HomeMy WebLinkAboutMIN 11.27.2007 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:
Patty Eason, Gabe Sansing, Keith Brainard, Bill
Sattler, Pat Berryman, Farley Snell, Ben Oliver
Council Absento
All Council Present
____. ........
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; Randy Morrow, Director of Community Services; Bobby
Ray, Planning and Development Director; Rod Moore, Information Services; Erin Kersey, Webmaster;
Kimberly Garrett, Parks and Recreation Director; Ed Polasek, Principal Planner; Elizabeth Cook,
Principal Planner; Marsha Iwers, Purchasing Manager; Leticia Zavala, Controller; Rachel Osgood,
Environmental Services; Terry Jones, Support Services Construction Manager; Keith Hutchinson, Public
Information Officer; Valerie Kreger, Planner II; Carla Benton, Planner 11; Joe Lara, Chief Financial
Analyst; David Munk, Development Engineer; Walter Koopman, Wireless System Manager; Paul Elkins,
Operations Manager; Tom Benz, Systems Engineering Manager
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
- Discussion and possible action concerning legal issues related to the MUD Consent Agreement, the Utility Agreement, and
the Development Agreement between the City and Laredo W.O. Ltd. (f/k/a ABG)
- Discussion and possible action concerning legal issues related to the MUD Consent Agreement, the Utility Agreement, and
the Development Agreement between the City and the Oaks at San Gabriel, LLC (f/k/a Rothell)
- Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and
Necessity (Application No. 35375-C) (SOAR Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810-UCR)
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.)
B Call to Order
The meeting was called to order by Mayor Nelon at 6:01 p.m.
D Comments from the dais
- Proclamation for Chronic Obstructive Pulmonary Disease Awareness Week (Lina Zapata)
Mayor Nelon read the proclamation and presented it to Laura Chapman of the American Lung Association.
City Council Meeting Minutes/R 4472007
Page 1 of 11 Pages
- Presentation of the georgt inparks.org Website Award
Webmaster, Erin Kersey, displayed the website.
E Public Wishing to Address Council
There were no persons wishing to address Council at this time.
F Announcements and Comments from City Manager
The Annual Christmas Stroll will take place on Saturday, December 1s` on Georgetown's Historic Square and
will include a children's area, pictures with Santa, a hometown holiday parade, live entertainment, a festive food
court and more than 75 arts and crafts booths. There will also be free horse-drawn carriage rides throughout the
day. Admission is Free. The Stroll will take place from 10 a.m. until 6 p.m. The parade begins at 11:00 a.m. For
more information please visit Downtown Georgetown Association online at
www.downtowngeorgetownassociation.org or visit the Georgetown Convention and Visitors' Bureau website at
www.visitgeorgetown.com.
The City of
Georgetown is accepting
applications for
vacant or expiring
terms on
its Boards
& Commissions.
Information
and applications can be
obtained on the
City's Website at
www.georgetown.oM
or at City Hall which
is located at 113 E. 8"' Street, at the Public Library, and at other City Offices. The Deadline for filing applications
is January 11, 2008.
G Action from Executive Session
There was no action from 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.
H Consideration and possible action
to approve
the minutes of the City Council Workshop
on Monday, November
12 and the City Council Meeting on Tuesday,
November 13, 2007 -- Sandra D. Lee, City
Secretary
Snell asked for a correction in the second paragraph on Page 5 of the minutes of Tuesday, November 13, 20077
changing the word "city" to "developer" in a motion to amend the original motion for Item S.
Consideration and possible action to approve a resolution revising the current City of Georgetown Investment
Policy -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration
(pulled by Brainard to the Regular Agenda)
J Consideration and possible acceptance of the City's Quarterly Financial Report, which includes the
Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC),
and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended September 30, 2007
-- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration
K Consideration and possible action on award of the annual bid for oil change services to Mac Haik of
Georgetown, Texas in the estimated amount of $27,356.00 -- Marsha Iwers, Purchasing Manager and Micki
Rundell, Director of Finance and Administration
L Consideration and possible action on a Preliminary Plat for 12.410 acres in the Antonio Flores Survey to be
known as Bastian Woods (formally known as Katy Crossing, Section 7), located on FM 971 PP -2007-01 --
Elizabeth Cook, Principal Planner and Bobby Ray, AICP, Director of Planning and Development
Snell commended Developer, John Gavurnik.
M Consideration and possible action on a Public Review Final Plat of The Villas at Cimarron Hills, Planned Unit
Development, being 3.683 acres in the A.H. Porter Survey, located on Cimarron Hills Trail West -- Carla Benton,
Planner II and Bobby Ray, AICP, Director of Planning and Development
N Consideration and possible action to enter into a Professional Services Agreement with HDR Engineering,
Inc. for services related to Water and Wastewater Impact Fee Update at a cost of $29,000.00 -- Glenn
Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations
O Consideration and possible action to hire Austin Wood Recycling for contractual brush grinding services not
to exceed $20,410.00 -- Rachel Osgood, Environmental Services Coordinator and Jim Briggs, Assistant City
Manager for Utility Operations
City Council Meeting MinuteslQeee i e 112007
Page 2 of 11 Pages
Snell asked Briggs about cl ing for the disposal of oil. Briggs said there w a a workshop to discuss the
fund. Brainard asked and Briggs responded that the citizens can bring brush at no cost and there are safety
issues about allowing the brush to remain without grinding. He said there will be a double -grind of the brush
that will be made available at the Collection Station to the citizens at no cost. Brainard asked why the contract
is being done again so soon after a contract was approved in June. Briggs said there is high volume and the
grinding service will probably be needed twice a year. Eason pointed out that there was a lot of brush and tree
limbs from the recent flood. Briggs said they need more citizens to come out and take the mulch. He said there
is an $8 charge for loading into trucks.
