HomeMy WebLinkAboutMIN 06.08.2004 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
Gary Nelon presiding.
Council Present, 11 Council Absent:
Patty Eason, Doug Smith, Henry Carr, John Kirby, I Gabe Sansing
Farley Snell, Ben Oliver
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager for Utilities; Trish Carls, City
Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Randy
Morrow, Director of Community Services; Amelia Sondgeroth, Director of Planning and Development;
Laurie Brewer, Controller; Leticia Zavala, Chief Accountant; Glenn Dishong, Water Services Manager;
Mark Miller, Transportation Services Manager; Mike Mayben, Energy Services Manager
Called to order at 5:00 p.m.
A Bond Election Training
for Citizen Bond
Committee, City Council,
Library Board, Economic Development
Commission
and
Parks
and
Recreation
Board
-- Carol
Polumbo,
Bond
Counsel
Yantis introduced Carol Polumbo of McCall, Parkhurst. Polumbo focused on what is allowed and not
allowed regarding providing information to the public concerning the proposed bonds. There were
questions and comments from the Council.
5:45 p.m. -- adjourned workshop
Regular Session to convene and continue Executive Session, if necessary
There was no Executive Session held at this meeting
B Sec.551.071: Consultation with Attorney
- Pending or Threatened Litigation
- Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline
- E.O. Sharp Butane Co., Inc. v. City of Georgetown, Texas, Cause No. A -04 -CA -299 -SS, in the United States District
Court, Western District of Texas, Austin Division
- Negotiations with LCRA on Power Agreement
- Legal Advice Regarding Agenda Items and other Matters
- Legal Issues Regarding Proposed Sale of Del Webb/Pulte "Northern Lands"
C Sec.551.087: Deliberations Regarding Economic Development Negotiations
- Potential abatements and incentives for prospective downtown development projects
D Sec.551.086 competitive matters
- Presentation and possible action to approve the 2004/2005 Electric Capital Improvement Projects Plan -- Michael W.
Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
City Council Meeting Minutes/June 8, 2004
Page 1 of 6 Pages
Regular Session
E Call to Order
The meeting was called to order at 6:04 p.m.
F Pledge of Allegiance
Mayor Nelon led the Pledge.
G Comments from the dais
- Welcome to Audience and Opening Comments -- Mayor Gary Nelon
Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures.
H Announcements and Comments from City Manager
Brandenburg noted that City of Georgetown Offices would be open while Federal and County
offices would be closed on Friday, June 11, as a day of mourning for the death of former President
Ronald Reagan.
I Public Wishing to Address Council
Keith Peshak regarding a plan for the airport.
Peshak spoke to Council about his opinion of the last Council Meeting, about his suggestion that
the City purchase airports throughout the state, and about airport insurance premiums.
J Action from Executive Session
There was no action from Executive Session.
• •
=0
K Consideration and possible action to approve the
minutes
of the
Council Workshop on Monday, May 24,
and the Regular City Council Meeting of Tuesday,
May 25,
2004
-- Sandra Lee, City
Secretary
Snell had questions for clarification and Carr had a correction regarding the minutes of Tuesday, May 259
2004.
L Consideration and possible action to appoint directors to the Georgetown Health Facilities Development
Corporation -- Gary Nelon, Mayor
Kirby questioned and Mayor Nelon explained the City's relationship to the Health Facilities Development
Corporation.
Motion
by
Carr,
second by Smith to
approve the Consent Agenda with the clarifications and corrections to the
minutes
of
May
25. Approved 6-0.
(Sansing absent)
Legislative Regular Agenda
M Consideration and possible action on the Red Poppy Festival 2004 Report from Main Street Board and
support to continue the Red Poppy Festival in 2005 -- Shelly Hargrove, Main Street Manager and Tourism
Coordinator and Randy Morrow, Community Services Director
Hargrove introduced Liz Atherton, Convention and Visitors Bureau (CVB) Board Member and Co -Chair of
the Red Poppy Festival and Cad Miller of CVB staff. Miller presented a slide demonstration of the 2004
Festival. Atherton recommended that the Council approve the Festival for 2005. She said they cleared
$6,850 for the Facade Fund, saying the event was very sucessful in spite of the rain.
