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
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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