Loading...
HomeMy WebLinkAboutMIN 11.26.2002 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: I Council Absent: Llorente Navarrette, Gabe Sansing, Doug Smith, All Councilmembers were present Jack Noble, Sam P€iester, Farley Snell, Ken Evans Staff Present. Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager for Operations; 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; Anthony Lincoln, Fire Chief; Amelia Sondgeroth, Director of Development Services; Ed Polasek, Chief Long Range Planner; Bobby Ray, Chief Current Planner; Carla Benton, Development Planner; Melissa McCollum, Development Planner Policy Development/Review'll�Irorkshop Regular r to convene and continue Executive Session, There was no Executive Session held at this meeting. B Call to Order - Called to order at 6:00 p.m. Mayor Nelon noted to the audience that he had attended the funeral of School Board Member Jim Isbell, and remembered him as a fine public servant. He said, at the funeral, someone said of Jim Isbell that he always "did the right thing." Nelon dedicated the City Council meeting to the memory of Jim Isbell, saying he hoped that in that spirit, the Council, too, would always do the right thing. C Pledge of Allegiance Mayor led the audience in the Pledge. D Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor welcomed the audience and gave a brief outline of meeting procedures. - Announcement of one vacancy on the Zoning Board of Adjustment -- Mayor Gary Nelon Mayor announced the vacancy. - Announcement of next regular Council Meeting to be held at 6:00 p.m. on Tuesday, December 10, at Forbes Middle School, 1560 FM 971 E Announcements and Comments from City Manager - Christmas Lighting on the Square will be Friday, November 29, at 6:00 p.m. - Deadline for Application to the Civil Service Commission is Monday, December 2, at 5:00 p.m. - The Federal Emergency Management Association (FEMA) will hold a press conference at Fire Station 1 City Council Meeting Minutes/November 26, 2002 Page 1 of 11 Pages on Thursday, December 5 at 2:00 p.m. to announce a $60,000 grant to the Georgetown Fire Department to purchase thermal imaging cameras and breathing apparatus. F Citizens Wishing to Address Council Keith Peshak, 800 Oak Crest Lane, regarding missing $125,000 from Airport cash contingency account. Peshak said the major problem at the Airport is that 11 % of the users pay nearly 99% of the cost. He said cash keeps disappearing. He said he thought the missing amount was $125,000, but found out that the number is really $150,000. He claimed that the Airport Board speaks in "code" and reads from a "secret" paper at their meeting. He said the missing money went to the City "enterprise fund" which he said is illegal. He said the City is giving away another large land lease. When his speaking time of three minutes was used up, he asked to be signed up for the next meeting. G Action from Executive Session on November 25, 2002 Motion by Smith, second by Evans to authorize the payment of $17,779.63, for legal expenses incurred with regard to the Rivery settlement, to attorneys, Mark Dietz and Terry Morgan. Approved 7-0. H Consideration and possible action to approve the minutes from the Council Workshop on Monday, November 11, and the Regular Council Meeting on Tuesday, November 12, 2002, and the Regular Council Meeting on Tuesday, October 22, 2002 -- Sandra Lee, City Secretary Consideration and possible action to cancel the second Regular Council Meeting in December, 2002, regularly scheduled for the fourth Tuesday, December 24, 2002 -- Mayor Gary Nelon J Consideration and possible action to authorize the appointment of Judy Parks as the lay representative to the Central Texas Library System for the Georgetown Public Library -- Eric Lashley, Library Director and Paul Brandenburg, City Manager K Consideration of authorization for Paul Brandenburg, Georgetown City Manager, to sign a contract permitting the Georgetown Public Library to receive direct financial aid in the amount of $6,873 from the Texas State Library and Archives Commission -- Eric Lashley, Library Director and Tom Yantis, Assistant City Manager L Consideration of an award of the annual bid for tires and tubes to Purcell Tires in the estimated amount of $25,557.80 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration M Consideration of an award of the bid for an electric forklift to Briggs Equipment in the amount of Form $20,883.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration N Consideration of approval of a change order to STR Constructors to increase the site water service for fire supression and extending and looping that service at the Municipal Complex in the amount of $59,254.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration O Consideration and possible action to approve the contract for a Telephone System with Verizon Communications for Georgetown Municipal Complex and Council Chambers/Municipal Court for $186,898 -- Dennis Schoenborn, Director of Information Services and Micki Rundell, Director of Finance and Administration Pfiester asked and Rundell responded that this is a good deal because it will be paid from savings in the current budget. She said the lease payments will be less than what is being paid monthly to Verizon which will result in a net savings. P Consideration and possible action on a Short Form Final Plat of a Replat of Cimarron Hills PUD, Phase 1, Section 1, Block D, Lot 14, and 0.149 of an acre in the A. H. Porter Survey, located on Goodnight Drive -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services O Consideration