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HomeMy WebLinkAboutMIN 05.27.2014 CC-RNotice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, May 27, 2011 The Georgetown City Council will meet on Tuesday, May 27, 2014 at 6:00 PM at the Council Chambers at 101 E. 7`h 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 8th 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 —Meeting called the meeting to order at 6:01 PM Pledge of Allegiance Comments from the Mayor -Welcome and Meeting Procedures City Council Regional Board Reports Eason said she does not have a report. City Manager Comments - Applications for the Strategic Partnerships for Community Service Grant Funding - Festival of the Arts Action from Executive Session Motion by Jonrowe, second by Fought to acquire real property from Lee Logan Schneider and Carolyn Sue Schneider parcels 223 Parts 1 and 2 in connection with the FM 1460 north segment project on the terms discussed in Executive Session. Approved 7-0 Motion by Jonrowe, second by Eason to approve a 1.75% pay increase for our City Manager, Paul Brandenburg, effective October 1, 2014. Approved 7-0 Motion by Jonrowe, second by Hammerlun to approve an employment agreement with our Municipal Court Judge, Randy Stump, as discussed in Executive Session. 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 - Alexia Griffin would like to thank the City Council for their support of the Georgetown Symphony Society Griffin introduced herself and said she is President of the Georgetown Symphony Society. She thanked the Council for the grant given to the Society through the Arts and Culture Board. She described what the money from that grant will provide to the Georgetown Community. C - Hugh Norris would like to address the City Council regarding the Georgetown Airport - John Milford would like to address the City Council regarding the Georgetown Airport Mr. Norris read an official statement to the City Council, which is attached to the final minutes of this meeting. Statutoi-y Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. D Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on Tuesday, May 13, 2014 — Jessica Brettle, City Secretary E Consideration and possible action to approve a Resolution denying an increase in rates requested by ATMOS Energy Corporation- MidTex Division, submitted on or about February 28, 2014 under the rate review mechanism; finding ATMOS' request unreasonable; directing ATMOS Energy to reimburse the city's rate -case expenses; authorizing the city's participation in appeals ATMOS may take denying its requested increase; requiring delivery of the resolution to the company and the city's special counsel; finding that the meeting complied with the Open Meetings Act; declaring an effective date; and making other findings and provisions related to the subject — Jim Briggs, General Manager of Utilities F Consideration and possible action to approve the City of Georgetown Storm Water Management Plan, MS4 application and Notice to Proceed (NO[) to the TCEQ -- Edward Polasek, AICP, Transportation Services Director and Nat Waggoner, PMP®, Transportation Analyst G Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve an amendment to Task Order HDR -14-001, in the amount of $10,484.00 for the completion of the Municipal Separate Storm Sewer System (MS4s) Permit application through the Texas Commission on Environmental Quality (TCEQ) -- Edward Polasek, AICP, Transportation Services Director, Nat Waggoner, PMP®, Transportation Analyst H Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to allow the proposed Beth N. Davis Subdivision the use of an onsite sewer system (septic system) in lieu of a public wastewater system according to Section 13.06.030A.4 of the City's Unified Development Code -- Andrew Spurgin, Planning Director and David Munk, Utility Engineer I Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve a Possession and Use Agreement with Thomas Petroleum, LLC (Parcels 202A, 2028 Parts 1 & 2, and 202C) in the amount of $266,400 in connection with the FM 1460 (North Segment) Project -- Edward G. Polasek, AICP, Transportation Services Director and Terri Calhoun, Real Estate Services Coordinator J Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve a Possession and Use Agreement with Anne M. Giddings and John D. Giddings (Parcel 221) in the amount of $52,020 in connection with the FM 1460 (North Segment) Project -- Edward G. Polasek, AICP, Transportation Services Director, and Terri Calhoun, Real Estate Services Coordinator K Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve a Possession and Use Agreement with Rabbit Hill Partners, through its owners Brian F. Peterson and Gordon L. Peterson (Parcel 211) in the amount of $153,585 in connection with the FM 1460 (North Segment) Project -- Edward G. Polasek, AICP, Transportation Services Director and Terri Calhoun, Real Estate Services Coordinator L Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve a Possession and Use Agreement with Gordon L. Peterson, Brian