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Home My WebLink AboutMIN 11.13.2007 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 - Patty Eason, Gabe Sansing, Keith Brainard, Bill Sattler, Pat Berryman, Farley Snell, Ben Oliver --- - ------ Council Absent: All Council present ... ...... . . -- ........... . ........ Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Anthony Lincoln, Fire Chief; Bobby Ray, Planning and Development Director; Marsha Iwers 'Purchasing Manager; Keith Hutchinson, Public Information Officer; David Munk, Development Engineer; Jennifer Bills, Housing Coordinator; Ken Finn, Animal Services Manager Executive Session Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - Discussion and possible action concerning legal issues related to the Utility Agreement and the Development Agreement between the City and Laredo W.O. Ltd. (f1k1a ABG) - Discussion and possible action concerning legal issues related to the Utility Agreement and Development Agreement between the City and the Oaks at San Gabriel, LLC (f/k/a Rothell) - Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and Necessity (Application No. 35375-C) (SOAH Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR) B See 551.072: Deliberations about Real Property - Consideration and possible action concerning the acquisition of a 0.243 -acre utility easement from Westinghouse Road Joint Venture for the installation of public utility improvements pursuant to a Consent Agreement between the City and NNP -Edwards, L.P. concerning the creation of Williamson County Public Utility District No. 15. — Patricia E. Carls, City Attorney and Kent A. Sick, Attorney for the City C Sec.551.086 Competitive Matters - Discussion of the wholesale power cost portion of the City's retail electric rate -- Jim Briggs, Assistant City Manager for Utility Operations Regular Session - To begin no earlier than 06:00 PM (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.) D Call to Order Mayor Nelon called the meeting to order at 6:00 pm. F Comments from the dais t--T7CZTlTM - Page 1 of 6 Pages Mayor Nelon welcomed the Jience and gave a brief description of meeting , 6edures. G Announcements and Comments from City Manager - City Offices will be closed on Thursday and Friday, November 22m and 23rd for the Thanksgiving Holidays. d - There Will be no trash pickup on Thursday, November 23 'd . Thursday trash collection slides to Friday. Fd 11 trash collection slides to Saturday' - The City of Georgetown is now accepting applications for vacant or expiring terms on its Boards & Commissions. Information and applications can be obtained on the City's Website at www.georgetowmorg or at City Hall which is located at 113 E. 8� Street, at the Public Library and at other City Offices. The Deadline fo filing applications is January 11, 2008. Public Wishing to Address Council - Chris Dyer regarding the "Up the Chisholm Trail" Event Speaker, Chris Dyer, said it was the goal of the Board of Directors of the Williamson County Historical Museum to hold an event that would put Georgetown "on the map" and continue to help make Georgetown a tourist destination. He estimated that approximately 81000 people attended the event. He said the general consensus of the shop owners around the square was good, and he thanked the Convention and Visitors Bureau staff for their assistance. - Keith Peshak regarding "illegal lawmaking by the city" Speaker, Keith Peshak, told Council he asked an aviation attorney to compile a list of the laws that the City has passed that are illegal. With an overhead map, he demonstrated an area of the Airport where he said "vehicles" are not allowed to be, according to Council law, saying he asked for an open records request to defline "vehicle," but received a response that the City could not define "vehicle." He said the City requires that all vehicles must have yellow blinking lights, and since airplanes don't have yellow blinking lights, they must not be vehicles. Action from Executive Session the engagement letter from Brown & Hofmeister, L.L.P. to provide legal services to the City related to the Consent Agreement for the creation of Municipal Utility districts (MUDs) for the Water Oaks and is at San Gabriel Subdivisions. Approved 7-0. M16611111"y INN, M11101111 a 0 •Lar;1SE1141-01101611ol a- •. mine illimim- J Consideration and possible action to approve the Minutes of the City Council Workshop on Monday, October 22, the City Council Meeting on Tuesday, October 23, 2007, and correction to the minutes of the June 12, 2007 Council Meeting -- Sandra D. Lee, City Secretary K Consideration and possible action authorizing the purchase of Holmatro Hydraulic Rescue Tools from Metro Fire in the amount of $17,489.00 -- Anthony Lincoln, Fire Chief AN 11 1 6 nfiwvjaUnl Une rOX411 - N Consideration of a resolution to approve a Home Investment Partnership Program Proposal with Sierra Ridge. GHA Housing, L.P. for the Development named Sierra Ridge Apartments, located at the intersection of Northwest Blvd. and Washam Dr. -- Jennifer C. Bills, Housing Coordinator 0 Consideration and possible action regarding a resolution casting City o eorgetown votes for the election of t e Williamson County Appraisal District Board of Directors -- Paul E. Brandenburg, City Manager P Consideration and possible action to approve payment to the Texas Commission on Environmental Quality (TCEQ) for annual wastewater plant assessment fees in the amount of $31 �320.40. -- Glenn Dishong, Water City Council Meeting Minutes/November 13, 2007 Page 2 of 6 Pages Services Director, Jim Brig� issistant