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HomeMy WebLinkAboutMIN 10.26.2010 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Danny Meigs, Bill Sattler, Pat Berryman, Dale Ross, Tommy Gonzalez Council Absent: Gabe Sansing, Patty Eason Staff Present: Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Brettle, City Secretary, Jim Briggs, Assistant City Manager; Micki Rundell, Chief Financial Officer; Elizabeth Cook, Community Development Director; Kevin Russell, Director of Human Resources and Civil Service, Valerie Kreger, Principal Planner; Jordan Maddox, AICP, Interim Principal Planner; Edward G Polasek, AICP, Transportation Services Director; Thomas R. Benz, Systems Engineering Director; Terri Calhoun, Real Estate Services Coordinator; Terry Jones, Support Services Construction Manager; Cari Miller, Tourism Director; Randy Morrow, Community Services Director; Glenn Dishong, Utility Director; Mike Elabarger, Planner III; Paul Elkins, Energy Services Manager; David Thomison, Water Services Manager; Regular Session = To begin no earlier than 06:06 P (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) Comments from the Mayor Welcome and Meeting Procedures Mayor spoke about visiting another city of about 50,000 people and he said that some of us in Georgetown take things for granted. He said there seemed to be a lack of desire to preserve older buildings and homes in that City and people in Georgetown should feel grateful that this community has built a reputation for preservation and caring. He said Georgetown is a place where history and growth are learning to live in harmony. Mayor presented a boy scout in the audience with a pin and welcomed him to the meeting. Preston introduced himself to the Mayor, Preston said he's 11 and he has been in scouting for many years. He said his favorite part of scouting is the camping trips and added he is here to get the communication merit badge. City Manager Comments The City of Georgetown will hold an election to reauthorize the City's '/ cent street maintenance sales tax on Tuesday, November 2, 2010 Early voting will begin on Monday, October 18 and end on Friday, October 29. Please refer to the City's website at www.georgetown.org for early voting times and locations. City Council Meeting Minutes/ Page 1 of 10 Pages The 16th Annual Haunted Hayride & Carnival is on Thursday, October 28'h from 6pm-9pm at the Community Center in San Gabriel Park. Please contact the Georgetown Parks & Recreation Department at 930-3595 or visit our website at www.georgetown.org for more information. The City Council is Invited to the Grand Opening & Open House of the CARTS Georgetown Station on Friday, October 29, at 3620 S. Austin Avenue. The Grand Opening Ceremony will begin at 1:30 p.m. The Open House is scheduled throughout the day between 9 am - 4 pm Action from Executive Session Lotion by Ross, second by Berryman as to the transaction involving 1603 Williams, the City Manager is authorized to enter into a purchase agreement for a break even price as to pay for outstanding loans, taxes and similar cost with the following contingencies: 1. closing by the City on the adjacent property at 210 Central Drive 2. the applicable used for the Williams Drive Overlay District will be amended to include emergency services station 3. a special use permit will also be processed As to the transaction involving 210 Central Drive, the City Manager is authorized to accept the purchase agreement from Bohanan with the following contingencies: 1. closing by the City on the adjacent property at 1603 Williams 2. the applicable uses for the Williams Drive Overlay District will be amended to include emergency services station 3. a special use permit will also be processed The proposed closings will be set at or about February 15, 2011 with an extension of the feasibility period until February 10, 2011. Vote on the motion: Approved 5-0 (Eason, Sansing absent) ' • • • + • • • 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 - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop and Regular Council Meeting held on Tuesday, October 12, 2010 -- Jessica Brettle, City Secretary D Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement and a temporary construction easement located at 4703 N. IH 35, Georgetown, Texas, from Franklin D. Herzog and wife, Beverly Herzog, to effectuate certain public utility infrastructure improvements in connection with the 2006 Annexation Utility Improvement Project -- Terri Calhoun, Real Estate Services Coordinator and Thomas R. Benz, P.E., Systems Engineering Director E Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement and a temporary construction easement located at 3001 CR 111, Georgetown, Texas, from Louis Milton Cockrum and wife, Josephine Marie Cockrum, to effectuate certain public utility infrastructure improvements in connection with the 2006 Annexation Utility Improvement Project -- Terri Calhoun, Real Estate Services Coordinator and Thomas R. Benz, P.E., Systems Engineering Director F Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement City Council Meeting Minutes/ Page 2 of 10 Pages and a temporary construction easement along SH 195 from Scott R. Wood and wife, Shannon L. Wood, to effectuate certain public utility infrastructure improvements in connection with the 2006 Annexation Utility Improvement Project -- Terri Calhoun, Real Estate Services Coordinator and Thomas R. Benz, P.E., Systems Engineering Director G Consideration and possible action to approve the purchase of (1) a 20' permanent water line utility easement and 25' temporary construction easement adjacent thereto in the amount of $23,693.00; and (2) a 20' permanent wastewater line utility easement and 20' temporary construction easement adjacent thereto in the amount of $19,307.00, from NWC SH 195 & 135, Ltd. in connection with the 2006 Annexation Utility Improvement Project -- Terri Calhoun, Real Estate Services Coordinator and Thomas R. Benz, P.E., Systems Engineering Director H Consideration and possible action to approve the purchase of copiers from Corporate Digital Technology Systems through the Department of Information Resources state contract in the amount of $30,948.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Chief Financial Officer Consideration and possible action to approve a grant application to the Texas Historical Commission for a Certified Local Government Grant to provide a technical training program for the Historic and Architectural Review Commission -- Valerie Kreger, AICP, Principal Planner and Elizabeth A. Cook, Community Development Director J Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for the approval of an allocation of $2,000.00 in Hotel Occupancy Tax (HOT) funds to the Georgetown High School Basketball Booster Club, for help in the cost of promoting and facilitating the Jack Frost Thanksgiving Invitational Tournament -- Gari Miller, Tourism Director and Randy Morrow, Director of Community Services Motion by Ross, second by Gonzalez to approve the consent agenda in its entirety. Approved 5-0 (Eason, Sansing absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: K Discussion and possible action to approve a Resolution authorizing the Mayor to execute a Cooperation Agreement between the City of Georgetown, Texas and the Texas Housing Foundation -- Paul E. Brandenburg, City Manager Mayor reviewed the past discussion and action that was made concerning this item. He said Council approved the Resolution with four additional changes and added Council asked that they see the revisions incorporated into the Resolution. Mayor asked if Council has any further questions about the newly revised resolution. Berryman asked about whether the drainage issue on the land has been addressed. Briggs said there were funds set aside to take care of some of the drainage problems, but not all of the issues. Berryman asked and Briggs said it would deal with the City's drainage problems but not the problems that are on private property. Berryman said and Briggs said, combined with the City's funds, the total cost for improvements would be close to $650,000 or $700,000. Berryman asked and Briggs said the cost for drainage improvements would be more if there is a building, but that cost would be included in the cost of the building. Berryman asked and Briggs confirmed having a building on that land would not be an added expense to the City. Sattler said, in Section 7 of the Cooperative Agreement, there should be a definition of monetary commitment included in the agreement. Mayor noted the current statement in the resolution says that there will be not automatic monetary commitment from the City. He added the Council would have to approve any sort of monetary contribution to the project if that comes up. Sattler agreed and said he is satisfied because it makes the statement that there will be no monetary commitments from the City. Berryman said the City has 4A and 4B corporations that are separate from the City, however they are made up of taxpayer's monies. She said, technically, they are not the City of Georgetown. She said she would like it stated, as a protection to the City, that there will also be no monetary commitment from the 4A and 4B Boards. Mayor said the Council can approve or disapprove those monies either way. Sattler agreed and said the Council can not commit the future actions of a another Council. Berryman said she is not talking about time because it will be coming back to the Council soon but noted that she wants to protect the funds for the Boards as well. City Council Meeting Minutes/ Page 3 of 10 Pages Motion by Berryman to add language that no monies will be coming from the 4A or 4B boards to fund this project. Motion died for lack of second. Berryman said this is a private development. She asked and Mayfield said the Housing Foundation will build this project by itself. Motion by Ross, second by Meigs to approve the Resolution. Approved 5-0 (Eason, Sansing absent) S Public Hearing and First Reading of an