and possible action on a Short Form Final Plat of a Resubdivision of Oak Crest Ranchettes, Unit II, Lot 16, located at 331 Evans Road -- Carla Benton, Development Planner and Amelia City Council Meeting Minutes/November 26, 2002 Page 2 of 11 Pages Sondgeroth, Director of Planning and Development Services R Consideration and possible action on a Variance to the Subdivision Regulations for the Reserve of Berry Creek, Section 1D, Phase 2, Block B, Lot 14, located at 405 Liscio Cove — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services S Forwarded to City Council from the Georgetown Utility System Advisory Board (GUS) 1. Consideration and possible action to renew a contract with ElectSolve Technology Solutions and Services Incorporated to provide AMR System Data Services -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 2. Consideration and possible action to approve the contract with the Law Offices of Kerry Russell, P.C., and, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C. for legal services related to the re -permitting of Georgetown's wastewater treatment facilities in 2003 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Navarrette asked and Briggs responded that Russell is still associated with the firm of Lloyd, Gosselink, et al. Briggs said Russell will be the prime point and will use Angela Mormon of Lloyd, Gosselink to assist him on the project. Briggs explained that wastewater facilities have to be re -permitted every five years. Sansing asked and Briggs responded that 30%-40% of the cost would be legal fees, depending on whether the permit is contested. 3. Consideration and possible action to approve an amendment to the contract with Camp, Dresser, Mckee, Inc. (CDM) for professional services relating to the re -permitting of the Georgetown's Wastewater treatment facilities -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Motion by Snell, second by Sansing to approve the Consent Agenda in its entirety. Approved 7-0. Legislative Regular Agenda T First Reading of an Ordinance for a Century Plan Amendment for a portion of the Del Webb 2500 Concept Plan to change the Future Land Use Map for 75.0 acres out of the Frederick Foy Survey from Residential to Retail/Commercial /Office Land Use and to change 75.0 acres out of the Frederick Foy Survey from Intensity Level 2 to Intensity Level 4, and to change 15.1 acres out of the Frederick Foy Survey from Intensity Level 2 to Intensity Level 3, or any more restrictive classification, and located between Shell Road, Williams Drive, CR 245, and SH 195 — Ed Polasek, Chief Long Range Planner, David Munk, Development Engineer and Amelia Sondgeroth, Director of Planning and Development Services Polasek said staff would do a presentation on both Items T and U at the same time. He read the caption only of the ordinance on first reading after having satisfied the requirements of the City Charter. He explained that the Century Plan Amendment is in two phases, one phase being the 15.1 -acre school site and the other being the 75 -acre commercial site. He said the actual land use change is from residential to retail/commercial. He told Council that the staff recommended approval of the Century Plan Amendment to the Planning and Zoning Commission. He said the Planning and Zoning Commission voted 6-0 to approve the Century Plan Amendment conditioned on the mutually -agreed-upon Development Agreement. (The motion for this item was handled after discussion of the next item and is contained below.) U Consideration and possible action on a Revised Concept Plan for 2,459.8 acres, out of the Frederick Foy Survey, to be known as Del Webb 2500, located between Williams Drive, CR 245, and SH 195 with variances to the Subdivision Regulations — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Sondgeroth explained the item. She said the staff presentation would be in four parts due to the large nature and the importance of the proposal. She said it is the charge to the Division of Planning and Development Services of the City of Georgetown to enforce and review Concept Plans for compliance with the Subdivision Regulations as set forth by State Law. Sondgeroth said this property is part of the orignal Concept Plan approved for Sun City between Shell Road and the proposed Farmer Lane extension. She said no changes to the existing Sun City Concept Plan are City Council Meeting Minutes/November 26, 2002 Page 3 of 11 Pages proposed with the revised Concept Plan. She said the City is entertaining a development agreement for separate approval in conjunction with the Concept Plan. She said Del Webb 2500 will be developed in four stages through the year 2024, with 1900 acres for residential and golf for a total of 5500 units, 60 acres for office, 300 acres of parkland, and 25 acres of institutional and non-residential uses. She said originally when this concept plan was presented to the Planning and Zoning Commission and staff, there was a major arterial that connected to Sun City Boulevard. She said with the revised Concept Plan there are five major areas of change: (1) this plan currently only shows a connection for emergency service purposes; (2) the proposed fire station is now located at the intersection of the proposed arterials; (3) the commercial node has been reduced from 183 acres to 60 acres; (4) the phasing boundary is now at the intersection of Sun City Boulevard; and (5) there has been a reduction of the model home park from 10 acres to 6 acres. She said, as part of this application, the applicant was required to meet provisions of the interim regulations having