Loading...
HomeMy WebLinkAboutMIN 03.11.2008 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present: CouncilAbsent: Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council present Sattler, Pat Berryman, Farley Snell, Ben Oliver .......... ...... _ ......... Staff Present. Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Elizabeth Cook, Interim Director of Planning; Randy Morrow, Director of Community Services; Glenn Dishong, Water Services Director; Jennifer Bills, Housing Coordinator; Cathy Leloux, Court Administrator; Terry Jones, Support Services Construction Manager; Mark Thomas, Economic Development Director; Tommy Garcia, Planner I; Todd Terbush, Police Lieutenant; Keith Hutchinson, Public Information Officer; Kevin Russell, Human Resources Director, Jordan Maddox, Planner 11; Carla Benton, Planner 11; Valerie Kreger, Planner li Special Session = To begin at 5:00 p.m. A Reception in the Council Chamber Lobby for outgoing and reappointed members of the City Council -appointed Boards and Commissions -- Sandra D. Lee, City Secretary Executive Session 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. B 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 - Consideration and possible action regarding settlement agreement and release with C. Ross - Texas Indigenous Council, et al. v. City of Georgetown , et al., Cause No. A08 -CV -062 LY, in the United States District Court for the Western District of Texas C Sec 551.072: Deliberations about Real Property - Consideration and possible action concerning the acquisition of a 0.368 -acre utility easement from Celebration Church for public utility improvements in connection with the development of TeraVista. -- Terri Glasby Calhoun, Paralegal, GUS, and Patricia E. Carls, City Attorney - Consideration and possible action to deliberate the purchase of real property for city facilities D Sec, 551.087: Deliberation Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive tj City Council Meeting Minutes/March X, 2008 Page 1 of 7 Pages to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations. Regular Session ® To begin no earlier than 06:00 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.) E Call to Order The meeting was called to order at 6:03 p.m. Pledge of -. Mayor Nelon led the Pledge. G Comments from the dais Mayor Nelon welcomed the audience and recognized the outgoing and reappointed members of the City Council -appointed boards and commissions. He gave a brief outline of the meeting procedures. H Announcements and Comments from City Manager Brandenburg made the following announcements: The City will hold elections for City Council seats for Mayor and Districts 2, and 6 on May 10, 2008. Please refer to the City's website at www.georgetown.orq for voting locations and details regarding early voting. Councilmember Patty Eason, the City's representative on the Austin -San Antonio Rail District Board of Directors, was recently appointed to its Executive Committee, Program Management Oversight Committee and Finance Committee. Have you every wondered how potholes are repaired, how the fire and police departments are able to respond so quickly to emergencies, how the City of Georgetown prepares its budget or decides where to build a new road, a park, or a new fire station? One way to find out is to participate in the City of Georgetown's Citizen Academy. The mission of the Georgetown Citizen Academy is to provide the citizens of Georgetown the opportunity to receive an in depth education about the services and operations provided by the City of Georgetown. The City is now taking applications for the Georgetown Citizen Academy. For more information, please go to our website at www.georgetown.orq or contact Shirley Rinn at 930-3723. The deadline for submitting applications for the Academy is March 21, 2008. The Relay for Life of Georgetown will be held on April 19" and 20ffi from 7:00 p.m. to 7:00 a.m. at Forbes Middle School. In preparation for this event, March 13, 2008 is has been designated "Paint the Town Purple" day, and every person and business is being asked to promote the official color for the Relay for Life by wearing Purple, displaying Purple, selling Purple, and thinking Purple to raise awareness for cancer and the American Cancer Society. The American Cancer Society representatives and volunteers will be going throughout Georgetown on March 13� with information on cancer and promoting the Relay for Life. More information can be found at www.events.cancer.org/rfigeorgetowntx. Events for the 23" annual Texas Hill Country Wine & Food Festival will take place beginning April 10"' at several venues in Central Texas and culminate with its highlight event, the Sunday Fair, here in Georgetown at San Gabriel Park on April 13, 2008. Come and enjoy a fun filled event, relax, and experience a lovely spring afternoon of fine wine and food, live music, lively conversation, and culinary seminars. Tickets for Sunday Fair are $45. Ticket information can be located online at the Texas Hill Country Wine & Food Festival website at www.texaswineandfood.org. For more information about the Festival, please