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HomeMy WebLinkAboutMIN 12.10.1996 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Leo Wood presiding. Council Present George Arroyos Lee Bain Charles "Ross" Burson Shelley Pierre Davis Susan Hoyt Ferd Tonn Dick Vincent Staff Present: Bob Hart, City Manager Marianne Landers Banks, City Attorney Sandra D. Lee, City Secretary Elizabeth Gray, Dir. of Information Resources Jim Briggs, Dir. of Community -Owned Utilities Bill Shanklin, Fire Chief Ed Barry, Dir. of Development Services. Hartley Sappington, Dir. of Community Svcs. Susan Morgan, Dir. of Finance & Admin. Council Absent: None Murray Blackman, Asst. to City Mgr. Leon Henderson, Conservation Mgr. Marvin Gordy, Engineering Technician Clay Shell, Fire Lieutenant Lisa Miller, GIS Coordinator Mickie Rundell, Accounting Director Hildy Kingma, Chief Planner John Early, Water/Wastewater Supt. Policy Development/Review Workshop - Called to order at 5:15 p.m. A Discussion of City Investment Report/Susan Morgan Morgan explained that the City is still a member of TexPool, but would like to do some investing with LOGIC, requiring an interlocal agreement. Morgan also reviewed a wording change in the investment policy clarifying the City's priorities of safety, liquidity, and highest yield. City Council Meeting Minutes/December 10, 1996 Page 1 of 13 Pages B Answer questions on Statutory Consent Agenda Items listed specifically below under the Regular Session that will begin no sooner than 7:00 p.m. (For questions only, no action to be taken until Regular Session) Item I - Bain corrected the minutes to include that he had abstained from Item P on the last council Agenda. Item M - Bain asked the relationship of the new Facilities Development Corporation with the current Hospital Authority. Hart explained that the new Facilities Development Corporation would eliminate the need for the Hospital Authority, and the financing for the hospital would be easier under the new Development Corporation. Item N - Vincent asked if there were any requests for proposals sent in the immediate area of Georgetown. He was told there were no vendors in the immediate area. Item S - Hoyt questioned the types of materials to be used at the Burger King, and was told that was not known at this time. Item V - Bain questioned why the variance was necessary and if there were some way to prevent this from happening again in the future. Kingma explained that the building plans were not at the site, so setbacks were measured incorrectly and the mistake was not caught until after the concrete forms had been poured. Kingma stated that the Planning and Zoning Commission suggested adding another survey to be done at that stage of construction to prevent these kinds of problems from happening in the future. Regular Session - Called to order at 6:27 p.m. Executive Session - C Sec.551.071 consultation with attorney D Sec.551.072 deliberation on real property E Sec. 551.075 conference with employee El See. 551.074 personnel matters (added to Agenda after packets distributed, re posted on 12-6-96) 6:28 p.m. Recessed ®pen Session to convene Executive Session Regular Session - Resumed at 7:20 p.m. F Action on Executive Session Items There was no action taken on Executive Session items. City Council Meeting Minutes/December 10, 1996 Page 2 of 13 Pages G Mayor, Council, City Manager, and staff comments and reports Hart announced that Items AA & HH were being pulled from the Agenda. Mayor announced that Davis had been elected to serve on the Association of Black Councilmembers. Mayor wished everyone a Merry Christmas and Happy New Year, announcing that this would be the last meeting for 1996. H Citizens wishing to address the Council Steve Doering, told Council he had a problem with the impact analysis done by Arthur Anderson Company. He asked Council if they truly believed the figures in that report. Davis said he believed the figures in the report, based on the figures given to them from Power Computing. Vincent felt that overall the City would benefit. Hoyt said she felt there were no guarantees, but felt she could vote for the Power Computing Agreement. Tonn said he feels more comfortable with the revised figures. Arroyos said he is comfortable with the figures. He said those figures are not the only basis for his decision to be in favor of Power Computing. Bain said the agreement language will protect the City, no matter what the figures say, and he said that based on the credibility of the people involved, he is comfortable. Burson said he is comfortable with the figures, and that if the Council doesn't try to bring economic development to Georgetown, the City will revert back to the economic conditions of the late 70's and early 80's. Wood recalled the deliberations of the Council in deciding to bring Sun City to Georgetown, which he noted is now a $2 billion industry for Georgetown. He feels the Power Computing agreement will bring jobs to Georgetown. City Council Meeting Minutes/December 10, 1996 Page 3 of 13 Pages Doering said the Council went beyond what he had requested. He said he was not questioning whether Power Computing should come to Georgetown. He said he was questioning whether the Council believed the figures in