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HomeMy WebLinkAboutMIN 05.08.2012 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, Troy Hellmann, Rachael Jonrowe Staff Present. Paul E. Brandenburg, City Manager; Bridget Chapman, Acting City Attorney; Jessica Brettle, City Secretary; Micki Rundell, Chief Financial Officer; Laurie Brewer, Deputy City Manager; Jim Briggs, Assistant City Manager; Ed Polasek, Transportation Director; Jordan Maddox, Principal Planner; Valerie Kreger, Principal Planner; Robert Fite, Fire Chief; Terri Calhoun, Real Estate Services Coordinator; Kathy Ragsdale, Environmental and Conservation Services Director; Carla Benton, Planner II; Mike Elabarger, Planner III 1 it utes 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 -- Mayor called the meeting to order at 8:13 pm Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Proclamation in honor of Better Hearing Month Mayor read the proclamation and presented it to Cathy Edison. Cathy Edison spoke briefly about Better Hearing Month as well as the hearing loop that was recently put in place in the City Council Chambers. - Proclamation in honor of Motorcycle Safety and Awareness Month Mayor read the proclamation and presented it to Richard Wells. Wells said the month of May is Motorcycle Safety Awareness. He spoke about motorcycle safety and its importance in the Georgetown community as well as around the nation. City Council Regional Board Reports -CAMPO Mayor said there is nothing to report about CAMPO and noted the next meeting will be on the 14th. - Lone Star Rail District Passenger Rail/Project Strategy — City Council Meeting Minutes/ Page 1 of 10 Pages Work in Travis and Hays Counties to secure agreement for local operations and maintenance funding continues. A work session has been scheduled with the Travis County Commissioners Court for the afternoon of 5/17. In Hays County, the working group made up of city, county, and LSRD staff and consultants will be making a report to the rail policy group established by Judge Cobb in the next few weeks. A status report on project financial efforts will be given on 5/7 to the San Marcos City Manager's Office. A comprehensive business plan is currently being prepared by District staff and consultants; the plan will be substantially complete at draft level by the end of May. The plan will encompass the regional need for LSTAR passenger rail and the urban freight rail bypass, benefits of LSTAR and the urban freight rail bypass, financial strategy, implementation strategy, operations and policy, service plans, costs, and risks & mitigation. A coordination meeting for the MoPac alignment was held on 4/25 between LSRD staff & consultants, and CTRMA staff & consultants, on proposed designs for the MoPac (Loop 1) improvement project and its impact on the current Union Pacific (proposed LSTAR) right of way in the median of the highway. LSRD staff & consultants met with PFM on 4/25 to discuss and scope PFM's effort to create a comprehensive financial strategy for the LSTAR and freight bypass projects. Results of that strategic effort will be incorporated into the District's Business Plan, and will guide efforts to engage possible P3 partners in moving the projects forward. LSRD staff participated in a conference call on 4/26 with TxDOT and USDOT regarding TxDOT's recently started Level 1 NEPA study of possible HSR corridors in Texas. Union Pacific / Freight Relocation — The joint LSRD/Union Pacific inspection trip is scheduled for 5/15 through 5/17. As a reminder, the joint inspection trip will operate over the proposed LSTAR line, plus related UP territory and the general area of the proposed urban freight rail relocation line, to be conducted with LSRD staff, consultants, and UP staff. The purpose of the trip is to help inform and finalize the joint service planning effort currently going on between LSTAR and UP. The Alternatives Analysis is complete, and a draft report has been submitted by Jacobs Engineering to the District's Counsel. Three alternatives for a freight bypass line will be taken forward into an environmental analysis process (most likely an EIS), including a robust public involvement effort, to be submitted to the federal government to obtain a Record of Decision. Freight Bypass Stakeholder Engagement — The team, consisting of LSRD staff and consultants and representatives of Union Pacific, continues to meet bi-weekly to coordinate messaging and report on ongoing outreach efforts. Meetings are currently scheduled with, or being set up with: Williamson County Judge Gattis (pending), the City of Lockhart (pending), the Coupland Civic Organization (on 5/23), and San Antonio Councilmember Lopez (pending). Meetings were held since the last report with the City of Seguin (Mayor, City Manager, and Planning Director) on 4/23. A Freight Bypass / Relocation web page, as well as a redesign of the Texas Rail Relocation and Improvement Fund web page are complete in draft form for deployment on the Lone Star Rail District web site www,lotiestarraii.com. The