Loading...
HomeMy WebLinkAboutMIN 10.22.2013 CC-RMinutes ofthe Meeting ofthe Governing Body Octoberof the City of Georgetown, Texas The 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, John Hesser, Steve Fought, Jerry Tommy Gonzalez Hammerlun, Rachael Jonrowe Staff Present: Bridget Chapman, City Attorney; Jessica Brettle, City Secretary; Micki Rundell, Chief Financial Officer; Laurie Brewer, Assistant City Manager; Jim Briggs, General Manager of Utilities; Glenn Dishong, Utility Director; Andrew Spurgin, Planning Director; Skye Masson, Assistant City Attorney; Eric Lashley, Library Director; Mark Miller, Transportation Services Manager; Edward Polasek, Transportation Services Director; Curtis Benkendorfer, Acting Airport Manager; Chris Foster, Utilities Financial Analyst; Regular Session - To begin no earlier than 06:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) A Call to Order -- Mayor called the meeting to order at 6:37PM Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Proclamation for Small Business Saturday November 30, 2013 City Council Regional Board Reports City Manager Comments - 19th Annual Halloween Hayride and Carnival - 2013 Art in the Square - Grand Opening of Georgetown Art Center on Saturday, 10/26/13 at 11:00 am - Georgetown Airfest Action from Executive Session There was no action out of Executive Session. 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. City Council Meeting Minutes/ Page 26 of 351 Pages On a subiect not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - General Chuck Graham presenting an invitation to the City Council Members to attend the Veteran's Day activities on Monday, November 11, 2013 General Graham spoke to the Council and invited them and the general public to the Veteran's Day ceremony at the Sun City Memorial at 11:OOAM. He said the Eastview High School band, chorus and orchestra will be participating in the event this year. 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, October 8, 2013 -- Jessica Brettle, City Secretary D Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve the purchase of ElectSolve software for AMI Meter Data Management (MDM) interface with Milsoft Outage Management in the amount of $50,000.00 -- Jimmy Sikes, T&D Services Manager and Glenn W. Dishong, Utility Director E Consideration and possible action to approve a Resolution approving the City of Leander, Texas as a member of the Williamson County and Cities Health District -- Paul E. Brandenburg, City Manager Motion by Fought, second by Hammerlun to approve the consent agenda in its entirety. Approved 5-0 (Gonzalez absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: F Consideration and possible action to approve a Resolution supporting the proposed roadway and park projects included in Williamson County's current bond initiative -- Paul E. Brandenburg, City Manager and Bob Daigh, Williamson County Infrastructure Director Chapman said this item will be for information gathering only for the Council member's constituents. She said Council will not be taking official action because to do so would be an advocation of a bond initiative, which is prohibited by state law. Briggs described the item and said this is information related to the proposed roadway and parks projects included in Williamson County's current bond initiative. He introduced Bob Daigh, the Williamson County Infrastructure Director, who shared information and highlights of the bond initiative. Jonrowe said she wanted to go back to the issue of the tax impact and said the County has been saying it should not raise the property taxes. Daigh said he is not the financial wizard for the County. He is the transportation guy. He said fiscal questions should be addressed by the auditor for Williamson County. He said he can say that the County's financial advisor testified that they believe the bond amount should be able to be handled by the County without an increase in the tax rate. She asked how many projects that were approved in the last bond issue have been completed. Daigh said 100% have been completed. Jonrowe asked and Daigh said the projects listed contain about $60 million per precinct and another $35 million that is general. He said the County has some environmental issues that they may face with respect to the salamanders. He spoke about some of the other challenges they are facing. He said it has been their experience to have some dollars to address some unplanned needs that arise.Jonrowe asked about the backgrounds of the citizen members of the board. He said he would be happy to obtain bios of the members and provide them to the Council. Jonrowe asked if any of the projects are geared toward non -driving transportation, like cycling. Daigh said yes in the broader context. He said the county working with the cities have supported the concept of trying to increase the bicycle ridership and try to develop a way citizens can get from their homes to their place of