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HomeMy WebLinkAboutMIN 03.13.2012 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Patty Eason, Danny Meigs, Bill Sattler, Pat All Council Present. Berryman, Tommy Gonzalez, Rachael Jonrowe, Troy Hellmann Staff Present: Paul E. Brandenburg, City Manager; Bridget Chapman Acting City Attorney; Jessica Brettle, City Secretary; Jim Briggs, Assistant City Manager; Micki Rundell, Chief Financial Officer; Elizabeth Cook, Community Development Director; Carla Benton, Planner 11, Valerie Kreger, AICP, Prinicipal Planner; David Munk, Utility Engineer; Sarah Hinton, Airport Manager; Kimberly Garrett, Parks and Recreation Director; Kevin Russell, Director of Human Resources and Civil Service; Mike Elabarger, Planner Ili; Robbie Wyler, Historic District Planner; Susan Morgan, Finance Director Minutes Regular Session - To begin no earlier than 06:00 P (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Proclamation in honor of Ethel Moore Mayor read the proclamation and presented it to Paulette Taylor, in honor of Ethel Moore. Taylor said a few words about Moore and said the proclamation will be displayed at the African American Shotgun House behind the Old Library. City Council Regional Board Reports -CAMPO - Lone Star Rail District Eason spoke about their Environmental Analysis and Lead Agency Item. She said the Lone Star Rail and TxDOT have received, in response to the Environmental Compliance Action Plan transmitted on February 28, a request from the Office of the Secretary of Transportation to meet via teleconference to discuss next steps for advancing the Lone Star project passenger rail environmental effort. She noted, under the Union Pacific / Freight Relocation heading, planning is proceeding for a joint inspection trip over the proposed Lone Star line, plus related Union Pacific Railroad territory and the general area of the proposed urban freight rail relocation line, to be conducted with Lone Star Rail District staff, consultants, and Union Pacific Railroad staff. She said, under Stakeholder Engagement, the report is that a Joint messaging draft is complete, and has the agreement City Council Meeting Minutes/ Page 1 of 11 Pages of LSRD and UPRR; meetings are currently scheduled or planned with the Department of Homeland Security, two county commissioners, and a city councilmember. She said Tier I (high priority) stakeholder list currently numbers 123. She noted first calls will be made to those Tier I stakeholders next week, and the effort will begin in earnest, including a re -working of the standard LSRD public presentation to include information for stakeholders regarding the urban freight rail relocation route. City Manager Comments May 12, 2012 City Election Georgetown Citizen Academy Lone Star Legacy Award Presentation -Robin Cunkle and Kimberly Garrett presented the City with the Lone Star Legacy Award Garrett recognized the members of the Parks Board as well as the Parks employees. Cunkle spoke about the Texas Recreation and Parks Society. She said the Lone Star Legacy Designation was created by one of their board members. She explained this designation for the City Council. She spoke of the other parks that received the award. Presentation of Newly Promoted Officers - Nero promoted Rene Alvarez to Lieutenant. He also presented the Medal of Valor award to Sgt. Dale Duncan and the Distinguished Service Medal to Sgt. Bill Pascoe and Sgt. Ron Price for their actions in responding to a tragic shooting last year. Action from Executive Session Motion by Eason, second by Gonzalez to authorize execution of two commercial contracts for purchase of unimproved property off Williams Drive at Jim Hogg Road for the construction of a Westside Service Center on terms discussed in Executive Session. Approved 7-0 Motion by Eason, second by Meigs to authorize staff to negotiate acquisition of a 0.776 acre parcel of land near the intersection of Maple Street and S.E. Inner Loop from Georgetown Railroad Company, Inc. in connected with the Southeast Arterial One Project on terms discussed in Executive Session. Approved 7-0 Motion by Eason, second by Hellmann to accept the bid of Thundercloud Subs for purchase of the Fire Station One Bays and to authorize staff to negotiate a real estate sales contract on terms discussed in Executive Session. Approved 7-0 On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - Jean Houck regarding the Friends of Georgetown Parks and Recreation partnership with the US Swimming Foundation's Make a Splash Initiative Houck said the signature program of the Friends of the Georgetown Parks and Recreation has been accepted as a local partner into the Make a Splash Initiative. She noted they will now join a network of 500 local partners in providing free or discounted swimming lessons. She noted, a year into the program, Georgetown Swims has provided free swim lessons to children in the community. She said becoming a partner means access to greater resources and grant opportunities. She thanked the Parks and Recreation department, especially the aquatics section, for their assistance. She asked that everyone join the friends of parks and recreation because membership dollars help them fund these programs. She said, in addition to Georgetown Swims, the Friends give assistance to families that can not afford a membership to the recreation center as well as assistance to families who would like their children to participate in classes at the Recreation Center. - John Marler concerning Texas Local