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HomeMy WebLinkAboutMIN 03.09.2004 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, Jack All Council Present Noble, John Kirby, Farley Snell, Mark Ramsey !i Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Trish Carls, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Amelia Sondgeroth, Director of Planning and Development Services; David Morgan, Police Chief; Anthonly Lincoln, Fire Chief; Randy Morrow, Director of Parks and Recreation; Ed Polasek, Chief of Long -Range Planning; Bobby Ray, Chief of Current Planning; Clay ) Shell Assistant Fire Chief; • ! - s - • a s There was no Workshop held at this meeting. Regular Session to convene and continue Executive Session, if necessary A Sec.551.071 consultation with attorney - Pending or Threatened Litigation - Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline - Lower Colorado River Authority regarding purchase of the Lost Pines Generating Unit from Calpine and Load Cap Impact - Legal Advice Regarding Agenda Items and other Matters - Proposition 13 Tax Freeze and Tax Exemption Issues B Sec.551.072 deliberation on real property - Consideraton and possible action to approve the draft proposal for acquisition of property for the effort termed the "jug -handle" road for connection to the Inner Loop North East -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations - Discussion and possible action regarding acquisition of property for downtown parking and city facilities There was no Executive Session held at this meeting. Regular Session C Call to Order The meeting was called to order at 6:00 p.m. City Council Meeting Minutes/March 9, 2004 Page 1 of 10 Pages Mayor Nelon led the pledge. E 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 overview of meeting procedures. - Proclamation for National Red Cross Month Mayor Nelon read the proclamation. - Proclamation to Recognize Kathleen Simpson as a Top Youth Volunteer in Texas for 2004 Mayor Nelon read the proclamation and presented it to Kathleen Simpson. F Announcements and Comments from City Manager Brandenburg made the following announcements: - Last day to file for positon on the May 15 ballot for Councilmember for Districts 3, 4, and 7 is Monday,March 15 by 5:00 p.m. - Next Community Breakfast will be Friday, April 2, at 7:30 a.m. at the Georgetown Municipal Complex on Industrial. He said the speakers will be from TXDOT and the public is welcome to attend. . - GUS Electric received a 1 st Place Safety Award, at the APPA Engineering and Operations Conference in San Antonio for working safely for a year without a recordable incident. He said this is the second such award in four years. G Public Wishing to Address Council There was no public registered to address Council at this meeting. H Action from Executive Session on March 8, 2004 1. Motion by Smith, second by Noble that the Mayor be authorized to send a letter to the Brazos River Authority regarding the calculation and amount of Georgetown's share of the operations and maintenance expenses for the raw water pipeline, and for the City Attorney and City staff to take any necessary follow-up actions consistent therewith. Approved 7-0. 2. Motion by Smith, second by Sansing that the City Council approve the acquisition of property to connect the City's industrial park to the Inner Loop Northeast, consistent with the staffs proposal presented to Council in Executive Session on March 8, 2004. Approved 7-0. Consideration and possible action to approve the minutes of the Council Workshop on Monday, February 23, and the Regular City Council Meeting of Tuesday, February 24 -- Sandra Lee, City Secretary There were corrections from Snell regarding councilmembers present at the Workshop on Monday, February 23, saying former Councilmember Charles "Hoss" Burson was listed as being present and Snell was not. Snell said on Page 7, there is a statement that he and Terry Irian had agreed that the cemetery could sell lots but not conduct burials until after the road is improved. He said that is what he intended, but he said he thinks that Irion disagreed with him. Smith noted that Mark Ramsey was not listed as being present. J Consideration and possible action to approve a resolution amending Resolution 012704-P, ordering the May 15, 2004 General Election, to correct the Election Day polling location for voters in County Voting Precincts 381 and 310 to be the Sun City Social Center, 2 Texas Drive -- Sandra Lee, City Secretary K Consideration and possible action to approve the recommendation from the Convention and Visitors Bureau Board to award a $627 HOT Fund Grant to the Georgetown Quilt & Stitchery Show for their upcoming show -- Shelly Hargrove, Main Street Manager and Tourism Coordinator L Consideration and possible action to authorize the purchase of twelve laptop computers for patrol vehicles in the amount of $48,924.00 -- Pat Taylor, Police Department