employment safely. He said his observation is, by only having wide outside lanes for bicycles, a person can be pretty nervous about riding in those type of lanes. There was much discussion about this. Jonrowe asked what would happen if this bond proposal would not pass. Daigh said the only way the County builds new construction is through bonding. He said there would not be a single new project moving forward if they do not pass. Jonrowe asked and Daigh City Council Meeting Minutes/ Page 27 of 351 Pages said they view the County as partners with the City staffs to try to meet the challenges of today and prepare to meet the challenges of tomorrow. He said the growth has been so rapid that the planning is behind. He continued to described the County's planning process for their transportation and parks projects. Hammerlun said there were a set of projects specifically included on the ballot and a group that is recommended by not specifically identified. He asked about the difference between these. Daigh said this does not mean one project is being prioritized over others. Hammerlun asked about timeline documents. Daigh said these projects will move as fast as possible. He said they are all in different stages of development and construction. Hammerlun asked and Daigh said there are certainly fiscal partnerships with cities on these type of projects. Eason said Daigh has a challenge to educate folks in Georgetown. She asked how the County is educating the citizens of Georgetown to vote for projects that are not in Georgetown. Daigh said Georgetown has a long term project that the City has been working on for a long time, which is the Inner Loop. He spoke about how all of the projects in the county are connected and affect one another. There was much discussion. G Public Hearing for the Voluntary Annexation into the city limits of 37.88 acres in the Roberts, Lewis and Lord Surveys, located off of Shell Road near Georgetown Village -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Spurgin described the item and the land involved in the voluntary annexation. He said this is the second public hearing and no action is required. Public Hearing was opened at 7:23PM No persons were present to speak. Public Hearing was closed at 7:23PM No action was taken. H Public Hearing for the Voluntary Annexation into the city limits of 7.74 acres in the Porter Survey, located at Northwest Boulevard and River Bend -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Spurgin described the item and the land involved in the voluntary annexation. He said this is the second public hearing and no action is required. Public Hearing was opened at 7:24PM No persons were present to speak. Public Hearing was closed at 7:24PM No action was taken. I Public Hearing for the Disannexation from the city limits of 28.9 acres in the Mott Survey at Westinghouse Road and the former MoKan right-of-way, for the Avery North development in Round Rock -- Jordan Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Spurgin described the item and the land involved in the disannexation. He said this is the second public hearing and no action is required. Public Hearing was opened at 7:27PM No persons were present to speak. Public Hearing was closed at 7:27PM No action was taken. J Public Hearing and First Reading of an Ordinance for a Special Use Permit for Hewlett Subdivision, Section 1, Block A, Lot 1, dba Hewlett Chevrolet, to allow an automotive use in a C-3 Zoning District, located at 7601 South IH -35 -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) City Council Meeting Minutes/ Page 28 of 351 Pages Spurgin said this is a Special Use Permit being triggered by a desired expansion of the Hewlett Chevrolet dealership. He said Planning and Zoning and staff recommend approval. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:29PM No persons were present to speak. Public Hearing was closed at 7:29PM Motion by Hammerlun, second by Fought to approve the Ordinance. Approved 5-0 (Gonzalez absent) K Public Hearing and First Reading of an Ordinance for a Rezoning of San Gabriel Estates, Block 1, Lot 4 and Lot 5, located between Western Trail and Wagon Wheel Trail on the south side of Williams Drive, from the Agriculture (AG) District to the Local Commercial (C-1) District — Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said the rezoning is for existing platted lots and the purpose is to establish the Autumn Leaves Assisted Living and Memory Care facility. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:30PM No persons were present to speak. Public Hearing was closed at 7:30PM Motion by Hammerlun, second by Eason to approve the Ordinance. Approved 5-0 (Gonzalez absent) L Public Hearing and First Reading of an Ordinance for Rezoning of 1.249 acres out of the Joseph P. Pulsifer Survey, Abstract No. 498 and the Clement Stubblefield Survey, Abstract No. 558, from the Agriculture (AG) and Residential Single-family (RS) zoning districts to the Local Commercial (C-1) zoning district, located at 1301 West University Drive -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said the C-1 district allows a variety of retail and offices uses and noted the applicant's stated intention is to develop an automated car wash at that location. He said the Planning and Zoning Commission and staff recommend approval. