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HomeMy WebLinkAboutMIN 05.22.2012 CC-RThe City Council of the City ofGeorgetown, Texas, met inRegular Session onthe above date with Mayor Council Present: Council Absent: Potty Emmon, DannyK8aigs. BiUGattler Tommy All Council Present. Gonzalez, Troy He|mann, Rachael Jonnowxa. Jerry Hammerlun Staff Present: Paul E.Brandenburg, City Ma Bridget Chapman,Acting City Attorney; Jessica Brettle,City' � Secretary; Laurie Brewer, Deputy City Manager; Jim Bhgga, Assistant City Manager; Robed Fite, Fire ! Chief; KAioki RundeU, Chief Financial Officer; Susan K8organ, Finance Director; Lohe Lankford, Controller;! Paul Bhine, Electric Operations Manager; Thna Bickford, Purchasing Manager; RobbieVVv|er. Historic ! District Planner; Valerie Kreger, Principal Planner; Jordan W1eddox, Principal Planner; Eric Lashley, � Library Director; EdPo|aenk.Transportation Services Director; Bill Dryden, Transportation Engineer; ! Kimberly Garrett, Parks and Recreation Director; Paul Pouaewang, Facilities Coordinator; LeticioZavu|a. � ! Utility Office Manager; Kathy Ragsdale, Environmental and Conservation Services Director; Kevin | Russell, Director of Human Resources and Civil Service; Regular Session - To begin no earlier than 06:00 PM (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 toOrder — Meeting called the meeting boorder utG:43PM Pledge ofAllegiance Comments from the Mayor -VVe|oomoandMoebngPrnceduma -PreoentadonofNabono|PnauemabnnMonthPmdumohon Mayor read the proclamation and presented it to Preston Stone, a representative from the Downtown Georgetown Association. City Council Regional Board Reports -CAMPO Mayor reviewed the recent discussions being held odCAN|PD. -Lona Star Rail District Eason said the next meeting of the Lone Star Rail District will be in June 1, 2012. City Manager Comments Social Service Funding Applications Pool Schedule City Council MeetingMinuteo Page 1 of 10 Pages Memorial Day Holiday Trash Collection 2012 Festival of the Arts Irrigation Schedule Police Department Lifesaving Award Waits presented a lifesaving award to police officer Erik Grasse. Action from Executive Session There was no action out of Executive Session. Public Wishing to Address Council On a subiect 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 subiect 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 - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. Statutory Consent Agenda 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, May 8, 2012 -- Jessica Brettle, City Secretary D Consideration and possible action to authorize the application to FEMA for the Assistance to Firefighters Grant Program, Fire Prevention and Safety (FP&S) Grant for the amount of $24,092. The goal of these grants is to improve firefighter health and safety through Fire Prevention activities -- Robert Fite, Fire Chief E Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended March 31, 2012. Also includes the Divisional Activity & Status Report for mid -year 2011/2012 -- Micki Rundell, Chief Financial Officer; Susan Morgan, Finance Director and Lorie Lankford, Controller F Consideration and possible action to approve the declaration of surplus equipment to be sold through auctioneering services of JJ Kane Auctioneers of Waxahachie, TX -- Paul Elkins, Electric Operations Manager and Trina Bickford, Purchasing Manager G Consideration and possible action to approve a Resolution denying a rate increase requested by ATMOS Energey Corporation on or about January 31, 2012; determining that the meeting complied with the Texas Open Meetings Act; and making other findings and provisions related to the subject -- Jim Briggs, Assistant City Manager Motion by Meigs, 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: H Update from Financial Advisor on final savings related to GO Refunding and Utility Revenue Refunding Bonds, Series 2012 -- Micki Rundell, Chief Financial Officer Rundell introduced Gary Kimball, the City's financial advisor to the City Council. Kimball said he handed out a summary that is an update to the presentation made last month. He said they exceeded all of the budgeted savings estimates for the $16.8 million worth of bonds the city has been planning to refinance. He said they locked in the interest rates on the 14th of May and took what was interest rates of 4.5% to between 2.03 and 2.88 %, resulting of a total savings of $2.78 million to the City. He said the savings to the City is $215,000 more City Council Meeting Minutes/ Page 2 of 10 Pages than estimated. He said the rates are all locked and they are fixed rate obligations. He said with that he would be happy to answer any questions. Mayor said Council is pleased with Kimball's leadership. I First Reading of an Ordinance amending Ordinance No. 2012-24, which authorized the City of Georgetown, Texas General Obligation Bonds, Series 2012, to Shorten the Final Maturity Date of Such Bonds -- Micki Rundell, Chief Financial Officer (action required) Rundell said this is a clean up item related to the bond issue. She said this Ordinance amends the payment schedule for the original GO bonds. She said it amends final bond payment to be February 15, 2037 and noted all parties involved have agreed to this amendment. