HomeMy WebLinkAboutMIN 01.27.2004 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: f council Absent:
Patty Eason, Gabe Sansing, Doug Smith, Jack District 7 vacant
Noble, John Kirby, Farley Snell !f
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Trish Carls, City Attorney; Sandra',
Lee, City Secretary; Keith Hutchinson, Public Information Officer; Amelia Sondgeroth, Director of
Planning and Development; Micki Rundell, Director of Finance and Administration; Anthony Lincoln, Fire
Chief; Mark Thomas, Economic Development Director; Randy Morrow, Director of Parks and Recreation;',
Bobby Ray, Chief Current Planner; Glenn Dishong, Water Services Manager; Ed Polasek, Chief
Long -Range Planner; Mark Miller, Transportation Services Manager; Carla Benton, Development
Planner; Melissa McCollum, Development Planner
SessionPolicy Development/Review Workshop
Regular Session to convene and continue Executive Session, if necessary
Executive
A Sec.551.071 consultation with attorney
- Pending Litigation
- Legal Advice Regarding Agenda Items and other Matters
- Legal Issues Related to Proposition 13
There was no Executive Session held at this meeting.
Regular Session
A Call to Order
The meeting was called to order at 6:00 p.m.
B Pledge of Allegiance
Mayor Nelon led the Pledge.
C Comments from the dais regarding the following items:
- Welcome to Audience and Opening Comments -- Mayor Gary Nelon
Mayor Nelon welcomed the audience and gave a brief outline of the meeting procedures.
- Proclamation for Insure -a -Kid
Mayor Nelon read the proclamation and presented it to Cynthia Guerro of the Williamson County
and Cities Health District who explained the Insure a Kid Program.
City Council Meeting Minutes/January 27, 2004
Page 1 of 13 Pages
- Review of the Economic Development Commission -- Dr. Ronald Swain, Chair
Dr. Swain recognized the members of the Commission who were present in the audience and
shared with the Council the activities of the Commission over the past year.
D Announcements and Comments from City Manager
Brandenburg made the following announcements:
Community Breakfast Meeting at the GMC at 7:30 a.m. on Friday, January 30, public welcome. He
noted that the topics that would be discussed would be transportation projects, economic
development, planning and development activities, and the recreation complex.
Chamber of Commerce Annual Awards Banquet will be held on January 30 at 6:00 p.m. at the Sun
City Ballroom
Special Council Meeting on Tuesday, February 3rd at 5:00 p.m. to canvass the election results and
swear in Mark Ramsey, new councilmember for District 7
E Public Wishing to Address Council
Sandra Taylor of Pedernales Electric Cooperative (PEC) to update area customers on the Cooperative's
activities.
Taylor delivered the current franchise payment and shared the recent activities of the Co -Op,
including scholarships to eligible high school students. She asked that the Pedernales customers
update their phone numbers with PEG in case of outages.
Jim Sowers regarding the new Serenada road change where Sequoia Drive was rerouted to join Shell
Road.
Sowers said Sequoia now comes out to a "T" with no signal light. He asked Council to add a light
at the intersection.
Neil Cochran was recognized by the Mayor, but had signed up to speak on an item not posted on the
agenda. He agreed to be posted to come back at the next meeting to address Council regarding the
proposed sidewalk on Western Trail.
F Action from Executive Session
There was no action from Executive Session at this meeting.
G Consideration and possible action to approve the minutes of the Council Workshop on Monday, January
12 and the Regular City Council Meeting of Tuesday, January 13, 2004 -- Sandra Lee, City Secretary
Noble corrected the seconding of the motion on Item Q, noting that the second was provided by Snell.
H Consideration and possible action authorizing the purchase of fifteen (15) sets of Personal Protective
Equipment (bunker gear) from Ferrara Firefighting Equipment in the amount of $22,200.00 -- Anthony
Lincoln, Fire Chief
Snell asked and Lincoln clarified that $14,800 of the cost would come from the Billing For Services Special
Revenue Account, and $7400 would come from the budget.
I Consideration and possible action authorizing firefighter physicals to be completed by Scott and White
Occupational and Environmental Medicine in the amount of $21,344.00 -- Anthony Lincoln, Fire Chief
J Consideration and possible action on a Public Review Final Plat of 84.128 acres out of the S. Campbell,
A. Brown and I. Sauls Surveys, to be known as the Planned Unit Development of Escalera Ranch,
Section Four, located on FM 2243 (Leander Road). — Carla Benton, Development Planner and Amelia
Sondgeroth, Director of Planning and Development Services
K Consideration and possible action on a recomendation by the Economic Development Commission to
amend the Commission Bylaws -- Dr. Ronald Swain, Chair of the Economic Development Commission
and Mark Thomas, Economic Development Director
City Council Meeting Minutes/January 27, 2004
Page 2 of 13 Pages
Kirby clarified the only change to be made was the meeting time for the Commission. Swain responded
that the change would be to allow the Commission to meet on the date and at the time of their choosing,
rather than on a prescribed day of the week.
Motion by Sansing,
second by Kirby to approve the Consent
Agenda
with the exception of Item J that was pulled to
the Regular Agenda
and with the correction to the minutes at
Item Q.
