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HomeMy WebLinkAboutMIN 03.27.2007 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: Council Absent. Patty Eason, Gabe Sansing, Doug Smith, Henry All Council present Carr, Pat Berryman, Farley Snell, Ben Oliver Staff Present. Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; John Aldridge, Transportation Engineer; Ed Polasek, Principal Planner; David Munk, Development Engineer; Bobby Ray, Director of Planning and Development; Keith Hutchinson, Public Information Officer; Jennifer Bills, Planner 1; Mark Miller, Transportation Services Manager; Karen Frost, Planning and Development Administrative Supervisor Executive Session Regular Session to convene and continue Executive Session, if necessary Items A, B, and C were for Executive Session. There was no Executive Session held at this meeting. Regular Session = To begin no earlier than 06:00 PM (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.) D Call to Order The Mayor called the meeting to order at 6:02 p.m. Pledge Mayor Nelon led 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 overview of Council Meeting procedures. G Announcements and Comments from City Manager Brandenburg made the following announcements: The City will hold elections for City Council seats for Districts 3, 4, and 7 on May 12, 2007. Please refer to the City's website at www.georgetown.org for voting locations and details regarding early voting. Events for the 22nd annual Texas Hill Country Wine & Food Festival will take place beginning March 28th at several venues in Central Texas and culminate with its highlight event, the Sunday Fair, here in Georgetown at San Gabriel Park on April 1, 2007. Come and enjoy a family -friendly event, relax, and City Council Meeting Minutes/March 27, 2007 Page 1 of 7 Pages experience a lovely spring afternoon of fine wine and food, children's activities, live music, lively conversation, and culinary seminars. Tickets for Sunday Fair are $45. The Georgetown Visitors' Center has a limited number of tickets for sale, or they can also be purchased online at the Texas Hill Country Wine & Food Festival website at www.texaswineandfood.org. Children's tickets are also available for $10, and can be purchased online or at the gate, but are not available at the Visitors Center. For more information about the Festival, please visit our website at www.visitgeorgetown.org or contact the Visitors Center at 930-3545. H Public Wishing to Address Council Keith Peshak spoke on what he called "official oppression." Action from Executive Session on March 26, 2007 Motion by Smith, second by Carr that the City Manager and the Director of Economic Development be authorized to commence economic development negotiations with an existing business in order to try and retain that business in the community; that the negotiations be consistent with the direction given by the City Council to the City's Director of Economic Development in Executive Session last night and not to exceed the amounts discussed in Executive Session last night; that the negotiations be coordinated with the GTEC and GEDCO Boards, the County and the City Attorney, the City's financial advisors and bond counsel, and City's Director of Finance and Administration. 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 Council Workshop on Monday, March 12, 2007, and the Council Meeting on Tuesday, March 13, 2007 -- Sandra D. Lee, City Secretary K Consideration and possible action to approve a Professional Services Agreement between the City of Georgetown and Meador Surveying, for surveying the new section of the 100F Cemetery in an amount not to exceed $25,000 -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services L Consideration and possible action to approve a resolution authorizing the City of Georgetown to participate in an interlocal agreement with the City of Round Rock, Texas, for the purpose of participating in an Interlocal Purchasing Cooperative Program — Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration M Consideration and possible action on a Site Plan of Serenada Country Estates, Unit I, Lot 2, located at 3813 Williams Drive -- Carla J. Benton, Planner 11, and Bobby Ray, AICP, Director of Planning and Development N Consideration and possible action on a Preliminary Plat for 71.137 acres in the Lewis J. Dyches Survey (A-180) to be known as Georgetown South Industrial Park, located north and east of Snead Drive -- Jennifer C. Bills, Planner I, and Bobby Ray, AICP, Director of Planning and Development Snell asked and Jennifer Bilis, David Munk, and Ed Polasek explained the requirements of the developer to complete CR115/Snead Drive, and noted the location of that road on the map in the agenda packet. Motion by Carr, second by Oliver to approve the Consent Agenda in its entirety. Approved 7-0. Council will individually consider and possibly take action on any or all of the following items: O Discussion and possible action to direct staff regarding Transportation Planning, including, but not limited to priority projects, costs, and timelines -- John Aldridge, Transportation Engineer and Paul E. Brandenburg, City Manager Briggs presented the action item regarding priority transportation projects. He noted that Council had asked staff to review the costs. He distributed a list to Council comparing costs on the Southeast Innerloop to construct three lanes for 200 feet, three lanes for 400 feet, and two lanes for 400 feet. He said if the City had the availability, he would recommend the two lanes at 400 feet to connect SH130 to IH35 in order to relieve truck traffic on