the Study, because if the figures are true, the City would no longer have to collect property taxes. He said he feels the Andersen Study is not a good tool with which to judge the Power Computing deal. Statutory Consent Agenda I Consider approving the minutes for the regular meeting of November 26, 1996 -- Sandra Lee J Consider acceptance of the City's Investment Report for Quarter Ended September 30, 1996 -- Micki Rundell and Susan Morgan K Consider a resolution revising the current City of Georgetown Investment Policy -- Susan L Consider a resolution approving and authorizing execution of an interlocal agreement for participation in Local Government Investment Cooperative (LOGIC), a public funds investment pool -- Susan Morgan M Consider a resolution authorizing and approving the creation of a Health Facilities Development Corporation and appointing members to serve as the Corporation's first Board of Directors -- Murray Blackman N Consider authorizing the staff to negotiate a contract with Dan Parr Associates, Inc. for Geographical Information System (GIS) Strategic Planning Services -- Elizabeth Gray O Consider utilizing temporary employees to install 4,100 water meters and replace 3,100 water meter registers on existing City meters, in conjunction with the Automatic Meter Reading System that is presently underway -- John Early and Jim Briggs P Consider approval of $48,478.00 for enhancements to the Park Water Treatment and Lake Water Treatment Plants' control systems by Central and Southwest Communications, Inc. (CSWC) -- John Early and Jim Briggs Q Consider authorizing engineering design and construction administration for completion of public improvements associated with the Power Computing Development Project not to exceed $50,000 -- Jim Briggs City Council Meeting Minutes/December 10, 1996 Page 4 of 13 Pages R Consider a Concept Plan of a 332.59 acre tract in the William Addison Survey, to be known as Devonshire Farms, located near State Highway 29 and Georgetown Inner Loop - - Hildy Kingma and Ed Barry S Consider a Detailed Development Plan of River Oaks IH35 Business Park, Lot 3, and Variances to the Subdivision Regulations; located at the IH35 Frontage Road and River Oaks Cove, to be known as Burger King -- Hildy Kingma and Ed Barry T Consider a variance to the Subdivision Regulations for the Resubdivision of Riverview Estates Subdivision, Block F. Lots 17, 18, and 19, located at 515 Riverview Drive -- Hildy Kingma and Ed Barry U Consider a variance to the Subdivision Regulations for River Bend Subdivision, Unit V, Phase I, Block A. Lot 15, located at 2803 Brandy Lane -- Hildy Kingma and Ed Barry V Consider a variance to the Subdivision Regulations for Berry Creek Subdivision, Section Six, Block B. Lot 11, located at 29004 Colonial Drive -- Hildy Kingma and Ed Barry W Consider a resolution authorizing the City Attorney to issue a quit claim deed to be filed partially abandoning the platted public utility easement located along the side lot line at Lot 11, Block B, Berry Creek, Section Six, located at 29004 Colonial Drive -- Hildy Kingma and Ed Barry Motion by Tonn, second by Davis to approve the Consent Agenda in its entirety. Approved 7-0. (Bain abstained from Item X) Legislative Regular Agenda X Second Reading of an ordinance providing for the annexation of approximately 1,228 acres in the William Roberts and John Berry Surveys, locally known as Berry Creek Subdivision, Sections 1-11, golf course and surrounding areas -- Clyde von Rosenberg and Ed Barry Barry explained that, at the last meeting, the Council had suggested some modifications before the second reading. He also pointed out a proposed change in the service plan which included (1) the construction of an additional fire station at the airport site to provide service to that portion of Georgetown; and (2) the installation of additional street lights by September 1, 1997. City Council Meeting Minutes/December 10, 1996 Page 5 of 13 Pages Greg Burtner, thanked Council for the proposed changes, and informed Council that a petition had been circulated showing that 90% of the Berry Creek residents are opposed to the annexation. He asked Council to prove to him that they had substantiation that some residents of Berry Creek were in favor of annexation. Wood answered that the Council would address that issue when Barry came back to the podium. Steve Doering, said he was aware that the annexation area has changed --some areas having been deleted. He said he now has seen a map and understands which areas have been deleted from the annexation. He asked Barry for a description of what percentages of the annexation area were being provided utilities by the City. Hart replied that all of the area except The Reserve would be served by Pedernales Electric. The Reserve will be served electricity by the City. Regarding water service, most of the Berry Creek area is now being served by the City, and most others are now provided with water service by Chisholm Trail. Hart said that wastewater would not be available unless the area is on the City's water system. Doering claimed that what he had heard from the Council was that they wanted to protect the area from undesirable development. He said he hoped that would be kept in mind. Mike