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HomeMy WebLinkAboutMIN 09.24.2013 CC-RMinutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, September 24, 2013 The 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, 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; Andrew Spurgin, Planning Director; Laurie Brewer, Assistant City Manager; Micki Rundell, Chief Financial Officer; Jim Briggs, General Manager for Utilities; Jordan Maddox, Principal Planner; Trina Bickford, Purchasing Manager; Glenn Dishong, Utility Director; Edward Polasek, Transportation Services Director; Bill Dryden, Transportation Engineer; Leticia Zavala, Customer Care Manager; David Thomison, Water Services Manager; Wesley Wright, Systems Engineering Director; Mark Miller, Transportation Services Manager; Andreina Davila -Quintero, Project Coordinator; Mike Elabarger, Senior Planner; Minutes Regular Session - To begin no earlier than 06:00 ISM (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 -- Meeting was called to order at 6:06PM Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Presentation of Proclamation designating the City of Georgetown as a Purple Heart City Mayor read the proclamation and presented it to to Aaron Cabrera, a Purple Heart recipient who lives in Georgetown. City Council Regional Board Reports City Manager Comments - Election November 5, 2013 - Early Voting Schedule Action from Executive Session Motion by Gonzalez, second by Fought to authorize City staff to send a letter of intent to STI International for a retention incentive agreement on terms discussed in Executive Session. Approved 6-0 Motion by Gonzalez, second by Fought to authorize settlement of civil action Number 1.12 -CV -137 styled City Council Meeting Minutes/ Page 60 of 351 Pages Danny Tucker versus City of Georgetown, Texas in the US District Court for the Western District of Texas, Austin Division, on the terms discussed in Executive Session. Approved 6-0 Public Wishing to Address Council On a subiect 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 theagenda: 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. � � s 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, September 10, 2013 -- Jessica Brettle, City Secretary D Consideration and possible action to adopt a Resolution authorizing the City of Georgetown to participate in an interlocal agreement with National Cooperative Purchasing Alliance for the purpose of participating in their interlocal purchasing cooperative program -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer E Staff report and update concerning completion of the Southeast Arterial One Project -- Wesley Wright, Systems Engineering Director and Bridget Champman, City Attorney F Consideration and possible action to approve the appointment of Chloe Esquivel, Kendall Johnson, Thomas Janes, Theodore Brown, and Cooper Cash as members of the Georgetown Youth Advisory Board -- Mayor George Garver Motion by Hammerlun, second by Eason to approve the consent agenda with the exception of item E which was moved to the Regular Agenda by Eason. Approved 6-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: E Staff report and update concerning completion of the Southeast Arterial One Project -- Wesley Wright, Systems Engineering Director and Bridget Champman, City Attorney Wright said regarding the contract on SE1, Sam Houston Blvd, there were several things that did not get completed in the past and one thing was vegetation. He said a key part of the design of the road was establishing adequate vegetation. He said, after staff resolved the original contract, staff obtained three quotes to complete the vegetation. He noted they hired a contractor to complete this portion of the project. He said, if you drove that road, you can see the vegetation now. He said they used a very good product that reduces erosion and is very fast at germinating. He added they look forward to using it on other jobs. Motion by Gonzalez, second by Eason to approve. Approved 6-0 G Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve a contract regarding the consolidation of Chisholm Trail Special Utility District (CTSUD) with the City of Georgetown Utility System -- Glenn Dishong, Utility Director and Jim Briggs, General Manager of Utilities With a Powerpoint Presentation, Briggs provided a history of this item as well as the past action taken on the City Council Meeting Minutes/ Page 61 of 351 Pages consolidation. He said the city and CTSUD has come to the point now where we both have a contract. He said it has been signed by CTSUD and submitted to the City for approval. He walked through the highlights of the consolidation. He noted there are three phases to this agreement. He said the pre closing is the contract execution, interim management and operations by the City for the district pending closing, regulatory approvals and assignment of al CTSUD contracts. He spoke about the second phase, which is the closing, and discussed the details of this process. He said the third