Ordinance on a Rezoning from AG, Agriculture District to RS, Residential Single -Family for 165.07 acres; AG, Agriculture District to RL, Residential Low -Density District for 29.75 acres, AG, Agriculture District to MF, Multifamily District for 16.80 acres, and AG, Agriculture District to C-1, Local Commercial District for 23.08 acres in the Lemuel S. Walters Survey, to be known as Madison at Georgetown, located on SH 195 north of Shady Oaks -- Jordan J. Maddox, AICP, Interim Principal Planner and Elizabeth A. Cook, Community Development Director Maddox described the item and said the rezoning is to four different districts. He listed those districts. He said part of the zoning districts changed and he explained the reasons for why this is being done. He said part of the property will be rezoned to residential low density and the rest of the property will be both commercial and multi -family. He said the rezoning conforms to the future land use plan approved by the council in 2008. He said this was recommended by the planning and zoning commission in September. Maddox read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 6:31 PM Speaker, Paul Lanahan, said he is the representative for the developer and is available to answer any questions Council may have. He asked Council for their support of this rezoning. Public Hearing is closed at 6:32 PM Motion by Ross, second by Berryman to approve the Ordinance on first reading. Approved 5-0 (Sansing, Eason absent) L Discussion and possible action regarding the City Council employee performance appraisal process -- Danny Meigs, Councilmember District 3 and Tommy Gonzalez, Councilmember District 7 Meigs said he and Gonzalez put this final draft together for Council consideration. He said they heard the concerns from the City Attorney and added they understand the concerns regarding the confidentiality of the process and noted it is important. He said their recommendation is to start with draft reviews from each Councilmember and, before a final public document would be completed, all of the draft reviews would be combined into that one final document. Gonzalez said they are going to look into doing some of these electronically and, if that is available to the City, the Council can proceed that way. He added the process can be tweaked in the future. Brandenburg referred to number two of the process and asked that the City Manager not receive the 360 review comments, especially since he will be doing a review himself. He said those should go to the clearinghouse electronically or to the Mayor Pro Tem. Gonzalez agreed and said they hope to get them electronically done. He added, until then, it can go to the Mayor Pro Tem first and then to the Mayor. Meigs said it is important for the Council to meet more often with staff to have a verbal discussion regarding each employee's progress. He said it would be good to add that to their executive committee meeting on a quarterly basis as well. Berryman asked and Meigs and Gonzalez agreed this would also be the general process and formatting for the City Manager and City Secretary. Berryman thanked Meigs and Gonzalez for stepping up to this task. Motion by Meigs, second by Gonzalez to approve the process and form. Approved 5-0 (Sansing, Eason absent) M Consideration and possible action to approve a consulting agreement with Leo Wood & Associates as it pertains to the Northwest Boulevard overpass and associated improvements -- Paul E. Brandenburg, City Manager Brandenburg said, on August 10th, the City Council approved a resolution authorizing the City Manager to City Council Meeting Minutes/ Page 4 of 10 Pages pursue federal funding for the Northwest Boulevard bridge. He said, so far, the City has been unsuccessful in obtaining funds from the state and federal government. He noted staff has negotiated a consulting agreement with Leo Wood and Associates to assist the City in its efforts to apply for funding for this project. He said the cost of the road is about $12 million and 5% of that cost will go to the consultant if a grant is received. He said there is County money that is going toward this project as well. He said the City has put out an RFQ for other grant writing services but noted this is more specific to this particular road project. Meigs asked and Brandenburg said the standard range for fees to the consultant for this type of project is between 3% and 8%. He said there may also be more administration on the back side of it. Brandenburg said it is not out of the norm to be five percent. He said they have drafted this in that the money will be coming from the grants that are received with the help of this process. Gonzalez said, based on what the City will get if this is approved, 5% is a reasonable fee. Motion by Sattler, second by Gonzalez to approve the agreement. Approved 5-0 (Eason, Sansing absent) Sokolow said the amount of monies expended to Leo Wood would be contingent upon the grant the City received and the administrative services portion