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HomeMy WebLinkAboutMIN 06.26.2012 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, Tommy All Council Present. Gonzalez, Rachael Jonrowe, Troy Hellmann, Jerry Hammerlun Staff Present: Paul E. Brandenburg, City Manager; Bridget Chapman, Acting City Attorney; Jessica Brettle, City Secretary; Micki Rundell, Chief Financial Officer; Jim Briggs, Assistant City Manager; Laurie Brewer, Deputy City Manager; Wayne Nero, Police Chief; Carla Benton, Planner II; David Munk, Utility Engineer; Glenn Dishong, Utility Director; Robbie Wyler, Historic District Planner; Jordan Maddox, Principal Planner; Mike Peters; Information Technology Director; Edward Polasek, Transportation Services Director; Bill Dryden, Transportation Engineer; Mark Miller, Transportation Services Manager; 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 City Council Regional Board Reports Lone Star Rail District- Here is the bi-weekly report of LSRD major activities for 6/22/2012 (a few days late due to the CAMPO TWG meeting): Passenger Rail/Project Strategy — Work in Travis and Hays Counties to secure agreement for local operations and maintenance funding continues. Unfortunately, the Travis County Commissioners Court did not endorse LSRD's request at this time to have staff work with the District on structuring an interlocal agreement (IA) for tax increment financing (TIF) zones around proposed LSTAR station sites for later consideration by the Court. LSRD has been invited by the Court to return in October, after the budget cycle, to make the request at that time. The team is wasting no time, however; we have moved on to discussions with the City of Austin on the proposed IA, and a process to get the proposals before the city's Finance Committee and City Council in the near future. In Hays County, the working group made up of city, county, and LSRD staff and consultants has made a report to Judge Cobb on 6/11, and subsequently met with the policy group that the Judge convened on 6/21 to present the findings of the rail TIF workgroup. Next steps in Hays County include presentations City Council Meeting Minutes/ Page 1 of 8 Pages to city councils and the Court to make a similar request as that made in Travis County and Austin, to begin IA negotiations with staff. A meeting has been scheduled between LSRD, consultants on the LSTAR project, and City of San Antonio elected leaders and staff regarding a project update and request for the city to coordinate meetings between city, county, and VIA staff (at a minimum) to begin discussions on TIFs and other possible operations and maintenance revenue sources for the future LSTAR service. The comprehensive business plan is largely complete at draft level; LSRD consultants PFM are working on the last chapters, which detail the financial/P3 strategy that the District will follow in the coming months to begin securing capital funds for the project, and to inform financial and operational negotiations with Union Pacific (an effort which will be coordinated by RL Banks, a highly -regarded railroad operations and economics firm). Staff met with the North Texas Council of Governments & MPO to discuss statewide rail strategies and ways to pursue state and federal legislative coalitions to improve freight and passenger rail infrastructure. Staff continues to work with Congressional and Senate staff in Washington to support streamlined environmental clearances for passenger, freight rail, and highway projects, including the "Ribble Amendment" in the current transportation funding bill. Submitted letters of support to Senator Hutchison and members of the Texas Congressional delegation serving on the joint Senate/House Conference Committee on the bill. With the Austin Chamber of Commerce, staff visited with each member or staff of the Austin -San Antonio Corridor Congressional delegation to support enhanced funding for transportation projects and improved environmental review process. Union Pacific t Freight Relocation — Follow-up meetings to the 6/6 and 6/7 inspection trips over UP territory for the proposed LSTAR line and the San Antonio -Seguin bypass territory are tentatively scheduled for the middle of July with UP leadership and staff in Omaha to discuss findings, approaches, and continuing operational coordination as the project progresses. 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), San Antonio Councilmember Lopez (pending), and the Georgetown Chamber of Commerce (6/25). KgbTexas has been added to the Stakeholder Engagement effort, coordinating strategic messaging and outreach specific to San Antonio/Bexar County. A draft messaging document has been created, in sync with the overall messaging strategy agreed to by the Hahn/LSRD/Union Pacific team, to guide the San Antonio/Bexar County work. Meetings were held since the last report with Williamson County Commissioner Morrison (6/8), Hays County Commissioner and LSRD Board Member Conley (6/11), the City of Manor (6114), Manville WSC (6/14), the City of Bastrop (6/18), and Bluebonnet Electric (6/21). Public Engagement — Lone Star Rail staff attended the Project Connect North Corridor public meeting held in Pflugerville on 6/19. Lone Star Rail staff gave a presentation on Lone Star Rail to the annual statewide convention of the Texas Public Works Association in Mesquite, Texas, and will give. another on freight rail issues to the San Antonio Mobility Coalition's Leadership Luncheon series. 