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HomeMy WebLinkAboutMIN 11.09.2004 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 j All Council present. Carr, John Kirby, Farley Snell, Ben Oliver Staff Present: s Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra Lee, City Secretary; Eric Lashley, r Library Director; Terry Jones, Purchasing Director; Bobby Ray, Chief Current Planner; Ed Polasek, Chief i! Long -Range Planner; Meliss McCollum, Development Planner A Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline - E.O. Sharp Butane Co., Inc. v. City of Georgetown, Texas, Cause No. A -04 -CA -299 -SS, in the United States District Court, Western District of Texas, Austin Division - Legal Advice Regarding Agenda Items and other Matters B Sec.551.087: Deliberations Regarding Economic Development Negotiations - Potential abatements and incentives for prospective development projects C Sec.551.072 Deliberation on Real Property - Discussion and possible action concerning the purchase of property adjacent to the Georgetown Municipal Airport 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. - Announcement of one vacancy for a Downtown Property Owner on the Main Street Advisory Board - Announcement of vacancy on the Building Standards Commission for one Alternate - Announcement of vacancy on the Civil Service Commission in December Nelon announced the vacancies. G Announcements and Comments from City Manager - Announcement of first book selected for "GEORGETOWN READS!" Brandenburg asked Library Director, Eric Lashley, to come forward. Lashley and Judy Parks, President of the Library Board, announced that "Tortilla Curtain" by T. C. Boyle was selected as the first City Council Meeting Minutes/November 9, 2004 Page 1 of 6 Pages book to be a part of "ueorgetown Reads." Copies of the book were disc touted to the Councilmembers. Parks announced the Kick -Off on November 11, at the Library at 7:30 p.m. and invited everyone to come. Brandenburg announced the vacancy on the Civil Service Commission in December. Brandenburg announced the Special Council Meeting in the Council Chamber on November 11 at 5:00 p.m. to canvass the results of the November 2, 2004, Special Election. H Public Wishing to Address Council Kerry White of Cox Communications regarding update of Cox Communications System Upgrade Plans White announced there would be a rebuilt cable plant by mid-December of this year. He said there will be new channels, features, services, and products. He also said there will be a Spanish channel in response to the 20% Hispanic population of Georgetown. He said the high-speed internet product will be increased to 4 megs with no additional charge, with a target date for customers to call in and request the update as of December 3. - Keith Peshak regarding review of the 4th and 8th Amendments to the Constitution of the United States and affirmation that they do indeed apply in Georgetown and Williamson County, along with the Federal Freedom of Information Act Peshak said he had received responses to his Freedom of Information Act questions from the Attorney General and from the City Attorney. He claimed that there is a terrorist group in Georgetown composed of the Chief and Officers of the Georgetown Police Department. Action from Executive Session There was no action from Executive Session. J Consideration and possible action to approve the minutes of the Council Workshop on Monday, October 25, and the Regular Council Meeting on Tuesday, October 26, 2004 -- Sandra D. Lee, City Secretary Snell and Oliver asked for corrections to Item U-7 of the minutes of October 26, 2004. K Consideration and possible action to authorize the Georgetown Public Library to accept a grant of $2,662 from the Texas Reads Grants program of the Texas State Library -- Eric Lashley, Library Services Director and Randy Morrow, Director of Community Services Speaker, Keith Peshak, asked why the Library would need a grant if the City plans to eliminate the use of the Library building as a Library and use it instead as "weapons storage" for the Georgetown Police Department. He asked that there be more of an explanation about the agenda items on the Consent Agenda. L Consideration and possible action to purchase exercise equipment from Hest Commercial Fitness Products in the amount of $40, 912.26 -- Kimberly Garrett, Assistant Director of Recreation and Programs and Randy Morrow, Director of Community Services M Consideration and possible action to approve payment to the Texas Commission on Environmental Quality (TCEQ) for annual wastewater plant assessment fees in the amount of $24,493.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Motion by Kirby, second by Carr to approve the Consent Agenda with corrections to the minutes. Approved 7-0. N Presentation of the Preserve America Designation Certificate -- Shelly Hargrove, Tourism Director and Main Street Manager Main Street Advisory Board President, Bryant Boyd, and Eugenia Harrell displayed the framed certificate. Boyd explained that Harrell had written the application to the federal government to allow the City to receive the award. It was discussed that there will also be a Preserve America road sign acknowledging Georgetown as a community that recognizes its heritage. O Consideration and possible action to direct staff to draft an amendment to ordinance 2003-07 regarding the Animal Shelter Advisory Board to broaden the authority of the board -- Councilmember Gabe Sansing Sansing noted that the Board feels the language of the ordinance creating the Board needs