HomeMy WebLinkAboutMIN 08.26.2008 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: Council Absent.
Patty Eason, Gabe Sansing, Keith Brainard, Bili All Council present
Sattler, Pat Berryman, Dale Ross, Ben Oliver
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City
Manager; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of
Finance and Administration; Keith Hutchinson, Public Information Officer; Rod Moore, Technical Support
Specialist 1; Travis McLain, Airport Manager; Randy Morrow, Director of Community Services; Lorie
Lankford, Accounting Supervisor; Karern Frost, Planning and Development Administrative Supervisor;
Eric Lashley, Library Director; David Munk, Development Engineer; Kevin Russell, Human Resources
Director; Terry Jones, Support Services Construction Manager; Leticia Zavala, Controller; Ed Anderson,
Security Officer; Marsha Iwers, Purchasing Manager; Julie McCartney, Chief Code Enforcement Officer;
Cari Miller, Tourism Manager; Judy Fabry, Library Services Administrative Assistant III; Clay Shell,
Interim Fire Chief; Mark Miller, Transportation Services Man11 - 11ager
Regular Session to convene and continue Executive Session, if necessary
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 that follows.
A 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
- City of Georgetown, Texas v. Georgetown Railroad Company, Inc., et al.; Civil Action No. A08CA 453 SS; In the United
States District Court for the Western District of Texas, Austin Division
- MarkShelton v. City of Georgetown, et at; Cause No. A07CA063; in the United States District Court for the Western District
of Texas, Austin Division
- Pending, threatened, and contemplated litigation arising from incident in October 2007 involving former police officer Fennell
- First Citizens Bank & Trust Company v. City of Georgetown, Cause No. D -1 -GN -08-02325, 53rd Judicial District, Travis
County, Texas
- Potential litigation regarding LCRA Wholesale Power Agreement
- Discussion of legal issues related to Sierra Ridge project, including fee waivers, GTEC performance agreement
amendments, and other matters
- Discussion of legal issues related to payment obligations for the Public Utility Improvements under the "Development
Agreement with Forestville Associates, a Maryland General Partnership, regarding development of Wolf Ranch" dated
September 11, 2003
- Discussion and possible action to approve the retention of the law firm of Lynn Pham & Ross, LLP to represent the City on
civil service matters, including appeals of disciplinary actions.
- Discussion of legal issues related to the "Development Agreement with San Gabriel River Place Partners, Ltd. Regarding
Development of River Place."
B Sec. 551.087: Deliberation Regarding Economic Development Negotiations
Discussions or deliberations regarding commercial or financial information that the governmental body has received from a
business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which
the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive
to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with
which the City Council is conducting economic development negotiations - Summit at Rivery Park Tax Increment
City Council Meeting Minutes/August 26, 2008
Page 1 of 11 Pages
Reinvestment Zone (TIRZ)
C Sec 551.072: Deliberations about Real Property
Discussion regarding amending the lease with the Georgetown Healthcare System for the city -owned property at 711 N.
College Street
- Consideration and possible action to deliberate the purchase of real property in the Williams Drive Gateway Redevelopment
Area
Consideration and possible action to deliberate the purchase of real property for Downtown Parking
D Sec.551.086: Competitive (Matters
- Discussion related to the City of Georgetown's electric power supply options
Regular Session ® To begin no earlier than 06:04 PM
(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.)
E Call to Order
The meeting was called to order at 6:04 p.m.
F Pledge of Allegiance
Mayor Garver led the Pledge.
G Comments from the Mayor
- Welcome and Meeting Procedures
Mayor Garver welcomed the audience.
Mayor Garver noted that Item BB is to be deleted from tonight's agenda.
Mayor Garver, at the request of Councilmember Berryman, noted that Item CC would be brought forward to
the beginning of the Legislative Regular Agenda.
- Introduction of Congressman John Carter to thank the City for their "Adopt -a -Unit" Support
Mayor Garver noted that Congressman Carter had not yet arrived at the meeting, but would be recognized
upon arrival.
- Proclamation for United Way of Williamson County
Mayor Garver read the proclamation and presented it to Jennifer Edwards, Executive Director of United Way
of Williamson County, and Glenn Dishong, City Staff Coordinator.
Mayor Garver asked, and City Manager Paul Brandenburg explained the Adopt -a -Troop Program. Brandenburg
introduced Capt. David Hylander, Rear Detachment Commander who thanked Georgetown for
the outreach provided to the battalion. He showed a brief video of Lt. Col. David Fleckenstein, Ft. Hood
Commander in the Combat Aviation Brigade in Iraq.
Mayor Garver explained the meeting procedures.
H Announcements and Comments from City Manager
There will be a Special City Council Meeting on Thursday, August 28, 2008 at 4:00 p.m. here at the
Council Chambers, located at 101 E. Seventh Street to consider:
the acceptance of the 2008 Tax Appraisal Roll for the City of Georgetown; the ratification of the property tax
increase included in the 2008/09 Annual Operating Plan; the approval of an ordinance levying a tax rate for
the City of Georgetown for the 2008 tax year; the adoption of an Annual Operating Plan Element of the
Georgetown Century Plan (budget) for the2008/09 fiscal year; and
the approval of several other budget related item.
