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HomeMy WebLinkAboutMIN 04.24.2007 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Keith Hutchinson, Public Information Officer; Shelly Hargrove, Tourism Director and Main Street Manager; Marsha Iwers, Purchasing Manager; Mark Thomas, Economic Development Director; Rebecca Rowe, Historic Planner; Jennifer Bilis, Housing Coordinator; Bobby Ray, Planning and Development Director; Ed Polasek, Principal Planner; David Munk, Development Engiener; Leticia Zavala, Controller; Mark Miller, Transportation Services Mana1 ­1ger 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 -Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - Discussion and possible action regarding Williamson County MUD No. 19, request for sewer Certificate of Convenience and Necessity (Application No. 35375-C) (SOAH Docket No. 582-07-0786; TCEQ Docket No. 2006 - 1810 - UCR) B Sec 551.072: Deliberations about Real Property - Consideration and possible action concerning the acquisition of a 0.835 acre utility easement from Clearwater Crossing Limited Partnership, LLP in connection with Project Lone Star Electric Service -- Jim Briggs, Assistant City Manager for Utility Operations, and Terri Calhoun, Paralegal - Consideration and possible action regarding acquisition of property to facilitate the realignment of Blue Ridge Drive --Paul E. Brandenburg, City Manager C Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Discussion and possible action regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; and deliberation of the offer of a financial or other incentive to a business prospect described above - Airborn 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.) City Council Meeting Minutes/ Page 1 of 6 Pages D Call to Order The meeting was called to order at 6:01 p.m. E Pledge of Allegiance The Mayor -• the Pledge. F Comments from the dais ® Welcome to Audience and Opening Comments ® Review of procedure for addressing the City Council Mayor Nelon welcomed the audience and gave a brief review of meeting procedures. ® Proclamations - Preservation Month Mayor Nelon read and presented the proclamation to Gordon Baker, Chair of the Main Street Advisory Board. Baker thanked the Mayor and invited the Council and the audience to the Red Poppy Festival. - National Tourism Week Mayor Nelon read and presented the proclamation to R. C. Lumpkin, Chair of the Convention and Visitors Bureau Lumpkin thanked the Mayor and noted that this year's sales tax revenue has increased by 32%. Mayor Nelon welcomed a boy scout in the audience. G Announcements and Comments from City Manager The City will hold elections for City Council seats for Districts 3 and 7 on May 12, 2007, for the purpose of electing a Councilmember from City Single -Member Districts 3 and 7. All registered Georgetown citizens who live in City Council Single -Member Districts 3 and 7 may vote during Early Voting, which begins on Monday, April 30, 2007. The last day to vote early is Thursday, May 8, 2007. For more information regarding times and locations for early voting, please go to our website at www.georgetown.orq or contact the City Secretary at 930-3651 for more information. The 2007 Red Poppy Festival will take place on Saturday and Sunday, April 28th -29th in Historic Downtown Georgetown. Bring your family to enjoy the weekend festivities, including a parade, an American Muscle Car Show, Arts & Crafts booths, a children's area, lots of good food, and plenty of live musical entertainment. This May is a significant one for Georgetown's historic district as the Georgetown Main Street program marks its 25th Anniversary. To recognize that milestone, a series of community events called A Sterling Celebration on May 18 —19 will honor how far we've come since 1982. H Public Wishing to Address Council As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. Action from Executive Session Motion by Smith, second by Carr that the City Manager and Director of Economic Development be authorized to present the offer of economic development incentives to Airborn as described in the April 17, 2007 memorandum from Mark Thomas and discussed by Council in Executive Session last night, and to take other actions necessary to bring the elements of the incentive package back to City Council for final review and possible approval. Approved 7-0. 