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HomeMy WebLinkAboutMIN 12.09.2008 CC-RMinutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, December 9, 2008 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, Gabe Sansing, Keith Brainard, Bill All Council present Sattler, Pat Berryman, Dale Ross, Ben Oliver ....... ......... _.._ —................. _.._.__.._..---... ___ ....... _....... - --- _ --------- Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Randy Morrow, Director of Community Services; Kimberly Garrett, Parks and Recreation Director; Eric Lashley, Library Director; Judy Fabry, Library Administrative Assistant; Ed Polasek, Principal Planner; Jordan Maddox, Planner III; Elizabeth Cook, Planning Director; Glenn Dishong, Water Services Director; David Munk, Development Engineer; Carla Benton, Planner II; Jennifer Bills, Housing Coordinator; Kevin Russell, Human Resources Director; Terry Jones, Support Services Construction Manager; Marsha Iwers, Purchasing Manager; Travis McLain, Airport Manager; Cari Miller, Tourism Manager; Keith Hutchinson, Public Information Officer ..... ..... .... _..__._ ._ -- - - ..... Minutes Executive Session Regular Session to convene and continue Executive Session, if necessary 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 that follows. Executive Session items are listed at the end of these minutes. 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 The meeting was called to order at 6:03 p.m. Pledge of Allegiance Mayor Garver led the Pledge. Comments from the Mayor - Welcome and Meeting Procedures Mayor Garver welcomed the audience and noted that the next regular meeting of the Council would be on January 13, 2009. He gave a brief outline of meeting procedures. He told the audience that the City Council agenda, including all back-up material, is available online through the City of Georgetown website City Council Meeting Minutes/December 9, 2008 Page 1 of 13 Pages on the Internet. City Manager Comments Brandenburg made the following announcements: - The City of Georgetown is now accepting applications for vacant or expiring terms on its Boards & Commissions. Information and applications can be obtained on the City's Website at www.georgetown.org or at City Hall which is located at 113 E. 8th Street. The Deadline for filing applications is January 9, 2009. A bus route between Sun City and the Downtown area began service on Friday, November 28. The route is the first phase of a pilot transit program for the City of Georgetown operated by the Capital Area Rural Transportation System (CARTS). The Sun City — Downtown route will start at the Sun City Social Center and connect with the Downtown Square, Wolf Ranch, and the Rivery shopping center before returning to Sun City via Williams Drive. The Sun City — Downtown route, which is phase 1 of the pilot bus program, will continue into January. The length of the pilot will depend on available funding. Cards with the route schedule, route map, and fare information are available at the Sun City Community Association office, Visitor Information Center, City Hall, and Georgetown Municipal Complex. For more information about the bus pilot program, please visit the City's website at www.georgetown.org . - The City of Georgetown will be closed for the Christmas Holidays on Wednesday, December 24th and Thursday, December 25th. City offices will also be closed on Tuesday, January 1, 2009 in observance of New Year's day. Brandenburg recognized and thanked Assistant City Manager Tom Yantis and City Secretary Sandra Lee as this was their last council meeting. Action from Executive Session Motion by Berryman, second by Oliver that the City Council authorize the City Staff to respond to the counteroffer from Aircraft Systems and Manufacturing, Inc. relating to the lease of the real property and improvements located at 302 Toledo Trail consistent with the direction given in executive session last night. Sansing asked that this item be removed from the agenda until after another Executive Session. It was determined that Council would return to Executive Session later in the meeting. Action from Executive Session was taken just prior to the annexation items. Public Wishing to Address Council On a subiect 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 - Dan Clark regarding an update on The Summit at Rivery Park Mayor asked that Council allow additional time for Mr. Clark and noted that the Council might have questions. With the overhead camera, Clark displayed a rendering he will use to market the site. He said, even though the economy is difficult at this time for development, he is encouraged about the financing because of the location of this project. 