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
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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
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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
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