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HomeMy WebLinkAboutMIN 07.12.2005 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present: Council Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry All Council Present Carr, John Kirby, Farley Snell, Ben Oliver Staff Present: { Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki 11 Rundell, Director of Finance and Administration; Laurie Brewer, Controller; Glenn Dishong, Water Services Manager; Mark Miller, Transportation Services Manager; Mark Thomas, Economic Development Directors; Kimberly Garrett, Assistant Director of Recreation and Programs; Randy Morrow,,, Director of Community Services; Terri Calhoun, Paralegal; Mike Mayben, Energy Services Manager; Ed Polasek, Chief Long -Range Planner; Hank Cabaniss, Claims Specialist; Keith Hutchinson, Public Information Officer A Section 551.071 - Consultation with Attorney 1. Discussion and possible action regarding legal issues related to pending real estate contracts with Williamson County for the sale of a 1.239 acre site consisting of Lots 1, 21 3 and 4 of Block 43; Lot 5 and a portion of Lots 3, 4, and 6 of Block 42; and a portion of Forest Street (abandoned) of the City of Georgetown, Williamson County, Texas, and 0.004 acre (172 square feet) of land, more or less, being a portion of 8th Street, City of Georgetown, Williamson County, Texas; and the purchase of Lots 1-8, Block 23, of the City of Georgetown, Williamson County, Texas 2. Discussion of legal issues related to to the City's annexation strategy with regard to voluntary and unilateral annexations 3. Discussion and possible action regarding legal issues related to the acquisition of right of way for and the construction of the proposed Southeast Arterial 1 and a connector road between SH 29 and Rivery Blvd (Hacia Los Lobos) including a discussion of assessments 4. Discussion and possible action relating to assessments for improvements for SH 29 B Section 551.072 - Deliberations Regarding Real Property 1. Discussion and possible action regarding amendments to pending real estate contracts with Williamson County for the sale of a 1.239 acre site consisting of Lots 1, 2, 3 and 4 of Block 43; Lot 5 and a portion of Lots 3, 4, and 6 of Block 42; and a portion of Forest Street (abandoned) of the City of Georgetown, Williamson County, Texas, and 0.004 acre (172 square feet) of land, more or less, being a portion of 8th Street, City of Georgetown, Williamson County, Texas; and the purchase of Lots 1-8, Block 23, of the City of Georgetown, Williamson County, Texas 2. Discussion and possible action regarding acquisition of right of way for the proposed Southeast Arterial 1 and a connector road between SH 29 and Rivery Blvd (Hacia Los Lobos) C Section 551.087 - Deliberation Regarding Economic Development Negotiations Discussion and possible action relating to possible location of an airport museum in the City of Georgetown and potential offers of financial or other incentives for such a business in the City There was no Executive Session held at this meeting. City Council Meeting Minutes/July 12, 2005 Page 1 of 6 Pages D Call to Order Mayor Nelon called the meeting to order at 6:00 p.m. Pledge of Allegiance Mayor• '• the Pledge. F Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. - Review of new procedure for addressing the City Council Mayor Nelon explained the new procedure for addressing the City Council. G Announcements and Comments from City Manager Brandenburg made the following announcements: - The Arts and Culture Board applications deadline is August 1. - The Police Department encourages neighbors to participate in the National Night Out on August 2, and advised further information is available on the City website. Sansing apologized to Renee Hanson about a previous statement made publicly. H Public Noshing to Address Council -Sandra Taylor, Pedernales Electric Cooperative, Inc. (PEC), regarding the Cooperative's activities in the Georgetown area. Nathan Burns of PEC, presented the $9,358.00 franchise check. He said PEC has over 13,000 miles of overhead line and over 12,000 miles of underground line. He noted that during the first quarter of 2005, there were 332 power interruptions due to lightening, 222 interruptions due to animal contact, and problems with trees. Action from Executive Session on Monday, July 11, 2005 Motion by Smith, second by Carr to authorize staff to finalize and send the draft letter dated June 23, 2005, that the City Council reviewed in Executive Session last night to the Wolf Family regarding the terms for acquisition of right of way and construction of the proposed connector road to be constructed between State Highway 29 and Rivery Boulevard. Kirby addressed the Council regarding property owner assessments as a source of revenue for construction of roads. He said the sales tax revenue is not enough to build the roads that are needed. He said state statutes allow assessment of up to 90% as long as the road is an asset to the property. He spoke about a specific proposition. Motion by Kirby, second by Smith to amend Smith's motion to direct staff to amend the draft letter to the Wolf Family dated June 23, 2005, that the City Council reviewed in Executive Session last night regarding the terms for the acquisition of right of way for and construction of the proposed connector road to be built between SH29 and Rivery Blvd., to remove the second full paragraph on page 2 of that letter and replace it with the following: "in recognition of your agreement to donate land to the City