IT Manager and David Morgan, Police Chief City Council Meeting Minutes/March 9, 2004 Page 2 of 10 Pages Kirby spoke against the price of the computers. He asked that next time a less expensive model be provided. M Consideration and possible action to authorize the purchase of eight (8) docking stations for patrol vehicles utilizing seized funds in the amount of $7,082.00 -- Pat Taylor, Police Department IT Manager and David Morgan, Police Chief N Consideration and possible action to authorize the purchase of personal computers and hardware from Gateway Computer Corporation in the amount of $24,058 with a not -to -exceed amount of $30,000 -- Dennis Schoenborn, Director of Information Technology and Micki Rundell, Director of Finance and Administration. O Consideration and possible action to adopt a mutual aid agreement for public safety entities within the Capital Area Planning Council (CAPCO) region -- Kevin Stofle, Assistant Police Chief and David Morgan, Police Chief P Consideration and possible action to apply for the Vest Partnership Grant -- Kevin Stofle, Assistant Police Chief and David Morgan, Police Chief Q Consideration and possible action to approve the retirement of two police service dogs from the K-9 Unit -- Roland Waits, Police Captain and David Morgan, Police Chief R Consideration of a resolution granting a petition and setting public hearing dates for the annexation into the City for 57.141 acres, more or less, in the John Pulsifer Survey, located north of River Chase Subdivision, w hich i s R Iver Chase Il-- E d P olasek, Chief Long R ange P lanner a nd Amelia S ondgeroth, Director Planning and Development Services Motion by Sansing, second by Ramsey to approve the Consent Agenda with the corrections to the minutes. Approved 7-0. •', • • • :• S Continuation of the Public Hearing and consideration and possible action on a Special Use Permit for McDaniel Park Lot 3, 10.67 acres, to establish and collocate an additional antenna on an existing tower at the Cox Communications Facility, located at 111 North College Street -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum noted that this is the same item that was discussed at the last meeting, but had been posted with the incorrect lot number. Mayor noted that the Public Heading has remained open since the last meeting. There were no comments, and the hearing was closed at 6:12 p.m. Motion by Snell, second by Sansing to approve the Special Use Permit. Approved 7-0. T Presentation of the Summary of the 2003 Racial Profiling Report as mandated by the State Legislature -- David Morgan, Police Chief Morgan provided an executive summary of the mandated racial profiling report. He said there have been no racially -based complaints this year. There were questions and compliments from Council. U Consideration and possible action to approve a resolution to direct staff to prepare an ordinance amending Ordinance 2004-16, passed on February 24, 2004, to state if a Proposition 13 Election is failed by the majority of the voters of Georgetown, all property tax exemptions that were "sunsetted" by the calling of the election will be automatically reinstated -- Councilmembers Doug Smith and Gabe Sansing Smith noted that the Council was attempting to allow assistance to those who own moderately -valued homes and live on fixed incomes. He gave a recounting of Council's past actions regarding the tax exemptions. He said although it was not stated, it was the intent that if a Proposition 13 election is called and it fails, the exemptions will be automatically reinstated. He said that is the intent of the direction to staff to prepare an ordinance to that effect. City Council Meeting Minutes/March 9, 2004 Page 3 of 10 Pages Motion by Snell, second by Kirby to approve the resolution. Noble asked staff how this would work if there were an election in September. Rundell said it would mean a refund due to recalculation. She said Williamson County recommends adding it back on the next tax cycle. Rundell said the statements would have to be resubmitted and the tax bills would have already gone out by that time. She said the City would be responsible to pay for it to be redone. Snell said he would like to see a timeline to show the results on calling an election at various different dates. He asked for and received confirmation that once the taxes are levied, they can't be "undone." Nelon asked for Rundell to bring back the very last day to get information to the Appraisal District for preparation of the tax bills. Smith said he knows a freeze would be better than an exemption. He said he doesn't think there are many people who really intend to receive the tax exemption and the tax freeze. He said he hopes that if a petition comes forward, it will come in time for staff to react. Noble said he doesn't think anyone intended to "double -dip." He asked that staff work with the petition signers to reach a compromise and not