University/SH29. He said participation from the Georgetown Transportation Enhancement Corporation would be $9 million. There were questions and comments from the Council. Oliver clarified that when the original planning and budgeting was done for Southeast One (SEI) it was to be City Council Meeting Minutes/March 27, 2007 Page 2 of 7 Pages two lanes for 200 feet, and would cost more than $9 million. Briggs noted that the asphalt prices have come down. Carr asked what would be lost between three lanes and two lanes. Briggs said flare -outs would need to be constructed in the two lanes, when necessary, rather than being able to leave a continuous turning lane. Motion by Snell, second by Eason to direct staff to proceed with the following road projects as environmental clearances are obtained and funds are available: (1) Two lanes from 1-35 to Highway 130 on a 400 -foot ROW at a projected cost of $17 million, to which the city will contribute $9 million, with the remaining $8 million coming from county bond funds; (2) (on the west side of 1-35) two lanes from Highway 29 to Leander Road on a 400 -foot ROW at a projected cost of $24 million, entirely from the city (for which the city has set aside $15 million) and federal funds of $3 million; and (3) The Northwest Boulevard Overpass at a projected cost of $6.8 million, to be funded by the city and the county. Motion by Berryman, second by Eason to amend the motion to include the frontage road and the Ronald Reagan Blvd. Vote on amendment: Approved 7-0. Sansing asked about prioritizing. Nelon noted that the right of way acquistion and the available funding sets the priority. Carr said he thinks the City is beyond priority setting, saying the priorities were developed after much research and those priorities were ignored, so he said he thinks the City should just go forward with Snell's motion. There was further discussion. Oliver said he believes that Snell's motion says there is about a $2.5 million shortfall, and the expectation is that the County is to find those funds; and asked what he should tell his constituents about when the trucks will be off of SH29. Berryman said there is a process. She said the State has agreed to pay for the environmentals, and the County doesn't get all the funding at once, saying Covey will take it to the Commissioners to find out whether she gets the funding and which projects can be included. Berryman said the City is suggesting, but the State and the County are really "doing," saying all entities are now a "team." Commissioner Covey said all the projects are important, but the County needs to know the costs, how to fund, and the timing. She suggested the City purchase as much right of way as possible and plan for the engineering work, saying she thinks more engineering work needs to be done to firm up the costs. She said the feasbility of the project will make it happen, and she is confident about building the east side. She suggested that some of the money to be spent on the west side could be put to the projects on the east side, because there will be more GTEC money coming in that can be used on the west side. She said the County will spend close to $50 million in Georgetown. Snell said the City has projected the income of GTEC in the future, estimating the borowing power, and the City has already committed all the money it can at this time; saying there will be no "pot of money" coming in. Brandenburg suggested that there be an agreement with TXDOT to memorialize what is being promised. Covey said the interlocal agreement between the City and the County is important and asked that work be continued on that document. Vote on original motion as amended: Approved 7-0. P Discussion and possible action to direct staff to engage the services of the Texas Department of Transportation to conduct the environmental study for the ENTIRE Bypass route, from East Highway 29 to West Highway 29 -- Paul E. Brandenburg, City Manager Brandenburg asked for permission from Council to move forward with preparing an agreement between the City and TXDOT to do the environmental study for the entire bypass route, including the exact route, the timeline, and the cost. Motion by Sansing, second by Berryman to approve the direction to staff. Briggs noted that the City has $125,000 from TXDOT that was earmarked for this route study. Motion by Oliver, second by Berryman to amend to take the $125,000 for the environmental and put it with the other funds for TXDOT. Polasek said this money was approved through CAMPO, so if it isn't spent in a timely manner, CAMPO will take it back. Vote on amendment: Approved 6-1. (Sansing opposed) Vote on motion as amended: Approved 7-0. Berryman said this is not a permanent truck bypass, it is temporary, and eventually the City will need to figure out how to build a bigger road. Q Discussion and possible action to direct staff to create a Resolution for Council consideration to engage the services of the Central Texas Regional Mobility Authority (CTRMA) to conduct a mobility and feasibility study for the Southwest Bypass -- Paul E. Brandenburg, City Manager Brandenburg said because the money is finite, it is necessary to engage the services of CTRMA to conduct a study, saying this is one part of several issues that are all related and must be done. He said he is looking for Council direction to have staff come back with a resolution at the next meeting. Motion by Sansing, second by Carr to direct staff to create the resolution including financing suggestions and options for the entire bypass route. It was determined that this will be done by CTRMA without cost the City. Approved 