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HomeMy WebLinkAboutMIN 04.13.1999 CC-W&RThe City Council ofthe City ofGeorgetown, Texas, met iORegular Session OOthe BobCouncil Present: RIMM"IF—TIM-M.0 Charles "Hoss" Burson, Charlie Barton, None Ferd Tonn, Lee Bain, Susan Hoyt, Shelley Davis, Shorty Valdez 7 Hart, City Manager; Sandra Lee, City Secretary; Art Rodriguez, Assistant City Attorney; Murray Bl8cknl8D. Assistant to the City MBOBg8[; \/8Rla Browning, Director of Community Services; HildVKingrD8,Chief Planner; Clyde von Rosenberg, Chief Planner; Wendy Walsh, Development Planner; Dave Hall, Building Official; Lenny Welch, Convention and Visitors Bureau Director | Called toorder at 5:35 p.m. A Presentation bythe Teen Leadership Class ofRichoUeHigh School proposing the creation ofoYouth Advisory Board -- Murray Blackman Several students from RichorteHigh School gave the Council obrief outline ofinformation regarding the creation of the Board. B Presentation by Williamson County Art Guild on Proposed Cultural Art Center—Verna Browning Browning introduced Dave Glanzer, President nfthe Williamson County Art Guild, who gave Council obrief history ofthe Art Guild and presented the proposal. Glanzer explained that the proposed funding budget ia close 0o$1 million over o2- oarpehodhzrthanomp|eiiunufPhaoe|. Local architect, Tom Nichols, displayed oconceptual drawing, Browning said aresolution would bepresented for Council action unthe next agenda. Regular Session called Voorder o8G15p.m.hoopanExeuuUxeS000ion C Sec551D71 consultation with attorney D 8eo551.O72deliberation onreal property E 8on.551D74personnel matters F Sec.551.075 conference with employee City Council Meeting Minutee64pri13.18QQ Page 1 of 9 Pages Called to order at 7:00 p.m. G Action from Executive Session Motion by Hoyt, second by Valdez, to set a hearing to hear the appeal of the termination of Dan Brown at 6:00 p.m. on April 28, 1999. Approved 7-0. H Mayor, Council, City Manager, and staff comments and reports Hoyt commented on Wood's political ad in the Williamson County Sun. She took exception to his comments about the Council. Wood apologized and said that the ad should have referenced those comments to the waterpark issue. Davis spoke of having attended the T.R.G. Neighborhood Association Easter Egg Hunt. Proclamation for 9-1-1 Teiecommunicators Day Wood read and presented the proclamation to Pat Taylor, Information Management Director for the Georgetown Police Department. Citizens wishing to address the Council Glenda Overfelt, 951 C.R. 317, and John Montgomery, 408 Sinuso Drive, representing Downtown Georgetown Association, presented Council with copies of two propositions regarding the downtown parking situation, calling for a 112 cent sales tax, including a petition to call a referendum for election; and to organize groups to work on the proposal. They indicated they are working with groups to bring these two proposals back to Council at the next Meeting. Della Green, 1901 Vine Street, said she wanted to ask the City Attorney a question about the City Charter regarding qualifications of city council candidates. She asked Assistant City Attorney Art Rodriguez if a sitting Councilmember, representing a district, could run for another position. Rodriguez said a sitting councilmember could, in fact, run for another position. Wood asked that Rodriguez provide, in writing, the answer to her question. Ms. Green said she didn't require a response in writing and had asked that it be answered in public forum. She said she thinks the City needs a Charter revision. William P. Mulock, 3021 Addie Lane, asked Hart to explain the identity of the Central Texas Recreation Corporation. Hart explained that was the proposed name given to the 4B corporation that would be appointed by the Council if the item is approved. Mulock said he received information in the mail that ridicules the local newspaper. Alan Landry of Austin told Council that he is a former employee at Texas Disposal Systems and that he didn't single-handedly throw recycle material into the trash. He said he was given the order to trash the recycle material. He said he thinks a formal investigation should be done. Public hearing on the levy of assessments for cost and maintenance of improvements within the Georgetown Village Public Improvement District No. 1; and fixing liens and charges against the property within the District and the owners thereof -- Art Rodriguez Applicant's Attorney, Charlie Crossfield, explained the reason for the hearing. There were no comments from the audience or Council. Statutory Consent Agenda K Consideration of approval of the minutes for the Council Meeting of Tuesday, March 23, 1999 -- Sandra City Council Meeting Minutes/April 13, 1999 Page 2 of 9 Pages Lee L Consideration of a resolution in support of the creation of a Youth Advisory Board -- Murray Blackman