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HomeMy WebLinkAboutMIN 05.12.2009 CC-RMinutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, May 12, 2009 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: Keith Brainard, Gabe Sansing, Dale Ross, Ben All Council present. Oliver, Pat Berryman, Bill Sattler, Patty Eason Staff Present: Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Jessica Hamilton, City Secretary; Micki Rundell, Chief Financial Officer; Jim Briggs, Assistant City Manager for Utility Operations; Elizabeth Cook, Acting Director of Community Development; Jennifer Bills, Housing Coordinator; Glenn Dishong, Water Services Manager; Thomas R. Benz, Systems Engineering Director; Mark Miller, Transportation Services Manager; Jordan Maddox, Planner II; Robbie Wyler, Historic District Planner; Laurie Brewer, Assistant Director of Finance; Edward G. Polasek, Principal Planner; Terry Jones, Construction Manager; Carla Benton; Tina Heine; Marsha Iwers, Purchasing Manager; Cathy Leloux, Municipal Court Clerk; Minutes 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.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Proclamation for Motorcycle Safety Awareness Month Mayor read and presented the proclamation to the motorcycle community. - Teen Court Recognition Mayor introduced Judge Randy Stump and Tina Heine to the audience. Stump spoke briefly about the Teen Court program. Mayor read the proclamation. City Manager Comments - Social Service Funding applications - Grand Opening of the Teen and Seniors Center - Graffiti "bag -a -tagger" Effort Action from Executive Session Motion by Berryman, second by Sansing that the City Council authorize the Mayor to sign the "Settlement Agreement and Release" with SPG Wolf Ranch, L.P. formerly known as Forestville Associates, G.P., Simon Property Group, L.P. and to accept the settlement sum and terms set forth in that Agreement. Approved 7-0 City Council Meeting Minutes/May 12, 2009 Page 1 of 6 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, there were no persons who requested to address the Council on items other than what was already posted on this 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 Council Workshop held on Monday, April 27; and the Council Meeting held on Tuesday, April 28 -- Jessica Hamilton, City Secretary D Consideration and possible action on a Public Review Final Plat for 28.429 acres in the Foy Survey, also known as Sun City Neighborhood Fifty-two located near the intersection of Pedernales Falls and Cool Springs Way -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director of Community Development E Consideration and possible action on a Partial Vacation of Calder Subdivision, Lot 1 and Calder Subdivision, Lot 1A, as Amended, being 38.60 acres in the C. Joyner and John Sutherland Surveys, located on County Road 262 -- Carla Benton, Planner II and Elizabeth Cook, Acting Director of Community Development. F Consideration and possible action to approve a Resolution expressing official intent to enter into and abide by the conditions of the Texas Department of Transportation Multiple Use Agreement for the maintenance of 135 highway right -a -way immediately surrounding the proposed monument sign to include the sign, solar lighting and landscaping. -- Terry Jones, Support Services Construction Manager and Micki Rundell, Chief Financial Officer G Consideration and possible action to accept a Training Grant for $6,200.00 from the Texas Commission on Fire Protection -- Robert Fite, Fire Chief Motion by Brainard, second Sattler to approve the Consent Agenda in its entirety. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: H Consideration and possible action regarding the 2009 Community Development Block Grant application through Williamson County -- Jennifer C. Bills, AICP, Housing Coordinator and Elizabeth Cook, Acting Director of Community Development Bills described the item and said this is regarding the City's annual application for Community Development Block grants. She said, as of now, the City applies through Williamson County for block grant funding and will do so until the City becomes an entitlement City with a population of 50,000. She added, once the City becomes entitled, it can apply directly for federal monies. She said the application is due May 28th and she noted all projects must benefit low to moderate income citizens in town. She said there are three sections of sidewalk completions recommended for these funds. She described those sections. Oliver asked and Bills confirmed these are potential projects but, if the City is awarded a grant, all of the projects will be paid for. Motion by Sansing, second by Sattler to approve the application. Brainard asked about the sidewalks in front of the hospital and Bilis said, if the City funds the project, the expectation is for the hospital to build their sidewalks. Approved 7-0 I Consideration and possible action to approve a Settlement Agreement with 3 B&J Wastewater Company, Inc., Bill Benton, Jane Ann Benton and Brandon Keith Benton, Owen/Wilco 160, L. P., and Chisholm Trail City Council Meeting Minutes/May 12, 2009 Page 2 of 6 Pages Special Utility District, and a related Utility Facilities Construction and Conveyance Agreement-- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Briggs reviewed the item and said this is an item where 3 B&J filed for a draft permit with TCEQ for a permit for a wastewater treatment plant for a MUD. He said the application came in and the City saw the opportunity to work with 3 B&J to achieve the long range goal for regional wastewater and implementation He noted the City included Chisolm Trail Special Utility District in the process as well. He described other elements in the agreement. He said staff and the applicant both agree to the