Approved 6-0.
Legislative Regular Agenda
J Consideration and possible action on a Public Review Final Plat of 84.128 acres out of the S. Campbell,
A. Brown and I. Sauls Surveys, to be known as the Planned Unit Development of Escalera Ranch,
Section Four, located on FM 2243 (Leander Road). — Carla Benton, Development Planner and Amelia
Sondgeroth, Director of Planning and Development Services
Benton explained the item and told Council there was unanimous approval from the Planning and Zoning
Commission. Snell confirmed that the reason this item is coming back through is because it is still within a
year from the date of the projected completion. Motion by Sansing, second by Noble to approve the Public
Review Final Plat. Approved 6-0.
L Consideration and possible action to enact a city property tax exemption of $10,000 for people over 65
years of age and $20,000 for disabled people -- Councilmember Doug Smith
Smith said he objects to the property tax freeze because of social injustice and the long-term impact on the
City's financial condition. He said during the first few years, the result will be small, but after several years,
the difference will become quite large. He said more than 36% of the homeowners in Georgetown are over
65. He said he is not attempting to reverse the Council's previous decision to freeze the property taxes for
people over 65. He said he is proposing an additional tax exemption for people over 65 that would be over
and above the $12,000 they already receive. He said he is also proposing an exemption for the disabled.
He said if this item is approved, it would come back to Council as a first reading of an ordinance at the next
meeting as will the Proposition 13 ordinance. He said the Council could decide which ordinance to
approve. He said the exemption would take effect for the 2004 taxes. He said the burden of the cost of
exemption could be managed at budget time, and in the future, Councils could always increase the
exemption.
Motion by Smith, second by Eason to direct staff to prepare an ordinance to enact an additional property
tax exemption of $10,000 for people over 65 years of age and a property tax exemption of $20,000 for the
disabled and further move that we direct staff to initiate a study of the projected long-term financial impact
of both this proposal and of the proposed freeze.
Rundell confirmed what Smith told the audience about the exemption being a "known" amount, and the
freeze would represent an "unknown." She said the gap could become larger in future years as house
values and the cost of services increase. Carls confirmed that the exemption could be repealed by future
Councils, except for the last $3,000, but the freeze may not be repealed.
Snell confirmed the amounts of the current exemptions and calculated the total amount that a person could
receive, including a $5,000 homestead exemption. He said currently, there is a $17,000 exemption that
would go to $27,000 for over 65 years of age. He confirmed that if a person is 65 years of age and also
disabled, only one exemption would apply. It was determined that a disabled person would receive
$25,000.
Sansing confirmed that the total exemption amount would be $121,000 if Smith's suggestion is approved.
There were further questions and discussion about various scenarios. Rundell said the total amount to be
frozen if it were done this year would have been slightly less than $2 million. He confirmed with Rundell
that with the exemption, there would still be some "tax load" that would be shifted to the under 65 age
bracket. Smith said the advantage of the exemption is that the "lion's share" of the benefit goes to those
poorer homeowners who live in less-expensive houses that should be targeted for assistance. Snell
confirmed that if the tax rate is increased, it is increased to everyone, over and under 65.
Noble asked and was told that this exemption would not be in addition to the Proposition 13 ordinance.
Carls noted that one of the ordinances could be approved.
Speaker Roby Sloan said he had no problem with what is being proposed. He said he thinks the dollar
City Council Meeting Minutes/January 27, 2004
Page 3 of 13 Pages
amount of what was approved at the last meeting and this new item are similar. He said he thinks if taxes
are raised, the City will collect more tax money than they would have had without the freeze. He said it is
disappointing to him that the issue is coming back up after being approved at the last meeting.
Speaker Walt Herbert said if the proposed freeze is enacted, there will be a tax break for people who are
over 65, the greater majority of them being fully capable of paying taxes. He said there are a great deal of
younger people who are attempting to raise their families here in Georgetown and they will be burdened by
an increase in taxes.
Speaker Dr. JoAnn Ford said she couldn't imagine shifting the burden of increased taxes to the young
people in the community. She said she likes the fact that Smith's exemption is a "set" amount. She urged
Council to not forget the young people. She said she appreciates all the services provided in Georgetown
and wants to pay her fair share.
Speaker Judy Shepherd said she has more time and more opportunity and feels responsible for the
younger population. She urged Council to help take care of the people that for whatever reason can't take
care of themselves.
Speaker Harold
Steadman said
he
doesn't
consider
it fair to take some of his taxation and put it on some
other person in
the community.
He
urged
Council to
adopt Smith's
proposal.
There
Speaker Michael Miller said he is one of "those young people" that everyone is talking about. The incentive
for him to live here is because it is a great place to raise kids. He said if this proposal is not adopted, he
and his children will be paying a greater tax burden. He said he is happy to hear all the speakers who are
willing to pay their fair share. He said he thinks the legislation was intended to assist the people who are
unable to pay.
Motion by Sansing, second by Smith to amend the previous motion that if Smith's proposal is adopted, and
subsequently, if Proposition 13 is adopted by Council or by public vote, then this exemption ordinance will
be rescended.
