HomeMy WebLinkAboutMIN 02.22.2005 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 ( Farley Snell
Carr, John Kirby, Ben Oliver
Staff Present:
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City
Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki
Rundell, Director of Finance and Administration; Glenn Dishong, Water Services Manager; Kevin Stofle,
Assistant Police Chief; Keith Hutchinson, Public Information Officer; Ed Polasek, Chief Long -Range
„Planner; David Munk, Development Engineer
A Sec.551.071: Consultation with Attorney
- Pending or Threatened Litigation
- Legal Advice Regarding Agenda Items and other Matters
B Sec.551.072 Deliberation on Real Property
- Discussion and possible action regarding acquisition of property for downtown parking
C Sec.551.087: Deliberations Regarding Economic Development Negotiations
- Potential abatements and incentives for prospective downtown development projects
- Discussion or deliberation regarding commercial or financial information that the City has received from a business
prospect that the City seeks to have locate, stay, or expand in or near the territory of the City and with which the City is
conducting economic development negotiations
There was no Executive Session held at this meeting.
D Call to Order
The meeting was called 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
- Announcement of new procedure for addressing the City council
Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. He reminded.the
audience of the new procedure for addressing the Council.
G Announcements and Comments from City Manager
Brandenburg made the following announcements:
The City will hold elections for Mayor and City Councilmembers for Districts 2 and 6 on May 7,
City Council Meeting Minutes/February 22, 2005
Page 1 of 6 Pages
2005. The last uy to file for candidacy is March 7, 2005.
There will also be an item on the ballot for a proposed 1/4 -cent sales tax. For more information
about propositions related to the sales tax election, please refer to the City's website at
www.georgetown.orq.
Due to renovations to the Williamson County Courthouse, the Main Early Voting location has been
moved to the Lobby of the City of Georgetown Municipal Court/Council Chamber, 101 E. 7th
Street, Georgetown, Texas. Branch Early Voting will take place at the GISD Administration Building
located at 603 Lakeway Drive, Georgetown, Texas beginning on April 20th through May 3rd.
Please contact the City Secretary at 930-3652 or refer to our website at www.georgetown.orq for
more information regarding specific times for Early Voting and Election Day Voting.
Items BB -1 and BB -2 have been withdrawn from consideration on this agenda.
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
Motion by Smith, second by Oliver that the City staff be authorized to commence negotiations with the
proposed developer of the property located at 500 South Austin Avenue for City participation in funding
off-site infrastructure improvements related to the development of that property in a manner consistent
with the City's Downtown Master Plan, and to direct staff to bring back a draft of that agreement for
Council consideration. Approved 6-0. (Snell absent)
Motion by Smith, second by Sansing that the City staff be authorized to prepare a purchase agreement
to be presented to Williamson County for the purchase of City of Georgetown Block 23, Lots 1 through
8, being approximately 1.32 acres and located at 414 South Austin Avenue, for the purpose of
constructing a public parking lot or facility, and to authorize the purchase price of said property to be
included in the City's 2005 bond offering, and to take any other actions necessary to complete the
property acquisition consistent with direction given in Executive Session.
Motion by
Kirby, second by Smith
to amend to invite
the County to partner with the City, and provide
them some
service for the existing
parking garage as
well.
Smith asked and Kirby responded that the partneship would involve the use of the garage and parking
lot, with the City monitoring, maintaining, and providing a parking attendant.
Oliver clarified that if the County is not interested, the City would go forward with the purchase (as
described in Smith's motion). Discussion that this issue not been addressed with the County. Yantis
explained that the garage is only open to County employees during business hours, others after
business hours. There was further discussion and clarification. Approved 5-1. (Eason opposed)(Snell
absent)
Vote on the original motion: Approved 6-0. (Snell absent)
Mayor Nelon recused himself and left the dais.
Mayor Pro Tem Smith conducted the next action from Executive Session.
Motion by Smith, second by Carr that the City staff be authorized to commence negotiations with the
owner of the property located at the northwest corner of University and Austin Avenues for City
participation in funding off-site infrastructure improvements related to the development of that property
in a manner consistent with the City's Downtown Master Plan, and to direct staff to bring back a draft of
that agreement for Council consideration. Approved 6-0.
