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HomeMy WebLinkAboutMIN 08.28.2012 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding.. Council Present: Council Absent: Patty Eason, Danny Meigs, Bill Sattler, Tommy Jerry Hammerlun Gonzalez, Rachael Jonrowe, Troy Hellmann Staff Present: Paul E. Brandenburg, City Manager; Bridget Chapman, ,acting Cit=y Attorney-, Jessica Brettle, City Secretary; Micki Rundell, Chief Financial Officer; Laurie Brewer, Assistant City Manager; Susan Morgan, Finance Director; Jim Briggs, General Manager of Utilities Regular Session - To begin no earlier than 06:00 P (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act. Texas Government Code Chapter 551.) A Call to Order -- Mayor called the meeting to order at 6:07PM Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports Eason provided the following report to the City Council and audience. Passenger Rail/Project Strategy — Work in Travis and Hays Counties to secure agreement for -local operations and maintenance funding continues. The local funding.team (LSRD staffand consultants) are currently in frequent meetings and discussions with City.of Austin staff regarding TIF provisions and deal points for a potential Interlocal Agreement. The team mare a joint pi`esentation on TIFs to City Manager Marc Ott on on 8/14. The meeting with the city council's Audit and Finance Committee has been moved to September due to conflicts with other pressing financial issues. In Hays County, the team is beginning to meet with city staffs and making presentations to city councils — the last meeting was with Kyle city staff on 8/15 to discuss alternative financial strategies for local funding. The local funding team is involved in the preparation of regional funding and financing plans, and organizational plans for the T,NG's High Capacity Transit work, of which LSTAR is an integral part. A comprehensive phasing and regional financial approach will be presented to the TWG when it reconvenes in September. LSTAR will be featured prominently. Lone Star Rail staff, counsel, and consultants met with, representatives of Argenta Group on 8/17 to discuss P3 financing and partnership opportunities. The comprehensive business plan is largely complete at draft level; LSRD consultants PFM are working on the last chapters, which detail the f nancial/P3 strategy that the District will follow in the coming months to begin securing capital funds for the project and local funds for O&M, and to City Council Meeting Minutes/ Page 1 of 7 Pages inform financial and operational negotiations with Union Pacific (an effort being coordinated by RL Banks, a highly -regarded railroad operations and economics firm). LSRD staff are in negotiations with CAMPO, TxDOT, and FHWA to create an Advance Funding Agreement for use of the $8 million (plus $2 million in local matching funds) STP -MM funds awarded by CAMPO for the study of the freight bypass'and coordination of a single environmental document for the project. Union Pacific Joint Operations Planning / Freight Relocation — LSRD staff provided service plan and rail equipment performance planning data to Union Pacific in August to inform UP's rail network simulation modeling effort using Rail Traffic Controller (RTC) software. Freight Bypass Stakeholder Engagement — The Stakeholder Engagement team, consisting of LSRD staff and consultants and representatives of Union Pacific, continues to meet bi-weekly to coordinate messaging and report on ongoing outreach efforts. Meetings are currently scheduled with, or being set up with: Williamson County Judge Gattis (pending), Guadalupe County Commissioner Kyle Kutscher (pending), and Travis County Commissioner Ron Davis (pending). The draft messaging document for San Antonio/Bexar county has been created, in sync with the overall messaging strategy agreed to by the Hahn/LSRD/Union Pacific team, to guide the San Antonio/Bexar County work. LSRD San Antonio/Bexar Board members met on 8/22 with LSRD staff and kgbTexas consultants to finalize the document and the Bexar County -specific LSRD public presentation. Upcoming presentations include the San Antonio Hispanic Chamber of Commerce on 9/3, and the Downtown San Antonio Rotary Club on 10/10. A Meeting was held since the last report with Bastrop County Commissioner Clara Beckett (3/15). Public Engagement— Lone Star Rail staff gave a joint Project Connect update to representatives of the Federal Transit Administration on 8/13. Lone Star Rail staff participated in a panel discussion for the Project Connect North Corridor study in Round Rock on 8/16. Lone Star Rail staff gave a project update to TOOT's IH35 PES Study team in San Antonio on 8/16. Lone Star Rail staff gave a project update presentation to the San Antonio chapter'of the Certified Residential Specialists on 8/21. Other — Lone Star Rail District continues to participate actively in the CAMPO Transit Working Group and Project Connect initiatives to define the future Central Texas high capacity transit system. City Manager Comments Action from Executive Session There was no action out of Executive Session. On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item,. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. City Council Meeting Minutes/ Page 2 of 7 Pages C Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, August 14, 2012 -- Jessica Brettle, City Secretary D Consideration and possible action to appoint members to the Georgetown Youth Advisory Board — George Garver, Mayor E Consideration and possible action to renew the existing School Resource Officer agreement between the Georgetown Independent School District and the City of Georgetown, Texas to include an amendment to Attachment A (annual cost for program) of the agreement and signatures of current officials -- Wayne Nerd, - Police Chief F Consideration and possible action to authorize the mayor to sign the HEB Community Challenge pledge and participate in the program -- Kimberly Garrett, Parks and Recreation Director G Consideration and possible action to authorize a donation agreement between Golden Royal Hospitality, Ltd., and the City of Georgetown for the donation of a 0.845 -acre tract of land for street right-of-way located along Northwest Blvd. -- Valerie Kreger, AICP, Principal Planner and Elizabeth Cook, Acting Director of Planning and Development H Consideration and possible action to approve a Resolution appointing Denise Carrington to the Board of Directors of the Rivery Park Tax Increment Reinvestment Zone -- Micki Rundell, Chief Financial Officer I Consideration and possible action to accept the FEMA Assistance to Firefighters Grant Program, Fire Prevention and Safety (FP&S) Grant for the amount of $24,092 -- Robert Fite, Fire Chief Motion by Meigs second by Jonrowe to approve the consent agenda in its entirety. Approved 6-0 (Hammerlun absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: J Public Hearing and First Reading of an Ordinance for Rezoning of 4.23 acres in the C. Stubblefield Survey including Good Luck Subdivision, to be known as Wolf Ranch North, from Residential Single -Family (RS) District, Agriculture (AG) District and Local Commercial (C-1) District to Planned Unit Development (PUD) with a base district of Local Commercial (C-1) District, located from 1020 to 1100 West University and Simon Road -- Carla Benton, Planner II and Elizabeth Cook, Acting Director of Planning and Development (action required) The item has been pulled from the agenda by staff. K Consideration and possible action to authorize execution of Change Order No. 1 for Fire Station No. 2 Project increasing the Design -Build Cost Limitation in the Design -Build Contract from $1,377,800 to the previously approved Guaranteed Maximum Price of $1,675,078 -- Micki Rundell, Chief Financial Officer and Bridget Chapman, Acting City Attorney Rundell described the item and said this is more of a clean up item. She described the change order for the Council and said this change order will amend the contract to increase the amount of the contract to the previously approved GMP. Motion by Jonrowe, second by Meigs to approve the item in its entirety. Sattler asked and Rundell said Michael Seery is administering the contract. Sattler asked and Rundell said the original contract was less than than the cost approved by the City Council. She said this is an administrative change to make sure the amount matches the GMP and fulfills all legal requirements. Sattler asked and Rundell said this is not a material change. Vote on the motion: Approved 6-0 (Hammerlun absent) L Discussion and possible direction to staff to conduct a feasibility study for alternative uses for the Albertson's Building -- Micki Rundell, Chief Financial Officei and Paul E Brandenburg, City Manager Rundell said this is to direct staff to move forward with a feasibility study on additional uses of for the building, City Council Meeting Minutes; Page 3 of 7 Pages She noted the City has made attempts to sell the building, which have been unsuccessful. She said the City currently spends about $300,00 in tax supported debt for this building. She noted this request is up to $25,000 from savings in the current budget. Brandenburg said the City wants to keep its options open for the uses for that building. He said the building was originally left to be used for a public safety complex but noted that has changed over the year. He spoke about what was considered for the other options for the building. Sattler asked and Rundell said, with this study, the City will have numbers for the alternative uses for the building. Rundell said as soon as the City has the study and numbers in hand, they will forward it to Council for review. Brandenburg spoke about the possible renovation costs of the project. He said