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 Special Council Election Canvass Meeting on Monday, November 17; the Council Workshop on Monday, November 24; and the Council Meeting on Tuesday, November 25, 2008 -- Sandra D. Lee, City Secretary City Council Meeting Minutes/December 9, 2008 Page 2 of 13 Pages D Consideration and possible action to approve a Lease Agreement with the Texas Parks and Recreation Foundation for the 125 acre donation from Mr. and Mrs. Jack Garey for Garey Park -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services (pulled by Eason) E Consideration and possible action to award the bid for the automated energy management system for the Municipal Complex and City Hall to Tempset Controls in the amount of $31,600.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance & Administration (pulled by Ross) F Consideration and possible action to declare obsolete and scrap electric equipment as surplus and authorization for staff to sell to Alamo Transformer Supply Company, San Antonio, Texas -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration G Discussion and possible action to approve the Third Amendment to the Offsite Utility Construction and Cost Reimbursement Agreement between the City of Georgetown and Laredo Wo, Ltd concerning the Water Oak Subdivision -- Glenn Dishong, Water Services Director and Micki Rundell, Director of Finance and Administration Sattler asked and Rundell responded that this would not have any impact on the bonds. H Consideration and possible action to appoint the members of the Rivery Park Tax Increment Reinvestment Zone (TIRZ) Board of Directors -- Tom Yantis, Assistant City Manager (pulled by Eason) I Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with the Estate of Bettie Black Wolf, et al. relating to that certain tract of land having the 2008 Williamson County Short ID Number R039230 and located in 2008 Annexation Area SW1 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development J Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with the Estate of Bettie Black Wolf, et al. relating to that certain tract of land having the 2008 Williamson County Short ID Number R039268 and located in 2008 Annexation Area SW1 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development K Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with the Estate of Bettie Black Wolf, et al. relating to that certain tract of land having the 2008 Williamson County Short ID Number R040831 and located in 2008 Annexation Area SWI -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development L Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with the Estate of Bettie Black Wolf, et al. relating to that certain tract of land having the 2008 Williamson County Short ID Number R040756 and located in 2008 Annexation Area SW1 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development M Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with the Estate of Bettie Black Wolf, et al. relating to that certain tract of land having the 2008 Williamson County Short ID Number R039930 and located in 2008 Annexation Area NW2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development N Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with the Estate of Bettie Black Wolf, et al. relating to that certain tract of land having the 2008 Williamson County Short ID Number R473858 and located in 2008 Annexation Area NW2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development O Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with the Estate of Bettie Black Wolf, et al. relating to that certain tract of land having the 2008 Williamson County Short ID Number R313627 and located in 2008 Annexation City Council Meeting Minutes/December 9, 2008 Page 3 of 13 Pages Area NW6 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development P Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with the Estate of Bettie Black Wolf, et al. relating to that certain tract of land having the 2008 Williamson County Short ID Number R040721 and located in 2008 Annexation Area NW7 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Q Consideration and possible action regarding the Annexation Development Agreement authorized by Section 43.035 of the Texas Local Government Code with the Estate of Bettie Black Wolf, et al. relating to that certain tract of land having the 2008 Williamson County Short ID Number R397516 and located in 2008 Annexation Area NW7 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Motion by Berryman, second by Sattler to approve the Consent with the exception of Items D, E, and H which were pulled to the Regular Agenda. Approved 7-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: D Consideration and possible action to approve a Lease Agreement with the Texas Parks and Recreation Foundation for the 125 acre donation from Mr. and Mrs. Jack Garey for Garey Park -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services (pulled by Eason) Cammy Garey told