M Consideration of a resolution repealing Resolution No. 940412-P relating to adopting a fee for performing a background check pursuant to the Brady Handgun Violence Prevention Act -- Larry Hesser N Consideration of an award of an annual bid for janitorial supplies to various bidders in the estimated amount of $15,000.00 -- Terry Jones and Susan Morgan O Consideration and approval for Professional Services Agreement with Gray, Jansing & Associates, Inc., of Austin, Texas for engineering services related to the design of the F.M. 2243 16 -inch Water Line Improvement Project in the amount of $157,800.00 -- Don Rundell and Jim Briggs P Consideration and approval of a proposal from OMI to provide out of scope services to construct an eight -inch well at the San Gabriel Water treatment plant, and site an additional well for future needs, in the amount of $225,000.00 -- Dan Wallace and Jim Briggs Q Consideration and approval of a proposal from OMI to provide out of scope services, for design and construction of hypochlorite disinfection systems at all water and wastewater plants, in the amount of $175,000.00 -- Dan Wallace and Jim Briggs R Consideration of a Detailed Development Plan of Park Central One, Section 11, Block B, Lot 1, to be known as Micro Pack 111, located at 200 Commerce Blvd, with Variances to the Subdivision Regulations -- Hilly Kingma and Wendy Walsh S Consideration to a request to remove an administrative condition placed on the first reading of a Rezoning and Century Plan Amendment for a portion of Berry Creek, Section Five and a Resubdivision of the Sybert Subdivision, to be known as, Berry Creek, Section 5, Tract 1, located on S.H. 195 -- Hildy Kingma and Carla Benton Motion by Barton, second by Valdez to approve the Consent Agenda in its entirety. Approved 7-0. Legislative Regular Agenda T Second Reading of an Ordinance to Amend the Century Plan for 61.8 acres in the William Addison Survey, from Intensity Level Three to Intensity Level Four, located on SH29, to be known as SummerCrest {formerly known as First Charter Subdivision -- Hildy Kingma and David Munk Munk read only the caption of the ordinance on second reading. Motion by Valdez, second by Torn to approve Ordinance No. 99-19. Approved 7-0. U Second Reading of an ordinance to Rezone 515.75 acres in the David Wright Surrey, from RS, Residential Single Family to RP, Residential Planned consistent with the approved Airport Master Plan or any more restrictive district, located between Airport Drive and Northwest Boulevard, north of Lakeway Drive, locally known as the Georgetown Municipal Airport -- Kim Mettenbrink and Hildy Kingma Kingma read only the caption of the ordinance on second reading. Motion by Tonn, second by Barton to approve Ordinance No. 99-20. Approved 7-0. V Consideration of instructing the staff to file the necessary legal papers for the creation of the Central Texas Recreation and Entertainment Corporation -- Bob Hart Hart explained that at the adoption of the Budget last year, Council had requested the staff to seek ways to fund the exposition center with the County; to work on the transportation network throughout the community; and seek sales tax generating revenues in order to reduce the General Fund dependency upon Electric Fund transfers because of the expected movement toward electric deregulation. He explained that if Council approved this item it would not be a vote for the waterpark. City Council Meeting Minutes/April 13, 1999 Page 3 of 9 Pages Mike McMaster, 517 B Luther Drive, said he looks at the positive aspects of bringing the waterpark to Georgetown. He explained that the people who buy tax-free bonds will buy them somewhere. He said the City will not be spending any money on the project. He cautioned the Council not to vote against this item tonight because the issue might never be able to be brought back. He said as long as the federal government is giving away money, Georgetown should get as much as they can. Gerry Anderson, (no address given), said the local newspaper has not been very helpful about this item. He said he has done some research on 4B corporations and that 4B corporations are good. He said he felt the community needs to be educated about 4B corporations. John Barnhardt, 550 W. 22nd Street, Apt. 9205, said he lives fairly close to where the waterpark would be constructed. He said he was very leery of the project in the beginning, because he used to live in Garland, Texas where there used to be a waterpark that "went under" because the City did not support it. He said he understands that Hart has said that the City would not participate in the project if it is harmful to the City. He said he understands that Mr. Hall has agreed to pay funds to the school district in lieu of taxes. He asked Council to at least create the 4B corporation in order to be able to make further decisions later. Richard