P Consideration and possible action to open each Council Meeting with a word of prayer by the Mayor or his
designee -- Pat Berryman, Councilmember District 5
(pulled by Snell)
Motion
by Eason,
second
by Oliver
to approve the Consent
Agenda with the correction to the minutes of November
13,
and
with
Items
I and
P
pulled
to
the
Regular
Agenda
for
individual
consideration.
Approved
7-0.
Council will individually consider and possibly take action on any or all of the following items:
Consideration and possible action to approve a resolution revising the current City of Georgetown Investment
Policy -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration (pulled by
Brainard)
Zavala presented the item. Motion by Brainard, second by Berryman to revise Section 4.4, Length of
Investments, as follows: Maturities exceeding 24 36 months will require authorization by the City Manager, with
no single maturity greater than 36 60 months. Approved 7-0.
P Consideration and possible action to open each Council Meeting with a word of prayer by the Mayor or his
designee -- Pat Berryman, Councilmember District 5
(pulled by Snell)
Berryman said she is asking the Council to consider offering an invocation before the Council Meeting begins.
Motion by Berryman, second by Brainard to have an invocation that solemnizes the proceedings for the benefit
of the Council; that the invocation opportunities should not be exploited to proselytize or advance anyone or to
disparage any other faith or belief; that Councilmembers shall not pre-screen the content of a particular prayer;
that the Councilmembers should not promote or endorse the religious beliefs held by any speaker; that there
shall be a neutral system for selecting religious organizations from the community that will receive invitations to
provide invocations; that there shall be no exclusionary policy; that no speaker shall be excluded based solely
upon the content of religious beliefs; that the purpose of the prayer shall not be to convert others to a particular
faith or to discourage any faith or belief different from their own; and that no person attending the Council
Meeting is required to participate in the invocation. Berryman said the communtiy standard is not being met by
Georgetown City Council. She noted that an invocation is said before the council meetings of the Cities of
Taylor, Round Rock, Hutto, Cedar Park, Leander, and Liberty Hill, as well as at the Williamson County
Commissioners Court. She said the service organizations of Georgetown open with a word of prayer, saying it is
more the policy than the exception to the rule.
Speaker, Kirk Kreigel, Executive Pastor of First Baptist Church, spoke to Council in support of prayer, saying it is
the common practise of the community. He said he has had the opportunity to pray for the Texas Senate, the
Texas House of Representatives, and the Williamson County Commissioners Court. He asked Council to
approve and told them regardless of their vote, he would pray for them.
Speaker,
Albert
Orrell, retired pastor who
serves at
Celebration Church, encouraged Council to pray and evoke
the Lord's help.
He told Council not to be
afraid to
pray.
Snell said in the face of common community practice and longstanding prayer in Congress, he would still
encourage Council not to take this action. He said he has been an ordained minister for 50 years, and said he
thinks this is a bad idea because there are many people, and he counts himself as one of them, that are very
uneasy any time religion and government become commingled. He said the reason for this is that government
often misuses religion, and religion often misuses government. He said it is not a good mixture. He said he has
learned that the stating of a prayer brings a level of discomfort and unease, even unwelcomeness, and even
repulsion of the people that are in the presence of this practice. He said he has been reading the prayers of the
U.S. Senate, and he is offended by the content of those prayers. He said he pictures a situation of someone
coming to the City Council Meeting who is not religious and feels they are in an "alien" place because of that
action. He said he has always thought that if he has to err on the side of what makes most people comfortable
or on the side of a few people who are uncomfortable, he will err on the side that makes people comfortable. He
said this has nothing to do with church and state, he plans to vote against it.
Eason said she also would
pp vote against this motion
€:i t#YaSz G E
City Council Meeting Minutes/Gee, 2007
Page 3 of 11 Pages
She said she was raised that her faith is a private thing.
She said every time she
is k
7e
dais,
she is praying, privately. She said if t.
goes forward, she will recuse
herself from the activity.
She
said
she
does not believe in grandstanding one's
beliefs.
Oliver said he will also vote against this, and said he believes that prayer is a private matter, and making one's
decisions in relation to prayer, one is guided by the "conversation" with God on a one-on-one basis. He said he
has found that on too many occasions public prayers trivialize his belief by what is said and how it is said. He
said he thinks it is impossible to set up a system that does not proselytize, or does not prescreen. He said for
the sake of one's religious conscience, he believes that prayer is an appropriate action, but it is a private action.
Sansing asked at what point the prayer would occur. Berryman said she spoke with City of Round Rock, and
they said it is done prior to the meeting. Sansing said he thinks as a country, "we" have taken God out "too far."
He said he would agree to this item if this is done in advance of the start of the meeting out of respect for the
feelings of others. Berryman agreed that it would be separate from the posted agenda. Nelon clarified that it is
completely voluntary for any councilmember that wants to attend.
Snell said he understands that distinction, but he said he still has the uneasiness that the people gathered for
the Council Meeting are there for the issue of government, and something has been inserted that is offensive.
Oliver said
this is
really difficult, and he feels if this
is truly not going
to be a
Council
activity, it shouldn't even be
discussed
at this
Council Meeting. Council should
get together and
decide
whether
to do this.
Berryman said there is precedence, practice, and example, and it is accepted practice in this County. She said
anyone that has been in a government function, even on a federal level, has encountered a simple prayer
before the meeting, including service meetings. She said the common practice of what the community standard
calls for is what she wants to address for Georgetown.
