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HomeMy WebLinkAboutMIN 07.27.2004 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Pro Tem Doug Smith presiding. Council Present: Council Absent: Gabe Sansing, Doug Smith, Henry Carr, John Mayor Gary Nelon, Patty Eason Kirby, Farley Snell, Ben Oliver ii Staff Present: ;! Paul Brandenburg, City Manager; Jim Briggs, Assistant City Manager; Trish Carls, City Attorney; Sandra Lee, City Secretary; Amelia Sondgeroth, Director of Planning and Development Services; Micki Rundell, Director of Finance and Administration; Mark Thomas, Economic Development Director; Tom Benz, Systems Engineering Manager; Ed Polasek, Chief Long -Range Planner; Bobby Ray, Chief Current Planner; Mark Miller, Transportation Services Manager; Carla Benton, Development Planner; Melissa McCollum, Development Planner; There was no Workshop held at this meeting. Executive Session 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 - 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 - Negotiations with LCRA on Power Agreement - Legal Advice Regarding Agenda Items and other Matters - Legal Issues Regarding Proposed Sale of Del Webb/Pulte "Northern Lands" B Sec.551.072: Deliberation on Real Property Discussion and possible action concerning the purchase of right-of-way and easements for improvements to SH 29 West and CR 265 C Sec.551.087: Deliberations Regarding Economic Development Negotiations - Potential abatements and incentives for prospective downtown development projects City Council Meeting Minutes/July 27, 2004 Page 1 of 6 Pages D Call to Girder The meeting was called to order at 6:02 p.m. by Mayor Pro Tem Doug Smith. E Pledge of Allegiance Mayor Pro Tem Doug Smith led the Pledge. F Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Pro Tem Doug Smith Mayor Pro Tem Smith welcomed the audience and gave a brief outline of meeting procedures. G Announcements and Comments from City Manager There were no announcements from the City Manager. H Public Wishing to Address Council Wayne McKee of Pedernales Electric Cooperative (PEC) regarding Cooperative activities in Georgetown area. McKee spoke to Council about the Annual Meeting and Election of Officers on June 19. He said, in response to customer requests, PEC will have a levelized billing plan and a green power plan by the end of the year. He said PEC has implemented a 24-hour call center for paying bills or asking questions. He cautioned that there have been 16 line contacts with heavy equipment trucks, so they are publishing some articles and sending mail -outs regarding safety. He presented a check for $7,760.83 for the franchise tax payment. When asked by Smith, McKee responded that the green power program will come from LCRA, and PEC will implement it, saying it may be wind generation. Action from Executive Session Motion by Snell, second by Sansing that the City Council authorize the City's lawyers to respond to the counteroffers received from the owners of Parcels 8, 9, 10, 11, 12, 13 and 16 related to the acquisition of right of way and easements for improvements to SH29 and CR265, consistent with the direction given by Council in Executive Session last night. Approved 6-0. (Eason absent) Motion by Snell, second by Kirby that the City staff be authorized to initiate the procedures for vacation and abandonment of the easternmost 0.83 -acre portion of CR265 right of way situated within the corporate limits of the City in connection with the planned improvements to SH29 and CR265, consistent with the direction given by Council in Executive Session last night. Approved 6-0. (Eason absent) Statutory Consent Agenda J Consideration and possible action to approve the minutes of the Council Workshop on Monday, July 12 and the Regular City Council Meeting of Tuesday, July 13, 2004 -- Shirley Rinn, Deputy City Secretary and Sandra Lee, City Secretary K Consideration and possible action on a resolution to extend the existing depository agreement between the City and Union State Bank for a one year period ending August 31, 2005 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration L Consideration and possible action to authorize the Mayor to execute an Amendment to the Microfusion Land Lease at 302 Wright Brothers Drive, extending the Mandatory Construction Deadline to December 31, 2004 -- Travis McClain, Airport Manager, and Tom Yantis, Assistant City Manager M Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended June 30, 2004 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Motion by Sansing, second by Carr to approve the Consent Agenda in its entirety. Approved 6-0. (Eason absent) M 111p AMA Hill N Announcement of appointment of the members of the newly -formed Ethics Commission -- Mayor Pro Tem Doug Smith City Council Meeting Minutes/July 27, 2004 Page 2 of 6 Pages Smith explained that the Mayor and each member of the Council has named a