visit our website at www.visitcgeorctetown.ora or contact the Visitors Center at 930-3545. Action from Executive Session Motion by Sansing, second by Eason that the City Council authorize its attorney, Kent Sick, to accept the settlement offer from Celebration Church for acquisition of a 0.368 acre water line easement as discussed in executive session last night, and to take further actions as necessary to finalize acquisition of the easement. Approved 7-0. Motion by Sansing, second by Eason that the City Council authorize the City Manager to execute the "Compromise Settlement Agreement and Release" with Charles Ross as discussed in executive session last ti City Council Meeting Minutes/March X 2008 Page 2 of 7 Pages night. Approved 7-0. On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subiect not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. J Gene Davenport, Executive Director of the Georgetown Project, regarding "A Snapshot of Youth and Children in Georgetown" and invitation to the forum Davenport noted it, indeed, "takes a village to raise a child," using an old African proverb. He said it is necessary for the entire community to contribute to resolving problems regarding children. He invited the Council to attend a community forum on April 16, to study children who are homeless in Georgetown. K Keith Gaines regarding neighborhood problems Gaines did not attend the meeting. Mayor Nelon recognized Boy Scout Neal Sansing in the audience. 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, L Consideration and possible action to approve the minutes of the Council Workshop held on Monday, February 25 and Council Meeting held on Tuesday, February 26, 2008 -- Sandra D. Lee, City Secretary M Consideration and possible direction to staff regarding the 2008 Call by Williamson County for Community Development Block Grant applications — Jennifer C. Bills, Housing Coordinator and Tom Yantis, Assistant City Manager (pulled by Brainard) Motion by Eason, second by Oliver to approve the consent agenda with the exception of Item M, pulled to the regular agenda. Approved 7-0. Council will individually consider and possibly take action on any or all of the following items: M Consideration and possible direction to staff regarding the 2008 Call by Williamson County for Community Development Block Grant applications — Jennifer C. Bills, Housing Coordinator and Tom Yantis, Assistant City Manager (pulled to the Regular Agenda by Brainard) Brainard confirmed with Bilis that the City of Georgetown is focusing on infrastructure improvement. He asked if some of the grant could be requested for social services funding. Brandenburg asked for a motion regarding a specific program or dollar amount. Motion by Brainard, second by Oliver to explore the possibilities to supplement the City General Fund through CDBG money, adding social services. Bilis said the application is due March 27, so she will come back to the next meeting for approval from the Council. Bills noted that Georgetown qualified for $250,000 and the Housing Authority also received $50,000. Brandenburg said the County has typically graded highly those applications for infrastructure. Vote on the motion: Approved 7-0. N Consideration and possible action to approve the purchase of advertising for personnel services in the Austin American Statesman up to an estimated annual amount of $60,000, which would include a dollar volume discount for a guaranteed agreement to purchase at least $25,000 worth of advertising in the calendar year — Kevin Russell, Director of Human Resources and Civil Services Russell explained the item, saying he comes to Council each year to ask for funds for advertising in the Statesman, and any time it is projected to exceed $25,000, it has to be approved by Council. He said this year the Statesman will give the City a dollar volume discount for the guaranteed agreement, and he estimated saving I City Council Meeting Minutes/March 2008 Page 3 of 7 Pages a little over $11,000 over the year. He said if the City spends more than $25,000, the Statesman will credit an additional 25% on top of the original 25% in credit for use in the subsequent year. Brainard said he is skeptical of using newspaper ads for employment and asked if any kind of survey has been done to determine if the response is coming from the ads. Russell said they are now beginning to inquire of prospective employees where they heard about the position being open, and they are now using online sites and professional websites as well as the City of Georgetown website. Brainard *Russell confirmed there is a budget line item for recruitment, including all types of position advertising. Motion by Sansing, second by Berryman to approve the purchase. Approved 6-1. (Brainard opposed) (*As corrected by Keith Brainard at the 3-25-2008 Council meeting. ) O Consideration and possible action to approve the bid for the renovations of River Ridge pool to B & O Construction in the amount of $148,699 -- Terry Jones, Support Services Construction Manager and Randy Morrow, Director of Community Services Jones explained the item, saying the