City of Georgetown offices will be closed on Monday, September 1, 2008 in observance of the Labor
Day Holiday. Over Labor Day weekend, San Gabriel Pool will be open on Saturday, August 30 and
Sunday, August 31, from 12 pm -- 6pm and on Monday, September 1 from 11 am - 5 pm. No other pools
will be open that weekend.
The HARC Meeting that was originally scheduled for Thursday, August 28 has been rescheduled for
Thursday, September 11, 2008 at 6:00 p.m. in the City Council Chambers.
Consider participating in the Georgetown Citizen Academy. The mission of the Academy is to provide
citizens with the opportunity to learn more about the services and operations provided by the City of
Georgetown. For more information, please go to our website at www.geoMetown.org or contact Shirley
Rinn at 930-3723. The deadline for submitting applications for the Academy is September 15, 2008.
1 Action from Executive Session
Motion by Berryman, second by Oliver: (1) that the City Council authorize the law firm of Dietz & Jarrard to
represent the City on matters related to payment obligations for the Public Utility Improvements under the
"Development Agreement with Forestville Associates, a Maryland General Partnership, regarding development
of Wolf Ranch" dated September 11, 2003; (2) that the City Council authorize the law firm of Lynn Pham &
Ross, LLP to represent the City on civil service matters, including appeals of disciplinary actions; (3) that the
City Council Meeting Minutes/August 26, 2008
Page 2 of 11 Pages
City Council authorize the City Manager and Assistant City Manager to prepare an amendment to the lease with
Georgetown Healthcare System to authorize the new uses for a mental health respite center on terms consistent
with the direction given to staff in executive session; (4) that the City Council authorize the City Manager and the
Assistant City Manager to commence the due diligence process and initial negotiations into the purchase of
additional land owned by the Georgetown Independent School District that is located in the Williams Drive
Gateway Redevelopment Area consistent with the direction to staff given in executive session; and (5) that the
City Council authorize the City Manager to make an offer to purchase land owned by Williamson County located
in the downtown area in the amount authorized by City Council in executive session last night. Approved 7-0.
On a subiect 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.
As of the deadline, there were no persons who requested to address the Council on items other than already
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.
J Consideration and possible action to approve the minutes of the Special Council Meeting on Monday, August 4;
the City Council Workshop on Monday, August 11; and the City Council Meeting on Tuesday, August 12, 2008 --
Sandra D. Lee, City Secretary
K Consideration and possible action to declare obsolete and scrap electric equipment as surplus and
authorization for staff to sell to Utility Recycling Services — Marsha Iwers, Purchasing Manager and Micki
Rundell, Director of Finance and Administration
L Consideration and possible action on a Preliminary Plat for 10.07 acres in the L.P. Dyches Survey, to be known
as Kamran Estates, located on FM 3405 at Russell Park Road -- Carla Benton, Planner II and Elizabeth Cook,
Director of Planning and Development
M Consideration and possible action on a Preliminary Plat for 25.64 acres in the F. Foy Survey, also known as a
portion of North Lake Estates (Unrecorded), Section E, Block 1, Lot 6, to be known as Oakland Park
Subdivision, located northeast of FM 2338 and North of Arrowhead Road -- Carla Benton, Planner II and
Elizabeth Cook, Director of Planning and Development
N Consideration and possible action on a Preliminary Plat for 72.89 acres in the J. Thompson Survey, to be
known as Weir Ranch, located on FM 2238 west of Riverview Drive -- Carla Benton, Planner II and Elizabeth
Cook, Director of Planning and Development
O Consideration and possible action to approve a twelve (12) month extension to the requirement to obtain a
Building Permit within twelve (12) months after the date of execution of the two Airport Land Lease
Agreements with RA General Services LLC -- Travis McLain, Airport Manager and Tom Yantis, Assistant City
Manager (question by Sattler) McLain and Carls answered the question.
P Consideration and possible action regarding the request for consent to the assignments of the Advanced
Services, Inc. lease and the Georgetown Aviation Facilities, LLC lease at the Georgetown Municipal Airport to
lenders in order to allow the lessees to obtain financing to construct new improvements — Travis McLain, Airport
Manager and Patricia E. Carls, City Attorney (question by Sattler) McLain and Carls answered the question.
Q Consideration and possible action regarding the request for consent to the assignments of the two Airport
Land Lease Agreements with RA General Services LLC at the Georgetown Municipal Airport to lenders in
order to allow the lessees to obtain financing — Travis McLain, Airport Manager and Patricia E. Carls, City
Attorney (question by Sattler) McLain and Carls answered the question.