clarification. He said they would like for the language of the ordinance to include that the Advisory Board will make recommendations to the City Council on the shelter and its operation. City Council Meeting Minutes/November 9, 2004 Page 2 of 6 Pages Motion by Sansing, second by Smith to direct staff to bring back a revised ordinance for Council consideration. Approved 7-0. P Discussion and possible action to authorize the use of $1,500 from Council Contingency for supplies necessary to winterize the existing animal shelter -- Councilmember 20 Gabe Sansing Sansing said because the shelter will not be ready before winter begins, the Board is requesting funding to winterize the shelter by purchasing a heater for the outdoor area, and clear panels to block the wind and allow sunlight for warmth. Motion by Sansing, second by Oliver to approve the $1,500 from Council Contingency. Carr asked and Brandenburg explained that in order to take this money from the Animal Shelter budget, the department would have to cut back on other items in order to spend money for winterizing, saying this would be a one-time purchase, because the new shelter will have provisions for protecting the animals in cold weather. Approved 7-0. Q Consideration and possible action to cancel the second Council Meeting in the month of December, 2004, regularly scheduled for the fourth Tuesday of the month -- Mayor Gary Nelon Nelon explained the fourth Tuesday of December will fall on December 28, and typically, the second Council meeting in December is canceled or rescheduled due to the proximity to the Christmas holidays. Motion by Snell, second by Kirby to approve cancellation of the second meeting in December. Approved 7-0. R Consideration and possible action to approve the purchase of a 2005 John Deere backhoe/loader and a John Deere 4WD loader from RDO Equipment Company, through the Texas Local Government Cooperative contract in the amount of $157,337.08 -- Terry Jones and Micki Rundell Jones explained the item, saying both of the current vehicles were included in the fund for replacement this year, being 15 to 20 years old. Motion by Kirby, second by Carr to approve the purchase. Approved 7-0. S Consideration of an award of bid for Police vehicles to Philpott Ford in the amount of $575,565.00 -- Terry Jones and Micki Rundell Jones explained the item, saying all equipment would be installed on these vehicles. He noted that Philpott Ford is the only bidder responding, saying the bid is a 5% increase per unit over last year's price and the money has been budgeted in the 2004-05 vehicle service fund which was approved in the 2004-05 Annual Operating Plan. Speaker, Keith Peshak, said he met with persons from the Police Department and the Finance Department and said he discovered there are over 100 police vehicles that are not acknowleged by the Finance Department. He claimed the vehicles are being used by the Finance Director, the Tennis Center, and the Municipal Court. He asked to know how those vehicles are being used and by whom. Kirby asked why there were no more bidders. Jones replied that he even called the other vendors, but they were not interested in bidding. Kirby suggested that Jones check with Round Rock and was told that Austin and Round Rock also use Philpott. Motion by Smith, second by Carr to approve the award of bid. Approved 7-0, T Consideration and possible action on a Public Review Final Plat for 24.04 acres in the William Addison Survey to be known as University Park, Unit 2, Section One, Phase C, located at east end of University Park Drive — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director, Planning and Development McCollum explained the item, saying it will contain 94 single-family lots, and the Planning and Zoning Commission and staff recommend approval. Snell asked and was told that there would be connectivity between the sections on Ashberry Trail. Motion by Sansing, second by Oliver to approve the Public Review Final Plat. Approved 7-0. U Consideration and possible action on a Public Review Final Plat for 41.523 acres in the Fredrick Foy Survey to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Twenty "A", located west of Sun City Boulevard at Armstrong Drive -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development McCollum explained the item, saying this item corresponds with Item BB -2. Motion by Smith, second by Carr to approve the Public Review Final Plat. Approved 7-0. City Council Meeting Minutes/November 9, 2004 Page 3 of 6 Pages V Consideration and possible action on a Public Review Final Plat for 41.065 acres in the Burrell Eaves Survey to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -Seven, located east of Sun City Boulevard at San Saba Drive -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development McCollum explained the item, saying this item corresponds with Item BB -3. Motion by Snell, second by Sansing to approve the Public Review Final Plat. Approved 7-0. W Consideration and possible action on the recommended list of proposed UDC amendments for the 04-05 UDC Amendment Process -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Sondgeroth explained the item. Speaker, Johnny Anderson, Chair of Planning and Zoning Commission, highlighted the items to be reviewed over the next several months such as the height of downtown businesses, coordination of the Downtown Master Plan with the UDC, retention ponds, and the relationship to affordable housing. He said feedback was solicited from various individuals. There were questions from the Council. Nelon noted that Council