to do with a traffic impact analysis (TIA) and a tree survey. She said the TIA has gone through the City's review and will be explained to Council. Assistant City Manager, Tom Yantis, presented an overview of the Master Trails and Open Space Plan that was presented as part of the Concept Plan. He reminded Council of the city parkland dedication ordinance that calls for one acre of parkland for every 50 dwelling units. He said the Del Webb plan includes a significant amount of green space and open space, and the Parks Board has created a formula to establish credit for land being dedicated that is in the flood plain. He said Del Webb will pay $250 per dwelling unit to make up the difference where they're not providing actual park land. He said there also is an agreement that will allow Del Webb to construct hike and bike trails along the creeks. Assistant Fire Chief, Clay Shell said the Fire Department has two concerns with this development. (1) The fire station location at the intersection of the two arterials is different than what they proposed for response schedules. He said the station would be over a mile too close to the existing fire station in Sun City. He said with the location the fire department had proposed, near the school, the response stations would not be too close and there would be noise buffering from residences. (2) Because of the build -out of the phases, the current Sun City Station will be servicing that area until 2016, because the proposed station near the school would be built, at the earliest, in 2016, due to necessitating call volume in order to justify construction. Smith asked how the area would be served in the interim between when construction starts and 2016. Shell said the road and the intersection of the two arterials would be in Phase 1 with access from the existing fire station, saying otherwise there would be a 9 -minute response time to the entrance of where the arterial would meet Highway 245. Shell said the Fire Department is requesting connectivity. City Development Engineer, David Munk, told Council that the developer has submitted a Traffic Impact Analysis (TIA) that details the improvements to mitigate the congestion caused by the development and details the developer's pro -rata share of the improvements needed. He pointed out on a map the six proposed intersections involved in the TIA. He said the City and the traffic engineer recommend connection of the existing Sun City area to the Del Webb 2500 area, saying it would provide alternate driver paths and reduce delays for both communities. He said there should be no reason to cut through Sun City to reach Williams Drive. He said the TIA states that the development of the property should be limited to uses and intensities that do not vary from the conditions assumed in the TIA, and the developer's pro -rata share for the improvements needed for all three phases would be $1,121,690. Noble asked and Munk responded that there was no consideration given in the TIA for the fact that Sun City is a golf cart community. Pfiester pointed out that the intersection of Williams Drive and Shell Road is already at Service Level D. Sondgeroth explained the thirteen variances listed as Exhibit C. She said the Development Services Staff has reviewed and recommends all variances, except Variance 1. She said Staff feels the other twelve variances, having to do with street design and lot standards, do not compromise health, safety, or welfare, and are consistent with the overall Sun City development; and Staff feels the overall Master Plan of Sun City will be maintained, and it will be a quality development. She said Staff does not recommend Variance 1 which refers to Transportation Sections of the Subdivision Regulations, specifically Section 33030-B and Section 41030. She said those regulations require that the proposed street system shall extend all existing major streets and such existing secondary streets and local access streets as may be desirable for convenience of circulation. She said that is the basic provision that the applicants are requesting not to meet. She also read that all improvements shall be designed and installed to provide for a logical system of drainage and streets and to create continuity of improvements for the development of adjacent properties. She read from the Regulations that water, wastewater, transportation and drainage improvements shall be extended to the perimeter of a subdivision. She said the Texas Local Government Code Section 212.002 says that cities shall develop regulations within their municipal jurisdiction to promote the health, safety, morals or general welfare of the municipality and the safe, orderly and healthy development of the City Council Meeting Minutes/November 26, 2002 Page 4 of 11 Pages municipality. She said the staff feels that the requirement for connectivity is imperative for the health, safety and welfare of the community. She said staff recommends that Council deny the request for Variance 1. Sondgeroth read the motion from the Planning and Zoning Commission, which was to recommend approval of Revised Concept Plan provided that the fire station and the proposed minor arterial be relocated next to the proposed school property and connectivity be limited to emergency vehicles only with approval of Variances 1-13, based on the findings of fact. She said the motion was to deny, and the motion failed by a vote of 4 to 3. Sondgeroth read the staff recommendation which was to approve the Revised Concept Plan, provided that the fire station and the minor arterial be relocated next to the