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HomeMy WebLinkAboutAgenda CC 10.10.2006Notice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, October 10, 2006 The Georgetown City Council will meet on Tuesday, October 10, 2006 at 06:00:00 PM at City Council Chambers, at the northeast corner of Seventh and Main Streets, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. An agenda packet, containing detailed information on the items listed below, is distributed to the Mayor, Councilmembers, and the Georgetown Public Library no later than the Saturday preceding the council meeting. The library's copy is available for public review. Please Note: This City Council Meeting will be video taped live without editing and shown on the local cable channel. 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 -Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - Application by MUD 19 for a Sewer Utility Certificate of Convenience and Necessity - Stanford v. City of Georgetown , Cause No. 06-634-C26, fled in the 26th Judicial District of Williamson County, Texas B Sec.551.087: Deliberations Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations. 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.) C Call to Order D Pledge of Allegiance E Comments from the dais - Welcome to Audience and Opening Comments - Review of procedure for addressing the City Council - Announcement of two vacancies on the Main Street Advisory Board F Announcements and Comments from City Manager G Public Wishing to Address Council City Council Agenda/October 10, 2006 Page 1 of 7 Pages - Keilh Peshak regarding amendment to the Ordinance relating to motor -assisted scooters and mopeds. H Action from Executive Session 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. Consideration and possible action to approve the minutes of the Council Workshop on Monday, September 25, and the Council Meeting on Tuesday, September 26, 2006 — Sandra D. Lee, City Secretary Consideration and possible action to approve the award of annual bid for flowable fill to Centex Materials in the estimated amount of $25,000.00 — Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration K Consideration and possible action on a Public Review Final Plat for 32.968 acres in the Frederick Foy Survey, Abstract #229, to be known as the Planned Unit Development of Sun City PUD, Neighborhood Fifty -Three, located approximately 1 1/2 mile west of the intersection of Sun City Blvd and Cool Springs Way on Pedernales Falls Drive — Melissa McCollum, AICP, Planner II and Bobby Ray, AICP, Director of Planning and Development Services L Consideration and possible action to regarding a resolution granting a petition and setting public hearing dates for the voluntary annexation into the City for 55.16 acres, more or less, in the William Addison Survey and Lewis P. Dyches Survey, for Inner Loop, SE, from Austin Avenue east and north to approximately 400 feet south of Belmont Drive -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner M Consideration and possible action regarding a resolution granting a petition and setting public hearing dates for the voluntary annexation into the City for 0.26 acres, more or less, in Lewis P. Dyches Survey, located south of SE Inner Loop for, DEB Longhorn LLP and Longhorn Junction LLP utility easement — Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner N Consideration and possible action regarding a resolution granting a petition and setting public hearing dates for the voluntary annexation into the City for 51.50 acres, more of less, in the Lewis P. Dyches Survey, located southwest of FM 1460 and Georgetown Inner Loop, for a portion of the Long Junction Red Tract — Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner O Consideration and possible action to authorize the City Manager to execute settlement agreements regarding a class action suit entitled Lynn C. Mikos, at al vs. AT&T Corp., at a/ - Texas regarding the reimbursement for and the granting of permanent easements for telecommunications cable systems that are presently located in the right-of-way adjacent to City owned property — Patricia E. Carls, City Attorney P Consideration and possible action to approve a Resolution authorizing the Mayor to execute an Interlocal Agreement with the Georgetown Independent School District regarding Cable Television Services on Cable Channel 10 — Paul Brandenburg, City Manager Q Consideration and possible action to authorize City Manager Paul Brandenburg to sign a contract permitting the Georgetown Public Library to receive direct financial aid in the amount of $5,998.00 from the Texas State Library and Archives Commission — Eric Lashley, Library Director and