7-0. R Discussion and possible action to extend the sunset provision that allows Itinerent Merchants to operate at the property located at the corner of Williams Drive and I1-11-35 with the permission of the property owner -- Paul E. Brandenburg, City Manager City Council Meeting Minutes/March 27, 2007 Page 3 of 7 Pages Brandenburg explained the item, saying a previous agreement allowed the owner two years or until the property was sold. He said the two-year period ends this month, and the owner has asked for another extension. Motion by Berryman, second by Sansing to allow an additional twelve months. Sansing suggested that the City purchase the property to help get the gateway started. Smith and Snell stated they were not in favor of an extension. Brandenburg said there are ingress/egress issues with TXDOT. Carr suggested that the City be patient and extend. Oliver asked about issues needing to be resolved with the school district concerning the eventual purchase of the McCoy school site which would open up the site. Berryman said the circumstances are not in the control of the owner or of the City. There was further discussion. Brandenburg noted that there can be no car or animal sales there. Vote on the motion: 5-2. (Snell and Smith opposed.) S Consideration and possible action regarding the first amendment to the Development Agreement concerning the ABG Subdivision (n/k/a Water Oak Subdivision) and First Amendment to the Offsite Utility Construction and Cost Reimbursement Agreement for ABG Subdivision (n/k/a Water Oak Subdivision) — Patricia E. Carls, City Attorney Nelon noted that the developer has asked that this item be postponed to a time certain. Motion by Snell, second by Oliver to postpone to no to postpone to no later than September 25, 2007. Approved 7-0. T Second Readings 1. Second Reading of an Ordinance Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Level 2 and the Future Land Use from Residential to Residential and Mixed Use for 205.38 acres in the I. Donagan Survey (A-178), located on West SH -29 -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Nelon noted that the developer has asked that this item be postponed to a time certain. Motion by Snell, second by Oliver to postpone to no later than September 25, 2007. Approved 7-0. 2. Second Reading of an Ordinance amending Section 15.04.045 "Development Process Fees" of the Code of Ordinances (The "Code") to revise Planning and Development fees, including GIS fees -- Bobby Ray, AICP, Director of Planning & Development Ray read only the caption of the ordinance on second reading. He said this reading includes changes as requested by the Council to establish an hourly rate of $150 per hour for the engineering review of Traffic Impact Analyses and staff has removed the scale of administrative staff review fees and included a base fee of $500 for all TIA's, regardless of the size. Motion by Smith, second by Eason to approve Ordinance 2007-21. Approved 7-0. U Public Hearings/First Readings 1. Public Hearing and First Reading of an Ordinance Rezoning from AG, Agricultural district to PUD, Planned Unit Development district for two tracts consisting of 0.775 and 11.655 acres in the A. Flores Survey (A-235) to be known as the Planned Unit Development of Katy Crossing Subdivision, Section 7, located on FM -971, west of Katy Crossing Boulevard -- Bobby Ray, AICP, Director of Planning and Development Ray explained the item, saying the proposed project is a 60 -unit residential development, of attached single-family dwellings, with access to be taken from FM971. He said deviations are being requested to allow a space for a second vehicle in the driveway behind a one -car garage, which would allow parking in the front setback and to exceed the standard 45% impervious cover limit per lot. He noted that a number of speakers spoke against this project at the Planning and Zoning Commission Meeting. He said the motion failed at the Planning and Zoning Meeting, so a super majority vote of the Council would be required to approve. He said the City received a petition that is representative of 20% of the surrounding property owners, requiring a 3/4 affirmative vote. He said staff supports the development. Carr asked what happens if Council turns down this item. Ray said the applicant could come back with a single-family residential request and could drop the deviation from the front setback for the driveway and build two -car garages. The public hearing was opened at 7:16 p.m. Speaker, William Holder, said he is opposed to the rezoning because he believes it will reduce the home values in River Park. He said he doesn't oppose single-family, but objects to duplexes because that means rental homes. Speaker, Ana Thomas, owner of Lot 85 on Bastian Lane, said she is opposed to duplexes. She said she City Council Meeting Minutes/March 27, 2007 Page 4 of 7 Pages recommends John Gavurnik as a builder, but she strongly opposes duplexes. Speaker, Wally Wilson, owner/broker of ReMax Agency, spoke in favor, saying he knows Gavurnik from the business community, and said he is concerned about the misinformation he read in the paper about the proposed development. He said the single-family attached homes are good quality and will sell to a specific type of client. He said this type of product is needed in the community. Speaker, John Maglio, with extra minutes from his wife, Leah Maglio, told Council he is a homeowner in Katy Crossing, said he opposes the proposed rezoning because he feels it violates the rules of the Unified Development Code, and will cause increased traffic congestion, overcrowding of the