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HomeMy WebLinkAboutMIN 01.11.2005 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: j; Council Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry I All Council Present Carr, John Kirby, Farley Snell, Ben Oliver ii Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City' I Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Laurie Brewer, Controller; Glenn Dishong, Water Services Manager; Mark Miller, Transportation Services Manager; Tom Benz, Systems Engineering Manager; Amelia Sondgeroth, Director of Community Development; Keith Hutchinson, Public Information Officer; David Munk, Development Engineer; Bobby Ray, Chief Development Planner '• l� ••': r •• There was no Policy Development/Review Workshop held at this meeting. A Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline - Legal Advice Regarding Agenda Items and other Matters B Sec.551.087 Economic Development 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 C Sec.551.072 Deliberation on Real Property . Discussion and possible action regarding acquisition of property for downtown parking D Sec.551.074 personnel matters - Discussion regarding approaching director vacancy in Human Resources Department - Annual Performance Evaluation of City Secretary There was no Executive Session held at this meeting. Regular Session E Call to Order The meeting was called to order at 6:00 p.m. F Pledge of Allegiance The Mayor led the Pledge. G 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. City Council Meeting Minutes/January 11, 2005 Page 1 of 6 Pages - Announcement of deawine extension to January 14 for applications to C,.y Boards and Commissions the current Mayor Nelon Policy -- announced the deadline Controller extension. - Announcement of new procedure for addressing the City Council Mayor Nelon announced the new procedure for speaking, saying speakers will be restricted to addressing the Council three times per calendar quarter. - Announcement of Williamson County Tax Assessor Deborah Hunt having received the title of Tax Assessor of the Year by the Tax Assessors' Association of Texas Mayor Nelon announced that Tax Assessor Deborah Hunt has received the title of Tax Assessor of the Year. Ms. Hunt said she was honored by the recognition and appreciates the opportunity to work with the City. H Announcements and Comments from City Manager Brandenburg made the following announcements: - The new City of Georgetown logo and brand, as displayed on the wall behind the dais, will soon be used on the City vehicles, letterhead, business cards, etc. - City offices will be closed on Monday, January 17, due to Martin Luther King's Birthday, however, trash is to be picked up as regularly scheduled on Monday. Public Wishing to Address Council - Sandra Taylor of Pedernales Electric Cooperative (PEC) regarding update on Cooperative activities Mrs. Taylor presented a franchise check $9,641.95, and announced that PEC will provide $1000 scholarships to 25 seniors whose parents are PEC customers. - Keith Peshak regarding prosecution of citations by police and courts and "Minimal Wear" Peshak noted that the charge against him has been dropped. He gave a slide presentation regarding what he described as "dangers" involved with the mechanisms on the hangar doors at the Airport. J Action from Executive Session There was no action from Executive Session. Statutory Consent Agenda K Consideration and possible action to approve the Minutes of the Joint Workshop with the Planning and Zoning Commission on Tuesday, December 7; the Council Workshop on Monday, December 13, and the Council Meeting on Tuesday, December 14, 2004 -- Sandra Lee, City Secretary L Consideration and possible action to authorize the Georgetown Public Library to apply for a $5,000 grant from the 2004 Texas Book Festival, to be used to hire a contract employee to teach computer classes -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Motion by Sansiing, second by Carr to approve the Consent Agenda. Approved 7-0. Legislative Regular Agenda M Consideration and possible action to authorize an additional School Resource Officer at Georgetown High School -- Kevin Stofle, Assistant Police Chief and David Morgan, Police Chief Brandenburg and Stofle explained the item. Stofle told Council this was requested by Supertindent Lee of GISD. He said the School District has agreed to provide the salary and expenses, and the City would provide the vechicle, which is a "pool" vehicle. He said this would be beneficial for both the City and the School District. There were questions from the Council. Motion by Kirby, second by Oliver to approve. Approved 7-0. N Considereation and possible action to approve an agreement for investment advisory services with Valley View Consulting, L.L.C. for $9,000 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration Rundell explained the item. Motion by Snell, second by Sansing to approve. Approved 7-0. O Consideration and possible action to approve a resolution revising the current City of Georgetown Investment Policy -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration Rundell reviewed the regulation as presented at the Workshop last night. Motion by Smith, second by Eason toapprove. Approved 7-0. City Council Meeting Minutes/January 11, 2005 Page 2 of 6 Pages P Consideration and possi�,Ie action regarding a Joint Resolution of the Geo,(getown City Council and Williamson County Commissioner Court