Miles, P. 0. Box 2, said he also is in favor of the waterpark project. He said he has found out that there are over 300 4B corporations in the state of Texas. He said he has asked people why they are not in favor of the waterpark project, and said they compared this project to a previous 4B project, Power Computing, which went under because their license was removed. He said he strongly suggests that the Council approve the creation of this new 4B corporation. Margaret Fox, 580 G.R. 116, said she went to the Library and read the report provided by the developer, looking for environmental impact. She said she is a neighbor of the location for the waterpark and asked why no environmental information was included in the report. She said she would like to hear from water experts regarding this project. Charlie Hipp, 114 Rabbit Hollow, said he lives adjacent to the proposed location for the waterpark. He said he is fearful of not having available water for the nearby homes. He asked the City Council not to approve the item. Vanessa Davis, 300 Luther Drive, Apt. 105, asked Council to note some larger issues. She explained that she is a professor of southern history at Southwestern. She said her class has been using Georgetown in their study. She said there are some issues regarding balancing growth with heritage and history. She said preservation has not been considered in southern Georgetown. She asked the Council to consider economic justice. Doris Oglesby, 623 B Luther Drive, suggested using the 4B corporation to fund the building of the exposition center instead of a waterpark. Frank Parmenter, 4106 Sequoia Trail East, read a letter that he provided to the Councilmembers asking them to defeat any involvement of the City in the waterpark project, and specifically not to allow any creation or usage of a 4B corporation. Randy Simmans, 740 County Road 151, said he is impressed with the school system here but has become discouraged about teachers looking for other places to teach in order to gain more salary. He said this project will provide revenue to the school system and the City. He asked the Council to approve the creation of the 4B corporation. John Montgomery, 408 Sinuso Drive, said he agrees with Ms. Davis and Ms. Oglesby who spoke previously, and that they are thinking of the city's fundamental needs. He said his proposal would do just that. He said the goals that were spoken of by Hart could all be achieved by his proposal. Lois Wright, 1605 E. 15th Street, said she represents over half of the student body of Georgetown High School. She presented Council with a petition signed by high school students who are excited about the proposed waterpark. Delia Green, 1901 Vine Street, said she was not speaking as a candidate but as a taxpayer in Georgetown. She said she supports the waterpark but is against the creation of a 4B corporation. She said the senior City Council Meeting Minutes/April 13, 1999 Page 4 of 9 Pages citizens have invested a lot of time and money into making the City what it is, but she also wants the Council to think about the voters of tomorrow. She said the area for the proposed waterpark should be annexed and the project should not consider using wells. West Short, 404 E. 7th Street, attorney representing Greg Hall, said he also is a citizen, and also had represented Power Computing. He noted that the City lost no money over the Power Computing issue. He spoke of a "perceived" belief that the citizens of Georgetown will not support the waterpark project. He said he is familiar with the people who are working against the project. He noted the positive results of a survey done over the weekend. He said by turning down the waterpark project, the City is sending the wrong message to prospective businesses looking at Georgetown. He said if they will go ahead and approve the creation of the 4B corporation, it could be determined at a later date whether the waterpark project is worthwhile. Reuben Rodriguez, 213 B West 8th Street, local attorney and CPA, said he is very comfortable with the proposed project. He said he is familiar with 4B corporations throughout Texas. He said his concern is the water usage and so he did some research and found out that Sun City's golf courses use an average of 1.7 million gallons per day throughout the year. He said the waterpark will use 1.5 million gallons to fill and then will recycle. Throughout the entire operation it will only use 2.5 million gallons of water. He said the revenues from the waterpark will far exceed the revenues from the Sun City golf courses. Kathy Pillmore, doing public relations work for developer Greg Hall, distributed surveys collected over the weekend. She explained that her firm invited the high school student council to do the survey in front of two stores in Georgetown. She said they did not give out any information, just asked