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HomeMy WebLinkAboutMIN 06.08.2004 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, 11 Council Absent: Patty Eason, Doug Smith, Henry Carr, John Kirby, I Gabe Sansing Farley Snell, Ben Oliver Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager for Utilities; Trish Carls, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Randy Morrow, Director of Community Services; Amelia Sondgeroth, Director of Planning and Development; Laurie Brewer, Controller; Leticia Zavala, Chief Accountant; Glenn Dishong, Water Services Manager; Mark Miller, Transportation Services Manager; Mike Mayben, Energy Services Manager Called to order at 5:00 p.m. A Bond Election Training for Citizen Bond Committee, City Council, Library Board, Economic Development Commission and Parks and Recreation Board -- Carol Polumbo, Bond Counsel Yantis introduced Carol Polumbo of McCall, Parkhurst. Polumbo focused on what is allowed and not allowed regarding providing information to the public concerning the proposed bonds. There were questions and comments from the Council. 5:45 p.m. -- adjourned workshop Regular Session to convene and continue Executive Session, if necessary There was no Executive Session held at this meeting B 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" C Sec.551.087: Deliberations Regarding Economic Development Negotiations - Potential abatements and incentives for prospective downtown development projects D Sec.551.086 competitive matters - Presentation and possible action to approve the 2004/2005 Electric Capital Improvement Projects Plan -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/June 8, 2004 Page 1 of 6 Pages Regular Session E Call to Order The meeting was called to order at 6:04 p.m. F Pledge of Allegiance Mayor Nelon 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. H Announcements and Comments from City Manager Brandenburg noted that City of Georgetown Offices would be open while Federal and County offices would be closed on Friday, June 11, as a day of mourning for the death of former President Ronald Reagan. I Public Wishing to Address Council Keith Peshak regarding a plan for the airport. Peshak spoke to Council about his opinion of the last Council Meeting, about his suggestion that the City purchase airports throughout the state, and about airport insurance premiums. J Action from Executive Session There was no action from Executive Session. • • =0 K Consideration and possible action to approve the minutes of the Council Workshop on Monday, May 24, and the Regular City Council Meeting of Tuesday, May 25, 2004 -- Sandra Lee, City Secretary Snell had questions for clarification and Carr had a correction regarding the minutes of Tuesday, May 259 2004. L Consideration and possible action to appoint directors to the Georgetown Health Facilities Development Corporation -- Gary Nelon, Mayor Kirby questioned and Mayor Nelon explained the City's relationship to the Health Facilities Development Corporation. Motion by Carr, second by Smith to approve the Consent Agenda with the clarifications and corrections to the minutes of May 25. Approved 6-0. (Sansing absent) Legislative Regular Agenda M Consideration and possible action on the Red Poppy Festival 2004 Report from Main Street Board and support to continue the Red Poppy Festival in 2005 -- Shelly Hargrove, Main Street Manager and Tourism Coordinator and Randy Morrow, Community Services Director Hargrove introduced Liz Atherton, Convention and Visitors Bureau (CVB) Board Member and Co -Chair of the Red Poppy Festival and Cad Miller of CVB staff. Miller presented a slide demonstration of the 2004 Festival. Atherton recommended that the Council approve the Festival for 2005. She said they cleared $6,850 for the Facade Fund, saying the event was very sucessful in spite of the rain. Motion by Kirby, second by Eason to support the Red Poppy Festival for 2005. Approved 6-0. (Sansing absent) N Consideration and possible action to approve a resolution calling a Special Election on September 11, 2004, for the purpose of obtaining voter response to Proposition 13 -- Trish Carls, City Attorney This item was moved to follow Item P-6. O Second Readings 1. Second Reading of an ordinance amending the 2003/04 Annual Operating Plan Element (Budget) for various adjustments relating to staff additions, contracts and capital improvements -- City Council Meeting Minutes/June 8, 2004 Page 2 of 6 Pages Micki Rundell, Director of Finance and Administration Rundell read only the caption of the ordinance on second reading. Speaker, Keith Peshak, said there are items missing from the budget that pertain to the Airport. He said the City needs a foam truck for plane crashes and a security program to prevent people from breaking into the hangars. Motion by Snell, second by Carr to approve Ordinance 2004-28. Approved 6-0. (Sansing absent) 2. Second Reading of an ordinance amending Section 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Director of Finance and Administration and Paul Brandenburg, City Manager Rundell read only the caption of the ordinance on second reading. Motion by Smith, second by Oliver to approve Ordinance 2004-29. Approved 6-0. (Sansing