of He the grant as well. N Discussion and possible action regarding Williamson -Burnet County Opportunities, Inc. (WBCO) request for a waiver of the fees and permits associated with the Expansion of the Madella Hilliard Center at 803 W. 8th Street. -- Paul E. Brandenburg, City Manager This item was pulled by staff. Brandenburg explained why this item was pulled and noted it will be coming to the Council at their next meeting. O Public Hearing, pursuant to Chapter 395 of the Local Government Code, to receive public comments concerning the Proposed Land Use Map and Capital Improvements Program projects list regarding a Road Impact Fee as part of the Draft Final Report -- Thomas R. Benz, P.E., Systems Engineering Director and Edward G. Polasek, AICP, Transportation Services Director Polasek said, at the September 14 Council Workshop, staff reviewed the road impact fee with the Council. He said this item is consideration of the initial approval of the creation of an impact fee. He said the second step is the actual policy and the actual fee. He said the focus is to concentrate on the need for a fee. He spoke about where staffs initial growth assumptions came from and added those assumptions have been modified to the land use plan. He spoke about the Capital Improvements Projects (CIP) list and how they are associated with the possible impact fee. He said, when the public hearing closes, the City has 30 days to act upon both the Land Use and the CIP project lists. He noted the following item will be to act on the creation of a road impact fee ordinance. Speaker, Aaron Nathan of Kimley, Horn and Associates said he will present to Council briefly on road impact fees. He said the primary purpose for tonight is to consider the adoption of the two inputs into the input fee: the land use assumptions and the capital improvements plan. He said those are the projects that are needed to accommodate that amount of growth. He reviewed impact fee basics. He said the impact fee allows cities to recoup costs associated with infrastructure needed to serve new development. He said it is a growth related fee. He said roadway impact fees are generated based on the amount of traffic a roadway receives. He said the study that council received a copy of provides the basis of what the maximum fee could be. He said the policy decisions made by Council would determine what the collection rate would be. He said the study and assumptions must be updated at least every five years. He showed council a map of where the service areas area. He said money collected in each service area must be used toward improvements in that same service area. He said there are six service areas where they anticipate there will be fees. He showed Council a picture of the future land use plan map that they used to calculate the land use assumptions that determine the road service areas. He said the Impact Fee CIP list shows any project that is needed to accommodate new growth. He showed council a CIP map of service area A. He described the service area maps given to Council. He said according to state law, they are required to engage an advisory committee and he described the composition of the committee. He said they met four different times to talk through different policy related issues and added their recommendations and comments have been included in the packet given to Council. Polasek walked the Council through the next steps of the process and he reviewed the timeline for the creation of a road impact fee. Public Hearing was opened 6:54 PM Speaker, John Gavurnik, said he was the chairperson of the impact fee review committee and said he is the President of the Georgetown Chapter of the National Association of Homeowners in Georgetown. He read a City Council Meeting Minutes/ Page 5 of 10 Pages statement into the record from the Executive Director of the Homeowners Association of Greater Austin. He said the letter expresses extreme concern regarding the source of initial funding for road improvements in the ten year plan as well as the calculations used to determine the service areas. He said the concern is that, what if the land use assumptions are wrong and what happens if they are. He said, at the last committee meeting, the committee was asked to vote on the assumptions. He said they voted to moved forward with a lot of concerns and reservations. He said the committee did some calculations and noted, for a $100,000 house, $4,000 worth of costs would be added for road impact fees. He said he would like for Council to reconsider this. Mayor asked and Brandenburg said the Council is not creating a road impact fee ordinance with this item and they can talk about the actual fees in the future. Brandenburg spoke about the history of this issue. He said Council is not bound by anything here, but added if they wait too long they have to start the process all over again. He said Council may want to kick the ordinance creation back to the committee to see that there be further work done on it for the