put the Appraisal District through the action of having to redo the tax bills. Vote on the motion: 6-1. (Noble opposed) V Consideration and possible action to direct staff to prepare an ordinance for the March 22, 2004 City Council Agenda to initiate a uniform $47,000 exemption for all City of Georgetown homestead property owners to replace current tax exemptions in Ordinance 2004-16 adopted on February 24, 2004 Kirby said he is also trying to find a way to accomplish what was intended by Proposition 13. Motion by Kirby, second by Snell to modify the exemptions that were adopted at the last meeting and direct staff to prepare an ordinance to help those in need and only those in need. Kirby asked that city staff find a way to provide an exemption for young or old if they need it and only for those who have a need. He said rather than suggest the amount of $47,000, he would suggest leaving the amount up to the staff. Nelon confirmed with Kirby that the item is posted for a uniform $47,000 exemption and there is no "means test." Ramsey said it looks like the tax rate would have to be raised to provide this exemption. Snell said he expects that staff will provide information that will show the impact of this exemption compared to the previous ordinance. Snell said this would be a "homestead" exemption, is not an alternative to the freeze, but is worth looking at. In response to Ramsey's question, Kirby said the shift is to reduce the burden on people who live in a smaller house and will cause a tax increase on the larger homes and non -homestead properties. Smith said the amount should not be left to staff, and asked that Council specify the amount to be investigated. Smith confirmed that Kirby intends this to supercede the current exemption that was just passed, and to include the sunset provision and the reinstatement provision just passed. Snell said the $47,000 figure needs to be included in the ordinance so comparisons can be made. Motion by Sansing, second by Ramsey to amend the motion to remove the term, "ordinance", and have staff bring information forward based on $47,000. Smith said he thinks the issue coming back to Council as an ordinance is a proper way to handle it and it can be voted up or down. Snell noted the only difference would be two weeks. Sansing and Ramsey withdrew the motion and second. Vote on Kirby's motion: 5-2 (Noble and Sansing opposed) W Consideration and possible action to direct staff to do research and prepare information regarding disannexations for a discussion at a future Council Workshop -- Mayor Gary Nelon Nelon said when there is an undercurrent of discussion taking place regarding a topic, he feels it is his responsibility to put it on the agenda to see if there is a majority of the Council that is interested in pursuing it. He said he hopes the Council will not want to do a workshop on this issue at this time. He said he hopes if this ever happens in the future, it will be because the Council received a petiton from the citizens asking for disannexation. He said, at that point, it should be considered by the Council, but not before. He said he feels the Council needs to continue with annexation, not disannexation. Motion by Sansing, second by Ramsey not to hold a workshop on disannexation. Sansing said the City should not give thought to disannexation. Ramsey said disannexation takes "something" away from the City. He said the people in each part of the city are a vital part of the Georgetown community and contribute to its economy. It was discussed that this would apply to any part of the City, such as Churchill Farms, Berry Creek, Quail Valley, or Sun City. Smith said he is not inclined to support the disannexation, but he said he has heard rumors and would like to have a workshop to get the truth. Noble said, if the disannexation were for Sun City, the City wouldn't be City Council Meeting Minutes/March 9, 2004 Page 4 of 10 Pages able to reduce any services in order to balance the tax loss. Eason said she agrees with Smith that there needs to be a workshop to dispel the rumors. Nelon said he feels if and when a request comes forward from the citizens who live in a particular area desiring disannexation, that would be the appropriate time to consider a discussion on the subject. Kirby said he doesn't desire disannexation, but he thinks there will be circumstances where there would be no harmony without disannexation, and in those cases, it should be considered. He said he has many friends in Sun City and would not want them to disannex unless it is their desire. He said a workshop would be for information gathering. He said disannexation could be a defensive tool to use against the "flawed" law regarding a tax freeze. Sansing said if people wish to come forward with a disannexation request, that would be the time to study the impact, and said he doesn't think it needs to be dealt with at this time. Eason said she thinks