R Discussion and possible action regarding the First Amended Consent Agreement between the City and
Williamson County Municipal Utility District No. 15 (relating to the Terra Vista Subdivision) to amend
provisions relating to Parkland Conveyance and to update and revise the Master Land Plan — Carla Benton,
City Council Meeting Minutes/August 26, 2008
Page 3 of 11 Pages
Planner it and Patricia E. Carls, City Attorney
S Forwarded from the Convention and Visitors Bureau (CVB) Board
1. Consideration and possible action to approve an allocation of $2,400 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 -- Cad Miller, CVB Coordinator
2. Consideration and possible action to approve of an allocation of $2,325 in Hotel Occupancy Tax (HOT)
funds to Lucas Adams, for help in the cost of printing additional copies and mailing of the
Georgetown & Country Magazine to Texas Travel Information Centers and Tourist Information Centers --
Carr Miller, CVB Coordinator
T Consideration and possible action to authorize the issuance of a Quitclaim Deed and/or Disclaimer of Interest
to Lar -Lo, L.P., for a 0.300 acre tract of land in the David Wright Survey, A-13, being the remainder of Lot 1,
Industrial Park North, a subdivision of record in Cabinet C, Slide 75, Plat Records, Williamson County, Texas --
Patricia E. Carls, City Attorney
U Discussion and
possible
action to approve
a contribution
of
$5,000 to the
Texas Dental Association Smiles
Foundation for
the 2008
Texas Mission of
Mercy -- Paul
E.
Brandenburg,
City Manager
Speaker, Carol Woods, said she was available to answer questions and offer support for the item. Sansing
thanked Carol Woods for her work with the Smiles Foundation.
Motion by Sattler, second by Sansing that the Consent Agenda be approved with the condition that the approval of
the lease assignments referenced in Item P be effective only after Lessee has paid its outstanding balance on the
fuel bill due to the City and after the Affidavit Claiming Lien filed by Wheeler Coatings Asphalt has been released.
Approved 7-0.
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
The following item was brought forward:
CC Consideration and possible action to approve an amended and restated performance agreement between the
Georgetown 4B Board, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown
Housing Authority concerning the development of the Sierra Ridge project -- Tom Yantis, Assistant City
Manager
Yantis recalled that in December, 2007, Council approved the performance agreement with the condition of the
Georgetown Housing Authority (GHA) receiving the funds from GTEC only if some offsite drainage issues were
alleviated. He said GHA did a drainage study, and that has been incorporated into the performance agreement.
Yantis said due to the delay, GHA has asked for an extension, which has been approved by GTEC. Motion by
Sansing, second by Oliver to approve the amended and restated performance agreement. Sattler asked if this
project is part of the Gateway Master Plan and why GHA is being asked to comply with the standards for the
Gateway, and Yantis explained that they are being asked because they are contiguous to the Gateway. There
were further questions by Sattler. There were comments from Oliver, and Sansing, and questions from Ross
and Brainard. When asked for a statement of the reason for the delay, GHA Director, Naomi Walker, said the
two main reasons were the delay in getting the drainage and site plan completed, and consolidation of the
financing due to the changes in the bonding market. Vote on the motion: Approved 7-0.
V Public Hearing on the 2008/09 Annual Budget -- Micki Rundell, Director of Finance and Administration and Paul
E. Brandenburg, City Manager
With a slide presentation, Brandenburg and Rundell reviewed the highlights of the proposed annual budget of
$214.7 million.
The Public Hearing was opened at 7:08 p.m. There were no comments. The Public Hearing was closed at 7:08
p.m.
7:09 p.m. -- Mayor Garver introduced and welcomed Congressman John Carter
Congressman Carter thanked the City for their support of the Adopt -a -Unit Program. He said Ft. Hood is the largest
military post in the US with 152,000 troops. He said when someone adopts a "unit," not only do they adopt a soldier
(male or female), they adopt the family left back home; and it makes it a little easier for them to know there are
friends here to help them while their soldier is away. He provided 4th Infantry lapel pins to the Council.
City Council Meeting Minutes/August 26, 2008
Page 4 of 11 Pages
W Consideration and possible action to determine the "contract with the voters regarding the tax impact of the
bond propositions for the November 2008 election, and approving a plan and related budget for the voter
education program -- Micki Rundell, Director of Finance and Administration and Paul E. Brandenburg, City
Manager
Rundell explained the "contract" as being knowledge for the voters of what they could expect as an increase in
their taxes and costs if the proposed bonds are passed. With a slide presentation, she displayed a spread
sheet showing the tax impacts of various different percentages of valuation increase (averaged over a 25 -year
period). There were questions and comments from the Council. Motion by Oliver, second by Sansing to
ensure 9 cents maximum life of the loan and no more than 3 cents per year. There was discussion in opposition
from Brainard and Sattler, and Sattler asked for a split in the issues. Sattler suggested 2.1 and 7.4 and a split
between propositions one and two. Eason spoke in favor of Oliver's motion. There were further questions and
comments. Berryman to friendly amend that there should be a "cap." Brandenburg cautioned that variables can
change regarding the road projects. He said, ultimately, the Council will decide when to issue the bonds.