Council she and her husband are pleased to deed over another 121 acres to the City for Garey Park. She said recently, appraiser Larry Kokel, of Kokel Oberrender Wood Appraisal Ltd. valued the 121 acres at $30,000 per acre, which is approximately $3.6 million. She said the entire ranch is 523 acres of raw land, and with the value of the house, the total gift would be $20 million. She said she and her husband are pleased that the voters passed the bond election, saying the public funding being in place assures them this property will be developed as intended. She said they have also given a gift of $5 million to help with development of the park. Motion by Sattler, second by Sansing to approve the Agreement and the Lease Agreement between the City of Georgetown and the Texas Parks and Recreation. Approved 7-0. E Consideration and possible action to award the bid for the automated energy management system for the Municipal Complex and City Hall to Tempset Controls in the amount of $31,600.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance & Administration (pulled by Ross) Ross asked if an ROI was done on this expenditure. Jones responded there has been a 20% savings over two years for these two facilities. Motion by Berryman, second by Eason to approve the award of bid. Approved 7-0. H Consideration and possible action to appoint the members of the Rivery Park Tax Increment Reinvestment Zone (TIRZ) Board of Directors -- Tom Yantis, Assistant City Manager Yantis explained the item and noted the last two names, Valerie Covey and Celine Duke, both residents of Williamson County, have been nominated by Williamson County. He read the names of the TIRZ Board of Directors as follows: For two-year terms: Chair Councilmember Gabe Sansing, City Finance Director Micki Rundell, Developer Dan Clark of Ledgestone Group, County Commisioner Valerie Covey, and State Senator Steve Ogden. For one-year terms: Rick Smith, Chair of the Economic Development Advisory Board; Randy Morrow, Director of Community Services; Celine Duke, Williamson County Representative; and Dan M. Gattis, Texas House Representative. Motion by Sansing, second by Berryman to approve the appointments. Approved 7-0. Mayor Garver complimented Yantis for his input to the City. Mayor noted that the following item would be brought forward at this time. City Council Meeting Minutes/December 9, 2008 Page 4 of 13 Pages VV Second Reading of an Ordinance Annexing into the City the remaining portion of several parcels of land in the Wm. Addison Survey surrounded by the current city limits, located east Smith Branch creek, north of University Park Subdivision, west of Summercrest Subdivision, and south of SH 29 East, referred to as 2008 Annexation Area SE8 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek noted that all the public hearings have been held on this proposed annexation. He said some of the land belonging to the owner of this annexation area is already in the City. He said there will be a waterline provided by the City if this property is annexed. He read only the caption of the ordinance on second reading. Speaker, Ronald Mahan, asked Council not to annex his property because he doesn't feel he needs the services to be provided by the City. Berryman asked if he had any plans for the land, and he responded there was no market for the unimproved land. Motion by Brainard, second by Oliver to approve the ordinance on second reading. Ross asked about an agreement for this particular tract to not annex until the property is sold. Polasek explained the other properties for which there were development agreements had letters waiving annexation from a previous city manager. Vote on the motion: Denied 5-2. (Eason, Sattler, Berryman, Ross and Sansing opposed) Motion by Eason, second by Berryman to direct staff to work with Mahan to develop an agreement that annexation would occur only if the property is sold. Oliver asked to friendly amend to add that the property would be annexed if it is sold or if a development application is executed. Approved 7-0. R Consideration and possible action regarding an "Agreement Concerning Approval of Site Plan and Construction of Sidewalks" with the City and the Georgetown Chamber of Commerce -- Elizabeth A. Cook, Director Planning and Development Cook displayed a site plan and explained that this agreement is for sidewalks on the five -acre property owned by the City and leased by the Chamber. She said the cost for the City, if done today, would be approximately $11,400. She summarized the findings in the staff report, saying the staff believes this project could be postponed until another project occurs. Sansing said he received a phone call regarding sidewalks in front of the Dollar General Store. He asked if it would be better to do sidewalks where the land is more level. Cook said the UDC requires sidewalks