F. Peterson and Peggy Peterson (Parcel 212) in the amount of $81,315 in connection with the FM 1460 (North Segment) Project -- Edward G. Polasek, AICP, Transportation Services Director and Terri Calhoun, Real Estate Services Coordinator Motion by Eason, second by Hesser to approve the consent agenda with the exception of item E, which was pulled to the Regular Agenda by Eason. Approved 7-0 Legislative Regular Agenda E Consideration and possible action to approve a Resolution denying an increase in rates requested by ATMOS Energy Corporation- MidTex Division, submitted on or about February 28, 2014 under the rate review mechanism; finding ATMOS' request unreasonable; directing ATMOS Energy to reimburse the city's rate -case expenses; authorizing the city's participation in appeals ATMOS may take denying its requested increase; requiring delivery of the resolution to the company and the city's special counsel; finding that the meeting complied with the Open Meetings Act; declaring an effective date; and making other findings and provisions related to the subject — Jim Briggs, General Manager of Utilities Pulled to the Regular Agenda by Eason. Briggs described the item and briefly read the Resolution for the Council. Motion by Eason, second by Hesser to approve the Resolution. Approved 7-0 M Discussion and possible action to temporarily dissolve the Historical and Architectural Review Commission (HARC) until such time as a comprehensive study and analysis can be conducted of its mission, charge, responsibilities, and authority -- John Hesser, Councilmember, District 3 Hesser said he thinks it is important to explain where he is coming from on this item. He said he has interviewed staff, HARC members, building owners and people who have had projects go through HARC. He noted, by looking at the information gathered, HARC has difficulties and problems that need to be resolved. He said the issue is not that HARC has a problem but what is the solution. He noted it will be the quicker fix to dissolve it at this time and rebuild it from the bottom up. He said there needs to be policy changes, procedural changes and training changes. He noted he has spoken with staff and he trusts staff to come back with a solution. He withdrew his item from the agenda. N Consideration and possible action to approve a Resolution directing staff to initiate amendments to the Unified Development Code (UDC) related to the Historic and Architectural Review Commission — Laurie Brewer, Assistant City Manager Brewer reviewed the Resolution for Council. She described the amendments that have been suggested by the Council. She said this Resolution will make it possible to initiate amendments to the UDC outside of the normal review process. She said if Council has any other issues they would like staff to address through this process, that they be included in the motion as formal action. Motion by Fought, second by Gonzalez to approve the Resolution with the addition that HARC cannot overrule a City Council decision and that the process is clarified to ensure that the City Council makes the final decision on items. Speakers Charlene Sefcik, Linda McCalla, Anna Eby, Peter Dana, Ross Hunter, Andrew Solin, Richard Cutts, Robert Phipps, Susan Firth and Ellen Davis spoke about HARC and its role in the community. To listen to the entire set of comments from the public, please watch the meeting on GTV online at: http://georgetowntx. swagit.com/play/05272014-1005/#7 Jonrowe spoke about the people she has talked to about downtown Georgetown and noted the City needs to take a balanced approach to HARC. She said labeling this as an emergency is a little bit of an over -reaction. She said having this be a Resolution also causes issues of the end date of this. She said she would prefer to see this item as "direction to staff." She spoke about how changes need to be made in a slow, methodical manner. Fought said staff is asking for direction to implement and study the ideas discussed at the last meeting. He said Council needs to give staff the response they need in order to move forward with implementing these changes. He said it is time to start the process going. He spoke about how HARC needs to have links with funding as well as other organizations such as the Williamson County Museum. Eason said the Resolution states that staff move forward with an "emergency UDC amendment." She said everything Fought brought up does not require a UDC amendment. She said she does not see that there is an emergency. She said 80 cases were handled last year by HARC and only one was brought to City Council on appeal. She said she thinks this is setting a bad precedent. Brewer clarified what emergency means in this process. She said the term emergency would allow staff to take this outside of the UDC process, which would take two years. Kreger briefly described the UDC amendment process and related committee meetings. Fought spoke about how this is not an emergency but noted he also does not want to wait two years to get this done. Hammerlun