Government Code Section 552.001 and how Georgetown implements this Code Marler played a video for the City Council regarding the installation of smart meters in the community. Marler said in the United States, we have many freedoms including freedom of choice and freedom from a tyrannical government edict. He spoke about his concerns with some of staffs remarks and the new smart meter program. - City Council Meeting Minutes/ Page 2 of 11 Pages Marler said he is here to ask the City Council to stop this smart meter initiative. - Robert Crane concerning Texas Local Government Code Section 552.001 and how Georgetown implements this Code Crane gave his speaking time to John Marler, The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, February 28, 2012 -- Jessica Brettle, City Secretary D Consideration and possible action to appoint Council Member Danny Meigs, as an interim member of the Economic Development Corporation pending City Council action after the May 2012 election -- Mayor George Garver Motion by Jonrowe, second by Hellmann to approve the consent agenda in its entirety. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: E Public Hearing and possible action on a Rezoning to remove a previous ordinance restriction regarding land uses in a General Commercial (C-3) District at The Rivery Park II (Amended), Block B, Lots 2, 3, 4 and 6; located on Rivery Boulevard and Wolf Ranch Parkway -- Carla Benton, Planner 11 and Elizabeth A. Cook, Community Development Director (action required) Benton described the item and said this is a rezoning request for the removal of existing restrictions that prevented residential uses in the area. She said this site is currently an undeveloped site with trees. She spoke about the original uses for that site. She said the original ordinances were approved in 1994 and then amended again in 1996 that both included this restriction. She said our policy is to no longer place those restrictions on rezonings, so they are looking at removing this one. She said the request is consistent with the 2030 and the C-3 district that is their base district is appropriate for this area as well. She said the utilities for this property provided a utility evaluation and noted the capacity was determined to be adequate. She said they studied the area for traffic and the traffic for the multifamily would actually be less than for commercial. She said the electric usage would be about the same. She said she spoke to both the fire and police chief and noted both responded and said this will not significantly impact their departments. She said the future land use plan for regional commercial would be appropriate for the proposed used. She said the existing zoning situation and developed uses would be compatible. She said there were eleven notices sent out and no public comments have been received. She said the Planning and Zoning Commission did approve this item with a vote of 5-0. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:19 PM Speaker, Terry Irion, said he is the attorney representing the applicant and added he is pleased staff is recommending the removal of this restriction. He said his client has had this property under contract to an apartment developmer since December and he was not able to find anywhere in the zoning code the C-3 restricted use. He said C-3 zoning allows apartment use. He said his client has been waiting for four months for notice that the zoning is C-3. He wants Council to understand that this has been terribly burdensome. He said the 2003 Ordinance repealed all ordinances in conflict therewith. Sattler asked and Irion confirmed this property is under contract at this time. Sattler asked and Irion said, if this is delayed, it could jeapordize the development. Sattler said you would think the first reading with recommendation from staff would have favorable movement forward. Irion said, legally, they are not bound to close until there is final action. Sattler asked and Irion said there is potential jeopardy in the delay. Public Hearing was closed at 7:23 PM Gonzalez asked and Irion said, in December, they asked for confirmation that the official zoning map allows for City Council Meeting Minutes/ Page 3 of 11 Pages apartment use. He said later they received notice that the area was C-3 restricted, even though that term is not defined anywhere in the Code. Hellmann asked and Benton said there are many restricted properties throughout the City. Gonzalez asked and Benton said there is an application for zoning verification that someone can file so staff can go back and check the zoning and any ordinances that may apply. Gonzalez asked and Benton said the zoning map does not have everything. She said the maps have the base district but, if council has an ordinance with restrictions on the property, it would not be on the map. Gonzalez asked and Kreger said that a disclaimer on the zoning map is already in the works. Berryman said, in light of this discussion, would it be possible to see if there are any other conflicts like this throughout the city. She said the City needs to go through and look at these instances. She said, if their are conflicts like this one, the City should eliminate them. Berryman asked and Irion said this property is C-3 on the map. Berryman said she does not want this type of problem come up again. Kreger spoke about the history of this issue. She said there are many properties prior to 2003 that have restrictions on them. She said there have been properties since that time with restrictions