Nelon said he would like to keep this above any personal level and asked Council to vote as their conscience
dictates.
Brainard said public prayer is a part of our culture, and remains a part of every other ' ' ' level of
government including congress, the state legislature, the County, and other cities in Williamson County. s . He
said a prayer was said at the induction of Jake Schrum as President of Southwestern University. (*as corrected
by Brainard at the Council Meeting on December 11, 2007)
Eason clarified that Jake Schrum and Southwestern are associated with the Methodist Church, and
Southwestern is a private school. Snell said nearly one-third of the faculty at Southwestern is now Jewish, and
the prayer at that event was strongly Christian and insensitive to the Jewish religion.
Vote on the Motion: 4-3. (Eason, Oliver, and Snell opposed)
Q Consideration and possible action on terminating the
lease
with San
Gabriel
Batting Cages, Inc and
purchasing improvements in the amount of $15,000 --
Randy
Morrow,
Director
of Community Services
Morrow noted they want to use $15,000 to purchse the batting cages. He said the goal to get the young kids
skateboarding. He said this facility would be a lot cheaper than Round Rock's $400,000 skate park. He said
the portable "stuff' will be bolted to the concrete. He said this one will be designed for younger children.
Motion by Sansing, second by Snell to approve. Berryman asked about the equipment that is still at that
location. Morrow said the machines belong to the current owner and the City will remove the large pole and
netting. Brandenburg said the issue here is the termination of the lease with Mr. Mickan. He said in the past at
a previous facility, there was damage done, but the users have to realize that this is a privilege, not a right, and
if it is vandalized or used improperly, the City will discontinue the facility. Morrow said he wants to find role
models to teach the kids how to respect the facility, and wants to purchase trophies and hold tournaments.
Brandenburg said better lighting is important and the users should take ownership of the facility. Sattler
confirmed that all of the building area will be used for the skateboard park. Vote on the motion: Approved
7-0,
R Consideration and possible action on sighting options for the San Gabriel Park Baseball Field -- Randy
Morrow, Director of Community Services
Morrow distributed additional information on the dais and explained the options. There were questions from the
Council. Motion by Eason, to approve Option 3 and thanked Morrow for bringing all the information forward.
She said this is an important resource for the community, and she appreciates the idea of increasing the fees to
help offset the improvements. There was clarification that the lower cost for the 8 -pole system at $118,310 is for
poles with the ballasts at the top of the pole; the $160,000 is for poles with the ballasts lower on the pole to
enable accessing the ballasts for maintenance and replacement. Motion by Eason, second by Oliver to
withdraw her original motion and to accept the original $160,000 option. Brainard asked and Morrow reviewed
the increase in fees from $75 to $150, along with a $20 light fee if the field is used at night. Sansing asked how
the bulbs would be changed, and thought they would need to be changed more frequently than the ballasts.
Sattler shared some research he did on the fees paid at other fields and said the Austin Metro Baseball League
City Council Meeting Minutes/@scam , 2007
Page 4 of 11 Pages
has contributed money for rovements at the Austin fields and suggested I be asked if they might be
interested in contributing in Georgetown. Nelon confirmed that the Parks Board has not considered the fee
structures, and suggested that the Parks Board also review the fee structures of the other fields. Motion by
Sattler, second by Berryman to amend to approve up to $160,000; change the fees to $150 per game plus $25
for lights; and $300 per day for weekends with $25 per hour for lights. Eason accepted only the maximum price
in Sattler's amendment and said the Parks Board needs to research the fee structure. Motion by Snell, second
by Brainard to amend the amendment to approve up to $160,000 with the recommendation that the Parks
Board submit research for fee structures and the difference in the lighting equipment. Sansing said he doesn't
understand why the City should pay the higher price when only the ballast would be lower on the pole and more
convenient and cheaper to replace and maintain. Sattler said there needs to be an appropriate revenue source.
Oliver said he would like to not set a cap on the cost but wants the Parks Board to be aggressive about the fee
structure. Sansing said he thinks there should be a per game charge and asked if the $25/hour is enough for
the lights. Vote on the amendment to the amendment: Approved 6-1. (Sansing opposed) Sansing said he
thinks the cost of $160,000 is too high, but he wants to do whatever is needed to make the facility serviceable.
Vote on the original motion as amended: Approved 6-1. (Sansing opposed) Nelon asked for details on the
differences when Morrow decides to spend the money. Sattler confirmed that the Council has authorized the
expense of up to $160,000; but Council will be allowed to make a decision on the proposed revenue.
Mayor Nelon announced that Item U and Item X-6 have been pulled from consideration on this agenda.
S Discussion and possible action to direct staff to provide a proposal to Council to add a new zoning designation
(possibly called a "Border Zone") to act as a buffer for properties in areas with no existing buffer that are
immediately adjacent to industrial, commercial or any other less desirable zoning -- Gabe Sansing,
Councilmember District 2
Sansing said this item came about in order to allow an existing home to be converted to an office. Motion by
Sansing, second by Snell to direct staff to prepare a Unified Development Code (UDC) Amendment for Table
5.01.020 to add the Office Land Use Category to the list of uses permitted in the Residential Single -Family
District as a Limited Use, and in the Limited and Special Use Standards, create the standards to describe what
properties would be eligible for Office Uses, based upon approval of a Special Use Permit, and including the
following items: limiting to existing houses immediately adjacent to existing commercial or industrial uses that
do not have a bufferyard; requiring a site plan with Special Use Permit application; limiting signage, parking,
hours of operation, etc. Snell said he would like to see this come back by the second meeting in February.