Mayor Nelon returned to the dais.
Statutory Consent Agenda
J Consideration and possible action to approve the Minutes of the Council Workshop on Monday, January
24, and the Council Meeting on Tuesday, January 25, 2005 -- Shirley Rinn, Deputy City Secretary and
Sandra Lee, City Secretary
K Consideration and possible action to approve the election officials for the General/Special Election to be
held on Saturday, May 7, 2005, for the purposes of electing a Mayor, and Councilmembers from City
City Council Meeting Minutes/February 22, 2005
Page 2 of 6 Pages
Council Districts 2 and o and for determining the voters' intent regarding a proposed one-quarter cent sales
tax increase; and to approve a correction of the polling location for City of Georgetown registered voters
who reside in Williamson County Voting Precincts 381 and 310 -- Sandra Lee, City Secretary
L Consideration and possible action to accept the independent audit of all accounts of the City reported in
the Comprehensive Annual Financial Report (CAFR) and the report on compliance and internal controls for
the fiscal year ended September 30, 2004 -- Laurie Brewer, Controller and Micki Rundell, Director of
Finance and Administration
M Consideration and possible action regarding a resolution in support of the 79th Texas Legislature restoring
funding to the Texas Recreation and Park Account which provides matching grants to local political
subdivisions for parks and recreation development in Texas -- Kimberly Garrett, Assistant Director of
Recreation and Programs and Randy Morrow, Director of Community Services
N Consideration and possible action to authorize staff to execute a contract with Hall/Bargainer, Inc., for a
Master Plan for Garey Park in an amount not to exceed $50,000 -- Randy Morrow, Director of Community
Services
Motion by Eason, second by Sansing to approve the Consent Agenda in its entirety. Approved 6-0. (Snell absent)
Legislative Regular Agenda
O Presentation of the 2005 Official Visitors Guide to Georgetown -- Cari Miller, Convention and Visitors
Bureau Coordinator; Shelly Hargrove, Tourism Director and Main Street Manager; and Randy Morrow,
Director of Community Services
Miller explained that the City has contracted again with Lucas Adams for the production of the Visitors
Guide. Hargrove distributed the guide on the dais.
P Presentation of the summary of the 2004 Racial Profiling Report, as mandated by the State Legislature --
David Morgan, Chief of Police
Morgan explained the report. He said there has been no racial profiling in Georgetown.
Q Presentation and possible action regarding a donation for an Airport Museum in Georgetown -- Gabe
Sansing, Councilmember for District 2
Nelon introduced Howard Fomby, member of the Airport Advisory Board, who said he was speaking tonight
as a private citizen. With a slide presentation, he explained the proposed museum. He said the proposed
museum project will allow static aircraft displays and exhibits and would possibly involve a partnership with
a restaurant owner/operator for a restaurant in conjunction with the museum. He said the primary
contributor would be the Texas Aviation History Foundation with the land for the proposed site being
donated by the City. He said it would be an excellent opportunity to promote Georgetown's heritage and
would be a tourism draw. He said the proposed site is currently shown on the Airport Plan as future hangar
space, which would be removed, reducing the number of aircraft that could be housed at the Airport, and
therefore reducing the noise factor, and allowing maintenance of the trees and green space of that area.
He said the Aviation History Foundation needs to be aware of Georgetown's interest, so he asked Council
for a letter of interest and designation of a group of people to take this proposal forward for presentation to
the Foundation.
Speaker, Jo Atkins, said she has heard speakers in Austin talk about this museum and said she would like
to see it come to Georgetown rather than Austin, San Antonio, or elsewhere. She asked Council to support
the museum.
Speaker, Kathryn Heideman, asked Council to be cautious. She requested a traffic impact analysis.
There were questions and comments from the Council.