the report will take about 60-90 days to complete. Motion by Meigs, second by Eason to approve Mayor asked and Rundell said one of the possible uses could be a conference center. Mayor said there is really no place in the City to host a large group of people and agreed that would be a good use for the building. Approved 6-0 (Hammerlun absent) M Consideration and possible action to approve the purchase of VMWare View and related Virtual Desktop equipment and software from Sequel Data Systems in the amount of $169,721.67 -- Mike Peters, Information Technology Director and Micki Rundell, Chief Financial Officer, Peters said this is a request for the purchase of a product called VMWare View. He noted this relates to the virtual desktop technology the City has been implementing over the past year. He noted they ran into scalability and reliability with the product. He said this is to go ahead and move the technology the City has been using over to VMWare to continue with the virtual desktop implementation. Mayor asked and Peters said, rather than to have PCs on every desk, this technology allows the City to centralize the configuration. He said the Council is using that technology right now on the dais. Jonrowe asked and Peters said there are absolutely more safeguards in place with this new technology. He said one of the things the product does is to make sure one person is separated from another. He noted, this way, virus will not spread as quickly. Sattler asked Peters said you can connect through the system via the Internet. Peters said you can get the same desktop while traveling than at the office. Peters said you can also use the iPad with this product. Meigs asked and Peters said the challenge they have with the conventional PC environment is that every user has the opportunity to adjust the PC to whatever they like. He said there are some situations where people make choices that end up breaking something they connect to. He said they have to make sure the system is connected to malware and protections. He said there is a single set of software they manage called the Gold Image and noted the beauty is that the user to start from a common base and if there are variations, they reset them to the gold image again. Meigs asked and Peters said those are urgent efficiency issues that require council to take action tonight rather going through GGAF. Peters spoke about the urgency and said the city has a list of about 60-70 users that are on the technology and are struggling with the performance issues.. Brandenbrug said the urgency was to get this done as soon as possible. Peters agreed... Motion by Jonrowe, second by Eason to approve the item. Approved 6-0 (Hammerlun absent) N Consideration and possible action to approve a Resolution to oppose the U.S. Fish and Wildlife Service's Proposed Rule to list three salamander species that occur in Williamson County as endangered and/or threatened under the Endangered Species Act -- Laurie Brewer, Assistant City Manager Brewer said, as you know, the US Fish and Wildlife Service is proceeding with a process to list three Williamson County salamander species as endangered or threatened. She said they are using data from a study conducted by the City of Austin. She noted the Williamson County Conservation Foundation is in the middle of its ovm. study. She said the County has initiated a task force that she has been a part of to determine the next steps. She said they have requested the City's support to formally oppose the listing based upon the lack of specific scientific evidence that they are using as the basis. She spoke about how development can go on while protecting the local habitat. She said the City has higher impervious cover standards and said they have purchased several springs where salamanders have been shown to live. She said they have a pretty rigorous tree ordinance that also protects habitats. She said she thinks the City has done its part to protect the habitat for all species. She noted, with this, the City is asking that they support the development community. She said the County adopted a similar resolution last week and has requested that the City has a presence at the public hearing next week. She said the Chamber has been active in supporting the development community and make sure we use good scientific data to make the determination. Brandenburg said the City also has higher water quality standard. He said it is a uniformed effort they are trying to put forward. He said the City is the only one in the central Texas community to enter into a study. He said the City is trying, to base this on both science and fact. He noted, to date, there has not been any science to indicate the species are really endangered. City Council Meeting Minutes/ Page 4 of 7 Pages Speaker, Ellen Davis, asked that Council not support this resolution. She noted she has observed a lot of endangered