requesting the Texas Department of Transportation to conduct a speed and traffic study on Williams Drive between Lakeway Drive and County Road 245 to investigate the possibility of lowering speeds and providing additional safety features -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item. There were questions and comments from the Council. Sansing said he would like to see speed reduction on this section specifically, and would really like a study done to reduce the speed on all of Williams Drive. Motion by Carr, second by Sansing to approve the Joint Resolution. Approved 7-0. Q Consideration and possible action to reconsider the 2004105 Budget for Georgetown Transportation Enhancement Corporation (GTEC), adopted on September 28, 2004, with specific reference to the item for Riveroaks Road -- Patty Eason, Councilmember for District 1 Eason explained the item, saying the Riveroaks Road is Project 26 on the Draft of the TIF Project List. She said she thinks there was confusion the last time this item was considered. Motion by Eason, second by Oliver *for Council to wand this item to GTEG f^r ro-^^^siderafiAn reconsider the GTEC budget with specific attention to Riveroaks Road. There was Council discussion and Carls clarified Council's ability to act on this item. Approved 6-1. (Sansing opposed) Motion by Snell, second by Carr to amend the 2004(05 GTEC Budget to remove the item for Riveroaks Road. There was further discussion. Eason said she thinks the issue should be to deal with the drainage issues, but not the road. Sansing said he looks at it from a park standpoint for people to access the Hike and Bike Trail. Approved 7-0. *as corrected by Snell at the January 25, 2005 Council Meeting. R Items Forwarded from the Georgetown Utility System (GUS) Advisory Board 1. Consideration and possible action to award a contract to rePipe Texas, Inc. and to approve a project budget, for part 3 of the Phase II EARZ Rehabilitation Project, for $167,500 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying it was approved by the Georgetown Utility System Advisory Board. Motion by Smith, second by Carr to approve. Approved 7-0. 2. Consideration and possible action to award a contract to Dave Cole Decorators, Inc. of Sparta, Michigan and to establish a project budget for the rehabilitation of the Leander Elevated Storage Tank in the amount of $230,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying it was approved by the Georgetown Utility System Advisory Board. Motion by Snell, second by Smith to approve the award. There were questions from the Council. Approved 7-0. 3. Consideration and possible action to approve a contract amendment to the existing Professional Services Agreement, between the City of Georgetown and Camp, Dresser, and McKee, Inc., to provide engineering services related to the design of the Hwy 29 Off-site Utility improvements in the amount of $60,500 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying it was approved by the Georgetown Utility System Advisory Board. He said this item is related to the easement acquisition for Wolf Ranch. Motion by Oliver, second by Smith to approve. Approved 7-0. 4. Consideration and possible action to authorize the execution of an agreement with Lower Colorado River Authority (LCRA), Brazos River Authority (BRA), City of Liberty Hill, and Chisholm Trail Special Utility District (CTSUD) regarding the provision of wastewater services and service territory boundaries -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying it was approved by the Georgetown Utility System Advisory Board. He noted that the exhibits were distributed on the dais, and he displayed a map. He said the City is involved to resolve the location of our service boundaries for wastewater, and this agreement establishes that Georgetown or some other regional entity would be the wholesale provider of service and not Chisholm Trail. He said that Chisholm Trail Special Utility District will provide retail wastewater service, but will not operate a treatment plant. There were questions and comments from the Council. Kirby asked and Briggs responded about competition between septic systems and organized wastewater systems. He said a policy is being developed regarding a cost effective option for retrofitting existing systems to allow them to connect with a pressure wastewater system. Motion by City Council Meeting Minutes/January 11, 2005 Page 3 of 6 Pages Kirby, second by Smmi to approve the execution of the agreement. Approved 7-0. 5. Consideration and possible action to approve a contract amendment between the City of Georgetown and Raymond Chan & Associates, Inc. for professional services related to Downtown Gaster Plan Regional Water Quality and Drainage, Phase 2, in an amount not to exceed $110,000.