phase, the post closing, would be the transfer of employees to the City, the City would add another GUS Board member representing outside of city customers and then perform the customer transfer to the city at the out of city rates. He said the final step of the process would be CTSUD dissolution. He thanked the many people that got the City and CTSUD to this point over the past couple of years. Speaker, Pat Gower, spoke on behalf of the CTSUD and said, as Briggs highlighted, it has been a long path to get to this point. He said CTSUD approved the contract at their meeting last month. He said the majority of their customers are excited about joining the Georgetown utility system. He said CTSUD is financially sound and the customer base grew by 7% this year. He said the book value of their assets is about $58 million. He said along with the assets, the city will acquire its liabilities. He spoke about the coverage area as well as the customer demand growth. He said they have been systematically replacing aging infrastructure across the district but there is still some work to be done. He said he believes it is in the best interest to move forward and said he hopes the City Council approve the contract tonight. Speaker, Karen Mathis, said she is the chair of the greater water committee. She said kudos needs to go to the CTSUD Board of Directors. She noted they are looking for safe, affordable water at a reasonable rate. She said the committee is in complete support of this transfer. She noted the reason is because they see that the City is very strategic because of the GUS Board and City staff. She said the greater water committee is confident of the City's ability to execute a contract between CTSUD and GUS. Motion by Gonzalez, second by Fought to Approve the Asset Transfer and Utility System Consolidation Agreement between the City and Chisholm Trail Special Utility District and authorize the Mayor, or his designee, to execute the documents related thereto; Approve the Contract Management Service Agreement between the City and Chisholm Trail Special Utility District that authorizes the management of the Chisholm Trail SUD system to begin on November 1, 2013, and authorize the City Manager, or his designee, to execute the documents related thereto; Authorize the acquisition of Chisholm Trail SUD assets and assumption of stated liabilities; Authorize staff to seek and secure debt financing in order to fund the obligations contained in the Asset Transfer and Utility System Consolidation Agreement; Authorize staff to evaluate and return recommendations to the City Council regarding membership qualifications to the Georgetown Utility Systems Advisory Board to comply with the Asset Transfer and Utility System Consolidation Agreement; Authorize the City Attorney to seek the necessary regulatory approvals to implement provisions of the Asset Transfer and Utility System Consolidation Agreement; Authorize the City Manager, or his designee, to execute and assume the acquisition or assignment of assets, contracts, agreements, easements, real property, and other interests as contemplated in the Asset Transfer and Utility System Consolidation Agreement; Authorize the City Manager to begin seek placement of Chisholm Trail SUD employees into the City upon closing; Authorize the City Manager to execute all closing documents to effectuate the intent of the Asset Transfer and Utility System Consolidation Agreement; Approve the Defeasance Escrow Agreement between the City and Chisholm Trail Special Utility District and authorize the City Manager, or his designee, to execute the documents related thereto; and Authorize non -substantive changes to the Asset Transfer and Utility System Consolidation Agreement or any documents incident thereto provided such changes are approved by the City Manager, the General Manager of Utilities and City Attorney. Vote on the motion: Approved 6-0 H Forwarded from the Georgetown Transportation Advisory Board (GTAB): Discussion and possible action regarding the Feasibility Assessment of City Assumption of Private Water Quality Ponds Report from HDR Engineering, Inc.-- Edward G. Polasek, AICP, Transporation Services Director and Bill Dryden, P.E., Transportation Engineer With a Powerpoint Presentation, Polasek provided a summary of the feasibility assessment. He showed Council City Council Meeting Minutes/ Page 62 of 351 Pages a map of the location of water quality ponds in the City. He said there are 180 private water quality ponds that do not belong to the City and said the cost estimate to assume ownership of all of the ponds would be $5,959,710. He said the cost estimate to maintain them would be about $1,609,790. He said they would also need to double the maintenance staff. He provided Council with a summary of total annual costs. He brought up some of the policy issues and what would happen if the city took over these ponds. He said the recommendation from GTAB is to accept the report and to not proceed with the acquisition of the ponds. Motion