questions. She said they collected 764 surveys of which 70% were in favor of the waterpark, 26% were opposed, and 4% were undecided. She also distributed fax information that came as a result of the Georgetown Gazette newspaper that they had published and distributed over the weekend, saying they had received much positive feedback. Mark Alien, 5012 Fountainwood Cove, said this discussion is about a waterpark, not a nuclear facility or truck stop. He said he felt this issue was about growth. He noted that the school district was not receiving very much revenue from the land as it is now. He cautioned that if this project were turned down, development of the proposed location would occur "piece meal." Greg Hall, 160 Lookout Ridge, said he has had a difficult time getting information out to the citizens. He said it is now clear to him what the real issues are. He asked the Council to spend time looking at the proposed project and see that it meets the goals and objectives of the Century Plan. He asked for the opportunity to begin the project now in order to obtain a good interest rate for his investors. He also reiterated that he fully intends to pay the funding to the school system. He said the caliber of the jobs that would be provided by the waterpark is good and will be a good opportunity for the young people of Georgetown. He said the project will bring in restaurants, hotels, and other businesses. He said he is not asking for taxpayer money. He said he lives near the proposed location and would do nothing that would harm Georgetown. Recessed at 8:34 p.m. - Resumed at 8:48 p.m. Wood asked to have put on the record that a letter had been received from the Georgetown Convention and Visitors Bureau saying they supported the concept but had reservations about the 4B financing method, water, traffic, and the divisive feelings in the community. When asked by Wood, Hart reiterated the purpose of the agenda item. Wood said that he and his family has lived in Georgetown and worked with the youth of the city for the last 30 years. He noted that everyone is concerned about the youth, but if the school district doesn't "buy in" to this project, he would prefer that the citizens be allowed to vote to decide on the project. He said he discovered that the City Council cannot set an election on a referendum, that has to be done by the citizens through the petition process. He hasn't heard from anyone from the school district that they are satisfied with proposal, so therefore he doesn't "buy in." Hall said it takes a 4B corporation to get the process started. He said that he and investor, Jose Chavez, would pay for the legal fees involved in forming the 4B corporation and would get the paperwork completed City Council Meeting Minutes/April 13, 1999 Page 5 of 9 Pages to prove that he and Chavez would be obligated to fund the schools in lieu of taxes. Hoyt said that she talked to GISD Superintendent Jim Gunn and she feels the school district wants tax on the value of the land and a guarantee by the City that the payments would be made whether the project is successful or fails. Mary Steger, from the audience, said the School District has issued a statement saying that the school district is opposed to the project being taken off the tax rolls. Bain said the current 4B corporation would need to be dissolved and there may be some legal issues involved with that. He feels the Council is in agreement to dissolve the old corporation. He said the new 4B corporation could be created whether or not a waterpark becomes the project --they are separate issues. He read information regarding the objectives of 4B corporations throughout Texas. He said he felt there were a lot of positive aspects of a 4B corporation, and would like to explore those options at the Council Advance after the election. He said he would be voting to approve the formation of a 4B corporation. He said he has some reservations about the waterpark project. When asked by Bain, Hart said he has spoken generally with some attorneys regarding the payment in lieu of taxes being paid prior to the payment of the bonds. Bain also asked to make sure that the City expenses were paid. He said he feels that Hall has agreed to do that. He asked that it be understood that if the 4B corporation is approved, there is no guarantee that the waterpark will also be approved. Barton said he echoes the remarks about the taxes. He said he feels all of the Council believes that the school district should receive their fair share of taxes. Torn said he still feels he needs a six-month period to review all the information. Barton said he doesn't think much will change in six months except the issue would no longer be an election campaign item. He asked that the Council make a decision tonight. Wood said he voted against tabling because he thought there could be a referendum. He said he has never