absent) 3. Second reading of an ordinance of the City of Georgetown renaming a portion of D.B. Wood Road to Cedar Breaks Road and naming an unnamed street "Lake Overlook Road" which will connect the new section of D.B. Wood Road to the Corp of Engineers' property -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief Lincoln read only the caption of the ordinance on second reading. (Notion by Kirby, second by Carr to approve Ordinance 2004-30. Approved 6-0. (Sansing absent) 4. Second Reading of an Ordinance Rezoning 3.073 acres in the C. Stubblefield Survey, from IN, Industrial District to C-3, General Commercial District located at 516 Leander Road — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray read only the caption of the ordinance on second reading. Motion by Smith, second by Kirby to approve Ordinance 2004-31. Approved 6-0. (Sansing absent) 5. Second Reading of an Ordinance Rezoning from MF, Multifamily to OF, Office, for South San Gabriel Urban Renewal, Block C, Lot 1 (part of), located at 1301 Scenic Drive — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray read only the caption of the ordinance on second reading. Motion by Eason, second by Carr to approve Ordinance 2004-32, Approved 7-0. P Public Hearings/First Readings 3. Public Hearing to consider amending the following Sections of the Unified Development Code (UDC): Table 2.01.020; 2.02.020(B); Table 3.01.020; 3.02.010(C)(15); 3.09.010; 3.11.010; 3.19; 4.05.040(6); 4.05.040(C); 4.06.020(E); 5.02.090; 5.05.030; 6.02.010; Table 6.02.020; 6.02.030(B); Table 6.03.020; Table 12.03.020; 16.04 and 16.05 -- Bobby Ray, Chief Current Planner and Amelia Songeroth, Director of Development Services Ray explained each of the sections of the ordinance. There were questions from Council regarding the amendments to be made. The Public Hearing was opened at 6:38 p.m. Speaker, Jose Cuervo, told Council he represents the owners of 1627 Williams Drive, and said the zoning was changed for an office but excludes a medical/dental practise. He said the owners will build a new building for a medical/dental practise. Nelon asked Sondgeroth to explaiin and she said a medical office would require a special use permit which would require a site plan. The Public Hearing was closed at 6:43 p.m. 4. First Reading of an Ordinance amending the following Sections of the Unified Development Code (UDC): Table 2.01.020; 2.02.020(8); Table 3.01.020; 3.02.010(C)(15); 3.09.010; 3.11.010; 3.19; 4.05.040(B); 4.05.040(C); 4.06.020(E); 5.02.090; 5.05.030; 6.02.010; Table 6.02.020; 6.02.030(8); Table 6.03.020; Table 12.03.020; 16.04 and 16.05 -- Bobby Ray, Chief Current Planner and Amelia Songeroth, Director of Development Services City Council Meeting Minutes/June 8, 2004 Page 3 of 6 Pages Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Snell, second by Eason to approve the ordinance on first reading. Approved 6-0. (Sansing absent) 1. Public Hearing to consider amending the following Sections of the Unified Development Code (UDC) pertaining to Chapters 10 (Sign Standards) and 16 (Reference): 10.01.050; 10.01.060; 10.01.070; 10.01.080; 10.03.020(0); 10.04(F); Table 10.06.010; 10.06.020(A); 10.06.020(D); 10.06.040; 10.06.040(D); 10.06.040(E); 10.06.040(F); 10.06.040(1); 10.06.040(J); 10.07.010(A); and 16.05 -- Bobby Ray, Chief Current Planner and Amelia Songeroth, Director of Development Services Ray explained the item and the proposed amendments. There were questions from Council. The Public Hearing was opened at 6:54 p.m. There were no public comments. The Public Hearing was closed at 6:54 p.m. 2. First Reading of an Ordinance amending the following Sections of the Unified Development Code (UDC) pertaining to Chapters 10 (Sign Standards) and 16 (Reference): 10.01.050; 10.01.060; 10.01.070; 10.01.080; 10.03.020(0); 10.04(F); Table 10.06.010; 10.06.020(A); 10.06.020(D); 10.06.040; 10.06.040(D); 10.06.040(E); 10.06.040(F); 10.06.040(1); 10.06.040(J); 10,07.010(A); and 16.05 -- Bobby Ray, Chief Current Planner and Amelia Songeroth, Director of Development Services Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Carr to approve on first reading. Approved 6-0. (Sansing absent) 5. First Reading of an Ordinance amending and repealing the provisions of Ordinance 2004-16 relating to Section 4.16.010 of the Code of Ordinances of the City of Georgetown, regarding the amount of homestead tax exemptions for persons age 65 and older; repealing in its entirety the provisions of Ordinance 2004-16 relating to Section 4.16.070 of the Code of Ordinances regarding the effect on the amounts of the Homestead Tax Exemptions of an election on or passage of a "tax freeze" -- Farley Snell, Councilmember District 6 Snell explained the purpose of this ordinance is to take the $42,000 exemption for age 65 and older back to $12,000, to retain the $40,000 exemption for the disabled, and remove all references to the tax "freeze." Carls read only the caption of the ordinance on first reading after satisfying the requirements of the City Charter. She explained that this item and Items P-6, and N are related. Motion by Snell, second by Kirby to approve the ordinance on first reading. Snell noted that the ordinance that was provided in the packet did