new pages will be deployed shortly, and will include a project description, study documents as they become available, and a map of the study corridor. This will also be an opportunity to update other parts of the website with the latest operations and service planning data from our joint service planning process with Union Pacific. Public Engagement— Lone Star Rail staff made a project update presentation to the Greater Austin Chamber of Commerce Transportation Committee on 5/3. Other — Lone Star Rail District continues to participate actively in the CAMPO Transit Working Group and Project Connect initiatives to define the future Central Texas high capacity transit system. The consultants at Hahn, Texas and A3 have made great progress on the freight rail relocation part of our website, and it is now live and accessible from the homepage at www.lonestarraii.com. The messaging is entirely consistent with our current Stakeholder Engagement messaging, so if you have constituents or otherwise interested parties wanting information on the freight rail relocation project (including background information on the Texas Rail Relocation and Improvement Fund), please feel free to direct them to the LSRD website, where they can read about the effort, see a project area map, and provide comments to the District. City Manager Comments Irrigation Schedule Life -Saving Award - Police Department Action from Executive Session Motion by Eason, second by Helmmann to reappoint Randall C. Stump as Municipal Court Judge for the City of Georgetown for a term of two years. Approved 7-0 City Council Meeting Minutes/ Page 2 of 10 Pages 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 theagenda: 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 - General Charles "Chuck" Graham, regarding an invitation to Memorial Day activities in Sun City General Graham thanked the Council and invited them to attend the Memorial Day celebration in Sun City on May 28. He said he brought invitations for all of Council. He said their guest speaker will be Governor Rick Perry and the Congressman John Carter with introduce him. He said the Mayor as well as Judge Gattis will be there as well. He said he hopes the Council will come and let us know they are coming. He said he hopes he sees everyone there. He handed out invitations to the City Council. 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, April 24, 2012 -- Jessica Brettle, City Secretary E Consideration and possible action regarding a Resolution granting a petition and setting public hearing dates for 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 Elizabeth A. Cook, Community Development Director Motion by Hellmann , second by Meigs to approve the consent agenda in its entirety, with the exception of item D, which was pulled to the Regular Agenda by Patty Eason. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: D Consideration of the 2012 Annual Update to the 2030 Comprehensive Plan -- Jordan J. Maddox, AICP, Principal Planner and Valerie Kreger, AICP, Principal Planner Pulled to the regular agenda by Patty Eason. Maddox said, in 2008, the City adopted the 2030 Comprehensive Plan. He said, in that plan, it set about an annual report that should be brought to Council for discussion and approval. He said this is the annual update to the plan. Eason said she wanted to have clarification that item D is for information only. She said she was confused on a sentence on page five of the report, where is says Planning and Zoning and Council can suggest additional changes. Maddox said they consider the cycle to be a time during the year where there can be amendments. He said there are some suggestions brought forward by staff but noted Council can make any changes they would like as well. Eason said she does not have any other changes but noted she is glad she is asked for clarification because Council would not be able to do that on a consent agenda item. Motion by Eason, second by Hellmann to approve the annual update. Jonrowe asked and Maddox said this is very much an evolving document. He noted it is a long term vision and spoke about the process that took place that led to the creation of the document. He spoke about the input that was received in the creation of this document. Berryman asked about the Housing Element portion of the plan. Maddox said the discussion of the Housing Element has been shifted to July but noted the City Council directed staff to look at housing related implementation items. Berryman asked and Maddox said he does not believe the tax credit application process is part of anything they have studied. Berryman asked and Maddox said a revision of the process and timelines would not really fit in either plan. Berryman asked and Maddox said Council would have to develop a policy for that process instead. Sattler asked and Maddox said the official City Council Meeting Minutes/ Page 3 of 10 Pages zoning plan is coming back to Council on May 22. Berryman asked and Brandenburg said if the Council wants to address