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. City Manager Comments - Independence Day Holiday Closings - Fireworks - Irrigation Schedule - Police Officer Promotion Action from Executive Session Motion by Meigs, second by Sattler to approve the Acting City Attorney's appointment of Skye Masson as Assistant City Attorney. Approved 7-0 City Council Meeting Minutes/ Page 2 of 8 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 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, June 12, 2012 -- Jessica Brettle, City Secretary D Consideration and possible action to approve a License to Encroach into a public right-of-way at 201 Briarwood Drive, being Lots 3A and 313, Block D, Briarwood Subdivision Section 1, to be known as Sports Clips Headquarters -- Carla Benton, Planner 11 and Elizabeth Cook, Community Development, Acting Director E Consideration and possible action to engage McCall, Parkhurst & Horton, L.L.P. to respond to Internal Revenue Service questionnaire and examination of the Combination Tax and Revenue Certificates of Obligation, Series 2008, issued May 20, 2008 -- Micki Rundell, Chief Financial Officer F Forwarded From the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve First Amendment to Task Order TCI -11-001, for professional services relating to materials test for the LWTP Phase III, with Terracon, Inc. of Austin, Texas, in the amount of $15,000.00 -- David Munk, P.E., Utility Engineer and Glenn W. Dishong, Utility Director Motion by Hellmann, second by Sattler 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: G Second Reading of an Ordinance for 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, Acting Planning Director (action required) Wyler said at the April 3 Planning and Zoning Commission, there was a recommended denial of the permit and at the May 22 City Council meeting, there was a 4-3 vote to approve the item on first reading. He said, since that meeting the applicant went to the Historic and Architectural Review Commission where action was postponed due to some questions and concerns. He said, since then, the applicant met with staff to address those concerns. He showed Council the most recent site layout. He said some of the questions raised were regarding stacking, the auto circulation and the sidewalks being pedestrian friendly. He noted one of the larger changes is that the site is no longer accessed off of the alley. He said the circulation has been detailed on the site. He said, outside of that, there have been no significant changes. He said this site layout is the same as the one going to the historic commission. He read only the caption of the ordinance on second reading. The developer, John Kiltz, said he would like to add a few brief comments to Wyler's presentation. He said, since the last meeting, they reviewed the position of the opposition and noted most of the concerns were regarding the shared driveway. He spoke about the driveway and how 100% of it is on their property. He said they have continued to work with City staff and City traffic to come up with some solutions. He showed Council the new design and noted, with this design, they have ceded the entire alleyway to the townhome owners. He spoke how they are going to put a fence dividing the project and the homeowners as well. He said there is a City Council Meeting Minutes/ Page 3 of 8 Pages total of 30 feet of concrete that is theirs to use. He showed Council a view of what the privacy fence will look like and added they will be painting the structure the same colors as the townhomes. He said they want to make this thing work and noted they are being generous. The following citizens spoke to Council in opposition of the Special Use Permit: William Bryce, Rick Williamson, Ross Hunter, Mari Dody, Bob Mullins, Richard Cutts, Rebecca Pfiester, Carolyn Britt, David Romine, Renee Hanson, Clark Lyda, John Reeder, Andrew Solin, Nancy Knight, Karen Lee Davis, Mandy Solin The following citizens spoke to Council in favor of the Special Use Permit: Kirk Kriegel, Michael Schwartz, Micah Anderson, Katie Ogden, Jim Kellum, Rene Banglesdorf 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/gtv/ Mayor asked and the City Attorney Bridget Chapman ruled on the votes needed today in order for the Council to approve the item. Hellmann asked and Chapman spoke about the Ethics issue that was brought up by some of the constituents. Chapman said Hellmann is not required to recuse himself in this instance and cited the sections of the local and state Ethics policies that supports that opinion. Hellmann said he is not received any economic or financial interest from this business. Gonzalez said he stated his comments before but noted he does not have any affiliation with the Hat Creek project. He said he seems like people are saying that most people are against this project and added, just because they do not come to the to the meeting does not mean they are opposed to a property. He said he hears a lot of positive things for this project from the public as well. He said this is not something that is completely unusual. He said he hears a lot about traffic but noted he has heard other traffic concerns for other projects in the area. He noted there is a lack of consistency of concerns