HomeMy WebLinkAboutMIN 03.23.2004 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
Gary Nelon presiding.
Council resent: It Council Absent:
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 for Operations; Trish Carls, City
Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Amelia
Sondgeroth, Director of Planning and Development Services; Laurie Brewer, Controller; Leticia Zavala,
Chief Accountant; Ed Polasek, Chief Long -Range Planner; Bobby Ray, Chief Current Planner; Clay Shell,;
Assistant Fire Chief; Keith Hutchinson, Public Information Officer; Eric Lashley, Library Director; Carla
Bourland, Human Resources Director; Mark Miller, Transportation Services Manager
2111 1111111111 1 1111 11111111111 11111111 1111111111111111111111111111111111 111111111 111 11 111�11111111IIII
Special Workshop to Review Budget Ranking Criteria - Called to order at 5:00 P.M.
C Workshop discussion of the 2004/05 budget process, including the review of preliminary ranking criteria for
budget priorities -- Micki Rundell, Director of Finance and Administration and Paul Brandenburg, City
Manager
Rundell explained the categories of the new budget ranking criteria process, including Perception of Public
Benefit; Revenue Impacts; Expense Savings; Risk/Liability Exposure; Legislative Priority; Availability of
Funding; Cost to Implement; Ongoing Costs; Capacity/Readiness to Implement; Term/Project Longevity;
Growth Longevity; Link to the Century Plan; Organizational Efficiency; Long Range Planning; Customer
Service; Quality of Life. Nelon confirmed that an average will be taken of the councilmember's individual
rankings and will result in a weighted average. Snell asked and Rundell clarified that staff will provide some
information about each proposed project/program to assist the Council with prioritizing.
Yantis walked Council through the new budget ranking process using the 2003/04 Downtown Master Plan
Implementation Program Request Form. It was noted that there needs to be a category for economic
development impact. It was determined that staff will recommend a ranking with explanation, and allow
Council to agree or disagree.
5:32 p.m. -- adjourned workshop
SessionExecutive
Negular Session to convene and continue Executive Session, if necessarxj
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
City Council Meeting Minutes/March 23, 2004
Page 1 of 7 Pages
B Sec.551.087: Deliberations Regarding Economic Development Negotiations
- Potential abatements and incentives for a prospective new business
There was no Executive Session held at this meeting.
Regular Session
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 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 procedure.
- Presentation by George Hernandez of Lone Star Infrastructure regarding SH 130
Hernandez was unable to attend.
G Announcements and Comments from City Manager
There were no announcements from the City Manager.
H Public Wishing to Address Council
No one registered to address Council.
• • ►•-
Consideration and possible action to approve the
minutes of the
Council Workshop on Monday, March 8,
and the Regular City Council Meeting of Tuesday,
March 9, 2004
-- Sandra Lee, City
Secretary
Snell asked for a correction to the Minutes of March 9, on page 10, to remove the reference to "amend"
from the motion to defer consideration on Item DD.
J Consideration and possible action to approve a contract amendment not to exceed $44,500.00 to Roming,
Parker and Kasberg L.L.P. for professional services related to Airport Road and Drainage rehabilitation
-- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility
Operations
Snell asked and Miller responded that this item was budgeted.
K Consideration and possible action on the award of bid for the installation of concrete piers for vehicle
canopy structures at the Municipal Complex to Cormike Construction in the amount of $21,988.00 -- Mark
Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations
L Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed
abandoning a portion of the thirty-seven and one half foot (37'/2') Drainage Easement on the west side of
Lot 69, Block C, in Cimarron Hills, P.U.D., Phase One, Section Two, located at 110 Paloma Point -- Jim
Babcock, Development Technician and Amelia Sondgeroth, Director of Planning and Development
Motion by Kirby, second by Noble to approve the Consent Agenda with a correction to the minutes. Approved 7-0.