on both sides of streets, but she said it would be wise for the City to choose the best side to construct the sidewalks. Sansing said he could not support the City paying for the sidewalks at the Chamber. Sattler asked and Brandenburg explained that an agreement for Subordination of Landlord's Lien has been provided on the dais. Motion by Berryman, second by Sattler to approve the Agreement and include the Subordination of Landlord's Lien into the Agreement. Approved 5-2 (Sansing and Eason opposed) Motion by Oliver, second by Eason to rewrite the agreement such that the findings be separated. There was further discussion. Oliver and Eason withdrew their motion Motion by Berryman, second by Sansing to determine the sidewalks are not necessary to be constructed at this time. Approved 7-0. Motion by Sansing, second by Oliver that the City does not pay for the sidewalks if and when they are needed. Berryman asked and Cook explained there would need to be a site plan change or change in the use of the Chamber building to create a reason for constructing sidewalks. Mayor asked and Carls responded that the agreement will be modified according to Council's desire. There were further comments. Vote on Sansing's motion: Approved 7-0. Cook confirmed that the changes could be made without coming back to Council. Berryman said she agrees with Sansing that there need to be sidewalks further north because of the students walking back and forth to and from the high school. Speaker, Mel Penland, said he agrees there should be no sidewalks constructed due to the significant drop off to their property. City Council Meeting Minutes/December 9, 2008 Page 5 of 13 Pages Motion by Berryman, second by Ross to approve the Landlord's Consent and the Agreement for Subordinanction of Landlord's Lien. Approved 6-0 (one abstention: Oliver) S Consideration and possible action to approve a Resolution approving assignment of certain rights of the Texas Life Sciences Commercialization (TLC) Center under the "City of Georgetown/Texas Life- Sciences Commercialization Center Chapter 380 Economic Development Agreement to First Texas Bank to facilitate the advancement of funds for the acquisition, construction or operation of the TLC Center — Paul Brandenburg, City Manager Brandenburg explained the item and noted that the request is to use $50,000 to build the wet lab. He noted the City Attorney thinks this was already approved by the Council, but he put the item on the agenda to make sure Council is clear about the assignment. Motion by Eason, second by Sansing to approve the resolution approving the assignment. Sattler asked Russ Peterman to come forward and asked him if this is a loan. Peterman said it is collateral. Peterman said Congressman Carter is sponsoring a federal grant for $500,000, but because of congressional delays they don't expect action before March 2009, and funding as late as August or September of 2009; and because he has deals they would like to close that involve wet lab space, he would like to get the wet lab constructed to have something to show. Sattler asked what happens if, in the third year, the City has to cover the collateral. Peterman said at that point, the bank would convert it to a note with the wet lab as collateral. Carls explained that the City would never be a guarantor. Vote on the motion: Approved 7-0. T Consideration and possible action regarding an Arts and Culture Board report on Texas Historical Commission position on placement of 'Waterin'the Work Mules' statue -- Ruth Roberts, Arts & Culture Board Chair; Eric Lashley, Library Director; and Randy Morrow, Director of Community Services Lashley said Council had directed staff to contact the Texas Historical Commission to ask them about their concerns for the location and to develop a Plan B. He said it was clear from the conversation that the Commission misunderstood about the ownership of the location. He said the Commission agreed that legally, the location would not interfere with any proposed grant for the County; however, any future placement of artwork around the square would go against the ability of the County to obtain future grants. He suggested proposed alternate locations for the statue, one of which would use a parking space and cost $6,400. Motion by Sansing, second by Brainard to move the sculpture to the alternate location at the corner of 7th and Main Streets at entrance to the Council Chamber/Municipal Court Building. Oliver asked the artist his opinion of the change of location. Mr. Coffee, from the audience, responded that he thinks the alternate location is fine. Ross asked if this artwork would be a "one and only," and the artist explained that one more copy is being paid for by his brother to be located in University Park in the Dallas area where his father was Mayor for 20 years. Coffee said the boy on the mule was