Sansing said this is a time -sensitive issue and would like for this to come back to Council in December. Snell
reviewed the schedule to accomplish this item as an amendment to the UDC. Staff member, Elizabeth Cook
suggested timing options. Snell suggested that the proposal could go straight to the Planning and Zoning
Commission and then back to Council. Oliver said he sees no reason for this to be time -sensitive, but if there is,
he would like to know about it. Sansing disclosed that there is a particular item that will go before the Planning
and Zoning Commission in December, and this was his attempt to have the Council deal with the issue
concurrently because economy is an issue; but Council is always against "spot zoning," so he is creating the
new Special Use Permit designation to be broad enough to include any other location of the same description.
Eason asked about the possibility of the house next to this one wanting to have the same special use
designation. Snell said this proposal, as worded, would "stop the ripple." Vote on the motion: 6-1. (Oliver
opposed) Motion by Berryman, second by Sansing to amend that this be taken up in an expedited manner.
Oliver said all the UDC amendments should be done in the same timeframe. Nelon confirmed that anyone with
this special criteria would benefit from this amendment. Brainard asked for more information as to why Sansing
considers this to be an emergency. Sansing said it is because of the reaction by the Planning and Zoning
Commissioners to use a different zoning, which required the applicant to reschedule before the Commission.
Vote on the motion: Approved 4-3. (Eason, Oliver and Brainard opposed)
T Discussion
and possible
direction
to staff regarding alternative revenue sharing options for the proposed
Summit at
Rivery Park
project --
Tom Yantis, Assistant City Manager
Yantis reviewed previous discussions with Council and most recently where Council directed staff to go back
and negotiate with the developer for alternative options. He said a Chapter 380 agreement could be used to
partner with the developer for certain costs for the project. He said this was done at Wolf Ranch to share a
portion of the sales tax revenue generated by the project. He said with this project, all revenue streams would
be considered. He asked for Council's approval to use this option. He displayed a chart that showed the
estimated amount of revenue that might result from The Summit at Rivery Park.
Speaker, Marlene McMichael, representing the developer, said this decision to use a 380 agreement was
proposed by staff. She asked for the option to be able to work through the numbers and come to terms with the
option.
Nelon confirmed that the prior agreement to do a Tax Increment Reinvestment Zone (TIRZ) is on the agenda
tonight. Yantis said Council could decide to go with the 380 agreement, and approve the first reading of the
TIRZ ordinance later on this agenda as well, because they could still decide at a later date to use one or the
other or a combination of the two. He said staff believes that the 380 agreement would be the best way to go to
City Council Meeting Minutes/ er. A+, 2007
Page 5 of 11 Pages
benefit the City. He said it . sn't affect the effective tax rate calculation.
There were questions from the Council. Snell said he is in favor of the 380 agreement because it doesn't
require bonding. Motion by Snell, second by Eason to research the 380 agreement. Approved 7-0.
U Consideration and possible action to approve a consent agreement for the creation of an in -city municipal
utility district (MUD), and to amend the Development Agreement and Offsite Utility Construction and
Cost Reimbursement Agreement for the Water Oak (fka ABG) subdivision -- Tom Yantis, Assistant City
Manager
This item was pulled from consideration on this agenda.
7:50 p.m. -- recessed
8:14 p.m. -- resumed
V Consideration and possible action to approve a consent agreement for the creation of a municipal utility
district (MUD), and to amend the Development Agreement and Offsite Utility Construction and Cost
Reimbursement Agreement for the Oaks at San Gabriel subdivision -- Tom Yantis, Assistant City Manager
Yantis reviewed the previous Council approvals regarding this project. He read the final list of conditions for the
MUD Agreement. He noted the City will receive a one-time fee called for in the MUD ordinance to reimburse the
City for the cost of services to the residents of the MUD and not recouped by payment of ad valorem taxes. He
said it is a one-time payment of $3.3 million, paid over time, and is a percentage of each debt issue. He said
the developer consents to annextion, but the city agrees not to annex the property until the MUD builds out and
the consent agreement expires or 90% of the infrastructure costs have been paid. Yantis reviewed the major
points of the agreement, such as: the MUD is not allowed to annex any further land without the consent of the
City; Chisholm Trail Special Utility District provides the water; the City provides wastewater, but police and fire
will not be provided by the City. He said the total amount of debt to be issued by bonds is $25,825,000, issued
in accordance with the provisions of the ordinance within 10 years of the first issuance of debt, so there is no
open-ended amount of time that the MUD can issue debt. He said changes to the Agreements clarify the
change from PID to MUD, and include an easement for a force main and language that gives an impact fee
credit back to the builders in the development for the portion of the wastewater infrastructure being paid for by
the MUD. He listed other cleanup on the Development Agreement and asked for approval by Council. He said
representatives of the developer are in the audience if Council has any questions.
Snell asked and Yantis clarified the tax rate is unlimited, but there is a total amount of debt to be issued which
will result in a maximum amount of $0.90 per year. Eason asked about the need for a fire station, and Yantis
confirmed that it would be 25 to 30 years before all the MUD debt is paid off, saying it would be a long time
before a fire station would be needed, and this development is on the western edge of the city limits and not the
best place for a fire station to be provided.
Motion by Snell, second by Berryman to approve the Consent Agreement, the Amendment to the Development
Agreement, and the Amendment to the Offsite Utility Construction and Cost Reimbursement Agreement.
Approved 7-0.