species battles over the last twenty years. She said she sees these listing as indications that the City is note being good stewards of its environment. She encouraged the Council to read an article by Bonnie Stump in the June 10 issue of the Sun. She provided copies of that article to the City Council. She asked that the Council address the cause of the problem rather than just punish the messenger. Speaker, Dwayne Boidson, spoke in opposition of the resolution. He said this resolution says the City is in opposition of the process. He spoke about the natural habitat in the City and the County. He noted the City has been very progression in protecting those habitats. He said the City needs to protect the interest of the County in protecting the environment. He said developers can come up with creative ideas to deal with the salamander issue. Eason asked and Brewer read a section of the completed proposed resolution regarding water quality measures. Motion byMeigs, second by Hellmann to approve the Resolution. , Eason said the issue of these resolution is more a part of the process_ Eason said the listing of the species that the US Fish and Wildlife did the other day was actually a way to start the dialogue and it is part of a larger process. She noted people can now submit their scientific findings and discussion about this issue until the US Fish and Wildlife move it through a process. She noted that being said, people do not need to be as alarmed as some people would like them to be. She said it is not really that alarming on either side. She said she is supporting this resolution because of the fact that the US Fish and Wildlife has a contract to allow a five year study. She noted it is almost three years into that study and added it has been a well managed and appropriately performed study according to a contract through Dr. Pierce at Southwestern University. She said the City should move forward and make sure the Foundation's contract with US Fish and Wildlife is followed to allow the study to move forward. Vote on the motion: Approved 6-0 (Hammerlun absent) O Forwarded from the Georgetown Economic Development Corporation (GEDCO): Consideration and possible action to approve the Fourth .Amended Agreement, Amended Lease Agreement and Promissory Rote by and :between GCV Enterprises, LLC dba Grape Creek Vineyards and the Georgetown Economic Development Corporation (GEDCO) --..Mark Thomas, Economic Development Director Thomas said GEDCO met a week ago and noted final bids were received for the build out of the former visitors center for Grape Creek Vineyards. He said this agreement increases the build out amount for a total a little over $370,000.He noted there is a remaining gap between Grape Creek and what has been offered but noted staff is working on addressing that gap. Motion by Gonzalez, second by Sattler to approve. Approved 6-0 (Hammerlun absent) P Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a construction contract to Smith Contracting Co, Inc., of Austin, Texas, for the construction of the Gabriel View Drive/John Thomas Drive Streets and Drainage Improvements Project in the amount of $305,025.95 -- Edward. G. Polasek, AICP, Transportation Services Director and Bill Dryden, P.E., Transportation Engineer Polasek described the item and said this is a street and drainage project. He said there has been flooding at the end of John Thomas on numerous occasions. He said they are working on the street design and drainage improvements in the "area to alleviate that flooding and to allow the natural flow of the storm water in the area. He said they are confident that will reduce the amount of flooding on Gabrial View and improve the street and curb section in the area. Motion by Meigs, second by Hellmann to approve. Approved 6-0 (Hammerlun absent) Q Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a contract for Microsurfacing as part of the 2011-12 Capital Improvement Project Street Maintenance to Viking Construction Inc., of Georgetown, Texas, for a totai alternate plus base bid amount totaling $543,304.95 — Mark Miller, Transportation Services Manager and Edward G. Polasek, AICP, Transportation Services Director City Council Meeting Minutes/ Page 5 of 7 Pages Polasek described the item for the Council explained the Microsurfacing treatment. He described the area of the City this will effect. Motion by Meigs, second by Gonzalez to approve. Approved 6-0 (Hammerlun absent) R Forwarded from the Georgetown Utility System Advisory Board (GUS): Consideration and possible action to approve the procurement of project management services for the meter exchange project from BCN Consulting, of Austin, Texas for the amount of $125,000.00 -- Leticia Zavala, Customer Service Manager and Glenn Dishong, Utility Director Dishong said the project management of the existing meter exchange project has been performed by BCN Consulting