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Meigs, second by Hellmann to approve the Ordinance on first reading. Approved 7-0 J Public Hearing and First Reading of an Ordinance to approve a Special Use Permit for an on -site drive -through on a Mixed -Use Downtown (MU-DT) zoned property, at City of Georgetown, Block 24 (replat), to be known as Hat Creek Burgers, located at 405 S. Austin Avenue -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Community Development Director (action required) Wyler provided Council with a brief summary of this item. He showed Council a map of the property. He said per Unified Development Code (UDC) Table 5.04.010 restaurant with a drive thru is permitted on a mixed use property with approval of a special use permit. He defined a restaurant drive thru use as described in the Code. He said this is just one step of a few steps in order to move forward with this development. He noted staff has analyzed this item and recommends approval based on the review criteria on page 5 of the staff report. He said that was the same staff report taken to the Planning and Zoning Commission. He said there was a 7-0 vote at Planning and Zoning meeting to recommend denial of this permit. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. John Kiltz, the applicant, described his proposed Hat Creek Burger development for the Council. He spoke about the history of the company and the two current locations. He noted Hat Creek is no longer a startup business and is now a place for people to visit with their kids to enjoy a burger, fries and a milkshake. He said parents can also enjoy a glass of wine or beer with their menu choices. He said their menu prices are very attractive and he showed those to the Council. He said their hours are expected to be 11 am to 9pm. 7 days a week. He said they expect to serve about 25,000 per month. He said they estimate they will have 10 to 20 cars per hour in the drive thru at the peak serving times of lunch and dinner. He spoke about it being complimentary to the surrounding area. He showed the Council the rendering of the proposed development. He said is excited to bring this concept to Austin Avenue. He noted they have received unanimous support from the Board of the Chamber of Commerce. He showed the Council a map of the site. He spoke about some of the other uses that could go on the site without requiring any other type of permit. He said Hat Creek is proposing a 3,200 square foot building. He said the drive thru can not be seen from either Austin Area or Tamiro Plaza. He said you can not see it from the town homes because of the eight foot fence. He spoke about how this plan does not violate the original Master Plan approved by the City Council. He spoke about the Westlake location and showed the economic impact of Hat Creek on the community in that area: Kiltz spoke about the current situation and the objections of the homeowners. He addressed the objections of the homeowners and why he does not think many of the comments are correct. He said the drive thru is necessary because it contributes to about a third of their business. He said he contacted three different real estate professionals asking about the possibility of home price depreciation with the development of this property. He responded with their comments. He addressed the traffic concerns being brought up by local residents. Kiltz played a video for the Council demonstrating the noise produced by their drive thru speakers. He said they met with the homeowners last month about their concerns. He said he is sure many people would agree that there will never be any other development that will satisfy the homeowners. He said if the project fails, the same group would be back to Council when other developments want to build on that property. He said his project is a low impact use compared to other uses and it will not lower property values. He said his project will not create noise and noted it will be a fun, family friendly place. He said he requests the Council's vote of approval. The following citizens spoke to Council in opposition of the Special Use Permit: Andrew Solin, Daniel Solin, Ross Hunter, Carolyn Britt for Heather Britt, Rene Hanson, Sarah Milburn, PJ Stevens, Rebecca Pfiester, Mary