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HomeMy WebLinkAboutMIN 01.14.2014 CC-RNotice of Meeting of the Governing Body of the Maty of Georgetown, Texas Tuesday, January 14, 2014 The Georgetown City Council will meet on. Tuesday, January 14, 2014 at 6:00 PM at the Council Chambers at 101 E. 7°i St., Georgetown, Texas The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8`1' Street for additional information; TTY users route through Relay Texas at 711. Regular Session (This Regular session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order— Mayor called the meeting to order at 6:20PM Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports - Eason summarized the report from the Lone Star Rail District. City Manager Comments - MLK Jr. Holiday and Trask Pickup - May 10, 2014 General Election - Texas Public Pool Council 2013 Class 2 Agency of the Year Award - Presentation of the 2012 CAFR award from GFOA Action from Executive Session Motion by Gonzalez, second by Fought to approve a settlement agreement with Roger E. Caluette and Patricia A. Caluette in the amount of $433,500.00 for acquisition of property for the Southeast Arterial One Project and dismissal of Cause No. 10 -0104 -CCI pending in the County Court at Law No. 1 of Williamson County Texas. Approved 7-0 Public Wishing; to Address Council 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 - Mr. Pete Vera will address the Council concerning trash pick-up for yard clippings Mr. Vera was not present to speak. Skatmt8rvComment Agenda The Statutory Consent Agenda includes and routine that may heacted upon with one single vote. Anitem may hcpulled from the Consent Agenda in order that bbediscussed and acted upon individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on Tuesday, December 1O.2O13—Jessica 8rettl*.City Secretary DConsideration and possible action to approve uResolution authorizing an interlocal agreement between Texas A&M University and the City of Georgetown, Texas for the analysis of the impacts of requiring the addition of supplemental topsoil to bring total soil depth to 6 (six) inches at new residential building sites on the building and development community -- Kathy Ragsdale, Conservation Services Manager E Consideration and possible action to approve the appointment of Kevin Vietti, currently a Commissioner in Training mnthe Planning & Zoning Commission, to a Commissioner to fill the vacancy of Roland Pena -- Mayor George Garver F Consideration and possible action to approve the appointment of Porter Cochran as the Chair of the Planning & Zoning Commission to fill the Chair vacancy presented by the departure of Roland Pena -- Mayor George Garver G Forwarded from the Parks and Recreation Advisory Board: Consideration and possible action to approve a Task Order with Kasberg, Patrick & Associates, LP for services related to the San Gabriel River Bank Stabilization Project in the amount of $74,685 -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer, Assistant City Manager H Forwarded from the Parks and Recreation Advisory Board: Consideration and possible action to approve a Job Order Contract with T.F. Harper and Associates, LP for Renovations to River Ridge Pool in the amount of $297,985 -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer, Assistant City Manager | Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to authorize payment of Texas Department of Transportation ("TxDOT") invoice in the amount of $87,500.68 in connection with proposed amended/increased funding agreement for TxDOT Aviation Grant Project #1 214GRGTN -- Curtis Benkendorfer, Interim Airport Manager and Edward G. Po|auak.A/CP.Transportation Services Director Motion by Hammerlun, second by Fought to approve the consent agenda with the exception of Items D and 1, which were pulled to the Regular Agenda by Hesser and Hammedun, respectively. Approved 7-0 Legislative Regular Agenda O Consideration and possible action to approve a Resolution authorizing an interlocalagreement between Texas A&M University and the City of Georgetown, Texas for the analysis of the impacts of requiring the addition of supplemental topsoil to bring total soil depth to 6 (six) inches at new residential building sites on the building and development community at a cost not to exceed $9,000-- Kathy Ragsdale, Conservation Services Manager Hesmarpulled this item from the Consent Agenda. Hesser asked and Ragsdale spoke about how the soil depth is a huge problem west of the interstate. She said the soil depth is rarely more than two inches. She said the soil only holds a very small amount of water, not enough for plants to survive. She said the water also turns into run off. She noted this needs mitigations as a conservation effort. Hesser asked and Ragsdale spoke about how they can up with the $9,000 amount. Hesser said he tried to calculate what it would take to raise the soil on a house of a quarter of an acre and it would cost between $5,000-$7000 if it is required to have the full four inches. He said $9,000 is pocket change but he said he does not see why it is necessary to have a consultant come out when the City already knows this is an issue. Fought said hewould