land, and concentration of population. Speaker, Jennifer Rucker, told Council that she felt that affordable housing should not be placed adjacent to large single-family homes. She asked that the Council keep planning and zoning issues consistent. Speaker, Duke Westling, with extra minutes from Elaine Sotello, said he is opposed to the proposed development, saying the proposed duplexes are not equal to the duplexes on the east side. He said the area is already 25% rental and he doesn't want to encourage any further rental property. Speaker, John Gavurnik, the applicant, said he distributed pictures to the Councilmembers that were taken in the single-family area where there are sometimes three cars parked in front of the single-family homes and pictures of the duplex area where there are no cars parked. He said this was on a Sunday and Monday. He said he could go to two -car garages and sell the houses for $120,000 instead of $110,000 and not have the parking in the five-foot setback. He compared the sale of two houses, one next to duplexes, and one among other single-family homes and both sold for the same amount. He said there has been no devaluation in properties sold in Katy Crossing. He said there will be a homeowners' association, and the townhome lawns will be cut and fences maintained and repainted, when necessary. He said he intends to put up a fence between the products. He reminded Council that he is one of the members of the Affordable Housing Task Force and had asked Council where it would be suitable to put affordable housing. Carr asked Gavurnik, if he could go back to the single-family houses in that area. He said he can't compete with the big builders that have come into town and build large 3000 sq. ft. "boxes" for $140,000. Speaker, Margie Ranc, said she was asked to speak to the quality of life and type of people who live in Windridge Village. She said the people who are buying the affordable homes are singles of all ages, so a house for $110,000 is perfect for a person who is looking for a small amount of space. She said most of those homes are owned by single women. She said the four -person family is becoming a minority in the types of home buyers. Speaker, Maguel Betancourt, said he is speaking on behalf of the homeowners who are actually stakeholders in the properties. He said he thinks the proposed development will increase the density, traffic, and the propensity for rental units. He said he's not against Gavurnik as a builder, but he's against the type of product being proposed. Speaker, Lisa Lorandeau, said Katy Crossing is a family neighborhood. She said she is concerned about overcrowding the schools. She objected to the speed limit on FM971. She said she is a single parent and is in favor of affordable housing, but doesn't think it should be put in this area. Speaker, Anna Aiken, with extra minutes from her husband, Charles Aiken, said she and her husband applaud affordable housing, but not in this area. She said she wants the Council to consider safety and other issues. Spekaer, Charlotte Pieper, said she is a resident of Windridge Village, is a widow, and could not manage a 3000 sf home. She said she was excited to find the Gavurnik homes, especially a size she could manage. She said the people in that community are wonderful and caring. She said she is not sure how it is in Katy Crossing, but affordable housing, with the older population, is necessary. The Public Hearing was closed at 8:10 p.m. Ray read only the caption of the ordinance on second reading. He told Council the staff recommendation is for approval. Berryman said in light of all the discussion, she decided to drive through the area, and said she agrees that 971 is a serious traffic problem; and if this many more houses are built there, it will be a larger traffic problem. Berryman said she knows that Gavurnik builds a good product, but she said she admires the people who came out to speak against this. She said Council has supported neighborhood integrity before and she feels Council should listen to the people tonight and deny the development as proposed. She said she thinks the Council should honor the decision made by the Planning and Zoning Commission. She said she understands the need for affordable housing, but is not sure that type of home City Council Meeting Minutes/March 27, 2007 Page 5 of 7 Pages is appropriate in this area. Motion by Eason, second by Smith to approve this development. Eason said she opposes Berryman's position, saying FM971 is a state highway, and the City has no control over it. She said she feels building more single-family residences would be the way that the schools will become overcrowded. She said these are not homes for families with children, and Gavurnik has built similar products in W indridge Village and Katy Crossing, and she feels this product will be good for the area. Smith said affordable housing is a Council priority and the townhome product is rare in Georgetown. He said there are single people of all ages that would prefer a product like this. He said he thinks because there would be fewer children, there will be less cars in the neighborhood. He said Gavurnik has an excellent reputation for building a good product. Berryman asked Gavurnik how many homes he would build in the area if they were single-family. He responded that he would be able to build 50 single-family homes with two -car garages which would result in more traffic out on 971. Oliver said he thinks the project looks like a "cookie cutter" development of all one type of home. Gavurnik said there is variety in the design of the townhomes. Carr said he