member of the Ethics Commission. He listed the following appointees: Jim Nolan by Mayor Nelon, Joyce Gadison by Patty Eason, Mary Steger by Gabe Sansing, Joel Biggs by Doug Smith, Michael Martin by Henry Carr, Gerald Sensabaugh by John Kirby, Katherine Burke by Farley Snell, and Fred Sellars by Ben Oliver. Motion by Kirby, second by Sansing to approve the slate of names. Approved 6-0. (Eason absent) Sansing asked if, as Council considers projects, the City could find out who the investors are to make sure there is no conflict of interest. Carls said to the extent the information is available, it will be provided. O Consideration and possible action for a Public Review Final Plat for 21.597 acres, out of the Burrell Eaves Survey, to be known as Sun City Georgetown, Neighborhood Twenty -Four B2, located north of Texas Drive — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development McCollum explained the item, saying the Planning and Zoning Commission recommended approval. Motion by Snell, second by Sansing to approve the Public Review Final Plat. Approved 6-0. (Eason absent) P Consideration and possible action for a Public Review Final Plat for 18.14 acres situated in the Ephriam Evans Survey, to be known as Hewlett Subdivision, Section 3, located on Hewlett Loop at Westinghouse Road, with variances to the Subdivision Regulations — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development McCollum explained the item, saying they are in conformance with the Subdivision Regulations, and saying they will transfer impervious coverage from lot to lot, but maintain 70% impervious coverage overall. Motion by Sansing, second by Carr to approve the Public Review Final Plat. Approved 6-0. (Eason absent) O Consideration and possible action on Public Review Final Plat for 32.35 acres in Phase 4-A and 29.96 acres in the Frederick Foy Survey, to be known as Woodland Park Subdivision, Phase 4-A located on Woodland Park Drive, with variances to the Subdivision Regulations — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Benton explained that this subdivision is in the ETJ and explained the variances, saying this is consistent with previous approvals, and the Planning and Zoning Commission recommended approval. Motion by Sansing, second by Oliver to approve the Public Review Final Plat and the Findings of Fact. Approved 6-0. (Eason absent) R Consideration and possible action on Public Review Final Plat for 29.96 acres in the Frederick Foy Survey, to be known as Woodland Park Subdivision, Phase 4-B, located on Woodland Park Drive, with variances to the Subdivision Regulations -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Benton said this is another section in the same subdivision. Motion by Snell, second by Carr to approve the Public Review Final Plat and the Findings of Fact. Approved 6-0. (Eason absent) S Consideration and possible action for a Variance from the following Section(s) of the Subdivision Regulations: 34020.G.2.f (Rear Yard) and 34020.F.4 (Side Setback) to allow the placement of an accessory structure on Lot 14, Block H, Georgian Place Phase 2A, located at 1079 Canterbury Trail — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray explained the item, saying that the variance is being handled under the Subdivision Regulations, due to the timing of the complaint. He said the Planning and Zoning Commission recommends denial of the request. He advised that should Council wish to accept the variance, appropriate findings would need to be found. Speaker, Travis McCollum, noted that he is the neighbor that filed the complaint, saying that the structure is 9 to10 feet off the setback and 3 feet from his fence, saying it should be 7 feet for fire and safety reasons. He said variances are designed for specific purposes, not to cover up something already done. He said he has done some improvements to his property, and each time, applied for permits, and paid fees. He said the Appraisal District receives that information, and his property taxes are increased accordingly. City Council Meeting Minutes/July 27, 2004 Page 3 of 6 Pages Ivan Villanueva, the applicant, distributed some pictures to the Council. He said he didn't plan to break any laws and didn't know he needed a permit. He said he has other neighbors with storage units backed up to fences. He said it would be a hassle to move the building and would be expensive. Sansing asked and Carls confirmed that the Council would need to address each of the eight points if they wished to approve the variance, remiinding Council that this variance requires a super majority (5 affirmative votes). Snell asked about the time allowance. Ray said Villanueva could work with Code Enforcement. Carls said the City would impose a deadline of 30, 60, or 90 days and then impose a fine if the structure is not removed by that time. Snell asked Villanueva if 90 days would be adequate