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HomeMy WebLinkAboutMIN 07.22.2008 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, Bill Ben Oliver Sattler, Pat Berryman, Dale Ross Staff Present: Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Tom Yantis, Assistant City Manager;' Micki Rundell, Director of Finance and Administration; Jessica Hamilton, Assistant City Secretary; Mark ' Miller, Transportation Services Director; Glenn Dishong, Water Services Director; Tom Benz, Systems Engineering Manager; Leticia Zavala, Controller; Lorie Lankford; Chief Accountant Randy Morrow, Community Services Director; Ed Polasek, Principal Planner; Kevin Stofle, Assitant Chief of Police; Elizabeth Cook, Director of Planning and Development; Jess Henderson, GIS Analyst; Rachel Osgood, Environmental Services Coordinator; Bill Dryden, Transportation Engineer 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 - Mark Shelton v. City of Georgetown, et al; 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. Regular Session = To begin no earlier than 06:01 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.) D Comments from the Mayor - Welcome and Meeting Procedures - Possible letter to TXDOT E Announcements and Comments from City Manager The City of Georgetown is in the process of approving its 2008/09 Annual Operating Plan. The 1=` Public Hearing City Council Meeting Minutes/July 22, 2008 Page 1 of 10 Pages on the Tax Rate is scheduled for August 12 at 6:00 p.m. and the 2�d Public Hearing on Tax Rate is scheduled for August 25� at 4:00 p.m. A Public Hearing on the 2008/09 Budget is scheduled for August 26" at 6:00 p.m., and the first and second readings of all Budget and Tax Ordinances are scheduled for August & at 4:00 p.m. and September 9at 6:00 p.m. Each of these meetings will be noticed and posted. For questions relating to the budget process, please contact Micki Rundell at 930-3676. F Action from Executive Session There was no action out of Executive Session. 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. G Consideration and possible action to approve the minutes of the City Council Workshop on Monday, July 7, and the City Council Meeting on Tuesday, July 8, 2008 -- Sandra D. Lee, City Secretary H Consideration and possible action to approve a Master Services Agreement with Schneider Engineering, Ltd. of Boerne, Texas, for professional engineering services -- Thomas R. Benz, P.E., System Engineering Manager and Jim Briggs, Assistant City Manager for Utility Operations Consideration and possible action to approve Amendment No. 1 to the Advance Funding Agreement with Texas Department of Transportation for the City's portion of the funding for the IH 35 at Lakeway Project -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations J Consideration and possible action on a Preliminary Plat for 5.182 acres out of the J. Fish Survey, to be known as Woodlake, Phase 6 located on Williams Dr. at Woodlake Drive -- Carla Benton, Planner 11 and Elizabeth Cook, Director of Planning and Development K Consideration and possible action on a Preliminary Plat for 37.512 acres in the L. Dyches Survey to be known as Georgetown South Industrial Park, located at 100 Snead Drive -- Carla Benton, Planner II and Elizabeth Cook, Director of Planning and Development L Consideration and possible action on a Preliminary Plat for 36.956 acres in the B.C. Low Survey to be known as Teravista, Section 313, located near the intersection of Westinghouse Road and FM 1460 -- Carla Benton, Planner II and Elizabeth Cook, Director of Planning and Development M Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC) Board 1. Consideration and possible action to approve a Master Services Agreement with Klotz Associates, Inc., of Austin, for professional engineering services -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations 2. Consideration and possible action to approve Task Order No. 1 with Klotz Associates, Inc., of Austin, to develop the Preliminary Route Alignment for the connection over IH 35 from Northwest Boulevard in an amount of $21,000.00 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations Motion by Sansing, second by Ross to approve the Consent Agenda in its entirety. Approved 6-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: N Consideration and possible action to approve a lease agreement and utility cost reimbursement agreement with CARTS for the development of an inter -modal transit facility at S. Austin Avenue and IH -35 -- Ed Polasek, Principal Planner and Tom Yantis, Assistant City Manager Polasek explained the item and said the inter -modal transit facility would serve as a collection point for commuters. He noted it would connect trips for a fixed route or commuter route system into Austin as well as the County. He noted, being a transit station, there would also be the potential for a commercial bus service. He described the facility and said the project will be funded by a grant from the Federal Transit Administration through the Rural Transportation Grant Program. He added this project has nothing to do with the fixed route system that Council has been discussing in the budget. Motion by Sansing, second by Berryman to approve the agreement. Sattler asked and Polasek confirmed the City Council Meeting Minutes/July 22, 2008 Page 2 of 10 Pages money that is proposed for ure development impact fee waiver would be in lieu of any lien or title on the property. Approved 6-0 O Discussion and possible direction to staff regarding the proposed November 2008 Road Bond and Parks and Recreation Bond Projects, as well as, allocation of $7,500 from legal contingency for McCall Parkhurst and Horton, the City's bond counsel, to proceed with legal requirements for the bond election -- Paul E. Brandenburg, City Manager and Micki Rundell, Director of Finance and Administration Brandenburg explained the item and said Council had a workshop