like buecho what Hemneriotalking about. Hesaid this iualmost eback ofthe envelope calculation. He noted this would add $5,000 to $7,000 to the cost of the home. Motion by Fought, second by Hesser to reject the Resolution. Briggs spoke about why it was decided that this needs to happen. Fought said he is all down for science but he does not think it should be the City's job to do this. Gonzalez said he would prefer to leave this to the individual home buyer. Jonrowe asked if this analysis will look at alternatives including issues such as native grasses and its relation to water savings. Ragsdale said that has been looked at in other parts of the Ordinance. Jonrowe said it seems we do need some more information so we can proceed in a fashion that is backed by science. Hesser said his point is he does not know the value of this purchase and why the $9,000 cost is necessary. Eason said we need to be educating people on what they need to do to work with the environment that they have and use plants properly for water conservation. She said she could support the study if she knew it was looking at that kind of information that would reinforce this cause. She said she is hearing that it is a way to transform the environment into something it is not. She said ultimately it is an issue of finance for everyone. She added we are supposed to be working toward a plan that is conserving more water. Briggs said the City was directed to go out and visit with the builders and get feedback from the builders so that they will have irrigatable turf. Briggs said this would help to market and sell homes in Georgetown. He added there needs to be some level of standard there. There was much discussion. Fought said it is more about educating the public. Briggs said staff can pull this and come back to get further direction from Council on this issue. Fought withdrew his motion. No action was taken. I Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to authorize payment of Texas Department of Transportation ("TxDOT") invoice in the amount of $87,500.68 in connection with proposed amended/increased funding agreement for TxDOT Aviation Grant Project #1214GRGTN -- Curtis Benkendorfer, Interim Airport Manager and Edward G. Polasek, AICP, Transportation Services Director Hammerlun pulled this item from the Consent Agenda. Speaker, Hugh Carlton Norris Jr., spoke as a member of a group of concerned citizens to deliver a letter requesting to pull this item for further discussion. He spoke about why the City Council should not be approving this item. He referenced the Airport Capital Improvement Plan and the Airport Study and how it has never been vetted by the public. He continued to speak about the importance of making changes to the airport a public process. Hammerlun said he appreciates this and noted he really wanted the staff to give the Council detailed information on what this specifically involves and what the issues are. Polasek said this item is concerning improvements at the end of Runway 29.He noted the FAA has requested, as part of its compliance review, that the City completes the runway clear zone. He added these are not runway expansions or expansion of the airport. He said we are being requested to clear the property of trees and growth and buildings to have proper clear zones at the end of our runways. Polasek said this is much as what we did on Runway 36. Benkendorfer provided a summary of the cost of these improvements and the invoices that have been received on this project. Gonzalez asked and Benkendorfer said this project is mandated by the FAA. He asked that Brandenburg give an updated regarding the public education plan. Brandenburg said, over the next week or two, there will be more information sent out to the public. Hammerlun asked that Brandenburg convey what will not be happening at the airport. Brandenburg said runways are not planned to be extended. Brainard asked and Polasek explained why the cost has gone up so much from last year. Motion by Hesser, second by Brainard to approve. Jonrowe thanked the folks that came to the GTAB meeting. She said a lot of the community has concerns about what is going to happen at the airport and noted that is a discussion that needs to happen. She said there is some interest about the airport's ultimate future but it is something that needs to start at GTAB. She said nothing happens fast in government and the city has not even started discussing any of this. She noted, even if there was a radical shift in the airport's future, it would occur over a very long public process. Vote on the motion: Approved 7-0 J Overview of The Summit at Rivery Park Development Project — Bridget Chapman, City Attorney Chapman described the item and she reviewed this project for the Council. She said tonight they will be presenting three items for Council consideration and she described those items for the Council. K Consideration and possible action to approve the Second Amended Tax Increment Financing Agreement between the City and Williamson County concerning the City of Georgetown Rivery Park Tax Increment RainveetnentZonm—BridgetChopman.ChyAttomay Chapman described the item and summarized the