between one project and another project. He said the drive thrus are an indication of the development in the area and said they have not hurt the downtown. He noted there have been a lot of accusations made about people's ethics and noted he has seen some very nasty emails telling Council what they have to do. He noted that is very mean spirited. He said you elect your folks but noted you don't have to be insulting and threatening. He said he thinks Hat Creek is a great project and added he commends Kiltz for all that he has done and the flexibility he has shown. He said Austin Avenue is a main thoroughfare in Georgetown. He said, while he understands homeowners' concerns, there is a greater good that is being served. Jonrowe said that John and Drew have a wonderful company and added it would be a great addition to Georgetown. She thanked them for doing what they have done with the plan to be more accommodating to the concerns. She said she is still opposed to the drive thru and noted any project that goes in there is going to have an impact on traffic. She said she does have, however, some environmental issues with idling cars in the drive thru. She spoke about pedestrian access off of Austin Avenue. Jonrowe asked and Kiltz spoke about the pedestrian access to the property in the plan as it currently stands. Hammerlun thanked the City staff for all of their expertise and hard work. He noted staff has recommended approval of this and noted he is convinced they are experts on this. He said he also has an issue with the access for pedestrians. He said he has taken the opportunity to review the entire package that will go to HARC on Thursday and added he suggests anyone interested should review the package as submitted to the HARC agenda. He noted that was helpful to him. He thanked the applicant for the work they have done to deal with some of the issues with respect to the alley. He said he thinks the plan is better in that regard. He said he has been a customer of Hat Creek in Westlake and, if he was a homeowner, his concern would not be the drive thru but the noise from the kids. He said it is a significant family friendly place. He said he too has concerns with the traffic, particularly at 4th Street. He spoke about traffic on Austin Avenue is something that we as a community will need to deal with. He said he has spoke to his constituents and noted there are people on both sides of the issue. He noted he has the ultimate responsibility tonight to make a decision and provide a vote. He said the one thing he has been convinced of is that he thinks the drive thru use of this project is compatible. He said he would consider exploring the idea of a closing time for the drive thru as well as the amount of traffic served through the drive thru. Sattler thanked everyone for coming and said he listened intently to what everyone said. He thanked Wyler and Kreger for the work they have done. He complimented staff and noted staff does not overlook these things. He complimented the Hat Creek Burger developers as well. He noted his constituents are overwhelmingly in support of this project. Meigs defended the other Council members regarding the ethics accusations made at the meeting and said his issue with this project is overturning the Planning and Zoning Commission votes. Hellmann said it is very apparent where he stands from last time and he said he has a verified legal right to have that opinion. He said he takes exception to the fact that there were accusations made. He addressed the complaint regarding an illegal campaign contribution and why that is not the case. He cited a section from the Texas Ethics Commission upholding the argument. He said he thinks this is a good project and noted he does not think this goes against the downtown master plan. He noted he thinks this enhances the master plan and bridges the gap on the undeveloped lot. He said he does not think this creates an environment that is more negative than any of the other permitted uses for the site. Eason thanked everyone for coming out. She said the Council is making decisions about people's City Council Meeting Minutes/ Page 4 of 8 Pages property rights tonight. She said she understands the emotion and noted she has not seen such a well organized effort in her nine years on Council. She said she can only speak highly of the effort of the property owners to preserve their rights. She said she is going to vote against the drive thru. She said the drive thru is the only and only issue that is causing so much opposition. She thanked Ms. Britt, Ms Knight and Dr. Romine for their words at the meeting tonight. She said staff is not making any of the final decisions and noted they are just telling Council the facts of the matter and asked the Council to make the final decision. She said, if the development must have a drive thru, it would be better if they moved to a different location. Motion by Gonzalez, second by Hellmann to approve the Ordinance on second reading. Motion by Jonrowe, second by Hammerlun to amend the motion to restrict the special use permit so that the business drive thru can operate no later than 9pm and that no more than 50% of the business be from the drive thru.Eason said she does not see how the drive thru can be limited to 50% of the business. Meigs said he can not approve trying to limit the percentage of