Sattler said he could go up to 2.5 and 7.5 and that would give the taxpayers a good indication. Brainard called
for the question. Ross said 3 and 8 are good. He said these would be decisions for future councils. He said
there could be a time when there is an opportunity to issue a bond and save the taxpayers money. Sattler
suggested to friendly amend to use 3 and 8 and split. Rundell said they do 20 -year level debt service and are
not allowed to "back end" debt. She said Council could change that policy, but at this time that is the policy.
Motion by Ross, second by Eason to amend that it be 3 and 8. Approved 6-1. (Sattler opposed) Vote on the
motion as amended: Approved 6-1 (Sattler opposed) Motion by Sattler to split the parks issues in proportion
to their bond amounts. Rundell said it could be included in the "informational" program, but it would be
dangerous to the amount of money needed. Motion died for lack of second. Motion by Sattler, second by
Berryman to instruct staff to create an informational piece to show the impact for each proposition. Carls noted
that it becomes a part of the contract and cannot be done. There was more discussion. Sattler withdrew hi
motion and Berryman withdrew her second. Rundell and Carls said the informational brochure will be brought
back for approval by Council after it has been reviewed by bond counsel.
Motion by Berryman, second by Sansing to approve the $37,000 to help inform the public of the bond issues.
Approved 7-0.
X Consideration and possible action to confirm the appointment of James Clay Shell to fill the current vacancy of
the Fire Chief on an Interim basis — Kevin Russell, Human Resources Director and Paul Brandenburg, City
Manager
Motion by Sansing, second by Eason to appoint Clay Shell to fill the current vacancy of Fire Chief. Brainard
asked to know his basic credentials. It was noted that he has been in the department for 19 years. Mayor noted
that a search is going forth at this time for a fire chief. Brandenburg said this appointment confirmation is
necessary according to Civil Service and said there are 56 applicants for Fire Chief. He estimated there would
be interviews in mid-September and a new fire chief hired by December or January.
Y Consideration and possible action to approve payment for professional services provided by Labor Finders up
to an estimated annual amount of $75,000 -- Kevin Russell, Human Resources Director and Paul Brandenburg,
City Manager
Russell said he has come to Council with this contract for the last three years. He said this year's amount is half
of the recent requests. Motion by Brainard, second by Sansing to approve. Approved 7-0.
Z Consideration for the approval of the purchase of advertising for personnel services in the Austin American
Statesman up to an estimated annual amount of $50,000, which includes a contract for set advertising space
and also includes dollar volume discounts for services above contracted amount -- Kevin Russell, Human
Resources Director and Paul Brandenburg, City Manager
Russell said he comes to Council each year for this authorization. He explained the current contract amount of
$32,244 and asked for additional money to spend in case there is an overage. There were questions from
Council. Motion by Brainard, second by Sansing to approve a total of $40,000 instead of $50,000. Approved
5-2 (Eason and Oliver opposed)
At this time, Mayor Garver pulled Item HH forward due to the number of people registered to speak at this item.
HH Discussion and possible action to amend the current review and amendment process for the unified
Development Code -- Pat Berryman, Councilmember District 5
Berryman read the process as printed on the item cover sheet. She recommended putting the Committee
Process into Section One, as was done with the Conservation Subdivision.
Speaker, Todd Jansen, saying he is representing Waterstone Development, and is a resident of Georgetown,
City Council Meeting Minutes/August 26, 2008
Page 5 of 11 Pages
offered a historical perspective of when the UDC was first formulated. He said°ne was a member of the
stakeholder task force and was able to share with the staff what he thought would be the impact on the
community.
Speaker, Mel Penland, said he supports the
suggested change and said this would be a proactive way to
provide for the future instead
of dealing with
problems "after the fact"
when they come to the Council. He said
he
hoped
Council
would
look
favorably
on
this
change
to address
the
issues
together.
Speaker, Gary Newman, said one of the biggest issues before them is affordability, saying regulations can drive
that out of the market, and recommended that a task force be formed to work on the UDC.
Mayor read a statement from Paul Linehan who had signed up to speak but had to leave, asking that builders,
developers, landowners. and planners be included.
Motion by Berryman, second by Sansing to include stakeholders and citizens in a "task force" in the "first" part
of the process instead of having a "reactive" situation, and to have the City Manager work with the President of
the Chamber of Commerce and other groups to compile the "task force."
Eason said Council receives in October a list or compilation of development feedback from citizens, Planning
and Zoning Commission, Council, and staff. She said then Council looks at the list and in the past, some things
have been pulled out of that list that needed task forces because they were larger issues than just the staff and
council could deal with. She said stakeholders were unknown until the list was compiled. She said the reveiw
process is the point at which the task forces work with the staff. She questioned why the committees should be
set up before the list is brought to the Council.