future. He said it may be smart to put it out a couple of years. He said staff would agree, given the current economic times, it is probably not the best time to add fees to development related items. He said they are just finalizing a report they were directed to do in 2008. Public Hearing was closed at 7:01 PM Ross asked and Gavurnik repeated on a $100,000 house, $4,000 would be added for road impact fees. Berryman said she was unable to find the comments from the committee and Polasek noted they were provided to Council at the September 14th meeting. Nathan said the City knows it has growth that will promote need for improvements in the future but the question is whether or not these fees are a good idea at this time. Ross said this would be the worst time to do something like this. He added it is also an equity issue and said the costs will be passed on to the end user. He said the question will be how much the developer should pay and how much should the City pay through the tax payer. P Consideration and possible action related to the creation of a Road Impact Fee Ordinance -- Thomas R. Benz, P.E., Systems Engineering Director and Edward G. Polasek, AICP, Transportation Services Director Gonzalez asked what would happen if the Council does not act on it now. Polasek said the Council can adopt the land use assumptions and capital improvements program projects list or they can provide direction to staff and the Review Committee on the development of a road impact fee Ordinance. Gonzalez said their concerns is when to implement or how much to implement. Berryman said this was initiated in 2008 when the economy was a different world. She said she is reluctant to vote on this but she also does not want to start over again at a later date with added costs. She asked if there was a way to postpone this. Nathan said they could adopt the land use assumptions, work on an impact fee ordinance and adopt a collection rate of 0%. He said Council could then go back and change that rate from anywhere from 0% to 100%. Berryman said the committee is challenging the assumptions that were gathered during this study. Gavurnik said the committee would like to see this stop now and, once the environment gets better, then they could review the issue again in the future. He said, even if they approve a rate of 0%, it assumes that there will be an impact fee eventually. Gavurnik said some of that work could be reused. Berryman said her thought is that the assumptions in the study will be different two years from now. Motion by Berryman, second by Ross to take no action and not implement a road impact fee at this time and to use the information that was gathered for future study. Gonzalez asked and Nathan said this entire process can take as little as three months. Nathan noted, once the Council does adopt a fee, it takes a while before it starts to affect properties. He said, if there is a platted property on the books, it takes at least a year before the City can start collecting fees on that property. Sattler said, if the Council did nothing and a year from now the economy gets better, they can bring it up again. Nathan said Council is not limited to when they want to discuss this. Mayor asked and Nathan said this is a very common tool in the DFW area but it is less common in the central Texas area. Mayor asked and Briggs said the City can price itself out of the market with impact fees. Vote on the motion: Approved 5-0 (Eason, Sansing absent) Q Public Hearing to amend the existing Chapter 13.32 of the City of Georgetown Code of Ordinances, entitled "Water and Wastewater Impact Fees" -- Glenn Dishong, Utility Director and Jim Briggs, Assistant City Manager for Utility Operations Mayor reviewed the item. Dishong said, compared to this last item, water and wastewater impact fees have been in effect for a long time. He said, however, the last time the fees were reviewed and approved was in 2005. He said the City engaged the services of a consultant as well as a review committee to study the fees once more. He said, last month, the consultants presented the outcome of the study and added tonight is the public City Council Meeting Minutes/ Page 6 of 10 Pages hearing. He said Tony Bagwell of HDR will review the process and the actual recommendations of the committee. Bagwell said the statute for water and waste water fees requires a different process compared to the road impact fees. He said this is the singular public hearing on that process. He defined an impact fee and said this is a one time up front payment made by builders or developers at the time of new utility connection to help pay for its share of utility infrastructure capital cost. He said it is tied to improvements related to growth. He said it is intended to mitigate rate impacts arising from the cost of new development. He said this is codified in Chapter 395 of the Local Government Code. He said it is a trade off in term of who pays for these improvements, either the impact fees or the taxpayers. He