Motion by Kirby, second by Eason to support the Red Poppy Festival for 2005. Approved 6-0. (Sansing
absent)
N Consideration and possible action to approve a resolution calling a Special Election on September 11,
2004, for the purpose of obtaining voter response to Proposition 13 -- Trish Carls, City Attorney
This item was moved to follow Item P-6.
O Second Readings
1. Second Reading of an ordinance amending the 2003/04 Annual Operating Plan Element
(Budget) for various adjustments relating to staff additions, contracts and capital improvements --
City Council Meeting Minutes/June 8, 2004
Page 2 of 6 Pages
Micki Rundell, Director of Finance and Administration
Rundell read only the caption of the ordinance on second reading.
Speaker, Keith Peshak, said there are items missing from the budget that pertain to the Airport.
He said the City needs a foam truck for plane crashes and a security program to prevent people
from breaking into the hangars.
Motion by Snell, second by Carr to approve Ordinance 2004-28. Approved 6-0. (Sansing
absent)
2. Second Reading of an ordinance amending Section 2.08.010 "Administrative Divisions and
Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Director of Finance and
Administration and Paul Brandenburg, City Manager
Rundell read only the caption of the ordinance on second reading. Motion by Smith, second by
Oliver to approve Ordinance 2004-29. Approved 6-0. (Sansing absent)
3. Second reading of an ordinance of the City of Georgetown renaming a portion of D.B. Wood
Road to Cedar Breaks Road and naming an unnamed street "Lake Overlook Road" which will
connect the new section of D.B. Wood Road to the Corp of Engineers' property -- Clay Shell,
Assistant Fire Chief and Anthony Lincoln, Fire Chief
Lincoln read only the caption of the ordinance on second reading. (Notion by Kirby, second by
Carr to approve Ordinance 2004-30. Approved 6-0. (Sansing absent)
4. Second Reading of an Ordinance Rezoning 3.073 acres in the C. Stubblefield Survey, from IN,
Industrial District to C-3, General Commercial District located at 516 Leander Road — Bobby Ray,
Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development
Services
Ray read only the caption of the ordinance on second reading. Motion by Smith, second by Kirby
to approve Ordinance 2004-31. Approved 6-0. (Sansing absent)
5. Second Reading of an Ordinance Rezoning from MF, Multifamily to OF, Office, for South San
Gabriel Urban Renewal, Block C, Lot 1 (part of), located at 1301 Scenic Drive — Bobby Ray, Chief
Development Planner and Amelia Sondgeroth, Director of Planning and Development Services
Ray read only the caption of the ordinance on second reading. Motion by Eason, second by Carr
to approve Ordinance 2004-32, Approved 7-0.
P Public Hearings/First Readings
3. Public Hearing to consider amending the following Sections of the Unified Development Code
(UDC): Table 2.01.020; 2.02.020(B); Table 3.01.020; 3.02.010(C)(15); 3.09.010; 3.11.010; 3.19;
4.05.040(6); 4.05.040(C); 4.06.020(E); 5.02.090; 5.05.030; 6.02.010; Table 6.02.020; 6.02.030(B);
Table 6.03.020; Table 12.03.020; 16.04 and 16.05 -- Bobby Ray, Chief Current Planner and
Amelia Songeroth, Director of Development Services
Ray explained each of the sections of the ordinance. There were questions from Council
regarding the amendments to be made. The Public Hearing was opened at 6:38 p.m.
Speaker, Jose Cuervo, told Council he represents the owners of 1627 Williams Drive, and said the
zoning was changed for an office but excludes a medical/dental practise. He said the owners will
build a new building for a medical/dental practise. Nelon asked Sondgeroth to explaiin and she
said a medical office would require a special use permit which would require a site plan. The
Public Hearing was closed at 6:43 p.m.