terms of the settlement. Motion by Berryman, second by Sansing to approve the settlement agreement Mayor introduced the attorney for the project, Ron Frieman, who thanked the City staff and said this is a win-win proposition. Sattler asked and Frieman said the wastewater treatment plant will be able to provide service to the new third high school Approved 7-0 J Consideration and possible action on a resolution releasing Extraterritorial Jurisdiction property on certain property North of Ronald Reagan Boulevard for development of a Municipal Utility District and authorizing the Mayor to sign the resolution -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Acting Director Of Community Development Polasek said this is connected with the previous item and he said this was to be brought back when the wastewater settlement agreement was reached. Motion by Oliver, second by Berryman to approve the resolution. Approved 7-0 K Consideration and possible action to approve a Letter of Understanding with Brockway, Gersbach, Niemeier, and Franklin, P.C. to perform the independent audit of City accounts for fiscal year ended September 30, 2009 -- Laurie Brewer, Assistant Director of Finance, Micki Rundell, Chief Financial Officer Brewer described the item and said these are the auditors that provide the report annually to the Council She described the auditing process in the summer. She said this is the fifth year of the contract with this firm and said the estimated cost is $42,925. She noted auditing costs have gone up due to changes in auditing standards and staff recommends approval for this fifth year. Motion by Brainard, second by Eason to approve the letter of understanding. Approved 7-0 Consideration and possible action to approve a contract with Westin Engineering for project management and IT infrastructure assessment for the CIS/AMI replacement project -- Micki Rundell, Chief Financial Officer and Jim Briggs, Assistant City Manager for Utility Operations Rundell said the scope of this project is very large and encompassing and said Zavala will be handing out details to the Council. With a PowerPoint presentation, she spoke about the IT department and said there is no in depth planning, there is no vision or forward looking planning, it is not well understood by other departments, and the network has been made to accommodate the departments and all of the programs they use. She noted there is no consistency overall. She spoke about the creation and duties of the IT Steering Committee. She said, that committee created the desire for holistic or unified direction going forward for the IT department She showed Council a network diagram of the City as well as a map of various locations that have to be on the City's IT network which is done through infrastructure or through Suddenlink cable. She said, through the process, the City has been working on a CIS/AMR project. She briefly described this project. She said they had an evaluation team that looked over the RFP's for the project and she listed the members of the team. She said there was a grading matrix on the RFP that was submitted and there were nine different responses. She listed the top three responses. She said the decision was made to bring in the top two consultants to interview directly and, from that, staff finally decided upon Westin Engineering. She spoke briefly about Westin Engineering and what qualities they will be bringing to this project She said they are providing strategy for integrating future and current systems. She said the City is moving toward a more enterprise type of program. She noted the new system will allow the City to utilize the GIS program at a higher level. She said the proposed IT assessment was moving forward on a parallel course and noted, as staff went through the various issues, the West Monroe Project was occurring at the same time. She said the IT process needs to be done in order to be effective with any future project. She said staff decided to integrate the IT assessment into the Westin contract to streamline the process and cost. She showed Council a project timeline which spans as long as 36 months, but will be modified if the City receives DOE funding. She said the hope is that Council approves the contract and noted there are members of Westin at the meeting if there are questions. She listed the many aspects of contract and added this will be funded by water and electric utilities. She said the City is hopeful they can have half of this project paid for by stimulus funding. Motion by Sansing, second by Eason to approve the contract. Sattler asked and Rundell said Langham City Council Meeting Minutes/May 12, 2009 Page 3 of 6 Pages Consulting Service's cost was $925,000 which did not include the IT assessment. Ross said it concerns him that there is not a disaster recovery plan in the City. He said that is a big driver for him. He said his other concern is two years is an aggressive deadline and he wants to make sure there is enough staff on board to complete this project. Rundell described what would happen if the project is pushed to a 24 month completion. Ross asked and Rundell said the City will probably need to have contract workers on staff to make the project happen in that time period. Ross asked and Rundell said this is strictly the project management cost. Ross asked and Rundell said there is $35,000 worth of contingency funds. Ross said he does not like when something is approved by Council and then it comes back because there is not enough funding. He added he is glad there are contingency funds built in. Sansing said 1 % does not seem like a lot of contingency and Rundell agreed. She said the $35,000 is really for the IT assessment. She noted Westin felt that they could meet the deadlines with the timeline they have been