said he wants to make sure that staff addresses the life and safety issue that came up with Friendly Will and the role that professional engineers play with the inspection of these structures. Jonrowe asked and Brewer described the process of addressing the design guidelines. Eason spoke about the process and said the UDC Committee should be the entity to look at these items. Gonzalez and Brainard said there is a consensus that this needs to be an open process but these items need to move along and be addressed as soon as possible. There were many comments. Motion by Eason, second by Gonzalez to amend the motion to strike the "whereas" clause that starts with "A recent decision made by the Historic and Architectural Review Commission has been appealed to..." Vote on the amendment: Approved 7-0 Chapman reviewed the proposed timeline and said they would like all of these changes to be made before the next Boards and Commissions cycle. Eason said staff needs to be careful with administrative exceptions. There was much discussion. Vote on original motion as amended: Approved 7-0 Meeting recessed at 7:26PM Meeting resumed at 7:31 PM O Presentation, discussion and possible action on the Rivery Boulevard Extension Project — Ed Polasek, Transportation Services Director Hammerlun recused himself from this item. Polasek described the item for the Council. He said this was requested by Councilmember Brainard, who wanted an update on the extension project and where we are today. He reviewed the history of this project. He said staff has been working to ensure that the project is shovel -ready ahead of a potential bond program next fall. He spoke about their plan for a property acquisition process through condemnation proceedings that would take place ahead of this project. Speaker, Les Romo, spoke about his concerns regarding the fact that his property is in the middle of this project's projected location. He said he is not able to make any decisions regarding his property because he does not know whether or not it will be condemned and acquired by the city. Brainard asked and Polasek said there are eight properties slated for condemnation and two or three properties for partial condemnation. Braianrd said the city should make a good faith effort to proceed with this process so people like Mr. Romo can move on with their life. Motion by Brainard, second by Fought to direct the Georgetown Transportation Enhancement Corporation and city staff to proceed as quickly as practicable with processing of condemned properties associated with the Rivery Boulevard Extension project, with the objective of making offers to purchase properties of affected owners as early as possible in city fiscal year 2015. Fought said he has similar concerns. Jonrowe asked if Mr. Romo's property and if the value has been impacted. Polasek said the City has not employed appraisers as that is in the next step of the process. Polasek said, at this time, the city does not have GTEC funds to start that process. Jonrowe asked and Polasek said GTEC has the funds allocated for fiscal year 2015. Rundell spoke about the timing of this process. She said staff would be able to re -prioritize this process to use excess funds in order to start the project ahead of schedule. She said GTEC does have the fund balance to begin the project. Gonzalez asked and Polasek said the city has budgeted $3 million for the buyouts. Rundell said GTEC would have enough to start the process but not enough to complete all of the condemnations and acquisitions. Gonzalez said there are multiple property owners and, what we do for one, we must do for all. Polasek said staff can start the process where the City knows they will take the entire lot. He said there will be two different classes of acquisitions. There was much discussion regarding this project. Motion by Hesser, second by Gonzalez to amend the motion to follow the Local Government Code on the evaluation of these properties. Approved 6-0 (Hammerlun recused) Vote on original motion as amended: Approved 4-2 (Jonrowe, Gonzalez opposed) (Hammerlun recused himself due to a conflict of interest) P Consideration and possible action to approve an Advance Funding Agreement (AFA) Amendment #2 with the Texas Department of Transportation for FM 1460 from Quail Valley Drive to North of University Boulevard to provide an additional $2 million dollars in Federal & State funding for the construction of the remaining two segments of the FM 1460 project (CSJ 2211-02-017 & 2211-02-026) -- Edward G. Polasek, AICP, Transportation Services Director and Jim Briggs, General Manager of Utilities Polasek described the item and said this is the modified AFA for construction of the remaining two segments of the FM 1460 project. He described the amendment for the City Council. Motion by Gonzalez, second by Fought to approve. Approved 7-0 Q Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to M & C Fonseca Construction Co., Inc., of Granite Shoals, Texas, for the construction of the North Austin Avenue Sidewalk