it would clear up the confusion if there were a workshop. Nelon said he doesn't think there is anything to clear up unless a petition is received. Noble said years ago, there was a study done to determine whether Sun City was an advantage to the City or not. He suggested that study be brought forward. Speaker, Henry Carr, said he is tired of hearing the "d" word. He said it was brought up during the recall of a former Mayor. He said it was brought up by a former councilmember and suggested to a resident of Sun City. He suggested that disannexation would put the City at financial risk, and would create a "bad" bond rating. He said to study it would indicate Council's support for the idea and would be a waste of Council and staff time. He asked Council to vote against it. Smith and Eason agreed that they would not want to indicate that they are in support of disannexation. Vote on the motion by Sansing: Approved 6A. (Kirby opposed) Mayor Nelon recused himself and left the dais. Mayor Pro Tem Doug Smith conducted the next item. X Second Reading of an Ordinance of the City Council of the City of Georgetown, Texas, establishing a cemetery use for a 20.49 acre site in the Stubblefield Survey, Abstract No. 556, located in the City's Extra -territorial Jurisdiction (ETJ) at 330 Berry Lane in compliance with the requirements of Senate Bill 667 (78th leg. sess. 2003) -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray read only the caption of the ordinance on second reading and explained the changes made to the ordinance by the Council on first reading. He said Section 4 am. has been removed and an analysis of the modification of the road materials has been received. He asked City Engineer, David Munk, to respond. Munk said he didn't receive as much testing information as he had hoped. He said the standards, as proposed, would not meet the City's minimum driveway standard. Sansing said he is disappointed in the response by the engineers. He pointed out there was a response from Don Bizzell that, although it didn't meet city standards, it would not be "unsafe." Munk agreed he could not say that the road would be unsafe. Snell said he is fully supportive of the cemetery, but he is "stuck" on the word "safe" in the senate bill. Munk said if the road is 20 feet wide, it will hold emergency vehicles. Snell clarified that if the road is safe on the first day of operation, once the ordinance is passed, the Council and the City are out of the business of ensuring that the road continues to be safe. Noble asked and Munk confirmed that this type of road is not allowed in the City because it will not last for 20 years. Munk said he could not say how long this particular road would "hold up." Brandenburg said there is a County standard, a City standard, and the option suggested by the applicant. There was much discussion regarding the standards. Noble asked if the Council would be liable by approving a road built to the standard suggested by the applicant. Carls said the ordinance proposes a little less than the City standard because this is an "incredibly unique situation," and said she hoped the City Council would not be liable. Kirby said he thinks the County should be looking into this. When asked, it was determined that the County requirements are "more stringent" than the City requirements for an urban road. Eason said the state has given the Council a responsibility to make a statement of safety, and she doesn't think if the City cannot guarantee safety for more than one day, that the revised road improvements are adequate. Speaker, Wendi Lester -Mason, said adopting an ordinance that is less than what is required for safety would be very irresponsible. She said she also provided some additional information to the Council regarding issues requiring a security gate. Lester -Mason said she thinks the Council has jurisdiction to City Council Meeting Minutes/March 9, 2004 Page 5 of 10 Pages require the security gate. Speaker, Ruth Roberts, said the cemetery will negatively effect the health, safety and welfare of all of the neighbors. She said she feels the attorney for the cemetery will argue that the City has no control over the cemetery since it is not listed in the UDC. She said she has reason to believe that he will argue that it should be the responsibility of the County, and County Road Engineer, Joe England, has said the County will do nothing because the property is over 10 acres. She told Council she has been told that the Georgetown Fire Department would not be able to send large tanker trucks down Berry Lane, just smaller trucks that can only provide 90 seconds of water spray. She noted that the road surface has deteriorated due to gravel placed on it by the Brumders. Speaker, Daniel Akers, told Council when he bought his home one year ago, he signed the covenants that stated that all tracks shall be used for residential purpose only. He noted that instead of a