Dody, Larkin Tom, Clare Easley, Bob Mullins, John Reeder, Virginia Stubbs, Karen Lee Davis, Clark Lyda, Sherry Dana, Peter Dana, Mandy Solin, Rick "Ranger" Williamson The following citizens spoke to Council in favor of the Special Use Permit: David Hays City Council Meeting Minutes/ Page 3 of 10 Pages For complete video and audio of the comments from the public please visit the City of Georgetown's GTV website at http://government.georgetown.orq/gty! Mayor opened up the discussion for the City Council. Eason said she is opposed to this because she does not agree with the drive thru but noted she is in favor of the restaurant. She said her first responsibility is to the citizens and especially to people who have investment in property that will be effected by the drive thru. She noted she has received many comments from people who are opposed to this drive thru. She noted there is no way to adequately protect property from a drive thru. She said she feels she has a strong commitment to the pioneers in this community who have invested millions of dollars and have lived their whole lives here. She noted her and her husband have been in Georgetown since the 1970s and saw the Square when it was boarded up. She wanted to say that she was especially impressed by the new information from Mr Stevens, who was hired by the townhomes owners to look at the traffic impacts and safety in the area. She said she can quote everything that has been said tonight and she stressed her commitment to the 2030 plan. She said the only reason she is opposing this project is because of the drive thru. Hellmann said he would like to express his appreciation for the fact that we could hold this meeting without having to duck behind the dais. He said he appreciates that and thinks it is a testimony to character of Georgetown. He said he has been dreading this meeting all week. He said he thinks a lot of important points were made on both sides and added he thinks this is a permitted use and is not an illegal use. He said drive thrus require special permission. He said staff does not give a free pass to businesses and noted those businesses need to meet very specific requirements. He said there are developers also saying we are too strict. He said the staff does an excellent job of trying to sift through the different proposals. He said traffic is an excellent point but noted he does not buy the argument that increased traffic means the land is not walkable anymore. He noted there are more turning movements and traffic on the square than on this proposal and noted it is still walkable. He said, in the next 100 years, they will be preserving all of the developments happening along Austin Avenue. He said Hat Creek is the coolest burger joint he has ever seen and noted, if this is fast food in Georgetown, he is all for it. He said he can understand the community's concerns but noted the developer has done what he can to mitigate and alleviate their concerns. Meigs said his concern is with the fact that the report that staff approved was denied by the Planning and Zoning Commission. Wyler said, even though staff is recommending this for approval, the Commission did not agree with staff. He said there are two recommendations, one for approval and one for denial. and it is up to Council to decide if this use is appropriate. Meigs said he is conflicted on this issue. Meigs asked and Wyler said one of the pleasures of working downtown is the developments need to go through extra steps. He said this has not gone to HARC yet because the special use needs to be approved first. He noted HARC will be reviewing the site design and noted Council is just reviewing the actual use. Meigs said he places a high value on the citizens that serve on the Boards and Commissions and he is struggling with this because P&Z denied it. Sattler thanked everyone for coming out. He said he went downtown and added he thinks there are about drive thrus in existence in the downtown overlay at this particular time. He said his constituents are in favor of this restaurant because it is a destination to go to downtown.He said his residents will probably not use the drive thru since they pass many drive thrus on the way downtown anyway. He said there are a lot of people who want to come visit and to take the kids downtown. Hammerlun said he has some questions to ask. He thanked everyone for coming to his first council meeting. Hammerlun asked and Wyler said the UDC is very specific about lighting and illumination of the parking lots through the site plan process. Hammerlun asked and Wyler said the financial institution is allowed on this site without the special use permit for a drive thru.Hammerlun asked and Kiltz said HARC has specific requirements for signage and he intends