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