paved road, it is now gravel. He referred Council to the information provided by Lester -Mason regarding security problems at cemeteries. He asked for a gate to separate the cemetery from the homeowners. Speaker, Ellen Brumder, thanked the Council for approving the ordinance on first reading. With an overhead, she demonstrated a plot plan and stated that none of the neighbors attended the required public hearings or came to their home when invited. She said they had received no complaints until October when the cemetery was to be blessed. She said it is hard to understand how the cemetery could become solely responsible for the deterioration of the road when it has for years serviced a registered daycare with 15 in and out trips per day. She noted that a "stop work" order has been issued by the City and they have not been able to do any work for the last five months. Speaker, Nick Brumder, noted that the daycare generates about 10 times as much traffic as a cemetery. He said the environment, will contribute he was maintaining and will provide jobs to the community. the road but was stopped by the City, so the road is continuing to deteriorate. Speaker, Patrick Buchanan, said six months ago, after Bobby Ray told Ellen Brumder that the cemetery was in good order, and Ray was preparing a letter of acceptance for the project, a few days later the neighbors asked the City to issue a "stop work" order which now keeps them from filling the potholes to make the road safe. He asked Council to ask staff why they disagree with Don Bizzell who says the road is structurally sound and can support emergency vehicles. Speaker, Phil Francis, gave Council his credentials as a registered professional engineer in Texas and said he backs Don Bizzell and his statement that the road will be safe with the improvements proposed by the Brumders. Speaker, Diana Francis, said this is a "hopeful evening" for the cemetery and Georgetown because the project does no harm to the environment, will contribute sales tax dollars to Georgetown for every monument sold, and will provide jobs to the community. Speaker, Dana Akers, said because their home is in this neighborhood, the safety of the road is very important. She said her issues have always been security and the road. She said she and her husband originally supported the cemetery until things were not going as they thought they should. She said adequate security is not being considered. She referred Council to the information provided by Lester -Mason from Patrick Donaldson of Forbes Security regarding security for cemeteries. She said there are many issues that need to be taken into consideration, including lighting and gating for the cemetery. She said the neighborhood is asking for a security gate to be placed directly beyond the cemetery. She said that she and her husband met with the Brumders to receive a quote for the gate, but the gate has never been installed. Speaker, Jim Donovan, said the road has been declared unsafe by the Planning Department, the Fire Department and others. He said this would never be allowed within the City, and since the City governs this ordinance, it is his recommendation that the road follow City standards. He said the senate bill charges the Council with the responsibility for ensuring safety. Motion by Snell, second by Eason to approve the ordinance on second reading. Motion by Sansing, second by Ramsey to amend the motion that the Champion Site Prep version be substituted for the road improvements required in the ordinance; and that the homeowners have access to cemetery property to allow a security feature to be installed at homeowners' expense. Snell said those are two different things and someone might vote against the whole thing just to be against one part of it. Eason said she would vote against the amendment because she doesn't approve of downgrading the road. City Council Meeting Minutes/March 9, 2004 Page 6 of 10 Pages Motion by Noble to amend that the City is no longer responsible for the road or any repairs thereafter. Smith said he thinks timing should be added to the motion by Sansing. Sansing said he agrees that there should be a "time certain" date included. Smith asked Carls to respond and she read from information provided by Irion proposing that September 1 be the start date and that the construction will be secured with a letter of credit. Smith suggested a "finish" date. Snell suggested that the wording would be agreeable in place of Section 4b. Sansing agreed to withdraw his previous amendment and Ramsey agreed to withdraw his second and substitute the language read by Carls that the road will be the modified construction recommended by Don Bizzell and will begin no later than September 1, 2004, and be secured by a letter of credit to the City. Ramsey asked if the responsibility for maintenance of the road has been determined. Smith said he doesn't think that is the responsibility of