Randy Morrow, Director of Community Services Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: R Clarification of grant application and consideration of authorization for the City of Georgetown and the Georgetown Public Library to submit an application to the Lower Colorado River Authority (LCRA) for a grant of $50,000 for shelving for the new library — Eric Lashley, Library Director and Randy Morrow, Director of Community Services City Council Agenda/October 10, 2006 Page 2 of 7 Pages S Consider. bon and possible action to authorize library staff to purchase books from Ingram, Inc. in an amount not to exceed $110,000 for fiscal year 2006-07 -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services T Consideration and possible action to approve a resolution regarding the updated long-range plan of the Georgetown Public Library as recommended by the Georgetown Library Advisory Board -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services U Consideration and possible action to approve award of bid for Police vehicles to Philpott Ford in the amount of $550,014.00 — Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration V Consideration and possible action to approve award of bid for vehicles to Philpott Ford and Don Hewlett Chevrolet in the amount of $612,701.00 — Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration W Public Hearing and consideration and possible action regarding a resolution stating that the City elects to ecome eligible to participate in a property tax abatement for Citigroup North America, Inc.; and regarding the proposed creation of a reinvestment zone on the property generally described as being 51.50 acres out of the Lewis P. Dyches Survey, Abstract No. 180 in Williamson County, Texas, being a portion of a 120.3 acre tract conveyed to Obvert Brabandt in Volume 395, Page 620 of the Official Records of Williamson County — Mark PThomas, Economic Development Director and Paul Brandenburg, City Manager X Consideration and possible action regarding a resolution expressing official intent to reimburse net costs for the purchase of the 2006/07 General Capital Projects and Equipment, as well as Water Services and Electric Improvements, not to exceed $13,989,050 with proceeds from bonds that will be issued at a later time — Micki Rundell, Director Finance & Administration Y Consideration and possible action to amend the contract between the Brazos River Authority and the City of > Jta 4J✓� Georgetown for the Williamson County Regional Raw Water Line — Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager of Utility Operations Z Consideration and possible action to give staff direction on expansion of the downtown two-hour parking zone — Tom Yantis, Assistant City Manager AA Consideration and possible action to award the contract to H. Deck Construction Co. of Round Rock, Texas, for the construction of 1,220 linear feet of curb and gutter at the Old Mill Village construction site located at 17th { J and Leander St. for a base bid plus add alternate for a total of $104,086.00 — Mark Miller, Transportation �L�n"tu� Services Manager, Jim Briggs, Assistant City Manager for Utility Operations BB Consideration and possible action on a Preliminary Plat for 125.04 acres in the William Addison Survey, A-021, and Francis A. Hudson Survey, A-295, to be known as La Conterra Subdivision, located west of the extension of Maple Street and south of Inner Loop — Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director of Planning and Development Services CC City Council -Appointed Boards and Commissions 1. Consideration and possible action regarding the recommendation of the Housing Advisory Board to approve the Housing Advisory Board Bylaws — Tom Yantis, Assistant City Manager 2. Consideration and possible action to replace or to abolish the city s HARC organization — Henry Carr, Councilmember District 4 3. Consideration and possible approval of a resolution to direct staff to amend section 2A.0308 of Ordinance No. 2001-48 to change the appeal process for denials from the Historic and Architectural Review Commission (HARC), enabling denials to be appealed to City Council instead of to the Board of Adjustment — Doug Smith, Councilmember District 3 DD Second Readings 1. Second Reading of an ordinance amending Tide 8, Health and Safety, Chapter 8.16 Noise Control, of the Georgetown Municipal Code; prohibiting noises disturbing to reasonable persons; establishing a permit requirement for certain noises; setting permissible decibel levels; establishing penalties of not less than $100.00 nor more than $2000 per violation — David Morgan, Chief of Police and Paul E. Brandenburg, City Manager City Council Agenda/October 10, 