Motion by Sansing, second by Eason that the City inform the Foundation that the City is interested in the
possibility of a museum and that a group be formed to promote the City's interest. Approved 6-0. (Snell
absent)
R Consideration and possible action to approve Site 132 for the new Air Traffic Control Tower at the
Georgetown Municipal Airport subject to FAA review -- Travis McLain, Airport Manager and Tom Yantis,
Assistant City Manager
McLain explained the item. Motion by Kirby, second by Sansing to approve the site. Approved 6-0. (Snell
City Council Meeting Minutes/February 22, 2005
Page 3 of 6 Pages
Speaker, Kathryn Heideman, asked Council to be cautious. She requested a traffic impact analysis.
There were questions and comments from the Council.
Motion by Sansing, second by Eason that the City inform the Foundation that the City is interested in the
possibility of a museum and that a group be formed to promote the City's interest. Approved 6-0. (Snell
absent)
R Consideration and possible action to approve Site B2 for the new Air Traffic Control Tower at the
Georgetown Municipal Airport subject to FAA review -- Travis McLain, Airport Manager and Tom Yantis,
Assistant City Manager
McLain explained the item. Motion by Kirby, second by Sansing to approve the site. Approved 6-0. (Snell
absent)
S Consideration and possible action to approve a Resolution supporting and endorsing the efforts of
Wesleyan domes to obtain Home and/or HousingTrust Funding and Housing Tax Credits to rehabilitate
Wesleyan Retirement Home at 1105 Church Street, Georgetown, Texas, into 52 units of affordable senior
housing-- Tom Yantis, Assistant City Manager
Yantis explained that the Wesleyan has approached the City so that they can apply for funding from the
Texas Department of Housing and Community Affairs. He introduced Chris Spence who gave Council
some history regarding the construction of the current Wesleyan Retirement Home on what was a city park.
He said the plan is to rehabilitate the building into affordable housing apartments to be operated by
Wesleyan Homes. There were questions from the Council. Spence told Council that it is planned that the
kitchen facility would be offered to Meals on Wheels. Motion by Sansing, second by Oliver to approve the
resolution. Approved 6-0. (Snell absent)
T Discussion and possible action regarding a proposed Extraterritorial Jurisdiction (ETJ) and Certificate
of Convenience and Necessity (CCN) Agreement with the City of Leander -- Paul Brandenburg, City
Manager
Brandenburg explained the item and told Council that staff has had meetings with Leander, and he
explained the aspects of the proposed agreement. There were comments and compliments to the staff
from the Council. Motion by Sansing, second by Kirby to allow staff to enter into negotiations with the City
of Leander. Approved 6-0. (Snell absent)
U Consideration and possible action on a resolution regarding the creation of a Municipal Utility District
(MUD) to be located in Williamson County, Texas, on a tract consisting of approximately 151.62 acres of
land, generally situated in the John F. Ferguson Survey, Abstract No. A-231 in Williamson County, Texas,
and located outside of the City's Extraterritorial Jurisdiction (ETJ) -- John Kirby, Councilmember District 5
Kirby introduced Austin Pfiester, who told Council that his family is in the process of creating a MUD, and
the State asked to know that the City of Georgetown does not object to the MUD. There were questions
and comments from the Council. Motion by Sansing, second by Kirby to approve the creation of the MUD.
Approved 6-0. (Snell absent)
V Consideration and possible action on a resolution regarding the creation of a Municipal Utility District
(MUD) to be located in Williamson County, Texas, on a tract consisting of approximately 530 acres of land
generally situated in the John Hamilton Survey, Abstract No. 282 in Williamson County, Texas and located
outside of the City's current Extraterritorial Jurisdiction (ETJ) -- Mayor Gary Nelon
Mayor Neion introduced Gerald Kucera who explained the proposed MUD. He asked Council for an opinion
of "no objection" to the creation of the MUD.
There were questions and comments from the Council. Dishong said staff recommends that the City not
oppose if wastewater sevice is provided by a regional authority and that they comply with the five -party
agreement that Council agreed to at the first meeting in February.
Motion
by
Oliver, second by Kirby
to "not oppose" the creation of the MUD, based on the stipulations
spoken
by
Dishong. Approved 6-0.
(Snell absent)
City Council Meeting Minutes/February 22, 2005
Page 4 of 6 Pages
category of "Transit-Orie„Led Mixed -Use." He noted that some of the Cous ocilmembers will be going to the
Dallas area and will see some of those transit -oriented stations. There were positive comments from the
Council.