on them. She said there are properties as recent as 2006 and 2007 that have restrictions. She said each property is different with conditions on them. She said staff does not have a database of all of those properties at this time. She said it will labor intensive to go back and find that layer. Berryman said this kind of confusion makes it difficult for people to come in and do business. Sattler thanked the staff because he asked about this and noted Maddox said they are working on this and they will have some feedback as far as changes to the zoning map in April. He said he appreciates staff looking into this issue. Motion by Gonzalez, second by Hellmann to approve the Ordinance on first reading. Eason said she is voting for this now that the client has gone through the appropriate planning process. She said she thinks staff has taken the steps to address the problems and she thinks the issue has been beaten to death. Vote on the motion: Approved 7-0 F Discussion and possible action regarding the Rivery Park 11 zoning for C 3 classification and the Official Zoning Map for the City of Georgetown -- Bill Sattler, Councilmember District 4 This item has been pulled. G Public Hearing and First Reading of an Ordinance amending the Unified Development Code (UDC) Chapter 3, "Applications and Permits" -- Elizabeth A. Cook, Community Development Director and Valerie Kreger, AICP, Principal Planner (action required) Mayor introduced the item and said the amendments were reviewed in the Workshop. Kreger said this Ordinance would approve revisions to Chapter 3 of the Unified Development Code process. She summarized the proposed amendments to Council, which were discussed in greater detail in the Workshop. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Gonzalez, second by Hellmann to approve the Ordinance on first reading. Public Hearing was opened at 7:36 PM Speaker, Philip Wanke, serves on the UDC Task Force and wanted to say he would like to thank Council and hopes they approve this set of amendments. Speaker, Paul Linehan, said he addressed a letter to the Mayor and Council on July 21 regarding some of these issues. He said he would like to commend Council and staff for taking his letter seriously to address the phasing issues and the preliminary plats. Public Hearing was closed at 7:39 PM Motion by Sattler, second by Berryman to amend the motion to see that in Section 3.03 the following statement be added: "that an HOA that asks for notification would be notified and that that HOA would define their boundaries and give notification directions to staff for any public hearing." Kreger said she has discussed this with staff and noted they have a hesitation to put this in the Code because it is voluntary. Kreger noted there could be an automatic notification list that a resident could sign up for so that, City Council Meeting Minutes/ Page 4 of 11 Pages when a notice goes out, they would receive it via email. She said they are hoping to create some type of list where homeowners associations can provide their information for notices. She said they are hesitant to put a voluntary notification in the Code. Sattler withdrew his motion to amend and asked that staff put something together to get those notifications together. He asked that it be brought back at the second reading of the Ordinance. Brandenburg confirmed and said staff can look into this between first and second reading. There were a few more questions regarding the proposed amendments. Vote on the original motion: Approved 7-0 H Consideration and possible action to allow the developer to delay the extension of a 16 -inch water line until the next phase should develop for Bell Gin Subdivision, Phase 1, Block D, Lot 1 -- David Munk, P.E., Utility. Engineer and Elizabeth Cook, Community Development Director Munk said the the Bell Ginn preliminary plat was approved and with that plat, the developer agreed to extend a 16 inch water line to the property. He said the applicant is requesting relief by phasing the water prior to the main line extension. He noted the City requires proper utility extensions so that ETJ projects will have proper fire and water flow. He said ETJ property far from City ETJ systems are less expensive. He said, if we go out and annex a property like that, sometimes the rate payers and property owners are put on the hook to extend the utility. He said the UDC states, under extraordinary circumstances, the City Council may vary water system requirements. He said this exception within the UDC has never been requested before. He said staff is opposed to this because the lot in question is greater than five acres and has road frontage and some utility options. He said the developer could remove this lot from the plat and remove the development. He said it would be a legal transition however the plat was not followed in that the utilities were not extended. He noted plats are set up for the proper development in the ETJ because they pull in the master plans for the community. He said staff feels the requested waiver is not extraordinary. He said the staff recommendation is for a denial of the request. Motion by Eason to deny the request. Motion dies for lack of second. Motion by Gonzalez, second by Sattler to approve the request to delay Speaker, Scott Smiley, said he would like to clarify some comments from the memo. He said the school that is going on the property was going to be much larger and added they specifically scaled back the development plans to a level that would be covered by