W Item forwarded from the Georgetown Transportation Enhancement Corporation (GTEC) (413):
Discussion and possible action on a contract not to exceed $65,000 with Wilbur Smith Associates for Overall
Transportation Plan modeling and technical support -- Edward G. Polasek, Principal Planner
Polasek explained the item and noted that the contract would allow the creation of the Tax Increment Financing
spread sheets for the GTEC Board. Motion by Sansing, second by Eason to approve the contract. There were
questions from the Council. Polasek said the GTEC Board unanimously approved forwarding this to the
Council. Brandenburg noted that the Georgetown Transportation Advisory Board (GTAB) and GTEC will share
in the cost. Approved 7-0.
X Items Forwarded from the Georgetown Utility Systems (GUS) Board:
1. Consideration and possible action to authorize the approval of the annual license renewal and system
support of software and hardware repair for the AMR Genesis and MVRS system between the City of
Georgetown and Itron Incorporated in the amount of $51,392.46 -- Walter Koopmann, Wireless IS Manager
and Jim Briggs, Assistant City Manager for Utility Operations
Koopman presented the item. Motion by Eason, second by Oliver to approve. Approved 7-0.
2. Consideration and possible action to amend the current contract between the City of Georgetown and
Flowers Construction Company, L.P., for electric system maintenance and construction services and
Electric System Construction Trenching and Conduit Installation in the amount of an additional
$1,000,000.00 -- Paul Elkins, Electric Operations Manager and Jim Briggs, Assistant City Manager for Utility
Operations
�sY.. t 2 r
City Council Meeting Minutes[Beeeemeber- r 4, 2007
Page 6 of 11 Pages
Elkins presented
the
item and
told Council the GUS Board has approved. There were questions from
Council.
21st
Motion
Street.
by
Brainard,
by Sansing, second
second
by Berryman to
by Eason
to approve. Approved
7-0.
3. Consideration and possible action to approve an amendment to the contract between the City of
Georgetown and Kasberg, Patrick and Associates L.L.P. for professional services relating to Main Street
Utility improvements from University to 21 st Street in the amount of $63,500.00 -- Glenn Dishong, Water
Services Director and Jim Briggs, Assistant City Manager for Utility Operations
Dishong presented
the item
and said the GUS Board has approved this
contract for street work between
University and
21st
Ragsdale,
Street.
Motion
by Sansing, second
by Berryman to
approve. Approved 7-0.
4. Consideration and possible action to reconcile the contract between the City and Brazos River Authority
(BRA) for the management, operation, and maintenance of its wastewater treatment facilities for fiscal
year 2006-2007 for $115,714.71 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City
Manager for Utility Operations
Dishong explained the item, saying due to infiltration from the excessive rain seepage last year, they treated
more wastewater than usual. Motion by Berryman, second by Eason to approve the reconciliation. Sattler
asked if this is due to problems in the pipes, and Dishong explained that some of it is flaws in the system,
some private, some public, some due to flooding of streets. He said CDR will do metering after a rain event
to assess how tight the system is, and there is ongong Edwards Aquifer Recharge Zone testing for
infiltration as required by the Texas Commission on Environmental Quality. He said that cannot be
predicted with precision. Vote on the motion: Approved 6-0. (Berryman off the dais)
5. Consideration and possible action to approve a task order for the contract between the City of Georgetown
and Baker Aicklen & Associates, Inc. for professional services related to the design of the Escalera
Elevated Storage Tank -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager
for Utility Operations
Dishong said the cost will be $161,095.00. Motion by Sansing, second by Eason to approve the task
order. Approved 7-0,
6. Consideration and possible action to proceed with the oversizing of the South Fork Interceptor Phase B
and C1, and to establish a project budget of $2,672,54.1.08 -- Glenn Dishong, Water Services Director and
Jim Briggs, Assistant City Manager for Utility Operations
This item was pulled from consideration.
7. Consideration and possible action to approve a change order to the contract between the City of
Georgetown and Austin Filters Systems, Inc. relating to Downtown Overlay District Storm Water Quality
Ponds in the amount of $71,256.58 -- Thomas R. Benz, P. E., System Engineering Manager and Jim
Briggs, Assistant City Manager for Utility Operations
Benz explained the item and the increased costs. Sattler said he was a registered professional engineer for
25 years and he knows that engineers have insurance. He said he doesn't think it's the City's responsibility
to pay for the mistakes that others make. He said he thinks it would be fair for the City to go back to the
engineer. Benz said he and Carls will explore that possibility. Motion by Sattler, second by Sansing, that
the City go back to the engineer of record, Raymond Chan and Associates, to look at the value of the
mistakes made and see if there is any claim by the City for the overcharge. Eason said she has a problem
if this would delay the project. Benz said the contractor has finished the work and the City has a final
product. Benz said the contractor needs to be paid, and Briggs confirmed that typically, if the contractor is
not paid, the City is not damaged, so a claim cannot be filed unless the contractor has been paid. Nelon
asked and Sattler and Sansing agreed that the contractor should be paid and then the City can file a claim,
if damaged. Sansing said it is sometimes difficult to get the money back and he commended Sattler for
suggesting that this be looked into. He said he thinks this happens on a regular basis. Vote on the
motion: Approved 7-0.
Y Public hearings/First Readings
1. Public Hearing and First Reading of an Ordinance designating approximately 67 acres at the northwest
corner of Rivery Blvd. and IH -35 as a tax increment reinvestment zone (TIRZ) to be known as the Rivery
Park TIRZ -- Tom Yantis, Assistant City Manager
Yantis asked that Y-1 be moved to just before Y-4.
2. First Reading of
an Ordinance amending
electric
rates to
reflect the cost of providing service -- Kathy
Ragsdale,
Utility
Office
Director
and
Micki
Rundell,
Director
of
Finance and
Administration
MoveI
,�vi�,�` 2
City Council Meeting Minutes/- ", 2007
Page 7 of 11 Pages
Ragsdale read only the
ption of the ordinance after having satisfied the
quirements of the
City Charter.