wood deck and supporting structure, fence and other maintenance items need to be renovated. Motion by Snell, second by Berryman to approve the bid. Approved 7-0, P Considertion and possible action with respect to a resolution directing the publication of the Notice of Intention to Issue City of Georgetown, Texas combination tax and revenue certificates of obligation, Series 2008 -- Micki Rundell, Director of Finance and Administration Rundell listed the items included. Sansing noted this amount is $1.5 million, which is over the amount previously approved. Sattler asked and Rundell explained that $750,000 will be repaid by the stormwater drainage fund. Rundell explained the debt funding strategy. Motion by Snell, second by Berryman to approve the publication of a Notice of Intention to issue combination tax and revenue certificates of obligation. Brainard asked to remove the early warning sirens. Nelon said that had been a close vote with a lot of discussion and debate and would have to be revisited before it could be pulled out of this funding. Carls said the amount could probably be reduced at this meeting. Nelon suggested that Brainard post an item on a future agenda to discuss it. Snell asked and Carls confirmed that if final action is taken on something, the City's policies dictate the item cannot be revisited for 90 days without suspenion of the rules, and to reconsider an item still requires a motion to reconsider. Nelon advised Brainard that he would have to post two items, one requesting the item be reconsidered and the other that the amount be changed to remove the early warning sirens. Sansing noted that Brainard could, however, do a motion to reduce the amount. Rundell cautioned that once the amount is lowered, it can never be raised. It was determined that it would be better to leave the amount as is because less could be issued, and this item is just the notice of intent to issue. Vote on the motion: Approved 7-0. Q Discussion and possible action to accelerate the timing of wastewater line improvements in the Smith Branch collection basin -- Mark Thomas, Economic Development Director; Glenn Dishong, Water Services Director; and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying there is concern about the timing of the 08/09 budget impacting some GEDCO projects, so it was requested that this project timing be accelerated. Snell asked if the City is borrowing from next year's CIP. Rundell said the City may issue bonds, or the City may pay cash for it, depending on how the financials work. She said this year's GIP has not been approved, but this project has been listed on the CIP for several years, and this will accelerate it about six months forward. Snell pointed out that the budget will actually be approved by a new council due to the upcoming election. Motion by Sansing, second by Oliver to approve the acceleration of the timing. Sattler asked and Dishong explained this does not solve all the problems with all the fines, but is the furthest downstream, and will solve the biggest problem right now. Rundell said there will be other phases to this project that will be scheduled over future years. Sattler asked and Dishong said the new Master Plan is being formulated and ready in three of four months. Vote on the motion: Approved 7-0. Mayor Nelon recused himself before the next item. Mayor Pro Tem Gabe Sansing conducted the next item. R Consideration and possible action on an Amendment to the Development Agreement for Somerset Hills, located on the future extension of Ronald Reagan Blvd near CR 245 -- Tom Yantis, Assistant City Manager and Jordan Maddox, Planner 11 Yantis explained the item and said this item and the next item are related by the wastewater treatment plant, and a lot of study has gone into the negotiations on these development agreements to make sure this is the appropriate level of development in this part of the community. He said there is a shift in the mixed-use town II City Council Meeting Minutes/March 24 2008 Page 4 of 7 Pages center component and the agreement ensures that all of the right utiities are in place. Yantis explained the changes in the amendment and noted that he provided on the dais a revised amendment. Motion by Snell, second by Oliver to approve the amendment. Berryman asked and developer, Gary Newman, spoke about the proposed pocket parks. Sansing asked and Yantis confirmed that the majority of the utilities will be from Georgtown, but a portion will be from Chisholm Trail and Pedernales Electric; with all wastewater provided by the City. He said there were negotiations about the timing of the wastewater plant, saying it was phased and timed according to when it will be needed. Newman said the development agreement notes that the plant will be "triggered" at 8,000 units, at which time the City will be obligated to begin the design, and at 8500 units, to decide whether to design/build. He said he expects the development to build out at a rate of about 1000 units per year. Briggs explained the previous agreement with Chisholm Trail. Vote on the motion: Approved 7-0. Mayor Nelon returned to the dais. S Second