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. J Consideration and possible action to approve the minutes of the Regular Council Workshop on Monday, April 9, 2007 and the Regular Council Meeting on Tuesday, April 10, 2007 -- Sandra D. Lee, City Secretary K Consideration and possible action on a Final Plat for 3.71 acres to be known as the Resubdivision of Lot D, 5RM Ranch Subdivision, Block 37 located on Richard Road. Jennifer C. Bills, Housing Coordinator and Bobby Ray, AICP, Director of Planning L Acceptance of the City's Quarterly Investment Report for the City of Georgetown, Georgetown Economic Development Corporation (GEDCO), and the Georgetown Transportation Enhancement Corporation (GTEC) for City Council Meeting Minutes/ Page 2 of 6 Pages the quarter ended March 31,1007 --Leticia Zavala, Controller and Mick! Runden; Director of Finance and Administration. M Consideration and possible action to authorize application for a Grant of $43,284.48 from the Lower Colorado River Authority Community Development Partnership Program to be used to purchase swift water rescue equipment --Clay Shelf, Assistant Fire Chief and Anthony Lincoln, Fire Chief (pulled to the Regular Agenda) N Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for the approval of an allocation of $6,000.00 in Hotel Occupancy Tax (HOT) funds to the Native Plant Society of Texas for financial assistance with the administrative costs of facilitating convention registration for the NPSOT/NPAT 2007 Joint Symposium --Shelly Hargrove, Tourism Director and Main Street Manager and Randy Morrow, Director of Community Services Motion by Sansing, second by Oliver to approve the Consent Agenda with the exception of Item M, pulled to the Regular Agenda. Approved 7-0. Council will individually consider and possibly take action on any or all of the following items: M Consideration and possible action to authorize application for a Grant of $43,284.48 from the Lower Colorado River Authority Community Development Partnership Program to be used to purchase swift water rescue equipment -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief (pulled to the Regular Agenda) Motion by Berryman, second by Carr to approve the application. Approved 7-0. O Consideration and possible action to approve a Resolution approving the Williamson County and Cities Health District Cooperative Agreement -- Paul E. Brandenburg, City Manager Brandenburg noted that the ongoing agreement with the Health District was adopted in 1992. He said the agreement does not include some other cities in the County who receive services from the Health District but do not participate in the Agreement. He said the Health District is still attempting to get the other cities to join, so he suggested that they get this agreement signed first and then take it to the other cities. Motion by Carr, second by Berryman to approve the resolution. Brandenburg invited Karen Wilson from the Health Department to respond. She commended the City staff, especially City Attorney Patricia Caris and City Manager Paul Brandenburg, saying with Brandenburg's leadership, this project is moving forward. She said she and the Board of Health are planning to make presentations to the other nine cities in the County who are not yet members. Vote on the motion: Approved 7-0. P Consideration and possible action to authorize staff to execute the appropriate agreements and contracts and make the necessary expenditures to facilitate the realignment of Blue Ridge Dr. --Paul Brandenburg, City Manager Brandenburg noted that there is a stand of trees located where the road is intended to go, saying suggested options have been provided by staff in a handout on the dais. Motion by Carr, second by Smith to approve Option #1. Approved 7-0. According to the handout, Option #1 reads as follows: "1. Money for promise not to remove trees: .... that the City Council contribute no more than $18,714 to pay for the engineering costs associated with the redesign of Blue Ridge Drive, in exchange for a written commitment binding on Clearwater and/or the County and their successors not to remove or destroy the trees located at the proposed intersection of Blue Springs Road and Blue Ridge Drive." Q Second Reading 1. Second Reading of an Ordinance Amending Section 5 of Ordinance No. 2006-108 related to the conditions for approval for the Comprehensive Plan Amendment to change (1) the Future Land Use from Residential to Residential, Mixed Use and Office/Retail/Commercial, (2) the Intensity Level from Level 1 to Levels 3, 4 and 5, and (3) the Overall Transportation Plan to relocate the connection point on SH -29 for the future SW 2, for the eastern part of Escalera Ranch and the Barton, Faubion, and Watson tracts, located north of FM -2243 and south of SH -29 for ABG -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek explained the item, saying this will clarify the intent of the development agreement and offsite agreement. He read only the caption of the ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2007-27, Approved 7-0. 