seen an issue that has inspired so much controversy as this waterpark or 4B issue. He said he doesn't want six more months of this controversy. Burson said he agrees with Barton to vote tonight. He said he has received mostly negative phone calls regarding a waterpark until recently. He said he has received 10 positive calls today and wants to vote tonight on the item. Davis said since the conception of the project he has heard both positive and negative responses. He said he is hearing from his constituents that it would provide jobs. He said if this item is voted down tonight, the City will be sending the message that it doesn't want more growth. He said he is still concerned about the security of the school money. He said he appreciates the comments from the citizens. Hoyt asked Bain if the 4B corporations across the state were used for public or private projects. Hart responded that they were used for both, including airlines flying in and out of their cities. Hoyt asked if the 4B could have multiple projects going on at the same time. Hart explained that there could only be one 4B, but that 4B could have multiple projects and that each project would require public hearings. Burson asked and was told that if this 4B is voted down, and they decide they need one in the future, it could it be brought in by a vote of the Council. Bain asked about the current 4B corporation. Hart noted that according to the legal advice the City was given, the City was advised to keep the 4B alive for risk management and legal protection of the City. He said three years have not lapsed since the last activity of the current 4B corporation. He said it would be necessary to hire an attorney to ensure that the current 4B could be dissolved without creating a liability for the City. He explained that a portion of the land is still owned by Power Computing. Hoyt asked and was told that Mr. Montgomery's project could also be a 4B corporation project. City Council Meeting Minutes/April 13, 1999 Page 6 of 9 Pages Hart explained that the resolution that created the original 4B corporation stated that it could not be used for any other purpose than to bring Power Computing to Georgetown. Motion by Barton, second by Valdez to approve the resolution to create a 4B corporation that would not be specifically for the creation of waterpark. Bain and Hoyt said they would prefer more specific stipulations regarding Hall's participation in covering the cost to create the 46 corporation. Barton withdrew his motion. Motion by Bain, second by Barton to instruct the staff to file the necessary legal papers for the creation of the 4B corporation which would not be for a specific purpose at this time, but would allow it to be used for all the projects that 4B corporations are allowed to do, and that would be contingent upon Mr. Hall's group putting up the money needed to cover all the expenses associated with creating the corporation. Gail Dillard, from the audience, questioned whether the Council really thought the 413 corporation could be created without there actually being a waterpark created. John Montgomery asked that Bain further amend his motion to include wording about the school district. Bain's response was that this motion was for the corporation, not the waterpark. Approved 4 to 3. (Burson, Tonn, and Davis opposed) W First reading of an ordinance closing public hearing; levying assessments for cost and maintenance of improvements to be provided in the Georgetown Village Public Improvement District No. 1; and fixing liens and charges against the property in the District and against the owners thereof; and providing a date for, and a method of collection -- Art Rodriguez Rodriguez read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Tonn, second by Valdez to approve the ordinance on first reading. Approved 7-0. X Consideration of a resolution granting a petition for the annexation into the City of approximately 4.98 acres in the Joseph Fish Survey No. 232, owned by Shell Ranch Development, Inc., to be known as Georgetown Village Planned Unit Development Section Four, the Village Park -- Clyde von Rosenberg and Ed Barry von Rosenberg told Council that this item was linked with the next item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Tonn, second by Burson to approve the ordinance on first reading. Approved 7-0. Y First reading of an ordinance providing for the annexation into the City of approximately 4.98 acres in the Joseph Fish Survey No. 232 owned by Shell Ranch Development, Inc., to be known as Georgetown Village Planned Unit Development Section Four, the Village Park -- Clyde von Rosenberg and Ed Barry von Rosenberg read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Tonn, second by Barton to approve the ordinance on first reading. Approved 7-0. Z First Reading of an Ordinance to Rezone Park Central One, Section it from