given. Sattler asked about the price differences between Langham and Westin. Rundell described why Westin was chosen and she noted their philosophy matched that of the City staff. Rundell said the contract with Westin is more professional in nature and more geared toward control. Vote on the motion: Approved 6-1 (Sattler opposed) M Consideration and possible action to approve an Interlocal Agreement with Williamson County for the Design and Construction of County Road 104 (CR 104) from 0.5 miles south of State Highway 29 to State Highway 130 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Briggs described the item and reviewed the area that will be under construction with this agreement He said this is a project the City was requested to consider from Commissioner Covey of the Commissioner's Court. He said the City has done this before where the County would design and construct the roadway to the Citys standards and then they would turn the project over to the City for ongoing maintenance. He noted there are safety issues along the roadway and this project is long overdue. Motion by Berryman, second by Sansing to approve the Interlocal Agreement. Oliver asked and Briggs said the northern section of CR104 is approved and it is going to be part of the school project with the County. Oliver said and Briggs confirmed the southern portion of CR104 is a part of the road that the City will improve when the Southeast Arterial One project is completed. Sattler asked and Briggs said this is not a cost sharing agreement. Briggs added the County is building, designing and paying for construction and, once finished, the road will be turned over to the City for ongoing future operations and maintenance. Vote on the motion: Approved 7-0. N Consideration and possible action to approve a Resolution of Support and partnership with the 2010 Census -- Paul E. Brandenburg, City Manager Brandenburg described the item and said, last month, a representative with the Census Bureau gave an overview of what will be happening over the next couple of years to make sure every person is counted He said he spoke with Spade -Simeon about the City's involvement in the Census now and into the future. He said this will not demand any additional staff time. Motion by Sattler, second by Oliver to approve the resolution. Brainard asked and Brandenburg confirmed the County is participating in the same kind of activity with the Census. Brandenburg said the City is working with the County to ensure their data is accurate and matches the City's data. Brainard asked and Brandenburg confirmed the County is working with the Census Bureau in a similar fashion as the City. Ross asked and Brandenburg said it is the County's responsibility to count the extra -territorial jurisdiction. Approved 7-0 O Second Reading of an Ordinance closing a portion of a street known as "Highland Drive" between 2, `h Street and Industrial Avenue and abandoning said portion of Highland Drive -- Terry Jones, Construction Manager Jones read only the caption of the Ordinance on second reading. Motion by Sansing, second by Eason to approve Ordinance 2009-25. Approved 7-0 P Second Reading of an Ordinance for a Rezoning to amend an existing PUD, Planned Unit Development, for 0.661 acres in the Snyder Addition, Block 7 (E/PT), located at 1008 E. University Avenue, also known as the San Gabriel House Bed & Breakfast -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Acting Director of Community Development City Council Meeting Minutes/May 12, 2009 Page 4 of 6 Pages Wyler described the item and read only the caption of the Ordinance on second reading. Motion by Eason, second by Berryman to approve Ordinance 2009-26. Approved 7-0 Q Second Reading of an Ordinance for a Comprehensive Plan Amendment package, changing text, maps and associated materials pertinent to the 2030 Plan Annual Update staff -proposed amendment list -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director of Community Development Maddox described the item read only the caption of the Ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2009-27. Approved 7-0 R Second Reading of an Ordinance for a Rezoning to amend an existing Planned Unit Development for 28.429 acres in the Foy Survey also known as Sun City Neighborhood Fifty-two, located near the intersection of Pedernales Falls and Cool Springs Way -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director of Community Development Maddox described the item and read only the caption of the Ordinance on Second Reading Motion by Sattler, second by Berryman to approve Ordinance 2009-28. Approved 7-0 S Public Hearing and possible action on an amendment to the Sun City Development Agreement, amending the Sun City Concept Plan, to accommodate the Sun City Softball Park and Community Gardens, located on Sun City Blvd -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director of Community Development Maddox described the item and said the reason for this amendment to the Development Agreement is to establish uses for the Concept Plan which would allow for zoning for the Sun City Softball Field and Community Gardens. He spoke about the history of the Development Agreement and said this would just be a small change to the agreement and would not affect past issues. Public Hearing was opened at 6:58 p.m. Speaker, Byron Raynie, said he is speaking in support of this item and noted this will be the ninth amendment and he is supporting this because it gives a much desired amenity to Sun City. He added there are hundreds of Georgetown residents who use the Community Gardens. He said he urges Council to approve the amendment with no revisions. Public Hearing was closed at 7:00 p.m. Motion by Berryman, second by Sattler to approve the amendment. Approved 7-0 T Public Hearing and First