Motion by Kirby, second by Oliver to direct staff to initiate amendments to the Future Land Use Plan and
Overall Transportation Plan. Approved 6-0. (Snell absent)
Y Consideration of a resolution granting a petition and setting public hearing dates for the annexation into the
City for 31.88 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 23 and
White Wing Golf Course, for Sun City Neighborhoods 30 — Ed Polasek, Chief Long Range Planner and
Bobby Ray, Interim Director of Planning and Development
Motion by Carr, second by Smith to approve. Approved 6-0. (Snell absent)
Z Discussion and possible action regarding a proposed "Emergency Amendment" to the Unified
Development Code (UDC) pursuant to the terms of Resolution No. 082404 -BB, pertaining to the
Placement of Flags and Flag Poles -- Paul Brandenburg, City Manager
Brandenburg noted that there needs to be an amendment to allow measurement from the base of the flag
pole to the top of the pole that would allow governmental flag poles to be placed on top of buildings. There
were comments from the Council. Motion by Sansing, second by Carr to direct staff to bring back an
ordinance. Approved 6-0. (Snell absent)
AA Second Reading of an ordinance amending the Code of Ordinances pertaining to "Itinerant Merchants" to
add a new Chapter 6.50 -- Paul Brandenburg, City Manager and Patricia E. Carls, City Attorney
Brandenburg noted that
some of
the language has been amended
at
the request of the Council at the first
reading on February 8.
He read
only the caption of the ordinance
on
second reading.
Motion by Sansing, second by Eason to pass this ordinance, but that it does not affect merchants on
private property. There were comments from the Council and clarification that this is restricted to property
zoned commercial. Eason asked and Sansing clarified that the merchants on private property would still be
held to enforcement of other City laws and permission from the property owner. Sansing expressed
concern for the owner of the property at the corner of Williams Drive and the IH35 northbound frontage
road. Brandenburg noted that there will need to be some changes in the language of the second reading if
this motion passes.
There were further comments from the Council.
Motion by Kirby, second by Eason to amend that this provision "sunsets" in two years or when this property
develops or sells. Approved 5-1. (Smith opposed, Snell absent)
Vote on Original Motion: Approved 5-1. (Smith opposed, Snell absent)
BB Public Hearings / First Readings
1. Public Hearing on a Rezoning from C1, Local Commercial District to C3, General Commercial District
for 4.827 acres out of HEB / Georgetown #2 Subdivision, Block A, Lot 1, located on Wildwood Drive
(formerly Old Shell Road) east of Williams Drive — Bobby Ray, Interim Director of Planning and
Development
This item was pulled from consideration on this agenda.
2. First Reading of an Ordinance Rezoning from C1, Local Commercial District to C3, General
Commercial District for 4.827 acres out of HEB / Georgetown #2 Subdivision, Block A, Lot 1, located on
Wildwood Drive (formerly Old Shell Road) east of Williams Drive — Bobby Ray, Interim Director of
Planning and Development
This item was pulled from consideration on this agenda.
3. First Reading of an Ordinance to consider a Comprehensive Plan Amendment from Intensity Level
3 to Intensity Level 4 for 2.87 acres in the C. Stubblefield Survey being all of City of Georgetown,
Division A, Outlot 7 to be known as Old Mill Village, located between 17th Street on the north, 18th
Street on the south, Candee Street on the East, and Leander Street on the west. — David Munk,
Development Engineer and Bobby Ray, Interim Director of Planning and Development
Munk explained
the
item
and read
only the caption of the item
on
first reading after having satisifed
the
requirements of
the
City
Charter.