Jackson addressed Burson as his designated representative. Wood asked Hart to explain the proposed method of doing some strip annexation in order to adjoin Berry Creek with District 5. Jackson noted that would allow the Berry Creek residents to vote in the May election. He said residents had been told there would be a Park put in the area, but that it had not yet materialized. He asked Council for plans for a park in Berry Creek. Wood noted that there were possibilities for grant funds that would be available for a park in that area. Jackson asked where the park would be placed. Wood noted that it was far too early in the process to be determined. Vincent noted that there were no parks in District 5 at this time. Jackson asked for representation on the Council prior to annexation. Jim Embree said that he understood there may have been some confusion as to his request in regard to the annexation. He said he figured that his office buildings would be taxed approximately $10,000. He noted that his property is within the Chisholm Trail area, which means he would never have the benefit of City water or sewer. He also stated that he is at the corner of the Interstate and a state highway, so City transportation would not apply to him. He also feels he has adequate police and fire protection at this time. He asked that his property be deleted from the annexation. He also asked that the LCRA transmission tower not be placed on the state highway. City Council Meeting Minutes/December 10, 1996 Page 6 of 13 Pages Wood asked Hart to respond to the transmission line. Hart said that he would need to visit with LORA about the latest discussions regarding placement of the line. Vincent noted that the county road going into Berry Creek would become a City street upon annexation. Charlie Barton commended the Council and City Manager on reevaluating the service plan and suggested that the residents of Berry Creek could possibly become strong allies of the City. Bain announced that he would not be voting on the Embree tract as a part of the annexed area due to conflict of interest. Barry read the caption of the ordinance. Torn asked and was told that the Vogler and Sybert tracts were included in the proposed annexation ordinance. Hart explained that the Council had been provided with three options which would allow them to pull tracts from the proposed annexation. Tonn asked how the property taxes were figured. Hart explained that the taxing is based on the production or income generated by the land, which allows certain tracts to receive an agricultural exemption. An unidentified woman in the audience questioned if the residential taxes would go higher if the other areas were deleted from the annexation. She asked for the same consideration for the Berry Creek Subdivision. Vincent said he felt taking tracts out of the annexation area would be harmful to the City's ability to protect the Berry Creek Subdivision. Motion by Hoyt, second by Vincent to approve the ordinance containing the entire area. Bain asked that the Embree tract be pulled from the vote. Hoyt and Vincent agreed to modify their motion to delete the Embree tract and to include the previously discussed services, and approved Ordinance 96-53 on second reading. Approved 7-0. Motion by Burson, second by Vincent to approve annexation of the Embree tract. Approved 6-0. (Bain abstained) Arroyos asked staff to look into including Berry Creek in Council District 5 so that they could have the opportunity to vote in the May General Election. City Council Meeting Minutes/December 10, 1996 Page 7 of 13 Pages Burtner asked again for documentation as to what percentage of the Berry Creek residents had supported annexation. Hart replied that he had probably spoken to a dozen residents. Y Second Reading of an ordinance rezoning a 2.403 acre tract in the Daniel Monroe Survey to be known as the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One -C, from RP, Residential Planned to C-1, Local Commercial, or any more restrictive district, located southwest of the intersection of Del Webb and Sun City Boulevards -- Hildy Kingma and Ed Barry Kingma read the caption of the ordinance. Motion by Tonn, second by Bain to approve Ordinance No. 96-54. Approved 7-0. Z Second Reading of an ordinance amending Exhibit 1 of the Century Plan - Development Plan for approximately 16 acres of a 44.01 acre tract in the Antonio Flores Survey, to be known as Crystal Knoll Terrace, Units Three and Four, located on Crystal Knoll Boulevard and CRI 52, from Intensity Level Three to Intensity Level Four -- Clyde von Rosenberg and Ed Barry Barry read the caption of the ordinance. Motion by Bain, second by Tonn to approve Ordinance No. 96-55. Approved 7-0. AA Second Reading of an ordinance rezoning a 1.81 acre tract in the Nicholas Porter Survey from RS, Residential Single Family to RP, Residential Planned, or any more restrictive district, located on Janis Drive -- Hildy Kingma and Ed Barry This item was pulled from the Agenda. BB Second Reading of an ordinance rezoning River Ridge, Section Two -A, Block R, Lot 1 from RM -2, Dense Multifamily to RS, Residential Single Family, or any district more restrictive than RM -2, located at 417 South Ridge Circle -- Hildy Kingma and Ed Barry Kingma read the caption of the ordinance. Motion by Tonn, second by Bain to approve Ordinance 96-56 on second reading. Approved 7-0. 