Reading of an Ordinance for a Rezoning to amend and increase the acreage of an existing PUD, Planned Unit Development, for 25.43 acres in the Burrell Survey, located on Sun City Boulevard, to be known as Sun City Neighborhood 61, including the Softball Park and future residential -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director of Community Development Maddox described the item and said this is the zoning for the site of the Softball and Dog Park. He described the history of neighborhood sixty one. He said the applicant has proposed to amend the old neighborhood sixty one to accommodate these new amenities. He said there will also be up to 30 residential units to the West. He said staff is recommending the change and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Sattler to approve the Ordinance on first reading. Public Hearing was opened at 7:03 p.m. No persons were present to speak on this item. Public Hearing was closed at 7:03 p.m. Vote on the motion: Approved 7-0 U First Reading of an Ordinance amending Section 10.16.030. of the Code of Ordinances establishing a two hour zone on the west side of Church Street between 7th and 8th Streets and both sides of 9th Street between Main Street and Austin Avenue, and the south side of 8th starting at the east curb line of Church Street to a point approximately 75 feet to the west -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City City Council Meeting Minutes/May 12, 2009 Page 5 of 6 Pages Manager for Utility Operations Miller described the item and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. He said, on February 13, 2007, Tom Yantis presented an item where the City did a survey of the downtown area and whether or not the City should expand the two hour parking zone He noted Council voted to deal on any other parking spaces on a case by case basis. He said there have been numerous requests for additional two hour parking zones. He described the three places, saying it would benefit the new Thai restaurant, Chantal's restaurant, and Georgetown Lock and Key. He said there were fourteen surveys on that street and all but one was in favor of this change. He said the two hour parking signs are up, but staff realized they are only enforceable until after Council approves the parking changes. Brandenburg said that last part is important because, while they are marked, it is important to be able to enforce it. Motion by Sansing, second by Oliver to approve the Ordinance on first reading. Approved 7-0. Motion by Ross, second by Oliver to adjourn. Adjourned at 7:09 p.m. Adjournment The meeting was adjourned at 10:30 PM. Approved : Mayor George Garver City Council Meeting Minutes/May 12, 2009 Page 6 of 6 Pages Attest: City Secretary Jessica Hamilton RESOLUTION NO. b 3aa A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AUTHORIZING THE MAYOR TO SIGN THE ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATED TO THE NORTH AND SOUTH AUSTIN BRIDGES PROJECT. WHEREAS, the Texas Transportation Commission passed Minute Order Number 114335, authorizing the State to undertake and complete a highway improvement generally described as reconstruct the North and South Austin Avenue bridges from 2nd Street to Morrow Street, Georgetown, Texas called the "Project"; and, WHEREAS, for the Project the term reconstruct includes replacement, rehabilitation, preservation, protection, and/or anti-icing/deicing for bridges and tunnels on a public road; and WHEREAS, as part of the administration of the Project, the Capital Area Metropolitan Planning Organization, by resolution number 2014-11-4, awarded the City of Georgetown a total of $1,299,174 in Surface Transportation Program Metropolitan Mobility (STP -MM) for the Project; and WHEREAS, in order to determine which alternative best serves the interests of the citizens of Georgetown, the City supports a study of alternatives including the following (1) do nothing, (2) alternative alignment, (3) maintenance, (4) rehabilitation/preservation and/or (5) replacement through a public involvement process which is also a requirement of the National Environmentally Policy Act (NEPA); and WHEREAS, the STP -MM award by CAMPO, using the term reconstruct, may require the City of Georgetown to submit to CAMPO a Transportation Improvement Project (TIP) amendment in the Spring of 2017 based on the decision resulting from the range of alternatives undertaken by the City of Georgetown; and WHEREAS, TxDOT works with the Federal Highway Administration (FHWA) and other federal agencies to comply with the National Environmental Policy Act (NEPA.) and uses the TxDOT environmental compliance process for state and local projects, where TxDOT is the state approval authority; WHEREAS, the Advance Funding Agreement between TxDOT and the City allocate funds including a City contribution of $142,000 for the environmental review and is required for TxDOT approval. Resolution No. ban A 1 L.o - L Page 1 of 2 Date Approved 3 I a? NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS: SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION TWO. The City Council of the City of Georgetown finds it to be in the best interest of the citizens of Georgetown to enter in the Advance Funding Agreement with the Texas Department of Transportation related to the North and South Austin Avenue Bridges Project. SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the Advance Funding Agreement and the City Secretary to attest thereto, on behalf of the City. SECTION FOUR. This Resolution shall become effective on the c�aday of mp-r 2016. PASSED AND APPROVED on the acl day of ire 6 , 2016. ATTEST: CITY OF GEORGETOWN, TEXAS S By: Shelley Nlin City Secre Dale Ross, Mayor APPROVED AS TO FORM: -� Charlie McNabb, City Attorney Resolution No. O 3LZk 1 l e— L. Page 2 of 2 Date Approved 3