Motion
The Public Hearing was
opened at
by
Eason, second
by
Berryman
to approve
the ordinance
on
first
reading.
Approved
7-0.
3. Public Hearing and First Reading of an Ordinance to rezone from RS, Residential Single Family district to
MU -DT, Mixed Use -Downtown district for City of Georgetown, Block 39, Lot 5(pt), Lot 8(pt), located at 106
East 6th Street -- Carla Benton, Planner II and Bobby Ray, AICP, Director of Planning and Development
Benton read only the caption of the ordinance after having satisfied the requirements of the City Charter.
The Public Hearing was opened at 8:44 p.m. There were no comments. The Public Hearing was closed at
8:44 p.m. Motion by Berryman, second by Brainard to approve the ordinance on first reading. Approved
7-0.
1. Public Hearing and First Reading of an Ordinance designating approximately 67 acres at the northwest
corner of Rivery Blvd. and IH -35 as a tax increment reinvestment zone (TIRZ) to be known as the Rivery
Park TIRZ -- Tom Yantis, Assistant City Manager
Yantis noted that the
other financing options
have been
discussed previously. With a slide presentation he
explained the TIRZ.
The Public Hearing was
opened at
8:48 p.m.
Speaker, Marlene McMichael, with additional minutes provided by Mel Penland, asked Council to approve
the TIRZ. When asked by Brainard, she said she is unclear on what will be proposed by the City in the 380
agreement. When asked by Sattler, she said the park improvements would be done first, then the site, then
go vertical. There were further questions and comments from the Council. Snell expressed concern about
whether the conference center and parking garage would qualify for the TIRZ. Oliver expressed concern
that the park be positioned in such a way as to make sure it is available to the public. Yantis suggested
addressing that during the site plan phase and signage. The Public Hearing was closed at 8:58 p.m.
Yantis read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. Motion by Sansing, second by Berryman to approve the ordinance on first reading.
Approved 7-0.
4. Public Hearing and First Reading of an Ordinance rezoning from C-3, General Commercial to PUD,
Planned Unit Development District for approximately 31.935 acres out of the Nicholas Porter Survey,
Abstract Number 497; being The Rivery Park II, Block A, Lots 1-7 and The Rivery Park, Block A, Lot 2,
located on the east side of Rivery Boulevard, to be known as The Summit at Rivery Park -- Elizabeth
Cook, Principal Planner and Bobby Ray, AICP, Director of Planning and Development
Cook presented the item, and using a slide presentation, described the location of the property. She read
only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter.
The Public Hearing was opened at 9:04 p.m. There were no comments. The Public Hearing was closed at
9:04 p.m.
Motion by Snell, second by Sansing to approve the ordinance on first reading. Approved 7-0,
5. Public Hearing and First Reading of an Ordinance amending the Unified Development Code (UDC)
pertaining to the installation of Columbaria associated with Places of Worship -- Bobby Ray, AICP, Director
of Planning and Development -
Ray said Council has determined that this should be handled on an emergency basis. He explained that
columbaria are places of interment for cremated remains. He said staff feels there is no reason not to allow
this request. He said the Planning and Zoning Commission recommended approval with one modification,
the deletion of the section regarding masonry screen walls. Ray read only the caption of the ordinance on
first reading after having satisfied the requirements of the City Charter. The Public Hearing was opened at
9:07 p.m. There were no comments. The Public Hearing was closed at 9:07 p.m. Motion by Sansing,
second by Eason to approve the ordinance on first reading. Approved 7-0.
6. Public Hearing and First Reading of an Ordinance on a rezoning from AG, Agriculture district to IN,
Industrial district for approximately 15.051 acres, more particularly described as 8.951 acres out of the D.
Wright Survey, located at 3105 Airport Road, and 6.10 acres being Lots 5 and 6 of the Airport Industrial
Park, located at 116 and 111 Helmer Cove -- Valerie Kreger, Planner ill and Bobby Ray, AICP, Director of
Planning and Development
Kreger explained the item and said the Planning and Zoning Commission recommended approval. She
read only the caption of the ordinance after having satisfied the requirements of the City Charter. The
Public Hearing was opened at 9:10 p.m. There were no comments. The Public Hearing was closed at 9:10
p.m. Motion by Berryman, second by Eason to approve the ordinance on first reading. Approved 7-0.
7. Public Hearing and First Reading of an Ordinance on a rezoning from AG, Agriculture district to C-3,
City Council Meeting Minutes«o :l , 2007
Page 8 of 11 Pages
General Commercial d, ;t for approximately 30.449 acres, more partic y described as 21.102 acres
and 9.347 acres in the David Wright Survey, to be known as Buc-ee's, located on the north and south
sides of the intersection of Lakeway Drive and IH 35 -- Valerie Kreger, Planner III and Bobby Ray, AICP,
Director of Planning and Development
Kreger explained the item and said the Planning and Zoning Commission recommended approval. She
read only the caption of the ordinance after having satisfied the requirements of the City Charter, The
Public Hearing was opened at 9:12 p.m. There were no comments. The Public Hearing was closed at 9:12
p.m. Motion by Eason, second by Oliver to approve the ordinance on first reading. Sattler asked if this
would require a realignment. Kreger said it will be realigned by the County, but this would not change those
plans. Vote on the motion: Approved 7-0.