to meet them. Hammerlun said his final comment is that he was sworn in last Wednesday and started to review the Master Plan with respect to downtown development that evening. He said he will be supporting this project this evening. Jonrowe said she went to the Planning and Zoning meeting where this was discussed. Jonrowe asked if she is able to make an amendment or add a condition to the special use permit: Wyler confirmed that could be done. Jonrowe asked about what the addition of a sidewalk in the area. Polasek said knowing the terrain, a sidewalk could improve the visibility around the corner on Austin Avenue. He said this would not affect the property to the north where there is a bigger slope. Jonrowe asked about the speed limit and noted Polasek said the 40 mile per hour posted speed limit is still appropriate. Jonrowe asked and Polasek said the City can not lower or raise a speed limit without a traffic study. There was much discussion regarding the traffic in the area. Jonrowe asked and Kiltz explained why they chose this particular site. Jonrowe spoke about the lot across from El Monumento, which is across the street from the Two Rivers development. Kiltz said he was never shown that site. Jonrowe said she is 50/50 on this issue. She noted she will ultimately vote to against this permit. She spoke about the "slippery slope" concept in that the permit would apply to the site and not just the development. She said one idea is to cap the amount of business being generated by the drive thru. Gonzalez said he has put a lot of hours into this issue, talking to people and looking into what the development will do to downtown. He spoke about the importance of historic preservation in the downtown area. He said it is tough when you affect people's lives. He said no one on the dais takes these decisions lightly. He spoke about the beauty of the downtown area and how there are many drive thrus in the downtown area that have not affected its beauty. He said every business that opens downtown will affect the parking and noted it City Council Meeting Minutes/ Page 4 of 10 Pages does not matter what type of business develops. He said they have made many, exceptions to the master plan over the past years in order to allow for positive things to come downtown. He said he thinks many more worse situations and developments could go on that property. He said he is looking at if this would damage the historic downtown. Motion by Hellmann, second by Hammerlun to approve the Special Use Permit and Ordinance on first reading. Jonrowe made an amendment to restrict the special use permit to allow for only 35% of the business be generated by the drive thru. Amendment failed for lack of second. Meigs asked and Wyler said, if something were to happen to the development, it will be tied to the land. Jonrowe said it is not actually a state law or Ordinance and it is just historical and that the City could attach it to the business. Chapman said her research is that this is a permit related to zoning and so it runs with the land. Jonrowe asked the Council if they are okay with another restaurant that wants to have another drive thru being in that spot as well. Gonzalez asked if Jonrowe would agreed to a 50% limit. Gonzalez made an amendment, second by Jonrowe to limit the traffic to 50% of the revenue. There was some discussion about how to regulate that type of requirement. Gonzalez withdrew his amendment. Vote on the motion: 4-3 (Meigs, Eason, Jonrowe opposed) K Public Hearing on the voluntary annexation into the city limits of 93.77 acres in the Mary Ann Lewis, Leroy Lord, and William Roberts Surveys, for a future section of Georgetown Village, located on Shell Road -- Jordan J. Maddox, AICP, Principal Planner and Valerie Kreger, AICP, Principal Planner Maddox described the item for the Council. Public Hearing was opened at 9:45 PM No persons were present to speak. Public Hearing was closed at 9:45PM L Public Hearing and First Reading of an Ordinance adopting an updated Official Zoning Map -- Jordan J. Maddox, AICP, Principal Planner, and Valerie Kreger, AICP, Principal Planner (action required) Maddox described the item and said they are bringing back a new official zoning map. He said the City is required to keep an official zoning map and noted they adopted the existing map in 2002. He said staff is bringing forward a new map with some clarification on what the map represents. He continued to describe the changes to the map. Public Hearing opened at 9:46 PM No persons were present to speak. Public Hearing was closed at 9:46 PM Maddox read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Hellmann, second by Gonzalez to approve the Ordinance on first reading. Approved 7-0 M Update on recommendations from the City Council