the existing Jonah water system and fire flow. He said this is an extraordinary situation because they have already installed the existing fire protection system. He said they are trying to utilize the existing infrastructure to its maximum extent to serve the first portion of the development and, as the future development comes in, they will initiate the rest of the extension. He said they are proposing to put the waterline along the frontage of this property as you would normally do for the logical growth plan for the property. He said it is not their intention to have the tax payers pay for any of the improvements. He continued to speak of their plan for this project and why this is an extraordinary circumstance. He urged Council to recommend approval of this item. Speaker, Paul Linehan, said he wanted to show Council a map of the property. He noted it is in the southeast portion of the City and noted the annexation lines are about 600 feet from this property. He said there is the possibility of switching out of a CCN. He said in December 2010, he started working on the master plan for this 145 acres. He said this took them over five set of comments from the City and over one year to get this master plan done. *He said, when Orenda Education put the land under contract, they had to go file a new preliminary plat. He showed Council the plan that was submitted. He said they had a plan to get the water to the area. He explained that for the City Council. He said they met with the fire marshal and were told they had enough water flow to the area. He said Orenda scaled back to allow for appropriate water flow. Speaker, Richard Rickey, said he is the founder and CEO of Orenda Education. He spoke about Orenda and said they have about 100 employees and operate about five charter schools across Texas. He said they are currently in the yellow modular buildings. He said they already have stormwater permits ready to go. He said it was only a few weeks ago that they found out about this issue. He said if they don't have a place to be, he honestly does not know where they are going to go. He said they have spent years trying to find a place that would serve the Kids. He noted he hopes Council will work with him to find a solution that works. Jonrowe asked and Munk said any time you have a plat and want to record it, you can offer the surety. Munk said the applicant is not wanting a surety because it is a lot of money for a surety. Smiley spoke about how it is quite expensive to post the fiscal.There were many comments about this. Berryman asked and Linehan said the City Council Meeting Minutes/ Page 5 of 11 Pages problem with posting fiscal surety is that is is $850,000. He said it is a phased development and has always been planned to be a phased development. He said they had no intention of going in and putting in a waterline on 45 acres and added this caught them completely by surprise. Hellmann asked and Linehan spoke about why they would not want to remove that area from the plat as Munk suggested. Hellmann asked and Linehan said they have a plan to build the waterline in the next five years. Munk said, on a piece of property in the ETJ, 30 feet would be enough but if you take out property, you can cut it anyway you want. He said it is a matter of recording it in the County Courthouse as a deed. Hellmann asked and Munk said the can wait indefinitely for the plat to be revised or do it now, but the one tract can be broken out of the plat. Mayor asked and Munk said the applicant wants to extend the 12 inch waterline in front of the property and not extend the 16 inch to the tank. Meigs asked and Munk said if they remove this it would not create any additional delays. There was much discussion on the options for the applicant. Vote on the motion: Failed 3-4 (Hellmann, Meigs, Eason, Jonrowe opposed) Discussion and possible action regarding requests from Johnny B. Gantt to sublease portions of the Gantt Aviation Building to GTU Turbine, LLC dba Georgetown Turbine Service -- Paul E. Brandenburg, City Manager; Sarah Hinton, Airport Manager and Bridget Chapman, Acting City Attorney Chapman describe the item and said Gantt has submitted the sublease for Council approval subject to the subsequent approval of the FAA Airport Division. Motion by Hellmann, second by Meigs to approve the item. Approved 7-0 J Discussion and possible action regarding requests from Johnny B. Gantt to sublease portions of the Gantt Aviation Building to Chartwell Properties, LLC dba Aero Centex -- Paul E. Brandenburg, City Manager; Sarah Hinton, Airport Manager and Bridget Chapman, Acting City Attorney Motion by Meigs, second by Hellmann to approve the item. Chapman said this would also be subject to the FAA review and approval. Vote on the motion: Approved 7-0 K Forwarded from the General Government and Finance Subcommittee (GGAF): Consideration and possible action to enter into a Master Lease Agreement for three years in the amount of $102,946.69 with Frost National Bank, San Antonio, Texas on behalf of Marathon Fitness, Sugar Land, Texas for Cardio Equipment for the Recreation Center -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer This item has been pulled by staff. L Forwarded from the General Government and Finance Subcommittee (GGAF): Consideration and possible action to approve design fees in the amount of $107,642 for the San Gabriel River Trail Extension Project to Baker-Aicklen & Associates, Inc, from Round Rock, Texas -- Kimberly Garrett, Parks and Recreation Director Garrett said