elementary school as previously planned, that connectivity be made between Sun City and the proposed Del Webb 2500 through the extension of Sun City Boulevard to the proposed minor arterial, and with the approval of Variances 2-13, based on the findings of fact included in the packet. Noble asked if staff recommends age restriction. Sondgeroth said there is no requirement in the Concept Plan status for an age -restricted community. She said the original Sun City subdivision approvals did not limit to age restricted. City Attorney, Trish Carls, said there is a reference to age restriction in the original Development Agreement. She read the reference: "Del Webb is planning and developing a master -planned community for adults 55 and over on the property, and in conjunction therewith, is proposing to subdivide it and obtain additional land use approvals for the property." She said that was the only reference to age restriction in the Development Agreement. Noble asked if due diligence had been done to determine if the City will be able to provide utility capacity, fire and police protection. Sondgeroth said that future service delivery was considered, but the costs have not yet been determined and no fiscal impact analysis has been done. Evans asked if age restriction was considered when staff agreed with Variances 2-13. Sondgeroth said the original request from the applicant included approximately twice as many variances and staff looked at them specifically for the issue that it might not be an age -restricted community. Pfiester asked and Sondgeroth replied that connectivity is an important issue, but not all communities have that requirement. She said Georgetown has had that requirement for some time. She said two other golf cart commujnities were studied. She said she undersands the concerns presented by the residents, but with the other two communities, it was not a safety issue, and the accessibility from fire and police was a higher priority. Nelon asked if a vote for "no connectivity" would be a better long-term resolution to the problem or would it be better to turn down the Concept Plan? Sondgeroth said that would be an option for Council and noted that any subsequent proposal would have to come back to the City for approval according to the Subdivision Regulations. She noted that when a new application comes through, the new code will apply and it will contain the connectivity requirement. Nelon invited the applicant, Gary Newman, General Manager of Del Webb, to come forward. Newman noted that this is a very complex issue. He introduced Todd Janssen, Peter Vidiccio, and Philip Schmandt. He reviewed the process that has been followed to seek approval of the Concept Plan. He said the Concept Plan would be contingent upon the Development Agreement. He said the Sun City Development, including the 2500 acres, is $2.1 billion tax -generating home and development revenue over 29 years. He noted the number of jobs that the development provides. Newman said Del Webb believes they will be able to provide a solution and asked for approval on the flexibility of the Concept Plan and the thirteen variances, including non -connectivity. He pointed out on a map that the two developments are already highly connected. He said there are other proposed minor connections and Pulte/Del Webb feels the connection in the center is not needed. He provided Council with copies of a resolution from the Sun City Community Association requesting that the communites not be connected. He displayed a plan that would "T" Sun City Boulevard, removing the major streets near the minor artetrials, saying then there would be residentials next to minor arterials. He said they are asking for a new agreement for the 2500 acres and a new method for payment to "pay-as-you-go," and a new option on active adult or family community depending on the market. He said Del Webb is experienced in combining a Sun City community with a family community. He suggested bringing the first phase into the County using County EMS and then later annexing into the City. He said the entire development is over a 19 -year period. He said he has met with Dr. Gunn about the need for schools. He said they told GISD they would reserve sites for schools, not all to be donated, but not all to be purchased either. He said the neighborhoods within Sun City are connected, and Del Webb doesn't think there should be a connection between Sun City and DW2500. He said they have adequate access from DW2500 to highways for commuting. City Council Meeting Minutes/November 26, 2002 Page 5 of 11 Pages Jack Stroobandt, 102 Wild Plum Circle, said he appreciated Newman's words. He said the golf cart community does not want to be connected. He asked Council to either vote down the Concept Plan or have no connectivity. He said he had asked seven people to speak to the issue. Kay McKee, 103 Aster Circle, said she has presented a petiton of 2700 signatures asking Council not to approve DW 2500. She said Pulte is now talking about extending the active adult community into DW2500, confusing the Sun City residents about what Pulte really wants. She asked the Council to honor the original agreement and say "no" to DW 2500. Lana Caylor, 102 Aster Circle, said the Sun City residents pay school taxes but have no children in the schools. She said she estimates between $7 and $8 million per year of cost-free tax revenue, saying, based on this estimate, Sun City would generate over $30 million per year of cost-free tax revenue upon completion of the original Del Webb plan. She said if the Pulte DW2500 is approved, the