 of the cost will come from the water fund. Motion by Smith, second by Noble to approve the award of contracts to H. Deck Construction and Horseshoe Construction, Inc. Approved 7-0. 5. Consideration and possible recommendation to award the bid, from Viking Construction, for street microsurfacing in the amount of $264,400.24 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained that this is the annual award for street maintenance. Motion by Sansing, second by Ramsey to approve the award of bid. Approved 7-0. CC Consideration and possible action to approve the appointment of five representatives to a Council Compensation Committee to review and determine the amount of monthly compensation provided to the Mayor and Councilmembers -- Mayor Gary Nelon Nelon explained that he has asked each councilmember to contribute a name, all eight names will be put on slips of paper, and five names will be drawn to serve as members of the Compensation Committee. Motion by Noble, second by Kirby to approve of the method for appointing the members. Approved 7-0. The following five names were drawn: Doris Curl, Bill Shanhouse, Ramona Navarrette, Larry Rosenblad, and Jay Sloan. The meeting was adjourned at 10:27 PM. City Council Meeting Minutes/February 24, 2004 Page 11 of 11 Pages City Secretary Sand