by Gonzalez, second by Jonrowe to approve the GTAB recommendation. Eason asked and Polasek said, by assuming the ponds, the City would be taking on their liability in the long term as well. Fought asked why this was a GTAB issues and Polasek said stormwater utilities are part of the transportation. Hammerlun thanked Council for doing this report. He said he agrees with the recommendation but noted he thinks it would be helpful to get more information regarding Public Improvement Districts and Municipal Utility Districts. Vote on the motion: Approved 6-0 1 Public Hearing on proposed Stormwater Drainage Fee changes used to fund projects included in the adopted 2013-14 Stormwater Drainage Capital Improvement Program – Leticia Zavala, Customer Care Manager and Micki Rundell, Chief Financial Officer Zavala said this is a public hearing for the increase in the drainage fees. She described the proposed fees to the Counci. Hammerlun left the meeting. Public Hearing was opened at 6:57PM No persons present to speak. Public Hearing was closed at 6:58PM No action was taken. J First Reading of an Ordinance amending Chapter 13.28 entitled "Drainage Utility" Section 13.28.100 "Calculation of Drainage Utility Fees" of the Code of Ordinances of the City of Georgetown, Texas -- Leticia Zavala, Customer Care Manager and Micki Rundell, Chief Financial Officer (action required) Zavala said this would fund and approve the fees in the 2013-2014 budget. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Jonrowe to approve the Ordinance on first reading. Jonrowe asked and Polasek said they are using the money in the current CIP to start the process. He said the next year's budget will include having the agendas do estimates on the acquisition and start to look at the acquisition process. Gonzalez said he thinks it's important that we have someone who is bilingual who can explain to people what the process is, what it means and the timelines. Polasek confirmed the firm the City is using is very experiences and multi-lingual. Approved 5-0 (Hammerlun absent) K Second Reading of an Ordinance amending section 13.04.120 entitled "Rates and Charges—Water— Schedule" of the Code of Ordinances of the City of Georgetown, Texas, repealing conflicting ordinances and resolutions, including a severability clause and establishing an effective date -- Leticia Zavala, Customer Care Manager and Micki Rundell, Chief Financial Officer Zavala described the item and read only the caption of the Ordinance on second reading. Motion by Fought, second by Hesser to approve the Ordinance. Approved 5-0 (Hammerlun absent) L Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to award a contract with CH2M HILL for the operation and maintenance of the City's water and wastewater facilities for the next five (5) years and amended annually to CH2M HILL for a total combined of approximately $3,217,408.16 for fiscal year 2013/2014 -- David Thomison, Water City Council Meeting Minutes/ Page 63 of 351 Pages Services Manager and Glenn Dishong, Utility Director Thomison said, on September 13, this item was presented to GUS and was approved and forwarded for approval. He said operations and maintenance of both facilities are currently contracted out to two contractors. He said staff recommends award of contract to CH2M Hill. He said this is a five year contract that can be amended annually. Motion by Eason, second by Hesser to approve the contract. Approved 5-0 (Hammerlun absent) M Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to award a contract with Classic Protective Coatings, Inc., of Menomonie, W 1, for the rehabilitation of James Street EST (Elevated Storage Tank) in the amount of $355,750.00 -- Wesley Wright, P.E., Systems Engineering Director Wright described the item and said the James Street Elevated Storage Tank is just south of 29 across the street from Southwestern. He said it is an elevated steel tank and he said those tanks require maintenance every 12-15 years. He said maintenance consists of draining it, sand blasting it and recoating it. He said this tank was bid with a couple of alternates, including the city logo and a Southwestern logo. He noted they are proposing the Southwestern logo and noted Southwestern has agreed to reimburse the City $4,000 for that. He said GUS unanimously approved the item. He added the neighborhood in the area will not be inconvenienced. Motion by Jonrowe, second by Eason to approve. Motion by Eason, second by Jonrowe to amend the motion to approve alternative two and three. Approved 5-0 (Hammerlun absent) Vote on the final motion as amended: Approved 5-0 (Hammerlun absent) N Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Qro Mex Construction Co., Inc. of Granite Shoals, Texas, for construction of curb and gutter at various locations in the City, in the amount of $299,710.00 -- Edward G. Polasek, AICP, Transportation Services Director, and Mark Miller, Transportation Services Manager Miller said the contract to Qro Mex is recommended by staff. He said Halff and