about this on July 8th and 9th and there were revisions made by Council and staff. He described the various changes that were made to the road bond and parks and recreation bond projects. He said the total amount of the road bond being presented is $44.2 million. He listed the projects included in the road bond proposal. He added there were changes made to the parks and recreation bond proposals as well. He said the price of several of those projects were almost cut in half. He reviewed the changes in cost for each of the parks and recreation bond projects. He noted the total amount of the parks and recreation bond proposal is $36.5 million. He said the total price of both the road and parks and recreation bond proposals is $80.7 million. He added, with issuance costs, the total comes to $87 million. Brandenburg said the action tonight would be to put this on the November bond election ballot. He explained the $7,500 legal contingency, saying the amount will enable staff to move forward with the proper publications, legal requirements, as well as any public education for the bond election. Mayor asked and Brandenburg reviewed the timeline for this process. Rundell said, after approval, McCall & Parkhurst will begin drafting the ballot language. She said there will be a workshop where Council will be able to go through the ballot language and review the election process. She noted the City has to do the resolution to call the bond election no later than the second meeting in August. Rundell explained the packet of information that was given to Council on this issue. She said the amount of bonds will actually be a little less than $84 million. Sattler expressed his concerns with the FM 971 project saying it will only worsen the traffic at the intersection of Williams Drive and Austin Avenue. He said he spoke to people at GISD about the saftey and the bus traffic on those routes and he has driven the area many times. He noted he thinks 971 needs widening from Interloop to Austin Avenue but with a caveat that the City puts a bridge that goes across the highway. He added $13.2 million is too much to be spending for a road that would increase traffic on Austin Avenue. He suggested that only the area between Interloop Road and Austin be widened to four lanes, which would bring safety to the buses. He added the project should not be done east of Interloop to 130 until more Economic development opportunities come into affect in that area. He added the two segments on FM 1460 also concern him because it is a three segment area with one segment having to be constructed by the County. He said the City should not attempt to do these projects until the County has agreed to build their piece of the property. Sansing agreed with Sattler on the 971 project but he does not want 971 tied to a bridge. He added, on the 1460 project, Sattler makes sense when he suggests the County do their part first. He said Council should add that to the bond package with the stipulation that the City will not move foward with the project or sell the bonds until the County does their portion first. Polasek said the County is working on safety improvements of the 1460 Interloop intersection and, once that is done, their segment of the project could be done fairly quickly. He said the County is working on this intersection right now and there will already be an improved intersection before the construction of this proposed project would start. Sattler said he has no problem with the roads and he thinks 1460 is critical to economic development in the City, but he justs asks that these projects be coordinated with the County. Mayor asked and Rundell said the bonds are not issued without Council's approval. Berryman said the traffic on 971 is not going to be improved if the roads are widened. She noted, once the City has control of the light system in this area, it will take care of a lot of the traffic issues. Brandenburg spoke about the traffic flow on 971 and said things are in motion to move forward with these projects. He noted, part of the benefit of the Williams Drive Gateway project is not only the economic development prospects but the connectivity the City will have with the transportation network in that area. There were comments from Council. Berryman spoke about the light problem on 971 and asked if there could be a solution through traffic lights that could move the traffic faster. Polasek said the County never changed the timing of the light signals from their original construction. Benz said there are limitations on how the City can change the lights because it is more of a mechanical system than electronic. Berryman said she thinks this would be a lot cheaper than building a bridge. Sansing said the light problem is not just in that area and Benz added the City would tie all of the light systems together. Benz noted the County will still have control of the lights from 1-35 all the way down to Austin Avenue. He added the City's control will end at the west frontage road. Sattler said the City should widen the road cautiously and in a way to help the traffic. Mayor said the authority to move forward with these projects in granted by the voters when they approve the bond issue. He added, if the voters approve the road package, Council can then determine how the bonds are sold and how that revenue is used for roads. Brainard said Council is voting on the big picture and will be revisiting these projects in greater detail over the coming months and years. Brandenburg said the City would not go forward with these projects without coordination with the County. There were more questions and City Council Meeting Minutes/July 22, 2008 Page 3 of 10 Pages comments. Motion by Sattler, second by Berryman to reduce the road bond issue by $3 million dollars by changing the 971 expansion to only include the segment between the intersection at Interloop Road and Austin Avenue. Brainard