8:25 p.m. Recessed - Resumed at 8:45 p.m. City Council Meeting Minutes/December 10, 1996 Page 8 of 13 Pages CC Consider authorizing the Mayor to execute an Economic Development Program Agreement and Purchase of Deal Property for development of the Power Computing Corporation Project and related site development -- Bob Hart Hart noted that the agreement in the packet had been modified after the Town Hall Meeting and asked Banks to explain the changes. Banks noted that the survey had been received changing the acreage in the agreement; and also noted a change relating to the date when Power would need to have their financing in place. There also was a paragraph added relating to the 4B Corporation/Dell agreement, stating that if the 4B is not able to proceed due to the petition drive, Power would consider the Dell "deal," but is not obligated to agree. Hart explained that the Dell "deal" would actually cost the City $6.6 million more than the existing agreement through the 4B Corporation. Hoyt confirmed that there would need to be another vote held in January, if the 4B Corporation were not allowed to continue. Sam Pfeister asked Council to take an extremely cautious look at the deal with Power Computing. He said he does not feel that turning away Power Computing would stop growth in Georgetown. He said he feels it is unfair to existing businesses to pay for tax abatements for incoming industry. He also said it would hurt the school district. He asked Council to delay their decision and allow the citizens to vote on whether Power Computing should come to Georgetown. Frank Parmenter commended Pfeister's statements. He asked Council to reconsider. He accused Hart of putting the "town in an uproar." He spoke of the 4B Corporation being an "abomination." Rebecca Pfeister spoke of being a third generation native of Georgetown, and asked the Council to vote against the Power Computing agreement. Kathy Heidemann said her group would continue with the petition drive and that she doesn't believe the figures in the impact analysis or the figures that were given to her in answer to her questions. She asked the Council to call an election whether or not the petition is presented. Wood asked her what questions he could answer for her. She stated that the economic study is a "joke," and that the Council is putting the City in jeopardy. City Council Meeting Minutes/December 14, 1996 Page 9 of 13 Pages Wood asked Jim Haskell, President of the 413 Corporation, to respond. Haskell said the 4B Board was asked to serve before they knew it would be a controversial situation. He said they saw their role as implementing whatever the Council decides, making sure the contract is carried out properly. He said the Board has not met with the CPA, Power Computing officials, or the property owners. Wood asked Hart to respond to the request for an election. Hart said there would be no time for an election because the City expects Power Computing to break ground in February. If the petition is valid, the 4B Corporation will go away. Davis said he responds as a representative of the people in his district who don't have the education or transportation to take jobs in Round Rock and Austin. He said he felt that Power Computing coming to Georgetown would supply a good job base for his constituents. He noted that Power Computing had already donated computers to the school district. He asked Hart if the financial exposure to the City was better or worse than that for Sun City. Hart replied that the exposure for Sun City was much greater. Vincent spoke of having discussed at the Council Budget Retreat the need to supplement the revenues for the City in order not to increase the tax rate and in order to keep the electric rates competitive. He said he feels Power Computing will be a very positive addition to the community. He spoke of the need to add to the electric load during times of the day when the residents have left the City for jobs in Austin. Hoyt said she doesn't want Georgetown to become a "bedroom community." She said she has faith in Power Computing. Tonn spoke of the figures being close enough to serve the purposes needed. He noted that the homeowners could not bear the majority of the responsibility to pay the taxes. Burson stated that he is also a Georgetown native, that his children and his grandchildren went and are going to Georgetown schools, and he would not do anything to harm the Georgetown schools. He said that, after much thought, he would vote the best way he could. Bain recalled the situation in Georgetown in the late 1980's, and spoke of the plan that was developed to get Georgetown to the point where it is today regarding economic development. He spoke of not being certain that the opportunity would come again, if Power Computing does not come to Georgetown. He spoke of none of the Council really City Council Meeting Minutes/December 10, 1996 Page 10 of 13 Pages liking tax abatements, but because it is done by other cities as a business incentive, it must be considered by Georgetown. He feels the agreement does a good job of protecting Georgetown, and has no problem