2006 Page 3 of 7 Pages 2. Second Reading of an ordinance to amend Chapter 10.04 of the Code of Ordinances of the City of Georgetown pertaining to riding of bicycles, mopeds, electric bicycles, pocket bikes or minimotor bikes, motor assisted scooters, and neighborhood electric vehicles to establish restrictions on the locations and manner of the use and operation of such vehicles, providing definitions, and establishing parental liability for a child's unlawful use and operation of such vechicles, and providing fines and penalties — David Morgan, Police Chief 3. Second Reading of an Ordinance Rezoning from AG, Agricultural district to PUD, Planned Unit Development for 32.968 acres in the Frederick Foy Survey, Abstract #229, to be known as the Planned Unit Development of Sun City PUD, Neighborhood Fifty -Three, located approximately 1 1/2 mile west of the intersection of Sun City Blvd and Cool Springs Way on Pedernales Falls Drive — Melissa McCollum, AICP, Planner II and Bobby Ray, AICP, Director of Planning and Development Services 4. Second Reading of an Ordinance rezoning from AG, AGricultural district to C-3, General Commercial, TH, Townhouse district, and MF, Multifamily district for the 52 acres in the John Berry Survey, located between Inner Loop and SH130 at 1800 FM971 — Jennifer Bills, Planner I and Bobby Ray, AICP, Director of Planning and Development Services 5. Second Reading of an Ordinance rezoning from RS, Residential Single Family District to MU -DT, Mixed Use Downtown District for a 0.4133 acre part of Lost Addition, part of Block 68, located at 407 W. University -- Rebecca Rowe, Historic District Planner Bobby Ray, AICP, Director of Planning and Development Services 6. Second Reading of an Ordinance for a Comprehensive Plan Amendment to change the Intensity Level from Levels 2, 3, and 5 to Level 4 for 52 acres; and to change the Future Land Use from Residential to Office/Retail/Commercial for a section of the 52 acres in the John Berry Survey, located between Inner Loop and SH130 at 1800 FM971 — Jordan Maddox, Planner 1 and Bobby Ray, AICP, Director of Planning and Development Services EE Public Hearings/First Readings 1. First Reading of an ordinance designating a contiguous geographic area within the City of Georgetown, consisting of approximately 85(+/-) acres in size, approximately three quarters of a mile along the southbound frontage road of Interstate 35, between Northwest Boulevard on the north end and the north fork of the San Gabriel River on the south, for tax Increment financing purposes pursuant to Chapter 311 of the Texas Tax Code; and creating a Board of Directors for such zone — Tom Yantis, Assistant City Manager 2. First Reading of an Ordinance Comprehensive Plan Amendment to change the Intensity Level from Levels 2 and 3 to Level 4 for 125.04 acres in the William Addison Survey, Abstract 21, and the Francis A. Hudson Survey, Abstract 295, also to be known as La Conterra Subdivision, located west of the extension of Maple Street and south of Inner Loop — Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services 3. Public Hearing and First Reading of an Ordinance Rezoning from AG, Agricultural district to RS, Residential single-family district, for 125.04 acres in the William Addison Survey, A-021, and Francis A. Hudson Survey, A-295, to be known as La Conterra Subdivision, located west of the extension of Maple Street and south of Inner Loop — Melissa McCollum, AICP, Planner II and Bobby Ray, AICP, Director of Planning and Development Services FF Voluntary Annexation Public Hearings 1. Public Hearing on the voluntary annexation into the City for 55.16 acres, more or less, in the William Addison Survey and Lewis P. Dyches Survey, for Inner Loop, SE, from Austin Avenue east and north to approximately 400 feet south of Belmont Drive — Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner 2. Public Hearing on the voluntary annexation into the City for 0.26 acres, more or less, in Lewis P. Dyches Survey, located south of SE Inner Loop for, DEB Longhorn LLP and Longhorn Junction LLP utility easement — Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner 3. Public Hearing on the voluntary annexation into the City for 51.50 acres, more of less, in the Lewis P. City Council Agenda/October 10, 2006 Page 4 of 7 Pages 6p Council Meeting Date: October 10, 2006 Item No. _ AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to execute the third amendment to the Williamson County Regional Raw Water Line Agreement between Brazos River Authority and City of Georgetown, City of Round Rock and Jonah Special Utility District. ITEM SUMMARY: The City of Georgetown entered into the original agreement to construct, finance, and