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HomeMy WebLinkAboutMIN 11.12.2013 CC-RMinutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, November 12, 2013 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council 'resent: Council Absent Patty Eason, Tommy Gonzalez, Rachael Jonrowe,All Council Present. Jerry Hammerlun, Steve Fought, John Hesser Staff Present: Paul E. Brandenburg, City Manager; Bridget Chapman, City Attorney; Jessica Brettle, City Secretary; Micki Rundell, Chief Financial Officer; Laurie Brewer, Assistant City Manager; Jim Briggs, General Manager for Utilities; Andrew Spurgin, Planning Director; Susan Morgan, Finance Director; Wesley Wright, Systems Engineering Director; Kathy Ragsdale, Conservation Services Manager; Edward Polasek, Transportation Services Director; Terri Calhoun, Real Estate Services Coordinator; Minutes 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 6:17PM Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports City Manager Comments - Boards & Commissions Applications - Downtown Georgetown for the Holidays - Lighting of the Square November 29th - Christmas Stroll December 6th & 7th Action from Executive Session Motion by Gonzalez, second by Fought to direct staff to continue negotiations on terms discussed in Executive Session concerning the Hughes, Weir, Caluette and Guy/Knight real estate matters. Approved 6-0 Motion by Gonzalez, second by Fought to direct staff to engage in discussions with Intermountain Slurry Seal, Inc. and Halff Associates for resolution of contract claims relating to the 2013 Street Rehabilitation Project/Pavement Rejuvenation and Surface Treatment Project on terms discussed in Executive Session. Approved 6-0 City Council Meeting Minutes/ Page 12 of 351 Pages Public Wishing to Address Council 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 subiect 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. Statutory Consent 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. C Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, October 22, 2013 -- Jessica Brettle, City Secretary D Consideration and possible action to cancel the second Council Meeting in December 2013, regularly scheduled for the fourth Tuesday of the month -- Mayor George Garver E Consideration and possible action to approve an interlocal agreement with the Texas Department of Transportation regarding the installation of highway monument signs -- Bridget Chapman, City Attorney F Consideration and possible action to approve the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended September 30, 2013 -- Micki Rundell, Chief Financial Officer, Susan Morgan, Finance Director and Lisa Haines, Controller G Forwarded from the General Government & Finance Advisory Board (GGAF): Consideration and possible action to approve the Plan Documents and related materials for the City's self-insurance plan to be implemented January 1, 2014 and direct the City Manager to sign related documents -- Micki Rundell, Chief Financial Officer H Forwarded from the General Government & Finance Advisory Board (GGAF): Consideration and possible action to approve the purchase of 6 replacement and 3 new specialized vehicles and equipment totaling $1,492.898 as approved in the 2013/14 Annual Budget -- Paul Pausewang, Support Services Manager and Micki Rundell, Chief Financial Officer I Forwarded from the General Government & Finance Advisory Board (GGAF): Consideration and possible action to approve the annual payment for the operation of the county wide radio communications system to Williamson County in the amount of $122,505.00 -- Paul Pausewang, Support Services Manager and Micki Rundell, Chief Financial Officer J Forwarded from the General Government & Finance Advisory Board (GGAF): Consideration and possible action to approve a Task Order with Terracon, Inc. for Material Testing for the Georgetown Public Safety Facility in the amount of $59,392.00 -- Wesley Wright, P. E., Systems Engineering Director K Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to authorize the Police Department to proceed with the procurement of furniture for the Public Safety Operations and Training Center from Furniture For Business in the amount not to exceed $675,000 -- Wayne Nero, Police Chief L Consideration and possible action to appoint Keith Brainard to the General Government and Finance Advisory Board to fill a vacancy, effective November 15, 2013 -- Mayor George Garver City Council Meeting Minutes/ Page 13 of 351 Pages Motion by Gonzalez, second by Hammerlun to approve the consent agenda in its entirety. Approved 6-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: M Consideration and possible action to approve a Resolution casting City of Georgetown votes for the election of the Williamson Central Appraisal District Board of Directors -- Paul E. Brandenburg, City Manager Brandenburg described the item and said the City is being asked to cast its votes for the nominees to the Board of Directors, Harry Gibbs and Deborah Hunt. He said he recommends Harry Gibbs receive 58 votes and Deborah Hunt receives 57 votes. Motion by Brandenburg, second by Hammerlun to approve the Resolution. Approved 6-0 N Consideration and possible action to adopt a Resolution supporting the Clean Air Coalition and the Ozone Advance Program by participating in their goal to facilitate a voluntary emission -reduction plan to be completed this calendar year -- Kathy Ragsdale, Conservation Services Manager and Edward