cost-free tax revenue would be cut in half. Therefore, the Council would be giving away $15 million. JoAnn Ford, 109 Crepe Myrtle Lane, said she believes that the Council entered the room tonight with no decision made and they came to listen to the staff and the residents. She said she appreciates their open minds and open hearts. She said she moved to Sun City to be able to walk to the Social Center safely. She said there are people ih Sun City who don't drive out on Williams Drive because of the safety problems. She asked the Council to think as if the Sun City residents were their parents who had invested their life savings to be able to afford a home in Sun City and pay the fees and heavy taxes in order to be able to be independent. Betty Jukes, 187 Dove Hollow Trail, said the residents of Sun City want the promises of the Concept Plan they were sold to be kept. She said the residents want to ask the Council to keep the age restriction, and if that fails, they would like to have some control and ask that no connectivity be allowed. She said there is controversy about the Unified Development Code and since it has not yet been approved, doesn't see how this issue should be bound by that at this time. Don Garbe, 208 Dawson Trail, gave an analysis of school funding and noted that the school district would need to cut programs. He said the school board is defenseless and the City Council needs to step in and protect the school district. He said development of age -restricted homes would help cover the school tax shortfall. He asked Council to say "no" to the DW2500 Concept Plan. Tom Belter, 145 Great Frontier Drive, said the point has been well made and the legal case is very likely to be made in the future. He said he wants to make an "ethical" case. He asked the Council to "do what is right." He pointed out many examples of companies that have pulled products for ethical reasons. He said the Council should tell Del Webb that it's "not okay" to lure 4000 people to Georgetown under false pretenses. it will He urged the Council to say "no" to the requested the City zoning variance. took George Marusak, 138 Camp Drive, said he is happy with the proposed 5000 homes and believes that is a manageable area. He said all they want is "no connectivity." Daniel Leo, 300 Dove Hollow Trail, said he is concerned about the issue of a school budget shortfall. He said he doesn't understand why the City should invest more money in infrastructure and look at another 20 -year return. Gail Miller, 121 Saddle Trail, said he heard about the TIA at the Planning and Zoning Meeting, but he doesn't think it was "right." He said on his golf cart, going up hill, he could walk faster. He said with connectivity, the traffic on Sun City Boulevard will increase by 339%. He said he is worried about the safety of both the golf carts and the cars. Debbie Purcell, 212 Valley View Road, lives in North Lake Subdivision and owns a home in Sun City for her mother to live in. She said Pulte is bribing the County by providing free right of way for the easterly route of Farmer Lane. She said if that happens, it will be clear that the County and the City took the bribe. Nelon noted that a couple of people had asked to continue the age restriction, so he asked Newman about the possibility of extending age restriction to the 2500 acres. Newman said the development of the 2500 acres doesn't start for three to four years. He said the market is in a slump, and in three to four years, the market could improve. He said they are in the business to develop active adult communities and would prefer to do so, but they had to take the other option, while it was available. City Council Meeting Minutes/November 26, 2002 Page 6 of 11 Pages Noble thanked everyone who came out and thanked them for showing him how large his e-mail capacity really is. He said no one has done more for children than JoAnn Ford has, and he noted with pride that she is a resident of Sun City. He asked for the procedure to be followed regarding action on the two agenda items. Carls noted that the Century Plan Amendment would have to be considered first unless the approval of the amendment was contingent on the approval of the Concept Plan. She noted that there are two separate items to be dealt with. Nelon noted that both items require a super majority or 5 affirmative votes for approval. Motion by Noble, second by Smith that the Century Plan amendment approval be contingent upon the approval of the Concept Plan. Caris said Council needs to understand what they are voting on. She said the Century Plan amendment must be passed before the Concept Plan can be considered. Sansing said he sees them as separate issues. Smith clarified that if the vote on the Concept Plan is "up," the vote on the Century Plan is "up," if the vote on the Concept Plan is "down," the vote on the Century Plan is "down." Approved 6-1. (Sansing opposed) Motion by Noble, second by Sansing to grant variance one, requesting no connectivity, if the Concept Plan is approved with the Findings of Fact in the Staff Report. Pfiester said Council has linked the vote on this variance with the Concept Plan which will come later. He said he supports connectivity which is essential to traffic flow which is essential to lifestyle. He said he thinks staff is right to recommend connectivity, and for that reason he will vote against this motion to approve "no connectivity." Evans told the citizens he appreciates their participation, but he said he is in favor of connectivity because of the safety issue. He recalled the connectivity issue between