2. Second reading of an ordinance of the City Council of the City of Georgetown, Texas, releasing special assessment liens established in 1922 by ordinance recorded in Volume 6, Page 415 of the Official Records City Council Meeting Minutes/ Page 3 of 6 Pages of Williamson County, 'rexas -- Patricia Carls, City Attorney Carls read only the caption of the ordinance on second reading. Motion by Smith, second by Oliver to approve Ordinance 2007-28, Approved 7-0. R Forwarded from the Georgetown Utility System (GUS) Board 1. Consideration and possible action to approve the purchase of traffic signal equipment through the State of Texas purchasing contracts in the amount of $80,752.00 -- Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item. Motion by Sansing, second by Berryman to approve the purchase. Approved 7-0, 2. Consideration and possible action to approve a contract amendment with Texas Electric Cooperative for an increase in cost of transformers in the estimated amount of $100,000.00. -- Michael W. Mayben, Electric Services Director, Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item, saying TEC has requested a price increase of approximately 17%. He said this is tied to the increased cost of the raw materials: copper, aluminum and steel. He said this was approved by the Georgetown Utility System (GUS) Advisory Board. Sansing clarified that this incremental cost increase is expected to be an annual item. Motion by Sansing, second by Carr to approve the contract amendment. Approved 7-0, 3. Consideration and possible action to award a contract to CoCom Cabling Systems of Round Rock, Texas for the installation of fiber optics outside plant cable infrastructure in the amount of $159,494.06. -- Michael W. Mayben, Electric Services Director, Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item, saying this allows the extension of the fiber cabling system and gives the City the ability to have communications with TXU, LCRA, and ERCOT for our installations. Motion by Berryman, second by Smith to approve the award of bid. Approved 7-0. S Public Hearing / First Reading 1. First reading of an Ordinance to amend the Georgetown Code of Ordinances, Chapter 2.28 related to organizational details, operational functions, and fee assessments for the Fire Department --Anthony Lincoln, Fire Chief Lincoln noted that the Fire Department is now occupying the new station, saying the crew slept there for the first time last night. He said this ordinance will bring the billing for services in line and better define the operational functions. Snell asked for further information regarding financing and debt servicing for the future. Zavala explained that this apparatus was purchased in 2003 with debt servicing and the balance of the SRF was used for one of the payments. She suggested that this could be looked at further. Lincoln read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Berryman, second by Sansing to approve the ordinance on first reading. Approved 7-0. 2. Public Hearing and First Reading of an Ordinance Rezoning Lots 2A and 2B, in the Resubdivision of Tract 2, Airport Industrial Park from AG, Agricultural district to IN, Industrial district for, located at 105 and 107 Halmar Cove. Bobby Ray, AICP, Director Planning Ray explained that this is a rezoning of two lots on Halmar Cove. He said staff is recommending approval because the rezoning would bring the zoning into compliance with the current use. He 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 6:38 p.m. There were no comments. The Public Hearing was closed at 6:38 p.m. Motion by Oliver, second by Berryman to approve the ordinance on first reading. Approved 7-0. 3. Public Hearing and First Reading of an Ordinance Rezoning 2.30 acres in the L.J. Dyches Survey (A-180) also to be known as the CARTS Bus Station, from RS, Residential Single -Family to C-3, General Commercial district, located on South Austin Avenue north of SE Inner Loop. Bobby Ray, AICP, Director Planning Ray explained that this is the current location of the City Park and Ride facility, saying the requested rezoning is to accomodate a proposed bus station operated by the Capital Area Rural Transportation System. He said the Planning and Zoning Commission unanimously recommended approval. Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter, City Council Meeting Minutes/ Page 4 of 6 Pages The Public Hearing was opened at 6:40 p.m. There were no comments. me Public Hearing was closed at 6:40 p.m. Motion by Carr, second by Sansing to approve the ordinance on first reading. Approved 7-0. 4. Public Hearing and First Reading of an Ordinance Rezoning 15.16 acres out of the David Wright Survey, Abstract No. 13, from AG, Agriculture to PUD, Planned Unit Development, with a Base Zoning district of C-1, Local Commercial, for the property located at Williams Drive Northwest of Serenada Drive. Bobby Ray, AICP, Director Planning Ray explained that this is a 15 -acre site located on Williams Drive and is a part of the Estrella Development, proposed to develop as 146 residential units. He said the proposed future land use plan is consistent with mixed use, office, retail and residential. He said the Planning and Zoning Commission unanimously recommended approval. 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 6:44 p.m. There were no comments. The Public Hearing was closed at 6:44 p.m. Motion by Berryman, second by Oliver to approve the ordinance on first reading. Approved 7-0. 5. Public Hearing and First Reading of an Ordinance to Consider the following Amendments to the Unified Development Code: Section 1.15 "Traffic Calming Policy"; Table 2.01.020 "Summary of Review Authority'; Section 2.07 "Parks and Recreation Board"; Section 3.03.010 (D)(2) "Provision of Public Notice"; Section 3.08.050.1. "Waivers"; Section 3.09.010 "Applicability'; Section 3.13.020 "Review Process"; Section 3.13.080 "Appeals"; Section 4.06.020.E "Parking"; Section 4.08 "Gateway Overlay District"; Table 5.01.020 "Permitted Uses by Zoning District"; Section 6.01.040 "Minimum Requirements"; Table 6.02.030 "Housing Type Dimensional Standards"; Section 6.02.040(B)(3)(b) "Features Allowed within Required Yards"; Section 6.03.020 "Non -Residential Dimensional Standards"; Section 6.04.010.C. "Double Frontage"; Section 6.04.020.B.1. "Length"; Section 8.01.030 "Applicability"; Section 8.07.020 "Applicability'; Section 10.04 "Signs Prohibited Under this Code"; Section 10.06 "Sign Dimensional Standards"; Section 11.01.030 "Applicability"; Section 11.02.010.A "Applicability'; Section 11.02.020.A.1 "Low Impact Site Design"; Table 12.03.020 "Design Standards"; Section 12.03.020.8.6 "Vertical Curves'; Section 12.03.050 "Street Layout' Section 12.03.050.D.3 "Radius at Corners'; Section 12.04.030 "Design Requirements and Standards"; Section 13.04 "Residential Rural Subdivisions"; Section 13.05 "Open Space"; Section 13.08 "Subdivision Improvement Guarantees'; and Chapter 16 "Reference". Bobby Ray, AICP, Director Planning Ray noted that two public workshops were held and, in response to the workshops, staff has agreed to defer the conservation subdivision ordinance to track with the Mixed Use and Transit Oriented Design ordinances. He said a task force has been established in order to finalize the conservation subdivison ordinance. He said staff is also proposing the required housing/lot variety for single family subdivisions be deleted from this round of amendments for possible future consideration. He said the revised language was presented at a Public Hearing before the Planning and Zoning Commission on April 3, and the Commission voted unanimously to recommend approval of the proposed amendments with the deferral and deletion. 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 6:50 p.m. There were no comments. The Public Hearing was closed at 6:50 p.m. Carr asked about consideration for signs on the Williams Drive Corridor. Yantis said the Building Inspection Director, Dave Hall, is still working on it and will bring it to Council at the same time as the conservation subdivisions. Motion by Berryman, second by Carr to approve the amendments to the UDC. Snell said he thinks the process didn't work exactly as it should have. Motion by Snell, second by Eason to amend that staff present to Council for consideration a UDC amendment providing for Conservation Subdivisions, no later than the second meeting in August, with both the original staff proposal and the proposals of the Task Force working on the ordinance. He said he would like for Council to be able to see what is changed, either by redlining or by individual items. Approved 7-0. Motion by Snell, second by Oliver to amend that staff present to Council for consideration, no