Improvements Project (Rec Center to Georgetown High School) in the amount of $404,676.50 -- Edward G. Polasek, AICP, Transportation Services Director and Bill Dryden, P.E., Transportation Engineer Dryden introduced the item and spoke about recent funding the City received for the construction of the North Austin Avenue Sidewalk project. He briefly described the basic provisions of the construction contract as well as the bid process. Motion by Hesser, second by Gonzalez to approve. Brainard asked and Dryden said the sidewalk will be six feet wide. Vote on the motion: Approved 7-0 R Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to authorize a purchase contract with JDP Properties, Ltd. In the amount of $606,000.00, plus closing costs, for the purchase of 4.235 acres (Parcel 3) in connection with the Southwest Bypass Road Project -- Edward G. Polasek, AICP, Transportation Services Director, and Terri Glasby Calhoun, Real Estate Services Coordinator Polasek described the item and said staff has been working on finalizing the contract for sale of this property. He described the property and how it will provide access for the Southwest Bypass road project. He said this is the property that is behind Texas Crushed Stone. Motion by Hammerlun, second by Hesser to approve. Brainard asked and Polasek said the County will be allowed to start in 2016 as referenced in the agreement with Texas Crushed Stone. Brainard asked and Polasek confirmed the right of way has been finalized with Texas Crushed Stone. Vote on the motion: Approved 7-0 S Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve the Special Commissioners Award in the amount of$147,356.00, plus Commissioners' fees in the amount of $900.00, in Cause No. 13-1722-CC4, The State of Texas and the City of Georgetown vs. Alfredo V. Mendoza and Lynn S. Larson, Condemnation Proceedings, County Court at Law No. 4, Williamson County, Texas (Parcel 218), in connection with the FM 1460 Project (North Segment) -- Edward G. Polasek, AICP, Transportation Services Director and Terri Glasby Calhoun, Real Estate Services Coordinator Polasek described the item and spoke about how the special commissioners hearing is one step in the condemnation process. He said this is in connection with the FM 1460 project and the acquisition of property involved in that project. Motion by Gonzalez, second by Fought to approve. Approved 7-0 T First Reading of an Ordinance adding Section 12.32.230 "Airport Fuel Sales" to the Code of Ordinances related to adoptions of regulations governing airport fuel sales -- Ed Polasek, Transportation Services Director (action required) Polasek read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. He said this item is an amendment to the airport ordinance that will allow for adoption of an airport fuel policy. He said this will allow the General Manager of Utilities to finalize a policy. He said staff has provided a draft of the policy for Council review. He spoke about how staff will be educating those at the airport about the new policy. Motion by Gonzalez, second by Hesser to approve. Approved 7-0 U First Reading of an Ordinance of the City Council of the City of Georgetown, Texas amending Section 8.32.010 and 8.32.030 of the Code of Ordinances by adding the definition for "Vaping Store" and exempting those businesses, as defined, from the prohibition of smoking in public places -- Paul Brandenburg, City Manager and Bridget Chapman, City Attorney (action required) Brandenburg described the item and read the caption of the Ordinance on first reading after having satisfied the requirement of the City Charter. Motion by Brainard, second by Jonrowe to approve the Ordinance. Approved 7-0 V Public Hearing and First Reading of an Ordinance establishing the South Georgetown Tax Increment Reinvestment Zone -- Micki Rundell, Chief Financial Officer (action required) Rundell described the item for the Council. She said this is related to the Workshop that was conducted earlier in the evening. Public Hearing was opened at 8:01 PM No persons were present to speak. Public Hearing was closed at 8:02PM Rundell read the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Gonzalez, second by Hammerlun to approve the Ordinance. Approved 7-0 W First Reading of an Ordinance amending the 2013/14 Annual Budget due to conditions that resulted in new program requirements in the current year as requested by City Council, appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith. -- Susan Morgan, Finance Director and Micki Rundell, Chief Financial Officer (action required) Rundell described the item and read only the caption of the Ordinance on first reading. She said this budget amendment would allow for the hiring of an Assistant City Attorney. Motion by Gonzalez, second by Hammerlun to approve. Approved 7-0 X Public Hearing and First Reading of an Ordinance for a Rezoning of 108.565 acres in the Francis Hudson and J.S. Patterson Surveys, from Agriculture (AG) District and Residential Single-family (RS) District to Public Facility (PF) District, to be known as Celebration Church, located at 1202 Rabbit Hill Road -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) Maddox described the item and said a portion of this property is currently under consideration for annexation. He noted the church on this property is anticipating expansion and this rezoning will allow that to occur. He said the city is working with the applicant on various issues. 