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item. Motion by Sansing, second by Smith to approve the contract amendment. Approved 7-0. S Second Readings 1. Second Reading of an ordinance providing for the annexation into the City of 5.24 acres in Joseph P. Pulsipher and Clement Stubblefield Survey, located approximately .75 miles west of IH 35 and north of State Highway 29 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Carts read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Snell, second by Smith to approve Ordinance 2005-01. Kirby asked if a road is required to be built, if the developer would build it. Sondgeroth responded only if there were a development agreement. Carts said development is not considered at the annexation stage, saying a specific plan would be addressed at a later time. Sondgeroth said zoning would be the first step for approval, and then, if there were roadways required, the City could request right-of-way dedication. She noted that development agreements are not typically done with annexations. There was further discussion. Carts noted that a Traffic Impact Analysis will take care of decisions based on the necessary roadways. Snell expressed concern about not knowing at the annexation stage what kind of development will occur. Speaker, Bill Chapman, Applicant and Owner for this item and the next, said that the right of way has already been set aside and dedicated to the City for both of these items. He said the funding is part of the SH29 money that has already been determined. He said the utilities are already available through a previous arrangement for the SH29 Corridor. There were further questions from the Council. Vote on the Motion: Approved 7-0. 2. Second Reading of on an ordinance providing for the annexation into the City of 5.04 acres in Joseph P. Pulsipher Survey, located approximately 1.1 miles west of IH 35 and north of State Highway 29 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Carts read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Carr, second by Sansing to approve Ordinance 2005-02. Approved 7'0. 3. Second Reading of an Ordinance to consider a Comprehensive Plan Amendment to amend the Intensity Level from Level 3 to Level 4 for 12.20 acres in the William Roberts Survey to be known as Berry Creek, Section Five, Phase 1, Block A, Lot 13, located on SH -195 — David Munk, Development Engineer and Amelia Sondgeroth, Director, Planning and Development Munk read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Smith, second by Sansing to approve Ordinance 2005-03. Approved 6-1. (Snell opposed) 4. Second Reading of an Ordinance to consider a Comprehensive Pian Amendment to amend the Intensity Level from Level 1 to Level 3 for 16.63 acres in the John Sutherland, Daniel Monroe, and A. Williams Surveys to be known as Fountainwood Plaza, located on FM 2338 south of Jim Hogg Road -- David Munk, Development Engineer and Amelia Sondgeroth, Director, Planning and Development Munk read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Smith, second by Sansing to approve Ordinance 2005-04. Approved 7-0. T Public Hearings/First Readings 1. Public Hearing to consider a Rezoning from OF, Office to MF, Multifamily District for approximately 9.4 acres out of 31.0964 acres in the Nicholas Porter Survey, located between Northwest Boulevard and Westwood Lane — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray explained the item and gave a history of previous action on this property. He said a traffic study will be required, if platted, and the developer will be responsible for paying for the study. Nelon asked if the item can be deferred. Carts s. •the • • • • beheld, • 1 CouncilCity r :�i ... fi �C 1�,`•"1� ♦ = i. gni I3 • opened 'i Speaker, Stuart Shaw, of Bonner Carrington, L.P. said he is proposing two different uses for this tract. He said a 200 -unit senior apartment complex is planned and a 180 -unit complex with no restriction for seniors. He said the two projects will be considered as affordable housing. Shaw distributed to the Council color renderings of the proposed apartments. He said they will need the multi -family zoning in order to build these apartments, and said he doesn't think there is a market for office development. There were questions and comments from the Council. Kirby asked and Shaw gave assurances regarding property maintenance. Shaw was asked and he responded regarding the federal regulations involving the funding for affordable housing. He agreed to supply some written information for the Council. Brandenburg noted there have been letters received by the Council recently showing attempts by other developers to obtain the federal tax credits for affordable housing in other areas. He mentioned that other cities like to establish a ratio of the number of "roof tops" compared to commercial development. Carr asked and Ray responded that a traffic impact analysis would be required at the platting process Ray explained why the property became zoned as OF. He said the transition to OF occurred with the UDC. He agreed that the staff is in favor of the change in zoning. The Public Hearing was closed at 7:33 p.m. 2. First Reading of an Ordinance Rezoning from OF, Office to MF, Multifamily District for approximately 9.4 acres out of 31.0964 acres in the Nicholas Porter Survey, located between Northwest Boulevard and Westwood Lane — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Kirby, second by Oliver to defer action on this rezoning until the staff has been able to examine thoroughly to determine whether properties such as this will be well maintained. Kirby said he doesn't want the City to become a magnet for seniors with frozen taxes or individuals who cannot afford regular housing. Oliver said he provides a second because he has questions about the procedure for affordable housing projects. Nelon asked Carls for the rules on discussion regarding deferring an item. Carls said, because it is a zoning case, the item cannot be tabled and will need to be brought back. Eason said she will not support this motion because affordable housing is needed in Georgetown, and she believes all of the