The Meadows and Churchill Farms. He said the problem on the Del Webb 2500 issue is not connectivity, the problem is the non -age -restriction. He said he will vote for connectivity. Smith said he supports connectivity because Georgetown is one community that needs to bond together and should not be separated. He said he supports connectivity because traffic flows better, and recalled the difficulty maneuvering around subdivisions while carpooling when he lived in Houston. Noble said the TIA didn't really look at the golf cart issue. He said he thinks connectivity is a case -sensitive issue. Navarrette thanked everyone for coming and said he understands a community that wants to maintain its values. He noted that a concept plan is subject to revisions. He said he would support connectivity because he thinks it is important to the commujnity. Sansing said he also believes in connectivity, but believes there are times when it should not be done. Vote on the motion: 2-5 (motion failed) (Navarrette, Evans, Pfiester, Snell and Smith opposed) Motion by Snell, second by Pfiester to approve variances 2 - 13 on Exhibit 3 if the Concept Plan is approved. Noble said he can't support any of the variances. Evans said he thinks the quesion of 2-13 is moot and he will personally vote to deny the Concept Plan. Evans said he will vote against the motion because he will vote against the Concept Plan. Vote on the Motion: 4-3 (motion failed) (Evans, Noble, and Sansing opposed) Carls recommended that there be a vote on the Concept Plan to avoid any ambiguity. Nelon explained that the residents will need to continue to stay engaged and deal with the connectivity issue. He said subsequent plans will need to be monitored. Motion by Noble, second by Smith to deny the Concept Plan. Smith said he has been waiting for the opportunity to vote on this issue, and has been undecided until recently. He said he feels the subdivision would end up being a subdivision of commuters. He said it is difficult to decide on this issue because the City has invested so much in the infrastructure for Sun City and the area that would be DW2500. He said a "no" vote will not recover the costs and that will increase the City Council Meeting Minutes/November 26, 2002 Page 7 of 11 Pages utility bills for the citizens. He said he would vote his conscience. Sansing suggested that Pulte and staff get together and try to do age -restricted. He said he would not bow to the fact that the City won't get their money if they turn down the Concept Pian. Snell said he also will vote "no" on the Concept Plan. Navarrette said he was serving on the school board when it was decided that Del Webb would come to Georgetown. He said he thinks Del Webb/Sun City has been good for Georgetown and he thinks the City can come to agreement with Del Webb. He said he will vote for the Concept Plan because Del Webb has been a good corporate neighbor for Georgetown. Vote on the motion to deny: 6-1. (Navarrette opposed) Pfiester said the problems will not go away, he said one of the paramount issues is the amount of money all taxpayers have paid to "true up" the costs to put in the infrastructure. He said Del Webb owes the City $17.5 million and he doesn't think the City should subsidize Del Webb with tax money. He said there needs to be an agreement between the City and Del Webb/Pulte. 8:55 p.m. -- recessed 9:01 p.m. -- resumed V First Reading of an ordinance amending Section 8.12.040 (A) Application and Fees of Chapter 8.12 Food and Sanitation of the Georgetown Code of Ordinances -- Tom Yantis, Assistant City Manager Yantis noted that the City contracts with the Health District and this ordinance was requested by the Health District in order to establish their amended fee schedules. He read only the caption on first reading after having satisfied the requirements of the City Charter. Motion by Navarrette, second by Evans to approve the ordinance on first reading. Approved 7-0. W Consideration and possible action to authorize the exchange of 2.517 acres of existing right-of-way valued at $117,800 for 2.479 acres of new right-of-way valued at $118,360 between the City's 413 Corporation and Rivery Partners, Ltd for the construction of Rivery Blvd.; to accept the related appraisals of fair market value; to acquire related slope easements consisting of 0.025 acres and 0.229 acres from Rivery Partners, Ltd., and to authorize the City's 4B Corporation President and the Mayor to execute the necessary documents to accomplish the transactions -- Trish Carls, City Attorney Carls explained the item. Motion by Snell, second by Sansing to approve the exchange of right of way. Approved 7-0. Brandenburg said this item would go to the Georgetown Transportation Enhancement Corporation for their approval on Monday, December 2. X Consideration and possible action to authorize the Mayor to appoint a committee to review the City's current Impact Fee structure and recommend to Council a revised structure -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs explained that part of the process to provide utilities is to charge impact fees. He said the state requires a review every five years by a review committee. He recommended that the Georgetown Utility System Advisory Board officials and a resident of the ETJ, Marion Jones, be nominated to form the committee. Motion by Sansing, second by Noble to authorize the Mayor to appoint the committee, and that once the review is accomplished, this committee is to be disbanded. Approved 7-0. Y Consideration and possible action to engage the professional services of HDR, Inc. and