HomeMy WebLinkAboutMIN 06.10.2014 CC-RNotice of Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, June 10, 2014
The Georgetown City Council will meet on Tuesday, June 10, 2014 at 6:00 PM at the Council Chambers at 101 E. 7`h
St., Georgetown, Texas
The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you
require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable
assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's
Office, at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8`h
Street for additional information; TTY users route through Relay Texas at 711.
Regular Session
(This Regular session may, at any time, be recessed to convene an Executive Session for any purpose authorized by
the Open Meetings Act, Texas Government Code 551.)
A Call to Order — Mayor called the meeting to order at 6.03 PM
Pledge of Allegiance
Comments from the Mayor
- Welcome and Meeting Procedures
City Council Regional Board Reports
Eason said that she and Ed Polasek attended the CAMPO regional meeting last evening and that Polasek would
speak on topics discussed in the CAMPO meeting later in tonight's city council meeting. Eason went on to say
that she will report from the Lone Star Rail District Board of Directors meeting from last Friday. She went on to say
that there are some important announcements. She is pleased with the new Director of TXDOT Rail Division, Eric
Stevens. Eason said the emphasis will be on multi -modal response to traffic problems. Mr. Stevens believes that
we cannot continue to build our way out of gridlock. She explained that the focus will be on building rail
infrastructure, identifying funding, advancing projects through the federal environmental process and developing a
pipeline of projects. Eason reported that Mr. Stevens is currently looking at the State Rail Plan to identify the
pipeline of projects and which projects should be advanced by the private sector versus the public sector. She
said that the appointment of Mayor Julian Castro as Secretary of HUD will be important to projects like Lone Star
Rail District because he will also be serving on the decision making board determining the funding for projects like
the Lone Star Rail District. Eason went on to say that the actual kickoff for the environmental impact study, which
the City has been long awaiting, was last Friday. She explained that City Council made the decision to stay in the
Lone Star Rail district because of getting this study accomplished. She said that here was a lot of discussion
regarding the competition with other communities at this meeting. Eason said San Marcus, Austin and San
Antonio are highly involved going forward. She said the cities of Kyle and Buda have recently gotten extremely
involved and mentioned that Buda City Council directed their staff last week to find the funds for a station and the
funds to do the environmental study. The report from the Lone Star Rail District Board of Directors meeting will be
attached to the minutes of this meeting.
City Manager Comments
- Fourth of July and Fireworks Regulations
Brandenburg spoke regarding fireworks. Citizens were reminded that fireworks of any kind are not allowed in the
City limits or within 5,000 feet of the City limits. He mentioned that violations can lead to fines of up to $500.
Action from Executive Session
Motion by Jonrowe, second by Fought authorizing staff to proceed with the defeasance of outstanding debt as
discussed in executive session. Approved 7-0
Motion by Gonzalez, second by Hesser to pay contract funds in the amount of $181, 380.98 to Cunningham
Constructors & Associates Inc. and to retain contract funds in the amount of $335,592.50 pending final resolution
of Cause No. 13-0553-C277, styled Smith Pump Company, Inc. v. Cunningham Constructors & Associates, Inc.
and in Hanover Insurance Company, in the 277th Judicial District Court of Williamson County, Texas related to the
Lakewater Treatment Plant Phase 3 Expansion Project
Approved 6-1 (Jonrowe opposed)
Public Wishing to Address Council
On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the
table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish
to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be
called forward to speak when the Council considers that item.
On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the
City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the
topic they would like to address and their name. The City Secretary can be reached at 512/930-3651.
B - Hugh Norris would like to address the City Council regarding the Georgetown Airport
- John Milford would like to address the City Council regarding the Georgetown Airport
Mr. Norris spoke to the Mayor and City Council. His speech is attached to the final minutes of this meeting.
- Pablo Holguin would like to address the City Council regarding the Georgetown Airport
Mr. Holguin spoke to the Mayor and City Council. His speech is attached to the final minutes of this meeting.
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that may be acted upon with one single
vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as
part of the Regular Agenda.
C Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on
Tuesday, May 27, 2014 — Jessica Brettle, City Secretary
D Consideration and possible action to appoint members and a Chair to the Road Bond Committee — Mayor
Dale Ross
E Consideration and possible action to approve the appointment of the City Council Members to the Boards &
Commissions — Mayor Dale Ross
F Consideration and possible action to approve the appointment of Keith Brainard as Chair of the General
Government and Finance Advisory Board (GGAF) -- Mayor Dale Ross
G Forwarded from the General Government and Finance Advisory Board (GGAF):
Consideration and possible action to approve the purchase of Dell/Compellent Storage Area Network
Upgrades from EST Group for $122,128.02 -- Mike Peters, Information Technology Director
H Forwarded from the General Government and Finance Advisory Board (GGAF):
Consideration and possible action to approve the purchase of annual software maintenance renewal from
Infor, Inc. for the Enterprise Asset Management (EAM) system in the amount of $69,020.37 -- Mike Peters,
Information Technology Director
I Forwarded from the General Government and Finance Advisory Board (GGAF):
Consideration and possible action to approve the purchase of annual software maintenance renewal from
Ford Audio/Visual for replacement AN equipment for the City Council Chamber in the amount of $92,544.05
-- Mike Peters, Information Technology Director and Keith Hutchinson, Public Communications Manager
Motion by Brainard, second by Hesser to approve the consent agenda with the exception of items D and E, which
were pulled to the Regular Agenda by Eason. Approved 7-0
Legislative Regular Agenda
D Consideration and possible action to appoint members and a Chair to the Road Bond Committee —Mayor
Dale Ross
This item was moved to the legislative regular agenda by Eason.
Eason asked to publicly list the Road Bond Committee members who were chosen by the City Council. She read
the list as follows:
Mayor Ross — Tom Crawford (Chair)
District 1 Eason — Bob Smith
District 2 Brainard — John Kiltz
District 3 Hesser — Charles Baker
District 4 Fought — Virginia Hahn
District 5 Hammerlun — Jack Alley
District 6 Jonrowe — Sharon Reed
District 7 Gonzalez — Michelle Brown
GTAB Member —Truman Hunt
GTAB Member — Chris H'Luz
GTAB Member— Scott Rankin
GTAB Member — Ray Armour
GTAB Member — Steve Johnston
GTAB Member — David Johnson
GTAB Member —John Pettitt
Mayor Ross explained that the purpose of Road Bond Committee was to get a cross section of citizens for bond
issues. This Committee will bring their finding to Council in the Spring of 2015.
Eason explained that staff had recommended that the original bond package should be reduced in size, while the
Georgetown Transportation Advisory Board recommended that the bond package be moved forward with all of
the proposed items, as is. Eason explained that City Council wanted input from the general citizenry, advising
whether to observe staffs recommendations, GTAB's recommendations, or somewhere in between the two
recommendations.
Motion by Gonzalez, second by Fought to approve the appointment of the Chair and Road Bond Committee
members. Approved 7-0
E Consideration and possible action to approve the appointment of the City Council Members to the Boards &
Commissions — Mayor Dale Ross
This item was moved to the Legislative Regular Agenda by Eason.
Mayor Ross explained that he had asked the Council to provide him with their top three choices for appointment.
Mayor Ross then read his recommendations for appointments
Patty Eason — GEDCO and GUS
Keith Brainard — GGAF and RIVERY TIRZ
John Hesser — GEDCO, GTEC and GTAB
Steve Fought — GUS and GEDCO
Jerry Hammerlun — GTEC and GGAF
Rachael Jonrowe — GTAB and ANSAB
Tommy Gonzalez — GGAF and GTEC
Motion by Gonzalez, second by Fought to approve the appointment of City Council Members to the Boards &
Commissions. Approved 7-0
J Public Hearing and First Reading of an Ordinance on a Rezoning of 14.5 acres in the John Berry Survey from
the Industrial (IN) District to the General Commercial (C-3) District, located along Berry Creek Drive near
the intersection of SH 195 and IH35 -- Valerie Kreger, AICP, Principal Planner and Andrew Spurgin, AICP,
Planning Director (action required)
Spurgin said that the proposal is to combine this 14.5 acre track with an adjacent 10 acre track to make a larger
retail useable site. He said that the Planning & Zoning Commission recommended approval on May 20, 2014 and
staff also recommends approval. Spurgin explained that there have been no comments from the public to staff.
He then read the Ordinance.
The Public Hearing was opened by Mayor Ross at 6:26 PM.
Having seen and heard from no one, the Public Hearing was closed by Mayor Ross at 6:26 PM.
Brainard asked if the property owner has indicated his intended use for this property. Spurgin answered for retail
use and mentioned that a representative was in the room.
Motion by Jonrowe, second by Gonzalez to approve the item. Approved 7-0
K Forwarded from the General Government and Finance Advisory Board (GGAF):
Consideration and possible action to recommend Weaver And Tidwell, LLP as the audit firm to serve as the
City's independent, external auditors for a three year period, beginning with the current fiscal year with up to
2, one-year renewals -- Susan Morgan, Finance Director and Micki Rundell, Chief Financial Officer
Morgan spoke regarding consideration to recommend Weaver and Tidwell as an independent auditor for the City.