with the Power Computing deal. He spoke of looking forward to having Power Computing in Georgetown. Arroyos asked if Davis needed any more time to complete his statement. Davis said he was born and raised here in this community, and would definitely not do anything to harm this community. He said he feels very confident that Power Computing and Georgetown will become a good "marriage," and plans to vote in favor of Power Computing. Arroyos thanked everyone for participating in the process. He encouraged everyone to stay involved. He spoke of the commonality of everyone caring about the livelihood of Georgetown. He said "quality of life" in Georgetown begins with a job. He commended everyone that has been involved with the 4B Corporation, and said that it is a very creative way to bring Power Computing to Georgetown. He noted other communities that have used 4B corporations for economic development. Motion by Arroyos, second by Davis to authorize the Mayor to execute the economic development agreement and bring Power Computing to Georgetown. Approved 7-0. DD First Reading of an ordinance amending Subsections B and C of Section 13.24.020 of the Code of Ordinances, relating to the surcharge for waste of abnormal strength - cost of testing -- John Early and Jim Briggs Early read the ordinance. Tonn asked if there were a charge right now, and Early replied that there is a $5.00 charge at this time. Motion by Torn, second by Burson to approve the ordinance on first reading. Approved 7-0. Arroyos and Davis commended Early for his work in producing a water conservation video last summer during the drought. EE First Reading of an ordinance to rezone 59.04 acres in the John Berry Survey from A. Agricultural to I, Industrial, or any more restrictive district, located southwest of the intersection of IH35 and SH195 -- Hildy Kingma and Ed Barry Kingma explained that this property is part of the area just annexed and would have come into the City as agricultural, but it was requested by the owner to be classified as industrial. She noted that, right now, County Road 190 is not substantial enough to handle City Council Meeting Minutes/December 10, 1996 Page 11 of 13 Pages industrial use. She said that staff had originally recommended to the Planning and Zoning Commission that the item be approved, but this recommendation comes to the Council with added specifics including that County Road 190 be improved, that mini -warehouses and salvage yards be prohibited, as well as other recommendations. She read the caption only on first reading after satisfying the requirements of the Charter. Motion by Tonn, second by Hoyt, to approve the ordinance based upon the recommendation of the Planning and Zoning Commission. Approved 7-0. FF First Reading of an ordinance for a rezoning of 3.5 and 1.51 acres in. the Clement Stubblefield Survey, from A. Agricultural to I, Industrial, or any more restrictive classification, located on South Austin Avenue -- Hildy Kingma and Ed Barry Kingma noted the location of the property, that the requested zoning is consistent with surrounding areas, and that the staff and the Planning and Zoning Commission recommend approval. Kingma read the caption only on first reading after satisfying the requirements of the Charter. Hoyt asked that the ordinance include a stipulation that mini -warehouses not be allowed because the tract is on an entry way into Georgetown. Motion by Hoyt, second by Burson, to approve the ordinance on first reading with the stipulation that mini -warehouses and salvage yards not be allowed. Approved 7-0. GG First Reading of an ordinance for a rezoning of 14.91 acres in the William Addison Survey, to be known as a part of Devonshire Farms, from RS, Residential Single Family to C-1, Local Commercial, or any more restrictive classification, located on the north frontage of State Highway 29 East between County Road 188 and Reinhardt Boulevard -- Hildy Kingma and Ed Barry Kingma explained that this property is within the Devonshire Farms Concept Plan already approved on the Consent Agenda at this meeting. She read the caption only on first reading after satisfying the requirements of the Charter. Motion by Tonn, second by Davis, to approve the ordinance on first reading. Approved 7-0. HH Consider amending the Zoning Ordinance to establish standards for wireless communication facilities within Georgetown by declaring an emergency and setting an effective date -- Sheree Rabe, Murray Blackman, and Wendy Walsh City Council Meeting Minutes/December 10, 1996 Page 12 of 13 Pages This item was pulled from the Agenda. II Consider scheduling evaluations of City Manager, City Attorney, City Secretary, and Municipal Judge for the Executive Session at a future Council Meeting -- Bob Hart Hart suggested that Council might want to schedule these evaluations on a night other than a Council Meeting date. It was decided to schedule the evaluations on Tuesday, January 7, at 5:30 p.m. 9:58 p.m. - recessed for Executive Session Regular Session - Resumed at 10:32 p.m. F Action on Executive Session Items There was no action taken on Executive Session items. Approved: Leo Wood, -Mayor City Council Meeting Minutes/December 10, 1996 Page 13 of 13 Pages Attest: Sandra D. Lee, City Secretary