this issue, it needs to be adopted by a City Council. Vote on the motion: Approved 7-0 F 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 Elizabeth A. Cook, Community Development Director Maddox said the City received a petition for the voluntary annexation of a future section of Georgetown Village. He noted this is the first of two public hearings required for the annexation. Public Hearing was opened at 6:51 PM No persons were present to speak. Public Hearing was closed at 6:51 PM G Public Hearing and First Reading of an Ordinance for Comprehensive Plan Amendments to the Future Land Use 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 staff takes a look at the future land use map every year to see if there have been significant changes, rezoning and actions taken that must be represented on the map. He said they took a look at some minor amendments last year pertaining to institutional uses. He described these amendments for Council and said they made the changes to the map to address the institutional uses. Public Hearing was opened at 6:53 PM No persons were present to speak. Public Hearing was closed at 6:53 PM Maddox read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Jonrowe, second by Meigs to approve the Ordinance on first reading. Approved 7-0 H Public Hearing and First Reading of an Ordinance for Comprehensive Plan Amendments to 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, upon the 2008 adoption of the 2030 plan, there were several maps as part of the land use element of the plan. He said the growth tier map was one of those and is a guide for growth plan and improvements over the long term. He said it is a tool used for modeling and long term planning for water and wastewater improvements in Georgetown. He noted this map is normally only changed every three years. Public Hearing was opened at 6:55 PM No persons were present to speak. Public Hearing was closed at 6:55 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 Berryman to approve the Ordinance on first reading. Berryman asked and Maddox said the areas Berryman is asking about are additions to the priority area. Berryman asked and Maddox said they are not all new growth areas and added there is a lot of rehabbing old facilities and making necessary improvements to the system as needed. He said that is a reason you see a lot City Council Meeting Minutes/ Page 4 of 10 Pages of areas that appear to be built out but are still marked as needed improvements. Vote on the motion: Approved 7-0 I Public Hearing and First Reading of an Ordinance for 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 4900 Williams Drive -- Valerie Kreger, AICP, Principal Planner and Jordan J. Maddox, AICP, Principal Planner (action required) Kreger said the applicant has requested to change the future land use designation and rezoning on the property. She said their intention is to develop with a mix of uses including commercial, office and residential. She said the application was originally received in 2011, which stalled because it was determined that a PUD would be necessary. She said over the last year, staff and the applicant has worked on a PUD document and PUD language. She said they are taking this forward as part of the 2012 annual land use amendments. She described the size, location and composition of the property. She said the City is evaluating the possibility of managing the CTSUD service area but noted the property owner is still required to provide the appropriate water pressure levels. She said the property is within PEC's electric service area. She said a traffic impact analysis (TIA) was required for the proposed development. She said the loop road and driveway access onto Williams Drive was reviewed with the TIA. She said currently the property is designated low density residential and the applicant seeks to change this to mixed use community. She described the type of development allowed in mixed use community. She said the applicant is also seeking approval of a rezoning to a PUD district with a base district of Local Commercial C-1. She said staff is in supportive of that change. She said the PUD zoning designation is designed to accommodate a mixed of uses on unique property. She said the PUD was developed to ensure the mix of uses as well as transportation issues. She said the property is heavily treed and has over 200 heritage trees. She said the protected tree requirements will remain applicable to this property. She said the PUD is divided into three zones and she described each of the zones for the Council. She described the proposed road structure for the property as well. She described the proposed setbacks on the various sides of the property. She said it is subject to a maximum of two stories in height. She described the impervious cover requirements for this property. She said a master sign plan will be required for the development and she described the sign plan for the PUD. She described the water quality and flood plain requirements as well. She continued to speak