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HomeMy WebLinkAboutMIN 05.10.2005 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: 11 Council Absent: 11 Patty Eason, Gabe Sansing, Doug Smith, Henry ii All Council Present Carr, John Kirby, Farley Snell, Ben Oliver Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Laura Brewer, Controller; Anthony Lincoln, Fire Chief; Clay Shell, Assistant Fire Chief; Randy Morrow, Director of Community Services; Keith Hutchinson, Public Information Officer; Eric Lashley, Library Director Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - Legal Advice Regarding Agenda Items and other Matters - Discussion and possible action regarding status of ETJ Agreement and Water and Wastewater CCN protests with City of Leander - Discussion and possible action regarding actions of Special Commissioners Court for Condemnation related to acquisition of right of way and easements for improvements to SH 29 B Sec.551.072 Deliberation Regarding Real Property - Discussion and possible action regarding acquisition of real property for city facilities or utilities consisting of approximately 0.5 acres - Discussion and possible action concerning the acquisition of right of way and easements for improvements to SH29 C Sec.551.074 Personnel Matters - Annual Performance Evaluation of City Manager There was no Executive Session held at this meeting. D Call to Order Mayor Nelon called the meeting to order at 6:00 p.m. E Pledge of Allegiance Mayor Nelon led 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 reviewed the new procedure. City Council Meeting Minutes/May 10; 2005 Page 1 of 5 Pages Mayor Nelon recognized Becky Sellers of the Williamson County Sun, and noted that she will be leaving Georgetown for a position with a local magazine in Corsicana. G Announcements and Comments from City Manager Brandenburg announced that a Special Council Meeting will be held on Tuesday, May 17, at 5:00 p.m. in the Council Chamber to canvass the results of the General/Special Election held on Saturday, May 7, 2005. H Public Wishing to Address Council As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. Action from Executive Session on Monday, May 9, 2005 Motion by Smith, second by Carr to authorize the Mayor to sign a purchase agreement with the owner of unimproved real property located in the Highland Park Subdivision at the amount offered by the seller, and to authorize the staff and Mayor to take any and all other actions necessary to complete the acquisition of the property. Approved 7-0. Statutory Consent Agenda J Consideration and possible action to approve the minutes of the Council Workshop on Monday, April 25, and the regular Council Meeting on Tuesday, April 26, 2005 -- Shirley J. Rinn, Deputy City Secretary and Sandra D. Lee, City Secretary K Consideration and possible action on permitting the Georgetown Public Library to apply for a grant of approximately $2,500 from Target -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services L Consideration and possible action regarding the renewal of the Fire Billing for Services contract with ICProcess.com -- Anthony Lincoln, Fire Chief M Consideration and possible action to enter into a Professional Services Agreement with HDR Engineering, Inc. for services related to Water and Wastewater Impact Fee Update at a cost of $24,968.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Motion by Snell, second by Oliver to approve the entire Consent Agenda. Approved 7-0, Legislative Regular Agenda N Consideration and possible action on the adoption of a resolution establishing an Arts and Culture Board, declaring its functions and purposes, and directing staff to draft an ordinance to formally create the Board -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Lashley explained the purpose of the resolution, reminding Council of the workshop discussion on Monday. Mayor Nelon said the draft resolution contained a membership of from 11-17 and suggested that Council use the lower of those two numbers to establish the membership. Oliver said he thinks there should be adequate citizen participation and asked Lashley to comment on the proposed qualifications of the membership. Lashley noted that research was done regarding other arts and culture boards and said it was thought there should be a seat for representatives from Southwestern and GISD and also persons with artistic backgrounds or interest in the arts. Public Information Officer, Keith Hutchinson, suggested there be persons with arts marketing, arts business, and visual arts experience, but suggested leaving the membership flexible. Sansing suggested an arts student from Southwestern, and members from the Parks and Convention and Visitors' Boards. Kirby expressed concern that there is not enough Council District representation on many of the boards and commissions so he suggested there be a total of 11 members, but there should be one representative from each of the seven council districts. Smith said when the Council committee chooses the members of the boards, there is more leeway for appointing qualified persons and he doesn't think there should be anyone designated from certain districts or in specific categories. Eason said there is a policy that one person cannot be a member on more than one board, so