GGAF recommended this auditor unanimously after an analysis process and study, request for proposals,
evaluations and interviews. She mentioned that the staff also recommends this independent auditor. Morgan
said Kevin Sanford from Weaver and Tidwell was present for questions.
Motion by Gonzalez, second by Hammerlun to approve the recommended audit firm. Approved 7-0
Mayor Ross asked the Council for their permission to skip to Item Y on the agenda since multiple people are
present and have signed up to speak on this item.
Order went to item Y before returning to item L
L Consideration and possible action to approve the kitchen renovation at the Mary Bailey Head Start Center in
the proposed 2014/15 Budget not to exceed $40,000 -- Micki Rundell, Chief Financial Officer and Paul E.
Brandenburg, City Manager
Micki Rundell explained that the City owns the building that the Head Start Programs operates out of. There are
inspection issues and complaints filed against the kitchen. The Lease Agreement with Head Start requires the
City to provide improvements when necessary. The project has an estimate of $80,000. WBCO will match
$40,000. We did a similar project with the Meals on Wheels kitchen renovation in 2011 and had to pay the entire
$130,000. WBCO will do the project.
Laura Adamson, from WBCO, said that 80 Head Start children are attending the program in this building. They
are currently serving meals to 200, including the children across the street at the Raleigh Elliott facility which
houses the program for the early Head Start Program. Raleigh Elliott is an extremely small building. The kitchen
renovation would provide the space to serve the children in both buildings. Adamson explained that Head Start
children are qualified by income eligibility, disability or foster care. Anderson shared what she called a wonderful
story of a Head Start mom who eventually became a Director for Head Start. She also shared a story where a
child from the Head Start Program chose healthy foods when given choices, along with unhealthy choices, and
attributed this to the healthy food education provided at Head Start.
Fought asked why this request was not included in Youth and Social services process. He would like to include
the figures for the kitchen renovation in the reporting for Youth and Social services expenditures.
Brainard asked Rundell if the City was required to fund the kitchen renovations. Rundell explained that it is part of
the lease agreement to maintain the property. The request is eligible for this type of one time funding.
Jonrowe said that she respectfully disagrees with Fought. She explained that because the City owns the property,
the City would be responsible for the facility's upkeep. She does not want the funds included in the report for
social service expenditures.
Brainard disagreed. He said this is not maintenance but rather a required upgrade. He asked if the County has
expressed any interest in contributing to their mandate. Rundell explained that it is the Health District's
requirement to meet the code standards. The facility did not meet code. Brainard asked if the applicant requested
funds from the County. Rundell was not aware if they had.
Motion by Gonzalez, second by Jonrowe to approve the kitchen renovation at the Mary Bailey Head Start Center.
Approved 6-1 (Brainard opposed)
M Consideration and possible action for approval of Resolutions supporting FY 2015-2019 Surface
Transportation Program -Metropolitan Mobility (STP -MM) funding requests to CAMPO for Austin Avenue
Bridge Replacement over the North and South San Gabriel Rivers and FM 971/North Austin Avenue
Intersection Improvements — Edward G. Polasek, AICP, Transportation Services Director and Nat Waggoner,
PMP, Transportation Analyst
Polasek said at the last evenings CAMPO meeting, the board extended the deadline for applications from June
201h to July 21s`. Staff originally received the application on the 20`h of May with a deadline of the 20`h of June.
Staff now has time to address these applications at the GTAB workshop on July 8`h for recommendations and
proposals. They will have the final report on the Austin Avenue Bridges' conditions and final estimates on design
and construction on bridge replacement. Two projects that will be brought forward will be the potential Austin
Avenue bridge replacements and the intersection improvements at FM 971 and North Austin Avenue. One is on
the State System and one is environmentally cleared, so the environmental clearing process could go forward
without additional burden.
The estimated cost of construction with the pedestrian improvements and replacement of the bridge structures is
6.1 Million dollars. This will give staff time to work with TXDOT on any potential funding and apply to CAMPO for
additional funding. The FM 971 and North Austin Avenue Intersection Improvement Project cost is estimated to
be around 2 million dollars. This will potentially be funded by the 2008 Road Bonds. Staff is currently working
toward as much federal funding as possible. Polasek said he will bring detailed applications and Resolutions to
the City Council workshop and meeting on July 8, 2014.