about the heritage trees. She addressed curb cuts and said the development will follow standard parkland dedication requirements. She said there were six speakers in opposition to this request at the Planning and Zoning Commission meeting. She said there are currently 82 properties in protest of this request. Kreger showed Council a map highlighting the properties that have protested the request. She noted, legally, the protests do not change the voting number tonight as most of the properties protesting are not located in the city limits. Public Hearing was opened at 7:13PM Speaker, Rene Broom, said she has a justifiable interest on the property and she opposes the change. She spoke about how the comprehensive plan is a covenant between the City and the property owners. She said the comprehensive plan provides that the use of this property should be be low density residential.She said the applicant is requesting this change without reaches out to communicate with any adjacent neighbors She said Gatlin Creek is bordered by three established residential neighborhoods which have been thriving for over thirty years. She said the character of this neighborhood is not commercial. She said the Gatlin Creek property is located near the lake and she described her concerns with the proximity of this development to the lake. She asked the Council to honor its covenant with the citizens. Speaker, Mike O'Conner, said the initial 2030 comprehensive plan should not be changed. He said the low density residential zoning designation should apply to all property surrounding Lake Georgetown. He said the lake is spring fed and constantly flows, except in extreme drought conditions. He said if the zoning request is approved he is concerned with the amount of pollutant runoff that would channel into the lake. He said water needs to be the number one concern of this county. Speaker, Cathy Starnes, spoke about the water issue. She said the Comprehensive Plan on the City's website was described as an intensive year long process. She said citizens do not want Williams Drive to turn into a Burnet Road and added it is important to protect the lake. She said her and her neighbors are not against development but noted this should be a community decision. She said in the PUD documents she read, Mr. Wolfs application was not approved initially by the Planning and Zoning because of the commercial nodes. She noted, all of a sudden, a PUD seemed like a good idea. She asked why it changed from disapproval to approval of the plan. She said it alarms her the Chisholm Trail will be providing water on this property. She said they have had much more strict restrictions on their water usage than the City of Georgetown. He said if this man is going to come out and use Chisholm Trail water when neighbors are already having low water pressure, there will be a City Council Meeting Minutes/ Page 5 of 10 Pages major problem. She said PUD's are defined as something that take the community into account when they are designing it. She said they have no specifics on what is actually going to be on that location. She noted the applicant's original plan for the property was removed from the City website. She said they have a right to know exactly what we are talking about. She said the applicant has never approached any of the surrounding property owners. She said they do not know what they are arguing against. She said she thinks the City is selling its residents short when they say the Comprehensive Plan is a flexible document. She noted she is opposed to this application. Speaker, Laurie Stock, said she has the same emotions as Ms. Starnes. She said she was looking at the map and said Cathy hit it on the nose. She said there are comprehensive plan amendments all over the agenda and noted it seems like the plan is being micro -managed for one or two applicants that want to change everything. She spoke about the traffic coming out of the Gatlin Creek development. She said she has three kids and every one of them will be riding a GISD bus, which will have to navigate this traffic. She said the applicant has not contacted anybody in the neighborhood. She noted changing the Comprehensive Plan is a mistake and opens the door to so many other things. Speaker, John Almstead, showed Council a map of the area. He said, in every plan he has seen, he will end up having a grocery store in his backyard. He said he does not want a store in his backyard and added he definitely does not want the City to pollute the lake. Speaker, Ruth Almstead, said she bought her home in 2006 and added she was told that behind her development it was zoned to be residential and light commercial. She said this new proposed development is a breach of faith. She said she was upset when planning said that these people are not in the City of Georgetown. She noted there should have been some sort of announcement about this development. She said she opposes the zoning and noted she has been told this is a done deal. She said the fact that Council will not consider