There were further comments from Council.
Carls confirmed that Berryman is asking to amend
the
resolution and she
will
revise it and bring it back to the
Council at a future meeting. Brandenburg said he
and
Penland will meet
and
develop a plan.
Vote on the motion: Approved 7-0.
At this time, Item LL -1 was brought forward.
LL1.Public Hearing and First Reading of an Ordinance for a Rezoning from AG, Agriculture District to PUD, Planned
Unit Development District with a base zoning district of MF, Multifamily for 39.996 acres in the David Wright
Survey, also known as Wesleyan Homes Senior Community, located on Williams Drive -- Valerie Kreger,
Principal Planner and Elizabeth Cook, Director of Planning and Development
With an overhead display, Kreger explained the proposed use for the tract, and the conditions set by the
Planning and Zoning Commission. She read only the caption of the ordinance on first reading after having
satisifed the requirements of the City Charter.
The Public Hearing was opened at 8:49 p.m.
Speaker, Terry Shelton, distributed a handout to the Council and made some suggestions as to how he thought
the development should be configured, involving a road on the back side of the development, and relocation of
the maintenance shop. He asked Council to table this item until the developer has a chance to answer his
concerns.
Speaker, Mildred Krienke, distributed a handout to the Council, and said she lives directly behind the first phase
of the development. She said she is concerned about the dust from construction. She said a privacy fence was
constructed in November instead of in July, as promised, and the fence still allows people to look over into her
property. She said she is also concerned about drainage, but not having had any rain, she hasn't yet
experienced any problems.
Speaker, Michael Ponton, said when he bought his home in December, 2005, he went to the President and Vice
President of Weslayan Homes with his concern, and they told him he would not be able to see anything of the
development from his yard. He displayed a diagram of a shed that is visible from his property.
Speaker, Chris Spence, President of Weslayan Homes, said more than a year ago he met with the neighbors,
and he didn't think he promised there would never be a building in the corner; but they have now moved the
assisted living and moved the parking.
Speaker, Gaylen
Laing, Architect
for
the project, said they
have made several changes to the master plan to
accomodate the
neighbors. With
an
overhead display, he
described the proposed development.
City Council Meeting Minutes/August 26, 2008
Page 6 of 11 Pages
Speaker, Craig Sydney, said he has lived in this area for 20 years, and he is concerned about the road that will
go in adjacent to his home that would be used by ambulances and service trucks. He asked for an alternative to
the placement of the road.
There were questions from the Council. Berryman suggested that there needs to be a compromise between the
developer and the neighbors. There were further questions and comments from the Council. Motion by Eason,
second by Ross to approve the first reading with the stipulation that staff, the developer, and the residents get
together and work on the problems before coming back to second reading; and show where the trees will be
planted to buffer the neighbors. There was additional discussion by the Council. Vote on the motion:
Approved 7-0.
9:26 p.m. -- recessed
9:37 p.m. -- resumed
At this time, Mayor Garver pulled Item KK -6 forward
KK -6 Second reading of an Ordinance adding new section 10.16.085 to Chapter 10.16 of the Code of Ordinances
relating to parking in driveways and other approved surfaces: rights of ways and sight triangles -- Julie
McCartney, Chief Code Enforcement Officer and Dave Hall, Director of Inspection Services
McCartney read only the caption of the ordinance on second reading. Motion by Sansing, second by Eason to
approve.
Speaker, Ellen Davis, thanked Council for considering this ordinance. She said she lives in Old Town where this
is a problem. She displayed photos taken within a four -block area in about five minutes. She said most of the
people have driveways and garages but prefer to park in their front yards. She asked if the ordinance would
apply to businesses as well.
McCartney said this ordinance is a protection for the older parts of town that don't have deed restrictions and for
rental property areas where tenants don't take as much care of the property as an owner would. She said this
ordinance only impacts residential properties. She said there are other rules about commercial properties such
as site plans, and they can be cited for violations. There were questions from the Council. Sattler brought up a
safety issue, saying when people are forced not to park their car in the yard, they will move it to the street which
is dangerous for children running out into the street. McCartney noted that state law does allow cars to be
parked on the public streets, but there is an ordinance that doesn't allow RV's or other large vehicles to be
parked on the street. He also asked if people could apply rocks or crushed granite onto their lawns in order to
park their vehicles in a yard. McCartney said this ordinance would not allow citizens to do anything that they
weren't already allowed to do regarding impervious cover. She said it will be the same process. Vote on the
motion: Ordinance 200848 Approved 7-0.
At this time, Mayor Garver pulled Item KK -1 forward.
KK -1 Second reading of an ordinance Amending Section 12.20.040 and Adding New Sections 12.20.100 and
12.20.110 to the Code of Ordinances Chapter 12.20 Relating to Parks and Recreational Facilities and
Establishing Hours in the Parks -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow,
Director of Community Services
Morrow
read
only the caption of the ordinance on second reading. Motion
by Sansing, second by Berryman to
approve
the
ordinance on second reading. Ordinance 2008-43 approved
7-0.