Associates did the engineering for this and this is the curb and gutter portion. He spoke about what this installation involves and which areas of the City will be affected. He said this amount is part of the stormwater utility fee Council voted on earlier. Motion by Jonrowe, second by Fought to approve. Approved 5-0 (Hammerlun absent) O Forwarded from the Planning and Zoning Commission: Consideration and possible action to approve a Resolution recommending the initiation of a rezoning case to remove the Williams Drive (F.M. 2338) Special Area Plan Overlay District ("SP-WM") on the properties generally located on Williams Drive between Shannon Lane and Power Road within City Council District 2 -- Andreina Davila -Quintero, Project Coordinator and Andrew Spurgin, AICP, Planning Director Brandenburg introduced Andreina Davila -Quintero to the audience. She described the item and the area involved in the rezoning case to remove the overlay. She described the Williams Drive Special Area Plan Overlay District, when it was created and the history behind it. She said this overlay zoning district could be applied anywhere in the City. She said since 1986, the citywide development standards have evolved to include more strict standards. She noted these regulations have made the development standards of the overlay district outdated. She said Williams Drive has now been designated as a major arterial within the City. She showed Council some pictures of the existing conditions on Williams Drive and said, while the majority are commercial, they have been veiled to look residential. She noted this overlay district is no longer applicable to the subject area. She spoke about what would happen after this Resolution is approved. Motion by Fought, second by Hesser to approve. Jonrowe welcomed Quintero and asked about the neighborhood meeting. Quintero said it is scheduled for October or November. Jonrowe asked if it would be feasible to move the timeline a bit to accommodate the new District 2 Council member. Brandenburg said there is not a rush and the City can down shift a little bit and do this after the November election. Fought said this motion is part of getting out of our own way. He said it is City Council Meeting Minutes/ Page 64 of 351 Pages obviously going to be a very detailed discussion with the neighborhood and huge parts of the City. Eason said she is pleased with the fact that the City was able to preserve those homes that are now businesses but added they did not quite expect the boom in the area. She said people have always said that they don't want Burnet Road in Georgetown and added she hopes the City sticks to this opinion. She noted she thinks it is a good looking route. Brandenburg said this is more of a part of a comprehensive plan they would like to put in place. Eason said she hopes we do not turn into what everything else looks like. She said Georgetown needs to preserve its uniqueness. Vote on the motion: Approved 5-0 (Hammerlun absent) P Public Hearing and First Reading of an Ordinance for a Rezoning of 44.57 acres in the Foy Survey from the Agriculture (AG) District to a Planned Unit Development (PUD) District for Sun City Neighborhood Forty -Eight, located on Pedernales Falls Drive in northwest Sun City -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said this would rezone Sun City for neighborhood forty-eight. He said this is consistent with the Sun City Development Agreement. He said Planning and Zoning Commission considered this on September 3 and recommended approval. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:32PM No persons were present to speak. Public Hearing was closed at 7:32PM Motion by Fought, second by Hesser to approve the Ordinance on first reading. Approved 5-0 (Hammerlun absent) Q Public Hearing and First Reading of an Ordinance for a Rezoning of 18.70 acres in the Foy Survey from the Agriculture (AG) District to a Planned Unit Development (PUD) District for Sun City Neighborhood Forty -Nine, located on Pedernales Falls Drive in northwest Sun City -- 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. Public Hearing was opened at 7:34PM No persons were present to speak. Public Hearing was closed at 7:34PM Motion by Fought, second by Hesser to approve Ordinance. Approved 5-0 (Hammerlun absent) R Second Reading of an Ordinance of a Rezoning of Wesleyan at Estrella Lot 2 from the Agriculture (AG) District to the Local Commercial (C-1) District, located at 4121 Williams Drive, near Estrella Crossing -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Fought left the dais. Spurgin described the rezoning and said the Planning and Zoning Commission recommended approval and there have been no public comments received on this request. He read only the caption of the Ordinance on second reading. Motion by Hesser, second by Gonzalez to approve the Ordinance. Fought returned to the dais. Approved 5-0 (Hammerlun absent) S Second Reading of an Ordinance of a Rezoning of approximately 9.4 acres in the Flores Survey from