feels this is "the wrong time and the wrong place and the wrong thing." He said he thinks the people who live there should know, and he will vote against this. Sansing said $75 to $100 per month for membership in a homeowners assocation is expensive. He said he doesn't see how these products could be considered affordable, and said the only reason he would consider this development is because of the homeowner association. Berryman reminded Council that a large number of residents have come out against this, and the Planning and Zoning Commission is against it. Nelon said it takes five votes to pass this measure because of the Planning and Zoning Commission denial and the petition. Vote on the motion: Denied 4-3 (Carr, Oliver, Snell, Berryman opposed) 8:26 p.m. -- recessed 8:39 p.m. -- resumed 2. First Reading of an Ordinance on a Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Levels 2, 31 4 and 5; and to change the Future Land Use from Residential to Office/Retail/Commercial, Residential and Multi -family for 590.7 acres in the B. Eaves and the L.S. Walters Surveys, located near SH -195 and Parmer Lane -- Jordan Maddox, Planner I, and Bobby Ray, AICP, Director of Planning and Development Maddox explained the item, saying it is diverse in its usage and the applicant is planning single-family, multi -family, office, and retail. He said it is planned that the lower intensity will be near the current Sun City and Shady Oaks neighborhoods, and the plan is to move forward toward SH195 with the higher density. He said staff is supporting this change in intensity and future land use. He read only the caption of the ordinance on first reading, after having satisfied the requirements of the City Charter. Speaker, Sandra Beasley, said she lives in Shady Oaks, and when she bought her house, she was under the impression that the entire area would stay in the low-level intensity, and she doesn't want Level 5 commercial zoning behind her house. Speaker, Paul Linehan, said he is attempting to put single-family next to both Sun City and Shady Oaks Estates. He said this intensity and use request was approved unanimously at the Planning and Zoning Meeting. He said there is plenty of utility capacity and has a letter of endorsement from Chisholm Trail Special Utility District that they can supply adequate fireflow. There were questions of Linehan from the Council. There were questions of Jim Briggs regarding the water supply from Chisholm Trail SUD. Oliver asked when the state will widen SH195. Briggs said the project has been "let" and the crews are on the project. Motion by Snell, second by Smith to approve the ordinance on first reading. Approved 7-0. 3. First 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 -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek explained the item, saying the City is changing the conditions under which the ordinance was originally approved, to change the number of service unit equivalents, so that the Lowry tract could be added in the future; saying the original approval for the Future Land Use Plan, Overall Transportation Plan City Council Meeting Minutes/March 27, 2007 Page 6 of 7 Pages and Intensity Plan is not changing, but this ordinance will clarify the intent of the Development Agreement and Offsite Agreement to the limits and restrictions on the number of Service Unit Equivalents. Polasek read only the caption on first reading, after having satisfied the requirements of the City Charter. Motion by Oliver, second by Berryman to approve the ordinance on first reading. Approved 7-0. V Forwarded from the Georgetown Utility System (GUS) Board Consideration and possible action to award a bid to G. Carter Construction Company, Inc. of Cedar Park, Texas for the installation of traffic signals at Whispering Wind and Del Webb Blvd. and at CR 151 and Inner Loop Northwest for the amount of $84,407.60 -- Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item, saying the signals are funded in the Capital Improvement Plan (CIP). He said this item has been recommended by the Georgetown Utility System Board. Motion by Sansing, second by Berryman to approve. Approved 7-0. W Consideration and possible action to award a bid to G. Carter Construction Company, Inc. of Cedar Park, Texas for the installation of one traffic signal at Rivery Blvd and Wolf Ranch Pkwy the amount of $45,819.55 -- Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item, saying it was approved by GTEC. Motion by Sansing, second by Carr to approve the award of bid. Briggs said Council has already purchased the material, and this is the installation. Approved 7-0, X Consideration and possible action concerning the acquisition of a 0.473 -acre easement and a 0.776 -acre easement and related temporary construction easement from Williamson County for the construction of underground electric service in connection with Project Lone Star -- Jim Briggs, Assistant City Manager for Utility Operations, and Mike Mayben, Energy Services Manager Briggs explained the item. Motion by Snell, second by Carr to approve the acquisitions, including the payment to the County as discussed in Executive Session last night. Approved 7-0. Y Consideration and possible action to appoint Debbie Hoffman as the Habitat for Humanity representative on the Housing Advisory Board — Tom Yantis, Assistant City Manager Yantis noted that Carol Parsonage has resigned from the Housing Advisory Board. Motion by Berryman, second by Carr to approve the appointment. Approved 7-0. The meeting was adjourned at 09:12 PM. City Council Meeting Minutes/March 27, 2007 Page 7 of 7 Pages Attest: City Secretary Sandra r