CDM, Inc. for the study and development of new impact fees for the water and wastewater utilities -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs explained there would be extensive work to be done in studying the impact fees for water and wastewater. He said HDR and CDM have done an excellent job for the City in the past, and staff is recommending that they be engaged to work on the impact fees. Noble asked and Briggs explained the reason for hiring both firms is because HDR would deal with the financial portion of the study, and CDM would handle the engineering. Motion by Noble, second by Evans to approve hiring HDR and CDM. Approved 7-0. City Council Meeting Minutes/November 26, 2002 Page 8 of 11 Pages Z Consideration and possible action regarding the renewal of the contract with TIP Development Strategies, Inc. as the City's business retention and recruitment contractor -- Charlie Walker, Manager of Ecomonic Growth and Planning and Paul E. Brandenburg, City Manager Walker noted that the EDC recommended unanimous approval of the renewal of the contract. Brandenburg said this contract will "fill in gaps" from the past and he outlined some minor changes in the wording of the contract as requested by TIP Development Strategies. Walker said the outside retainer will have to be approved by the City Manager. He said, in the past, there had not been as much direction to the contractor. He said this time the monthly progress reports will go to Brandenburg and be copied to the EDC and Council. Pfiester asked for assurance that the process for the Unified Development Code would not be delayed. Sansing asked if other firms were considered. Walker replied that in February there were approxijmately 20 companies reviewed for consideration. He said not all $150,000 will be spent on TIP. He said there will be room to hire other companies as well. Sansing and Noble expressed reservations about the quality of work product from TIP Development Strategies in the past. Navarrette questioned the timeline. Brandenburg said this is firm direction where there has been no direction before. Navarrette said he thought the previous contractor, Georgetown Industrial Foundation, had already dealt with some of these issues that are scheduled to be handled by TIP. Brandenburg said the priorities* to be handled by TIF will be (1) analysis of current economic development efforts and recommendations for improvement; (2) business/industrial site inventory; (3) implementation of the marketing plan; and (4) implementation of the Economic Incentive Policy and Incentives (*as listed on the agenda item cover sheet as Items 1-3 and 5). Motion by Evans, second by Snell to approve the contract with TIP Development Strategies as the City's business retention and recruitment contractor with the changes to the contract stated by the City Manager. Approved 7-0. AA Consideration and possible action on an award of the contract for consultant services related to the Georgetown Overall Transportation Plan to Wilbur Smith Associates in the amount of $174,799.00 — Ed Polasek, Chief Long Range Planner, Amelia Sondgeroth, Director of Planning and Development Services, and Micki Rundell, Director of Finance and Administration Polasek noted that the GTEC Board had approved this item and it is a part of the GTEC Budget. He said some changes have been made to the RFP that weren't in the original GTEC budget. He said the overall cost was above the $175,000 originally budgeted. He said the GTEC Board voted to phase the plan and get started as soon as possible with the first draft. Evans said it is very important to get our transportation plan to the Texas Department of Transportation so plans can be made as soon as possible. Sansing suggested that the City could hire staff to accomplish some of the things for which consultants are being hired. Motion by Evans, second by Pfiester to award a contract to Wilbur Smith and Associates. Approved 7-0. BB Consideration and possible action a Public Review Final Plat for 30.12 acres out of the Frederick Foy Survey, to be known as Woodland Park Subdivision, Phase 3C, located on Woodland Park Drive, with variances to the Subdivision Regulations -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Benton explained the item and explained that the three variances are the same as requested in previous phases. She said there is a condition upon the approval that the Williamson County Commissioners Court must also approve the 50 -foot right of way consistent with past phases and that roadside channels are added during the construction plan and record final plat process if further review determines they are needed. She noted that the Planning and Zoning Commission recommends approval. Motion by Noble, second by Sansing to approve, including the findings of fact as stated in the agenda item cover sheet. Approved 7-0. CC Consideration and possible action a Public Review Final Plat for 19.139 acres out of the Frederick Foy Survey, to be known as Sun City Georgetown, Neighborhood 16-3, and located on Sun City Boulevard — Mclissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Carls noted that this item should follow Item GG. DD Consideration and possible action on a Concept Plan for 120.59 acres, out of the Lewis P. Dyches Survey, and also being a portion of Lot 1 and all of Tracts 2-7 of North Lake Subdivision, Section G, to be known as Walnut Springs, located at the intersection of FM 3405 and CR 261 — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services City Council Meeting Minutes/November 26, 2002 Page 9 of 11 Pages McCollum