this item went before Council on January 24 to approve the design firm. She described the planned extension of the trails. She said staff is requesting approval of the design fees for the trail extension project. She said there is also grant money from the Texas Parks and Wildlife to support this project. Motion by Hellmann, second by Meigs to approve. Hellmann said he and his family love the trails and he is excited about the extension. Jonrowe asked and Garrett showed the Council the proposed route for the trails. Vote on the motion: Approved 7-0 M Discussion and direction to staff regarding the sizing of the 2012 General Obligation Bonds for the construction of a new Public Safety Operations and Training Facility as approved by the voters in April 2011 -- Micki Rundell, Chief Financial Officer Rundell described the item and said, on November 8, Council authorized through a bond reimbursement resolution to issue bonds for the design of the facility. She said market conditions warrant the consideration to issue more of those bonds at this time because they could have significant savings. She said she was directed to come back with three issuance options and she described those options for the City Council. She said the most cost effective option is probably Option A. She said, in any case, these numbers are based on last year's City Council Meeting Minutes/ Page 6 of 11 Pages assessed valuation. She has asked Gary Kimble to provide additional information about market conditions. Kimble provided Council a ten year look back of tax exempt interest rates using the bond buyer index. He said we are at historic lows right now as far as interest rates are concerned. He noted we are looking at 60 year lows in the bond market. He said the discussion they have been having with staff is if it makes sense to lock in an interest rate with a larger dollar amount of the bonds approved by the voters. He described the options for the Council and the impact to the tax payer of each of those. He spoke about the total savings to the City of each of the three options as well. He said there is fundamentally a continuted economic weakness that has benefitted fixed income. He said there is also a general lack of bond supply. He said, also, financial volatility in general has benefitted municipalities as traditional safe havens. He said these things combined have kept rates at historic lows. He said the City should have a decent chance of keeping the rates at the level we have been seeing. He spoke about the upswings of the rates being very steep at short amounts of time. Meigs asked and Kimble noted that Option A would be a greater savings than either options B or C. Kimble said the difference between option A and the other two options is that the tax rates will be pushed up at once. Meigs asked and Kimble said, financially speaking, option A is the best. Sattler asked and Kimble said that decision is making the assumption that the rates will not change. Sattler asked and Rundell spoke about the tax impact of each of the different options. Sattler asked and Rundell said the tax payer will see the tax increase in this year but mostly in the out year depending on the timing of debt service. Sattler said his concern is that the tax payers will get hit right away. Rundell said the City will try the best to negate this in year one, but it will go up eventually. Sattler noted he is more in favor of option B than A because he thinks those rates will stay down for another year. Kimble said the fed controls short rates and, as the graph showed, just fifteen months ago there was a spike in the rates. Gonzalez said, looking at this option, the 25 year option would be best. He noted, with the information out there, the City may be able to capture some of the funds in the future by reinvesting. He said a two tiered approach would be best and, while there is always risk that rates can spike, they can also remain low. He said, if they do spike up, the City's reinvestment opportunities can increase. Brandenburg asked and Kimble spoke about the City's chances of going from AA+ bond rating to a AAA bond rating. Hellmann asked about each one of the Options and the total impact on the tax payers. Rundell and Kimble agreed that Option C would be the best option. Hellmann said the City has the chance to save a lot of money by issuing everything now but noted the negative is the tax payers would get hit with an increase all at once. There was much discussion on each of the options and its effect on the tax payer as well as City savings. Motion by Gonzalez, second by Sattler to move forward with Option C. Rundell reviewed Option C for the City Council. Hellmann asked and Rundell spoke about why she is recommending Council use the phased in approach. Approved 6-1 (Berryman opposed) N Consideration and possible action to approve a resolution authorizing proceeding with the issuance of obligations for the City's capital improvement programs and further directing the publication of Notice of Intention to Issue City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2011 -- Micki Rundell, Chief Financial Officer Rundell described the item. She said staff has clarified some language required by the bond counsel. She said the City is issuing no more than $3.3 million worth of certificates of obligation of which will be funding $1.5 million worth of public safety vehicle as well as $1.5 million of CO bonds for possible purchase of right of way acquisition. Sattler said and Rundell noted the tax impact of this