the Agriculture (AG) District to the General Commercial (C-3) District, located at 1515 and 1525 S. IH -35, known as Hardtails -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action City Council Meeting Minutes/ Page 65 of 351 Pages required) Spurgin described the item and said the applicant is requesting a rezoning to C-3. He said this property was unique because this property was annexed into the city after construction had already started on the property. He said P&Z recommends approval and there were no speakers. He said City Council recommended in favor on first reading at their September 10 meeting. He read only the caption of the Ordinance on second reading. Motion by Jonrowe, second by Fought to approve the Ordinance. Approved 5-0 (Hammerlun absent) T Public Hearing and First Reading of an Ordinance for a Rezoning of 20.03 acres in the Lewis J. Dyches and Francis A. Hudson Surveys from the Agriculture (AG) District to the Multifamily (MF) District, located on the west side of FM 1460, approximately 1,500 feet south of Southeast Inner Loop -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the rezoning request and said the development is also requesting voluntary annexation. He said staff recommended denial of the rezoning application when this initial request went to P&Z and Council. He said, since that meeting, material changes have been made to the case and now they are recommending approval. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:41 PM Speaker, John Condit, said they have put forth the Vantage at Georgetown community and he provided Council with a picture and mockup of what this property would look like. He said this is the fifteenth community they have built. He noted it will be a Class A luxury apartment complex and added their plans are almost complete. He said the site plan is also ready to be submitted on Friday. He said they have spent about 6 months on this project and noted they are glad to be a supportive part of the Longhorn Junction employment center. Public Hearing was closed at 7:44PM Motion by Gonzalez, second by Fought to approve. Approved 5-0 (Hammerlun absent) U Second Reading of an Ordinance for the Voluntary Annexation of 20.03 acres in the Dyches Survey, to be known as Vantage at Georgetown, located on FM 1460 south of SE Inner Loop — 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 second reading. Motion by Gonzalez, second by Fought to approve the Ordinance on second reading. Approved 5-0 (Hammerlun absent) V First Reading of an Ordinance zoning for traffic and rate of speed therein, on Austin Avenue in the City Limits of the City of Georgetown between Leander Road (RM2243)/ FM 1460 and Williams Drive defining speeding and fixing a penalty therefore declaring what may be a sufficient complaint in prosections hereunder with a saving clause repealing conflicting laws and establishing an effective date -- Bill Dryden, Transportation Engineer and Ed Polasek, Transportation Services Director (action required) Dryden said they are proposing the speed limit on the south ends and north ends of Austin to be changed to 30 mph due to traffic conflict and increased pedestrian traffic. Mayor asked and Dryden said the speed limit will be 30 mph only in these sections with the rest of Austin Avenue being 40 mph. There was much discussion regarding why the City would want to change portions of Austin Avenue and not the entire section. There were several suggestions for how to change the speed limit on Austin Avenue. Dryden said this recommendation would reduce the number of speed changes on Austin Avenue. Eason said she thinks that whole section should be 30 mph. There were many questions and a lot of discussion. Motion by Fought, second by Hesser to return the item to staff for additional study and discussion. Jonrowe asked when the Council would see this again, that they see where the signage would go as well. Brandenburg said they raised this with Joe Dan Lee and added we need to look at the issue of both speed and illumination. Approved 5-0 (Hammerlun absent) City Council Meeting Minutes/ Page 66 of 351 Pages VY Discussion and possible action Uoappoint two ;4Counci|member 000Committee, along with the City Manager and the Assistant CityManoger,mrenamaCR151u,^GtadiumD,ive"andUmcurrentStodium Drive to "Chamber Way" due to recent annexations and pursuant to the policy established by the City Council on November 14, 2006 regarding the Naming of City Facilities, Public Park Lands and Public Streets — Paul E.Brandenburg, City Manager Mayor described the item and said he was asked to recommend two Cound|membersfor this street naming committee. He said haspoke uuRachael Jonmweand Jerry Hammodunand both have indicated that they would bohappy »oaccept the responsibility. Motion byGonzalez, second byFought 0oappoint Rachael JommwoamjJonyHammodun0o*hocommittee. Approved 5-VUiommodunabsent) Adjournment ' ~ The meeting was adjourned at 08:07 PM. Mafor GeorgZda��r (51—ty �ycretary Jelsica Brettle City Council Meeting Minuteo