explained the item and said it would be done in two phases of 50 lots and 48 lots. She said they are proceeding with their public review final plat, and they are paying fees in lieu of parkland dedication. Motion by Navarrette, second by Pfiester to approve the Concept Plan. Approved 7-0. EE Second Readings 1. Franchises a. Second reading of an Ordinance amending the existing gas franchise between the City of Georgetown and TXU Gas Company, to provide for a different consideration and to authorize the lease of facilities within the City's rights of way -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs read only the caption on second reading. Snell asked for a quick review of the purpose for this ordinance. Briggs said the increase is the result of a court case and part of a settlement with TXU. He said these rates will go into effect on December 21. Motion by Pfiester, second by Smith to approve Ordinance No. 2002-69. Approved 7-0. b. Second reading of an Ordinance amending the existing electric franchise between the City of Georgetown and Oncor Electric Delivery Company, to provide for a different consideration -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Brigss read only the caption of the ordinance on second reading. Motion by Pfiester, second by Sansing to approve Ordinance No. 2002-70. Approved 7-0. FF 2. Annexations a. Second Reading of an ordinance providing for the annexation into the City for 4.825 acres, more or less, in the Frederick Foy Survey, that are the remaining portions of Neighborhood 16, located east of Sun City Boulevard and west of Dove Hollow Trail, to be known as Neighborhood 16-3, Sun City Texas — Ed Polasek, Chief Long Range Planner, Amelia Sondgeroth, Director of Planning and Development Services Polasek read only the caption of the ordinance on second reading. Motion by Evans, second by Pfiester to approve Ordinance 200241. Approved 7-0. b. Second Reading of an ordinance providing for the annexation into the City of 11.67 acres, more or less, in the Joseph B. Pulsifer Survey, located north of Spring Valley Road and east of the North San Gabriel River — Ed Polasek, Chief Long Range Planner, Amelia Sondgeroth, Director of Planning and Development Services Polasek read only the caption of the ordinance on second reading. Motion by Smith, second by Sansing to approve Ordinance 2002-72. Approved 7-0. GG 3. Rezoning a. Second Reading of an Ordinance Rezoning a total of 19.139 acres, out of the Frederick Foy Survey, being 4.825 acres, from A, Agricultural to RP, Residential Planned, or more restrictive district, and 14.314 acres, from RP, Residential Planned, to RP, Residential Planned with a revised site plan, or more restrictive district, to be known as Sun City Georgetown, Neighborhood Sixteen -3, and located on Sun City Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum explained the ordinance and read only the caption on second reading. Motion by Noble, second by Sansing to approve Ordinance 2002-73. Approved 7-0. CC Consideration and possible action a Public Review Final Plat for 19.139 acres out of the Frederick Foy Survey, to be known as Sun City Georgetown, Neighborhood 16-3, and located on Sun City Boulevard — Mclissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Motion by Noble, second by Sansing to approve the Public Review Final Plat. Approved 7-0. City Council Meeting Minutes/November 26, 2002 Page 10 of 11 Pages HH Public Hearings and First Readings for Planning and Development Items 1. Public Hearing for rezoning a total of 40.521 acres, out of the Burrell Eaves Survey, to be known as Sun City Georgetown, Phase 2, Neighborhood Thirteen -B, from RP, Residential Planned to RP, Residential Planned Revised, or more restrictive district, located on Sun City Boulevard — Mclissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum explained the item. The public hearing was opened at 9:48 p.m. There were no comments. The public hearing was closed at 9:48 p.m. 2. First Reading of an Ordinance rezoning a total of 40.521 acres, out of the Burrell Eaves Survey, to be known as Sun City Georgetown, Phase 2, Neighborhood Thirteen -B, from RP, Residential Planned to RP, Residential Planned Revised, or more restrictive district, located on Sun City Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum explained the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Evans, second by Sansing to approve the ordinance on first reading. Approved 7-0. 3. Public Hearing for rezoning 15.832 acres out of the David Wright Survey No. 13, from "A", Agricultural to "C-1 ", Local Commercial, or more restrictive district, located at the southeast corner of Williams Drive (FM2338) and Cedar Breaks Road (4300 Williams Drive) -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray explained the item and noted that the Planning and Zoning Commision had recommended approval. The public hearing was opened at 9:51 p.m. There were no comments. The public hearing was closed at 9:51 p.m. 4. First Reading of an Ordinance rezoning 15.832 acres out of the David Wright Survey No. 13, from "A", Agricultural to "C-1 ", Local Commercial, or more restrictive district, located at the southeast corner of Williams Drive (FM2338) and Cedar Breaks Road (4300 Williams Drive) -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray explained the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Pfiester to approve the ordinance on first reading. Approved 7-0. The meeting was adjourned at 09:53 PM. Approved Mayor G,4y Nelon ` City Council Meeting Minutes/November 26, 2002 Page 11 of 11 Pages City Secretary Sandra