input does not seem right. She asked that Council at least move the grocery store to the center of the development. Speaker, Louis Gibson, said he lives at 129 Durango Trail in Sun City also known as God's waiting room. He said he has been in Sun City for 12 years and he loves Georgetown and Sun City. He said there is really nothing they do not like. She said he and his wife celebrated 60 years together and added it would be nice to find a good restaurant or get a haircut or take your laundry somewhere without having to go all the way downtown or to the Wolf Ranch area. He said there is not going to be any more retail activity in Sun City. He said it would be appropriate to have development closer to them for every day needs. Speaker, Russell Smith, said he has lived in the Old Oak Estates neighborhood for 26 years. He said he and his neighbors have never been approached by the applicant to change the comprehensive plan. He said they were notified in the mail in March. He said changes to this land effects all residents in Georgetown. He said his main area of concern in water quality and noted commercial properties like this use more water. He said he does not want Williams Drive to become Lamar Boulevard north. Speaker, Brad Rockwell, said he is a former municipal attorney for three cities and he is appearing here on behalf of some of the neighbors to the Gatlin Creek tract. He said he is here to speak about the law applicable to this case. He referenced a state statue about how zoning must be in accordance with a city's comprehensive plan. He reference Georgetown's comprehensive plan and why the property in question was zoned as it currently stands. He spoke about the impervious cover of the property and added 70% impervious cover is very high for that type of development. He described the preservation of water quality and how nothing is guaranteed. He said the only true way to protect the water quality is to have low density residential development. He mentioned a recent case where Laredo tried to amend the comprehensive plan to uphold the rezoning. He noted the San Antonio Court of Appeals stated in that case that that could not be done. He urged Council to deny this application. Speaker, Richard Pitro, said he is a resident in Sun City and added a future grocery store would be a welcome addition to the City of Georgetown. He said the community is held captive by two grocery stores and would welcome a new one. He said he would welcome any additions of an eatery or convenience store to the location as well. He said he is sure there are residents in Sun City that would welcome the same thing. Speaker, Dawn Harris, said she welcomes more business to this area because, if there are other businesses that can share the tax burden with her and her husband, it would help her.She said her Mom lives in Sun City and hates having to go down Williams Drive. She said it is her understanding that a traffic study was done and, if 48% oppose this, than 52% do not oppose it. Speaker, Stephen Brown, said he respects the opinion of the people against this and respects that. He said the developer too has concerns about water and water quality and is a man of integrity. He noted he is somewhat City Council Meeting Minutes/ Page 6 of 10 Pages puzzled to see someone talk about a grocery store because he had not heard anything about that type of development going into that location. He said he would love to see a grocery store come. He said he thinks the City needs it. He noted in this day and age of a tough economy, this would increase the employment opportunities, the tax base and the economy. He noted he would like to not to have to drive so far to go out to eat or go shopping. He said he supports this proposition. Speaker, Richard Gore, said he opposes this proposal for all of the reasons these good people have stated. He noted the developer has not contacted anyone in the subdivision and his application. Speaker, Art Trigesser, lives in Sun City. He said he would like to speak in favor of this development. He noted the City has had huge population increases and noted the Sun City area has little commercial development and very little in terms of restaurants. He said to have other options would be desirable. Public Hearing was closed at 8:02 PM Kreger read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. The applicant, David Wolf, took the opportunity to thank the Planning and Development staff. He said they have had over a dozen meetings with Kreger and many meetings with David Munk and Elizabeth Cook. He said they have had many meetings and believe this will be compatible with the area. He said this is planned to be respectful of the adjoining neighbors. He said their plans are to develop high end patio homes featuring extensive club house amenities. He said they plan also include professional office condos and to allow for the center of the property, the most buffered part, to include retail and commercial use. Berryman asked and Wonky said the center portion of the development, Zone