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:33PM No persons were present to speak. Public Hearing was closed at 7:33PM Mayor said there seems to be a concern over a car wash appearing at that location given the planning that has occurred in the past regarding the area. He asked if that was discussed by Planning and Zoning or staff. Spurgin said staff tends to view the request in terms of the district type and not an intended use. He said staff is supportive of the C-1 zoning at this location but not he shares some concern over the appropriateness of a car wash. Spurgin said they do not have a lot of tools in the Unified Development Code to limit certain types of uses. Mayor asked and Spurgin said Council is able to make any decision they deem appropriate based on the information being provided. There were many questions regarding this request. Eason asked and Spurgin said the only way to navigate what will be going on that property is for the applicant to amend their application as a PUD. Motion by Eason to ask that the applicant go back and look into making this a Planned Unit Development (PUD). Motion dies for lack of second. Fought said the Council should not be changing the rules at the last minute. He said he does not like the idea of City Council Meeting Minutes/ Page 29 of 351 Pages a car wash but thinks the Council should vote yes or no under the current rules. He said, apart from voting on this motion, Council should send it back to staff so they can look at the agreements and set something up that says there is no car wash. Motion by Hesser, second by Fought to approve the Ordinance. Eason asked and Briggs spoke about the history of the Wolf Ranch project and how that relates to this request. She said the City put a lot of time and money to ensure that there is thoughtful development in that area. Briggs said this property is the first one that is outside of the current Wolf Ranch PUD, which would have limited what type of development could go on to that property. Fought said it seems to him the way to get through this is to vote down the C-1 zoning. Briggs said that may be appropriate if the Council would like to maintain some consistency along that corridor. Vote on the motion: 1-4 (Eason, Fought, Hammerlun, Jonrowe opposed) (Gonzalez absent) Motion by Fought, second by Eason to direct the staff to go back and extend the operational and restrictive provisions of the PUD to an appropriate point further down 29. He said this would be to incorporate this property in the PUD consistent with this application. Spurgin said and Fought agreed as long as the applicant is amenable to that. Chapman said the applicant will have to apply for a PUD. Eason said the motion sends a message to the applicant about why the Council denied the request. Chapman said the issue is the staff can not impose this on the applicant unless the applicant agrees. Fought said they are also asking that those zoning and restrictions be extended down that road. Spurgin said a rezoning is an applicant driven request. Vote on the motion: Approved 5-0 (Gonzalez absent) M Public Hearing and First Reading of an Ordinance establishing the Unified Development Code Advisory Committee -- Andrew Spurgin, AICP, Planning Director and Skye Masson, Assistant City Attorney (action required) Spurgin described the history of this item for Council. He said Council tasked staff with creating a new process that would result in less frequent code changes, a Council appointed committee, which include technical members/experts and more involvement of the Planning and Zonign Commission. He said another issue would be to maintain public participation and limit the number of out of cycle amendments. He said the proposal being given to Council tonight is to establish a seven or nine member Unified Development Code Advisory Committee. He provided Council with two membership options for both a seven or nine member board. He showed Council a flow chat showing how the two type of amendment processes, executive and general, would work. He reviewed the overall steps in proposed processes. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing opened at 7:59PM Speaker, Alex Hayes asked how the committee would add value above and beyond what the UDC currently states. Spurgin said the UDC is the city's zoning and subdivision Ordinance. He said this would be the committee that would consider those code changes before it got to Council. Hayes spoke about how some of the current Boards and Commissions already have the authority to discuss UDC amendments. She questioned why creating an entirely new committee would add value to the process. Public Hearing closed at 8:06PM Fought said, of the options, he likes the 7 member board. He made some suggestions on the membership and said there should be two members at large, two members from Planning and Zoning, two from the active development industry and one member from the Chamber of Commerce. He said he would like to see words in the Ordinance such as technical professionals from the Georgetown development community. He said he does not see the need for HARC members and he explained his reasoning behind this. Hesser said he thinks there needs to be a developer and/or homebuilder that could represent those industries. Eason said she is seeing a real dilution of the average citizen and the City needs to be careful that it does not have the foxes guarding the hen house. She said she has a concern with cutting the membership down and cutting folks out. She said she would prefer to go with the 9 member board. She spoke about why she thinks there should be a HARC member on the committee. She said the challenge she is having is why they have several members from P&Z when they City Council Meeting Minutes/ Page 30 of 351 Pages are going to be involved in the whole process down the road. She continued to explain why P&Z members on the committee would be a redundancy. She said the Council should just vote on the size of the committee tonight and think more about the makeup of the committee prior to second reading. Hammerlun said he is is strongly in favor of the need for this to happen. He added he is also in favor of a 7 member committee, two P&Z members needing to participate, at least 2 people from the industry as well as a Chamber member. He said one of his concerns is if we have polled the current P&Z members that would be willing to give us the time to participate in the committee. He said we should consider both current and past P&Z participation. Mayor expressed his opinion as to why P&Z members may not need to be on this committee. Jonrowe said the City should not get too detailed about the technical experts. She asked and staff confirmed this would go through the normal Boards and Commissions process. She noted there needs to be enough flexibility there depending on the needs of the community. She said she does not know enough to say whether or not a HARC member should be involved. Mayor spoke about how adding too many qualifications makes it difficult to find applicants to fill those spots. Chapman said it is a recommendation and specific exceptions can be made. She also spoke about a member being on two Boards and how it is permitted as long as it is in the Ordinances or Bylaws. Motion by Fought, second by Eason to approve Option 1 for a seven member Board and to direct the staff and the City Attorney to come back at the next meeting with options for specific parameters for each position. Approved 5-0 (Gonzalez absent) N Consideration and possible action to approve a Resolution by the City of Georgetown, Texas ("city"), adopting rate schedule "RRM — Rate Review Mechanism" for Atmos Energy Corporation, Mid -Tex Division to be in force in the City for a period of time as specified in the rate schedule, adopting a savings clause and determining that this Resolution was passed in accordance with the requirements of the Texas Open Meetings Act, declaring an effective date, making other findings and provisions related to the subject and requiring delivery of this Resolution to the Company -- Jim Briggs, General Manager of Utilities Briggs described the item and spoke about how the City is a member of ATMOS and the ATM cities and has been for quite some time. He spoke about their most recent rate increase request. He said ATMOS has a right to appeal the City's decision if the City chooses to deny the request. He said staff recommends the City approve the rates via the Resolution provided. He outlined the important sections of the Resolution. He read the caption of the Resolution. Motion by Fought, second by Eason to approve. Approved 5-0 (Gonzalez absent) O Consideration and possible action authorizing library staff to purchase books from Ingram, Inc. in a total amount not to exceed $110,000 for fiscal year 2013-14 -- Eric Lashley, Library Director and Laurie Brewer, Assistant City Manager Lashley described the item for Council. Motion by Jonrowe, second by Eason to approve. Approved 5-0 (Gonzalez absent) P Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve the annual purchase of Reclaimed Asphalt Pavement (RAP) Hot & Cold Mix asphalt from APAC-Texas, Inc. under an existing State contract on an as needed basis in the estimated amount of $209,000.00 -- Mark Miller, Transportation Services Manager and Edward G. Polasek, AICP, Transportation Services Director Miller said every year staff has brought council an asphalt contract which they have taken out for bids. He said it is very hard to get virgin asphalt and noted because