Motion by Jonrowe, second by Hesser to approve the Resolution. Approved 7-0
N Second Reading of an Ordinance establishing the South Georgetown Tax Increment Reinvestment Zone --
Micki Rundell, Chief Financial Officer, Mark Thomas, Economic Development Director and Paul E. Brandenburg,
City Manager (action required)
Rundell spoke regarding the Ordinance being the last step to finalize the South Georgetown TIRZ and read the
ordinance. She explained that the TIRZ would enhance development and jobs creation. She anticipates a
potential job creation center.
Motion by Eason, second by Gonzalez to approve the Ordinance. Approved 7-0
O Consideration and possible action to approve a Resolution appointing the Board of Directors for the
Georgetown South Tax Increment Reinvestment Zone -- Micki Rundell, Chief Financial Officer, Mark Thomas,
Economic Development Director and Paul E. Brandenburg, City Manager
Rundell spoke on this item and read the list of the recommended Board of Directors for the Georgetown South
Tax Increment Reinvestment Zone.
Patty Eason, City Councilmember, District 1, (Chair) (Position 1)
Mark Thomas, City Economic Development Director (Position 2)
Glenn Dishong, City Utility Director (Position 3)
Andrew Spurgin, City Planning Director (Position 4)
Buddy Yaeger, Chairman of the Georgetown Utility System Advisory Board (GUS) (Position 5)
Dale Ross, Mayor, City of Georgetown (Position 6)
Bill Conner, President of Georgetown Transportation Enhancement Corporation (GTEC) (Position 7)
Rundell explained that members appointed to positions two, four and six shall be appointed to 1 year terms, while
the subsequent appointment positions will serve for 2 year terms.
Motion by Gonzalez, second by Hesser to approve the Resolution. Approved 7-0
P Forwarded from the Georgetown Utility Systems Advisory Board (GUS):
Consideration and possible action to approve an Offsite Utility Construction and Cost Reimbursement
Agreement for the Westinghouse Road Wastewater Improvements between the City of Georgetown and
Westinghouse Road Development Group, LLC -- Glenn W. Dishong, Utility Director & Wesley Wright P.E.,
Systems Engineering Director
Dishong explained that the purpose of this offsite utility construction would be to facilitate wastewater
improvements to allow development is the TIRZ land area. The land is currently owned by the City and 4 land
owners, developers. The deal points are still in negotiations. As of Monday negotiations were fairly tightened up.
WRDG will need to provide precise language and will need more time. Dishong explained the deal points for both
WRDG and the City and listed them.
Dishong asked the Council for direction to staff and permission to continue negotiations. He asked the Council to
approve the signature of the Mayor to execute the agreement.
Jonrowe asked Dishong why this is brought to council tonight prior to contract being finalized.
Dishong explained that the timeliness of the design of the lift station is imperative.
Jonrowe said that she is uncomfortable agreeing to something without the formal language yet, with
documentation not attached. She is wary to approve until she has documents in her hand.
Eason noted that this is not a final agreement and wanted to give direction to staff to develop the final agreement.
Mayor Ross asked if it is possible to have the documentation by the next council meeting. Mayor said that it
would be fair to assume that Council is supportive of this item.
Dishong said that this could be done by the next Council meeting or could take up to a few weeks.
Motion by Jonrowe, second by Hesser to postpone the item until the next council meeting. Approved 7-0
Q Forwarded from the Georgetown Utility Systems Advisory Board (GUS):
Consideration and possible action to approve an Offsite Utility Agreement for the Queens Tract with Pulte
Homes of Texas, LP -- Wesley Wright, P.E., Systems Engineering Director
Wesley Wright spoke and showed a map of proposed utility agreement with Pulte Homes for the Queens Tract, a
proposed expansion of Sun City. He explained that temporary sewer is available. Permanent sewer is not. Staff
has asked the developer to contribute funds instead of building temporary throw away projects so that funds can
be diverted to the Berry Creek interceptor, a master plan improvement. The developer has agreed to contribute
the dollar cost of their two options and the City and it will be used to leverage funds to help fund the Berry Creek
Interceptor.
Motion by Fought, second by Gonzalez to approve an Offsite Utility Agreement with Pulte Homes. Approved 7-0
R Forwarded from the General Government and Finance Advisory Board (GGAF):
Consideration and possible action to approve a contract with Basic IDIQ Inc. for repairs to the Georgetown
Tennis Center in the amount of $118,020.35 -- Laurie Brewer, Assistant City Manager, Bridget Chapman, City
Attorney and Paul Pausewang, Support Services Manager
Brewer spoke about the damage from a water heater leak at the Tennis Center. She explained that the Tennis
Center experienced significant damage and a potential mold problem. She went on to say that TML worked with
the City on procedures and documentation. It has become clear that insurance will not cover the amount that the
City has determined will be needed. The City felt that there was enough damage to trigger the typical ADA
upgrades that are required anytime there is a 50 thousand dollar repair made. TML said they will pay $32
thousand dollars. The City feels the TML portion should be 73 to 90 thousand dollars. The City will continue to
work with TML but would like to proceed with the repairs in a timely manner to receive TML reimbursement later.