his father, Roy Coffee, in 1910. It was determined that there would be two originals and 20 to 30 mockettes, some to be given to the remaining members of the Coffee family. Sansing said he is unhappy that the sculpture is not the only original. He said any pieces of artwork in the future should be single originals. There were further Council comments and questions. Mayor suggested the Council is discussing issues that were not listed on the agenda to be dicussed and suggested moving forward. Vote on the motion: Approved 7-0. U Consideration and possible action to approve an award of a bid for the parkland landscape maintenance to Sunterra in the amount of $58,358.78 -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Service Garrett explained the item, saying the maintenance would be performed at 18 different park sites. Motion by Berryman, second by Oliver to approve the award of bid. Approved 7-0. V Consideration and possible action to amend the City of Georgetown Cafeteria Plan restricting participation by employees in health Flexible Spending Accounts (FSA) who make contributions to the new Health Savings Account (HSA) to a "limited purpose health FSA" and allowing for City contributions to a Health FSA for employees ineligible to make contributions to an HSA — Kevin Russell, Human Resources Director Russell explained the reasons for the changes to the plan. Motion by Brainard, second by Oliver to approve a City Council Meeting Minutes/December 9, 2008 Page 6 of 13 Pages resolution to amend the Cafeteria Plan. Approved 6-1. (Sansing opposed) W Consideration of an award of a bid for the landscape maintenance of City owned facilities to TCB Quality Landscaping, Inc and Still Water Landscapes in the amount of $79,052.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance & Administration Jones explained the item., Motion by Sansing, second by Berryman to approve the award. There were comments regarding the differences in the bid amounts. Approved 7-0. X Consideration and possible action to enter into a Master Lease Agreement for three years in the amount of $80,276.55 with Frost National Bank on behalf of Marathon Fitness of Sugar Land, Texas for Cardio Equipment for the Recreation Center -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Garrett explained the item. Motion by Sansing, second by Berryman to approve the Master Lease Agreement. Brainard asked and Brandenburg said the grand opening will probably be the end of January. Vote on the motion: Approved 7-0. Y Consideration and possible action to amend the "Budget Contingency" section of the City's Fiscal and Budgetary Policy -- Keith Brainard, Councilmember District 3 Rundell explained the item as suggested by Councilmember Brainard. She said the proposed language change is very appropriate. Motion by Brainard, second by Berryman to suggest revising the language in Section B under Item V. Budget Contingency Plan to remove a portion of the first sentence and add "Notwithstanding Section A" in front of the words "the City Council may approve the following actions." Approved 7-0. Z Discussion and possible direction to staff to provide information to Council regarding potential projects that could have significant economic impact on the City and taxpayers over the next two to three years -- District 4 Councilmember Bill Sattler Sattler said he is reviewing financial impacts of potential projects and is asking staff to set up a schedule for seminars or workshops on the projects coming forward, such as the infrastructure to be provided to annexed lands. He said he has had a number of people come to him about when they will get the promised service from the City. He also said he has attended several meetings regarding the following topics on which he wants further discussion, including: 1.Annexation, 2. Gateway Project, 3. Affordable Housing, 4. Longhorn Junction and the SH29 Bypass; and 5) some type of municipal corporations for city utilities like Austin Energy and Community Public Services in San Antonio and a corporation for economic development. He asked for a complete plan on the costs involved in each of these projects. Garver asked Brandenburg to respond. Brandenburg said the majority of those items are "in the works," for instance, annexation has gone through a seven- to eight-month process which the Council will see in 2009. and they will see the completion of the services provided for the 2006 annexations. He said the Council has been fully informed of the potential costs every time, and the Capital Improvement Process (CIP) has been presented and voted upon and is part of the budget. He said the Gateway Project will be discussed at a planned workshop in January, and there are a lot of moving parts with the Gateway. He said anything done for the Gateway would have to be approved by the Council and the 4A and 4B boards. He