until now. He said, as part of the initial project and procurement, they envisioned that the City may issue an RFP to continue the project. He noted due to the unique qualifications of BCN consulting and advice from procurement manager, it will more fitting to obtain additional services through a primary procurement, with BCN Consulting. In order to complete the project, it will be an additional $125,000. Motion by Hellmann, second by Sattler to approve the item. Approved 5-1 (Hammerlun absent) (Gonzalez opposed) S First Reading of an Ordinance amending several provisions of Title 7 of the Code of Ordinances relating to animals -- Bridget Chapman, Acting City Attorney Chapman spoke about the Ordinance and the changes included in the provisions. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Chapman gave a brief history of this issue. She said after the City presented the original report of recommendation, Council approved certain modifications including the allowance of hens, limit the number of hens to eight, define the types of homes allowed, required notice of ownership to the Animal Services Director, require a review of the coop construction and placement on the property. She said the final recommendation was the require a 20 foot setback of the coop from the side and rear property lines of the property. She noted the intention from Council was that this will allow hens to be kept in the Old Town area of the City because most of the other areas will not allow hens because of deed restrictions. She said, after the meeting, it was brought to her attention that requiring the setback would not allow hens in old town. She said she went back and looked at other ordinances which required setbacks be from neighboring properties. She noted, instead it saying the original directive, it reads that the setback is 20 feet from neighboring properties and requires the hens to be kept and confined in the property oners backyard. Jonrowe asked and Chapman confirmed the City's nuisance ordinance is still the same and the smell and noise would have to be monitored. Sattler spoke about the nuisance ordinance and asked if there are a number of violations that would require the permit to be terminated. Chapman said it is not a permit and noted it is simply compliance with the Code. Sattler asked and Chapman said there is not a provision to remove the animals due to violations of the Code. Jonrowe asked under what provisions can a dog or cat be removed. Brandenburg spoke about the dangerous dog section of the code. Eason spoke about the punishment and the fact that people would be able to restock the coop. Jonrowe said that would be as separate issue regarding pet ownership in general. Chapman said the only restriction is there is a multiple pet permit. Hellmann asked and Chapman confirm the setback is from the property and not the property lines. Gonzalez said he remains opposed to all farm animals in the city limits and noted he still thinks they can be a health hazard or risk, He said he thinks the City opens the door for the possibility of other farm animal requests. Sattler said he would like to suggest that they put in some type of violation provision in the ordinance. There was much discussion regarding possible violation provisions. Brandenburg said the City needs to see whatever else is on the books before moving forward. Chapman said on September 24, the City will be having a workshop on the entire animal ordinance. She said it is a large issue. Chapman said tonight staff is trying to approve this provision and, at the meeting on the 24th, the City can discuss the other issues. Eason said she agrees with Hellmann that there may not be a legal authority for the City to say a person .can never have a particular kind of animal ever again. There was much discussion. Motion by Jonrowe, second by Hellmann to approve the Ordinance on first reading. Sattler added that staff to research penalties for appropriate nuisance violations. Jonrowe said that issue would fall under the discussion at the upcoming Workshop. Vote on the motion: Approved 4-2 (Meigs, Gonzalez opposed) (Hammerlun absent) City Council Meeting Minutes/, Page 6 of 7 Pages Motion byJnnmwe.second byEason that staff research what hwould take tninclude the enforcement alternatives for code violations related hoanimals infuture Ordinances. Approved 4-2(/Neigs,Gonzalez opposed) (Hommedunabsent) T Second Reading nfanOrdinance tooUowfonPhorServineCredit inthe Texas Municipal Retirement System -- Kevin Russell, Director of Human Resources & Civil Service (action required) Russell described the item and read only the caption ofthe Ordinance on0000ndnead|ng. Motion byMeigs, second byJonnowo0oapprove the Ordinance. Approved G-D(Hommedunabsent) Approjeldl Mayor George Gdrver� City Council Meeting Minutes/ Meeting adjourned at7:18P08 . Aujournment The meeting was adjourned at 07:16 PM.