discrepancies can be handled between first and second reading. Smith said,comparing the demographics in Georgetown, shows that there is a shortage of housing for low-income people. Snell said he agrees with Eason and Smith and doesn't feel that deferring would give him any more information than he has already received tonight. He said as far as quantifying the number of low-income people allowed to come to Georgetown, that would be another policy issue. Nelon noted that the Council would not decide that issue. He said he thinks the State has a formula based on the total population which is why these tax credits are available to developers at this time. He said the deadline is approaching. Oliver said he thinks if the staff could come back and explain the procedure between first and second reading, it would be a good idea to continue. Nelon said he agrees there is a definite need for affordable housing and this developer seems to have the financial ability to perform. He said he thinks this project could be a good possibility for the "highest and best use" for this property, and he thinks there will be time between first and second reading to handle any concerns. Sansing said he is concerned about the traffic impact and said he would like to see a reduced number of units. He said maintenance is an interest for him and asked if the government subsidy effects the property tax rate and how the City collects those taxes. Shaw explained that it can go either way and will be brought back at a future time. Carr said he is against a delay or deferral because there is a great need and he said the City should not hurt the developer's process. Sondgeroth asked for clarification as to what questions the Council would like answered: Brandenburg clarified that the Council would like to know how the tax credit system works; about ownership transfer to different parties; who is responsible when paint is chipping and roof is leaking; and does our new code help us to enforce. Nelon asked if credits are awarded to this particular project, would that take away credits from other developers. City Council �Yr%f(�98a�r0Rgfeated: 5-2 (Eason, Carr, Smith, Oliver, Snell opposed) Page 5 of 6 Pages Motion by Sansing, second by Oliver to approve on first reading proviued that staff will come back with clarification prior to the second reading. Approved 6-1. (Kirby opposed) 3. Public Hearing to consider a Rezoning from RS, Residential Single -Family to OF, Office District for Dalrymple Addition, Block E, Lot 1 and part of Lot 2, located at 312 West University Avenue — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray explained the item and noted that the Planning and Zoning Commission unanimously recommends approval. The Public Hearing was opened at 7:55 p.m. Speaker, Wendy Lester Mason, owner of the property, told Council she has a law practice in Round Rock, moved her family here two years ago, and would like to move her law firm here. There were no further comments. The Public Hearing was closed at 7:57 p.m. 4. First Reading of an Ordinance Rezoning from RS, Residential Single -Family to OF, Office District for Dalrymple Addition, Block E, Lot 1 and part of Lot 2, located at 312 West University Avenue — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray read only the caption on first reading after having satisifed the requirements of the City Charter. Motion by Kirby, second by Sansing to approve on first reading. Approved 6-0. (Carr absent from the dais) U Appointments 1. Consideration and possible action to appoint Dianne Painter, Administrative Assistant to County Commissioner Tom McDaniel, as the County Representative on the Main Street Advisory Board -- Mayor Gary Nelon Nelon explained the item. Motion by Snell, second by Oliver to approve of the appointment of Dianne Painter to the Main Street Advisory Board. Approved 7-0. 2. Consideration and possible action to confirm the appointment of John William Wood, Sr. to fill the current vacancy on the Firefighters' Civil Service Commission -- Paul Brandenburg, City Manager Brandenburg noted that there was a vacancy for the position that had drawn the two-year term. He said he would like to recommend John William Wood, Sr. Motion by Kirby, second by Eason to confirm the appointment. Carls explained that there is a copy of a resolution on the dais and the terms for each of the commissioners will now be three years. Approved 7-0. 3. Consideration and possible action to appoint Councilmember Patty Eason to the Animal Shelter Advisory Board -- Mayor Gary Nelon Nelon explained. Motion by Carr, second by Oliver to approve the appointment. Approved 7-0. At this time, Mayor Nelon announced that there was some action that needed to be taken from Executive Session. Action from Executive Session on January 10, 2005 Motion by Smith, second by Kirby that City Secretary Sandra Lee has been determined to have an outstanding performance rating by the City Council and qualifies for a raise and bonus to be determined at a later date. Sansing asked if the raise and bonus becomes retroactive to a certain point. Nelon said he thinks the reason Council is having to take action tonight is because Human Resources wants to go forward with the process of awarding the bonuses. Nelon said Council will receive information as to the amount of the raise. Approved 7-0. The meeting was adjourned at 08:02 PM. City Council Meeting Minutes/January 11, 2005 Page 6 of 6 Pages Attest - /C Secretary Sandra