said regarding affordable housing, the Council always has to approve projects such as Sierra Ridge. He said there is no plan yet on the Longhorn Junction project and it won't go forward until negotiations are held with the County due to the proposed roadways. He said regarding corporations, that issue should go to the Georgetown Utility System (GUS) Board and then come to Council. Regarding creating economic development, there are 4A and 4B corporations already in place. Sattler said he wants information gathering for the public and have that information put into workshops over the next four to five months. Motion by Berryman to instruct staff to look into the Gateway; and the Longhorn Junction issue with a joint meeting with the County regarding the Southwest Bypass; Eason suggested to put the GUS issue on the GUS Board Agenda for discussion and then forward to the Council. Brandenburg reviewed what he would propose as a response to Sattler's requests. He noted there have beeen annexations through the last four years with timelines for completion included in the Capital Improvement Program. He said the Gateway Project will be discussed in January at a workshop; affordable housing is on City Council Meeting Minutes/December 9, 2008 Page 7 of 13 Pages tonight's agenda, he will set up something in the Spring with the County regarding transportation issues; and the GUS Board can discuss municipal corporations and report back to Council. Sansing asked for a workshop on all the aspects involving annexation. Brandenburg noted that he had presented all of that information at two public hearings and at a special meeting with Golden Oaks. Sansing said he wants to know what the City is gaining with the annexations, not just what the property owners will receive. Ross questioned and Carls reviewed portions of the annexation service plans and the timelines for completion of those services, saying they are required within four and a half years, unless the utilities are not provided by the City. Ross asked and staff indicated the City is aware of the total unfunded liability for the annexations done tonight. Polasek displayed a spread sheet that had been provided in the packet. AA Consideration and possible action on a Final Plat of a Resubdivision for Whitetail Subdivision, Section 1, Lot 41 (pt) located at 450 Patricia Road -- Carla Benton, Planner II and Elizabeth Cook, Director of Planning and Development Benton explained the item, saying the Planning and Zoning Commission voted 5-0 to approve. Motion by Brainard, second by Sansing to approve the final plat. Approved 7-0. BB Consideration and possible action regarding an request for disannexation by George Taylor relating to that certain tract of land having the 2008 Williamson County Short ID R038751, and the street address of 3001 N. IH 35 — West Service Road, and located in 2006 Annexation Area No. 41 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item, saying this area was annexed in 2006. With the overhead, he displayed a map showing the annexation area, noting two roads that will be constructed using 4B funds. He noted there are laws applicable to disannexation, saying the property is eligible for disannexation only if city services have not been provided. He explained the services that have been or will be provided, if applicable. Speaker, George Taylor, commended the Council for their patience in listening to all of the information on the previous agenda items. He said he had provided his reasons to the Council explaining his request for disannexation. Sansing asked and Taylor said TOPE asked the City to come to him to donate the land for their holding pond. Brainard asked, aside from the additional property tax, could he explain how he is diminished by being a part of the City. He said he doesn't have the services normally provided by a city. He said he doesn't have a card to the library because he doesn't have a utility receipt. He asked that he be disannexed until such time as basic services are available to his property. Sansing confirmed that he has an agricultural exemption. Oliver clarified that water is planned to be supplied in 2010 or 2011 and that sewer is not required due to the property being over five acres. Taylor said the nearest water is 1.1 mile from his house. He said it would be financially ridiculous for the City to build a waterline from Lakeway to his house. Polasek said there is a line in the CIP to run to the Bowie tract to serve the Three Forks Development. There were other Council questions and comments. Motion by Ross, second by Oliver to not approve the request for disannexation. Berryman said a lot of the area is frontage road along IH35. She said she feels the City needs to have the ability to plan along IH35. Polasek said there was a problem in the past, but the City has derived a solution so that people who