said the underlying goal is to make sure the capital improvements are made on a timely basis to accommodate growth and minimize impacts on the rates. He spoke about the process they went through to calculate the updated fee. He reviewed the current citywide fees that were adopted in 2005. He said a fee update was performed in 2009, but it was not carried forward due to slow economic conditions at the time. He said, now in 2010, the City is at the end of its mandatory update timeline. He described the maximum fee determination. He said the charge to the advisory committee was to verify that the underlying assumptions and land use basis for the CIP and the CIP itself have been reasonably defined. He added the committee was also charged to recommend a new fee to the Council. He said the advisory committee found that the land use assumptions and the Capital Improvement Plan data fee methodology underlying the maximum impact fee calculation were reasonable and useful for City purposes. He said one of the maximum fee calculations was actually lower than the current fee. He said, by a unanimous vote, the committee recommended that Council set all water and wastewater fees at the maximum calculated rates. He showed the Council a comparison of the council adopted fees in 2005 compared to the proposed fees for 2010. He said the maximum fees out of the middle and south fork San Gabriel basins have increased. He said this is saying that the cost of service to those areas have gone up since 2005. He showed Council a comparison of the current fees the City has with the fees of surrounding cities in the area. He said they are requesting that the Council consider adopting the advisory committee 2010 report concerning the land use assumptions and CIP. He said they are also requesting that Council adopt the maximum impact fee calculation. He noted this would be to adopt the maximum fee, but it does not adopt the actual fee to be collected. He said it is important to establish the maximum fee in Ordinance form. He said the Council has the discretion to set it at the maximum or leave it the same as it is now. Public Hearing was opened at 7:26 PM. Speaker, John Gavurnik, said he was on this committee and he and his association strongly support both staff and Mr. Bagwell's recommendations. Public Hearing was closed at 7:27 PM. R First Reading of an Ordinance of the City Council of the City of Georgetown, Texas amending Chapter 13.32 of the Code of Ordinances relating to water and wastewater impact fees -- Glenn Dishong, Utility Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong read the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. He said this amendment encompasses both the adoption of the 2010 advisory committee report, which sets the maximum fees as a result of the report, as well as incorporating amending the current fees so the summation of the water and wastewater fees stay at the current sum. He said what is in the Ordinance is to change the wastewater fee downward and raise the water fee slightly so that the summed fee does not change from the current level. Motion by Gonzalez, second by Meigs to approve the Ordinance on first reading. Ross asked and Dishong said the net impact for both water and wastewater fees will stay the same. He added the statute calls for staff to calculate a maximum and for Council to adopt that maximum. Meigs asked and Dishong explained why the fees are higher in the south and middle San Gabriel river. Approved 5-0 (Eason, Sansing absent) T Public Hearing and First Reading of an Ordinance on a Rezoning from IN, Industrial District to C-1, Local Commercial District for 1.45 acres being Lot 2, Block D, of the Horizon Commercial Park, located at 701 Quail Valley Drive -- Mike Elabarger, Planner III and Elizabeth A. Cook, Director of Community Development Cook introduced Mike Elabarger to the Council. Elabarger said they have a rezoning for a single 1.5 acres undeveloped lot and added it was originally rezoned in 1985 from residential to industrial district as part of the Horizon Commercial Park. He showed Council a map demonstrating the zoning in the area. He said the future City Council Meeting Minutes/ Page 7 of 10 Pages land use map also has a mix in the area. He said the applicant is seeking to rezone this property to the C-1 commercial district and noted their intended use is to develop a meat market or small grocery store. He said the use is termed a general commercial use. He said the applicant has said they would like at least a 10,000 square foot building and, to do this, you have to have a C-1 zoning. He noted staff felt a CN designation would be better in that area, but it has a building size limitation of 5,000 square feet. He said C-1 has seventy uses, some of which staff would not be in support of and added this is why they are in denial of the application. He said they can not conditionally rezone the property for just this particular use. He spoke about the relocation of FM 1460 in the area. He said the