is being asked to recommend who they would like to serve on the Committee so that an item can be placed on the next agenda for appointments. He asked if there is a process that provides mediation for discussions regarding signage and corporate colors. Yantis explained that a portion of the guideline for colors was left out of the printed UDC definition of signs. He said even though it was left out of the printed version, it is still being adhered to as it was intended by Council action to be a part of the UDC. Motion by Smith, second by Eason to approve the proposed list of amendments. Motion by Snell, second by Oliver to amend the list to add the following language to Items 28, 30, and 31: 'Provide criteria for and definition of "infill development' (whether single lot, multiple contiguous lots, or subdivision), along with specific requirements for such development (e.g., relative to utilities infrastructure, parks, sidewlaks, setbacks, fire hydrants)." Nelon noted that there is a process for these amendments, where the public will have input, with two Council workshops, before it comes back to Council for final approval. Vote on amendment: Approved 7-0. Vote on motion as amended: Approved 7-0. X Consideration and possible action on a request for a Detailed Development Plan for a 0.308 acre part of Morrow Addition, Block O, located at 1208 South Main Street -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray explained the item, saying the property is not located within the Downtown Development District. He said the staff recommends approval. Motion by Snell, second by Carr to approve. Approved 7-0. Y Consideration of a resolution granting a petition and setting public hearing dates for the annexation into the City for 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 Polasek explained the item and displayed a slide presentation of the property. Motion by Sansing, second by Smith to approve. There was discussion regarding the approval process concerning utilities, impervious cover, and parking. It was also noted that the funding for the portion of CR265 that is included in the annexation was funded in the Transportation Improvement Program (TIP) of the Georgetown Transportation Enhancement Corporation. Approved 7-0. Z Consideration of a resolution granting a petition and setting public hearing dates for the annexation into the City for 5.04 acres in Joseph P. Pulsipher 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 Polasek explained the item, saying no development proposal is being presented, just a request for annexation. Motion by Sansing, second by Carr to approve the resolution. Approved 7-0. AA Public Hearings 1. Public Hearing on 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 City Council Meeting Minutes/November 9, 2004 Page 4 of 6 Pages of State Highway 2b -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Polasek explained the item and distributed an annexation matrix to the Council, showing a positive impact to development and favorability for annexation. The Public Hearing was opened at 7:11 p.m. There were no comments. The Public Hearing was closed at 7:11 p.m. 2. Public Hearing on an ordinance providing for the annexation into the City of 5.04 acres in Joseph P. Pulsipher 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 Polasek explained the item and distributed an annexation matrix to the Council, saying there could be possible impact on utilities, but Polasek said there is a strong benefit to the City in favor of annexation and the developer would probably bare the cost for extending the utilities. The Public Hearing was opened at 7:12 p.m. There were no comments. The Public Hearing was closed at 7:12 p.m. 1. Second Reading of an ordinance for a Comprehensive Plan Amendment for Dalrymple Addition, Block A, Lots 1-2 & 5-6, to change the Intensity Plan from Level 3 to Level 4, located in the 1200 block between Hart and Timber Streets -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development David Munk read only the caption of the ordinance on second reading. Motion by Sansing, second by Smith to approve Ordinance 2004-74. Eason asked for clarification for the number of units to be allowed on the property. She asked if there were some other restriction that could be placed on that property. Munk responded that a site plan must be submitted and it will be restricted to 50% impervious cover, with two parking spaces per bedroom unit, and with a buffer yard and height restriction. Eason asked for and received clarification that allowing up to eight units, does not necessarily mean that there would actually be eight units. There was discussion regarding the definition of "intensity." Oliver said he would prefer to call it "density," in order to determine the number of units that would be allowed. Snell confirmed that the "density" question would come before Council with the zoning. Ordinance 2004-74 Approved 7-0. 