Speaker, Sandi Van Goethen, said the juvenile curfew only takes care of kids that are 16 years of age and
younger. She said she likes this new ordinance because it will assist with the problem of older kids being in the
parks.
At this time, Mayor Garver pulled GG forward.
GG Discussion and possible action on the location of artwork on the Square -- Mayor George Garver
Garver gave a history of this item and said the County has requested the City find another location for the
artwork. He asked if the Council would send the item back to the Arts and Culture Board. Carls noted Council
will need a motion to reconsider. Motion by Berryman, second by Eason to reconsider the issue. Approved
7-0,
Speaker, Ruth Roberts, Chair of the Arts and Culture Board, told Council all of the artists based their proposals
on knowledge of the site where their artwork would appear. She said the Arts and Culture Board consulted with
the County. There was no problem found by the County with this site. She said all of the decisions were made
in public meetings, some covered by the press. She said a contract with the artist has been signed, money has
City Council Meeting Minutes/August 26, 2008
Page 7 of 11 Pages
been partially paid, and the contract references a specific location. She said the original clay version of the
statue has gone to the foundry, and the casting is underway. She said the artist is unaware that these problems
have occurred. Roberts said the press has extensively covered every step of the process, and the Council
unanimously approved the action. She said if there are changes made, artists will not know if they can trust the
decisions the Council may make in the future. She said the artist is the President of the Texas Society of
Sculptors and is a very friendly person. She said if he is treated badly, the City will have trouble getting other
artists to this area.
Lashley
noted there is a
contract, and
if the location is changed,
Carls may need to address that. He said the
price of
the artwork was
addressed to
the site, so there could be
a change if there is a grade problem.
Brainard asked to know the County's concern, and Mayor Garver said he was told this particular piece of artwork
is not compatible with the Square and the renovated courthouse; and the second reason is a contribution made
by the Texas Historical Commission, although he does not know the details of that issue.
There were comments from the Council. Lashley noted that the only thing he has in writing from the County was
the concern that the artwork would be located on County property because of the Texas Historical Commission
grant, but it was confirmed that the statue will be placed on city property.
Mayor Garver said he spoke to the County by phone regarding their concern about the placement of the artwork,
and there is a letter forthcoming.
Mayor Garver suggested that since the Council has indicated by their motion that they would be willing to
reconsider the issue, pending the letter to come from the County, this item could be brought back at a future
meeting.
AA Consideration and possible action to award the contract to furnish and install an audio/video system for the
new Recreation Center to Ford Audio -Video in the amount of $172,063.79 --Terry Jones, Support Services
Construction Manager and Randy Morrow Director of Community Services
Jones explained the item. Motion by Berryman, second by Eason to approve the contract. Approved 7-0.
BB Discussion and possible action concerning fee waivers for Sierra Ridge, and discussion and possible action
concerning council policy regarding the use of fee waivers on residential properties -- Bill Sattler,
Councilmember District 4
This item was pulled by Sattler.
CC Consideration and possible action to approve an amended and restated performance agreement between the
Georgetown 4B Board, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown
Housing Authority concerning the development of the Sierra Ridge project -- Tom Yantis, Assistant City
Manager
This item was handled earlier.
DD Discussion and possible direction to staff regarding the status of the development agreement with San Gabriel
Partners, Ltd. regarding the development of the River Place project in the downtown overlay district — Tom
Yantis, Assistant City Manager
Yantis explained this is back to Council because this project has been offered money from the Georgetown
Transportation Enhancement Corporation (GTEC). He said the developer is present and would like to address
Council about his project. He gave a history of the Council action. He said the agreement includes the
provision that 50% of the sales tax would be shared by the developer, and the City would pay for the
infrastructure around the project, saying the agreement contained deadlines for commencement and other
milestones, including extensions which were approved. Yantis said the site plan has now expired as of
December 22, 2007, saying there is no specific deadline for completion in the agreement.
Speaker, Sam Pfiester, one of the owner/developer partners, gave a history of the project, and said the
architectural firm is Overland Properties, the same firm that designed the Lady Bird Nature Center. He said
projects like this are expensive, and that is why they received economic development funds from a previous
council. He said the next step is to get an anchor restaurant and told Council about the various restaurant
representatives who have looked at the property, but have yet to confirm. He said this project will be an
extension of Blue Hole Park and will be very attractive, but as yet he is unable to find a restaurant that will leave
Austin to come to Georgetown.
Sansing said he would
not like
to extend this agreement;
but he said he likes the
proposed project, and would
be willing to approve it
when it
comes back in the future.
Pfiester said no banker
will
loan money on
it until there
City Council Meeting Minutes/August 26, 2008
Page 8 of 11 Pages
is an anchor. He said he and his partners have invested a million dollars.