the state dictates the asphalt being made. He noted they now mix in reclaimed asphalt with the virgin asphalt. He said the City is comfortable buying it out of the state bid as the City will know exactly what it is getting from the product. Motion by Jonrowe, second by Hesser to approve. Approved 5-0 (Gonzalez absent) Q Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve an Advance Funding Agreement (AFA) Amendment #1 with the TxDOT for FM 1460 from Quail Valley Drive to North of University Blvd to provide funding for the construction of remaining two segments of FM 1460(CSJ 2211-02-017 & 221-02-026) -- Edward G. Polasek, AICP, Transportation Services Director Polasek described the item and said, with this agreement, the City is providing the funding process for the entire City Council Meeting Minutes/ Page 31 of 351 Pages 1460 project. He said it is necessary for the City to receive the $4.5 million from Williamson County and puts us in charge of the administration of the TXDOT money for the project. He said the agreement maintains the flexible payment schedule and added this is adding $3.4 million to the total bill which is still in budget. Motion by Eason, second by Hesser to approve. Approved 5-0 (Gonzalez absent) R Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action regarding a request from R.A. General Services, LLC d/b/a Longhorn Jet Center to approve a sublease with Shepherd Aviation -- Curtis Benkendorfer, Acting Airport Manager and Ed Polasek, Transportation Services Director Benkendorfer described the item and said RA General Services has requested approval of the sublease. He described the location of the hanger. He said it is a short term lease for 3.5 months. He said the item was unanimously recommended by the GTAB Board. He said the City staff recommends approval of the sublease. Motion by Fought, second by Eason to approve. Approved 5-0 (Gonzalez absent) S Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Discussion and possible action to update the contract between the City of Georgetown and Parkside at Mayfield Ranch MUD for the operation and maintenance of its wastewater collection -- David Thomison, Water Services Manager and Glenn W. Dishong, Utility Director Thomison described the item and this MUD lies within the City's water service area. He said the term of the current agreement transitioned to a year to year term. He spoke about how the City receives wastewater revenue from the MUD as well as the other details of the contract. Motion by Hesser, second by Eason to approve. Approved 5-0 (Gonzalez absent) T Second Reading of an Ordinance for the Voluntary Annexation of 98.22 acres in the Hudson Survey, to be known as Celebration Church, located at Rabbit Hill Road and Westinghouse Road -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) This item has been pulled by staff. U Second Reading of an Ordinance to amend the ordinance establishing a Franchise Fee payment between Pedernales Electric Cooperative and the City of Georgetown, changing the Franchise Fee rate from 2% of gross annual revenues to 4.0% of gross annual revenues -- Christopher Foster, Utilities Financial Analyst (action required) Foster described the item and read only the caption of the Ordinance on second reading. Motion by Hesser, second by Eason to approve the item. Approved 5-0 (Gonzalez absent) V Second Reading of an Ordinance to amend the ordinance establishing a Franchise Fee payment between Oncor Electric Delivery LLC and the City of Georgetown, changing the Franchise Fee rate from 4% of gross annual revenues to $0.002629/kwh -- Christopher Foster, Utilities Financial Analyst (action required) Foster described the item and read only the caption of the Ordinance on second reading. Motion by Eason, second by Hammerlun to approve. Approved 5-0 (Gonzalez absent) W Discussion and possible action to establish a Special Committee to examine the current Social Services and Youth Program Funding Policies and Guidelines and the processes through which the City Council allocates funding from the General Fund to Social Services and Youth Programs -- Mayor George Garver Mayor described the item for the Council. Motion by Eason, second by Eason to establish a committee and that it be a committee of the whole. Mayor asked that the Chair of the committee be the City Manager. City Council Meeting Minutes/ Page 32 of 351 Pages Vote on the motion: Approved 5-0 (Gonzalez absent) X Consideration and possible direction to modify criteria for placement of items on the Statutory Consent Agenda -- Bridget Chapman, Acting City Attorney and Jessica Brettle, City Secretary Chapman described the item and listed the proposed criteria for placement of items on the consent agenda. Motion by Jonrowe, second by Eason to approve. Approved 5-0 (Gonzalez absent) Adjournment The meeting was adjourned at 08:56 PM. Approved es A Mayor George er Cit ecretary Jessica Brettle City Council Meeting Minutes/ Page 33 of 351 Pages