said he thinks Council is making a huge mistake if they approve this motion. He said Council has not lost anything by retaining the authority to be able to build this road later on. He noted Council does not have to make this decision tonight and can decide to cut that portion off at a later time. Ross said the motion would limit options and Council could modify the expansion at later meetings. Eason agreed with Ross and Brainard. Vote on the motion: Tie Vote 3-3 (Brainard, Eason, Ross opposed). Mayor opposed the motion. Denied 4-3 Brainard asked and Rundell said the bonds will be presented to the voters as two different bond proposals, roads and parks and recreation. Motion by Berryman, second by Sansing to approve road bonds package as recommended by staff. Approved 5-1 (Sattler opposed) Ross said, in regard to the parks and recreation bond proposal, he has one small change. He said we would like eliminate the $2.5 million that would be used to convert two smaller pools to spray pools. He said he agrees the spray pools need to be done, but the City could use other funding sources for this project. Motion by Ross, second by Brainard that spray pools be eliminated from the parks and recreation bond issue. Berryman agreed with this motion, saying staff has assured Council the City can fund this in another way. Approved 6-0 Sattler said he thinks the Garey Park development is absolutely necessary and the City has a commitment to match the amount given by the Garey family. He added $10 million is a reasonable amount of money to put forward for that project. He said the second important project is the $10 million that will go toward the San Gabriel Park renovations. He added he does have a problem with the $5 million to go toward the the new hike and bike trails. He said he is also concerned about the $4 million to purchase open space as well as the purchase and development of land west of 1-35 for a park and sports complex. He noted the County is also looking at 500 acres of land for a regional park in that particular area and, if they want to spend the money, Council could look at that as a substitute for spending $5 million for a City park. He said he recommends the parks and recreation bond project proposal should be $20 million instead of $36.5 million. Sattler said there will be an 11 cent impact on the tax payers. Sansing noted the 11 cent tax will go into affect in 2017 and not in the coming year. Motion by Sansing, second by Eason to approve the parks bond proposal at $34 million plus issuance costs. Ross said these bonds will not be issued this year and they will be contained so that there will be minimal impact on the tax payer. Berryman said the only item she would question is the $5 million to preserve open space. She said it would be nice to have a parternship with the County for this space. Eason noted, when the County purchases land, it is not going to be used. She added, the $5 million to preserve open space also goes toward the purchase of springs. There were comments from Council. Brainard said the parks package has already been reduced by a third. He noted Council is not spending the money, but is only authorizing the possible future expenditure of it. He said this will buy the City options and opportunities and he supports the motion. Vote on the motion: Approved 5-1 (Sattler opposed) Rundell reviewed how these bonds and the changes Council has made to them will affect the tax rate. Motion by Ross, second by Sansing to authorize the $7,500 from legal contingency for McCall Parkhurst and Horton to proceed with legal requirements for the bond election. Approved 6-0 P Consideration and possible action to approve a development agreement with Golden Royal Hospitality for the development of an approximately 6 acre site within the Williams Drive Gateway Redevelopment area at the southwest corner of the IH -35 frontage road and Northwest Blvd. -- Tom Yantis, Assistant City Manager Yantis explained the item and said the proposal for the first two phases of this project is for two new limited service hotels made up of approximately 150 total rooms. He said this is the first new development within the Williams Drive Gateway. He noted this is important because the Tax Incremented Reinvestment Zone put in place for the Gateway will only work as anticipated if there is increased valuations on the ground. He said this project would be the first to begin to build money in the tax increment fund. He said, because of its location at the northern end of the gateway, the property has the opportunity to dedicate land for the future construction of both the Northwest Blvd. bridge and the north south connector road between Northwest Blvd. and Williams Drive. He said the developer has not only been very cooperative with the City in building up to standard, but the developer has also volunteered to donate the right-of-way in that area at no cost to the City. He said this development agreement is recommended for approval by the staff. Yantis reviewed the various components included in the development agreement. He said the construction of the two hotels would commence this year. Sansing asked and Yantis said the City owns the electric utility line. Sansing asked and Yantis said Jim Briggs recommended staff to relocate that as an overhead utility line until the City knows how it is going to build the Northwest Blvd. bridge. Sattler asked about the value of the right-of-way. Yantis said he ran a calculation and came up with a $240,000 cost of the raw land value. Sattler asked and Yantis said the value of the waivers for all three phases is estimated at $314,000. Brainard asked and Yantis said the fee waivers are not out of pocket City Council Meeting Minutes/July 22, 2008 Page 4 of 10 Pages costs, but the City is just foregoing the receipt of revenue. He added the big ticket costs are in the water, wastewater impact fees. He said that it is a revenue loss