A, Agricultural to 1, Industrial, or any more restrictive district, located on County Road 110, and Park Central and Commerce Boulevards -- Hildy Kingma and Wendy Walsh Walsh told Council that this item contains seven lots, two of which are already developed and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Hoyt asked if there would be any cell towers allowed in this tract. Hart asked Rodriguez if there were any way to restrict cell towers. Rodriguez asked if he could have time to study this issue before replying. Rodriguez asked Hoyt to describe her concern. She asked for the ability to designate where cell towers could be located no matter what the zoning. Rodriguez said if they are in conformance with the zoning laws, they are allowed. Hoyt said she wants to be able to exclude cell towers like the City Council has excluded mini -warehouses. City Council Meeting Minutes/April 13, 1999 Page 7 of 9 Pages Hart noted that cell towers are covered by the Federal Telecommunications Act, but if the tower goes over 120 feet, they would need a special permit. He said because of the topography of this particular site, towers would not be able to transmit. Motion by Valdez, second by Barton to approve the ordinance on first reading. Approved 7-0. AA First Reading of an Ordinance to Rezone 14.867 acres in the William Addison Survey, from A, Agricultural to RM -2, Dense Multifamily, or any more restrictive district; and Horizon Commercial Park, Block E, Lots 1 and 2 and Block C, Lots 1-8, to be known as Georgetown Place, from I, Industrial to RM -2, Dense Multifamily, or any more restrictive district, located on Quail Valley Drive, Tower Drive, High Tech Drive and Texstar Drive -- Hildy Kingma and Wendy Walsh Walsh told Council that this would be a 160 -unit apartment complex and 8 acres of parkland and read only the caption of this ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Barton, second by Burson to approve this ordinance on first reading. Approved 7-0. BB First Reading of an ordinance providing for the disannexation of approximately 29.88 acres in the Antonio Flores Survey, a 1.0 acre Sheffield tract and portions of tracts owned by Bill Miller, T. Gauntt and K. Miller -- Clyde von Rosenberg and Ed Barry von Rosenberg read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Tonn, second by Davis to approve the ordinance on first reading. Approved 7-0. CC First Reading of an Ordinance replacing Chapter 15.03 of the City of Georgetown Code of Ordinances, establishing energy conservation standards for single and multi -family residential dwellings -- Dave Hall and Jim Briggs Hall read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Davis, second by Burson to approve the ordinance on first reading. Approved 7-0. DD Consideration of approval of the transfer of $16,000 from the 150th Celebration account to the Main Street Fund -- Lenny Welch and Verna Browning Welch reviewed the letter to the Council from the 150th Celebration Chairman Marvin Waley which had been included in the Council Agenda Packet. Hoyt requested a review of the formation of the Main Street Facade Fund and asked for a review of the guidelines. Welch noted that $2500 would be the limit per project per year, with the Advisory Board determining whether that would be a loan or a matching grant. When asked for clarification, Hart explained that the funding, if not transferred, would go back to the General Fund. When questioned, it was noted that three projects have applied to the Main Street Fund in order to do renovations to downtown buildings. Hart asked that Council give at least $6000 to put with the existing $1500 in order to get the three projects underway. Motion by Hoyt, second by Tonn, to transfer $7500 to the Facade Fund, that the plaque be purchased, and then the balance of the remaining $16,000 should go back into the Council Contingency Fund. Approved 7-0. EE Emergency Reading of an ordinance canceling the election of the District 6 Councilmember in the May 1, 1999 General Election -- Bob Hart Hart read only the caption of the ordinance on emergency reading after having satisfied the requirements of the City Charter. Motion by Barton, second by Davis to approve this ordinance on emergency reading. Approved 7-0. FF Consideration of an appointment to fill a vacancy on the Convention and Visitors Bureau Board -- Murray Blackman Motion by Tonn, second by Davis to approve the appointment of Nancy White to the Convention and Visitors Bureau. Approved 7-0. GG Consideration of an appointment to fill a vacancy on the Housing Authority Board -- Murray Blackman Motion by Barton, second by Burson to approve the appointment of Becky Hamilton to the Housing Authority Board. Approved 7-0. City Council Meeting Minutes/April 13, 1999 Page 8 of 9 Pages ffr__VFTWi 1� Apprqyed Attest./— L City Council Meeting Minutes/April 13, 1999 Page 9 of 9 Pages