City Manger for Utility Operations. Q Consideration and possible action regarding the formation of a task force to assist in the development of language for the 2007-2008 list of Unified Development Code (UDC) amendments -- Bobby Ray, AICP, Director of Planning and Development Motion by Eason, second by Oliver to approve the Consent Agenda in its entirety. Sansing said Council has made other requests of staff regarding agenda items and he asked to go on record that staff comply with requests from Council. Vote • the motion: Approved 7-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: Nelon announced that the second reading items would be brought forward at this time. W Second Readings 1 . Second Reading of an ordinance revising Title 7 "Animals" of the Code of Ordinances as recommended by the Animal Services Staff and the prosecuting attorney for Municipal Court to revise the following provisions: definitions of dangerous dogs -- Ken Finn, Animal Services Manager', and David Morgan, Police Chief Finn read only the caption of the ordinance on second reading. Motion by Snell, second by Brainard to approve Ordinance 2007-86 . Sansing asked how a ••• is determined to •' considered dangerous and not just an "escape artist * " Finn said the decision would be made by the control officer who takes the complaint and then by the municipal judge. Vote on the motion: Approved 7-0. 2. Second Reading of an Ordinance Rezoning from OF, Office District to C-1, Local Commercial District 15.09 acres known as Tract A, • 26 of Sun City Georgetown, ■ 2, Neighborhood I -D located at the northeast corner of Williams Drive and Del Webb Boulevard -- Bobby Ray, AICP, Director of Planning and Development Services the Francis A. Hudson( �ey, Abstract Number 295, located approxima, 2,000 feet southeast of the intersection of SE Inner Loop and Blue Springs Parkway -- Elizabeth Cook, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Cook explained the two ordinances and recent history of previous approvals with conditions at the Planning and Zoning Commission and from the City Council. She read only the captions of the ordinances on second reading. vote aaainst the industrial zonin which is adiacent to his neighborhood. He said they have been a deeded residential community for over 20 years. He said they don't want the noise, light, and odor. He said if Council wants to approve, move the industrial development to the front of the property. With an overhead map, he displayed the proposed site. He disagreed With the statements made at the last Council Meeting regarding Homeland Security and buffer requirements. He said he appreciates the requirement for a site plan to be approved by the Council. Motion by Snell, second by Sattler to approve the Comprehensive Plan Amendment. Oliver said he would vote against this and asked that the "flipping of the two proposed developments" be explored. Ordinance 2007-88 Approved 6-1. (Oliver opposed) Motion by Snell, second by Sattler to approve the rezoning. Ordinance 2007-89 Approved 6.1. (Oliver opposed) A Consideration and possible action to approve amending Purchasing Policy and Procedures raising formal b75 limit to $50,000 -- Marsha Iwers, Purchasing Manager I Water Oak h re will be an in-ci mud for the Water Oak Prn'pnt And the total amount that was to be allowed in the N=Vlft I , N City Council Meeting Minutes/November 13, 20M Page 4 of 6 Pages I r • r ` • i -i • • -r • • • e - r i r . l ' • -•`r: r - a •: - . • is • e # •- • r -i • • • •' • t 'r t •. rf f e - • rs- -• • i • • t .• .. .. f.- •b•.. . - . .::.. ... � i a rt:- f :• •• s r •. f w •' i • e f i • s •_ •4t . r a • s•e • i it # e r- a • i- ! s .. a '.. r'. •. i • • ' •. a • a •.. • r • : • # `. • ' Rick O'Donnell, HARC Chair, explained the resolution included in the packet. Me said the solution presented to the Commission was interim in design and only a short-term fix. He said HARC would like to see a more long-term improvement. He said once the sidewalk is addressed, HARC could address the improvements to tha_. building. . • the budget and CIP have alreadybeen approved for this years budget, so he would think this should be a part of the 2008/2009 budget. Brandenburg said Council could consider rearranging are currently c -f in the CIP. He said it is a project that ne.• f be done, but other projects already in line for priority. There were comments from the Council. Yantis explained that�staff has spoken with the• of -• p • suggested that he•. to go through the process as all the other downtown projects. He said at this time, the owner is not willing to parricipate In the process. Motion by Sansing, second by Eason to approve the HARC resolution. Oliver confirmed that this approval does not ., that the project will be placed r of other project that has been approved. Frien amendment by Eason, that staff would bring back a report on this issue in no more than two months. Sansing agreed to the friendly amendment Approved 7-0. V Consideration and possible direction from City Council on proposed amendments to the Unified Development Code (UDC) •t:. ! pertaining .t.eth a Cook,i.. Planner and Bobby R.:: AICP, Director of ■. • and Development explained a proposed defin', hand development criteria as provided in the C Icil Agenda packet. 'Iffif. ME- WRI -M MEMNON.@. F. W. MOMENT I i I I i i 0. 1 1 . . . . . 