for the proposed road, the Project will be constructed without assessment to owners of the properties located immediately adjacent to the new road for the costs of the right of way. However, the City Council reserves the right to make an assessment against the adjacent tracts for the actual costs of constructing the road if it is built by the City." Smith asked for further explanation. Kirby said the City shouldn't assess the Wolf Family for the value of the right of way that they contributed, but if the City is required to build the road itself, then, and if it results in enhancement in the value of the right of way, they should be assessed for increased value based on the cost of constructing the road. Smith said he agrees there is a need for additional sources of revenue for construction of roads, and this road from SH29 to Wolf Ranch would be a good candidate because it opens that property for development, but he will not support the amendment, because the staff has made commitments to the Wolf Family that there would be no assessments, so the City should not go back on that promise. Oliver agreed with Smith that assessment would be a good way to increase revenue, but the Council reviewed those letters in Executive Session and it would not be a good idea to change now. Sansing agreed with Smith and Oliver. Vote on the amendment: Denied 1-6. (All Councilmembers except Kirby opposed) Vote on original motion: Approved 64. (Kirby opposed) Oliver asked for a workshop regarding the assessment process. Brandenburg said he would recommend that the Transportation Advisory Board take up that project and bring it to the Council. Motion by Kirby, second by Smith to direct the staff to determine the value of the incremental benefit of the project relating to the widening of SH29 that is currently underway from the point just east of D.B. Woods Road to the intersection of SH29 with IH35 South for purposes of determining whether to City Council Meeting Minutes/July 12, 2005 Page 2 of 6 Pages assess the adjacenL .ioperty owners for the value of the benefit received from the road widening. Smith said he does agree with Kirby that the City needs assessments for further revenue, but in this case, it would be difficult for staff to come up with the number that Kirby referred to, and he thinks this project is well underway and the time for assessments should have occurred earlier. Kirby asked if anyone from staff could come up with such a number. Briggs said it would be necessary to pick a point in time to determine the place to begin and a place to end, saying it would be difficult for appraisers to ascertain, and he doesn't know how accurate it would be. Nelon said this vote should be to determine if Council wants staff to look at methodology to accomplish this. Kirby said he wants Council to be provided with sufficient information as to whether to make assessments or not. Carr asked and Briggs noted that the City is "within" budget for the acquisition of right of way, but said, as Kirby noted, the City is probably paying more than first anticipated. Nelon confirmed with Briggs that Simon picks up any overage as a provision of the contract. Vote on the Motion: Denied 1-6. (Eason, Sansing, Smith, Carr, Snell, Oliver opposed) Motion by Sansing, second by Kirby to direct staff to pursue the Texas Aviation Historical Museum with an offer as discussed in Executive Session last night. Approved 7-0. Mayor Nelon asked and Carls responded that no action is necessary regarding the purchase of property from the County. J Consideration and possible action to approve the minutes of the Council Workshop on Monday, June 27, and the regular Council Meeting on Tuesday, June 28, 2005 -- Sandra D. Lee, City Secretary K Consideration and possible action to apply for the Urban Forestry Partnership Grant Program in the amount of $25,000 for an Urban Forester position -- Kimberly Garrett, Assistant Director of Recreation and Randy Morrow, Director of Community Services L Consideration and possible action to amend the Professional Services Agreement between the City of Georgetown and Camp, Dresser, and Mckee, Inc. for services related to the easement acquisition of 4.019 acres of US Corps of Engineer Land for $30,800.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager of Utilities Motion by Eason, second by Sansing to approve the Consent Agenda with corrections to the minutes. Approved 7-0. Legislative Regular Agenda M Discussion and possible action to recommend the Fiscal and Budgetary Policy to be used in preparing the 2005/06 Annual Operating Plan and to guide operations for the upcoming fiscal year -- Micki Rundell, Director of Finance and Administration Rundell noted that last night there was a review of the revisions at the Monday night workshop, and listed those revisions. Motion by Sansing, second by Carr to approve the Fiscal and Budgetary Policy. Approved 7-0. N Consideration and possible action regarding a resolution approving the extension of the existing depository agreement between the City and Union State Bank for a one-year period ending August 31, 2006 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Brewer explained that staff is recommending an extension of the agreement with Union State Bank based on service and cost of service. Motion by Carr, second by Smith to approve the resolution. Approved 7-0. O Consideration and possible action regarding a resolution approving an amendment to the 2004105 Georgetown Transportation Enhancement Corporation budget in the amount of $2,158,525 -- Micki Rundell, Director of Finance and Administration Carr asked that this item be delayed until the next Council Meeting. P Consideration and possible action to approve a resolution prioritizing areas for possible annexation, soliciting voluntary annexation, initiating exempted annexations, and initiating the municipal annexation plan process consistent with Chapter 43 of the Texas Local Government Code -- Edward G. Polasek, Chief Long Range Planner and Tom Yantis, Assistant City Manager City Council Meeting Minutes/July 12, 2005 Page 3 of 6 Pages Polasek noted that this iL. ,n was discussed in length at the last Council Meting, but there were two councilmembers absent, so the item was brought back for action. He noted that there were 43 areas recommended but that has now been cut to 39 and a revised map was distributed on the dais. He explained the four areas that were removed from the priority list and described the priority areas totaling 5,367 acres, noting that is more than the amount of 5,034 acres which would be allowed, saying 333 acres would have to be voluntarily annexed or the total acreage to be annexed would need to be reduced by that amount in order to be legal. Polasek explained the banking of acreage. There were questions about the annexation of the Corps of Engineers property, and Polasek noted that it is a public safety issue regarding the jurisdiction of the City police department or county sheriffs office. Eason asked about the Williams Drive Infill. Polasek said Area 13 was chosen in order to close a gap in police jurisdiction. He noted that businesses that have septic will be allowed to connect to the City wastewater line. Sansing asked and Briggs noted that the impact fee is the same for businesses inside or outside the City, but the rate will be different. He said GUS will look at that policy in order to possibly give incentive to get properties off septic and onto wastewater to protect the Acquifer. Speaker, Betty Liese, told Council she and her husband own 97 acres that front on Williams Drive. She said their property is designated as a wildlife habitat, and they want to be able to continue openly burning brush and hunting deer. She asked why two subdivisions west of their property have been excluded from the proposed annexation, even though their sewer lines cross her property. Speaker, Milton Liese, asked what the benefits would be for him and his wife and for the City. He said since they have invested in putting in their own utilities and have no plans for further development, he feels there would be no point in annexation at this time. He noted that the tax base will not change. He said he and his wife had allowed a development to cross their property, but they are not attached to the City sewer system and are still on septic. Speaker, Wes Poarch, said he is the owner of 102 acres, known as Windsong Farm, and asked not to be annexed because they have no intention of changing their operations and enjoy the seclusion. He said Dr. Hal Gaddy asked him to tell the Council that he wishes not to be included either. Oliver asked and Polasek noted that Texas Traditions is one of those subdivisions adjacent to the Liese property, but there is an agreement not to annex Texas Traditions for a period of time. Polasek explained that to maintain the 1000 foot width, entire parcels would need to be brought into the City. Ms. Liese said the other subdivision is the Enclave that fronts Williams Drive. Briggs said it can't be brought into the City because part of that development is on septic. Nelon asked and Polasek noted that the jurisdiction is confusing for the police department and the county. Polasek also said that Sun City Blvd. is outside the City at the signaled intersection with Williams Drive. If all the right of way along Williams Drive were in the City, that would clean up the jurisdiction confusion. Carls noted that there has been new legislation, Senate Bill 34, and suggested the Lieses check to see if their property qualifies. She said certain exceptions would allow the discharge of firearms and bows and the burning of brush. Motion by Carr, second by Snell to approve the attached resolution and exhibits with the amended Exhibit A, to include annexation priorities found in the following four catagories: Part 1: 1. October -December 2005 Annexation areas, and it's subareas of: Route to Escalera; Transit Area; Police Jurisdiction; Corps of Engineers Property Clean-up; and SH 130 Area 2. 2005 Priorities Annexation areas, and its subareas of: Corps of Engineers Property Clean-up; Transit Area; SH 130 Area; 195 Corridor; and Infill Annexations 3, Annexation Plan Area, and 4. Other Priority Annexations. Part 2: Authorize staff to initiate unilateral annexations in those areas identified in the October — December 2005 Annexation areas following the October — December 2005 Annexation Calendar, and directing staff to work with property owners to receive 333 acres of voluntary annexation request in these areas, or reduce the total area to 5,034.4 acres by October 31, 2005. Part 3: Directing staff to bring back an annexation calendar and priority list based on the 2006 Priorities Annexation areas by October 31, 2005. City Council Meeting Minutes/July 12, 2005 Page 4 of 6 Pages Part 4: Authorize staff to initiate the unilateral planned annexation of the Crystal Knoll subdivision. And directing staff to report back to City Council no later than October 31, 2005, with an Annexation Plan amendment that will initiate the three-year planning process for annexation. O