high points of what is included in this agreement. Motion byFought, second byGonzalez hoapprove the agreement. Gonzalez congratulated everyone who worked on this project over the past few years. Jonrowe asked and Rundell said staff is waiting for the final numbers before everything will be placed on the City website. Vote onthe motion: Approved 7'O L Consideration and possible action to approve a Master Development Agreement in the estimated amount of $8.0 million by and between the City, Novak Brothers, LLC and Hines Georgetown Hotel, LLC for construction of a public parking garage, public park improvements in Rivery Park, and other public infrastructure and/or transportation improvements for The Summit at Rivery Park Development Project -- Bridget Chapman, City Attorney Chapman reviewed the item and summarized the agreement for the Council. Motion byFought, second byGonzalez toapprove. Approved 7-D M Consideration and possible action to approve a Joint Use, Access and Lease Agreement by and between the City and Hines Georgetown Hotel, LLC concerning the use, operation and maintenance of the public parking garage and conference center for The Summit at Rivery Park Development Project -- Bridget Chapman, City Attorney Chapman described the item for the City Council. Motion byGonzalez, second byHesser toapprove. Approved 7-0 N Public Hearing and First Reading of an Ordinance for a Special Use Permit to allow an automotive use in a General Commercial (C-3) District for Dennis P. McCoy Subdivision, dba Mac Haik Dodge, located at 5255 IH 35 and 107 Fox Drive -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin said the applicant has requested a special use permit to expand and rehabilitate the NYau Haik Dodge dealership. He need only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened et7:2SP/N Nopersons were present hospeak. Public Hearing was closed ed7:2APy0 Motion byFought, second byHeoaertnapprove. Approved 7-0 O Public Hearing and First Reading of an Ordinance for a Rezoning of Lot B of the Replat of Lot 28 of Chaparro, Estates Subdivision, from Agriculture (AG) District to Residential Single-family (RS) District, located at 225 Sedro Trail -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements ofthe City Charter. Public Hearing was opened at7:31P[N Nopersons were present tospeak. Public Hearing was closed a87:31PM Motion byHammodun.second byJonnowotoapprove. Approved 7-U P Public Hearing and First Reading of an Ordinance for a Rezoning of Chapriel Place, Lot I -A, locatedat488M Williams Drive, from the Office (0F)District tothe Local Commercial (O4)District — Mike Baburger.Senior Planner and Andrew Spurgin, AiCP.Planning Director (action required) Spurgin described the dem and mad only the caption of the Ordinance on first reading after having satisfied the requirements nfthe City Charter. Public Hearing was opened od7:32PYN Nopersons were present hnspeak. Public Hearing was closed ut7:32PN1 Motion byGonzalez, second byHooanrbuapprove. Hauaeroakod and Spurgin said the proposed use has not been decided yet. Brainard asked and Spurgin briefly described the difference between office zoning and local commercial district zoning. The applicant stepped in and said they are proposing an assisted living facility. Vote on the motion: Approved 7-0 O Public Hearing and First Reading of an Ordinance for aRezoning of Chapriel Place, Lot 2-Aand 3-A, located at4877& 4871Williams Drive, from the Office (OF) District tothe Local Commercial (C-1)District —Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements ofthe City Charter. Public Hearing was opened at7:37PK4 Nopersons were present buspeak. Public Hearing was closed at7:37P/N Motion byGonzalez, second byHommedunhuapprove. Approved 7-0 R Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, ifnecessary, for acquisition ofreal property (LaubmuhTrust and 4300 |H-35. Ltd.)hneffectuate certain public road and utility infrastructure improvements inconnection with the Southwest Bypass Road Project -- Bridget Chapman, City Attorney and Terri Calhoun, Real Estate Services Coordinator Chapman described the item and said we are in the process of acquiring right of was Motion by Gonzalez, second by Brainard that the City of Georgetown Authorize the use of the power of eminent domain to acquire in fee simple the 20.942 acre property described in Agenda Item R for the public purpose of construction and improving public roadway and drainage. Record dote: Gonzalez —Yes Jonnowe—Yeo Hommedun-Yen Fought - Yen Hosoer-Yws Brainard —Yes Eason —Yes Approved 7-0 S Consideration and possible action to approve oResolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for acquisition of real property tam toeffectuate certain public road and utility infrastructure improvements |nconnection with the Southwest Bypass Road Project -- Bridget Chapman, City Attorney, Terri Calhoun, Real Estate Services Coordinator Chapman described the item and said this innecessary toacquire. Motion by Gonzalez, second by Hammerlun that the City of Georgetown authorize the use of the power of eminent domain to acquire in fee simple the 4.614 acres property designated as Parcel 4 and the 0.558 acre property