4. First Reading of an Ordinance amending the following Sections of the Unified Development
Code (UDC): Table 2.01.020; 2.02.020(8); Table 3.01.020; 3.02.010(C)(15); 3.09.010; 3.11.010;
3.19; 4.05.040(B); 4.05.040(C); 4.06.020(E); 5.02.090; 5.05.030; 6.02.010; Table 6.02.020;
6.02.030(8); Table 6.03.020; Table 12.03.020; 16.04 and 16.05 -- Bobby Ray, Chief Current
Planner and Amelia Songeroth, Director of Development Services
City Council Meeting Minutes/June 8, 2004
Page 3 of 6 Pages
Ray read only the caption of the ordinance on first reading after having satisfied the requirements
of the City Charter. Motion by Snell, second by Eason to approve the ordinance on first reading.
Approved 6-0. (Sansing absent)
1. Public Hearing to consider amending the following Sections of the Unified Development Code
(UDC) pertaining to Chapters 10 (Sign Standards) and 16 (Reference): 10.01.050; 10.01.060;
10.01.070; 10.01.080; 10.03.020(0); 10.04(F); Table 10.06.010; 10.06.020(A); 10.06.020(D);
10.06.040; 10.06.040(D); 10.06.040(E); 10.06.040(F); 10.06.040(1); 10.06.040(J); 10.07.010(A);
and 16.05 -- Bobby Ray, Chief Current Planner and Amelia Songeroth, Director of Development
Services
Ray explained the item and the proposed amendments. There were questions from Council. The
Public Hearing was opened at 6:54 p.m. There were no public comments. The Public Hearing
was closed at 6:54 p.m.
2. First Reading of an Ordinance amending the following Sections of the Unified Development
Code (UDC) pertaining to Chapters 10 (Sign Standards) and 16 (Reference): 10.01.050;
10.01.060; 10.01.070; 10.01.080; 10.03.020(0); 10.04(F); Table 10.06.010; 10.06.020(A);
10.06.020(D); 10.06.040; 10.06.040(D); 10.06.040(E); 10.06.040(F); 10.06.040(1); 10.06.040(J);
10,07.010(A); and 16.05 -- Bobby Ray, Chief Current Planner and Amelia Songeroth, Director of
Development Services
Ray read only the caption of the ordinance on first reading after having satisfied the requirements
of the City Charter. Motion by Eason, second by Carr to approve on first reading. Approved 6-0.
(Sansing absent)
5. First Reading of an Ordinance amending and repealing the provisions of Ordinance 2004-16
relating to Section 4.16.010 of the Code of Ordinances of the City of Georgetown, regarding the
amount of homestead tax exemptions for persons age 65 and older; repealing in its entirety
the provisions of Ordinance 2004-16 relating to Section 4.16.070 of the Code of Ordinances
regarding the effect on the amounts of the Homestead Tax Exemptions of an election on or
passage of a "tax freeze" -- Farley Snell, Councilmember District 6
Snell explained the purpose of this ordinance is to take the $42,000 exemption for age 65 and
older back to $12,000, to retain the $40,000 exemption for the disabled, and remove all references
to the tax "freeze." Carls read only the caption of the ordinance on first reading after satisfying the
requirements of the City Charter. She explained that this item and Items P-6, and N are related.
Motion by Snell, second by Kirby to approve the ordinance on first reading. Snell noted that the
ordinance that was provided in the packet did not contain a provision for the retention of the
$40,000 exemption for the disabled, so he distributed a revised version of the ordinance. Carls
said, because there is an item on this agenda to call the election, according to Ordinance 2004-16,
the exemptions go back to the statutory minimum. Motion by Snell, second by Kirby to amend the
ordinance to include the $40,000 exemption for disabled. Approved 6-0. (Sansing absent) Vote
on the Original Motion as amended: Tied at 3-3. (Oliver, Eason and Smith opposed)(Sansing
absent) Tie broken by Mayor. Approved 4-3. (Sansing absent)
6. First Reading of an Ordinance repealing Ordinance 2004-25 in its entirety relating to Section
4.16.070 of the Code of Ordinances regarding the reinstatement of sunsetted homestead tax
exemption provisions if an election on a "tax freeze" fails -- Farley Snell, Councilmember
District 6
Snell explained the purpose of the item being that if a Proposition 13 election is called and fails,
the exemptions would be reinstated. Carls asked that there be a suspension of the rules to
reconsider this ordinance. Motion by Kirby, second by Carr to suspend the rules. Approved 6-0.