Snell asked for further clarification as to which amount would be "frozen." He clarified that if the exemption
is passed, it would be in effect for 2004, and then if the freeze is passed either by ordinance or through a
vote of the people, it would take effect in 2005, and would freeze the exempted amount. He further clarified
that Sansing's amendment would make sure that the exemption would "go away" if the freeze is approved.
Carls said she is thinking of this amendment as a "sunset clause."
Kirby said he is glad that Smith put this item on the agenda. He said he feels the staff didn't have adequate
time to prepare Council with the information needed before Council was "stampeded" into making a
decision on Proposition 13. He spoke of having shared his spread sheet on the lost sales tax revenue to
occur with the Wolf Ranch Development with Smith and said he admires Smth's spread sheet regarding the
calculations on his proposed exemption.
Nelon clarified that the Council is not able to schedule an election regarding Proposition 13. He pointed out
that the legislature set it up for the voters to submit petitions for a referendum to allow the item to be placed
on the ballot. He suggested that at the next Council Meeting, the two ordinances could be compared, and
he suggested that the amendment to the motion may be a bit premature.
Noble
agreed that acting
on this item tonight is hasty and
he would move to defer until the
next agenda.
Nelon
clarified that Noble
was deferring the amendment.
was no second to Noble's
motion to defer.
There
Vote on the Amendment: Approved 5-1. (Noble opposed) The amendment was approved.
Snell said this Council is indebted to Doug Smith for his careful thinking and fairness. He described
Proposition 13 as a "blunt instrument," but he said he has a problem with the Smith proposal because it
doesn't deal with the central issue of not giving tax relief but dealing with the escalating appraisal of
property over time. He said he thinks property tax is a tax on perceived wealth or perceived income. He
said, for instance, widows in his neighborhood are scared that their property values are continuing to
increase, thus increasing their property taxes, while their income stays the same. He said he will vote
against this proposal.
Noble said he agrees with Snell and he would freeze taxes on everyone's property and not raise it until
City Council Meeting Minutes/January 27, 2004
Page 4 of 13 Pages
improvements are made or until it is sold. He said he would also vote against this proposal.
Smith said he mentioned that future council's
could raise the amount of
the exemption. He
said also when
you have a majority of the voters who are not
impacted by increases in
city spending, it is a
dangerous
condition. They will want more spending for service and further burden
those that will have
to pay.
Vote on the Original Motion as amended: Approved 4-2. (Snell and Noble opposed)
Nelon said both ordinances would be taken together at the next Council Meeting.
M Discussion and possible action regarding a resolution authorizing staff to prepare a bid statement to the
Texas Amateur Athletic Federation to host the 2006 and 2007 Games of Texas -- Randy Morrow, Director
of Parks and Recreation
Morrow explained the item. He said the Games could bring in around $7 to $10 million to the economy of
the community. Snell asked if there is a cost and was told that the only cost would be for staff. Motion by
Snell, second by Noble to approve the resolution. Approved 6-0.
N Discussion regarding the provisions of Chapter 8.04 of the Georgetown Municipal Code regarding the
adoption of the Standard Fire Prevention Code, 1994 edition, specifically Section 907.4.3, which requires
that every service station open to the public have an attendant or supervisor on duty whenever the station is
open for business -- Paul Brandenburg, City Manager
Brandenburg explained the item, saying the City ordinance had adopted the 1994 National Fire Prevention
Code. He said if fuel is being dispensed there should be an attendant there for safety reasons to monitor
any spilling of fuel. Lincoln said there is now a procedure where staff will inspect after hours to make sure
that the law is being obeyed. Nelon noted that the sign on the pumps at the HEB on Williams Drive implies
that it is a new city ordinance, but in actuality, the ordinance was enacted in 1994. Noble confirmed that
there are actually three service stations in Georgetown that allow 24-hour attended service.
Snell asked about the pumps at the airport. Leggitt said technically the City is in violation at the Airport if
the Airport is considered to be "open to the public." Sansing explained the safety factors built in regarding
pumping fuel at the airport. Yantis further explained that the pumps are monitored by closed-circuit
television at the police department, and the pump handles have to be held down to operate. He said they
also have an automatic shut-off, and a limit to the total number of gallons that can be pumped.
Sansing said there are stations all over the state that are unattended. He said he would like to see more
information on this subject. Leggitt said this is a model code that was adopted by the City, and is a
standard in the United States. He said he has some information on the International Code that includes
unattended stations with special restrictions that may be brought to Council for approval in the future.
Sansing suggested that Leggitt work on bringing that code to the Council.
O Consideration and possible action enter into an Interlocal Agreement with Williamson County and the
Georgetown Independent School District for purpose of funding a feasibility study for a proposed Joint
Sports and Recreation Facility Complex and to approve the appropriation of $5,000 toward the cost of a
Feasibility Study and Land Plan
Brandenburg explained the item, saying this Interlocal Agreement is an attempt to pool the resources from
all entities to provide a complex to be used for a variety of activities. He asked Council to approve the
appropriation of $5,000 for the feasibility study and land plan. Motion by Sansing, second by Smith to
approve the appropriation. Smith asked and was told that a land planning firm, RVI, will do the study.
