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