Motion by Kirby, second by Carr to reconsider. Approved 4-2. (Smith and Eason
opposed)(Sansing absent) Carls read only the caption of the ordinance after having satisfied the
requirements of the City Charter. Motion by Snell, second by Kirby to approve the ordinance on
first reading. Smith asked and Carls emphasized that this is a housekeeping item. Approved 6-0.
(Sansing absent)
N Consideration and possible action to approve a resolution calling a Special Election on September 11,
City Council Meeting Minutes/June 8, 2004
Page 4 of 6 Pages
2004, for the purpose of obtaining voter response to Proposition 13 -- Trish Carls, City Attorney
Carls explained that petitions were submitted to the City Secretary on May 25, 2004, requesting an election
on Proposition 13. She said the City Secretary's Office has certified a sufficient number of signatures on
the petition to call a special election. Carls said the City of Georgetown is the first City to call an election on
Proposition 13, so the ballot language is "pioneer." She explained the resolution. She said the exemptions
will go to the statutory minimum until the two ordinances tonight are read and passed on second reading.
There were questions and comments from the Council. Motion by Carr, second by Smith to call the
election. Eason said she thinks the ballot language needs to include the words "Proposition 13." Carls
noted that there will be an amending moition to appoint the election judges, so there will be an opportunity
to amend the ballot language at that time, if that is Council's desire. Approved 6-0. (Sansing absent)
O Discussion and possible action to approve the Fiscal and Budgetary Policyto be used in preparing the
2004/2005 Annual Operating Plan and to guide operations for the upcoming fiscal year -- Micki Rundell,
Director of Finance and Administration
Rundell reminded Council that the
revisions were
discussed
at the workshop on Monday night.
She
reviewed the revisions. Motion by
Kirby, second
by Carr to
approve. Approved 6-0. (Sansing
absent)
R Consideration and possible action to approve a development agreement between the City and San
Gabriel River Place Partners, Ltd. -- Tom Yantis, Assistant City Manager
Yantis said this development agreement incorporates incentives that have previously been presented to
Council in Executive Session and now, for the first time, will be presented in public. Yantis said there are
two sets of improvements --the off-site improvements, such as building a turn around at the end of Rock
Street, just before Blue Hole Park, sidewalks to connect pedestrians to the downtown square, lighting along
the sidewalks, benches, waste receptacles, a pedestrian bridge, two low-water dams (with approval of the
US Corps of Army Engineers), and landscape improvements. He said the funding will come from the
Georgetown Transportation Enhancement Corporation (GTEC) Budget, Street Department Budget, Electric
Fund, General Fund, and Tax Increment Financing (TIF) Funds. He said the on-site improvements will
include amenity areas, landscaping, fountains, public areas, and funds to offset the incremental costs to
develop this project vs. developing a project outside the downtown overlay district. He noted there will be
additional costs to this project due to the site conditions. He said the funding for the on-site improvements
will come from a Chapter 380 (Local Government Code) Agreement to share economic development taxes,
much like with the Simon -Wolf Ranch Development with Simon Property Group, saying 50% of the sales
taxes generated by businesses on this site would be rebated to the developer over a period of up to 20
years or $1 million, whichever comes first.
He said the Agreement has a specific construction timeframe, a timeframe for the on-site and off-site
improvements, provisions for the types of materials, and a reference to the site pian. He said the project
will still go through the development process with approval from the Historic and Architectural Review
Commission (HARC) for the building design and for an alternate parking agreement, as well as site plan
approval through the Planning and Development Services Department.
Yantis noted a handout on the dais regarding changes to the Development Agreement, to allow the City not
to get ahead of the developer regarding the improvements to be provided by the City and projects for
Categories 2 and 3 for off-site improvement, which allows the City to determine if funds are available to do
the improvements; and another change that requires the developer, if they are in default, to repay the City
for the City's cost of off-site improvements that were completed. There were questions from the Council.