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 8:06PM No persons were present to speak. Public Hearing was closed at 8:06PM Motion by Gonzalez, second by Hesser to approve the Ordinance. Approved 7-0 Y Public Hearing and First Reading of an Ordinance for the Rezoning of 116.45 acres from the Agriculture (AG) District to 1.51 acres of Neighborhood Commercial (CN) District, 5.09 acres of Local Commercial (C-1) District, and 109.54 acres of Residential Single -Family (RS) District, located on Williams Drive and behind Ford Elementary School and the Woodlake residential subdivision, adjacent to Lake Georgetown -- Mike Elabarger, Senior Planning and Andrew Spurgin, AICP, Planning Director (action required) Kreger described the item and said this is a request to rezone to commercial. She showed Council a map of the area. She said the majority of the property is going through annexation and noted the rezoning request is in conformance with the 2030 plan. She showed Council the rezoning map. She described what the applicant is proposing for that area. She said the planning and zoning commission recommended approval of this request. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 8:10PM Speakers, Charlie Ross, Aurora Long, Joseph South, John Stock and Brian Birdwell, the developer of the property, expressed their opinions on this property. To listen to the entire set of comments from the public please watch the meeting on GTV online at: htti)://aeoraetowntx.swaqit.com/play/05272014-1005/#1 8 Public Hearing was closed at 8:30PM Motion by Fought, second by Gonzalez to approve Hesser asked and Kreger said the flood plain is reviewed by staff and noted a person is only allowed to develop in the 500 year flood plain. Brainard asked about this impact of this proposed development on traffic on Williams Drive. Polasek said a traffic impact analysis will be done prior to any development. Eason spoke about how the flood issue concerns her when it related to this proposed development. She said the City has had problems with flood issues in the past. Jonrowe asked about the number of homes in the city within the 500 year flood plain. Kreger said she does not have that information off the top of her head. Jonrowe asked and Kreger said this project is not allowed to decrease the drainage in the area. Brainard asked and Kreger said this is just a simply a rezoning request and a final plat will be going to the Planning and Zoning Commission for approval. There was much discussion about the proposed development and how it will affect the homes in the area. Vote on the motion: Approved 5-2 (Eason, Brainard opposed) Z Second Reading of an Ordinance for the Rezoning of 24.076 acres in the Joseph Fish and William Roberts Surreys, from Agriculture (AG) District to Planned Unit Development (PUD) with a base Local Commercial (C-1) District, to be known as Georgetown Village Center, located on 1121 Shell Road, southwest of Sycamore Street -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) Kreger described the item and read only the caption of the Ordinance on second reading. Motion by Eason, second by Hammerlun to approve. Approved 7-0 AA Second Reading of an Ordinance for the Voluntary Annexation of 3.40 acres in the Thompson Survey, located near the intersection of Leander Road and the proposed Southwest Bypass roadway for land to be added to the future Bluffview Subdivision -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Maddox described the item and read the caption of the Ordinance on second reading. Motion by Jonrowe, second by Hesser to approve. Approved 7-0 BB Second Reading of an Ordinance for the Rezoning of 3.40 acres in the Thompson Survey from the Agriculture (AG) District to the Residential Single -Family (RS) District for land to be added to the future Bluffview Subdivision -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Maddox described the item and read only the caption of the Ordinance on second reading. Motion by Jonrowe, second by Hammerlun to approve. Approved 7-0 CC Second Reading of an Ordinance amending portions of the Unified Development Code (UDC) relative to permitted zoning districts, development standards and definitions for multifamily land uses -- Valerie Kreger, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Kreger described the item and read only the caption of the Ordinance on second reading. Motion by Jonrowe, second by Hammerlun to approve the Ordinance. Approved 7-0 DD Consideration and possible action to appoint a replacement for Mayor George Garver on the Capital Area Metropolitan Planning Organization (CAMPO) — Jessica