business being done at the drive thru. Jonrowe said it is usually a simple function to determine which business is done in which fashion. She does not think this is a difficult thing to place on a business and added she sees this issue as being complaint driven. Sattler said he could support the 9pm shut down of the drive thru, but he does not want to limit someone's revenue source. Jonrowe said she thinks she is being generous with the 50% limitation and added the developer even said only 30% of their income is derived from the drive thru. There was much discussion regarding this regulation. Vote on the amendment: Approved 4-3 (Meigs, Eason, Sattler opposed) Vote on the original motion as amended: Approved 4-3 (Jonrowe, Eason, Meigs opposed) Meeting recessed at 8:50PM Meeting resumed at 9:00 PM H Public Hearing and First Reading of an Ordinance amending Chapter 9.13 of the Code of Ordinances relating to the Juvenile Curfew -- Wayne Nero, Police Chief and Bridget Chapman, Acting City Attorney (action required) Nero described the item and spoke about the sunset provision and how it has passed. He noted this Ordinance will renew the curfew. Public Hearing was opened a 9:01 PM No persons were present to speak. Public Hearing was closed at 9:01 PM Nero read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Gonzaelz, second by Jonrowe to approve the Ordinance on first reading. Approved 7-0 Public Hearing on a voluntary disannexation from the city limits of approximately 267.3 acres located along Leander Road, also known as Water Oak and Williamson County M.U.D. #25 -- Jordan J. Maddox, AICP, Principal Planner Maddox described the item and said, in December, Council approved two agreements with the Water Oak Development. He said those agreements paved the way for this development to be built outside of the City. He noted this is the first of two public hearings and no action is required. Public Hearing was opened at 9:03 PM No persons were present to speak. Public Hearing was closed at 9:03 PM J Public Hearing and First Reading of an Ordinance for a Rezoning from Residential Single -Family (RS) District, Agriculture (AG) District and Local Commercial (C-1) District to Planned Unit Development (PUD) with a base district of Local Commercial (C-1) District, for 4.23 acres in the C. Stubblefield Survey, including Lot 1 of Good Luck Subdivision, to be known as Wolf Ranch North, located from 1020 to 1100 West University Avenue -- Carla Benton, Planner II and Elizabeth Cook, Community Development, Acting Director (action required) City Council Meeting Minutes/ Page 5 of 8 Pages This item has been pulled from the agenda by the applicant. K Public Hearing and First Reading of an Ordinance for a Rezoning from Residential Single -Family (RS) District to Local Commercial (C-1) District for Quail Meadow, Unit 111, Block 10, Lot 5 (pt), located at 2501 Oak Lane -- Carla Benton, Planner II and Elizabeth Cook, Community Development, Acting Director (action required) Benton described the location of this property and said this is a request for a rezoning on a small strip of land. She described the zoning districts in this area. She said the area supports the retail conversion of the small piece of land into the retail property. She said the remainder of the lot facing Oak Lane will remain residential. She said staff is in support of this request as it will resolve a conflict between property owners. She described that conflict for the Council. Public Hearing was opened at 9:08 PM Speaker, Webster Mean, said he is the owner of the property and he also represents the development. He noted they are not changing the use of the property. He spoke about the confusion about the location of the property line and noted that issue was resolved. He said this is just a matter of housekeeping. Public Hearing was closed at 9:09 PM Benton read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Jonrowe, second by Hammerlun to approve the Ordinance on first reading. Approved 7-0 L Public Hearing to consider the proposed addition of approximately 32.59 acres of land (Section 6 of the Georgetown Village Planned Unit Development Subdivision) to the Georgetown Village Public Improvement District #1 -- Bridget Chapman, Acting City Attorney and Micki Rundell, Chief Financial Officer Chapman said this is a hearing to consider the addition of 32.59 acres into Georgetown Village. She said this is just the public hearing and the next item is the Resolution to actually add Section 6 to the PID. Public Hearing was opened 9:11 PM Speaker, Richard Nesbit, said he is the President of the Georgetown Village PID and noted he appreciates all of the hard work the City has done to bring Section 6 into the PID Public Hearing was closed at 9:12PM M Consideration and possible action to approve a Resolution making certain findings in connection with the addition of approximately 32.59 acres of land, consisting of Section 6 of the Georgetown Planned Unit Development, to the Georgetown Village Public Improvement District No. 1, related to the advisability of the improvements, the nature of the improvements the boundaries of the proposed District, the method of the assessment and the apportionment of cost between the district and the City as a whole -- Bridget Chapman, Acting City Attorney and Micki Rundell, Chief Financial Officer Chapman described the item