GGAF has made a recommendation the item be approved and that if there were any leftover funds they should be
used to resurface the tennis courts. She said that legal council is working on the claim and pursuing TML.
Brewer went on to explain and list the suggested repairs, the cost of each needed repair, and the accounts the
funds will temporarily come from.
Motion by Brainard, second by Gonzalez to approve a contract for repairs to the Georgetown Tennis Center.
Approved 7-0
Jonrowe asked if the Friends of the Parks ever fundraise specifically for the Tennis Center. Brewer answered
saying that Park Pals is a fairly new group and focuses more on providing scholarships and swimming lessons.
S First Reading of an Ordinance amending Chapter 8.04 "Fire Prevention Code" to provide for the adoption of
the 2012 International Fire Code and corresponding local amendments -- John Sullivan, Fire Chief (action
required)
Chief Sullivan spoke on Fire Code. He said that the City is currently operating in the 2003 International Fire Code.
He recommends that the City update to the 2012 International Fire Code to more closely align with other regional
practices. Chief Sullivan reminded everyone that a general overview was given in the workshop meeting. He
said that the Building Standards Commission has reviewed this over the last several months. They unanimously
supported bringing this update to the in International Fire Code to the Council. Sullivan described and listed the
unique changes to the code. Sullivan said that there has been limited/no input from the development community
until today when the Chief met with two stakeholders - Steger & Bizzell and representatives from the Novak
Project. Sullivan then read the caption. Sullivan asked council to modify the effective date to November 1, 2014
instead of October 1, 2014
Brainard asked the Chief if he expected this change to have an effect on the insurance rates for our citizens. The
Chief answered that he does not expect this to be the case initially, but certainly in the long term.
Jonrowe asked questions about A.E.D. regulations. Sullivan said the City's AED regulations are differing from the
regional partners. The City has borrowed from the Metroplex area. There is a state law to register an AED with
the municipality. The City will be doing the prevention inspections annually anyway. He said that selfishly he
wants this in place so it will be in the CAD system and dispatch system. When a cardiac arrest call comes in they
will know automatically where to point that person for an AED. There will be consistent training, etc. The whole
goal is to exceed the current cardiac survival rates, which are 25% with a goal survival rate of 45%.
Jonrowe asked about recreational fires. Sullivan gave a description and explanation of a recreational burn.
Sullivan explained the permitting process as well as set back distances and wind regulations.
Motion by Hesser, second by Eason to approve amending the Fire Prevention Code. Approved 7-0
T First Reading of an Ordinance amending Chapter 8.08 "Fireworks" relating to regulation of fireworks within
the City limits and extending for a distance outside the City limits for a total of 5,000 feet -- John Sullivan,
Fire Chief (action required)
Sullivan spoke on the local ordinance updates on fireworks possession and use and the enforceability of the
regulations. He read some of the clarifications in the Ordinance.
He then read the caption.
Brainard asked if it was illegal to have an unlit sparkler in the City. Sullivan said yes, as defined as a firework. An
unpackaged firework can be confiscated. Sullivan explained the practical side. This coincides with State
regulation. The language implies the intent and is meant to educate the public. Brainard said that this will make a
criminal out of every child standing on a sidewalk on the Fourth of July in the City of Georgetown.
Eason said she can attest to the damage sparklers can cause. Sullivan explained that may be sparklers minor in
nature but can produce significant injury and fires can be caused easily. The regulations apply everywhere within
5000 feet of the city limits.
Motion by Jonrowe, second by Eason to approve the Ordinance.
Discussion followed regarding firework enforcement in the City Limits as well as the ETJ. Sullivan reiterated that
sparklers truly are one of the leading causes of injury for those using fireworks. He would like to sponsor
community outreach for education.
Motion by Brainard, second by Fought to amend the Ordinance to remove the term "sparklers" from the City's list
of forbidden Fireworks.
Vote on the amendment: Failed 2-5 (Eason, Hesser, Hammerlun, Jonrowe, Gonzalez opposed)
Vote on the original motion: Approved 6-1 (Brainard opposed)
U First Reading of an Ordinance amending Chapter 2.28 "Fire Department" to reflect recent organization
changes and other updates -- John Sullivan, Fire Chief (action required)
Sullivan explained the need for changes in the organization and listed the changes. He then read the caption.