for the City but, on the other hand, the land could go unused. Brainard said and Yantis agreed the City is foregoing revenue, but not experiencing costs. Brainard asked and Yantis said, if the City does not approve the fee waivers, the developer would be less likely to cooperate in a way that is more consistent with the Williams Drive Gateway Master Plan. Brainard said and Yantis agreed the waivers are not only getting the City right-of-way, but a development that is closer to what the City desires. Sattler said and Yantis agreed the project would receive hotel taxes but it is not asking for tax abatement. There were comments from Council. Motion by Sansing, second by Sattler to approve the development agreement. Approved 6-0 Yantis introduced the developer, Bankim Bhatt, to Council. Brainard asked and Bhatt said one of the hotel franchises is a Holiday Inn Express and the other is an extended stay Candleworks Suites. Q Discussion and possible action to approve the naming of a proposed public street "Aviation Drive" -- Paul E. Brandenburg, City Manager Brandenburg said this is in conjunction with a project by Texas Outdoor Power Equipment. He said they requested to rename the new section of the road they are building Pat Elliott Drive, after a family member. Brandenburg reviewed the City's policy and procedures for renaming a public street. He said the request went through the process and naming the street after a family member would cause problems because it is going to be a minor arterial road and heavily traveled. He noted other parcel owners in the area may want to name streets after their own family members as well. He said a public meeting was held and there were letters opposing the road being named Pat Elliott Drive. The naming committee suggested instead to name the road Aviation Drive because it will eventually connect to Airport Road. Brandenburg described the location of the proposed "Aviation Drive." There were questions from Council. Motion by Sansing, second by Berryman to approve the naming of the street. Approved 6-0 R Discussion and possible action regarding the research and evaluation of cost effective options for legal services -- Paul E. Brandenburg, City Manager Brandenburg said he was requested on July 8th to research cost-effective options for legal services. He referred to the research documentation given to Council. He said the City surveyed over 49 cities in Texas about whether they do their legal services in-house, via contract services, or a through a blended approach. He said staff tried to put together an estimated budget if Council were to do their legal services in-house. He added staff also looked at the trends of legal costs over the past few years. He said there is no rhyme or reason for what City's decide to do for their legal services. He noted the City has gone through this exercise before, but not to this degree or detail. He said the City had in-house legal services back in 2000-2001 and he added many cities change according to options available at that time. He noted this is a lot of information to digest in one night. Motion by Ross, second by Sansing to have the Mayor appoint a subcommitte that will bring its findings and recommendations back to Council at a later date. Berryman asked and Ross said the motion is for Mayor to appoint the committee at his discretion. Mayor noted the appointments will be subject to Council review and said it would be a three member committee that serves a specific purpose and then is disbanded. Sansing asked and Berryman said the committe does not have to be made up of Councilmembers and it would probably be better if it was not. Mayor noted legal services are clearly the expressed authority of the Council. He added he would guess that 80% of the legal services performed on behalf of the City involve direct interaction between the City Manager, or his staff, and legal counsel. He said, whatever Council decides to do, it needs to recognize the needs of staff as to the quality of legal assistance. Eason suggested an attorney be involved in the committee. Mayor said he would bring back a list of names, including an attorney, for the subcommittee at the next meeting. Vote on the motion: Approved 6-0 S Forwarded from Georgetown Economic Development Corporation 1. Discussion and possible action to approve a Performance Agreement between the Georgetown Economic Development Corporation and Airborn, Inc. -- Mark Thomas, Economic Development Director and Paul E. Brandenburg, General Manager This item was pulled by staff. 2. Discussion and possible action to approve a Performance Agreement between the Georgetown Economic Development Corporation and Enflite, Inc. -- Paul E. Brandenburg, General Manager and Mark Thomas, Economic Development Director This item was pulled by staff. T Forwarded from the Georgetown Utility Systems (GUS) Advisory Board City Council Meeting Minutes/July 22, 2008 Page 5 of 10 Pages 1. Discussion and possible action to renew the existing brush -grinding con€ract between the City of Georgetown and Austin Wood Recycling (AWR) of Cedar Park, Texas for routine brush grinding services at the Collection Station -- Rachel Osgood, Environmental Services and Jim Briggs, Assistant City Manager for Utility Operations Osgood explained the item and said this is for routine brush -grinding services ongoing at the Collection Station. She said the first year of the contract expired last month and staff is requesting approval to renew the contract for another year under the same terms and conditions. She noted the pricing will remain the same. Brainard asked and Osgood said the costs of this service are increasing and, this year, $35,000 has been spent to watch and gauge the monthly amount. She added she is expecting more this year because the City is encouraging its citizens to not throw out green waste. Barinard asked and Osgood said the City has not thought about doing this