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HomeMy WebLinkAboutMIN 04.27.2004 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Patty Eason, Gabe Sansing, Doug Smith, Jack All Council present Noble, John Kirby, Farley Snell, Mark Ramsey Staff Present. Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City j Manager for Utility Operations; Trish Carls, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Ed Polasek, Chief Long -Range Planner; David Munk, Development Engineer; Melissa McCollum, Development Planner Policy Development/Review Workshop There was no Workshop held at this meeting. Executive Session Regular Session to convene and continue Executive Session, if necessary There was no Executive Session held at this meeting. Regular Session D Gall to Order The meeting was called to order at 6:01 p.m. E Pledge of Allegiance Mayor Nelon led the Pledge. F Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. - Presentation by George Hernandez of Lone Star Infrastructure regarding SH 130 Justin Keener of Lone Star Infrastructure told Council the completion of SH130 will be December of 2007. He said Lone Star Infrastructure will work with the City to make sure all needs are met before the road is opened. He said this project is "design/build" which allows the project to move along quickly. He said Lone Star Infrastructure will begin construction as soon as they acquire right of way. G Announcements and Comments from City Manager Brandenburg made the following announcement: The Election for the District 7 City Council position is Saturday, May 15, 2004. Early City Council Meeting Minutes/April 27, 2004 Page 1 of 6 Pages Voting will be Wenesday, April 28, through Tuesday, May 11, 2004. For further information, contact City Secretary Sandra Lee at 930-3651. He welcomed his parents, Fred and Rose Marie Brandenburg, visiting from Wisconsin. H Public Wishing to Address Council - Wayne McKee of Pedernales Electric regarding an update on the Cooperative's activities in the Georgetown area McKee noted the annual meeting on June 19 at the Texas River Palace and said the PEC Office will be closed on Memorial Day. He presented a check for $8,799.00 to the Mayor for the franchise payment. Keith Peshak regarding Georgetown Airport Peshak was not present. Action from Executive Session on April 26, 2004 Motion by Smith, second by Kirby to authorize staff to make an offer to acquire property for the new Berry Creek Lift Station on terms consistent with those discused in Executive Session. Approved 7-0. Motion by Smith, second by Ramsey that the Mayor be authorized to submit a request to obtain an Attorney General's Opinion on certain legal issues related to the implementation of Proposition 13. Approved 7-0. Statutory Consent Agenda J Consideration and possible action to approve the minutes of the Council Workshop on Monday, April 12, the Regular City Council Meeting of Tuesday, April 13, and the Special Workshop with the Ethics Committee on Wedenesday, April 14, 2004 -- Sandra Lee, City Secretary Noble corrected the minutes of Monday, April 12 to show that Councilmember Snell was absent. Eason asked that the minutes for Tuesday, April 13, under Public Wishing to Address the Council, at Wilson's comments, be changed to say: "the effluent should be treated and used as irrigation for farm lands, golf courses, etc." K Consideration and possible action to approve a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning the fifteen -foot (15') Public Utility Easement passing through San Gabriel Village Retail Addition, located south and west of the intersection of San Gabriel Boulevard and Austin Avenue -- Jim Babcock, Development Technician and Amelia Sondgeroth, Director of Planning and Development L Consideration and possible action to authorize the City Manager to sign a letter of support for the Capital Area Rural Transportation System's application for state funding for an intermodal transportation station in Georgetown -- Tom Yantis, Assistant City Manager M Consideration and possible action to authorize the Mayor to execute a new Lease Agreement with the U.S. Government for the Automated Weather Observation Sensor (AWOS) Site and Central Data Platform (CDP) space at the Georgetown Municipal Airport -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Motion by Snell, second by Noble to approve the Consent Agenda with the corrections to the Minutes. Approved 7-0. '• -t •� �. N Consideration and possible action on removal of the Log Cabin at Old Town Park -- Randy Morrow, Director of Community Services Yantis said there had been funds designated for the restoration of the cabin, but the Heritage Society has City Council Meeting Minutes/April 27, 2004 Page 2 of 6 Pages determined that it cannot be restored, so the Heritage Society has withdrawn its request for restoration. He noted that the cabin will be removed, with any elements that are of interest to the Heritage Society or the Williamson County Historical Museum to be offered to those organizations, and the balance of funds that were set aside for the restoration, will be used for improvements to San Gabriel Park. Speaker, Jim Dillard, with the Williamson County Historical Museum told Council it has been determined that there is less than 50% of salvagable material in the structure that would be suitable for restoration. He said, prior to demolition, the Historical Commission would like the opportunity to take photographs and do line drawings of the exterior and would like an opportunity to survey the logs and determine which ones are salvageable. He said the logs will be marked for use in some other project for the Historical Commission or Museum. He said they are particularly looking at the 14 -foot long beams that show the ax marks and construction techniques used in the 1850's. He said the documentation will be done by the Williamson County