Readings 1. Consideration and Possible Action on a Development Agreement and Second Reading of an Ordinance for a Century Plan Amendment to change the intensity Level from Level 1 to Levels 2, 3, 4 and 5; and to change the Future Land Use from Residential to Office/Retail/Commercial, Residential and Multi -Family for 590.7 acres in the B. Eaves and the L.S. Walters Surveys, located near SH -195 and the future extension of Ronald Reagan Blvd -- Jordan Maddox, Planner 11, and Elizabeth Cook, Interim Director of Planning and Development Maddox explained this item is related to the previous item. He read only the caption of the ordinance on second reading. He said this was filed before the 2030 Plan was adopted, and the first reading was done in March 2007; but the second reading was postponed in order to complete the development agreement, which was delayed again in September of last year, and won't make a change in the now adopted 2030 Plan, but as a condition of the development agreement, it is being brought forward here to complete the development agreement. Sattler asked about the people who had objections. He said he called the people and none of them said they had been contacted by the City. He said they had very serious concerns and yet the cover sheet says staff has spoken with the people who had concerns. Maddox said several of the people who submitted comment cards went to the Planning Office, and attended the public hearings at the Planning and Zoning Meeting and at the Council Meeting. He said many of them didn't understand the intensity levels, and he believes a lot of the concerns were addressed by the developer. Sattler named four residents who said they had not been contacted. Maddox said it has been a year and he doesn't remember them by name but he remembers speaking with six or seven of them at the office and several more in the hearings. Motion by Berryman, second by Brainard to approve the development agreement and Ordinance 2008-09, Approved 6-1. (Sattler opposed) 2. Second Reading of an Ordinance for a Rezoning from AG, Agricultural, RS, Residential Single Family, C-1, Local Commercial, and C-3, General Commercial Districts to (PUD) Planned Unit Development District with a base zoning district of C-1, Local Commercial for 18.17 acres in the Porter Survey to be known as Two Rivers, located at 103 North Austin Avenue -- Carla Benton, Planner II and Elizabeth Cook, Interim Director of Planning and Development Benton explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2008-10. Approved 7-0. 3. Second Reading of an Ordinance for a Rezoning from RS, Residential Single -Family District to OF, Office District, for 0.32 acres described as Crestview Addition, Block 2, Lot 1 (s/pt), located at 1601 Oak Lane -- Valerie Kreger, Planner 111 and Elizabeth Cook, Interim Director of Planning and Development Kreger explained the item, giving a brief history of the rewording of the ordinance from first reading to accomodate the Planning and Zoning and Council recommendations. She read only the caption of the ordinance on second reading. Speaker, R. J. Tingley, showed a slide presentation to demonstrate the special circumstances involving the telephone and utility lines at the property line. He said he would like to come back with a joint agreement between the neighbors and the City for the abandoned public right of way. He said he thinks there is a chance to provide buffering for the neighborhood and access to his site. He said he has met with Don Jansen regarding an emergency vehicle turn around, and said he is eager to work with the City to construct a cul-de-sac. He said it is part of the Rivery development, and he's working with Extraco Bank across the street, saying this property will look out onto the new convention center. Oliver asked and Tingley clarified that he would prefer that Council put no further restrictions on the property. t City Council Meeting Minutes/March, 2008 Page 5 of 7 Pages Motion by Snell, second by Berryman to approve Ordinance 2008-11. Approved 7-0. 4. Second Reading of an Ordinance creating Section 11.06 ("Conservation Subdivisions") in the Unified Development Code -- Jordan Maddox, Planner II and Elizabeth Cook, Interim Director of Planning and Development Maddox read only the caption of the ordinance on second reading. He asked if there were questions. Motion by Berryman, second by Oliver to approve Ordinance 200842. Approved 7-0, 5. Second Reading of an Ordinance to amend the Unified Development Code (UDC) Section 16.05 to revise the definition of "Sign" -- Elizabeth Cook, Interim Director of Planning and Development Cook read only the caption of the ordinance on second reading. She distributed and displayed illustrations for options of the percentages that might be allowed. She displayed 10%, 20%, and 30% color on a building before the sign is included. Motion by Sansing, second by Berryman to approve Ordinance 200843. Approved 7-0. Berryman thanked Chris Damon for bringing attention to this issue. Cook thanked Dave Hall for the illustrations. 