Planning and Zoning Commission also recommends denial of this application. Elabarger read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing opened at 7:37 PM. Speaker Jim Cummings, with Steger and Bizzell, said they are acting as agent for the applicant. He said they are requesting a C-1 zoning for a supermarket with a Mexican style meat market. He said the property was selected based on the location in the southeast portion of Georgetown as this area provided the most access to the Hispanic portion of the local population. He said this location is important to the success of the business. He said they thought this would be okay in that it is a down zoning from the previous industrial designation. He said the adjoining properties are designated Industrial and C-3 as well. He listed all of the possible developments under those kinds of zoning designations. He said they see the development of the store and market as an orderly development between 1460 and the high residential development to the East. He described the buildings and developments in the surrounding area. He said Elabarger mentioned that Council will not allow conditional zoning but noted, if the Council would designate a CN zoning instead, then the applicant will reapply for that zoning as long as there is a special condition to allow for a 10,000 square foot building. He said he believes they are the only commercial development item on the agenda tonight. He added they are prepared to move forward with the C-1 zoning. Public Hearing was closed at 7:42 p.m. Sattler asked and Elabarger said if this were a C-1 or a CN zoning and then that piece of property was not used for what they are proposing, it will not go back to an industrial zoning. Elabarger said the possibility of all of the C-1 type of uses is part of the reason why staff is recommending denial. Berryman asked and Elabarger said it is not an option to conditionally zone in allowing a 10,000 square foot building in a CN zoning. Ross asked and Elabarger said staff is opposed to this in that it will approve all of the C-1 uses that may not be compatible in this location. Elabarger added, given the transportation situation in the area, it would be a problem. Mayor asked and Elabarger said the applicant would have to come up with an industrial use if the zoning does not change. Mayor said the potential developer is looking to reduce the zoning and he added he is just confused as to why this is a problem. Gonzalez said, looking at the southeast quadrant of the City, he welcomes any retail development in that area. He added he does not really see a downside to this. Ross asked and Elabarger described the residential traffic in the area and how this potential new development would effect the traffic. Elabarger said this will be a high traffic generator type of use but added a traffic study would only possible be done at the time of a site plan. Ross asked and Elabarger said the traffic patterns would still be the same. Brandenburg said a lot of people use 1460 and Quail Valley coming from the south to come over to Maple. He said there is already increased traffic in that area and this new property would only increase the traffic more. Sattler asked and Elabarger confirmed if the property is rezoned to CN or C-1, it opens the property up to all options. Elabarger said this is a downzoning but noted C-1 is slightly too intense for that area. He added, because the Planning and Zoning Commission has recommended denial, the Council could only approve this item with a super majority vote of six. Berryman said, since this impacts the East side of town, she would think that Eason and Sansing should be involved in this discussion. Motion by Berryman, second by Ross to postpone the first reading to the next meeting so that all Council members can be present to vote. Approved 5-0 (Eason, Sansing absent) U Consideration and possible action to permanently segregate the retiree population from the active employee population in the health plan and establish a retiree stipend -- Kevin Russell, Director of Human Resources & Civil Service Mayor summarized the item. Russell said staff is asking for direction from Council to segregate the retiree population from the active employee population. He noted this will help to establish a retiree rate. Russell said, if approved, he will have to come back to Council with the actual Ordinance to finalize everything. Motion by Ross, second by Gonzalez to approve the item. Approved 5-0 (Eason, Sansing absent) City Council Meeting Minutes/ Page 8 of 10 Pages V Consideration and possible action to approve the 2010-2011 City of Georgetown employee benefit incentives -- Kevin contracts Russell, -- Kevin Director Russell, of Human of Resources & Civil Resources & Civil Service Service Russell said, with this item, the Council will be authorizing staff to approve the benefit incentives. He summarized the main points in the proposed employee contracts benefits. -- Kevin Motion by Meigs, second by Ross to approve