designated as Parcel 5, described in Agenda Item S for the public purpose of construction and improving public roadway and drainage improvements. Record Vote: Gonzalez —Yes Jonrowa—Yas Hemmodun—Yeo Fought -Yes Heaaor-Yon Brainard —Yes Eason —Yes Approved 7-0 T Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve Task Order KPA-14-001 with Kasberg, Patrick & Associates, LP of Georgetown, Texas, for professional services related to Edwards Aquifer Recharge Zone Rehabilitation 2U13-2U14inthe amount of$155^648.00—Wesley Wright, P.E..Systems Engineering Director and Michael Hallmark, Project Manager Wright said most if not allofthe City's the Edwards Aquifer recharge zone. He noted, as a result of that, the City is held to strict standards in maintaining the system. He said there is a crew that goes around and investigates the sewer system. He noted the data that is compiled by that crew is provided to a consulting engineer at the end of each year. He said they then bid out for all necessary repairs. He said this task order is related to those improvements. He said the price has increased this year because of the location of this Motion byGonzalez, second byEason hoapprove. Approved 7' U First Reading ofanOrdinance amending the 2012/13 Annual Budget due to conditions that resulted in year-end budget variances and the 2013114 Annual Budget due to conditions that resulted innew program requirements inthe current year, and excess fund balance at the end of fiscal year 2012113 due to the timing ofcapital projects andother appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith -- Susan Morgan, Finance Director (action required) Morgan said this item cleans up the remnants of the prior years budget items. She said there are three pieces to this: the first to clean up the budget from the last year, the secondis related to the timing differences for capital projects and the third is new items that were not anticipated including two airport items. She said the last item in the purchase ofthe electric substations. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion byJomowe.second byBrainard to approve the Ordinance. Brainard asked and Morgan confirmed Qhis is required bythe City Charter. Approved 7-0 V Second Reading ofanOrdinance zoning for traffic and rate ofspeed therein, mnAustin Avenue in the City Limits ofthe City of Georgetown between Leander Road (RM 2243)/R014GOand Williams Drive (SS i5B) defining speeding and fixing a penalty therefore declaring what may be a sufficient complaint in prosecutions hereunder with a saving clause repealing conflicting laws and establishing an effective date — Edward G. Polasek, AICP, Transportation Services Director and Bill Dryden, P.E., Transportation Engineer (action required) Dryden described the item and read the caption of the Ordinance on second reading. Motion by Gonzalez, second by Hammerlun to approve. Approved 5-2 (Jonrowe, Eason opposed) W Second Reading of an Ordinance amending section 10.16.030 of the Code of Ordinances of the City of Georgetown establishing a "No parking in row except by permit — Tow -Away Zone" along both sides of DB Wood Road within the US Army Corps of Engineers property from the north line of the property (at HEB) southward to the North San Gabriel River; directing the Traffic Engineer to erect appropriate signs indicating such zones; repealing conflicting ordinances and resolutions, providing a severability clause, providing for publication and setting an effective date -- Edward G. Polasek, AICP, Transportation Services Director, Bill Dryden, P.E., Transportation Engineer and Roland Waits, Captain, Patrol Division (action required) Dryden described the item and read the caption of the Ordinance on second reading. Motion by Hammerlun, second by Gonzalez to approve. Jonrowe asked and Dryden spoke about the difference between a "No Parking in ROW' sign and "No Parking" sign. She wondered if the ROW signs are less effective. Vote on the motion: Approved 7-0 X Second Reading of an Ordinance renaming the current Stadium Drive to Chamber Way, and a portion of CR 151 to Stadium Drive from Austin Avenue to CR 152 repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date — Edward G. Polasek, AICP, Transportation Services Director, and Jess Henderson, Lead Business Systems Analyst (action required) Polasek described the item and read the caption of the Ordinance on second reading. Motion by Jonrowe, second by Hesser to approve. Approved 7-0 Xeeut �7e SCSsion In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session. Y Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - Consideration of settlement of Cause No. 10 -0104 -CCI pending in the County Court At Law No. 1 of Williamson County Texas with Roger E. Caluette and Patricia A. Caluette for acquisition of property for the Southeast Arterial One Project. — Terri Glasby Calhoun, Real Estate Services Coordinator - Litigation Update: Hoskins v. City, at al - Litigation Update: Longhorn Junction, et al v. Gamer - Litigation Update: Georgetown Jet Bankruptcy - Discussion concerning the Asset Transfer Agreement between the City and the Chisholm Trail Special Utility District — Jim Briggs, General