Brandenburg said there is an ad hoc group of citizens that will be monitoring the study. Noble suggested
considering the cost of removing the old stadium. Brandenburg said eventually the whole economic picture
would be discussed. Approved 6-0,
P Consideration
and
possible
action to
approve a resolution
ordering a
General
Election
to be
held on
Saturday, May
15,
2004, to
elect City
Councilmembers for
Districts 3,
4, and 7
-- Sandra
Lee,
City Secretary
Lee explained the item, correcting a statement on the cover sheet that notes that the date for the General
Election was changed by the Legislature to the second Saturday in May. She said it should have said the
"third" Saturday in May, but it will go back to the first Saturday in May next year. She noted that the
drawing for the order of the names on the ballot will be March 17 at 3:00 p.m. at City Hall, and she listed the
City Council Meeting Minutes/January 27, 2004
Page 5 of 13 Pages
dates for early voting as April 28 through May 11, and said the canvass of the results of the Election would
be on Tuesday, May 25, at a regular Council Meeting. She said a runoff election, if needed, would be held
on Saturday, June 19, and on a subsequent council agenda, a resolution would be brought to the Council to
approve the election workers and approve a joint agreement between the City, the County and GISD.
Snell asked if there is a timeline for the latest date the petitions on Proposition 13 could be presented and
still be allowed on the May 15 ballot. Carls said if a valid petition is received, an amendment to the
resolution would need to be submitted to the Council. Carls said the trigger date would be the date the
County needs to submit the ballot information to the printer, and therefore, that information could be shared
at the next Council Meeting.
Sansing asked why there is no voting at Williams School. Lee explained that this particular election would
use the same polling places as the General Election last year. Lee noted that any change in the polling
places would need to be approved by the Council. Snell pointed out that the four polling places that were
adopted for use at the last General Election were requested by the County and they are used by GISD as
well. Motion by Noble, second by Kirby to approve the resolution. Approved 6-0.
8:05 p.m. -- recess
8:20 p.m. -- resumed
Mayor Nelon recused himself and left the dais. Mayor Pro Tem Doug Smith conducted the meeting for the next item.
S Public Hearings/First Readings
1. First Reading of an Ordinance of the City Council of the City of Georgetown, Texas, establishing a
cemetery use for a 20.49 acre site in the Stubblefield Survey, Abstract No. 556, located in the
City's Extra -territorial Jurisdiction (ETJ) at 330 Berry Lane in compliance with the requirements of
Senate Bill 667 (78th leg. sess. 2003) -- Bobby Ray, Chief Development Planner and Amelia
Sondgeroth, Director of Development Services
Ray explained the item, saying Senate Bill 667 allows a cemetery within two miles of the corporate
limit of cities. He explained the events that have occurred up to this point regarding the
establishment of the cemetery. He noted that the site is not within the city limits but is within the
extra -territorial jurisdiction. He said Berry Lane is a private road. He showed Council the location
with an overhead projection. He said the properties beyond the cemetery take acess along Berry
Lane and a few take access by Eastview Drive. He said there are several conditions included in
the ordinance that suggest modifications to the site plan. (read the conditions from the cover
sheet). He said staff feels the current condition and continued maintenance of the street and
security issues of nearby residents are priority.
Sansing
asked if there would be services held at the
cemetery. Nick
Brumder, responded that the
platform
in the center of the burial field will contain a
cross. Sansing
asked how the 90 required
parking
spaces were calculated and said he objects
perceived as
to the excessive
amount of impervious cover.
Speaker, Terry Irion, attorney representing the applicant, said the next step would be to create the
perpetual care trust fund in order to receive their Charter and ask for a recording of the site plan.
He said as each phase is opened, Council approval will be requested. He asked to introduce the
founders of the project, Nick and Ellen Brumder and designer, Holly Kincannon.
Speaker, Ellen Brumder, co-founder of the proposed cemetery, said they appreciate the
opportunity to address the issues of public health and safety. She said the proximity of the
20 -acre property to the future SH 130 made it unusable for residential development.
Speaker ,Holly Kincannon, designer
of
the cemetery,
asked Council
to think of it
as a
private
space
built by the local Catholic Church to
be
perceived as
a public park, a
civic space
that
is open
to all.
Speaker, Nick Brumder, co-founder of the proposed cemetery, demonstrated the design of the
cemetery using an overhead slide.
Speaker, Dr. Murray Snook, neighbor, spoke to Council in favor of the cemetery. He said it will
service the community. He said the road is an obstacle and didn't know how it could be overcome.
He said he doesn't think the cemetery owners should have to pay all the costs of improving the
road. He said he feels the other area property owners should share the costs.
