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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