will be felt this year and it will be about a half cent. Motion by Jonrowe, second by Meigs to approve the Resolution. Approved 5-2 (Sattler, Berryman opposed) O Discussion and possible action to instruct staff to review the City of Georgetown's Roadway Plan --Tommy Gonzalez, Councilmember District 7 Gonzalez said as we have heard a lot today, there is a need for the City to grow its tax base. He spoke about how the City needs to start looking at some of the prime development areas in and how to facilitate the development in those spots. He said one of the sites he is looking at for prime development is located at Inner Loop and 1-35 where the City currently has in its roadway plan an overpass that would hamper future development in the area. He said he is proposing staff review the bridge and provide other alternatives that eliminate the design and allow for maximum economic development in the area. Speaker, Bruce Barton, said some of you may remember back in 2008, they were in talks with the City staff about an 850,000 square foot lifestyle center in that area. He said the City is missing the mid-level stores in Georgetown. He said of late, over the last year, they have received renewed interest mainly because of that prime corner in Georgetown. He said many feel that is the last prime corner in Georgetown. He said, with City Council Meeting Minutes/ Page 7 of 11 Pages renewed interest each time folks go over there and see the bridge structure which is similar in design to the flyover at Ben White, they lose interest. He said they would like to work with the staff and the property owners to come up with other designs that would enhance the economic development in the area while still alleviating the traffic in that area. He said he is asking for help researching this issue. Mayor asked and Brandenburg said options were laid out three or four years ago regarding this project. He said staff could take a look at those options again and bring them forward for Council to discuss and review. He said they did look at alternatives to the current plan. Briggs said there were some studies done by HDR from Southwest Bypass that came along over by 1-35 which gave preliminary routing and projections for that area. He said Prime Strategies also looked at alternatives to the intersection and looked at going underneath. He said, if you carry the plans much further, you will have to carry environmental issues and added there are issues with touching federal highway property. He said he would be happy to put the studies back out there to see i�it needs to be updated. Eason asked if this will require financial resources to go back into these studies. Brandenburg said some of this has been done already and noted it is not new information. He said the great deal of cost has already been completed with this. Briggs said if we expand this or what has been done by taking other options and evaluations, they will get feasibility and costs for that extra work. Briggs said there will be costs associated with this if you are asking for other options. Briggs said what Council may be asking is the blending of the two. Berryman asked and Briggs said the purchase of the rail easement in the area would provide the City with greater flexibility in the area. Meigs said if there has already been a great deal of planning that has be done, he would not be in agreement with spending a lot of money on this effort. Gonzalez said he thinks it is imperative to look at this again to make sure the original plans that were formed still make sense today. Motion by Gonzalez, second by Hellmann that staff look at the work that has been done to date and, if there is any cost impact associated with this, that it be brought back to Council. Approved 7-0 P Consideration and possible action to amend the City of Georgetown's Roadway Plan -- Tommy Gonzalez, Councilmember District 7 This item has been pulled from the agenda by the Chair. Q Presentation of Airport Fact Sheet -- Paul E. Brandenburg, City Manager and Sarah Hinton, Airport Manager Brandenburg showed the Council the Airport Fact Sheet that was created by the Airport Manager, Sarah Hinton. He reviewed the information contained in the Airport Fact Sheet. He said this will be valuable to new visitors to the Airport, new Airport Advisory Board members as well as new Council members. Brandenburg asked that Sarah Hinton come forward for acknowledgement. He said they also tried to make it to where it was not date sensitive. Hinton thanked Council and spoke briefly about the fact sheet. R Second Reading of an Ordinance for a Comprehensive Plan Amendment to change the future land use designation from Mixed Use Community (MUC) to Mixed Use Neighborhood Center (MUN) and High -Density Residential (HDR) for 59.21 acres in the Low Survey, located on the south side of CR 111 (Westinghouse Road) between IH -35 and FM 1460, also known as Mayes Tract -- Mike Elabarger, Planner Ill and Elizabeth Cook, Community Development Director (action required) Elabarger described the item and read only the caption of the Ordinance on second reading. Mayor asked and Elabarger said this is the final Ordinance reading that will change the Comprehensive Plan for this area. Speaker, Paul Linehan, said he followed up with the landowners and the homeowners association from Teravista and noted they have signed the deed restriction. He spoke of the buffers placed on the deed restriction. He thanked Council for their support on this vote. Mayor asked and Linehan spoke about the difference between