2. Second Reading of an ordinance Rezoning 41.523 acres in the Fredrick Foy Survey, from A, Agricultural to PUD, Planned Unit Development, to be known as Planned Unit Development of Sun City Georgetown, Neighborhood Twenty "A", located west of Sun City Boulevard at Armstrong Drive -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development McCollum read only the caption of the ordinance on second reading, saying it corresponds with Item T, heard previously, concerning the Public Review Final Plat for this property. Motion by Carr, second by Sansing to approve Ordinance 2004-75. Snell confirmed that this property has already been annexed. Snell asked and Carls confirmed that because of the Development Agreement, each time Del Webb submits an application for a preliminary plat, it is considered a petition for voluntary annexation. Carls read from the 1995 Sun City Development Agreement as follows: "The City and Del Webb agree that each application for preliminary plat approval for the Property shall be deemed to be a petition for voluntary annexation within the corporate limits of the City with respect to the land subject to the preliminary plat application. The City will consider the application for preliminary plat approval, the petition for annexation of the land, and the zoning of the land in accordance with the Concept Plan concurrently, including concurrent consideration during the required public hearings." Snell asked also what the Development Agreement said about zoning. -Carls read from the Development Agreement as follows: 'The City agrees to support the zoning applications for the property within the Project so long as such applications are consistent with the Concept Plan." Ordinance 2004-75 Approved 7-0. 3. Second Reading of an ordinance Rezoning 41.065 acres in the Burrell Eaves Survey, from A, Agricultural to PUD, Planned Unit Development, to be known as Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -Seven, located east of Sun City Boulevard at San Saba Drive -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development City Council Meeting Minutes/November 9, 2004 Page 5 of 6 Pages McCollum read only Lne caption of the ordinance on second reading, saying it corresponds with Item U, heard previously, concerning the Public Review Final Plat for this property. Motion by Carr, second by Smith to approve Ordinance 2004-76. Approved 7-0. CC Consideration and possible action to approve a resolution approving the Preliminary Project Plan and Reinvestment Zone Financing Plan for City of Georgetown Tax Increment Reinvestment Zone No. 3 (Downtown TIRZ) --Tom Yantis, Assistant City Manager Yantis explained the item, saying there is no resolution, just requested minute action from the Council. He said the Preliminary Project Plan and Reinvestment Financing Plan are exhibits of the ordinance that follows in Item BB -4, so the plans need to be approved before being included in the ordinance. He noted that the plans were prepared several months ago and although talked about with the Council, Council had not had an opportunity to approve. He stressed the word Preliminary regarding the Project Plan, because after the second reading of the ordinance to create the zone, the Council will appoint a Board of Directors for the Zone, the same process as with the Wolf Ranch TIRZ. He said the Board of Directors will consider approving a Final Project Plan for the Zone and it would come back to the Council for final approval. Motion by Sansing, second by Eason to approve the Preliminary Project Plan and Reinvestment Zone Financing Plan. Kirby said he supports this financing method and hopes the County and School District will participate because it would be an advantage to the taxpayers. Oliver asked the procedure for including the County. Yantis explained the law applicable to this procedure. He said he has made a formal presentation to each entity, saying he informed the School District that the City is not expecting the School District to participate with the funding. He said he did indicate to the County that the City is asking for their participation. He said the County would sign a contract with the City that would spell out the percentage and duration of their participation. He said the County asked him to return at a future time to discuss it further. He noted that state law allows the County and the School District to appoint a member to the Board whether or not they participate. He said the City has asked the County and School District to waive their member appointment if they are not planning to participate in the Zone. Nelon said he hopes the County will participate in order to allow a greater amount of revenue. He noted that the estimated increase in value of properties in the Zone is presented conservatively. There was further dicussion. Vote on the Motion: Approved 7-0, BB4. Second Reading of an Ordinance designating a contiguous geographic area within the City of Georgetown consisting of approximately 66(+/-) acres in size, generally located around the Williamson County Courthouse Square, south of the South San Gabriel River and north of University Blvd., for tax increment financing purposes pursuant to Chapter 311 of the Texas Tax Code; creating a Board of Directors for such zone; containing findings and provisions related to the foregoing subject; and providing a severability clause --Tom Yantis, Assistant City Manager Yantis read the caption only of the ordinance on second reading. There were revised copies of the ordinance distributed on the Council dais and Yantis explained the language changes. Motion by Snell, second by Kirby to approve Ordinance No. 2004-77. Approved 7-0. DD Consideration and possible action to approve a resolution appointing directors and officers of the Georgetown Health Authority -- Patricia E. Carls, City Attorney Carls explained that the City has been asked to revive this organization and appoint directors. Motion by Sansing, second by Oliver to approve the resolution appointing the following directors: Tim Kennedy, President; Bob Brent, Esther Weir, and Paul Jordan. Approved 7-0. The meeting was adjourned at 07:42 PM. City Council Meeting Minutes/November 9, 2004 Page 6 of 6 Pages City Secretary Sa