not contain a provision for the retention of the $40,000 exemption for the disabled, so he distributed a revised version of the ordinance. Carls said, because there is an item on this agenda to call the election, according to Ordinance 2004-16, the exemptions go back to the statutory minimum. Motion by Snell, second by Kirby to amend the ordinance to include the $40,000 exemption for disabled. Approved 6-0. (Sansing absent) Vote on the Original Motion as amended: Tied at 3-3. (Oliver, Eason and Smith opposed)(Sansing absent) Tie broken by Mayor. Approved 4-3. (Sansing absent) 6. First Reading of an Ordinance repealing Ordinance 2004-25 in its entirety relating to Section 4.16.070 of the Code of Ordinances regarding the reinstatement of sunsetted homestead tax exemption provisions if an election on a "tax freeze" fails -- Farley Snell, Councilmember District 6 Snell explained the purpose of the item being that if a Proposition 13 election is called and fails, the exemptions would be reinstated. Carls asked that there be a suspension of the rules to reconsider this ordinance. Motion by Kirby, second by Carr to suspend the rules. Approved 6-0. Motion by Kirby, second by Carr to reconsider. Approved 4-2. (Smith and Eason opposed)(Sansing absent) Carls read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Snell, second by Kirby to approve the ordinance on first reading. Smith asked and Carls emphasized that this is a housekeeping item. Approved 6-0. (Sansing absent) N Consideration and possible action to approve a resolution calling a Special Election on September 11, City Council Meeting Minutes/June 8, 2004 Page 4 of 6 Pages 2004, for the purpose of obtaining voter response to Proposition 13 -- Trish Carls, City Attorney Carls explained that petitions were submitted to the City Secretary on May 25, 2004, requesting an election on Proposition 13. She said the City Secretary's Office has certified a sufficient number of signatures on the petition to call a special election. Carls said the City of Georgetown is the first City to call an election on Proposition 13, so the ballot language is "pioneer." She explained the resolution. She said the exemptions will go to the statutory minimum until the two ordinances tonight are read and passed on second reading. There were questions and comments from the Council. Motion by Carr, second by Smith to call the election. Eason said she thinks the ballot language needs to include the words "Proposition 13." Carls noted that there will be an amending moition to appoint the election judges, so there will be an opportunity to amend the ballot language at that time, if that is Council's desire. Approved 6-0. (Sansing absent) O Discussion and possible action to approve the Fiscal and Budgetary Policyto be used in preparing the 2004/2005 Annual Operating Plan and to guide operations for the upcoming fiscal year -- Micki Rundell, Director of Finance and Administration Rundell reminded Council that the revisions were discussed at the workshop on Monday night. She reviewed the revisions. Motion by Kirby, second by Carr to approve. Approved 6-0. (Sansing absent) R Consideration and possible action to approve a development agreement between the City and San Gabriel River Place Partners, Ltd. -- Tom Yantis, Assistant City Manager Yantis said this development agreement incorporates incentives that have previously been presented to Council in Executive Session and now, for the first time, will be presented in public. Yantis said there are two sets of improvements --the off-site improvements, such as building a turn around at the end of Rock Street, just before Blue Hole Park, sidewalks to connect pedestrians to the downtown square, lighting along the sidewalks, benches, waste receptacles, a pedestrian bridge, two low-water dams (with approval of the US Corps of Army Engineers), and landscape improvements. He said the funding will come from the Georgetown Transportation Enhancement Corporation (GTEC) Budget, Street Department Budget, Electric Fund, General Fund, and Tax Increment Financing (TIF) Funds. He said the on-site improvements will include amenity areas, landscaping, fountains, public areas, and funds to offset the incremental costs to develop this project vs. developing a project outside the downtown overlay district. He noted there will be additional costs to this project due to the site conditions. He said the funding for the on-site improvements will come from a Chapter 380 (Local Government Code) Agreement to share economic development taxes, much like with the Simon -Wolf Ranch Development with Simon Property Group, saying 50% of the sales taxes generated by businesses on this site would be rebated to the developer over a period of up to 20 years or $1 million, whichever comes first. He said the Agreement has a specific construction timeframe, a timeframe for the on-site and off-site improvements, provisions for the types of materials, and a reference to the site pian. He said the project will still go through the development process with approval from the Historic and Architectural Review Commission (HARC) for the building design and for an alternate parking agreement, as well as site plan approval through the Planning and