a deed restriction and covenant. Speaker, Joe Dan Lee, Georgetown Independent School District Superintendent, said it is interesting times in the City of Georgetown. He said growth will continue to come and added we can either ignore the growth or manage the growth. He noted the City has done an outstanding job managing growth. He said it is imperative for the school district to manage the growth along with the City. He said, as we look at single family residents, it is manageable for us to plan schools for those neighborhoods because new subdivision wants a new elementary school. He said what becomes a bigger challenge is when there are multi -family dwellings with a significant amount of students put up in the area. He asked that Council be careful as they approve high density, multi -family development because it becomes quite hard for the school district to acquire school sites in those areas and handle the population. He said, if there is a two bedroom unit, the school system gets City Council Meeting Minutes/ Page 8 of 11 Pages somewhere between .5 and 1 students per unit. He said his concern along Westinghouse Road is they have potential for some 3,000 to 5,000 students along that one corridor. He noted these developments can create pretty significant impact on our schools. He asked that the Council allow the school district to see and study how many units will be erected in the area. Speaker, Andy Barnes, said he represents the Teravista neighborhood and added he and Linehan have worked together with the neighborhood association. He said they have the situation worked out. Motion by Gonzalez, second by Hellmann to approve Ordinance 2012-13. Approved 7-0 S Second Reading of an Ordinance Rezoning 59.21 acres in the Low Survey, located on the south side of CR 111 (Westinghouse Road) between IH -35 and FM 1460, also known as Mayes Tract, from the Agricultural (AG) District to the Local Commercial (C-1) and Multifamily (MF) Districts -- Mike Elabarger, Planner III and Elizabeth Cook, Community Development Director (action required) Elabarger described the item and read only the caption of the Ordinance on second reading. Motion by Gonzalez, second by Hellmann to approve Ordinance 2012-14. Approved 7-0 T Second Reading of an Ordinance Rezoning 0.57 acres at Lost Addition, Block 68 (pt) from Residential Single -Family (RS) & Office (OF) Districts to Mixed -Use Downtown (MU -DT) District, located at 1105 Martin Luther King, Jr. Street -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Community Development Director (action required) Wyler said this is a second reading of the Ordinance to rezone. He reviewed the item and read only the caption of the Ordinance on second reading. Motion by Jonrowe, second by Hellmann to approve Ordinance 2012-15. Approved 7-0 U Second Reading of an Ordinance amending the 2011/12 Annual Operating Plan Element (budget) due to conditions that resulted in excess fund balance at the end of fiscal year 2010/11 due to the timing of capital projects and other expenditures; appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith -- Micki Rundell, Chief Financial Officer; Susan Morgan, Finance Director and Lorie Lankford, Controller (action required) Rundell described the item and said this is the second reading of the budget amendment that is going to amend the current year's budget. She said the amendment does allocate excess fund balance that was leftover from the prior year. She said it also allocates funds that were roll forwards and added the total amendment increases the budget to a total of $22.3 million. She said it does incorporate as of the last Ordinance reading the $16,000 that was included for the pools to stay open six days a week. She read only the caption of the Ordinance on second reading. Motion by Meigs, second by Jonrowe to approve the item on second reading. Gonzalez said, based on the budget not being finalized, the Council needs to think twice before allocating any funds until the City knows what the budget looks like. He said the City is ready to spend all of this money but made a lot of sacrifices last year to get in a better position. He said, upon further reflection, there is about a half a million for roadway improvements that should stand, the small about of $16,000 for pools should stand, but he added he thinks the rest of the money should go into contingency until the City finishes with its budgetary process for the year. He said the City should not be giving that money away until it knows what the budget looks like. Speaker, Rebecca Gibson Laemel, thanked Councilmember Gonzalez for his comments and noted they are here in support of the $16,000 for the pools Speaker, Jean Houck, said that she would like to second the idea of keeping the $16,000 for the pools. She said this is for the citizens and added they do not know about the original plan to keep it open for only five days. She said she is in support of the money for the pools. Brandenburg spoke about the budget items the Council has to approve as well as those that Council can choose not to approve. He said the Bell Aire Improvements have to be done and completed before the start of the next school year. He noted the other thing is the Council already approved the employee compensation City Council Meeting Minutes/ Page 9 of 11 Pages study, which is currently underway. He said those are the items that Council must do and added all other items are up for debate. Rundell asked that Council specifically strike items from the budget in any