Ad Hoc Committee regarding City Staff/Council Relations -- Troy Hellman, Councilmember, District 2, Chair Hellmann said the committee met on the 23rd of April to go through the recommendations. He said the committee asked that the City Manager and City Attorney go back and revise the council procedures and governance ordinance. He noted the committee will be again before the middle of June. He said, after that, the City Attorney provide a presentation during a Council Workshop at the same time the Ethics Training is done. He asked for Council to send him any recommendations prior to the next meeting of the committee. N Consideration and possible action to approve the construction funding plan, not to exceed $400,000, and the operations agreement for a proposed Art Center to be located in the historic downtown fire station -- Eric Lashley, Library Director and Laurie Brewer, Deputy City Manager City Council Meeting Minutes/ Page 5 of 10 Pages With a Powerpoint Presentation, Lashley reviewed the construction funding plan for the Art Center. He showed Council the current layout of the firehouse. He said there is a courtyard and added they are proposing to convert the office space to studio space and the current conference room into a gallery. He said they want to work with Thundercloud Subs to increase the seating in the park area. He provided a conceptual drawing of what the gallery space would look like. He said the total proposed renovation cost is $165,000. He described the deferred maintenance costs as well. He noted they will need architectural, sidewalk/pocket park and contingency funds as well. He said the total project cost is $400,000. He said they are going to get the funding from dedicated sources. He said $170,00 will be coming from downtown funds/sale of property, $122,000 from the Downtown TIRZ, $80,000 from a CVB forgivable loan and $28,000 from parkland dedication fees. He described the timeline if approved tonight. He described the proposed operation agreement with a non-profit. He noted they are wanting to be open for two additional hours per month for First Fridays as well as 2 additional hours for a monthly Artist Reception. He spoke briefly about the proposed gift shop. Speaker, Kirk Kriegel said he is the Chair elect of the Georgetown Chamber of Commerce and noted the past chair spearheaded this effort. He thanked Lashley for all of his hard work. He said the Chamber is very supportive of this and noted this will help Georgetown become a destination. He noted they look forward to the opening of the arts center in the coming months. Speaker, Kendell Young, said he lives in Wesleyan and said he has been a long time citizens of Georgetown and has participated on the GUS Board. He noted he was president of the Williamson County Art Guild in 1992 and at that time they tried to start an effort to build a culture center. He said he would like to support this art center. He spoke about the educational opportunities this center would provide for the community. He noted it is an established fact that the arts are an enhancement to learning. He asked the Council to support this. Speaker, Jane Estes, said she is representing Friends of the Arts and Georgetown Art Works and spoke about all of the many awards the City has won. She said there is such a wonderful arts landscape in the community. She said a lot of individuals support this project. She said she brought a lot of friends with her today and asked the supporters to raise their hands. She asked that the Council approve this item and move forward with the vision of a visual arts center. Speaker, Micki Avery, said her and her husband moved to Georgetown two years ago. She lived in Galveston for 14 years and while there was president of the Art Center Board for 14 years. She said she knows first hand how art can affect the community. She said art bring people in and will make Georgetown a destination. Motion by Sattler, second by Hellmann to approve the item. Gonzalez asked if there is a way to presence the bell and plaque outside of the current fire station. Lashley said it will still be there and added the bell will be incorporated into the signage. Meigs asked and Lashley said the completion date depends on the fire administration and when they can move out. Brandenburg said they should be out in July or August. Hammerlun asked and Lashley said he is not going to say there won't be surprises during construction but noted Facilities staff took surveys and received bids. Jonrowe thanked staff for all of the work that was done. She noted she thinks everything looks wonderful. Vote on the motion: Approved 7-0 O Consideration and possible action related to transit options based on Census designation of the City of Georgetown as part of the Austin