City Council Meeting Minutes/January 27, 2004
Page 6 of 13 Pages
Speaker, Terry Irion, said he thinks all the site design issues have been mutually resolved and the
only issue left is the road improvements. He said he doesn't think the number of vehicle trips will
be as excessive as is being predicted by the staff. He said they have received estimates of from
$58,000 to $70,000 to build the road in the manner directed. He said when the Brumders
attempted to fill in some of the potholes on the road, they received a letter from an attorney for one
of the property owners, saying no one property owner has the unilateral right to make any
improvements to the road without the written consent of 75% of the property owners. He said he
believes that Section 4B of the draft ordinance is in conflict with the deed restrictions that govern
the maintenance for the 138 acres of which the cemetery is only 20 acres. He distributed a
handout to Council with suggestions to change Section 4B of the ordinance. He said he would
suggest the requirement that the cemetery association establish a fund and open a road
maintenance trust account and then each time a cemetery plot is sold the association would make
a contribution to the account, with a cap at some percentage of the total contributions from all the
property owners.
Speaker, Dr. Jim Donovan, told Council he and his neighbors oppose the adoption of the
ordinance and the establishment of the cemetery. He said the community shares a common
driveway. He said none of the properties on Berry Lane have access to Eastview. He said the
roadway requires constant maintenance. He said in the past three years the neighbors have spent
over $24,000 on road maintenance. He said the ordinance doesn't provide for continual
maintenance of the road. He said he feels the cemetery's contribution to the maintenance of the
road each year would be less than $50. He said he feels the extra traffic will increase the risk of
vandalism. He said the cemetery association should provide a security gate on Berry Lane
separating the cemetery from the remaining properties. He said this venture was never welcomed
by the neighborhood. He said the cemetery is not an undertaking of the church. He said the
actual cemetery is much larger than first introduced, and said there needs to be amendments
made to the ordinance to maintain the road and secure the remainder of the properties on Berry
Lane.
Speaker, Ruth Roberts, said she signed a letter saying she was in support of the development of a
cemetery. She said there was a discrepancy about whether they were the "first" to sign the letter
of support. She said Mr. Terry was not exactly honest about the cemetery being affiliated to the
church. She read a statement from Bruce Fowler, a resident of Berry Lane. Fowler said Shawn
Terry had said he was a director of St. Helen Catholic Church and that it was considered to be a
"small" cemetery. He said Terry took the five signatures to Sen. Ogden who thought he was
receiving consensus of opinion of all of the residents on Berry Lane. She said soon after the
Senate passed the bill, the large sign advertising the cemetery was installed. He said there has
been no application submitted for the cemetery to become a perpetual care cemetery. He said the
residents and the Council have been deceived regarding this cemetery.
Speaker, Steven Snook, a Boy Scout, said he has been putting in some service hours at the
cemetery and would hate to see those hours go away.
From the audience, when their names were called out by Mayor Pro Tem, the following people
stood in favor of the cemetery: Judy Puetz , Cindy Baker, Dan Young, Richard Stone, Brett
Samuelson.
Speaker, Ruth Doss, said the reason they moved to the property is because of the view of
Georgetown. She said now she will have the view of a cemetery. She said she now has bottles
and other litter being thrown on her property.
Speaker, Bev Larson, mother of Ellen Brumder, said she has known about this project from the
beginning and feels that it is a spiritual journey for her daughter. She said Ellen is not a deceiving
person. She said she has been to the studio of Holly Kinkannon and Kinkannon has already done
some very good work on monuments. She said many burial spaces will be donated for those who
are unable to pay for them and for babies.
From
the audience,
when their
names were called out by
Mayor Pro Tem, the following people
stood
in favor of the
cemetery:
John Gibeau and Sophia
Buchannan.
Speaker, John
Moon, told Council
he
is in support of the project.
He said he is a neighbor of the
Brumders and
has never known of
or
heard of them speaking a
falsehood.
City Council Meeting Minutes/January 27, 2004
Page 7 of 13 Pages
From
the audience,
when their
names were called out by Mayor Pro Tem, the following people
stood
in favor of the
cemetery:
Vista Esping and
the road, and
David
physical condition
of the road
Speaker, Linda Patch, told Council that the citizens of Georgetown will benefit from the additional
cemetery space and the prices will be reasonable.
From the audience, when her name was called out, Carmen Peacher said she is in favor of the
cemetery.
Speaker, Ricky Pearce, said there are not many people on Berry Lane. He said he is against the
cemetery. He said there will be a lot of increased traffic, especially when the cemetery is
advertised. He said there is a problem on the road near his property because of big trucks and
additonal cars.
Speaker, David Culbertson, lives at the closest property to the cemetery. He said he called Abby
Conlee who owned the property next to his. He said he found out from her son that Shawn Terry
told Ms. Conlee and her son that Culbertson had signed to support the cemetery. He said Ms.
Conlee's son told him that if they had known there was so much objection to the cemetery, she
would never have signed over the property.
Speaker, Carol Donovan, said the signage to a secluded, out-of-the-way cemetery is an invitation
for a tragedy to occur on the road, for which the property owners would be responsible, so she is
not in favor.
Speaker, Joe Hesson, current Grand Knight of the Knights of Columbus, spoke in favor of the
cemetery and asked the Council to fairly and impartially apply the laws to the documents regarding
this cemetery.
Speaker, Brad Mason, said he bought his property on Berry Lane because it was quiet and asked
the Council to vote against the cemetery because it is not in keeping with the way the restrictions
read when his house was built. He said there were errors in math when this issue was presented
to the legislature to get this bill passed. He said he would like to start over and do it right. He said
the cemetery changed from 800 plots to 10,500 plots, and said he is concerned about what it will
be a year from now. He said he doesn't think it will be possible to keep all the people parking in
the 90 spaces off of Berry Lane while attending the funeral . He said he doesn't understand who is
going to enforce the parts of the ordinance that are supposed to protect the health, safety and
welfare of the residents.