Mayor announced that the following three items would be brought forward:
R7. Public Hearing regarding Amendments to Sections 3.13.010(B & D), 4.04.030(G), and 16.05 and Adding
New Sections 3.13.010(E & F), 3.13.040(E), and Adding New Section 4.10 of the Unified Development
Code (UDC) pertaining to the Old Town Overlay District -- Quana Childs, City Architect, and Amelia
Sondgeroth, Director of Planning and Development Services
City Council Meeting Minutes/March 23, 2004
Page 2 of 7 Pages
Sondgeroth noted that these amendments were directed by the Council approximately one year ago to
protect and preserve the historic structures and the character of the Old Town Neighborhood of Downtown
Georgetown. She explained the sections to be amended and added. She said the proposed amendments
are in three main categories: (1) Demolition of a High Priority Structures as identfied in a 1984 Historic
Resources Survey; (2) Changing Exterior Elements of a Residential Structure Going to Commercial within
the Historic District or a Vacant Property Being Developed for Commercial Use; and (3) Special Provisions
called Contextual Standards to allow the front -yard setbacks to be consistent with existing setbacks in Old
Town. She described the boundaries of the District as 2nd Street to the north; Holly Street and Hutto Road
to the east; 17th, 18th, and 19th Streets on the south; and the boundaries of the Downtown Overlay District
and Austin Avenue on the west. She pointed out that residential property owners wanting to make repairs
and normal exterior changes to a residence, as long as the structure is to remain a residence, would not
need to go before the Historical and Architectural Review Commission. She said adding an addition would
require a building permit, but no approval from HARC. She said there were two public hearings held before
the Planning and Zoning Commission. She recognized volunteer, Renee Hanson, and Staff Historic District
Planner, Quana Childs, saying they were helpful in answering questions at the first public hearing. She
noted that the current boundaries are a result of the Public Hearing. She said the proposed amendments
were approved by the Planning and Zoning Commission with four changes that have now been
incorporated into the ordinance for Council approval.
Snell reviewed the process for demolition of a home in the district, noting that if a certificate is not granted
upon application, there is a six-month waiting period required during which time there would be an attempt
to find an owner for the house who would be interested in restoring or moving the house to a different
location. He confirmed that at the end of that period, the HARC would be required to award the certificate
for demolition.
The Public Hearing was opened at 6:09 p.m.
Speaker, J. C. Johnson, told Council he has lived in Old Town since 1921, said he thinks the proposed
overlay is needed, and encouraged Council to approve the District.
Speaker, Jim Dillard, told Council he and his wife live in a 109 -year old home in Old Town. He said
because of the preservation of the historic structures and the downtown square, Georgetown is one of a
limited number of Main Street cities that have been recognized by the National Trust for Historic
Preservation. He said "heritage" tourism brings money to Georgetown. He encouraged Council to approve
the ordinance.
Speaker, George Meyer, gave his minutes to Renee Hanson.
Speaker, Barbara Meyer, told Council she lives on a block of land between Pine and Walnut on 3rd Street.
She told Council that her house has historical significance since Jesse Daniel Ames, a prominent woman in
Williamson County who championed women voting, once lived in her house. She said a second house
lived in by Jesse Daniel Ames and her mother is for sale on Main Street. She encouraged Council to vote
for the Old Town Overlay.
Speaker, Richard Cutts, told Council he lives in one of the houses on the high priority list. He said this
ordinance is an important "first step." He said he would like to see protection in the District for the trees.
He urged Council to approve the Overlay District.
Speaker, Ron Shelley, told Council he is Vice Chair of the Board of Trustees of the First United Methodist.
He said the Church owns the property at 512 E. University, a high priority in the historic overlay. He said
the house at 512 E. University will need to either be moved or demolished in the near future in order for the
Church to implement its plan for expansion. He said the Church has an agreement with the neighors that
the expansion of the Church will go east down University rather than south into the more historic
neighborhood. He asked the City Council, the Planning and Zoning Commission, and the Historic Overlay
Committee to be mindful of the Church's good faith efforts to be a good neighbor.
Speaker, Renee Hanson, said as a member of the Old Town Overlay Committee, she has worked with the
Committee and the citizens at the Public Hearing regarding the size of the proposed district and the
updating of the high priority list. She said she has visited all of the 153 sites and the Committee has
reduced the boundaries by removing the demolition review from the overlay district. She said the
Committee approves of the expansion of the Methodist Church. She asked that Council approve the
preservation of Old Town.
City Council Meeting Minutes/March 23, 2004
Page 3 of 7 Pages
The public hearing was closed at 6:25 p.m.