Manager of Utilities and Bridget Chapman, City Attorney Adjournment — Meetingwas adjourned at 7:57PM Certificate of Posting 1, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8rh Street, a place readily accessible to the general public at all times, on the day of , 2014, at , and remained so posted for at least 72 hours preceding the scheduled time of said meeting. Jessica Brettle, City Secretary A Appr'oved: MaywoeorgeGa-rv'e'r .,A 6 -�e�": City Secr&a—ry STATEMENT TO CITY COUNCIL CITY COUNCIL MEETING TUESDAY, JANUARY 14, 2014 Mr. Mayor, members of the City Council, Mr. City Manager, members of the city staff and ladies and gentlemen. My name is Hugh Carlton Norris, Jr. My wife, Nancy, and I have lived for the past 15 years at 4400 Luna Trail in Serenada Estates. I come here tonight as a representative of a group of an ever growing number of concerned citizens to deliver a letter with attachments to our city council requesting you to pull agenda item "I" from the agenda for further discussions and consideration. The letter also requests that item "I" which is an invoice from the Aviation Division of the Texas Department of Transportation (or TxDOT Aviation) in the amount of $87,500 to cover the city's increased cost share for the doubling of estimated costs for land acquisition including condemnation relative to runway 11/29 at the Georgetown Municipal Airport from its original estimate of over $400,000 to a new estimate of over $900,000 be held in abeyance along with all other components of the 20 year airport capital improvements plan program pending outcome of a public participation process concluding with a citizen consensus on the program. The 20 year airport capital improvements program as described in the 2005 Master Plan Update by GRW Willis, Inc. and the August 2013 Georgetown Municipal Airport Business Case Analysis by CH2MHill Engineers has never been vetted by the general public for acceptance. The reason is that it is not a bond program. It's cost is split by 10% local city share and 90% federal funds as sourced through the Federal Aviation Administration (FAA) as managed and executed by TxDOT Aviation. If the airport program were a bond program such a new school, school improvements, new library, public park, new bridge or roadway or any other public bond funded improvement it would be exposed to numerous reviews in publications, interviews between opponents and proponents, yard and roadway signs and finally a public election to determine public approval or denial. The portion of the airport's current 20 year improvement program included in the current TxDOT Aviation 2014/2015 capital improvements program has had no public exposure, review, or acceptance. The airport has been the property of the citizens of this city for over 70 years and its current 20 year plan will have more of a permanent and profound impact on the future long term safety and environmental status of this city than any other capital improvements program of this generation. A properly vetted program would determine whether the program is acceptable or whether alternatives including possible relocation of the airport are preferred by the airport's citizen owners. This group of concerned citizens I mentioned strongly supports a viable municipal airport for our community and its economy both for private, recreation and business needs. But our city and county are rapidly growing. A child born today who lives to my age will see a completely different city when he or she becomes my age. By then Georgetown may be the size of Akron, Ohio. Because of increasing use of aviation services by business it is probable that aviation services will will grow at a faster rate than the population growth curve for the general population. If we consider no changes to the airport our future city will have a surging 640 acre aviation industrial complex existing in its geographic heart. It is highly questionable that such a future is the highest and best use for the citizen owned 640 acres currently occupied by the airport. We have no problem with Tx.DOT Aviation which ranks our airport as a highly ranked Reliever Airport and has responded to requests from the city as an official sponsor requesting its authorized financial assistance. Regardless of the outcome of a citizen consensus on the airport program we encourage coordination, respect and compliance with that agency and its FAA oversight. Our city will need their continued assistance. Regarding the requested public participation process, it is requested it be conducted in full compliance with applicable National Environmental Policy Act (NEPA) and FAA rules and regulations. For that reason it should not be a burden other than oversight placed on the city staff already fully loaded with assigned tasks. Rather, it should be performed by a contracted consulting firm with demonstrated expertise in planning, conduct and completion to public consensus status of federal funded projects having long term public impacts. Toward that end, we have attached to our reference letter several attachments which will serve as requested guidance. Thank you one and all for providing an opportunity for this presentation.