Urbanized Area and its impacts on the FY 2013 budget -- Edward G. Polasek, AICP, Transportation Services Director and Micki Rundell, Chief Financial Officer Polasek described the item and said CARTS has worked out an agreement with TXDOT for the next fiscal year to allow the City to continue to use the CARTS service. He said, starting October 1, they will continue service for one year which will give staff time to develop and agreement with Capital Metro. He said they have amended the request from staff to $40,000, which includes $10,000 to CARTS for local match. Motion by Jonrowe, second by Hellmann to approve the item. Approved 6-0 (Gonzalez absent from the dais) P Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Fazzone Construction Co. of Cedar Park, Texas, for the construction of the 2011 CDBG Sidewalks & Parks Trail Project in the amount of $750,939.91 -- Edward G. Polasek, AICP, Transportation Services Director; Bill Dryden, P.E., Transportation Engineer and Kimberly Garrett, Parks and Recreation Director City Council Meeting Minutes/ Page 6 of 10 Pages Polasek described the item and noted the project came in under engineer's estimate. Motion by Meigs, second by Hellmann to approve the award of contract. Approved 7-0 Q Forwarded from the General Government and Finance Subcommittee (GGAF) and Parks and Recreation Advisory Board: Consideration and possible action to approve the award of San Gabriel Park parking lot expansion project to JLM Construction for the amount of $215,475.15 -- Paul Pausewang, Facilities Maintenance Coordinator and Micki Rundell, Chief Financial Officer Pausewang said he is looking to get approval for the parking lot expansion in San Gabriel park near the area of San Gabriel pool. He said they are looking to construct an additional 81 parking spots in this area. He said the project will also include new sidewalks. He said the project was competitively bid and there were nine responses. He noted the low bidder was JLM Construction. He said this project was approved by GGAF subcommittee. He said this project is funded by 2010 bonds. Motion Meigs, second by Hellmann to approve the award. Approved 7-0 R Consideration and possible action regarding the response to the Invitation to Bid for the sale of the old Albertson's building -- Bridget Chapman, Acting City Attorney and Paul E. Brandenburg, City Manager Brandenburg said the City received one bid in response to the invitation to bid. Motion by Gonzalez, second by Hellman to deny the bid and that the bidding process remain open. Approved 7-0 S Consideration and possible action to approve a Resolution granting a petition and setting public hearing dates for the disannexation of approximately 267.3 acres located along Leander Road and the future Water Oak Parkway, also known as M.U.D. #25 and Water Oak Development -- Jordan J. Maddox, AICP, Principal Planner, and Valerie Kreger, AICP, Principal Planner Maddox described the item and added this would be to disannex 267 acres, which is a portion of the Water Oak Development. He said this is just the resolution and is on the regular agenda because disannexations are rare items. Motion by Sattler, second by Gonzalez to approve. Approved 7-0 T Consideration and possible action to approve a Resolution amending Resolution No. 022608-FF, relating to the creation of Williamson County Municipal Utility District No. 25, and granting the consent of the City of Georgetown, Texas, to the annexation of approximately 256.418 acres of land into Williamson County Municipal Utility District No. 25 within the extraterritorial jurisdiction of the City of Georgetown, Texas -- Bridget Chapman, Acting City Attorney and Jordan Maddox, Principal Planner Chapman described the item and she said the MUD has passed a resolution and they are requesting the City's consent and acknowledgement of that resolution. She said they are asking for Council to approve the Resolution and allowing them to annex the property into the MUD. Motion by Gonzalez, second by Hellmann to approve the Resolution. Approved 7-0 U Consideration and possible action acknowledging a Resolution of Williamson County Municipal Utility District No. 25 rescinding its request for the exclusion of property in the District as provided and contemplated in Section 2.02 of the Amended and Restated Consent Agreement in connection with the Water Oak Development -- Bridget Chapman, Acting City Attorney and Jordan Maddox, Principal Planner Chapman siad this is a companion item to Item T. She said the MUD wanted to take property out of the agreement. She said they are just asking for the City to acknowledge that we do not care. Motion by Gonzalez, second by Hellmann to approve. Approved 7-0 V Consideration and possible action to authorize sending notice