to remove the building. He replied that 90 days would be sufficient. Sansing said he agrees with several members of the Planning and Zoning Commission that a variance should be granted this time and the City should make a greater effort to get the word out that permits are required before building structures. Motion by Sansing to grant the variance. The motion failed for lack of a second. Motion by Kirby, second by Oliver to deny the variance and grant the applicant 90 days to remove the building. Approved 6-0, * (Eason absent) Brandenburg noted that there still needs to be a building permit and fees paid to move the building. Oliver said he doesn't think that the City should feel responsible for making sure individuals are notified. Motion by Kirby, second by Snell to amend the motion to include the requirement for a building permit and fees to be paid. Approved 6-0. (Eason absent) Vote on Original Motion as amended: Approved 6-0. (Eason absent) (*as corrected by Carr at the August 10, 2004 Council Meeting.) T Consideration of a resolution granting a petition and setting public hearing dates for the annexation into the City for 158.19 acres, more or less, in the Williamson Addison Survey, located southwest of the Inner Loop and Maple Street Intersection -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Polasek explained the item. Motion by Snell, second by Sansing to approve the resolution. Oliver asked and Polasek noted that an analysis of the annexation will be provided to the Council in the next step of the process. Approved 6-0. (Eason absent) U Second Readings 1. Second Reading of an Ordinance to consider Rezoning Lots 5, 63 7 and 8 within Block 43 of the City of Georgetown Tract, from RS, Residential Single-family District, to C-2 Downtown Commercial District, located on the east side of Martin Luther King, Jr. Street between 7th and 8th Streets — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray read the caption of the ordinance on second reading. Motion by Kirby, second by Oliver to approve Ordinance 200442. Approved 6-0. (Eason absent) 2. Second Reading of an Ordinance to consider Rezoning of Lots 1, 2, 3, 4, 5, 61 7, and 8 within Block 2 of the City of Georgetown Tract, from RS, Residential Single-family District to C-2, Downtown Commercial District, located between Austin Avenue and Main Street, north of 2nd Street — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray read the caption of the ordinance on second reading. Motion by Sansing, second by Carr to approve Ordinance 200443. Approved 6-0. (Eason absent) 3. Second Reading of an Ordinance to consider Rezoning from A, Agriculture to Planned Unit Development (PUD), for a total of 21.597 acres, out of the Burrell Eaves Survey, to be known as Sun City Georgetown, Neighborhood Twenty -Four B2, located, north of Texas Drive — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development McCollum read the caption of the ordinance on second reading. Motion by Carr, second by Sansing to approve Ordinance 200444. Approved 6-0. (Eason absent) 4. Second Reading for a Century Plan Amendment from Intensity Level 1 to Intensity Level 3 and 4 City Council Meeting Minutes/July 27, 2004 Page 4 of 6 Pages for 1,022.66 acres situated in the J. Thompson Survey, known as the Weir Tract, located on RR 2243, approximately 2 miles west of IH 35, and to amend the Future Land Use Plan from Mining, Office/Retail/Commercial, and Residential to Office/Retail/Commercial, Mixed Use, Office/Service, Residential, and Parks/Open Space — Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Planning and Development Polasek said the language about a mixed-use buffer has been added to the attachment to the ordinance. (Exhibit 1) He read only the caption of the ordinance on second reading. Smith said he appreciated that Sondgeroth and staff had a meeting with the neighborhood Motion by Kirby, second by Sansing to approve Ordinance No, 2004-45. Approved 6-0. (Eason absent) 5. Second reading of an ordinance levying assessments for the cost of certain improvements to be provided in the Wolf Ranch Public Improvement District No. 1; fixing charges and liens in the property in the district and against the owners thereof; providing for the collection of the assessment; and providing for an effective date -- Micki Rundell, Director of Finance and Administration and Trish Carls, City Attorney Carls read the caption of the ordinance on second reading. Motion by Sansing, second by Carr to approve Ordinance 2004-46. Approved 6-0. (Eason absent) V Public bearing and First Readings 1. Public Hearing to consider an ordinance nominating TASUS Corporation, Inc. to the Texas Economic Development Bank as an Enterprise Project, pursuant to Chapter 2303, Subchapter F of the Texas Government Code -- Mark Thomas, Economic Development Director Thomas said this was a part of the recruitment of TASUS to the