Mayor Garver asked, and Yantis listed options for Council. Several Councilmembers indicated a preference to
"not extend" this development agreement. Yantis noted that the money for the "turnaround" could only be used
if it is connected to this project or to some economic development project. There were further comments and
questions from the Council. Motion by Berryman, second by Eason to not extend the agreement and address
the issues of the bridge and the roadway improvements as part of the priority for funding. Approved 7-0.
EE Consideration and possible action to approve a participation agreement with Williamson County regarding
the County's participation in the Rivery Park Tax Increment Reinvestment Zone related to the proposed
development of the Summit at Rivery Park -- Tom Yantis, Assistant City Manager
Yantis noted the agreement in the packet contains the elements discussed in Executive Session on August 11,
2008, along with an extension of time due to the delay created by the City and the County regarding this
agreement. Motion Berryman, second by Sansing to approve the agreement. Approved 7-0.
FF Discussion
and possible direction
to
staff regarding the disposition of the
old fire station on Main Street and the
city office
building on the corner
of
7th and Main Streets --
Tom Yantis,
Assistant City Manager
Brandenburg introduced the item and asked if this item could be postpond. Motion by Berryman, second by
Eason to postpone this item. Approved 7-0.
GG Discussion and possible action on the location of artwork on the Square -- Mayor George Garver
This item was handled earlier.
HH Discussion and possible action to amend the current review and amendment process for the Unified
Development Code -- Pat Berryman, Councilmember District 5
This item was handled earlier.
II Consideration and possible action for direction to staff to research the applicability of the Corps of Engineers
Recreation Development Policy for Outgranted Corps Land at Lake Georgetown -- Bill Sattler, Councilmember
District 4
Sattler said in a meeting with the Corps, Randy Morrow, and some members of the Parks Board, he heard the
Corps express interest in joining with the City to develop guidelines for developing outgranted corps land at
Lake Georgetown. Sansing asked Morrow why the Corps would be interested now when they weren't interested
in the past. Morrow said he thinks a lot of federal money is going to the war in Iraq. He said the Corps told him
if the City doesn't take over the parks, the parks will be allowed for public or private investment. Morrow said he
has looked at the Lake at Grapevine, and he thinks it would be a good idea for the Parks Board to look at Lake
Grapevine and Lake Lewisville and bring back a report to Council. He suggested there should probably be a
feasibility study. Brandenburg said the danger would be loss of City control if the Lake becomes private land.
Eason noted the Lake is prime golden-cheeked warbler territory. Motion by Sattler, second by Berryman to
direct staff and Parks Board to research. Approved 7-0.
JJ Forwarded from the Georgetown Utility System (GUS )Advisory Board
1. Consideration and possible action to reimburse the Brazos River Authority (BRA) for wastewater treatment
plant sludge disposal costs in the amount of $155,000.00 — Glenn Dishong, Water Services Director, Jim
Briggs, Assistant City Manager for Utility Operations
Dishong explained the item, saying the current contract expires September 30, 2008, and this covers all of
the wastewater treatment plants for the remainder of the current year. There were questions from the
Council. Ross asked for a copy of the Texas Disposal System contract for hauling the sludge. Briggs noted
that the contract with BRA requested that there be only one company to handle the sludge hauling. He said
the costs have risen because of regulations by the Texas Commission on Environmental Quality. There
were further questions from Council. Motion by Eason, second by Sansing to approve the reimbursement.
Approved 7-0.
2. Consideration and possible action to recommend approval of Task Order No. SEL -08-001 with Schneider
Engineering Ltd, of Boerne, Texas, pursuant to the terms of the Master Services Agreement, for
professional services related to Electrical Engineering and Monitoring of System Operation of the City of
Georgetown's Electrical Distribution System for an amount of $50,000.00 -- Ken Arnold, Energy Services
Director, Jim Briggs, Assistant City Manager for Utility Operations
Arnold introduced the item. Motion by Sansing, second by Berryman to approve the Task Order.
Approved 7-0.
City Council Meeting Minutes/August 26, 2008
Page 9 of 11 Pages
3. Consideration and possible recommendation for the award of the annual bid for electric metering material
to various bidders in the estimated amount of $291,638.20 -- Ken Arnold, Energy Services Director, Jim
Briggs, Assistant City Manager for Utility Operations
Arnoled introduced the item. Motion by Brainard, second by Ross to approve the award of bid. Approved
7-0,
KK Second Readings
1. Second reading of an ordinance Amending Section 12.20.040 and Adding New Sections 12.20.100 and
12.20.110 to the Code of Ordinances Chapter 12.20 Relating to Parks and Recreational Facilities and
Establishing Hours in the Parks -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow,
Director of Community Services
This item was handled earlier.
2. Second reading of an ordinance amending Section 10.16.040 of the Code of Ordinances establishing a no
parking zone on Church Street between University Avenue and 21 st Street; and directing the Traffic
Engineer to erect appropriate signs indicating such zone — Mark Miller, Transportation Services Manager
Miller read only the caption of the ordinance on second reading. He explained the item. Motion by
Berryman, second by Eason to approve Ordinance 2008--44, Approved 7-0. Ross thanked staff for this
ordinance.