Motion by Eason, second by Gonzalez to approve the Ordinance. Approved: 7-0
V Second Reading of an Ordinance for the Voluntary Annexation of 98.22 acres in the Hudson Survey, to be
known as Celebration Church located at Rabbit Hill Road and Westinghouse Road -- Jordan J. Maddox,
AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required)
Spurgin read ordinance caption. He said that this annexation is triggered by a need for utility service by
Celebration Church.
Motion by Hammerlun, second by Hesser to approve the annexation. Approved 7-0
W Second Reading of an Ordinance for a Rezoning of 108.565 acres in the Francis Hudson and J.S. Patterson
Surveys, from Agriculture (AG) District and Residential Single-family (RS) District to Public Facility (PF)
District, to be known as Celebration Church, located at 1202 Rabbit Hill Road -- Carla Benton, Planner and
Andrew Spurgin, AICP, Planning Director (action required)
Spurgin explained that this ordinance for rezoning is for the expansion of Celebration Church. He then read the
caption.
Motion by Hammerlun, second by Hesser to approve the rezoning. Approved 7-0
X Second Reading of an Ordinance for the Voluntary Annexation of 45.79 acres in the Fish Survey located near
Williams Drive near the intersection of Woodlake Drive, to be known as Lakeside at Lake Georgetown --
Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required)
Spurgin read the Ordinance and presented a map. He explained that staff recommended the annexation.
Motion by Gonzalez, second by Fought to approve the annexation. Approved 7-0
Y Second Reading of an Ordinance for the Rezoning of 116.45 acres in the Joseph Fish Survey, Abstract 232,
from the Agriculture (AG) District to 1.51 acres of Neighborhood Commercial (CN) District, 5.09 acres of
Local Commercial (C-1) District, and 109.54 acres of Residential Single -Family (RS) District, located on
Williams Drive and behind Ford Elementary School and the Woodlake residential subdivision, adjacent to
Lake Georgetown, REZ 2014-003 -- Michael Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning
Director (action required)
Spurgin explained that the rezoning of 116.45 acres is a different number than the number used for the
annexation on this property because some of the property was already in the City limits. Spurgin explained that
the property proposed would be future land use of one lot per 2 acres and septic development that would drain
into the Lake Georgetown watershed with consequences for the City to consider. No written comments from
citizens at the time of proposal. The Planning & Zoning Commission recommended approval of this zoning with a
vote of 5-0 on May 6th . Two speakers spoke in opposition. The City Council approved the recommendation for
approval May 27, 2014 with a 5-2 vote with several speakers in opposition, siting flood plain and traffic flow
issues. Staff recommends approval.
Citizen speakers on this item included Laurie Stock, John Stock, Barbara Antal, Mirna Pope, Lorraine
Bustamante, Charlie Ross, Don Young, Bridget Moriarty, Amos Silva, Debra Farrow, Carolyn Pepi, Tom Pepi,
Kristin Thompson, Alice Sorenson and Rachel Ross. All were opposed to the development of this property, siting
traffic issues and flooding issues.
To listen to the entire set of comments from the public, please watch the meeting on GTV online at:
http://qeorgetowntx.swagit.com/play/061 02014-872/#9
Brian Birdwell the property applicant spoke. He said that he is a professional engineer and wants safety also. He
explained that Georgetown has a process for developing property. He would need zoning and annexation in
order to develop the property. He explained that this is only the first step, certainly not the last. His proposal is in
compliance with city regulations. He said he plans to build 299 homes on 109 acres. He explained that a new
entrance is proposed in the preliminary plat. Annexation and zoning must come before development of property,
before addressing engineering items, such as TIA's and drainage studies, etc. for staff review. He explained that
they are In compliance with City's future land use map —This is a low level density property — 3 units per acre or
less. Cedar Lake Blvd. is a residential collector street and they plan to address this. It starts with approving the
zoning and works from there. Explained 500 year flood plains and how they are in compliance.
Spurgin reread the caption.
Motion by Gonzalez, second by Fought to approve the Ordinance
Hammerlun asked if this would be the last time that Council would see this item if it was approved. Spurgin said
yes. The plat would go to the Planning and Zoning Commission. He said the Traffic Impact Analysis (TIA) was
already completed. Polasek was still reviewing the results. This information would be necessary at plat time.
UDC does not require a TIA at the time of rezoning but does require it at plat time.
Polasek spoke to say that he had reviewed a draft of the TIA. It is currently level at intersections, he explained.
The final review will include proportional improvements.
Hammerlun said he sees how this prevents the project from taking place until all of this takes place.
Jonrowe asked about the meaning in TIA levels. Polasek said that the rating must be a Service C to be approved.