8. Public Hearing and First Reading of an Ordinance on a rezoning from OF, Office district to CN,
Neighborhood Commercial district for approximately 4.75 acres in the J. Fish Survey, located at 4819
Williams Drive -- Valerie Kreger, Planner III and Bobby Ray, AICP, Director of Planning and Development
Mayor Nelon and Mayor Pro Tem Sansing recused themselves. Motion by Oliver, second by Berryman to
nominate Snell as Mayor Pro Tem Tem. Approved 6-0.
Snell conducted this item.
Kreger explained the item, and gave a brief history of the previous attempt to rezone this property. She
noted that Council had in their packets a conceptual plan and a rendering which are still subject to site plan
approval by the staff.
She read only the caption of the ordinance after having satisfied the requirements of the City Charter. The
Public Hearing was opened at 9:17 p.m.
Speaker, Charles Carter, said he is not against the development, but is concerned about the traffic, saying
there has been one death and numerous accidents. He said the road was supposed to be widened by
August , 2007. He asked that either the lights be syncronized or a turn lane be built similar to the one at Jo
Ann Ford Elementary.
Speaker, Fred Wagner, said he is comfortable with the proposed plan but is concerned about what the
proposed future property owners might do at that location. He said his secondary concern is the traffic
issue, and described the safety precautions he takes, going out of his way, in the wrong direction to be able
to turn out of or into his subdivision.
Speaker, Roy Starnes, with additional time from Vickie Acosta, told Council four of his neighbors have been
seriously involved in serious rear -end accidents and the brother of one of his neighbors was killed
attempting to make a left turn on Williams Drive into Olde Oak Subdivision. He said no alternative access
is available for the three subdivisions in this area. He said he understands that the planned widening of
FM2338 has been delayed by the Texas Department of Transportation (TXDOT) due to a lack of funding,
and no traffic studies have been done to determine the impact of this proposed evelopment. He said until
he is assured by an independent traffic impact study that rezoning will not result in conditions more
dangerous than what already exists, and until TXDOT provides a firm commitment on a start date for the
widening and improvements to FM2338, he feels it would be irresponsible for the Council to approve this
rezoning. He said the existing zoning is adequate to allow the development of the property, but the
requested rezoning is too open-ended.
Speaker, Kathy Starnes, with additional time from Richard Gore, described the traffic generated by
retail/office development. Using the overhead projector, she displayed the wording of the City Unified
Development Code that states that uses in the OF - Office District have relatively low traffic generation and
the description of the NC - Neighborhood Commercial Zoning that says "no use that adversely affects the
health, safety, welfare or residential character of the neighborhood is allowed." She said she researched on
the Internet and found that OF - Office zoning generates increased traffic during the peak traffic hours in the
morning and the late afternoon, but retail generates traffic all day long, with heavier traffic on weekends.
She said the ice cream shops and restaurants they want to put in their development are often open seven
days a week and until 9:00 or 10:00 p.m. She said, right now, the only respite the subdivisions have from
noise is late at night, and she would hate to give that up. She asked Council to drive out to the proposed
area to see why she is concerned. She said in one year, the Georgetown Police Department recorded 79
traffic accidents in that stretch of FM2338. She requested that the rezoning be tabled until the road is
widened.
Speaker, Wally Wilson, applicant, told Council that he has lived in Georgetown for 14 years. He noted that
his partners, Roy Jones and Bill Holland, were present. He said the location would be for a second office
for his business, Remax Realty. He said he used to live on Sedro Trail for 12 years, and his partner, Roy
Jones, still lives on Sedro Trail, saying they understand the traffic problems. He said they have worked
i sa 27
City Council Meeting Minutes/DhecemberA 1, 2007
Page 9 of 11 Pages
hard to design a plan t, Nould capture the parking within the site so it €d be pedestrian friendly, and
they have met many times with City staff. He said he and his partner will take about 25% of the total site
with offices. With an overhead, he displayed other more dense commercial property near Olde Oak
Estates. He quoted the UDC regarding connectivity, and displayed a map showing streets that were
stubbed out in two of the subdivisions and a lot that would allow alternative egress out of Olde Oak Estates.
He said because these subdivisions are outside the city limits, the City has very little control. He said
TXDOT has already taken the right of way from his site through condemnation, for the widening of the road.
Roy Starnes offered rebuttal to what Wilson said about egress from Olde Oak Estates, saying the only
unimproved lot, owned by Jerry Sharpe, does not allow access for all residents of Olde Oak Estates. He
said Judge Lott gave access to Jerry Sharpe to allow him to reach his land behind Olde Oak Estates, which
would otherwise be landlocked; but the other homeowners have no right to use that lot to access anything.
Speaker, Bill Holland, said the traffic problem occurs before you get to Olde Oak and the other two
subdivisions, other than Penny Lane. He said he and Wilson and Jones are trying to mix the density to
make it more pedestrian friendly and more usable. He said the next 2500 homes built out at Sun City will
increase the traffic further, and another subdivision behind Sun City that will be occurring. He said the
zoning they are asking for is good zoning, and their client has removed the fast foods and liquor sales. He
said they are looking for enhancement of neighborhood shopping.
Speaker, Keith Neilson, said he has lived off of Penny Lane for 20 years and said the issue is definitely
traffic.
Speaker, Roy Jones, one of the owners of the property, told Council he lives on Sedro Trail, and said they
don't believe that changing the zoning will be a detriment to the traffic and certain office uses would have
very high traffic counts. He said what is happening further west is what will create the biggest traffic
concerns, but is not related to zoning.
The Public Hearing was closed at 9:50 p.m.