in house because the shear volume of green waste and the cost of the equipment needed. Motion by Brainard, second by Sattler to approve the renewal of the brush grinding contract. Approved 6-0 2. Consideration and possible action to award a contract to Keystone Construction, Inc, of Austin Texas, for the construction of Leander Pump Station Expansion in the amount of $271,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item and said this project involves the addition of one pump and the replacement of one existing pump to provide service to the developments along Leander Road. The expansion of the pump station is required as part of a contract the City has with Escalera and the Parkside and Mayfield MUDs. Ross asked about the bidding process. Benz said, in most projects, they take the lowest responsible bidder. He gave examples of the bidding process. Motion by Sansing, second by Ross to approve the award of contract. Brainard asked and Dishong said the actual construction work would last about 30-60 days. Brainard asked and Dishong said there would only be the normal disruptions a person would expect for this type of project. Sansing asked and Benz spoke about the types of pumps used for this project. Mayor asked and Dishong said they are adding these pumps to maintain pumping capacity for platted lots. Vote on the motion: Approved 6-0 U Forwarded from the Georgetown Transportation Advisory Board (GTAB) 1. Consideration and possible action to approve a Master Services Agreement with Kimley-Horn and Associates, Inc., of Austin, Texas, for professional engineering services -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations Dryden explained the item and said this is a contractual agreement to do engineering services and it has no dollar value attached to it. Motion by Brainard, second by Sansing to approve the master serivices agreement. Sattler said he would like to see an updated list of Master Services Agreements currently in affect as well as the location of the companies involved. Approved 6-0 2. Consideration and possible action to approve a Task Order No. 1 with Kimley-Horn and Associates, Inc., for the Road Impact Fee Study in an amount of $ 114,500.00 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations Dryden explained the item and said the budget for this was $150,000 and Kimley-Horn came in way under that amount. He said the study should take 6-9 months to complete and Kimley-Horn will walk the City throug the entire process. Mayor asked and Dryden said an impact fee study is done in order to determine the impact of a new development on the existing roadway system. He said the City collects a fee depending on the impact that is created by the new development. He said the money can be spent within the City and not in the ETJ. Brandenburg says the City is trying to follow its policy of having a new development pay for itself. Sansing said the City needs to start looking at roads as a utility. He said he will support this vote but does not want to see the fees become exorbitant. Dryden said road impact fees are just an alternate funding source. Brian Van DeWalle said there will be a series of workshops on this issue and the study does not look at one road. He added the study looks at a region with about a six mile diameter and estimates how many fees are necessary for the anticipated growth in that area. He noted Council will be able to look at the estimated fees generated from this study and address what may be exorbitant costs. He added the power still lays with the Council. Motion by Brainard, second by Sansing to approve the task order. Approved 6-0 3. Consideration and possible action to award a construction contract to EBC Construction, LLC, of Manor, Texas, for the construction of Leander Street (18th street to 22nd street) and 22nd Street (from 452 ft. west of Leander Street to Austin Avenue) in an amount of $ 382,359.00 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/July 22, 2008 Page 6 of 10 Pages Dryden explained the item and said EBC Construction came in as the lowest responsible bidder. He described the funding sources for this project. Motion by Sansing, second by Sattler to approve the award of the construction contract. Ross asked and Dryden said a responsible bidder is one that has shown that they can do the work, that they have the bonding capacity, as well as reference. Dryden added it is really based on how they have performed in the past. Carls reviewed the low bid laws. Brainard asked and Brandenburg said the money that is leftover will go back to Williamson Couty because it is grant money. Vote on the motion: Approved 6-0 4. Consideration and possible action to award a construction contract to Aaron Concrete Contractors, LP, of Austin, Texas, for the construction of Blue Role Restoration Project in an amount of $98,752.50 -- Bill Dryden, Transportation Engineer and Jim Briggs, Assistant City Manager for Utility Operations Dryden explained the item and said the City received four bids for this project. He said Aaron Concrete Contractors are good concrete workers. He noted the budget is going to be coming out of FEMA and TML insurance. Motion by Brainard, second by Sansing to approve the construction contract. Sattler asked and Rundell described the funding sources for this project. Rundell said the FEMA grant and TML expenditure will be included at the end of the year budget amendment at the first meeting in November. Dryden added FEMA pays 75% of the cost. Sattler asked and Dryden said staff will know the total cost of the Blue Hole clean-up once they receive the total number of cubic yards involved. Brandenburg said, when this project was submitted to GTAB and Council a month or two ago, the budget cost was much higher. He said the City has done things to make this project more practicle. Vote on the motion: Approved 6-0 Meeting recessed at 7:53pm Meeting resumed at 8:02pm V Public