later than the second meeting in August, a UDC amendment providing incentives for subdivisions with a diversity of housing types and mixture. He said the intent is to have diversified housing types in various areas, with the focus on incentives rather than on requirement. There was discussion regarding whether this incentivism is directed toward allowing affordable housing. Berryman suggested that Council wait to see how the market deals with the ABG conservation subdivision development before deciding. Vote on the amendment: Approved 7-0. Snell asked if traffic calming can be modified by the Planning Director rather than the Council. Carls explained that there are several different manuals that can be amended by the Director. Motion by Snell, second by Eason, on #7, to amend to eliminate signage from administrative review for compliance, with HARC being responsible for signage decisions. There were questions and responses from Ray and Rowe regarding signs reviewed by the HARC. Rowe said sometimes the timing is a concern because of having to wait for the HARC Commission Meeting for approval. Oliver and Eason asked that language be added on second reading to clarify the process. Eason said she doesn't see a provision for the review of the design guidelines. City Council Meeting Minutes/ Page 5 of 6 Pages Berryman said the administrative review shouldn't be taken away from start: There was much discussion. Yantis emphasized that this administrative review will help the business owners downtown to be able to get their projects for downtown approved in a timely way like the sign approvals for the remainder of Georgetown. Snell said he would prefer to take out the administrative review entirely, but would allow staff to reword the review process in order to specify the procedure. Motion by Berryman, second by Sansing to amend that staff come back at second reading with clarification and guidelines that are clear to the Council as to the staffs intent to review the signage and the goal of what they are attempting to achieve. It was determined that this amendment was out of order so Berryman and Sansing withdrew. Vote on Snell's Amemdment: Denied 4 - 3. (Sansing, Berryman, Oliver and Carr opposed) Motion by Berryman, second by Oliver to have the guidelines be made clearer regarding moving the process from review and approval by staff to review and approval by the HARC. Approved 7-0. Snell questioned on #8, where are the "procedues set forth below?" Carls noted that the language could be clarified to read "procedures set forth in Section 3.14." Ray noted the procedure language would follow this section in the ordinance. Snell asked and Ray explained the reason for deletions in #15. Snell questioned the wording of "shall not exceed seventy percent (70%) impervious coverage." Munk noted 70% is approximately equal to "under five acres commercial" on both a) i and b) i. Snell on #31 asked and Ray provided clarification regarding "fees in lieu." Yantis said the Parks Department is still working on the fees. Sansing suggested a section requiring a homeowners assocation be required for a certain number of houses in order to pay for a park. Nelon suggested bringing it back when Parks Department brings the new fee schedule for consideration. Vote on the Motion as amended: Approved 7-0. 6. First Reading of an Ordinance for a Comprehensive Plan Amendment to amend the Overall Transportation Plan to show the realignment of the 2500 — 2700 blocks of the SE One arterial and modify the cross sections of SE One and SH 29 Bypass -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek explained the proposed modifications. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Carr to approve the ordinance on first reading. Approved 7-0. 7. First Reading of an Ordinance for 1) a Comprehensive Plan Amendment to change the Intensity Map from levels 2, 3 and 5 to levels 3 and 5; change the Future Land Use from Residential to Multi -Family, Residential, and Office/Retail/Commercial; and to change the Overall Transportation Plan for a designated collector -level and 2) a Public Hearing and First Reading of an Ordinance Rezoning from AG, Agriculture to MF, Multi -Family, C-3, Commercial and RS, Residential on 159.177 acres in the John Berry Survey (Abstract 051), located near FM 971 and SH 130. — Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development This item was pulled by the applicant. City Council Meeting Minutes/ Page 6 of 6 Pages The meeting was adjourned at 07:48 PM. Attest:,i',,- Secretary Sandra Lee