From the audience, when called upon, Don Snell, not related to Farley, passed his opportunity to
speak.
Speaker, Kim Cleaver, told Council she has served 23 years in the funeral industry, and operated
56 cemeteries in the Los Angeles area. She said the site plan shows that it will be one of the most
beautiful cemeteries she has ever seen. She said it is also highly unlikely that there will be heavy
traffic on the road due to the cemetery.
Sansing asked if the applicants could elaborate on their plans for maintaining the road.
Irion said he believes that there needs to be something worked out with the other property owners
to determine everyone's proper share for road maintenance. He said this road could be a good
candidate for providing "seed money" to the Williamson County "substandard road program." He
said he doesn't think the ordinance allows the Brumders to make unilateral repairs. Sansing asked
about a security gate, and Irion responded that if a fund is developed, it could be used for a
security gate.
Speaker, Doug Stearns, said he supports the cemetery and the Brumders are not deceitful. He
said although the cemetery is not technically affiliated with the Catholic Church, it is affiliated with
all the people represented here who are members of St. Helen's Church.
Nick Brumder said he doesn't think a gate would be an issue.
Snell asked
how the staff considers the
road a safety
matter. Ray
explained that he,
the engineer,
and the fire
department, have all driven
the road, and
they feel the
physical condition
of the road
City Council Meeting Minutes/January 27, 2004
Page 8 of 13 Pages
warrants mitigation.
Irion asked for time for rebuttal. He said the written letter was sent to Mrs. Conlee laying out the
exact proposal for the cemetery. He said the law is very confusing on how to prepare a perpetual
care cemetery. He said the first step is to get approval of the ordinance. He said the next step is
to make application for the perpetual care and pay $50,000 to receive the certification. He said if
the property was used for residential development, there would be 10 times as much traffic as
there would be with a cemetery. He asked that the ordinance be approved with the requirement
that there will be a maintenance payment for the maintenance of the road.
Eason asked Carls to respond to the proposed changes to the ordinance. Carls said staff has
made the best effort possible to deal with the issue. She said the party they look to for compliance
is the applicant. Eason asked how this would be enforceable. Carls said there is a general
provision that speaks to code violation and there would be a monetary penalty. She said it is a
difficult issue because the City is dealing with a private road which is not allowed in the City, and a
cemetery which is not allowed in the City. She said any ordinance that the City enacts would be
enforceable by city code enforcement or city police, and this particular ordinance was prescribed
by a senate bill which would give the City jurisdiction to enforce.
Ray read only the caption of the ordinance on first reading after having satisfied the requirements
of the City Charter.
Motion by Sansing, second by Snell to approve this ordinance with the exception of Item 4B and
to insert the language about the deposits being made for the road maintenance and as part of Item
4B that the permanent maintenance issues be dealt with as well, and further add, that a security
gate be installed that doesn't require people to get out of their car to enter, and that the road
maintenance program would not end in three years, but remain in perpetuity.
Smith said he thinks if it were a two-lane road it would be of benefit to the residents. He asked
Sansing to be more specific about the deposits. Sansing read the proposed revisions to the
ordinance as recommended by Irion.
Eason said she
has a real
problem
with a
change in
the ordinance that staff and
the neighbors
have not seen.
Motion by
Eason,
second
by Noble
to defer this item to a future
council meeting.
There was addiitonal Council discussion regarding the difference between the terms "defer' and
"table."
Ray noted that the homeowners also have just provided some suggested changes to the
ordinance regarding 4C and 4H.
Dr. Donovan said if the Council passes something tonight they will remove the opportunity for the
neighborhood to have input.
Vote on Eason's motion: Approved 4-2. (Smith and Sansing opposed)
It was determined that there will be an attempt to revise the ordinance and bring it back to the
Council at the next meeting, depending on whether the staff can get together with the
neighborhood and the applicants and work out some language to bring back.
Q Consideration and possible action to authorize the extension of the current contract with AvFuel
Corporation to provide avgas and jet fuel to the Georgetown Municipal Airport in the estimated annual
amount of $800,000 -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager
Yantis explained
that this
item comes
to Council every year
for purchase of jet fuel and av gas at the airport.
Motion by Kirby,
second
by Noble to
approve the contract.
Approved 5-0. (Sansing off
the dais.)
R Second Readings
1. Second Reading of an Ordinance Amending Section 13.09.030 (B) of the Unified Development
Code (UDC) pertaining to Oversized Facilities -- Glenn Dishong, Water Services Manager and
Amelia Sondgeroth, Director of Planning and Development Services
Dishong called Council's attention to Section C-1 where the language was changed as was
City Council Meeting Minutes/January 27, 2004
Page 9 of 13 Pages
requested in the last reading. Dishong read only the caption of the ordinance on second reading.
Motion by Eason, second by Smith to approve Ordinance 2004-06, Approved 6-0.