that would need to be considered, as well. Carr said he thinks the board should contain 9 members with unlimited advisors. Motion by Carr, second by Sansing to adopt Eric's recommendation except that the number of seats should be nine. Motion by Smith, second by Oliver to amend the previous motion to have a membership of 11 members. Eason said she would not be able to support the amendment and recalled her experience with the Main Street Advisory Board, saying it was first established with five members with subcommittees of people from outside the board. Vote on the amendment: Denied 3-4 (Eason, Carr, Snell, and Sansing opposed) Motion by Kirby to amend the motion that there be a person from each district on the board. The motion died for lack of second. Vote on the original motion: Approved 6-1. (Kirby opposed) City Council Meeting Minutes/May 10, 2005 Page 2 of 5 Pages O Consideration and possiute action to approve a loan for the San Gabriel ovnior Village project in order to assist the project in receiving housing tax credits for the creation of affordable housing units in Georgetown -- Councilmember Patty Eason Yantis explained the application process for obtaining housing tax credits and called Council's attention to the information that was provided in the packet. Yantis said there are two developers competing for the housing tax credits. He said this applicant has requested a loan from the City of $360,000 for the offsite improvements to the project. He said one of the scoring criteria is regarding financial support from a local organization. Yantis said that Garry Kimball, City Financial Adviser from First Southwest Company and City staff have reviewed this issue. He said there is no policy regarding affordable housing. He noted that a task force has been formed. He said staff is recommending this development because it would not create much responsibility for the City other than the short-term loan funds. He said the project has received positive response from the neighborhood association from the area in which it would be built. Eason asked that the applicant come forward to give his presentation. She said she is pleased with the applicant's experience on these kinds of projects. Colby Denison displayed some pictures of their past projects in the state. He said they are proposing a 100 -unit affordable housing project for seniors. He stressed that the Texas Department of Housing and Community Affairs (TDHCA) has put great emphasis in their application process that the applicant receive funding support from cities and/or counties. He said the applicant is competing with other developers throughout the nine -county Austin area. He said the Wesleyan project received support from the Georgetown Housing Authority. He introduced his partners, Leslie Holleman, Cynthia Bast, and Gary saying they are providing the security and cash capital to back the loan, so there is no risk to the City. Kirby expressed concern regarding ongoing maintenance of the property, and Denison said he would defer the answer to this question to his partners who are putting the funding into the development. Nelon pointed out that there is a specificaiton in the application to the State that requires regular maintenance or they would lose their tax credits. Gary Robinson said his company, Raymond James Tax Credit Funds, is the 18th largest apartment owner in the U.S. He said his company has currently 1000 tax credit projects across the country in 43 states, many in Texas. He said his company is a conduit for institutional investors. He said his company's role is to be the "watch dog" for his company's capital. He said his company receives financial quarterly and occupancy reports from their properties to keep them informed and they visit each site once a year. Smith noted that this is the only one that Council has been asked to support with a loan. Yantis explained that the Wesleyan was able to obtain housing vouchers from the Housing Authority so that is how they qualified. He said Denison has chosen to come to the City for support. There was discussion that the developers of the Northwest Residential development have not yet come to the Council for support. Denison asked Cynthia Bast to repond regarding the tax credit program. She said this particular provision regarding local community support is new this year. Snell asked for clarification, and Bast responded that the rules speak to loans, saying that will qualify. It was explained that this is a cash -based collateral with no risk to the City. Speaker, Renee Hanson, on behalf of the Heart of Georgetown Neighborhood Association, told Council that the Association wrote a letter of support for the development and they have been told that they will have an ongoing relationship with the developer regarding the project. Motion by Smith, second by Carr to approve the loan. Motion by Eason as a friendly amendment that the City ensure that the loan documentation addresses the conditions in Garry Kimball's May 5, 2005 letter that stated that the representations in the February 23, 2005 Letter from the developer and the cash collateral can be legally assigned to the City as security for the City loan prior to any City funds being disbursed. Approved 64. (Kirby opposed) P Consideration and possible action