the benefit incentives. Approved 5-0 (Eason, Sansing absent) W Consideration and possible action to authorize the City to enter into the 2010-2011 City of Georgetown employee benefit contracts -- Kevin Russell, Director of Human Resources & Civil Service Russell described the item and said this item would be for Council to authorize staff to go forth and sign all the contracts in order to provide the health insurance to City employees. Motion by Gonzalez, second by Meigs to approve. Approved 5-0 (Eason, Sansing absent) X Forwarded from the Georgetown Transportation Advisory Board (GTAB) and Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve the contract for the Forest Street Wastewater in the amount of $255,357.50, and Drainage Improvements in the amount of $71,964.50 to Smith Contracting Company, Inc. of Austin, Texas, for a total amount of $327,322.00 -- Thomas R Benz, P.E., Systems Engineering Director, Edward G. Polasek, ACIP, Transportation Services Director and Glenn Dishong, Utility Director Benz described the item and said this is a project that was discovered during the Edwards Aquifer Recharge Zone testing. He said when they started to investigating the project they found that a waste water line and a storm water drain collapsed and this contract will be to correct that issue. Mayor asked and Benz said they are old pipes and there was also some construction equipment associated with the jail that may have caused the collapse a while back. Motion by Sattler, second by Meigs to approve the contract. Berryman asked and Benz said the contractor has done work for the City before and he just found a cheaper way to do it. Approved 5-0 (Eason, Sansing absent) Y Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve a the contract with Lower Colorado River Authority ("LCRA") for the purchase of electric distribution and transmission materials for FY 2010/2011 from vendor award contract for the LCRA Electric Material Acquisition Program in the estimated amount of $750,000.00 -- Paul Elkins, Energy Services Manager and Glenn Dishong, Utility Director Elkins described the item and said this was approved unanimously by the GUS Board. He said this contract allows the City to use LCRA's bid to purchase a bulk of their materials without have to do many separate bids for all of the items. Motion by Berryman, second by Gonzalez to approve the contract. Approved 4-0 (Eason, Sansing absent) (Ross off the dais) Z Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve the purchase of Bioxide from Siemens Water Technologies of Sarasota, Florida, in an amount not to exceed $70,000.00 for Fiscal Year 2010/2011 -- David Thomison, Water Services Manager and Glenn Dishong, Utility Director Thomison described the item and said bioxide is used to mitigate hydrogen sulfide in the collection system as well as to reduce odor. He added, by doing this, it will also prolong the life of the City's collection system and infrastructure because hydrogen sulfide is very corrosive in nature. He said, in 1999, the product was reviewed by Camp, Dresser and McKee and it was recommended that the City use this product to mitigate the hydrogen sulfide in the system. He said there are other lift stations that use this product and he said the City staff has not found any other products that can do what this product can do. Motion by Sattler, second by Berryman to approve the purchase. Approved 5-0 (Eason, Sansing absent) City Council Meeting Minutes/ Page 9 of 10 Pages AA Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve the contract for the 2006 Annexation Phase I Water & Wastewater Improvements to McLean Construction, Ltd. of Killeen, Texas, for the amount of $1,125,891.60 -- Thomas R Benz, P.E., Systems Engineering Director and Glenn Dishong, Utility Director Benz described the item and said it is a construction project for the 2006 annexation as required by the service plans. He noted this is part of Phase I of the plan they are implementing. He said it is to construct both water and waste water lines. Motion by Sattler, second by Ross to approve the contract. Approved 5-0 (Eason, Sansing absent) BB Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve a Purchase Agreement in the amount of $55,000.00, plus closing costs, for the purchase real property from Mark J. Molnar & Kimberly Molnar for street right-of-way in connection with the Southeast Arterial One Road Project - Terri Glasby Calhoun, Real Estate Services Coordinator and Thomas R. Benz, P.E., Systems Engineering Director Benz said this was presented to GTEC after the cover sheets were due for the Council agenda. He described the item and said this is for right of way purchase for the southeast arterial one project. Motion by Ross, second by Gonzalez to approve the purchase agreement. Approved 5-0 (Eason, Sansing absent) Motion by Ross, second by Berryman to adjourn -- 8:07 PM. The meeting was adjourned at 08:07 PM. Mayor Geode Garver ',7C6 SecretaryJessica Brettle City Council Meeting Minutes/ Page 10 of 10 Pages