and said this is a Resolution will add Section 6 of the Georgetown Village to the PID and noted the homeowners have petitioned to do this. She said the developer would normally add the property to the PID and, as homes are built, they are assessed in accordance with the agreement. She said,in this instance, because of financial issues Section 6 was never added. She noted the homeowners are petitioning to be added to the District. Motion by Meigs, second by Gonzalez to approve the Resolution. Hammerlun asked and Rundell said the 20 cents assessed per 100 valuation goes to a special revenue fund used by the PID for their property maintenance and upkeep of the amenities over and above city standards. She said the original $1,000 has never been collected because there was no way to do that. She said the assessment is done through the tax office. Vote on the motion: Approved 7-0 City Council Meeting Minutes/ Page 6 of 8 Pages N Consideration and possible action to approve the purchase of Panasonic Toughbook Computers and Related Mounting Equipment from Paradigm System Solutions (DIR Vendor) in the amount of $1673434 -- Mike Peters, Information Technology Director Peters described the item and said this is an annual review of the city's toughbook computers. He said all of the toughbooks are for the police department. He continued to describe the purchase for the department including the addition of five ruggedized computers for the police officers on motorcycles. Motion by Eason, second by Jonrowe to approve the purchase. Approved 7-0 O Consideration and possible action to accept a grant award of $127,526 from the Texas Department of Public Safety and Federal Emergency Management Agency to be used to develop a local mitigation action plan to assess natural hazards in the City -- Laurie Brewer, Deputy City Manager Brewer described the item and said this grant would be used for an engineering study to help staff develop a hazard mitigation plan. She described a hazard mitigation plan for the Council. She said the completed plan goes to FEMA for approval. There were many questions regarding the grant and the plan it will fund. Motion by Meigs, second by Jonrowe to accept the grant. Approved 7-0 P Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve Change Order No. 1 with DNT Construction, LLC, of Round Rock, Texas, for additional work required to connect Sam Houston Avenue with the Southeast Inner Loop west of Maple Street, in the amount of $526,186.39 -- Edward G. Polasek, AICP, Transportation Services Director and Bill Dryden, P.E., Transportation Engineer Polasek said this item is an extension of the current project to the west. He noted this project was not covered in the original scope and design. Motion by Eason, second by Meigs to approve the change order. Approved 7-0 Q Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a contract to Cholla Pavement Maintenance of Apache Junction, AZ for the rejuvenation and single course surface treatment portion of the 2012 Street and Drainage CIP in the amount of $878,430.88 -- Edward G. Polasek, AICP, Transportation Services Director and Mark Miller, Transportation Services Manager Miller described the item and said the project was publicly advertised and bid opening was on May 29. He said there are two processes involved for two different areas. He described the areas being affected by this project. He said this item was unanimously recommended for approval by the GTAB Board. Motion by Meigs, second by Gonzalez to approve the award of contract. Sattler asked and Miller described the actual product used in the street rehabilitation. He said they are waiting to do this until it is a little less hot outside. Approved 7-0 R Forwarded From the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order KPA-12-004 with Kasberg, Patrick & Associates, LP of Georgetown, Texas, for professional services related to the North Georgetown Addition Water Line Improvements in the amount of $131,815.00 -- David Munk, P.E., Utility Engineer and Glenn W. Dishong, Utility Director Munk described the item and described the area where the water line improvements will be taking place. He noted they are upgrading five inch lines to right inch lines for fire protection purposes. Motion by Meigs, second by Gonzalez to approve the task order. Approved 7-0 S Second Reading of an Ordinance amending City of Georgetown, Code of Ordinances Section 2.08.010 Administrative Divisions and Departments -- Micki Rundell, Chief Financial Officer (action required) City Council Meeting Minutes/ Page 7 of 8 Pages Rundell described the item and read only the caption of the Ordinance on second reading. Motion by Eason, second by Gonzalez to approve the Ordinance with the amendment that the Main Street Department move under the Downtown and Community Services Division. Approved 7-0 T Second Reading of an Ordinance amending Chapter 2.16 of the Code of Ordinances relating to Compensation and Expense Reimbursement for the Mayor and Councilmembers -- Bridget Chapman, Acting City Attorney (action required) Chapman described the item for Council and read only the caption of the Ordinance on second reading Motion by Jonrowe, second by Sattler to approve the Ordinance. Approved 7-0 City Council Meeting Minutes/ Page 8 of 8 Pages Meeting adjourned at 9:32 PM Adjournment The meeting was adjourned at 09:32 PM.