A, will be where the intensity will be. Berryman asked and Wonky said all of the development will have the appropriate buffers and setbacks. There were many questions and much discussion about what is going to be developed on the property. Meigs asked and Wonky said there is currently no interest in multi -family apartment buildings. Wolf reiterated there are no prospects at this time for a multi -family. Berryman had many questions about maintaining the water quality on the property. Wolf said they must maintain the water quality or improve it. Sattler had many questions and received clarification on what will be going on the property. Hellmann said he had a lot of the same questions regarding the water quality. He noted TCEQ would not allow the developer to add any water or harm the water quality in the area. Hellmann asked and Wonky said the traffic impact study talks about the increased levels and when increased traffic would trigger lights. Eason asked and Munk said water in the area is served by Chisholm Trail. He said waste water will more than likely be tied to the Sun City line but noted it will be driven to the development. Eason asked and Munk said, it is a platting requirement to have fire flow and a domestic water. Eason asked and Munk confirm it stops development if they do not meet those requirements. Berryman asked and Munk said this is one of the areas that may be brought into the City of Georgetown. There was much discussion about what would happen if this property moved over to the city service. Jonrowe said there were some legal assertions made tonight and she asked if the City is doing something illegal. Chapman saidm as far as she knows, the way we do this is totally legal. Kreger said she knows many other communities do it this way. Jonrowe said this type of development is consistent with what the City has been doing along Williams Drive. Berryman asked and Kreger described the development going in across the street. Berryman said it seems like this is becoming a commercial zone. Berryman asked and Kreger spoke about the changes in zoning that occurred across the street. She said the Council has been discussing the development in this area since 2008. Motion by Gonzalez, second by Hellmann to approve the Ordinance on first reading. Gonzalez addressed the traffic issues in the area and noted keeping some of the traffic locally would alleviate some of the traffic heading down Williams Drive. Berryman said she feels bad for the people living in this area because it is going to become a commercial area. She spoke about the hard work and sacrifices the developer made for this development. Berryman addressed the 2030 plan and added it is a breathing and living document. She said Georgetown is a City that has grown from 20,000 to 43,000 not including the people just outside of the City limits. She said she agrees with Hellmann and added a traffic light will make the traffic safer in that area. She said she does not think most developers take as much time as Wolff to make this work. She had many comments on this issue. Hellmann said what Council is talking about right now is Item I, which is separate from Item J. He said the question is whether or not Council wants to see commercial development along Williams Drive in 2030. He said, in his mind, Williams Drive is a major arterial road and noted it make complete sense to him to amend the plan to show commercial development along that area. He said this is a good plan that starts to emphasize that change. He said this is where the PUD comes into play. He said the PUD use is to tackle a bigger piece of area so that is it not a piece mealed development like Burnet Road in Austin. He said the PUD will protect and meet a lot of the concerns brought forward by residents, which he thinks are legitimate. He noted there will be City Council Meeting Minutes/ Page 7 of 10 Pages hundreds of thousands of dollars spent to make sure the development complies with all TCEQ regulations. Eason asked and Munk said the developer is extending wastewater and is certified in the PUD to do a wet pond. He said a wet pond is much better than a sand filter. He said the developer is taking the high road with the development. Eason asked and Brandenburg said the City wanted control of the lake in 2008 in order to protect it. There was much discussion regarding the land around the lake and efforts being made to protect it. Vote on the motion: Approved 7-0 'J Public Hearing and First 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 4900 Williams Drive -- Valerie Kreger, AICP, Principal Planner and Jordan J. Maddox, AICP, Principal Planner (action required) Kreger 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 the Ordinance on first reading. Approved 7-0 K Consideration and possible action to approve appointments to the Emergency Notification Citizen Task Force -- Paul E. Brandenburg, City Manager and Robert Fite, Fire Chief Motion by Hellmann, second by Berryman to approve the appointments. Approved 7-0 L Discussion and