Hearing and possible action on a Special Use Permit for potential uses within the Tamiro Plaza Phase 1 building for City of Georgetown, Block 27, Lot 1-8, also known as Tamiro Plaza, located at 501 S. Austin Ave. -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Director of Planning and Development Wyler explained the item and said the property is zoned mixed-use downtown and the property will be a multi -use facility. He said the applicant is requesting a special use permit to have the option for a variety of uses within the structure. He noted the approval of the permit would allow marketing to various future tenants. He listed the potential uses the applicant is requesting for the property inlcuding a rehabilitation center, a convalescent home, a nursing home, geriatric/psychiatric residential treatment center, cosmetic surgery, specialty hospital, and a geropsyche hospital. He said, based on the UDC, the requested special use permit is appropriate for the property. He noted the uses requested fall into three use categories which are group living, institutional, or medical facilities. He said both staff and the Planning and Zoning Commission recommend approval of the special use permit. Public Hearing was opened at 8:06pm No persons were present to speak. Public Hearing was closed at 8:06pm Sattler said and Wyler agreed only the seven items presented are the uses that would be included with the permit. Brainard asked if Wyler could summarize what is permitted in the building. Wyler said, with a mixed-use downtown designation, a lot of uses are permitted. He noted staff has received a long list of potential uses but they singled out the list of uses that would require a special use permit. He said those uses are in the list given to Council. Brainard said and Wyler agreed that a good portion of this buidling is leased and a part of it is not. Wyler said the owner wanted to get these uses approved just in case other businesses may come in. Ross asked and Wyler said the special use permit would be related to phase one of the actual building and not the business. Ross asked and Wyler said, once this permit is approved, it will be good forever. Ross asked and the applicant, Francisco Choi, clarified a couple of the uses included on the proposed list. Berryman asked how the property would be used for a nursing home. Choi said there are many types of nursing homes and services that could be offered to seniors and he wants to be in a position where, if that type of business comes around, he can offer them a space. Berryman asked about the design and how it would support such a variety of different businesses. Choi described the layout of the buidling and said it is a very leniant and flexible configuration. He said, if some of these businesses want to rent space in his building, there would be separate entrances and exits. He said he is confident he can handle any of those components if they come into play. There were questions and comments from Council. Eason asked if staff gave 4A or 4B support to this project. Carts confirmed staff gave 4B support and Yantis said the total given was $521,000. Eason said the only reason she supports these projects is because the City is asking for the kinds of development that would be helpful for certain areas. She said she does not see anything on the list, except for cosmetic surgery, as being appropriate for the downtown area. She said part of the reason she has supported this project was because of the promise to bring activity to downtown City Council Meeting Minutes/July 22, 2008 Page 7 of 10 Pages Georgetown. She noted she does not see anything on the list that helps with alis effort and she is not going to support the special use permit. Berryman asked the developer if the list is negotiable and added she sees some of the uses as fitting and others not. She said she remembers discussing a medical element for the project as well. Choi described the current tenants going into the building and said it is centered on the health and medical industry. He noted the uses presented to Council will not interfere with this trend. Brainard asked and Choi said the current tenants are people's pharmacy, retail pharmacy, rehabilitation center, and a homecare agency. There was much discussion. Choi spoke about his visions for Phase One and Phase Two of this project and noted this request is just for Phase One of the development. He said he envisions Phase Two having more residential components that would be served by Phase One. Berryman said and Choi agreed his vision for this project is geared toward geriatric care. Berryman said and Choi confirmed that Phase Two would feed into Phase One. Sattler asked and Choi agreed that the items on the list of uses are all related to geriatric care. Choi said the business development strategy changes and he is excited about the second phase and how it will apply to the first phase. Sansing asked how the City views the difference between a surgical center and a hospital. He said he visualized this project as being geared toward office visits and not so much long term hospital stays. Sansing added he is wondering if Choi would consider allowing Council to take the convalescent home and nursing home off of the list of potential uses and consider the project more of an outpatient facility. Choi said the uses on the list are just possibilties and he wants to have the flexibility. Berryman asked and Choi described the idea behind Phase Two of the development. Ross said he agrees with Eason's comments and said the uses will not encourage people to go out into the community. He said he thinks it is a compatibility issue for that part of downtown and he added he does not think he can support this permit. Cook read the definition of a hospital in the UDC. She said it does not have to pertain to an overnight stay. Berryman said the uses that worries her the most are the convalescent and nursing