11111. "I'll 01,11 "11001141. IAN i ffiffil IN MIT W. 1 -0. i I I I ! .1 W 110 11 N , 111147, 111 IN I 1111 1 1� .4@0 @ _14 I dl-lffiot RIII 711140�Ilffi 1, the policy items on p e 10. Sansing asked for feedback from more than "a couple" of builders. There were further comments from the Council. Vote on the motion: Approved 7-0. W Second Readings 1. Second Reading of an ordinance revising Title 7 "Animals" of the Code of Ordinances as recommended by the Animal Services Staff and the prosecuting attorney for Municipal Court to revise thefollowing provisions. definitions of dangerous dogs -- Ken Finn, Animal Services Manager, and David Morgan , Police Chief This item was handled earlier in the meeting at the beginning of the Regular Agenda. Z. Seco Mom 7-177CUM .11 acres known as Tract A, Block 26 of Sun City Georgetown, Phase 2, Neighborhood 1 -D located at the northeast corner of Williams Drive and Del Webb Boulevard -- Bobby Ray, AICP, Director of Planning and Development Services This item was handled earlier in the meeting at the beginning of the Regular Agenda. This item was handled earlier in the meeting at the beginning of the Regular Agenda. Williamson County and Cities Health District -- Mayor Gary Nelon This item was pulled for consideration at a future agenda. Ap ro9 ved MayovIary Nelon FIN1UM1101,91 Attes 't -"City 'Secretary Sandra Eed Meeting Date2- 1 0 0. Ar"" i Item N STATE OF TEXAS COUNTY OF WILLIAMSON CONFLICT OF INTEREST AFFIDAVIT lamamem erofthe— Cn& . j a, I- Ireside at _50q.)-1 C/&' /3,?, —(City Council or name of City board, committee or conitnission)of the City of Georgetown, and I hereby make this affidavit and on my oath state the following: 1, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. "I haven conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable). A. "Substantial Interest" I or a person related to me in the first or second degree have an ownership of 10%® or more of the voting stock or shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity. J or a person related to me in the first or second degree have an ownership of $15,000 or more of the fair market value of the business entity. I or a person related to me in the first Or second degree received funds from the business entity in excess of 10% of my/his/her gross income for the previous year. I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. B. "Economic Interest" I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of Ordinances have a legal or equitable interest in real or personal property ora fiduciary obligation to such propertyor contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. C. 660ther" , For reasons other than those listed above, I have a corAict of interest(Please specif�4 e.g. Sec. 2.24.170 or other reason L1121�L TE,119� / .1 —/ "Upon filing of this affidavit with the recording;secretary and/or the City Secretary, I #firm that I will abstain from all participation, discussion and voting involving the matter identified in the above -referenced agen" �jflem rri w ais;oever. Further, Affiant sayeth not." Affiant's Signature--: Printed Name: BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN TO AND SUBSCRIBED before me on this day Of 00 0, SANDRA D. LEE 5 MY C0MMISSION EXPIRES NotaryPublicfor the State of Texas J,,�nuary3,2010 County of Williamson THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING. IF AFFIANT HAS CHECKED ANY OF THE ITEMS UNDER SECTION "A" RELATING To "SUBSTANTIAL INTEREST,"A COPY OF THIS AFFIDAVIT MUST ALSO BE SENTTO THE CITY SECRETARY FORTHE CITY OF GEORGETOWN. Conflict of Interest Affidavit Rev. 8/25/2004 Meeting Date I 1, AF", Item No. STATE OF TEXAS COUNTY OF WILLIAMSON CONFLICT OF INTEREST AFFIDAVIT reside at 4 5 I am a membeUEhe C(V-1 L.,0,Qcc` (City Council or name of City board, committee or conimission)of the City of Georgetown, and I hereby make this affidavit and on my oath state the following: "l, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. "I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable). A. "Substantial Interest" I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or shares of the business entity, or have an ownership of 10% or more of the fair market value ofthe business entity. I or a person related to me in the first or second degree have an ownership of $15,000 or more of the fair market value of the business entity. I or a person related to me in the first or second degree received funds from the business entity in excess of 10% of my/his/her gross income for the previous year. or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. 3. "Economic Interest" I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of Ordinances have a legal or equitable interest in real or personal propertyora. fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. C. "Other" —,L ---'For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason) M641L��,o L-Jt T4 t-zl D. -O-51 5"J J�,vL Ili j affirm "Upon filing of this affidavit with the recording secretary and/or the City Secretary, I a Inn that I will abstain from all participation, discussion and voting involving the matter identified in the above -referenced agenda item whatsoever. Further, Affiant sayeth not." Affiant's Signature: Printed Name,/ E5,4 51- Date: i4E) KEEEE BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN TO AND SUBSCMBED before me on this day of 200'7 "y SANDRA D4 LEDE ION EXPIRES 2010 My COMM18SION EXPIRES Janliaty3,2010 Notary Public in and for the State of Texas County of Williamson THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL 1M_1NU— TES OF THIS MEETING. IF AFFIAINT HAS CHECKED ANY OF THE ITEMS UNDER SECTION "A" RELATING To "SUBSTANTIAL INTEREST,"A COPY OFTHIS AFFIDAVIT MUST ALSO BE SENTTOTHE CITy SECRETARY FORTHE CITY OF GEORGETOWN. Conflict of Interest Affidavit Rev. 8/25/2004