Brettle, City Secretary Motion by Gonzalez, second by Jonrowe to nominate Mayor Ross to serve on CAMPO. Approved 7-0 Executive Session 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. EE 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 - Eric Dunlap Claim -Wolf Ranch/Hillwood - CTSUD Section 551.072 — Deliberation Regarding Real Property - Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Deliberation on the acquisition of real property from Lee Logan Schneider and Carolyn Sue Schneider (Parcel 223 Parts 1 & 2) in connection with the FM 1460 (North Segment) Project — Edward G. Polasek, AICP, Transportation Services Director, and Terri Calhoun, Real Estate Services Coordinator Sec. 551.074: Personnel Matters - City Manager Annual Performance Evaluation - Municipal Judge Annual Performance Evaluation Adjournment — Adjourned 8:45PM Certificate of Posting I, 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. 8`h 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 (14 (�"' Dale Ross, Mayor (fLM.'V�� Q usk_��' Atte t City Secretary I W My. 7unerefic Lo qI71 and applauded when they lead to ever improving conditions for the community. But when they lead otherwise they must be modified. Each of you are requested to take independent action by reviewing your own copy of the report readily available from city staff and give my remarks your own private thoughts for remedial action. In listening to these remarks and report comparison please keep in mind the agony endured by the citizens of Austin for many years over Robert Mueller Airport and the ease with which Mueller's complex aviation activities were transferred to Austin Bergstrom Airport when that alternate site became available. Also note that the transfer was accomplished with no Federal financial penalties imposed on the City of Austin and, in fact, Federal funding for Bergstrom improvements have increased. In lieu of a point by point analysis of the negative issues described in the report which are deferred to a separate City Council presentation, it is believed important that these initial comments include a review of some events occurring at the time the report was prepared and presented to the then City Council. During the 2002 time period the transfer of Mueller Airport to the Bergstrom AFB site had been smoothly accomplished. 'fhe Le islature sponsored engineering 91 plan to locate and plan the needed Central Texas Regional Airport (CTRA) had ended in failure due to lack of sufficient political sponsors. Some members of the then City Council began to question the wisdom of AAB plans to provide an equivalent CTRA at the city airport Edwards Recharge Zone site by methodical capital improvement I I I I I I with this report. The report and its impact on the City Council, business leaders and city staff was entirely successftd. The rancher's offer was denied. The report's conclusions were provided to city staff and local leaders as toctrine for elimination of any discussions of any alternate airport site. Future city officials have been ff so briefed by city staever since. The overriding fatal flaw in this report that makes it invalid for a policy doctrine is its theme that runs throughout each of the reporVs discussion issues — first "closure" of the airport - turn it into pasture - then search for an alternate operational airport site. This is nonsense. No one during the time of the report's preparation nor up to the current time has ever proposed such a scenario except by the AAB. MUM -S =1 Id Ol Yrf Yri I ?-viation operations to a Williamson County Regional Airport alternative. Then follow that action by of property and sales tax revenues to the citizens treasury We will explore development of this alternative in more detail with you in future presentations. As I stated at the beginning, this is the first of a 2 part presentation we will provide the City Council for reconsideration of this report and the need for an alternative airport site study. a as Mwill Wn'll irm., Z-1 -11-1 3. FAA—EE-90-03, August 1990 — FAA's Community Involvement Policy- Requires each FAA office to incorporate open, effective community involvement to achieve four goals and tasks: (a)public access to information accurately describing a proposed project and its environmental effects,(b) Ask and consider public input on plans', alternatives, impacts, mitigation,( c) use public involvement techniques to meet needs of different interest groups and individuals, and (d) promote active public role to lessen potentially adverse community reaction to agency actions needed for safe, efficient aviation. 10 Wisrea Men e at1 o s1 onsor, s 1 ic1I W1 49 USC section. 5. 40 CFR 1506.6 — Public Participation Requirements Under NEPA — Council on Environmental Quality (CEQ) gives Federal agencies instructions on NEPXs public involvement and special purpose laws 6. FAA Order 1050.1E, See 208 — Public Involvement — See FAA orders 1050.1E and 5050.411 - complete requirements imposed on TxDOT for compliance with FAA Public Participation Regulations.