of termination of Lease of Real Property between the City of Georgetwn and Charles McKamy et al. -- Bridget Chapman, Acting City Attorney and City Council Meeting Minutes/ Page 7 of 10 Pages Paul E. Brandenburg, City Manager Brandenburg said this is regarding the Old Founders Park. He noted the City pays a lease on it as well as property tax, which is about $7,300 yearly. He said they would like to negotiate for the purchase of the parking lot in order to save money in the long term. Motion by Meigs, second by Sattler to approve. Approved 7-0 W Consideration and possible action to approve the First Amendment to the Tax Increment Financing Agreement with Williamson County regarding participation in the Rivery Park Tax Increment Reinvestment Zone (TIRZ) for the proposed Conference Center at the Summit at Rivery Park -- Micki Rundell, Chief Financial Officer Rundell said this item is to approve the amendment to the TIRZ for the conference center. She said this modifies the completion date of the conference center to September 2015. She said all other items remain in effect. She continued to describe the amendments to the agreement. She described the major provisions of the agreement. She said the item was recently approved by the commissioner's court. Motion by Meigs, second by Gonzalez to approve. Approved 7-0 X Forwarded from the Georgetown Utility System (GUS) Advisory Board: First Reading of an Ordinance amending Title 13, Chapter 13.04, Article VII, entitled "Miscellaneous" of the Code of Ordinances, of the City of Georgetown, Texas, repealing conflicting Ordinances and Resolutions; including a severability clause; and establishing an effective date to provide a more consistent application of service to all utility rate payers, encourage the timely payment of bills, and to align charges with industry standards -- Leticia Zavala, Utility Office Manager and Micki Rundell, Chief Financial Officer (action required) Zavala said this item amends four different areas of the Ordinance. She described the amendments for the Council. Motion by Hellmann, second by Gonzalez to approve. Jonrowe asked and Zavala said to encourage more timely payment they allow people to sign up for automatic draft payments. Jonrowe asked and Zavala said the City does offer a budget plan for residents which will allow them to make monthly payment. Sattler asked and Zavala described certain situations where penalties are waived. Zavala read the entire Ordinance to the City Council. Vote on the motion: Approved 7-0 Y Forwarded from the General Government and Finance Subcommittee (GGAF): First Reading of an Ordinance formally adopting the Fiscal and Budgetary Policy as amended to be used in preparing the 2012113 annual budget and to guide financial operations -- Micki Rundell, Chief Financial Officer (action required) Rundell described the item and said this is related to the presentation from 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 Meigs to approve. Approved 7-0 Z Forwarded from the General Government and Finance Subcommittee (GGAF): First Reading of an Ordinance to amend Chapter 4.08 Entitled "Authority of City Manager and City Staff to Contract" of the Code of Ordinances to remove out of date and duplicative language already included by ordinance in the Fiscal and Budgetary Policy -- Susan Morgan, Finance Director and Micki Rundell, Chief Financial Officer (action required) Rundell described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Hellmann, second by Gonzalez to approve. Approved 7-0 City Council Meeting Minutes/ Page 8 of 10 Pages AA Second Reading of an Ordinance amending the Code of Ordinance Section 13.04.083, Residential Distributed Generation Rider, to expand the definition of distributed generation to address commercial customers, as well as accommodate a Renewable Distributed Generation Incentive Program, which includes the program criteria, funding source and calculation of the rebate amount -- Kathy Ragsdale, Environmental and Conservation Services Director and Jim Briggs, Assistant City Manager (action required) Ragsdale said this is effecting the residential electric distributed generation rider. She said this accommodate the advances in technology. She described the amendments to this Ordinance. She read only the caption of the Ordinance on second reading. Motion by Gonzalez, second by Hellmann to approve the Ordinance on second reading. Approved 7-0 BB Second Reading of an Ordinance establishing the classifications and number of positions (Stength of Force) for all City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas Local Government Code pertaining to Civil Service -- Kevin Russell, Director of Human Resources & Civil Service (action required) Russell said this is the Ordinance that will