the Council. At Kirby's question, Caris explained the purpose of the letter of credit. Snell said he will vote against the amendment because he feels he has to trust the staffs recommendation as to the standard for the road. Noble agreed with Snell. Sansing said he doesn't think the City should prescribe the standard for the road because it is outside the City limits, and he said he thinks it's unfair to ask the cemetery to pay the entire cost of the road improvements. Vote on the amendment: denied 3-4 (Noble, Snell, Kirby, and Eason opposed.) Motion by Snell, second by Sansing to amend the ordinance to require the applicant to allow the neighbors to have the needed location to provide a security gate at the neighbor's expense. Approved 7-0. Snell asked about 4(d) and a Traffic Management Plan. He said he has a problem with d-2, "no ingress and egress on Berry Lane during cemetery events." He asked how the neighbors would be able to get out of the sudivision during a cemetery event in case of an emergency. Ray responded that was what the City was trying to address with a traffic management plan in order to allow the neighbors to have access to SH29 from Berry Lane during a cemetery event. Snell asked for a mechanism to enforce this and was told that the Planning Department will look at the traffic management plan and will look at specific methods of enforcement during that review. Brandenburg brought up section 4(b) regarding if the road is not improved, there cannot be any activity in the cemetery. Snell asked Irion to speak to this issue. Snell said he thought sales could go on and onsite work could be done. Irion said once the lot is sold, if someone dies, they need to be buried. Snell clarified that Irion is looking for language that would allow the selling of lots and "on site" work and burials during a set period of time. There were further questions from Council. Smith clarified that the issue is when the "city standard" road should be built and whether to allow lots to be sold during that time. It was determined that no "finish" date has been approved. Motion by Smith, second by Sansing to amend the ordinance to allow the applicant to sell lots and, if necessary, conduct a funeral during the period before the road is built, but the construction of the road shall be started no later than September 1, 2004, and finished no later than December 31, 2004. Brandenburg said it would be staffs recommendation that if the road has not been started by September 1, 2004, or finished by December 31, 2004, a bond would be needed to fund the City to build the road. Smith agreed to include in the amendment that if the construction of the road is not started or ended by those dates, the City will pull the letter of credit and build the road. Munk told Council that letters of credit are normally 125% of an engineer's cost estimate. Vote on amendment: Approved 7-0. Vote on the ordinance as amended: Ordinance 2004-19 Approved 6-1. (Sansing opposed) 8:30 p.m. - recessed 8:40 p.m. -- resumed Y Consideration and possible action to amend the project scope and budget for the Animal Shelter facility -- Tom Yantis, Assistant City Manager Yantis explained that three years ago the Council chose to issue debt to build a new animal shelter. He said when the budget figure was derived, there had been no conversation with architects, and an arbitrary number of $350,000 was put forward; but it has become clear after meeting with an architect, that the budget will not work to meet the needs for a new facility. He said a shelter can be built with that budget, but it would not be the recommendation of the Animal Shelter Advisory Board because there would be less animal housing areas than are in the current shelter. He asked Council to prescribe how they would like to proceed. City Council Meeting Minutes/March 9, 2004 Page 7 of 10 Pages Mayor Nelon said this is a follow-up to the workshop with the Shelter Advisory Board. Sansing said he hopes that what they saw at the workshop can be built. Yantis clarified the plan discussed at the workshop would cost an additional $200,000. Yantis said currently anything would be an improvement for administrative and examining space. Noble asked if there was money in fund balance. Rundell suggested adding this to the bond issue for seven-year tax notes at 2.5%. She said that would raise the tax rate at less than .2 of a percent. Yantis and Ponciano Morales of Morales and Associates showed drawings utilizing the current pump station and shed and a new building and a future kennel building. Yantis said the cost for renovation of the pumps building and shed is just under $500,000. He said to add the second kennel would be in the $150,000 range for a total project cost of $650,000, not including funds for cabling, security, phone system, and telephones, so the total cost would be close to another $100,000. Motion by Noble, second by Sansing to include the additonal debt of $700,000 in the next bond issue for improving the animal shelter facility. Approved 7-0. Z Public Hearings/First Readings 1. First reading of an ordinance of the City of Georgetown renaming a portion of Shelf Road to Wildwood Drive -- Anthony Lincoln, Fire Chief Clay Shell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Noble to approve on first reading. Approved 7-0. 