Kreger said staff could request a TIA during the site plan process if the project hits 2000 daily trips, but
Council can put conditions on to require a TIA to be approved at the site plan. Motion by Eason, second by
Oliver to deny the change in zoning. Berryman suggested eliminating the shoulders and putting in a turn
lane. She said office zoning would have already offered the same traffic issues, and the rest of the entire
area is zoned for commercial. She said a study needs to be done.
Brandenburg asked and Munk said a turn lane could be done by the developer on a TXDOT road, and then
when Williams Drive is widened, it would further help. Brandenburg clarified with Munk that there could be
a turning lane created on the shoulder for people turning right into Penny Lane. There were other questions
and comments from the Council. Munk explained that there may need to be a sharing of the cost from the
subdivisions and the developer.
Eason said the reason she is asking to deny the rezoning is because of the history of the property. She
said she doesn't see any underlying reason to change the zoning, and she thinks the traffic issues need to
be addressed no matter what goes on at this property.
Sattler asked how the property became zoned as OF. Carts said the RM was a "catch-all" district, so a
better category was determined to be OF. He confirmed that Williams Drive is within the City Limits, but
Sedro Trail and Penny Lane and Olde Oak Estates are not within the City Limits. He made some
suggestions regarding adjusting the signal lights. Munk said he doesn't think the City has authority to
change the signal lights on a TXDOT highway, but could try.
Motion by Brainard, second by Berryman to amend to defer until something can be worked out with the
traffic. There was further discussion. Berryman suggested a friendly amendment that there needs to be a
TIA and a meeting between the City and the State about possible improvements. She said the City and the
State don't have the money right now to do the improvements, but if Council approves the rezoning and the
development occurs, that might be a way to get some improvements made. Ray said the City cannot
require the developer to make improvements on a global scale that are not related to the project. Carls
explained that the TIA cannot be required at this stage, and that staff had suggested that Council could
require that the TIA be done at the site plan phase. Brainard and Berryman 'withdrew the amendment.
Snell pointed out that there is an original motion on the table to deny. Berryman said she would have to
vote against the motion to deny because at this point there is no solution for the residents unless there
might be a solution through the developer.
When asked by Brainard, Kreger replied that the developer could still do a similar project without the zoning
change, but without the retail uses, and the City would not be able to require the TIA.
Vote on the original motion to deny: Motion was denied 4-2. (Sattler, Snell, Berryman, and Brainard
opposed, Sansing abstained)
City Council Meeting Minutes � m er4�, 2007
Page 10 of 11 Pages
Motion by Berryman, second by Sattler to approve the zoning, that a TIA at site plan be done, and should it
show the change in traffic that is anticipated, that the developer be required to make the improvements,
include the reccomendations from the Planning and Zoning Commission prohibiting liquor sales and fast
food establishments, and a site plan be brought forward to be attached to the ordinance at second reading,
It was clarified that the City would be required to find a way to pay for the turning lane at Olde Oak. Vote
on the motion: Approved 5-1. (Eason opposed, Sansing abstained )
Motion by Berryman, second by Eason to direct city staff negotiate with TXDOT to eliminate the shoulder
and restripe to indicate a turning lane into Sedro Lane. Sattler to friendly amend to also work with TXDOT
to work on the signalization. Vote on the motion: Approved 6-0. (Sansing abstained)
Nelon and Sansing returned to the dais.
9. Public Hearing and First Reading of an Ordinance on a rezoning from AG, Agriculture district to PUD,
Planned Unit Development for approximately 54.73 acres more particularly described as 34.82 acres in the
Francis Hudson, William Addison, Joseph Robertson and J.S. Patterson Surveys and 19.91 acres in the
Joseph Robertson and the William Addison Surveys, also known as the Wheeler Tract, located at 2211
County Road 111 (Westinghouse Road) -- Valerie Kreger, Planner III and Bobby Ray, AICP, Director of
Planning and Development
Kreger explained the item, saying the Planning and Zoning Commission voted unanimously to approve with
the condition that self storage and minor auto repair uses are prohibited. She read only the caption of the
ordinance after having satisfied the requirements of the City Charter. The Public Hearing was opened at
10:22 p.m.
Speaker, Karen Wunge, representing the applicant, said they want to establish a PUD to allow for mixed
use development. She said they will eliminate the vehicle repair use, but asked that self storage be
allowed, with a specific use permit process. When asked by Berryman, she said self storage is not their
intent. The Public Hearing was closed at 10:24 p.m.
Oliver asked if there is density similar to this being proposed already present in Georgetown. He said he is
uncomfortable with this proposed development. Motion by Sattler, second by Berryman to approve to
comply with the applicant's request to allow storage. There were questions from the Council. Nelon
confirmed that there will be a site plan processed through staff. There was further discussion. Snell to
friendly amend to require that the site plan come back to Council. Carls said the site plan doesn't address
uses. Snell to friendly amend to recommend approval of the request with the condition that minor auto
repairs are prohibited and storage is permitted under special use permit. Sattler and Berryman accepted
the friendly amendment. Approved 6-1. (Oliver opposed)
Z Appointments
1. Consideration and possible action to appoint Janine Butler to the Convention and Visitors' Bureau
Board to fill a vacancy that expires in February, 2009 -- Mayor Gary Nelon
Motion by Sansing, second by Berryman to approve the appointment. Approved 7-0,
2. Consideration and possible action to appoint Kerry Russell as the City of Georgetown Representative to
the Williamson County and Cities Health District -- Mayor Gary Nelon
Motion by Sansing, second by Sattler to approve the apointment. Approved 7-0.
The meeting was adjourned at 10:35 PM.
27
City Council Meeting Minutes/ �14, 2007
Page 11 of 11 Pages
ity Secretary Sandra Lee