G. Polasek, AICP, Transportation Services Director Ragsdale said the City of Georgetown is a member of the Central Texas Clean Air Coalition (CAC) whose purpose is to develop, adopt and implement clean air regulations. She said it is in association with CAPCOG. She said, right now, the active standards for the ozone are set by the Environmental Protection Agency (EPA). She said this was established in 2008 in the 803 flex plan and is established at 76 parts per billion. She noted this plan expires in 2013 and added staff is asking for support of the CAC and the Ozone Advance which is the continuation of the plan by the EPA. She said the ozone limit is 76 parts per billion. She said, in 2008, our area came in at 74 parts per billion. She noted, with the new ozone advance coming in, they are projecting the EPA will decrease the maximum to between 60 and 70 parts per billion. She said this item would support a resolution of the CAC, which has set up standards of compliance for the Georgetown area. She described some of the activities the City will participate in to encourage protection of the ozone and support the efforts of the coalition. Motion by Jonrowe, second by Eason to approve the Resolution. Jonrowe said she wants to point out that the City is already doing a lot of things on the list. She noted even though the government is lowering that particle standards, if areas can demonstrate they are doing everything right yet there are still high numbers, they allow for some flexibility. She said some of the particulates are coming from other areas as well. She said they are also going to look at the willingness of the communities that they will be doing their part. Fought asked and Ragsdale said these issues are already in the budget and there is no tax payer impact. Hesser said we need to have some kind of plan to show that we are addressing the goals set out in the Resolution. There was much discussion. Vote on the motion: Approved 6-0 0 Consideration and possible action on a Resolution approving a Memorandum of Agreement with the Texas Commission on Environmental Quality and other local governments renewing an original agreement to locally enforce motor vehicle limitation rules -- Edward G. Polasek, AICP, Transportation Services Director and Jim Briggs, General Manager, Utilities Polasek said this is related to the original rule on motor vehicle idling that the City adopted in 2006. He said this allows the city to enforce idling for more than 5 minutes by vehicles over 14,000 pounds. He said the Resolution allows the Mayor to sign the agreement with TCEQ. He said the police department can not enforce this if it does not have this agreement. Motion by Jonrowe, second by Eason to approve the Resolution. Approved 6-0 P Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to authorize the purchase of Parcel 207, Parts 1 and 2, from Georgetown Railroad Company in the amount of $1,713,000, plus closing costs, in connection with the TxDOT FM 1460 Improvement Project (North Segment — Quail Valley Drive to North of Westinghouse Road) -- Edward G. Polasek, AICP, Transportation Services Director and Terri Calhoun, SR/WA, R/W-NAC, Real Estate Services Coordinator Polasek described the item and said this is the largest piece of property the City will be acquiring for the FM City Council Meeting Minutes/ Page 14 of 351 Pages 1460 project. He said this is the segment of the roadway that is the realignment of 1460 and he described the length of the segment for Council. He said this project will open up the 1460 corridor for future development. Motion by Gonzalez, second by Hammerlun to approve the purchase. There was some discussion regarding the process of reimbursement of funds for this project. O First Reading of an Ordinance for the Voluntary Annexation into the city limits of 37.88 acres in the Roberts, Lewis and Lord Surveys, located off of Shell Road near Georgetown Village -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Fought, second by Hesser to approve the Ordinance. Approved 6-0 R First Reading of an Ordinance for the Voluntary Annexation into the city limits of 7.74 acres in the Porter Survey, located at Northwest Boulevard and River Bend -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Hesser, second by Eason to approve the Ordinance. Approved 6-0 S First Reading of an Ordinance for the Disannexation from the city limits of 28.9 acres in the Mott Survey at Westinghouse Road and the former MoKan right-of-way, for the Avery North development in Round Rock -- Jordan Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin said this is an disannexation that has been requested by the property owner as the majority of their land is in the City of Round Rock's jurisdiction. He said there has been a series of discussions between the different entities. He said a Resolution was approved by Council to start this process of disannexation. He said the City is working out a series of agreements with Round Rock that will be coming to Council at December 10. He said second reading will be set at a later date once staff finalizes some related items. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Hesser to approve. Approved 6-0 T Second Reading of an Ordinance for a Special Use Permit for Hewlett Subdivision, Section 1, Block A, Lot 1, dba Hewlett Chevrolet, to allow an automotive use in a C-3 Zoning District, located in the 7601 South IH -35 . -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said this is related to an expansion of the Hewlett Chevrolet dealership. He read only the caption of the ordinance on second reading. Motion by Hammerlun, second by Hesser to approve the Ordinance. Approved 6-0 U Second Reading of an Ordinance for a Rezoning of San Gabriel Estates, Block 1, Lot 4 and Lot 5, located between Western Trail and Wagon Wheel Trail on the south side of Williams Drive, from the Agriculture (AG) District to the Local Commercial (C-1) District -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said this is proposed to be the Autumn Leaves nursing care facility. He said, as you can see, this property is a hold out as properties are either side of it have already gone to commercial use. He read only the caption of the ordinance on second reading. Motion by Hammerlun, second by Hesser to approve the Ordinance. Approved 6-0 V Second Reading of an Ordinance establishing the Unified Development Code Advisory Committee -- Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said this is a second reading of the Ordinance. City Council Meeting Minutes/ Page 15 of 351 Pages He said, at first reading, Council discussed the formation and scope and purpose. He said it has been decided to move forward with a seven member committee. He said City Council discussed various memberships categories for the Board. He said the remaining unanswered question is which categories they would like to make up the composition of the Board. He read only the caption of the Ordinance on second reading. He said the bylaws for the committee will be brought forward on the November 26th agenda. Motion by Fought, second by Eason to approve the Ordinance on second reading. Gonzalez said he thinks he would like to see at least two positions be a local developer/builder. Eason said the Chamber of Commerce member will probably be in that field. Fought spoke about why he argues against the HARC member. He noted, when we are down to seven, the City should see if this composition works for a year and address it at a later time. He said he is happy we have the commission. He said he is in favor of following up after a year. Jonrowe reminded Council that they will be the ones reviewing the applications during the annual appointment process. Mayor reviewed the application process for the Council. Hesser said he does not think HARC should be on it and another home builder or developer should be in its place. Motion by Hesser, second by Gonzalez to amend the motion to remove a HARC member and replace it with a home builder and a developer position. Eason spoke about why she disagrees with this amendment. She said the HARC members are business people and have required expertise to serve on HARC. She said she hopes these issues will not be automatically rubber stamped up here and this board will continue to be looked at over the coming years. Hammerlun said he is going to support the HARC amendment because he does not believe that HARC deserves a special designation as a member of this committee. He said the City should have a more flexible, broader look at this. There was discussion that a member can not serve on two boards. Chapman clarified that the list provided to Council is just a suggestion and the Council is able to pick and choose from the categories if necessary. Vote on the amendment: Approved 5-1 (Eason opposed) Motion by Gonzalez, second by Fought to approve the list provided and if staff can not find someone to fill the spot that another category can be used to fill that vacancy. Approved 5-1 (Eason opposed) There was a lot of discussion regarding the composition of the Board. W Discussion and possible action regarding the reallocation of funding in the amount of $10,500 related to Social Service and Youth Program Funding -- Rachael Jonrowe, Councilmember, District 6 Jonrowe spoke about how a few organizations have returned the youth services funds to the City. She said she feels the City should reallocate those funds to other youth services organizations. Motion by Jonrowe, second by Eason to reallocate $1,000 Getsemani Community Center, $2,500 to Georgetown Partners in Education and $7,000 to Boys and Girls Club of Georgetown. Fought said we should not move forward with this as Council has already decided on the allocations. He said he thinks the City should postpone this until the review committee has met. Eason said she would like to be able to review all of her notes for funding before deciding how to allocate these funds. Eason asked about putting the money in next year's fund. Motion by Fought, second by Gonzalez to postpone until after Council has met with the City Manager for the Social Services Committee. Jonrowe said she made a motion in the past meeting to delay the allocations until the City looked into the qualifications, but that was not approved. She said she is just moving forward based on the past actions of the Council. She explained her reasoning behind why she is suggesting her allocations. She spoke about why she feels those three organizations meet the qualifications. There was much discussion. Hammerlun said the City needs to expedite the social services committee process. Eason spoke about why she thinks there is no point in waiting to allocate the funds. Vote on the second motion: Approved 4-3 (Eason, Jonrowe opposed) City Council Meeting Minutes/ Page 16 of 351 Pages Adjournment The meeting was adjourned at 07:28 PIVI. Approv ttest M yor Georg rve Ci y ecretary J ssica Brettle City Council Meeting Minutes/ Page 17 of 351 Pages