R8. First Reading of an ordinance Amending Sections 3.13.010(B & D), 4.04.030(G), and 16.05 and Adding
New Sections 3.13.010(E & F), 3.13.040(E), and Adding New Section 4.10 of the unified Development
Code (UDC) pertaining to the Old Town Overlay District — Quana Childs, City Architect, and Amelia
Sondgeroth, Director of Planning and Development Services
Sondgeroth read only the caption of the ordinance on first reading after having satisfied the requirements of
the City Charter. Sansing said he agrees with Mr. Cutts about the need to preserve trees. He suggested
the waiting period be changed to 150 days instead of 180 days.
Motion by Snell, second by Noble to approve the ordinance. Motion by Snell, second by Smith to amend
with the following: amend the language for the definition of a High Priority and again on Page 5 to read:
"Any structure designated a high priority in the Historic Resources Survey of Georgetown, Texas by Hardy,
Heck & Moore, 1984, as amended from time to time by the Preservation Officer to reflect an updating of the
List. Approved 7-0.
Motion by Snell, second by Eason to amend C. Residential Contextual Standards on Page 4, to state:
"The new dwelling unit should not be set closer to the street than the unit on any adjacent lot with the same
housing type and may be set no farther back from the street than 15 feet more than the unit on any
adjacent lot for the same housing type that is closest to the street." Sansing asked Snell and Eason to
change "street" to "property line." Snell and Eason agreed. Approved 7-0. Vote on Amended
Ordinance: Approved 7-0.
R10. First 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, Councilmember for District 2 and Doug Smith, Councilmember for District
3
Carls read the caption of the ordinance on first
reading
after having satisfied
the requirements of the City
Charter. Motion by Smith, second by Snell to
suspend
the rules concerning
reconsideration of this item.
Speaker, J. Howard Williams, told Council he and his wife are 75 years of age, and he was one of
approximately 2000 people who signed a petition requesting a freeze of the City tax rate. He said he had
no desire to shift his tax burden to anyone who had not yet reached the age of 65. He said the shifting of
tax burden is repulsive to him. He said the recent Council action increasing the exemption "does what he
doesn't want" and asked Council to reverse that action. He said he is a former CPA and business man, and
he congratulated the Council for having reduced the city taxes by over 20% and believes they will be able to
continue. He said he doesn't believe there will be a shift in the burden if there is a freeze. He said if the tax
rate doesn't change, the freeze will cause no change and will cause no shift. He said his income will not
increase but his expenses for Medicare and other living expenses will continue to increase in time. He said
he doesn't believe the freeze will cause harm to anyone. He said it will shield those over 65 from increases
that come in future years.
Smith clarified that the ordinance sunsets the exemption when a petition for a freeze is brought forward. He
said they are suspending the rules to add that if a freeze election fails, then the exemptions would be
reinstated.
Vote on the motion to suspend the rules: Approved 6-1. (Noble opposed)
Motion by Smith, second by Eason to reconsider the item. There were clarification questions from
Sansing.
Motion by Sansing, second by Noble to defer this consideration. Sansing said he wants to do more
fact-finding. He asked that the item be put on the April 13 agenda. Noble said the Council is getting deeper
into this issue without a full understanding of the ramifications. Snell said they received a timeline last night
and this will give the Council a chance to talk about the timeline at the next meeting. Approved 5-2.
(Smith and Eason opposed)
M Consideration and possible action to approve an ordinance to declare unopposed candidates Doug Smith
for City Council District 3 and Henry Carr for City Council District 4 elected to office, and to cancel the May
City Council Meeting Minutes/March 23, 2004
Page 4 of 7 Pages
15, 2004 election
for Councilmember
Districts
3 and 4
due to no opposition, if no
candidate files for
write-in candidacy
before the deadline -- Sandra
Lee, City
Secretary and Trish Carls,
City Attorney
Consideracion y posibiledad accion de pasar una ordinance para declarar sin oposed canidates Doug
Smith para ciduad council districa 3 y Henry Carr para ciduad council districa 4 electidad de oficina, y para
cancelar /a e/ecion del 95 dia de Mayo 2004 del council districas 3 y 4. Si ningun canidate jusga estas
pociciones en forma de escritura antes de la expariacion -- Sandra Lee, City Secretary and Trish Carls, City
Attorney
Carls explained the purpose of the ordinance, explained that the publication deadline was not met, and read
the ordinance. Motion by Noble, second by Ramsey to approve the ordinance on first reading. Approved
7-0.