motions. Brandenburg spoke about why some of the amendments were added to the list and that they were well thought out. Meigs asked and Rundell said these excess funds are due to the sale of utilities from last year, which includes electric and water. She said they are the return on investment and franchise fee. Meigs asked and Rundell said the items that are critical and must be funded are the Bell Aire and Shell Road Improvements, the pools as well as the compensation study fees. Berryman said she would prefer to follow the list that the City Manager provided for Council for the essentials. She noted all of the other items could be deferred until the City is certain what its budget situation will be into the budget process. Rundell said, according to the City's policy, this money can only be used for one time projects and should not be used to fund ongoing expenses. She noted it could be used for other one time projects in the current year. She said her only request is that Council specifically notate what they do not want included in the amendment. Hellmann asked and Gonzalez confirmed he is asking for the other funds to be put into a reserve for unexpected costs for those one time projects or used to fund any budget shortages that may occur. Rundell disagreed and noted this is only for one time projects and is against the City's policy. Rundell said the City could certainly change the policy but, right now, the policy states the City can not use one time money for ongoing expenses. Gonzalez stated and Rundell said the City could certainly buy down the tax rate. Motion by Gonzalez, second by Berryman to amend the motion to eliminate the Arts and Culture fund balance, the Christmas lights on the square, the City facility renovation reserve and the employee bonus program from the budget amendment. Sattler made a friendly amendment to Gonzalez' amendment to add back into the budget amendment the Christmas lights on the square. Sattler said the Christmas lights this past year was the most successful downtown beautification projects for the City of Georgetown. Gonzalez accepted the friendly amendment. Mayor asked and Rundell reviewed what will be removed from the budget based on the motion to amend. Mayor said he does not read Council as saying they are not funding. He added he is simply hearing them saying to hold back some of that money for other contingencies until the City is sure where it is financially. Rundell said in this budget amendment, the City is allocating funds. She noted she is trying to get clarification on what is not to be funded in this budget amendment. She said, by default, they stay in the fund and they do not go anywhere. She added they can certainly be reallocated at a later time. Chapman explained that Council must vote to accept for consideration the amendment to the motion before voting on the amendment. Motion by Berryman, second by Gonzalez to accept for consideration the amendment to the motion. Approved 4-3 (Eason, Meigs, Jonrowe opposed) Mayor reviewed the motion to amend once more for the City Council Eason said she is going to speak in opposition to this amendment and noted she thinks it is outrageous that the Council would not consider employee bonuses a high priority considering the sacrifices the employees have given over the past three years to the City. She said the Council talks about everybody else in these hard times and the Council is more willing to fund the Christmas lights than to support City employees. She said she is not voting for the amendment. Jonrowe said she agrees with Eason on that. point. She added she thinks it is sort of a mean trick to take the roll over for the arts and culture board out of the budget before they have a chance to know about it and address Council on it themselves. She said this is something that has come before Council multiple times and the Council has had the chance to debate this multiple times before. She said changing all of this at the last minute is not fair to the citizens. She noted she thinks the City should wait and at least let the papers and have people come back and address Council on these issues. Berryman said the City is looking at this at being fiscally responsible in reviewing where the City stands closer to the end of the budget process. She said Council has been told that the City is going to have a budget deficit and added Council has been told that there will be consequences and financial impact to the City. She said it is prudent for Council wait and see. Vote on the motion to amend the original motion as friendly amended once: Approved 4-3 (Jonrowe, Meigs, Eason opposed) Rundell stated a super majority is required for the approval of the budget amendment, per the City Charter. She said, if the final motion fails, staff will bring back the amendments in separate pieces. Rundell said the Council has not approved the budget amendment as of yet. She said the Council has only approved the amendment to the motion. There was much discussion of voting procedure. City Council Meeting Minutes/ Page 10 of 11 Pages Motion onthe original motion aeamended: Approved 5-2 (Jonrowe Eason opposed) V Discussion and possible action to establish a process for the Council to handle low income affordable houoing—Pa Berryman, Counci|memborDistrict 5 This item has been pulled by the Chair. Berryman expressed her concern regarding not be notified prior to this item being pulled from the agenda Adjournment The meeting was adjourned at 09:51 PM. City Council Meeting Minutes/ Page 11 of 11 Pages