2. Public Hearing on an ordinance providing for the annexation into the 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 reminded Council of the required procedure for voluntary annexations, saying this is the first public hearing that is required. He said a portion of this property is already in the city limits and explained the circumstances. The public hearing was opened at 8:56 p.m. There were no comments. The public hearing was closed at 8:56 p.m. 3. Public Hearing on an ordinance providing for the annexation into the City 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 these are the lots behind Mac Haik Ford. He said full City services are already in the area. The public hearing was opened at 8:57 p.m. There were no comments. The public hearing was closed at 8:57 p.m. 4. Public Hearing on 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 2413-2 and 60 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director Planning and Development Services Polasek explained that this neighborhood will take the place of the old construction yard. The public hearing was opened at 8:58 p.m. There were no comments. The public hearing was closed at 8:58 p.m. 5. Public Hearing on an ordinance providing for the annexation into the City 57.141 acres, more or less, in the John Pulsifer Survey, located north of River Chase Subdivision, which is River Chase If -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director Planning and Development Services Polasek said this is a unique situation where a 10 -foot strip south and in the river is a part of the annexation. He said River Chase I came into the City because they wanted police and fire protection. There is no sewer capacity in the area and the development will use large lot septic tanks. There were questions from the Council about further use of septic tanks as you go further west. Munk said there will eventually be future extension of sewer lines but that is not in the Capital Improvement Program at this time. Polasek said he would bring more information at the City Council Meeting Minutes/March 9, 2004 Page 8 of 10 Pages next public hearing about the CIP for service further west. Snell asked and Polasek said he would also bring back the fiscal impact of these annexations at the next public hearing. The public hearing was opened at 9:04 p.m. There were no comments. The public hearing was closed at 9:04 p.m. AA Consideration and possible action to approve an amendment to the contract between the City of Georgetown and Raymond Chan & Associates, Inc. to add an Engineering Services Proposal Downtown Master Plan (Downtown Overlay) Regional Water Quality and Drainage Feasibility Study, Phase 1 in the amount of $41,640 -- David Munk, Development Engineer, Amelia Sondgeroth, Director Planning and Development Services, and Tom Yantis, Assistant City Manager Yantis said the proposed project was not included in the Downtown Master Plan but is necessary to accomplish the Downtown Master Plan. He said they are proposing to do a study to determine the size of a regional water quality pond for the entire downtown overlay district that is currently not served with water retention, otherwise individual developments would need to provide individual detention ponds for each development. He said there is a pending application for residential development at one of the former Draeger properties, and for them to be able to do their project economically, they need to not have to provide on-site water quality. He said it is proposed that the existing contract with Raymond Chan Engineering be amended to do a specialized review for the Downtown Overlay District to determine the necessary infrastructure for water quality detention and to provide a formula to be used in the future to charge developers their pro -rata share of the cost of the pond. Yantis asked to use $41,640 that would have been used to improve the parking lot on the former Hewlitt property, repaying those funds with money that will come later out of the bond proceeds. Smith confirmed that general fund money is available to use now to go ahead and do the improvements on the parking lot on the former Hewlitt property. Yantis said it might be possible to build a regional pond in another location other than downtown and the credits could be transferred. Sansing said he objects to the "swapping" of credit because that is still "polluting." He said a detention facility for downtown should capture the water before it goes to the river. Yantis said the options would be brought back to the