operate the Williamson County Regional Raw Water Line on July 9, 1986. The contract has been amended twice and supplemented by other agreements over the years. The third amendment modifies the definition of "Stillhouse Supply Agreements" to clarify the source of water to be "from multiple and varied Brazos River Authority water supply sources". SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: None _GUS BOARD RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends execution of the 3rd Amendment to the contract. None ATTACHMENTS: Contract Amendment Submitted By: Glenn Dishong, Water Services Manager Assistant Cit}` Manager for Utility Operations N THIRD AMENDMENT OF AGREEMENTS AMONG CUSTOMERS This THIRD AMENDMENT OF AGREEMENTS AMONG CUSTOMERS ("Amendment of Agreements") made and entered into this day of , 2006, by and between BRAZOS RIVER AUTHORITY ("Authority"), CITY OF GEORGETOWN ("Georgetown"), CITY OF ROUND ROCK ("Round Rock"), JONAH WATER SPECIAL UTILITY DISTRICT ("Jonah's, BRUSHY CREEK MUNICIPAL UTILITY DISTRICT ("Brushy Creek"), AND CHISHOLM TRAIL SPECIAL UTILITY DISTRICT ("Chishohm"). 1. RECITALS: a. Authority and Georgetown, Round Rock and Jonah ("Participants") entered into the "Williamson County Regional Raw Water Line Agreement Between Brazos River Authority And City Of Georgetown, City Of Round Rock and Jonah Water Supply Corporation" (`Base Agreement") on July 9, 1986. Underlying the Base Agreement are raw water contracts between Authority and Participants respectively, which are collectively defined in the Base Agreement as the "Stillhouse Supply Agreements". b. The Base Agreement was amended by "Amendment No. 1 to Williamson County Regional Raw Water Line Agreement", dated January 9, 1997. c. Following this amendment, Brushy Creek and Chisholm ("Additional Participants") became Participants in agreements dated October 1, 1998, March 15, 1999, respectively ("Additional Participant Agreements"). Underlying the Additional Participant Agreements are raw water contracts between Authority and Additional Participants respectively, which are defined in the Additional Participant Agreements as "Supply Agreements". d. The Base Agreement was again amended by "Second Amendment to Williamson County Regional Raw Water Line Agreement By And Between Brazos River Authority And City Of Georgetown, City Of Round Rock, And Jonah Water Special Utility District" ("Second Amendment"), dated March 23, 1999, which among other modifications, replaced the definition of "Stillhouse Supply Agreements" with a new definition which incorporated all then -present raw water contracts between Authority and Participants and Additional Participants ("Customers") in which water would be transported from Lake Stillhouse Hollow to Lake Georgetown through the Williamson County Regional Raw Water Line ("Project"). e. Then, the Base Agreement and Additional Participant Agreements (collectively "Multiple Agreements') were amended by "Supplemental Agreement Respecting Williamson County Raw Water Line" dated May 20, 1999, which allowed for the Texas Water Development Board to participate in the Project. f. Finally, the Multiple Agreements were amended by "Amendment Of Agreements Respecting Construction And Operation Of Williamson County Raw Water Line" dated April 17, 2000, which modified Subsection 5(b) of Base Agreement and Subsection 6(b) of the Additional Participant Agreements. g. In the interim, the Stillhouse Supply Agreements and Supply Agreements have undergone multiple modifications. h. In order to avoid ambiguity in the Multiple Agreements due to the changes in the Stillhouse Supply Agreements and Supply Agreements this Third Amendment of Agreements shall modify the definition of "Stillhouse Supply Agreements" as defined in the Base Agreement and modified in the Second Amendmen , and "Supply Agreements" as defined in the Additional Participant Agreements. 2. AMENDMENT TO DEFINITIONS: Section 2. Definitions (cc) "Stillhouse Supply Agreements" of Base Agreement as modified by Second Amendment, and Section 1. Definitions (z) "Supply Agreements" of Additional Participant Agreements are deleted in their entirety and replaced with the following: "Stillhouse Supply Agreements": means the contracts for water supplied by the Authority from the Brazos River Authority water supply system which will be diverted from Lake Stillhouse Hollow and transported through the Project. The parties hereto acknowledge that the Authority may supply water under the Stillhouse Supply Agreements from multiple and varied Brazos River Authority water supply sources. The term "Stillhouse Supply Agreements" shall replace the term "Supply Agreements" throughout the entirety of the Additional Participant Agreements. 