home elements. Motion by Sansing, second by Eason to approve the special use permit without uses 2 (convalescent home), 3 (nursing home) and 4 (geriatric/psychiatric residential treatment center). Sansing said the term residential in item 4 is what makes him hesitant. Yantis said Council could stipulate the length of stay for the service. Choi said he thinks putting a limit on days would limit his ability to find businesses that would meet that requirement. He suggested limiting the floor to a percentage. Amended Motion by Sansing, second by Eason to approve the special use permit with the removal of potential use items 2 and 3 and limiting item 4 to include 50% of one floor. Brainard asked and Choi said he is accepting of this motion. Choi said he would rather Council limit item 4 to one floor because he only has one and a quarter floor left. He added he does not want to limit items 2 and 3 and noted Council can get rid of item 4 if preferred. Sansing withdrew his amended motion. Eason said she thought the interest was with item 4 and she does not support items 2 and 3. There were comments from Council. Sansing said and Berryman agreed it may be better to say convalescent facility instead of convalescent home. Motion by Sansing, second by Eason that the special use permit be approved without use number 3 (nursing home) and to change the term convalescent home to convalescent facility. Yantis reviewed the definition of residential as it applies to permits and said it is not just related to medical use. He noted the performance agreement requires Choi to create a certain number of jobs on the site. He said it is specified as a mixed use site and, from the beginning, it was proposed to the City as being centered around geriatric medicine. He said a facility like this has not been built in downtown Georgetown before and he added the developer is trying to create a cutting edge concept for holistic care of seniors. He said he thinks it is compatible for the Downtown Master Plan and he noted the development will bring high paying jobs who will frequent other business. Eason said she thought the project was going to be made up of doctor's offices, pharmacies, and things of that nature. Yantis said any one of those things could happen in the First Phase and the market is going to decide the right mix of businesses for the building. Vote on the motion: Approved 5-1 (Ross opposed) W Consideration and possible action on a Final Plat for the Resubdivision of 2nd Revised Map of Eubank Addition, Block 4, Lot 9, located at 1813 S. Main St. -- Carla Benton, Planner II and Elizabeth Cook, Director of Planning and Development Benton explained the item and said this is a single family residential lot that is proposed to divide into two residential lots. She said each lot will consist of an excess of 6,000 square feet which exceeds the minimum required for a single family residential lot. She added all of the standards layed out by the UDC have been met. She said one written opposition was received prior to the writing of the report and the planning and zoning commission recommended approval of this request. Motion by Sansing, second by Berryman to approve the plat. Approved 6-0 City Council Meeting Minutes/July 22, 2008 Page 8 of 10 Pages X Second Reading 1. Second Reading of an Ordinance to revise Chapter 12.32 of the Code of Ordinances pertaining to the Georgetown Municipal Airport Use Regulations due to the activation of the Georgetown Air Traffic Control Tower -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Yantis explained the item and read only caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Berryman to approve Ordinance 2008-38 on second reading. Sattler asked and Yantis said staff would like to gain voluntary compliance by making the regulations known. He added, if a person does not comply, staff will call the police and if necessary get the federal government involved. Ordinance No. 200849 *-38 Approved 5-0 (Ross off the dais) (*correction approved at the September 23, 2008 Council Meeting.) 2. Second Reading on an Ordinance approving a Comprehensive Plan Amendment to modify the 2030 Plan Overall Transportation Plan related to the removal of a future Major Collector between Cooperative Way and South Austin Avenue -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance after having satisfied the requirements of the City Charter. He said this is removing a road that was included as part of a GTEC project. Motion by Sansing, second by Ross to approve Ordinance 2008-39 on second reading. Sattler asked and Polasek said GTEC money had not been approved for this road yet because there was not a specific project related to it. Ordinance No. 2008-40 *-39 Approved 6-0 (*correction approved at the September 23, 2008 Council Meeting.) Y Public Hearing/First Readings 1. First and only reading of an emergency ordinance denying the proposed change in rates for ONCOR Electric Delivery Company -- Jim Briggs , Assistant City Manager of Utility Operations and Patricia E. Carls, City Attorney Carls explained the item and said, if passed, this will stave off the effective date of any rate increase for 45 days. She said Briggs thought this would be in the City's interest to pass this emergency ordinance so that rate increase would not automatically go into effect. Sansing asked and Carls said the City cares about Oncor's pricing because it is retail and, whenever there is a rate increase, the City's position has been to evaluate the reasons for it. She said Briggs reviewed the rate increase and questioned whether the costs are appropriate. Carls read the entire Ordinance on the first and only reading. Motion Sansing, second by Berryman to approve Ordinance 2008-40 on first and only reading. Approved 6-0 2. First Reading of an Ordinance Amending and Correcting Section 6.50.040(A)(12) of the Code of Ordinances Pertaining to the Regulation of Itinerant Merchants -- Paul E. Brandenburg, City Manager and Tom Yantis, Assistant City Manager Yantis explained the item and spoke about the history of the Itinerant Merchants Ordinance. He said the ordinance is meant to decrease the area in which itinerant merchants can operate. He noted some areas were given a sunset provision where they could continue to use those areas for a certain amount of time. He said the new version would extend the sunset provision until the end of the calendar year and, after December 31 st, the merchants are only allowed in the C-3 and Industrial Zoning Districts. Yantis 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. Berryman said she would like the City to purchase the land at the corner of IH35 and Williams Drive. Brandenburg said money is included in the budget for the potential purchase of that property. Vote on the motion: Approved 6-0 3. First Reading of an Ordinance adding a new Chapter 9.13 to the Code of Ordinances relating to "Juvenile Curfew" -- Paul E. Brandenburg, City Manager and Patricia E. Carls, City Attorney Brandenburg explained the item and said the ordinance was introduced by Berryman and Council received public comment at that time. He said, at that time, staff identified elements that needed be included in the potential ordinance and brought in ideas from the curfew ordinances of neighboring communities. He noted neighboring communities also included daytime curfew hours related to school truancy. He said he raised that issue with the superintendent of GISD and she is in full support of it. He noted staff incorporated all of the exemptions that were included in the original proposal. He said, between the first and second readings, he would like to meet with a municipal court judge to make sure he is comfortable with the language in the ordinance. He said he has not heard any negative comments from anyone. Brandenburg read only the caption of the ordinance after having satisfied the requirements of the City Charter. He referred to parks hours and said he would like to take up that issue with a separate ordinance and that ordinance will be presented to Council at the next meeting. City Council Meeting Minutes/July 22, 2008 Page 9 of 10 Pages Speaker, Suzanne Tull -Stroup, said she is a mother and grandmother anu"supports this Ordinance 110%. She said, with the City getting bigger, she commends the Council for addressing a youth curfew. She said it gives the police some recourse over children that roam the streets at all hours of the night. She said it will provide law enforcement with a better tool to work with. Speaker, BeBe Johnson, said she works for LifeSteps and is the program director Williamson County Coalition on Underage Drinking. She said they are very much in support of the curfew ordinance, but she thinks the defense of running an errand for a parent has too much wiggle room. She added she thinks this would be very hard to enforce. Berryman agreed with the Tull -Stroup and said that defense is a way for a parent not to deal with a fine. She noted it has way too much wiggle room. Motion by Ross, second by Berryman to approve the ordinance on first reading. Berryman made a friendly amendment to remove Section 9.13.030 Section A, Item 2. Brandenburg exlained the rationale behind putting that exception in the Ordinance. Ross said the kids would have to convince the police officers they are actually running an errand for the parents. Stofle said, in all of the other Cities, running an errand is considered a defense to prosecution. Eason asked and Stofle confirmed that curfew citations would be a part of the annual profiling reports. Brainard commended Berryman and said the curfew hours seem to be a day off in the Ordinance. He said staff may want to look over this. Vote on Motion and friendly amendment: Approved 6-0 4. Public Hearing for the voluntary annexation into the City for 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 Polasek explained the item and described the public hearing schedule for a voluntary annexation. He said this is the second public hearing on the annexation and the Ordinance reading will come to Council at the August 12th meeting. He noted this annexation will include the greater portion of the Georgetown High School football stadium. Public Hearing was opened at 9:20pm No persons were present to speak. Public Hearing was closed at 9:20pm Z Appointments 1. Consideration and possible action to approve the appointment of Councilmember Keith Brainard to replace Councilmember Pat Berryman on the Social Service and Children's and Youth Progam Funding Subcommittee -- Mayor George Garver Mayor explained the item and said Berryman asked to be excused from her place on the committee. Motion by Sansing, second by Berryman to approve the appointment. Approved 6-0 2. Consideration and possible action to re -appoint Councilmember Pat Berryman to the CAPCOG General Assembly to represent the City of Georgetown -- Mayor George Garver Mayor explained the item and said Berryman has served on CAPCOG in the past and is willing to continue to serve. Motion by Sansing, second by Ross to approve the appointment. Approved 6-0 AA Consideration and possible action to approve a letter request to Chair Deirdre Delisi of the Texas Transportation Commission regarding support for a cooperative effort with Williamson County to construct necessary roads on the east side of IH35 near the Inner Loop -- Mayor George Garver Mayor explained the item and described the reasoning behind drafting this letter. He said this is in regard to the Leander entrance to 1-35. He noted a letter from both the City and the County would be a stimulus to move these improvements along. He said this project will be funded in its entirety by the County. Motion by Sansing, second by Ross to approve the letter. Approved 6-0 The meeting was adjourned at 09:25 PM. City Council Meeting Minutes/July 22, 2008 Page 10 of 10 Pages V