Council as to what would be acceptable to the Texas Commission on Environmental Quality. Sansing asked and Yantis confirmed that a portion of the project could be paid for by chargebacks to the developers and a portion through a Tax Increment Financing District. Yantis said the City doesn't want to handicap the developers to build downtown. Sansing asked and Yantis said maintenance of the pond would be billed to the businesses that contribute to the runoff. Motion by Noble, second by Smith to approve the amendment to the contract. Approved 7-0. BB Consideration and possible action to approve the appointment of Will Moore to the Zoning Board of Adjustment as the Planning and Zoning Commission Representative Alternate -- Gary Nelon, Mayor Nelon explained the item. Motion by Sansing, second by Kirby to approve the appointment. Approved 7-0, CC Consideration and possible action to confirm the appointment of an individual to fill the current vacancy on the Firefighters' Civil Service Commission -- Paul E. Brandenburg, City Manager Brandenburg recommended Bernard Farkas be appointed to that position. Motion by Noble, second by Snell to appoint Farkas to the Civil Service Commission. Approved 7-0. DD Consideration and possible action to authorize an Airport Advisory Board Subcommittee to review air safety at the Georgetown Municipal Airport -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Yantis introduced Howard Fomby who explained the item. He explained that the Airport Adivsory Board is requesting the authorization of the Subcommittee and described the proposed make-up of the Subcommittee. Smith confirmed that Council's permission is needed because people from outside the Airport Advisory Board will be asked to be a part of the Subcommittee. Speaker, Arnold Weider, member of the Airport Advisory Board, said the Council had expressed concern in a previous item on this agenda regarding the safety of a road, and this Subcommittee will look into the safety at the airport. City Council Meeting Minutes/March 9, 2004 Page 9 of 10 Pages Motion by Kirby, second by Sansing to approve the Subcommittee. Snell said he has misgivings because there are currently two studies being done at the airport: the noise study, and the airport update. He said he would hate to see other meetings and discussions distract from the completion of the update. Motion by Snell, second by Eason to amend the previeus metk)-W to defer consideration until after the update is completed. Fomby said he thinks that would be acceptable. Kirby and Sansinig agreed this could be a co -existent activity along with the airport update because of the importance of safety. Approved 4-3. (Ramsey, Smith and Kirby opposed) (*as corrected by Snell at the Council Meeting on March 23, 2004) EE Consideration and possible action on an award of bid to Troy Bonnett Construction in the amount of $56,860.00 for construction of an entrance canopy and accessible ramps at the Parks Administration building -- Terry Jones, Purchasing Director and Randy Morrow, Director of Parks and Recreation Morrow explained the item. Sansing asked and Morrow responded that the handicap accessibility will cause the loss of four parking spaces. Motion by Noble, second by Sansing to award the contract. Approved 7-0. FF Consideration and possible action on a resolution approving an amendment to the 2003/04 Georgetown Transportation Enhancement Corporation (GTEC) budget in the amount of $255,000 -- Micki Rundell, Director of Finance and Administration Rundell explained the amendment for the appropriation of needed improvements for TASUS Development. Motion by Sansing, second by Ramsey to approve the amendment. Snell said he will vote against it because he will continue to give strong scrutiny and opposition for GTEC money to be used for roads that are "project specific" because he feels there are infrastructure needs that should take priority. Approved 5-2. (Kirby and Snell opposed) The meeting was adjourned at 09:30 PM. j S E ayor Gari Nelon City Council Meeting Minutes/March 9, 2004 Page 10 of 10 Pages AttZest: //I City Secretary Sandr6lee STATE OF TEXAS ) } COUNTY OF WILLIAMSON ) Mees , Date C5 / " 0 Agenda Item No. /:MMOVIXa\W/ill I, W�y_ , as a member of the make this affidavit and hereby on oath state the following: I, and/or 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 /'fes �3 Name and Address f o_ 1 o v V4 I, (or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (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: FI hl A n) ( ; OJ Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any fin-ther participation on this matter whatsoever. p Name: Title: A a 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 AND SUBSCRIBED before me on this day of rho •P."''s SANDRA D. LEE o, 5,4 Notmy Putk Std of To My JANUARY 3, 2006 "`rhraiNtiV} 200V Public in and for the State of Texas F;Ifii�c7lliF.'lilili7v��I�r1.�I1�+[9yR�Mll1_ \_ +t