He explained that the intersection at HWY 29 and 135 would be worse at peak times is Service D or F. An
example of a Level C would be the intersection of Lakeway and Airport Rd. A determination for a traffic light
would be required by traffic counts and turning movements. Service D or E might require a 4 way stop.
Spurgin explained that the development of plats would be held off until all approvals met the discovery of the TIA.
To his understanding this project will be multiple different plats over a series of years.
Jonrowe asked Spurgin if the City has embraced a connectivity philosophy. Spurgin said yes, to his
understanding. We do not allow gated communities for example. He said that topographically, there would be no
connectivity southward allowed.
Hesser asked how many cars would travel in and out of this neighborhood upon completion of the development.
Spurgin deferred the question to the engineer on the project.
Hank Smith, the engineer on the proposed development, thought the answer was 2950 trips per day at 300 units
(in and out) - this is not in addition to thel800 trips per day there already — it is a total of both.
Hesser said he would have to vote no tonight, until changes are resolved. He does not feel it is safe.
Brainard voiced concern about the Council not seeing this item again. If it is not coming back to Council
corrected, he could not vote to approve. Flooding, drainage and traffic cannot be assured to be resolved.
Fought addressed Chapman, the City Attorney asking if there a way to bring back to council, marking the item
"approved with an asterisk".
Chapman explained that the process is by Ordinance. Changes could not take place without amending the
Ordinance.
Hesser voiced respect for the developer, but wants an alternative. He said that Paul Brandenburg had once said
that good planning is what keeps congestion down (Brandenburg).
Gonzalez emphasized the importance of treating all concerns the same on all projects. Processes were put in
place for monitoring staff and connectivity issues. These things get resolved in the platting. He trusts that staff
will not approve platting that is a problem.
Mayor Ross asked to hear from the developer again.
The developer spoke again and explained that he is happy to resolve any issues. He has to follow the process
that the City has set up. The discussion this evening is not the process the city has set up. The developer said
that they are trying to follow the process. They have every intention of addressing all of these issues. He
reiterated that he cannot go through a process the City does not allow. The City requires the Public hearing at the
Planning and Zoning Commission meeting. The developer respectively requested that the City respects its own
process. He explained that they still must market their product. If their product is unsafe, they would not be able
to sell anything. They want safety just as much as those voicing concern.
Eason would like to remind people that there has been actual drawings and statements of the applicants for the
property. She said people are concerned and she would need to see specific numbers on streets and traffic. She
is concerned about the close proximity to the lake and flooding issues. This is a unique property. She wanted to
remind people that the connectivity issues in Sun City have still not been resolved. She said she will not go
forward without real solutions. She will vote against it to get it back to City Council.
Fought suggested approving the zoning and then working out the problems before the actual development. He is
adamant about transparency in government and wants the process and policies followed. He said he has
significant concerns so he suggests some exceptions to that process. What I want to do I am prohibited from
doing by ordinance. He encourages the developer to come back with more details.
Chapman explained that there would need to be a motion to postpone in order to request the applicant to work
out details and bring the plans back to Council
Gonzalez withdrew his motion.
Motion by Gonzalez, second by Fought to postpone this item. Approved 7-0
Brandenburg suggested the motion to postpone have specific information attached such as meet with engineer,
TIA complete and meet with the neighborhood.
Chapman said if this is applicant driven it will take care of these provisions.
Gonzalez said he is confused. We are considering zoning only. If we ask the applicant to make a final solution
prior to having the zoning. If the City decides not to rezone later, we have asked the applicant to make all of these
changes without any guarantees that he will even get the zoning. His money would be wasted.
Mayor Ross asked Paul to restate what should be required. Traffic concerns and water runoff. He can come
back with that in order to get the rezoning because of Council concerns.
Mayor Ross asked for a 5 minute recess at 7: 20 PM. The meeting returned to open session at 7:25 PM.
Z Second Reading of an Ordinance adding Section 12.32.230 "Airport Fuel Sales" to the Code of Ordinances
related to adoptions of regulations governing airport fuel sales -- Ed Polasek, Transportation Services Director
(action required)
Chapman explained that this item to be able to adopt regulations governing airport fuel sales. She then read the
caption.
Motion by Hesser, second by Hammerlun to approve the Ordinance. Approved 7-0
AA Second Reading of an Ordinance of the City Council of the City of Georgetown, Texas amending Section
8.32.010 and 8.32.030 of the Code of Ordinances by adding the definition for Waping Store" and exempting
those businesses, as defined, from the prohibition of smoking in public places -- Paul Brandenburg, City
Manager and Bridget Chapman, City Attorney (action required)
Brandenburg explained an exemption for vaping stores.