Historical Commission and the Texas Historical Commission. Motion by Ramsey, second by Sansing to remove the cabin after giving time for study by the Historical Commissions. Approved 7-0, O Consideration and possible action on a Preliminary Plat for 16.63 acres in the John Sutherland and Daniel Monroe Surveys, to be known as Fountainwood Plaza, located on the south side of Williams Drive at the intersection of Jim Hogg Road — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum told Council that the previous plat has expired. She said this plat is completely covered by the Unified Development Code, and no waivers are being requested. She told Council that the staff and Planning and Zoning Commission recommend approval. Motion by Noble, second by Sansing to approve the Preliminary Plat. Approved 7-0, P First Reading of an ordinance for a Century Plan Amendment, to change from Intensity Level 1 to Intensity Level 2, for 3.11 acres situated in the Pulsifer Survey, to become a proposed subdivision, located on Country Club Road -- David Munk, Development Engineer, and Amelia Sondgeroth, Director of Planning and Development Services Munk explained the item, saying flood plain issues will be addressed at the platting stage. He told Council that the Planning and Zoning Commission recommended to deny the intensity change by a vote of 7-0. Speaker, Dale Illig, told Council that staff gave Council a density of the total subdivision. He said the density of the five houses closest to the development average above one acre. He said the homeowners have an easement through the property and have filed an affidavit of use and possesion to establish their rights to use the easement. He said he is concerned about increasing the density. He displayed a picture of the current view down the river from the bridge. He said he would like for the view to remain the same. Speaker, Mary Harland, told Council her property touches the corner of the development. She said she was impressed that the Planning and Zoning Commission considered the wishes of the neighborhood and voted against the development. She said the neighbors are considering pooling their money to purchase the property in order to preserve the area. Speaker, Otis Coufal, told Council his property is west of the property in question. He asked Council to leave the property at Intensity Level 1. He said the picture displayed earlier is a picture of Georgetown history. Speaker, John Bunton, told Council he is very opposed to increasing the density, but his primary reason in opposing the development is for preservation of the rivers. He said there is a walkway near this property to connect San Gabriel Park and Lake Georgetown. He asked that Council take a proactive stance regarding any other property like this that needs to be preserved. Applicant, Brooks Bolden, representing the present owners of the property, told Council the property was purchased in 1995 in a "wild state" and has been cleaned up by the owners to look like a park. He said the deed allows the property owners to enjoy the property without having to share it with others unless there are rights granted through easements. He said he was presented with legal paperwork today regarding an easement that he has not determined is recorded at the Courthouse. He said he is aware that children of the neighborhood have enjoyed the property and have used a canoe that is left there by the owners. Speaker, Alfred Adair, told Council that he and several other property owners gave the City a 40 -foot easement to the lift station in 1995, and he said he is worried about insecticides going into the river. City Council Meeting Minutes/April 27, 2004 Page 3 of 6 Pages Speaker, David Martin, said it doesn't make sense to put one home on that property, much less five homes. He said the traffic impact analysis was based on Country Club Road prior to the connection with Rivery Blvd. He suggested that a new analysis of the traffic impact be done. Nelon asked Carts to respond to the letter containing an easement that was distributed to the Council today. Carts said it appears to be a claim to an easement for the benefit of the neighborhood. She said that easement was needed by the City for trucks to be able to access the lift station. Munk said the intensity level doesn't consider the easement. Smith asked for a description of what would be allowed in Intensity Level 1. Munk said Intensity Level tallows one -acre tracts without wastewater, but confirmed that wastewater is available. Applicant, Brooks Bolden, said if the fifth lot were allowed, it would be on the road, not on the water. He said an easement was granted by the owners of the 3.11 acres as well as the neighbors upstream. He said the easement makes no mention of ingress/egress for anyone other than the City. He said the present owners would be willing to discuss selling the property to the neighbors. He said he would let the owners know that the neighbors are interested in purchasing the property. Motion by Sansing, second by Noble to deny the Intensity Level change. It was clarified that Century Plan amendments require a super majority vote of five for approval. Carts read only the caption of the ordinance on first reading because the requirements of the City Charter had been satisfied. Noble said factors other than water and wastewater need to be considered for Century Plan Amendments. Vote on motion: Approved 7-0. The Century Plan Amendment was denied. Q Second Readings 1. Second Reading of an ordinance providing for the annexation into the City 30.42 acres, more or less, in the Burrell Eaves Survey, North of Texas Drive, for Sun City Neighborhoods 24B-2 and 40 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services Polasek read the caption of the ordinance on second reading. Motion by Smith, second by Sansing to approve. Ordiinance 2004-24 was approved 7-0. 