Consideration and possible action to direct staff to solicit voluntary inclusion in the City's extraterritorial jurisdiction (ETJ) -- Edward G. Polasek, Chief Long Range Planner and Tom Yantis, Assistant City Manger Polasek noted that staff had been directed to send letters to Areas A, B, C, and D on the ETJ map. He said the Mayor has signed 644 letters that have been mailed to request that property owners voluntarily come into the ETJ. He said large parts of Areas E and F will come into the ETJ over the next couple of years, but it is desired that they be included now in the comprehensive planning process, so another 100 or so letters need to be mailed. Snell asked for clarification regarding the parcels that might refuse to voluntarily enter into the City of Georgetown ETJ. Polasek noted that the letters received from property owners who do not wish to voluntarily enter the ETJ would be filed and probably kept informed of planning updates for a number of years. Motion by Snell, second by Smith to direct staff to solicit voluntary inclusion in the City's ETJ. Approved 7-0, R Discussion and possible action to approve the First Amendment to the Declaration of Inner Loop Commercial Park Restrictions and Covenents, to remove from the Restrictions and Covenants the portion of Inner Loop Commercial Park lying south of Inner Loop Road -- Paul Brandenburg, City Manager Brandenburg explained the item, saying that the City owns property in the Commercial Park and therefore is being asked to respond. Sansing said he understands the County has approved this amendment. Motion by Sansing, second by Smith to approve the amendment. Approved 7-0. S Consideration and possible action to authorize the Mayor to sign a letter to the Texas Department of Transportation (TXDOT) requesting a payment date of no later than November 1, 2006 for the payment of the City of Georgetown's share of the right of way and utility re -location expenses associated with the widening of Williams Drive (FM2338) in Georgetown -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item, saying the City's portion of the acquisition and utilities to be relocated would create a need for the City to pay 10% of the cost. He said, atone time, this amount was budgeted, but was removed because it was thought that the project would not be started for several years. He said it will be included in the 5 -year Transportation Improvement Plan for GTEC next week so it will be paid at the end of next year's fiscal budget. Motion by Snell, second by Oliver to authorize the Mayor to sign the letter. Snell said he realizes the misunderstanding and anticipates that it will go smoothly, but in fact, the Council will obligate the City for $1,200,000 before the money is approved to be available in the budget as of October 1, 2005. Briggs confirmed that, as far as the sequence, Snell is correct, but as far as requesting the funds, the City had just been notified within the last eight weeks, so TXDOT is waiting for the County and the City to say that they will fund. He said that TXDOT will not bill until next year and will go ahead and start the project as soon as they have the letters from the City and the County. Rundell said this would be recommended for funding through ETEC, much like a development agreement. She explained the process that would include funding 60 days after a public hearing. She said if GTEC doesn't fund, the City would find alternative means to fund the project. Approved 7-0. T Second reading of an ordinance amending Title 2 of the Code of Ordinances entitled "Administration" to establish the Georgetown Transportation Advisory Board (TAB) -- Jim Briggs, Assistant City Manager for Utility Operations and Paul Brandenburg, City Manager Briggs read only the caption of the ordinance on second reading. He noted that the ordinance language was adjusted from the first reading and read the change regarding the composition of the board. Smith said he thought there could be some redundancy in the language regarding the number of councilmembers on the board. Carls suggested that the motion be worded such that the board would consist of seven members, no more than two of which would be members of the City Council. Motion by Smith, second by Eason to approve the ordinance with the incorporation of Carls' suggested language. Kirby expressed a desire to have representatives from TXDOT and other area transportation agencies on the board. Nelon noted that there was an extensive discussion at the last council meeting regarding the selection process, City Council Meeting Minutes/July 12, 2005 Page 5 of 6 Pages and the Council took aa..,,i to make that language a part of the ordinance: Jliver noted that there had been discussion regarding a technical advisory committee for the Transportation Advisory Board (TAB). He said the TAB needs to be a Georgetown board, and he doesn't want members on the board that don't have Georgetown interest. Sansing said he will vote against this again and thinks that the Council should not be members of the board, and he would like to see someone with a broader view on the board such as the County Engineer. Motion by Kirby, second by Sansing to amend to include the membership proposed by staff at the previous council meeting. Denied 2-5. (Eason, Smith, Carr, Snell, Oliver opposed) Vote on original motion: Ordinance 2005-40 Approved 5-2. (Kirby and Sansing opposed) The meeting was adjourned at 07:31 PM. WE Mayorary City Council Meeting Minutes/July 12, 2005 Page 6 of 6 Pages Attest:: City Secretary Sandra Lee