Motion by Sansing, second
by
Carr to approve this ordinance on
first
City Council Meeting Minutes/February 22, 2005
Page 5 of 6 Pages
reading. Sansing ai.0 Smith expressed appreciation to the Chapman and Wolf families who are
allowing Habitat to use this property for housing. Approved 6-0. (Snell absent)
4. First Reading of an ordinance to rename Ashberry Drive to Ashberry Trail in University Park, Unit
Two, Section One, Phase B and Montel Drive to Montell Drive in Escalera Ranch — Section 2, to
correct scrivener's errors in the platting process — Ed Polasek, Chief Long Range Planner and Bobby
Ray, Interim Director of Planning and Development
Polasek explained the item and read only the caption of the item on first reading after having satisifed
the requirements of the City Charter. Motion by Smith, second by Eason to approve the ordinance on
first reading. Approved 6-0. (Snell absent)
CC Items Forwarded by the Georgetown Utility System (GUS) Board
1. Consideration and possible action to approve the third phase of GSWW Edwards Aquifer Testing
Program and approve the annual budget of $150,000.00 -- Glenn Dishong, Water Services Manager
and Jim Briggs, Assistant City Manager for Utility Operations
Dishong exlained the item. Motion by Sansing, second by Oliver to approve. Smith noted that the
GUS Board had approved this item unanimously, but said they had some problems with it in that this
work is being done west, but not in Old Town. He said the GUS Board is hoping to do work in Old
Town next year. Approved 6-0. (Snell absent)
2. Consideration and possible action to award the contract for the construction of the Berry Creek Lift
Station to Cash Construction Company and set a project budget of $1,100,000.00 -- Glenn Dishong,
Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
Dishong explained
this item.
There were questions
and
comments from Council. Motion by Sansing,
second by Smith to
approve
the award. Approved
6-0.
(Snell absent)
DD Council -Appointed Boards/Commissions
Consideration and possible action to appoint Judy Griffith as Chair of the Library Board; appoint Gordon
Baker as Chair of the Main Street Advisory Board; and appoint Larry McCormick to fill a vacancy for a
position on the Main Street Advisory Board that expires in February, 2006 -- Mayor Gary Nelon
Mayor Nelon explained the item. Motion by Sansing, second by Smith to approve. Approved 6-0. (Snell
absent)
Motion to adjourn at 7:55 p.m.
The meeting was adjourned at 07:55 PM.
City Council Meeting Minutes/February 22, 2005
Page 6 of 6 Pages
Attest:, '-
Z F i• ..+
City Secretary Sandra Lee
� � t
I
s
am a member of the
committee or commission)of
Meeting Date e: m t
Age' .em No.
lei f3 p
} CONFLICT OF INTEREST AFFIDAVIT i
}
reside at uL'
(City Council or name of City board,
City of Georgetown, and I hereby make this affidavit and on my oath state the following:
"I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or
Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as
defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances)
and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is
identified and described on the above -referenced agenda item.
"I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable).
A. "Substantial Interest"
I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or
shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity.
I or a
person
related to me in
the first or second degree
have an ownership of $15,000 or more of the fair market
value
of the
business entity.
of
$2,500 or
I or a person related to me in
the
first or second degree
received funds from the business entity
in excess of 10%
of my/his/her gross income
for
the previous year.
of
$2,500 or
I or a person related to me in
the first or second
degree have
an equitable
or legal
ownership or interest in real
property with a fair market
value
of
$2,500 or
more.
B. "Economic Interest"
I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of
Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property
or contractual right in such property that is more than minimal or insignificant and would be recognized by
reasonable persons to have weight in deciding a case or an issue.
C. ""they" -
For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other
reason) /A—,S7' "T AIE gk) Jr r r 'c>,` ce.:- _
"Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation,
discussion and voting involving the matter identified in the above -referenced ajaenda item whatsoever.
Further, Affiant sayeth not."
Affiant's
Printed IN
BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that
the facts hereinabove stated are true to the best of his/her knowledge or belief.
SWORN TO AND SUBSCRIBED before me on this�Rr�ctday of 2.00
SANDRA D, LEE
My Cwyr6W , Exores Notary Public in and for the
JANUARY 3, 2006 County of Williamson
of Texas
THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING. IF AFFIANT HAS CHECKED ANY OF THE ITEMS UNDER
SECTION "A" RELATING TO "SUBSTANTIAL INTEREST," A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARY FOR
THE CITY OF GEORGETOWN.
Conflict of Interest Affidavit
Rev. 8/25/2004