Brandenburg read the caption.
Motion by Jonrowe, second by Hesser to approve the Ordinance. Approved 7-0
BB Second Reading of an Ordinance amending the 2013/14 Annual Budget due to conditions that resulted in
new program requirements in the current year as requested by City Council, appropriating the various
amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith -- Susan Morgan,
Finance Director and Micki Rundell, Chief Financial Officer (action required)
Rundell described the item and read the caption
Motion by Hammerlun, second by Eason to approve the Ordinance. Approved 7-0
Chapman asked the Mayor if she could clarify a motion from Mayor Pro Tem Jonrowe made from executive
session pertaining to bond defeasance. She wanted to make sure for the record that everyone understood it
pertains to the Chisholm Trail special Utility District item.
Executive Session
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the
items listed below will be discussed in closed session and are subject to action in the regular session.
CC Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise
the City Council, including agenda items
- Public Safety Training Facility
- Lakewater Treatment Plant Expansion Contract
- CTSUD
- Rivery
- Hillwood
Section 551.086: Competitive Matters
- Electric CIP —Wesley Wright, P.E., Systems Engineering Director
Adjournment — Meeting was adjourned at 8.25 PM
Certificate of Posting
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting
was posted at City Hall, 113 E. 8'" Street, a place readily accessible to the general public at all times, on the
day of , 2014, at , and remained so posted for at least 72 hours preceding the scheduled
time of said meeting.
Jessica Brettle, City Secretary
Dale Ross, Mayor
A es :City Secretary
�TMMEIZY
061014
Thank you.
* Sunday Sun, May 18,2014, "Group Forming to Study 2015 Road Bond" by Matt Loeschnan
Good evening Mr. Mayor, members of the City Council, city staff and ladies and gentlemen. My name
is Hugh C. Norris, Jr. My wife and I reside at 4400 Luna Trail.
ort revenues would be lost due to airport closing. Ilonsense. Ad valorem taxes are the basis ot bonct
retirement. When one considers GTU transfer to a superior site and conversion of airport property to
high value real estate, property and sales taxes which are not now collected would flow in perpetuity
and more than pay for retirement of suc bo #s.
(b) Leases — The report describes huge land lease losses in revenues, damage claims from lessees and
buy back costs all resulting from closure of the airport. Nonsense. Only a Mueller to Bergstrom type
existing customers to a superior location.
(c) FAA/TxDOT lawsuits — The report describes lawsuits and huge pen ies a t the city
from FAA/TxDOT from closure for refund of taxpayer dollars invested through grants to the airport..
Nonsense. Officials of these two agencies were never asked their opinions regarding a Mueller to
Bergstrom type transfer of relocatable assets and aviation operations to a superior, alternate location
with minimal or no added cost to the taxpayer.
0 1
and the Summit at the Rivery. Add features of TIRZ, MUD, and other e ancements by prearranged
contract. The citizeifs property could well exceed $100 Million in sales value for mixed use land
development and $1 Billion in city economic impact.
(e) Business Loss — The report describes huge business losses and •. impacts on the city's
economy due to closure. Nonsense. Nothing is described about the tremendous benefits to the city's
economic base by relocation of aviation operations to a superior designed regional site capable of
serving the business community with no political interruptions for an unlimited future.
2. Given the current FAA grant assurance obligations, can the Georgetown Municipal Airport be
closed or moved?
The report describes in detail a myriad of contract clauses in FAA/TxDOT grant agreements making
closure illegal and huge costs to the city for relocation. Remember Muell&s transfer to Bergstrom. Did
the City of Austin suffer from such dire consequences? It is time for a serious conference with these
officials on their positions when abrupt • is withdrawn from the discussion and a Muller to
Bergstom option is pursued.
3. What would the cost be to move and/or build another airport to serve the Georgetown area?
The report describes a guesswork cost for building another airport of $30 to $50 Million. No
professional services are referenced for arrival at these values. The costs are based on abrupt closure..
Nonsense. No professional engineering, political and financial study has ever been conducted
describing how an alternate site based on a Mueller to Bergstom scenario can be developed and
operated nor at what cost.
The report does contain a paragraph that the best solution for the airport would be to encourage
development of the Central Texas Regional Airport near Georgetown as that would have the support of
most parties, The ACC agrees with that statement, We prefer the name Williamson County Regional
Airport. We all need to join collective efforts to make that happen. We have recommendations for that
effort. The first step is for City Council to advise staff that this defective and invalid AAB report is no
longer to be used as closure or relocation guidance doctrine for any ai ort issues.
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