Charlie Crossfield and John Gavurnik explained the phasing of the development.
Motion by Snell, second by Eason to approve the development agreement.
Speaker, Virginia Stubbs, as a downtown property owner, urged Council's approval of the development.
Speaker, Renee Hanson, said the River Place project encompasses what Downtown Design Consultant,
Nore Winter, had in mind for downtown development and will set the tone for development in the downtown
district. She urged Council to approve the agreement.
Carr asked, and Gavurnik said the County will allow public parking in the garage in the evenings and on
holidays. Yantis noted that alternative parking plans are to be approved by the HARC because they are in
the Downtown Overlay District. Smith noted that there are similarities to the development of Wolf Ranch,
City Council Meeting Minutes/June 8, 2004
Page 5 of 6 Pages
but this is part of the Downtown Master Plan, being done by a local developer, with locally -owned
restaurants. Snell said he appreciates Gavurnik's service to the community and he thinks this project is
exciting. Kirby said he likes the project and commended Gavurnik's ability to put it together, but he said he
thinks "giving away sales tax revenue" will create a need to increase the property tax. He said he thinks an
additional source of revenue is needed to help downtown development, and suggested a 1/8 cent increase
in the sales tax. He said he would like to see that on the ballot in November. Carr said he is grateful for the
Downtown Master Plan, and he thinks this project is a good example of how the Plan will keep Georgetown
attractive. He called the question. Vote on the motion: Approved 5-1. (Kirby opposed, Sansing absent)
S Discussion and possible action to consider appointments of individuals to more than one
board/commission -- Mayor Gary Nelon
Nelon explained that currently there is no policy regarding appointment of individuals to more than one
board or commission. He said there were many people who applied for positions who were not appointed
because there were more applicants than positions, saying he would like to spread the talent around and
allow as many different people as possible to serve. Eason said she agrees and was frustrated when she
served on the Appointment Subcommittee because she wanted to get as many people involved as
possible. Carr said he was privileged to serve on two groups at the same time, and would favor not formally
eliminating the possibility, but attempting first to take advantage of the backlog of applicants. Kirby said he
was impressed by the number of qualified applicants that the Subcommittee interviewed for positions on the
boards/commissions. He said he supports allowing service on only one board or committee. Oliver agreed,
saying if a board or commission felt the need for a liaison, they could let the Council know. Carls noted that
there is an ordiniance now regarding membership on boards and commissions, so she could bring Council
some language to amend that ordinance. Motion by Kirby, second by Eason to direct staff to bring for
Council's considereation the appropriate wording to eliminate service on more than one board/commission
by one individual, except where the bylaws require a liaison from another board or commission. Approved
6-0. (Sansing absent)
T Consideration and possible action to appoint Henry Boecker to the Georgetown Transportation
Enhancement Corporation (GTEC) to fill the vacancy created by the resignation of Henry Carr when he was
elected to Council and assumed a Council position on GTEC in place of outgoing councilmember Jack
Noble -- Mayor Gary Nelon
Nelon explained the item. Motion by Carr, second by Eason to approve the appointment. Approved 6-0.
(Sansing absent)
U Consideration and possible action to appoint Lynne Dison to the Economic Development Commission to fill
the vacancy created by the resignation of Henry Boecker when he was appointed to the Georgetown
Transportation Enhancement Corporation -- Mayor Gary Nelon
Nelon explained the item. Motion by Carr, second by Eason to approve the appointment. Approved 6-0.
(Sansing absent)
V Consideration and possible action to appoint Rachel Heisch, Leah Martinez, and James Johnson and to
re -appoint Candice Butler, Rebecca Counts, Philip May, Stefanie Sikes, and Jonathan Soape to the Youth
Advisory Board for the City of Georgetown -- Mayor Gary Nelon
Nelon read the list of applicants to be considered. Motion by Smith, second by Snell to approve the
appointments. Approved 6-0. (Sansing absent)
The meeting was adjourned at 08:00 PM.
City Council Meeting Minutes/June 8, 2004
Page 6 of 6 Pages
Attest-
City Secretary Sandra Lee