possible action regarding a report and recommendation from the 2012 Compensation Committee -- Jessica Brettle, City Secretary Barbara Pearce said as part of the process, the staff was helpful in giving them information. She said they reviewed the content thoroughly and added they found that the current system has gotten rather complicated and ambiguous. She noted it is difficult to equitably apply and puts the Council at risk for being misinterpreted. She noted one of their goals was to make the process simple, transparent and fair. She said they recognized there are costs to serving the community but noted their intent is to recommend a level of compensation that will somewhat ameliorate those costs. She said they were unanimous in their belief that council does this because of their sense of public service and should not expect to be fully compensated. She reviewed the current policy. She said their recommendation is that the salary amount and the expense reimbursement be rolled into one amount entitled Council and Mayor compensation. She said this would be a single check cut each month, no receipts required. She said it would save paper work and staff time and would be fair and equitable. She said they have provided two stages for this change. She said they are recommending what they are receiving now which is $400 for the City Council and $550 for Mayor. She said they recommend that, based upon the improvements in the economic condition of the City, that Council consider adjusting that amount to $500 for Council and $750 for the Mayor to become effective after the subsequent election. Berryman said this is a good plan and added she thinks the $500 and $750 raise needs to be discussed openly because City staff has not received a staff in years. She asked that Council not do anything too quick or abrupt whenever staff is not seeing a compensation increase. Meigs thanked the committee for the work on this. Motion by Meigs, second by Berryman to approve the recommendations brought forward by the Compensation Committee. Gonzalez spoke about people of lower economic levels being able to serve on the Council., He said he wants everyone who wants to serve to be able to do so. Jonrowe thanked the committee and spoke about how she has a fourth child on the way. She said she is a stay at home mom and puts in 15-20 hours on Council work every week. She said last summer she did not have as much of a workload, but noted her family is in a position where they have had to talk about hiring a part time nanny to assist. She said that the recommendation is good but it is not enough. There were some questions regarding the section in the Charter regarding Council remuneration. Vote on the motion: Approved 7-0 M Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to authorize Task Order No. JPA -12-001 in the amount of $259,450.00 with JPA Real Estate Consulting, Georgetown, Texas, for right of way acquisition services in connection with the proposed TxDOT FM 1460 Improvement Project -- Terri Glasby Calhoun, Real Estate Services Coordinator, and City Council Meeting Minutes/ Page 8 of 10 Pages Edward G. Polasek, AICP, Transportation Services Director Polasek described the item for the Council and said it is being recommended unanimously by GTEC. Motion by Berryman, second by Gonzalez to approve the item. Approved 7-0 N First 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 a few weeks ago, a presentation was made on the photovoltaic systems and solar rebates. She spoke about the distributed generation rider ordinance, which is the program the rebates will fall under, and how they realize that Ordinance needed to be updated as well. She said this is the generation of electricity on a smaller scale on site or on the distribution system to the location it serves. She noted they are renaming the distribution system as distributed renewal electric generation (DREG). She described the reason for this upgrade. She noted, until recently, they have not received any requests regarding a distribution system. She said they are going to address this and see if they can make the system to include a couple of changes to bring it up to date. She said the current rider limits the system to wind and solar and added they will expand that to biomass, geo-thermal, hydrogen fuel cells and other renewable generation. She said they are going to expand it to include small commercial and large commercial customers. She spoke about the rebate program and said this is to encourage the ownership electric energy generation and will be reimbursed through net metering and cash rebates. She described both of those reimbursements for the Council. Jonrowe asked and Ragsdale spoke about her research and how you can look into other solar voltaic systems throughout the state. She said Georgetown will be the smallest City to adopt this type of program. She continued to describe the program for the Council. Jonrowe asked and Ragsdale said she is not sure how we would manage the difference between subsidizing current systems