Development Services Department. Yantis noted a handout on the dais regarding changes to the Development Agreement, to allow the City not to get ahead of the developer regarding the improvements to be provided by the City and projects for Categories 2 and 3 for off-site improvement, which allows the City to determine if funds are available to do the improvements; and another change that requires the developer, if they are in default, to repay the City for the City's cost of off-site improvements that were completed. There were questions from the Council. Charlie Crossfield and John Gavurnik explained the phasing of the development. Motion by Snell, second by Eason to approve the development agreement. Speaker, Virginia Stubbs, as a downtown property owner, urged Council's approval of the development. Speaker, Renee Hanson, said the River Place project encompasses what Downtown Design Consultant, Nore Winter, had in mind for downtown development and will set the tone for development in the downtown district. She urged Council to approve the agreement. Carr asked, and Gavurnik said the County will allow public parking in the garage in the evenings and on holidays. Yantis noted that alternative parking plans are to be approved by the HARC because they are in the Downtown Overlay District. Smith noted that there are similarities to the development of Wolf Ranch, City Council Meeting Minutes/June 8, 2004 Page 5 of 6 Pages but this is part of the Downtown Master Plan, being done by a local developer, with locally -owned restaurants. Snell said he appreciates Gavurnik's service to the community and he thinks this project is exciting. Kirby said he likes the project and commended Gavurnik's ability to put it together, but he said he thinks "giving away sales tax revenue" will create a need to increase the property tax. He said he thinks an additional source of revenue is needed to help downtown development, and suggested a 1/8 cent increase in the sales tax. He said he would like to see that on the ballot in November. Carr said he is grateful for the Downtown Master Plan, and he thinks this project is a good example of how the Plan will keep Georgetown attractive. He called the question. Vote on the motion: Approved 5-1. (Kirby opposed, Sansing absent) S Discussion and possible action to consider appointments of individuals to more than one board/commission -- Mayor Gary Nelon Nelon explained that currently there is no policy regarding appointment of individuals to more than one board or commission. He said there were many people who applied for positions who were not appointed because there were more applicants than positions, saying he would like to spread the talent around and allow as many different people as possible to serve. Eason said she agrees and was frustrated when she served on the Appointment Subcommittee because she wanted to get as many people involved as possible. Carr said he was privileged to serve on two groups at the same time, and would favor not formally eliminating the possibility, but attempting first to take advantage of the backlog of applicants. Kirby said he was impressed by the number of qualified applicants that the Subcommittee interviewed for positions on the boards/commissions. He said he supports allowing service on only one board or committee. Oliver agreed, saying if a board or commission felt the need for a liaison, they could let the Council know. Carls noted that there is an ordiniance now regarding membership on boards and commissions, so she could bring Council some language to amend that ordinance. Motion by Kirby, second by Eason to direct staff to bring for Council's considereation the appropriate wording to eliminate service on more than one board/commission by one individual, except where the bylaws require a liaison from another board or commission. Approved 6-0. (Sansing absent) T Consideration and possible action to appoint Henry Boecker to the Georgetown Transportation Enhancement Corporation (GTEC) to fill the vacancy created by the resignation of Henry Carr when he was elected to Council and assumed a Council position on GTEC in place of outgoing councilmember Jack Noble -- Mayor Gary Nelon Nelon explained the item. Motion by Carr, second by Eason to approve the appointment. Approved 6-0. (Sansing absent) U Consideration and possible action to appoint Lynne Dison to the Economic Development Commission to fill the vacancy created by the resignation of Henry Boecker when he was appointed to the Georgetown Transportation Enhancement Corporation -- Mayor Gary Nelon Nelon explained the item. Motion by Carr, second by Eason to approve the appointment. Approved 6-0. (Sansing absent) V Consideration and possible action to appoint Rachel Heisch, Leah Martinez, and James Johnson and to re -appoint Candice Butler, Rebecca Counts, Philip May, Stefanie Sikes, and Jonathan Soape to the Youth Advisory Board for the City of Georgetown -- Mayor Gary Nelon Nelon read the list of applicants to be considered. Motion by Smith, second by Snell to approve the appointments. Approved 6-0. (Sansing absent) The meeting was adjourned at 08:00 PM. City Council Meeting Minutes/June 8, 2004 Page 6 of 6 Pages Attest- City Secretary Sandra Lee