change the Strength of Force in the Police and Fire departments. He said the City is adding three new fire fighters as well as another fire fighter to hold the place for a fire fighter who is on military leave right now. He noted they are moving one warrant officer in the police department. He continued to describe the changes. He read only the caption of the Ordinances on second reading. Motion by Jonrowe, second by Gonzalez to approve the Ordinance on second reading. Approved 7-0 CC Second Reading of an Ordinance to approve a Comprehensive Plan Amendment, amending various Institutional Use designations in the Future Land Use Plan, in conjunction with the Comprehensive Plan Annual Update -- Jordan J. Maddox, AICP, Principal Planner, and Valerie Kreger, AICP, Principal Planner (action required) Maddox described the item and read only the caption of the Ordinance on second reading. Motion by Gonzalez, second by Jonrowe to approve the Ordinance on second reading. Approved 7-0 DD Second Reading of an Ordinance to approve a Comprehensive Plan Amendment to revise the Growth Tier Map, in conjunction with the 2030 Comprehensive Plan Annual Update — Jordan J. Maddox, AICP, Principal Planner, and Valerie Kreger, AICP, Principal Planner (action required) Maddox said this is a companion item to the previous item. He read only the caption of the Ordinance on second reading. Motion by Jonrowe, second by Eason to approve the Ordinance. Approved 7-0 EE Second Reading of an Ordinance to approve a Comprehensive Plan Amendment to change the future land use designation from Low Density Residential to Mixed Use Community for 121.64 acres out of the Jones Survey, to be known as Gatlin Creek, located at 4909 Williams Drive -- Valerie Kreger, AICP, Principal Planner and Jordan J. Maddox, AICP, Principal Planner (action required) Kreger said this is one of two requests to change the future land use designation as well as the rezoning on the property. She read only the caption of the Ordinance on second reading. Speaker, Rene Broom, spoke in opposition to the Comprehensive Plan Amendment and Rezoning of the property. She spoke about new neighborhoods being developed in the area new Williams Drive. She spoke about the definition of commercial and how staff has been changing the definition and aligning itself with the developer. She disagreed with the inference that adding a traffic signal in that area would decrease the traffic flow. She spoke about the mosquito infestation that would increase with the addition of wet ponds on this development. She spoke about how the City does not have enough water for commercial uses. She said Georgetown should look at its process of spot zoning. She asked that Council delay the vote on these items until the legality of the City's processes is studied. Speaker Laurie Stock said, in light of the information provided on the first reading, several questions and City Council Meeting Minutes/ Page 9 of 10 Pages concerns should be answered by the City Council. She spoke about her concerns about the legality of the City's processes. Speaker, Bill Freeman, said he was here at the last meeting and added he is against this development. He said they have twenty more petitions from people in Sun City who are against it. He said it is going to cause a huge traffic problem. Motion by Gonzalez, second by Meigs to approve the Ordinance on second reading. Approved 7-0 FF Second Reading of an Ordinance for a Rezoning from the Agriculture (AG) District to Planned Unit Development (PUD) District with a base district of Local Commercial (C-1) for 121.64 acres out of the Jones Survey, to be known as Gatlin Creek, located at 4909 Williams Drive -- Valerie Kreger, AICP, Principal Planner and Jordan J. Maddox, AICP, Principal Planner (action required) Kreger briefly described the item and read only the caption of the Ordinance on second reading. Motion by Gonzalez, second by Meigs to approve the Ordinance on second reading. Approved 7-0 GG Consideration and possible action concerning staffing of the Legal Department -- Bridget Chapman, Acting City Attorney Chapman showed the City Council the proposed plan for the staffing of the legal department and asked for Council acknowledgement and approval of this plan. Motion by Gonzalez, second by Eason to approve. Jonrowe said she would like to say that Chapman is doing a great job and she has her full support. Hellmann asked and Chapman said this will be contingent on the budget process. Brandenburg said what is drawn up there could be done within the budget. Vote on the motion: Approved 7-0 Meeting adjourned at 11:05pm Adjournment The meeting was adjourned at 11:05 PM. Appro tte t: ayor Gedrge arver City Secretary ica Brettle City Council Meeting Minutes/ Page 10 of 10 Pages