regarding a resolution expressing the position of the City Council on various land use and development annexation and nuisance regulation bills by the 79th Texas Legislature and on the powers of Texas municipalities in regard to the local governance and management of cities -- Patricia E. Carls, City Attorney Carts read the caption of the resolution and explained the purpose. Motion by Carr, second by Eason to approve the resolution. Approved 7-0, City Council Meeting Minutes/May 10, 2005 Page 3 of 5 Pages 1. Second Reading of co Ordinance Amending the following Section Ot Lfie Unified Development Code (UDC): 1.14; Table 2.01.020; 2.02.010; 2.04.010; 3.08.050(J); 3.13(E); 3.16; 4.06,020(A); Table 5.01.020; 5.02.120; 5.02.140(B)(1)(C); 6.01.030(8); Table 6.03.020; 7.04.030(C)(1); 8.02.020; 8.05; Table 9.02.030(A); 9.02.060(E)(2); 10.03.020(8); 10.03.020(C); 10.03.020(K); 10.03.020(M); 10.06.030(C)(1); 10.06.040; 10.06.050; 11.02.020(A)(3); 11.03.050; 11.03.060(A); 11.03.060(8); 11.05.030(F); 12.02.020; 12.03.010; 12.04.020; 13.01; 13.05.010; 13.07; 16.04 AND 16.05 -- Bobby Ray, Interim Director of Planning and Development Yantis read the caption of the ordinance on second reading. He explained some clarifications from the last reading. Snell asked about some wording changes. Yantis also noted that the staff has made a list and pictures of the contributing properties that are compaitble to the Williamson County Courthouse National Register. Nelon asked and City Historic District Planner, Rebecca Rowe, explained that there are other properties that have other markers, but are not a part of this specific register. Motion by Oliver, second by Sansing to approve Ordinance 2005-32, with the word "must" changed to "shall" on Page 6 of the Ordinance, referencing "B. Height -- Requests for Height Exceptions." Approved 7-0. Nelon complimented the staff. 2. Second Reading of an Ordinance on a Comprehensive Plan Amendment to change the Future Land Use from Commercial and Industrial to Residential allowing multi -family use and to change the Intensity Level from Level 3 to Level 4, for 7.53 acres known as City of Georgetown, Division A, Outlots 81 10, and 11 to be known as the San Gabriel Senior Village, located at 1900, 1906, and 1910 Leander Street -- Bobby Ray, Interim Director of Planning and Development Yantis read only the caption of the ordinance on second reading. Motion by Eason, second by Sansing to approve Ordinance 2005-33. Approved 7-0. 3. Second Reading of an Ordinance Rezoning from C-1, Local Commercial and IN, Industrial districts to MF, Multifamily district for 7.53 acres known as City of Georgetown, Division A, Outlots 8, 10, and 11, to be known as the San Gabriel Senior Village, located at 1900, 1906, and 1910 Leander Street -- Bobby Ray, Interim Director of Planning and Development Yantis read only the caption of the ordinance on second reading. Motion by Eason, second by Carr to approve Ordinance 2005-34. Approved 7-0. R Discussion and possible action to accept the Mid Year Status Report to Council -- Micki Rundell, Director of Finance and Administration and Paul Brandenburg, City Manager Rundell recalled to Council the presentation of the Mid Year Status Report at the Workshop on Monday. Oliver asked about the new Emergency Service District (ESD) and the $60,000 payment from the County for service outside the city limits. Brandenburg explained that the ESD money will be available in January. Rundell said the City would still get their $60,000 from the County next year and said she didn't know the process for the ESD payments. Brandenburg said there will be other negotiations with the County involving EMS services. Motion by Carr, second by Oliver to approve acceptance of the Mid Year Status Report. Kirby said not to let anything "get in the way of the ISO rating. Approved 7-0. S First reading of an ordinance to amend the 2004/05 Anual Operating Plan Element (budget) for various adjustments relating to staff additions, contracts, and capital improvements -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Brewer explained the amendments as discussed in the workshop on Monday, and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Kirby, second by Oliver to approve the ordinance on first reading. Snell said he would like to hear a public statement on the tower at the Airport. Yantis said there still is no final word on the site location and therefore no final figures on construction costs. He said right now the money being allotted is the grant from TXDOT. Carr asked and Rundell responded that the Fund Balance is $9 million with an additional $200,000+ from salary savings. Sansing asked and Brandenburg responded about a position for construction management of the city facilities. There were further questions and clarifications. Approved 6-1. (Sansing opposed) T Consideration and possible action to appoint Dr. Erica Haley to the Animal Shelter Advisory Board to assume the membership of Dr. Susan Hopper due to her moving out of the City -- Mayor Gary Nelon Motion by Sansing, second by Eason to approve the appointment. Approved 7-0. The meeting was adjourned at 07:10 PM. City Council Meeting Minutes/May 10, 2005 Page 4 of 5 Pages Approve s • City Council Meeting Minutes/May 10, 2005 Page 5 of 5 Pages Attest: / Sandra Lee