community, making no guarantees to the company, but saying that the City will assist. He explained how a company can become an Enterprise Zone Project, saying the company must meet hiring requirements, and the local government must be the sponsor of the application to the Governor's Office. He said the granting of an Enterprise Zone Project status would result in a refund to the company of the state sales tax. The Public Hearing was opened at 6:49 p.m. There were no comments. The Public Hearing was closed at 6:49 p.m. Oliver asked and Thomas explained about the designation of "distressed area," saying 35% of the employees must be from a low-income area or from the zone. 2. First Reading of an Ordinance of the City Council of the City of Georgetown, Texas nominating TASUS Corporation, Inc. to the Texas Economic Development Bank as an Enterprise Project pursuant to Chapter 2303, Subchapter F of the Texas Local Government Code; and making the required findings supporting the nomination — Mark Thomas, Economic Development Director Thomas read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Snell to approve the ordinance on first reading. Kirby said he was concerned about the City being liable if the company was not able to perform. He asked for language from Carls and asked to amend the motion with that language. Seconded by Snell. Smith questioned whether approval of the amendment would be a problem for TASUS since the City had made the commitment to them that the City would sponsor TASUS. Carls suggested that this language be presented to the staff of the Governor's Office to make sure that it is compatible. Carr asked for the source of the original wording on the ordinance. Carls responded that this ordinance is a modification of the state's model ordinance. Vote on the amendment: Approved 5-1. (Sansing opposed, Eason absent) Vote on the original motion as amended: Approved 6-0. (Eason absent) 3. First Reading of an Ordinance of the City Council of the City of Georgetown amending Chapter 10.04 of the Code of Ordinances by adding Section 10.04.070 establishing lane use restrictions for trucks upon the portion of IH -35 lying within the corporate limits of the City of Georgetown; declaring certain conduct to be unlawful and containing findings and other provisions relating to the foregoing subject -- Mark Miller, Transportation Services Manager, and Jim Briggs, Assistant City Manager of Utility Operations Miller explained the intent of the ordinance and noted that our ordinance is a portion of the City Council Meeting Minutes/July 27, 2004 Page 5 of 6 Pages combined effort of all cities along IH35 to reduce accidents. He read only the caption of the ordinance after having satisifed the requirements of the City Charter. Motion by Kirby, second by Oliver to approve the ordinance on first reading. There was further discussion. Approved 6-0. (Eason absent) W Items forwarded from the Georgetown Utility System (GUS) Board 1. Consideration and possible action to award the bid for construction of Wolf Ranch Lift Station to C.C. Carlton Industries, Ltd. and establish a project budget of $1,697,100.00 --Tom Benz, Systems Engineering Manager and Jim Briggs, Assistant City Manager for Utility Operations Benz explained that the GUS Board recommends award to C. C. Carlton Industries, Ltd. Motion by Snell, second by Carr to award the bid. Approved 6-0. (Eason absent) 2. Consideration and possible action to approve the bid award, from Herb Deck Construction Company, for the Airport Road Rehabilitation project in the amount of $626,077.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item and noted that the GUS Board recommends award to Herb Deck Construction. Kirby stated that he is delighted that these improvements are being made. It was noted that the portion of the road that is governed by the County is not expected to be improved, and the City will install signage to show "entering City Limits" and "leaving City Limits." Kirby suggested that the City negotiate with the County to have the County piece rehabilitated at the same time. Miller said he would visit again with the County to see if there is anything they can do. Oliver asked how the College Street and 17th Street rehabilitation could be included in this award. Miller explained that they were included as alternates. Briggs noted that the posting for this item is incorrect for the total amount, so the balance will need to be presented at the August 10 Meeting for approval by the Council. There was further discussion regarding working with the County. It was noted that the City has spoken with the County on two occasions. Motion by Kirby, second by Sansing to approve the bid award. Approved 6-0. (Eason absent) The meeting was adjourned at 07:21 PM. Approved : fir' ' Attest< r Mayor Pro Jern Doug Smith 'City Secretary Sandra Lee City Council Meeting Minutes/July 27, 2004 Page 6 of 6 Pages