2. Second Reading of an Ordinance Amending the following Sections of the Unified Development
Code (UDC): 1.03(C)&(D) "Applicability"; Table 4.01.010 "Zoning Districts"; 4.04.030(G) "Old Town
Overlay 4.05.040(C)(4) "SP Standards for Williams Drive (F. M. 2338)"; Table 5.01.020 'Permitted
Uses by Zoning District"; 5.03.040(B)(3) "Family Day Care"; 5.05.030(C)(2) "General Outdoor
Storage"; 6.01.030(B) "Applicability with the Extraterritorial Jurisdiction"; Table 6.02.030 "Housing
Type Dimensional Standards"; Table 6.03.020 "Non -Residential Lot and Dimensional Standards";
6.03.040(B)(6)(a)&(b) "Features Allowed Within Required Yards"; 7.03.050(C) "Residential
Fences"; 8.03.020(B) ""Tree Size and Species"; 9.03.020(A)(3) "Parking Space Dimensions";
9.03.020(D) "Parking Surfacing and Maintenance"; 10.03.020(J) "Signs in the Public Right -of -Way"
; Table 10.06.010 "Sign Dimensions by District; 10.06.040(G) "Subdivision Directional Signs";
11.03.050 `Replacement of Protected Trees"; 11.05.050(C) 'Regional Stormwater Management
Program"; Table 13.04.050 "Rural Street Geometric Standards"; 13.04.070(A)(3) "Wastewater
Collection Systems"; 13.04.070(B)(4) "Water Distribution System'; AND 13.07.020(C) "Street
Lights" — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning
and Development
Ray read only the caption of the ordinance on second reading. Motion by Eason, second by Kirby
to approve Ordinance 2004-07. Sansing thanked Sondgeroth for dealing with the trees.
Approved 6-0.
3. Second Reading of an Ordinance Amending Sections 4.08 and 8.06 of the Unified Development
Code (UDC) pertaining to the Gateway Overlay District — Melissa McCollum, Development
Planner and Amelia Sondgeroth, Director of Planning and Development Services
McCollum read only the caption of the ordinance on second reading. Motion by Snell, second by
Noble to approve Ordinance 2004-08 . Approved 6-0.
5. Second Reading of an Ordinance for a Century Plan Amendment for 2.42 acres out of the David
Wright Survey from Multi Family and Residential Future Land Use designations to Office district
located at 3606 and 3608 Rocky Hollow Trail - Ed Polasek, Chief Long Range Planner and Amelia
Sondgeroth, Director, Planning and Development Services
Polasek explained the
item and
read only the caption of the ordinance on
second reading. Motion
by Sansing, second by
Noble to
approve Ordinance
2004-09. Approved
6-0.
4. Second Reading of an Ordinance Rezoning 1.28 acres out of the David Wright Survey from RS,
Residential Single-family district to OF, Office district located at 3606 and 3608 Rocky Hollow Trail
— Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and
Development
Ray read only the caption of the ordinance on second reading. Motion by Kirby, second by Snell
to follow the recommendation of the Planning and Zoning Commission and approve the ordinance
for rezoning, but make it conditional to prohibit access on Rocky Hollow Trail. Sansing said he
cannot support the one-way access. Eason said she agrees that there needs to be a rear exit.
Motion by Smith, second by Sansing to amend the previous motion to include a rear exit on Rocky
Hollow. Kirby asked and Munk responded that the traffic could be controlled with signage. Kirby
said he has no problem with the office, but he thinks the parking is overdone.
Vote on amendment: Approved 4-2. (Kirby and Snell opposed)
Motion by Sansing, second by Noble to further amend the approval of the ordinance by limiting to
egress only and right turn only on Rocky Hollow. Approved 4-2. (Smith and Kirby opposed)
5. Second
Reading of an Ordinance
for a Century Plan Amendment for 2.42 acres out of the David
Wright
Survey from
Multi Family
and Residential Future Land Use designations to Office district
located
at 3606 and
3608 Rocky Hollow Trail - Ed Polasek, Chief Long Range Planner and Amelia
City Council Meeting Minutes/January 27, 2004
Page 10 of 13 Pages
Sondgeroth, Director, Planning and Development Services
This ordinance was considered earlier in the meeting, prior to Item 4.
6. Second Reading of an ordinance amending Section 10.12.090(B) of the Code of Ordinances to
establish a 20 -mph school speed zone on a portion of Katy Crossing Boulevard — Mark Miller,
Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Miller read only the caption of the ordinance on second reading. Motion by Snell, second by
Noble to approve Ordinance 2004-11. Approved
Sansing asked staff to study reducing speed in various different communities in the city.
Motion by Snell, second by Kirby to amend the previous motion to approve Ordinance 2004-11,
with instructions to staff to bring forward discussion and possible action on speed limits throughout
the city. Approved 6-0.
Vote on original motion as amended: Approved 6-0,
7. Second Reading of an ordinance designating 9th Street between Walnut Street and College
Street as one way (eastbound) and directing the Chief of Police to erect the appropriate signage
-- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility
Operations
Miller read only the caption of the ordinance on second reading. Motion by Noble, second by
Kirby to approve Ordinance 2004-12. Approved 6-0.