3. Second reading of an ordinance zoning for traffic and rate of speed therein, on RM 2243 in the City limits
defining speeding and fixing a penalty therefor; and declaring what may be a sufficient complaint in
prosecutions hereunder -- Mark Miller, Transportation Services Manager
Miller read only the caption of the ordinance on second reading. He explained the item. Motion by Eason,
second by Berryman to approve Ordinance 2008--45, Approved 7-0. Brainard thanked staff for this
ordinance.
4. Second reading of an ordinance amending Section 10.12.090(c.) of the Code of Ordinances establishing a
35 -mph speed zone on a portion of Booty's Crossing Road within the corporate limits of the City of
Georgetown -- Mark Miller, Transportation Services Manager
Miller read only the caption of the ordinance on second reading. He explained the item. Motion by
Berryman, second by Eason to approve Ordinance 2008--46. Approved 7-0.
5. Second reading of an Ordinance for the voluntary annexation into the City of 5.016 acres, more or less, in
the Antonio Flores Survey, Abstract No. 235, for Georgetown High School Stadium, east of Austin
Avenue and northwest of Meda Street -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook,
Director of Planning and Development
Cook read only the caption of the ordinance on second reading. Motion by Berryman, second by Eason to
approve Ordinance 2008-47. Approved 7-0.
6. Second reading of an Ordinance adding new section 10.16.085 to Chapter 10.16 of the Code of Ordinances
relating to parking in driveways and other approved surfaces: rights of ways and sight triangles -- Julie
McCartney, Chief Code Enforcement Officer and Dave Hall, Director of Inspection Services
This item was handled earlier.
LL Public Hearings/First Readings
1. Public Hearing and First Reading of an Ordinance for a Rezoning from AG, Agriculture District to PUD,
Planned Unit Development District with a base zoning district of MF, Multifamily for 39.996 acres in the
David Wright Survey, also known as Wesleyan Homes Senior Community, located on Williams Drive --
Valerie Kreger, Principal Planner and Elizabeth Cook, Director of Planning and Development
This item was handled earlier.
2. Public Hearing and First Reading of an Ordinance for a Rezoning from AG, Agriculture District to C-3,
General Commercial District for 10.47 acres in the Wright Survey, to be known as Suc-ee's Commercial
Tract, located at Airport Boulevard and Lakeway Drive -- Valerie Kreger, Principal Planner and Elizabeth
Cook, Director of Planning and Development
With an overhead display, Kreger explained the item, saying the Planning and Zoning Commission
City Council Meeting Minutes/August 26, 2008
Pagel 0 of 11 Pages
recommended approval. There were questions from the Council. The Public Hearing was opened at 11:09
p.m. There were no comments. The Public Hearing was closed at 11:09 p.m. Kreger read only the caption
of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by
Berryman to approve the ordinance on first reading. Approved 7-0.
3. Public Hearing and First Reading of an Ordinance for a Rezoning from C-3, General Commercial District to
C-1, Local Commercial District for 0.634 acres being Lot 5, Block 2, Highland Park Revised Subdivision,
also known as City of Georgetown Municipal Complex Parking Improvements, located along Industrial
Avenue -- Valerie Kreger, Principal Planner and Elizabeth Cook, Director of Planning and Development
With an overhead display, Kreger explained the item, and gave a history of the property. She said the
Planning and Zoning Commission recommended approval with conditions. Kreger explained the conditions
and read only the caption of the ordinance after having satisfied the requirements of the City Charter.
The Public Hearing was opened at 11:14 p.m. There were no comments. The Public Hearing was closed
at 11:14 p.m.
Motion by Sansing, second by Oliver to approve the ordinance on first reading, including the conditions
stated. Approved 7-0. (Special Note to Minutes: The conditions stated were as follows:
a. The permitted use on the site shall be limited to the off-site parking for the City's buildings located at
300 and 301 Industrial Avenue.
b. A landscaped buffer between the subject property and the contiguous parcels to the north and the west
shall be required, consisting of the following:
I. A ten (10) foot wide planting area with an average of one deciduous tree, one deciduous shrub
and one evergreen shrub per 50 linear feet that may include diversion feature with possible
concrete rip -rap bottom;
ii. A solid six (6) foot screen fence.)
MM Consideration and possible action to appoint Councilmember Bill Sattler to the Lower Colorado River
Authority/Wholesale Power Association (LCRA/WPA) Negotiations Committee with Jim Briggs, Assistant City
Manager for Utility Operations, to represent the City of Georgetown -- Mayor George Garver
.e
Garver recommended Sattler participate in the process. Motion by Berryman, second by Ross to approve the
appointment. Approved 7-0.
Garver
The meeting was adjourned at 11:16 PM.
City Council Meeting Minutes/August 26, 2008
Page 11 of 11 Pages