2. Second Reading of an ordinance amending Ordinance 2004-16, Section 4.16.070 of the Code of Ordinances, pertaining to the reinstatement of sunsetted homestead tax exemption provisions if an election on a "tax freeze" fails -- Gabe Sansing and Doug Smith, Councilmembers Smith explained the ordinance. Sansing said he thinks the best way to handle the tax issue is with exemptions rather than with a freeze. He said although he was one of the sponsors of this ordinance, there is a potential of going back and forth with the exemption and freeze. He suggested that since it is expected that the petitions will be brought in May for calling an election, he will vote against it. Motion by Smith, second by Kirby to approve the ordinance. Snell said he agrees with Sansing about the "going back and forth" that could occur. He said as soon as the 90 days is up, he will re -introduce the whole subject. Noble said he would also vote against it. Brandenburg read the caption of the ordinance on second reading. Nelon said many cities in Texas are wrestling with this issue right now. He noted that he agrees with Sansing, Noble and Snell. Kirby, Eason, and Ramsey said they would vote for this ordinance. There was further discussion. Ordinance 2004-25 was approved 4-3. (Sansing, Snell and Noble opposed) 3. Second Reading of an ordinance amending Ordinance 2004-05 which amends Chapter 10.16 of the Code of Ordinances regarding a Downtown Parking Zone -- Tom Yantis, Assistant City City Council Meeting Minutes/April 27, 2004 Page 4 of 6 Pages Manager Yantis read the caption of the ordinance on second reading. Motion by Smith, second by Noble to approve. Snell said the Downtown Committee has suggested two amendments. Motion by Snell, second by Noble to amend. Yantis read the substance of the amendments, limiting to two permits per residence and adding "no more than four total" for a building. He said the two "permanent" visitor permits would be replaced with two "temporary" visitor parking permits. There were questions and comments from the Council. Motion by Sansing to amend the amendment to read three permits instead of two. This motion died for lack of second. Vote on amendment: Approved 6-1 (Sansing opposed) R Consideration and possible action regarding the appointment of Conchita Gusman to the Economic Development Commission to fill the unexpired term of Henry Carr due to his pending unopposed election to the City Council -- Mayor Gary Nelon Nelon explained the item. Speaker, Henry Carr, thanked Council for having had the opportunity to serve on the Economic Development Commission since 2001. He said his only regret in running for the Council seat was having to give up the EDC position. He said he has met Ms. Gusman and thinks she will be an excellent member of the EDC. Noble said his only regret in encouraging Carr to run for the Council seat was that he would have to leave the EDC. Motion by Noble, second by Sansing to approve the appointment. Approved 7-0. S Consideration and possible action to provide funding from Council Contingency to the Williamson County Conservation Foundation for the development of a regional habitat conservation plan -- Tom Yantis, Assistant City Manager Yantis explained that the Foundation has recommended City participation of $15,000. Motion by Sansing, second by Noble to provide $15,000. Approved 7-0, T Consideration and possible action to approve a 1/4 cent city sales tax increase; 1/8 cent for economic development, 1/8 cent for property tax reduction to be placed on the September 2004 ballot -- Doug Smith, Councilmember Smith explained that the Council has made commitments to spend money for economic development and is considering commitments to spend even more, so rather than taking the money from the General Fund and creating a possible property tax increase, he is proposing a sales tax increase. He said he believes splitting between economic development and property tax reduction will gain voter approval. Speaker, Henry Carr, said he is "cheerleading" this option and commends Smith for bringing it up and any councilmember for voting for it. He said he believes that sales tax is the least displeasing tax and would be sustainable funding for economic development. His said his personal preference would be to dedicate the entire 1/4 cent to economic development. He said if the increase in sales tax is to be used for offsetting property taxex, it would have to be done again each year. Motion by Snell, second by Eason to postpone this item until after a workshop. Nelon said education would be valuable due to new legislation regarding 4A taxes. Smith said, in his mind, he thinks property tax reduction means the money would go to the General Fund to thereby lessen the need for an increase in property tax. He said is in favor of true economic development, but not gifts. City Council Meeting Minutes/April 27, 2004 Page 5 of 6 Pages Noble called the question. Vote on the motion: 6-1 (Smith opposed) U Discussion and possible action regarding the recommendations from the Council Subcommittee formed to review the guidelines and establish a percentage of the total budget for social service funding -- Farley Snell, Councilmember Snell said the Subcommittee's recommendation is to use I% of the General Fund for social services funding. He said currently it is at .9%. Motion by Snell, second by Ramsey to approve the recommendation. Approved 7-0. V Consideration and possible action regarding the recommendation from the Council Compensation Committee -- Mayor Gary Nelon Nelon explained that the Committee has met and recommends that the Council compensation stay the same. Motion by Kirby, second by Noble to accept the recommendation of the Compensation Committee. Approved 7-0. The meeting was adjourned at 07:35 PM. City Council Meeting Minutes/April 27, 2004 Page 6 of 6 Pages Attest// City Secretary Sandra Lee