8. Second Reading of an ordinance amending Section 10.12.090(D) of the Code of Ordinances
establishing the speed limit on Rivery Boulevard from Ranch Road 2338 (Williams Drive/Andice
Highway) to the southbound (west) frontage road of IH -35 -- Mark Miller, Transportation Services
Manager and Jim Briggs, Assistant City Manager for Utility Operations
Miller read only the caption of the ordinance on second reading. Motion by Kirby, Sansing to
approve Ordinance 2004-13. Approved 6-0.
9. Second Reading of an ordinance amending Section 10.12.090(D) of the Code of Ordinances
establishing a 40 -mph speed zone on Northwest Boulevard from Serenada Drive to Hedgewood
Drive -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for
Utility Operations
Miller read only the caption of the ordinance on second reading. Motion by Sansing, second by
Kirby to approve Ordinance 2004-14, Approved 6-0,
10. Second Reading of an ordinance repealing Ordinance No. 2002-21, as codified at Chapter 2.110
of the Code of Ordinances, pertaining to the Public Safety Advisory Board-- Paul E.
Brandenburg, City Manager
Brandenburg read only the caption of the ordinance on second reading. Motion by Sansing,
second by Smith to approve Ordinance 2004-15. Approved 6-0.
S Public Hearings/First Readings
1. First Reading of an Ordinance of the City Council of the City of Georgetown, Texas, establishing a
cemetery use for a 20.49 acre site in the Stubblefield Survey, Abstract No. 556, located in the
City's Extra -territorial Jurisdiction (ETJ) at 330 Berry Lane in compliance with the requirements of
Senate Bill 667 (78th leg. sess. 2003) -- Bobby Ray, Chief Development Planner and Amelia
Sondgeroth, Director of Development Services
This item was handled earlier, following Item P.
2. First Reading of an Ordinance for a Century Plan Amendment from the existing Level 3 to the
proposed Level 4 for Block A, Lots 1, 21 5 and 6 of the Dalrymple Addition, and change the Future
Land Use Plan from Residential to Office/Services -- Ed Polasek, Chief Long Range Planner and
City Council Meeting Minutes/January 27, 2004
Page 11 of 13 Pages
Amelia Sondgeroth, Director, Planning and Development Services
Polasek explained the ordinance and noted that there were people who spoke against this
ordinance at the Planning and Zoning Commission. He said the Planning and Zoning Commission
recommends denial, but staff recommends approval. Polasek read only the caption of the
ordinance on first reading after having satisfied the requirements of the City Charter. Nelon
reminded Council that five affirmative votes are required to override the action of the Planning and
Zoning Commission.
Motion by Sansing, second by Smith to approve the ordinance on first reading. There was
discussion. Denied 4-2. (Eason, Noble, Kirby and Snell opposed) The ordinance was not
approved.
3. Public Hearing to Consider a Rezoning of Dalrymple Addition, Block A. Lots 5 & 6 and Part of
Lots 1 & 2, from RS, Residential Single-family to OF, Office located at 1301 Hart Street and 1218
Timber Street -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director,
Planning and Development Services
The public hearing was opened at 10:35 p.m. There were no comments. The public hearing was
closed at 10:35 p.m.
4. First Reading of an Ordinance Rezoning Dalrymple Addition, Block A, Lots 5 & 6 and Part of
Lots 1 & 2, from RS, Residential Single-family to OF, Office located at 1301 Hart Street and 1218
Timber Street -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director,
Planning and Development Services
This item was not handled because the Century Plan Amendment for this property (see Item S-2
above) was denied.
T Consideration and possible action to establish a citizen bond committee for a November 2004 bond
election for city facilities -- Tom Yantis, Assistant City Manager
Yantis noted that this bond committee will assist the staff about the scope and size and education of the
public for a bond issue. He said the suggested composition of the committee is that there be one member
recommended from each councilmember and two from the Mayor. He asked that the recommendations be
given to the Mayor by February 4, so that they could be brought forward on the next council agenda for
council approval.
Motion by Snell, second by Kirby to establish a citizen bond committee for the 2004 bond election for city
facilities with two members from each district and three members recommended from the Mayor.
Approved 6-0.
U Consideration and possible action to authorize staff to negotiate a contract for architectural master
planning services for city facilities identified as immediate needs in the City of Georgetown Facilities Plan
-- Tom Yantis, Assistant City Manager
Yantis read information regarding the identification of the need for the bond election and the chronology of
the process. He said eight firms were interviewed and the selection is Croslin and Associates. He said
Croslin and Associates has included two local firms in their contract.
Chuck Croslin gave a presentation about his firm's proposal. Motion by Noble, second by Sansing to
authorize staff to negotiate a contract with the architectural firm just presented that does not exceed the
budget, and if it does exceed the budget, the contract would be brought back to Council for approval.
Approved 6-0.
The meeting was adjourned at 10:50 PM.
City Council Meeting Minutes/January 27, 2004
Page 12 of 13 Pages
Nelon
City Council Meeting Minutes/January 27, 2004
Page 13 of 13 Pages
Atte '/
i
`City Secretary Sandra Lee