N Consideration and possible action to authorize application for a Grant of $102,463.00 from the Federal
Emergency Management Agency with a ten percent matching fund of $ 10,246.30 from the City of
Georgetown to fund the Candidate Physical Ability Test (CPAT) and the Wellness & Fitness Initiative
Program -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief
Shell explained the item. Snell asked and was told that the matching funds will come from the "billing for
services" fund. There were further questions about the CPAT and the Fitness Program. Noble asked and
was told that some Police Officers also use the Fire Department exercise equipment. Brandenburg asked if
it would be possible to borrow equipment from the Round Rock Fire Department for the CPAT, but Shell
said Round Rock does not allow their equipment to leave their Fire Department, so Georgetown testing
would have to take place in Round Rock. Motion by Ramsey, second by Sansing to approve the
application for the grant. Approved 7-0.
O Discussion and possible action regarding the proposed funding for the Wolf Ranch SH 29 Project --
Micki Rundell, Director of Finance and Administration
Rundell noted that $8.8 million has been committed for transportation improvements along SH29, and the
timing will not work to use a SIB (State Infrastructure Bank) Loan. She said First Southwest has
recommended issuing 7 -year limited tax notes at a lower rate than the SIB loan would be and then
refinance the balance for the remaining 13 years. She said this would be "below 3V money. Motion by
Snell, second by Sansing to approve the recommended funding. There were further questions from
Council. Rundell said the loan will be backed by the Wolf Ranch Public Improvement District. Approved
7-0.
P Consideration and possible action to authorize First Southwest Company to proceed with the preparation
of the required bond offering documents for the upcoming 2004 bond issue -- Micki Rundell, Director of
Finance and Administration
Rundell explained the bond offering documents will include the $8.8 million for the Wolf Ranch Project; the
second phase of the the fleet replacement plan at 3 -year money; and $400,000 to complete the Animal
Shelter at 7 -year money. Motion by Sansing, second by Noble to approve. Approved 7-0.
Q Second reading
of an ordinance of
the
City of Georgetown renaming a portion of Shell Road to
Wildwood Drive --
Anthony Lincoln,
Fire
Chief
Shell read only the caption of the ordinance on second reading. Motion by Sansing, second by Ramsey to
approve Ordinance 2004-20. Approved 7-0.
R Public Hearings/ First Readings
1. Public Hearing to consider an ordinance rezoning Crestview Addition, Unit 1, Block 2, Lot 1, from
RS, Residential Single Family to OF, Office District located at 1602 Williams Drive -- Bobby Ray,
Chief Development Planner & Amelia Sondgeroth, Director of Planning and Development
Ray explained the purpose for the rezoning is to allow the site to be used as a professional office.
Ray said this was approved by the Planning and Zoning Commission. The Public Hearing was
opened at 7:06 p.m. There were no comments. The Public Hearing was closed at 7:06 p.m.
2. First Reading of an ordinance rezoning Crestview Addition, Unit 1, Block 2, Lot
1, from
RS,
Residential Single
Family to OF, Office District located at 1602 Williams Drive --
Bobby
Ray, Chief
City Council Meeting Minutes/March 23, 2004
Page 5 of 7 Pages
Development Planner & 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 Sansng to approve the ordinance on first reading.
Approved 7-0.
3. Public Hearing on an ordinance providing for the annexation into the of City 3.11 acres, more or
less, in the Joseph P. Pulsifer Survey, located at the 1310 Country Club Road -- Ed Polasek,
Chief Long Range Planner and Amelia Sondgeroth, Director Planning and Development Services
Polasek explained the item and demonstrated the location of the property on an overhead map.
He said included in the agenda packet were the annexation matrix and the fiscal impact model.
Snell asked for clarification of the annexation matrix. The Public Hearing was opened at 7:10 p.m.
There were no comments. The Public Hearing was closed at 7:10 p.m.
4. Public Hearing on an ordinance providing for the annexation into the City of 9.01 acres, more of
less, in the John Powell Survey, which are Lots 1 and 2, Kelley Trust Phase 4-A-- Ed Polasek,
Chief Long Range Planner and Amelia Sondgeroth, Director Planning and Development Services
Polasek explained that this is the second public hearing for this item, and demonstrated the
location of the property on an overhead map. He noted that this annexation shows a positive fiscal
impact. The Public Hearing was opened at 7:11 p.m. There were no comments. The Public
Hearing was closed at 7:11 p.m.