that currently exist or incentivize people to build these type of systems. Ragsdale said the City is funding the program through the sale of renewable energy credits. She said these credits are a commodity and can be bought or sold in the electric industry. Speaker, Naik, said he resides in Berry Creek and has been a resident since 2007. He asked the Council to consider offering incentives to residents who have already placed solar panel systems on their homes. He said he had some interest in placing solar panels on his house but noted Georgetown does not provide incentives at that time. He had a system put in place in 2009 and there were still not incentives or rebates available. He noted he realizes there is a new incentive being put in place but noted he would like for part of the incentive to be put in place for retro -active use for homeowners who already have a system in place. Briggs said staff has done extensive research to make this available to citizens. He said not all roof systems are built to take complete advantage of the sun. He said this Ordinance will allow for the provision of netting out the energy onto the grid. Ragsdale read only the caption of the Ordinance on first reading after having satisfied the requirement of the City Charter. Motion by Eason, second by Sattler to approve the Ordinance on first reading Meigs asked and Ragsdale said she received some of the communicated concerns from citizens on this. Meigs asked about the difference it would make going from $1.50 to $2 a watt and increase that maximum rebate as a real incentive. Ragsdale said we could do this but noted the problem is the funding we have behind this program. She said staff is trying to reach as many people as possible and still be an incentive. She said the federal government has taken the cap off of their tax credit, so they get 30% of whatever is paid. She said that is also an incentive in that whatever the city does not pay, the person gets 30% off the total amount. Meigs asked and Ragsdale said there is certainly a chance to expand this in the future but noted this type of program is very labor intensive. Sattler said he has a solar panel system in Hawaii. He noted he understand where staff is coming from in terms of the amount of a rebate. He said he is wondering if staff would rather incentivize people to start a program with $2 or have more people receive the rebate at $1.50. Sattler had many questions regarding what the City is currently paying and selling for power. Briggs said a lot of this can be discussed in Executive Session. Sattler asked and Briggs confirmed the City is prices this along the lines of what the City would pay for energy. He noted what they are getting is more in this proposal than what they were getting previously. There was much discussion and many questions. Jonrowe made a friendly amendment that the Council receive a follow up report from staff in six months or if City Council Meeting Minutes/ Page 9 of 10 Pages the money runs out for the program. Vote on the friendly amendment: 6-1 (Gonzalez opposed) Vote on motion as amended: 6-1 (Gonzalez opposed) O Second Reading of an Ordinance for Rezoning from Agriculture (AG) District to Office (OF) District for Chaparro Estates, Lots 1,2,3,5 & 6, part of a Resubdivision to be known as Chapriel Place, Block A, Lots 1-A, 2-A, 3-A, 5-A and Block B, Lot 1-B, located at the intersection of Williams Drive and Sedro Trail -- Carla Benton, Planner II and Valerie Kreger, AICP, Principal Planner (action required) Benton described the item and read only the caption of the Ordinance on second reading. Motion by Hellmann, second by Berryman to approve the Ordinance. Approved 7-0 P Second Reading of an Ordinance on a Rezoning amendment to the Planned Unit Development for Sun City Neighborhood 59, situated on 96.99 acres near the future extension of Pedernales Falls Drive -- 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 Hellmann, second by Jonrowe to approve the Ordinance. Approved 7-0 Q Second Reading of an Ordinance amending Ordinance No. 2011-60 pertaining to the annexation of 2011 Annexation Area 15, to correct the label of an exhibit in the Ordinance -- Jordan J. Maddox, AICP, Principal Planner and Bridget Chapman, Acting City Attorney (action required) Maddox described the item and read only the caption of the Ordinance on second reading. Motion by Berryman, second by Eason to approve the Ordinance. Approved 7-0 R Second Reading of an Ordinance for a Rezoning from the Agriculture (AG) District to General Commercial (C-3) District for 2.54 acres of the Flores A. Survey, located at 2815 and 2817 North Austin Avenue -- Mike Elabarger, Planner III and Elizabeth A. Cook, Community Development Director (action required) Elabarger read only the caption of the Ordinance on second reading. Motion by Jonrowe, Berryman to approve the Ordinacne. Approved 7-0 Approved Mar George` Ga ` er City Council Meeting Minutes/ Page 10 of 10 Pages Meeting adjourned at 9:39pm Adjournment The meeting was adjourned at 09:39 PM.