3. MULTIPLE COUNTERPARTS: Circulation of counterparts of this Amendment of Agreement among Customers to obtain the signatures of all Customers on the same copies hereof would be inconvenient and result in delay. Therefore, this Amendment of Agreements has been prepared in multiple copies with two copies being prepared for signature on behalf of Authority, on the one hand, and on behalf of each Customer, alone, on the other hand. When all copies have been signed on behalf of Authority and each of the copies prepared for the signature of each Customer has been signed by such Customer, Authority shall give written notice of such fact to all Customers and this Amendment of Agreements shall thereupon become effective. Authority shall retain possession of one copy of this Amendment of Agreement executed by it on the one hand and each Customer on the other hand. Each Customer shall receive possession of one copy executed by Authority on the one hand and by it on the other hand. This Amendment of Agreement, when it becomes effective, shall be binding on Authority and all Customers and subject to enforcement by any party against any other. IN WITNESS WHEREOF, the parties have caused this amendment to be duly executed, intending to be bound thereby on this the _ day of 2006. ATTEST: 2 BRAZOS RIVER AUTHORITY M Phil Ford, General Manger/CEO "Authority" ATTEST: 3 CITY OF GEORGETOWN 13'1 "Georgetown" Mayor Council Meeting Date: SUBJECT: October 10, 2006 AGENDA ITEM COVER SHEET Item No. �) A Consideration and possible action to award the contract to H. Deck Construction Co. of Round Rock, Texas, for the construction of 1,220 linear feet of curb and gutter at the Old Mill Village construction site located at 17th and Leander St. for a base bid plus add alternate for a total of $104,086.00. ITEM SUMMARY: On September 18, 2006, bids were received for construction of the Old Mill Village Street and Drainage Improvements. There was one qualified bidder who submitted the required documents — H. Deck Construction Co. of Round Rock, Texas. SPECIAL CONSIDERATIONS: FINANCIAL IMPACT: $70,000.00 to be paid out of the Community Development Block Grant $34,086.00 to be paid out of the 06/07 Street Capital Improvement Fund GUS BOARD RECOMMENDATION: This item was recommended by the GUS Board for Council approval at the September 20, 2006 GUS Board meeting. STAFF RECOMMENDATION: COMMENTS: ATTACHMENTS: 1. Engineer Letter of Recommendation 2. Bid Tab Submitted By: Mark Miller, JimBri Transportation Services Assistant City Manger Manager for Utility Operations ingineering ulter 588 R000d Rock Wort D1ko. Su Ra 101 Round Rock. Tema 78881 September 19, 2006 Michael Hallmark, CIP Coordinator Georgetown Utility Systems City of Georgetown, Texas 300-1 Industrial Avenue Georgetown, TX 78626 Re: Old Mill Village Street and Drainage Improvements Dear Mr. Hallmark: On September 18, 2006 at 2:00 p.m., bids were received at the Utility Systems Conference room for construction of the referenced project. One qualified bidder submitted the required documents. H -Deck Construction Company of Round Rock, Texas provided the low bid in the amount of Ninety -Nine Thousand Two Hundred Eighty -Six dollars and No Cents ($99,286.00). Therefore, it is our recommendation that the City award the project to H -Deck Construction Company. Sincerely, James)B. Coulter, P.E. Phone:(512)248-1800 Fax:(512)248-9903 iouster ngineering 595 Round Rock Wwt Dr1Vs, Sults 101 Round Rock, Texas 78681 Phone. 512-248-1800 Fax 512-248-9903 TEM ITEM DESCRIPTION NO CITY OF GEORGETOWN, TEXAS OLD MILL VILLAGE STREET AND DRAINAGE IMPROVEMENTS H -DECK CONSTRUCTION COMPANY UNIT QUANTITY 1601 OXFORD DRIVE ROUND ROCK, TEXAS 78664 UNIT PRICE AMOUNT BID DATE: SEPTEMBER 18, 2006 BID TIME: 2:00 P.M. C.E. JOB NO, 201-189 Al Mobilization, Bonds, and Insurance EA. 1 $ 5,200.00 $ 5,200.00 A2 Traffic Control Plan for Pedestrian and Vehicular Traffic L. S. 1 $ 7,000.00 $ 7,000.00 A3 Barricades and Traffic Control Implementation EA. 1 $ 6,000.00 $ 6,000.00 A4 Tree Protection and Existing Erosion Control Maintenance EA. 1 $ 2,000.00 $ 2,000.00 B1 Reve etalion of Disturbed Areas S.Y. 170 $ 2.00 $ 3,400.00 B2 Standard Curb and Gutter L.F. 122 $ 32.00 $ 39,040.00 B3 Concrete Approach Driveway S. F. 296 $ 16.00 $ 4,736.00 B4 JADA Accessible Sidewalk Ramps EA. 1 $ 2,300.00 $ 27,600.00 B5 Adjust Rim of Exising Manhole, 10'x10' Concrete L.S. 1 $ 3,500.00 $ 3,500.00 B6 Triangular Filter Dike EA. 1 $ 150.00 $ 150.00 B7 Silt Fence LF 11 $ 6.00 $ 660.00 C1 Add Alternate Concrete Valley Gutter EA 1 $ 4,800.00 $ 41800.00 TOTAL OLD MILL VILLAGE STREET AND DRAINAGE IMPROVEMENTS $ 104 086.00 Bid Tabulation List