6. Second Reading of an Ordinance to amend the Unified Development Code (UDC) Sections 5.03.030, 6.02.010, 7.03.040.8.1, 8.08.030.A.1 19.03.010.A.1, and 16.04 and to create Sections 6.05, 7.03.010.6., 12.02.010.C, and 12.03.020 to develop standards and a definition for residential housing diversity subdivisions -- Elizabeth Cook, Interim Director of Planning and Development Cook read only the caption of the ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2008-14. Snell asked Cook to reprint the ordinance with his suggestions in blue. He asked for an option for attainable housing and additional incentives connected with that. Motion by Snell, second by Sansing to amend as indicated in blue on the handout he provided on the dais. Nelon confirmed this is a layer that adds to the diversity that was discussed at the first reading. Snell said this is clearly optional, and if a develper is doing a diversity subdivision and would also choose to include attainable housing, there would be additional incentives available. Snell said this is addressed to the people that are at the 80% median income ($50,000), about a $140,000 house. Sattler asked about the $140,000 going to $200,000, and Snell said after seven years, it all goes away; and during the seven years, the seller must sell it to someone who qualifies under the same 80%, and if not, pay back to the City the amount of the waivers that were awarded to that particular house. There was further discussion. Berryman asked about renting the house. Cook responded that there are no additional levels of control unless there were homeowner association restrictions. Berryman said she will vote against this because it will be attractive for someone to purchase as rental property. There was further discussion regarding how to "police" renters. Vote on the motion to amend. Approved 6-1. (Berryman opposed) Motion by Snell, second by Oliver to add wording requiring a payment rather than a refund to the City Vote on the original motion as twice amended: Ordinance 2008-14 Approved 6-1. (Berryman opposed) 7. Second Reading of an Ordinance for a Rezoning from AG, Agriculture District, to RS, Residential Single. Family District, for Pleasant Valley, Section 2, located west of FM 1460 and comprising Valley Oaks Loop, Brayden Cove, and portions of Sunrise Valley Lane and Georgetown View Lane -- Tommy Garcia, Planner I and Elizabeth Cook, Interim Director of Planning and Development Garcia read only the caption of the ordinance on second reading. Motion by Oliver, second by Brainard to approve Ordinance 2008-15, 8. Second Reading authorizing the reimbursement of expenses to jurors who are selected to serve on the Georgetown Municipal Court in the amount of $6.00 per day -- Cathy Leloux, Municipal Court Administrator and Mici Rundell, Director of Finance and Administration Leloux read only the caption of the ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2008-16. Approved 7-0. T Appointments Consideration and possible action to appoint the following people to the Ethics Commission: Jack Hunnicutt as Mayor's Representative; Casandra Johnson as District 1 Representative; Don Anderson as District 3 Representative; Walt Herbert as District 6 Representative; and Don Gurney as District 7 Representative -- Mayor Gary Nelon fi City Council Meeting Minutes/March,, 2008 Page 6 of 7 Pages Nelon explained the item. Motion by Snell, second by Oliver to approve the appointments. Approved 7-0. The meeting was adjourned at 07:53 PM. City Council Meeting Minutes/March tt, 2008 Page 7 of 7 Pages City Secretary Sandra rvieeung liaie �� / / / / 4s AgerlItem No. STATE OF TEXAS ) COUNTY OF WII.LIAMSON ) I, ( ;lt Z . /�10A reside at /fir r� a I am a memberof the r� `r' / / r L-�111 (City t7ouncil or name of City board, committee or commission)of the City of Georgetown, and I hereby make this affidavit and on my oath state the following: "I, and/or a person or business entity whose interest is imputed to me under Chapter 17I of the Local Government Code and/or Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. "I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable). A. "Substantial Interest" I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity. I or a person related to me in the first or second degree have an ownership of $15,000 or more of the fair market value of the business entity. • • • • tomethe firstr • r • a i d. i �11111*V111%11 If U4 4) VATS 011 VILYWI III I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. B. "Economic Interest, I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. C. "Other" For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason) f / /Zi 7;EY4S jl'- l- gl q 5 191Q 4xv c 7-5 lvvl& "Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation, discussion and voting involving the matter identified in the above -referenced agenda, item whatsoever. Further, Affiant sayeth not." Affiants Printed r J. BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN TO AND SUBSCRIBED before me on this ryday of SMDRA D. LEE My COMMISSION EXPIRES January 3, 2010 200 Notary Public in and for the State of Texas County of Williamson i !t' Y.. • :• • •... �.. Conflict of Interest Affidavit Rev. 8/25/2004