5. Public Hearing on an ordinance providing for the annexation into the City of 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 Planning and
Development Services
Polasek noted that this is a voluntary annexation as was included in the Sun City Development
Agreement. The Public Hearing was opened at 7:12 p.m. There were no comments. The Public
Hearing was closed at 7:12 p.m.
Mayor Nelon recused himself for the next item and Mayor Pro Tem Doug Smith conducted the item.
6. Public Hearing on an ordinance providing for the annexation into the City of 57.141 acres, more
or less, in the John Pulsifer Survey, located north of River Chase Subdivision, which is River
Chase II -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director Planning and
Development Services
Polasek explained the item, saying it is located along the Middle Fork of the San Gabriel River,
noting that it does not have City sewer service. Sansing confirmed that the City will not provide
City sewer to this property. When asked by Smith, Polasek explained that the basis of the
environmental impact scoring on the matrix for this annexation was that these will be large lots and
development will be set back from the river. There was further discussion. The Public Hearing
was opened at 7:16 p.m. There were no public comments. The Public Hearing was closed at 7:16
p.m.
7:17 p.m. -- Motion to adjourn
7. Public Hearing regarding Amendments to Sections 3.13.010(B & D), 4.04.030(G), and 16.05 and
Adding New Sections 3.13.010(E & F), 3.13.040(E), and Adding New Section 4.10 of the Unified
Development Code (UDC) pertaining to the Old Town Overlay District -- Quana Childs, City
Architect, and Amelia Sondgeroth, Director of Planning and Development Services.
This item was considered earlier on the agenda at the beginning of the Legislative Regular
Agenda.
8. First Reading of an ordinance Amending Sections 3.13.010(8 & D), 4.04.030(G), and 16.05 and
Adding New Sections 3.13.010(E & F), 3.13.040(E), and Adding New Section 4.10 of the Unified
Development Code (UDC) pertaining to the Old Town Overlay District — Quana Childs, City
Architect, and Amelia Sondgeroth, Director of Planning and Development Services.
City Council Meeting Minutes/March 23, 2004
Page 6 of 7 Pages
This item was considered earlier on the agenda at the beginning of the Legislative Regular
Agenda, following Item R7.
10. First 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, Councilmember for District 2 and
Doug Smith, Councilmember for District 3
This item was considered earlier on the agenda at the beginning of the Legislative Regular
Agenda, following Item R8.
The meeting was adjourned at 07:17 PM.
City Council Meeting Minutes/March 23, 2004
Page 7 of 7 Pages
Attest:'
City Secretary Sandra Lee
STATE OF TEXAS )
COUNTY OF WILLIAMSON )
Meet. Date
-Z3 -o
Agenda Item No. k
AFFIDAVIT
V AJEL ®,�
I> as a member of the
make this affidavit and hereby on oath state the following: I,
andlor a person or persons related to me, have a substantial interest in a business as those terms are defined in Tex. Local Gov't
Code, 171.002.
The business entity is
Name and Address
a substantial intdrest in this business entity for the following reasons
or name of relative and relationship) have/has
(check all which are applicable).
Ownership of 10% or more of the voting stock or shares of the business entity.
Ownership of 10% or more of the fair market value of the business entity.
Ownership of $15,000 or more of the fair market value of the business entity.
Funds received from the business entity exceed 10% of my/his/her income for the previous year.
Real property is involved and I/he/she have/has an equitable or legal ownership with a fair market value of at
least $2,500.
A relative of mine has a substantial interest in the business entity or property that would be affected by a
decision of the public body of which I am a member.
Other:
Upon
filing of this affidavit
with the City
Secretary, I affirm that I will abstain from voting
entity
and from any further
participation
on this
matter whatsoever.
Name:
Title:
any decision involving this business
BEFORE ME, the undersigned
authority, on this day
personally
appeared the above-named person who on oath stated
that the facts hereinabove stated are true
to the best
of his/her
knowledge
or belief.
SWORN TO
this AZkday of
200.
Public in and for the gtate of Texas
lyr
i �, . �• i