don't have a utility bill can still get a library card. Vote on the motion: Approved 6-1. (Sattler opposed) CC Public Hearing/First Reading Public Hearing and First Reading of an Ordinance to adopt the Housing Element of the 2030 Comprehensive Plan -- Jennifer Bills, Housing Coordinator and Elizabeth Cook, Planning and Development Director Garver suggested no action be taken on this item at this meeting and, instead, staff would bring this item forward as a "study" item in January. Bills explained the proposed Housing Element of the 2030 Plan. She said from this plan there are no direct quantifiable costs. She asked Chair of the Housing Advisory Board, Hartley Sappington, to come forward. He City Council Meeting Minutes/December 9, 2008 Page 8 of 13 Pages said he appreciates the Mayor's concern and he welcomes further deliberation at a future less -formal opportunity. He said the consultants have identified specific items for future discussion. He introduced Marjorie Williams. Williams noted that her colleague Eric Fulmer is here also. With an overhead display, Williams said they were tasked with finding suitable housing for families receiving a median income or $57,574. She said there is an adequate supply of houses available for incomes from 43,180 to 57,574. However, below 60% of median income, for example, elementary school teachers, would have a difficult time purchasing a home. She said what this means is those people will be renters. She said job growth is occurring in lower wage service sectors. Mayor confirmed that statistic is for the entire County, not just for the City of Georgetown. She said many people are priced out of rental units in Georgetown, saying there is a projected deficit of 1400 units. Berryman took exception to the statistics being presented. Williams said there are 15 policy recommendations, but listed only some key policies. Brainard asked how the money from the local housing trust fund is spent. Williams said the local municipality can decide how it would be spent, and whether to focus on home ownership or rental. Oliver asked and Williams explained the difference between the use of data for "household" and "individual" incomes. Sansing asked and Williams said the data was from an eight -county region obtained in 2007 from the Texas Workforce Commission. Sansing asked but Williams wasn't able to explain how many households are single -wage earners. The Public Hearing was opened at 8:56 p.m. There were no comments. Mayor announced that the Public Hearing would remain open until such time as Council could continue their deliberations and vote on the first reading. Garver thanked the consultants. DD Second Reading Second Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local Commercial District for 10.55 acres in the Donagan Survey, located at 2451 State Highway 29, also known as 29 Oaks Subdivision -- Jordan Maddox, Planner III and Elizabeth Cook, Director of Planning and Development Maddox said the effective date of this rezoning would be after the annexations on December 31, 2008. He read only the caption of the ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2008-71. Approved 7-0. 9:00 p.m. -- recess and Executive Session 9:14 p.m. -- returned to Open Session Action from Executive Session Motion by Berryman, second by Sansing that the City Council authorize the City Staff to respond to the counteroffer from Aircraft Systems and Manufacturing, Inc. relating to the lease of the real property and improvements located at 302 Toledo Trail consistent with the direction given in executive session last night. Approved 7-0. 2008 Annexation Process Second Readings EE Second Reading of an Ordinance Annexing into the City approximately 18.9 acres in the Wm. Addison Survey and W. Stubblefield Survey for SH 29 ROW, extending from Reinhardt Boulevard for approximately 7,900 feet east to CR 104, referred to as 2008 Annexation Area NE1 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Berryman, second by Oliver to approve Ordinance 2008-72. Approved 7-0. FF Second Reading of an Ordinance Annexing into the City approximately 190.1 acres of land out of the I. Jones Survey and J. Fish Survey, north and east of Lake Georgetown, located west of the Woodlake and Olde Oak subdivisions and south of the Casa Loma Subdivision, referred to as 2008 Annexation Area NW2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2008-73. Approved 7-0. City Council Meeting Minutes/December 9, 2008 Page 9 of 13 Pages GG Second Reading of an Ordinance Annexing into the City a single land parcel in the Wm. Roberts Survey totaling approximately 5.5 acres, located west of Airport Road, and south and east of Berry Creek Section 3; and including approximately 1.9 acres of ROW for Airport Road, referred to as 2008 Annexation Area NW4 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Oliver to approve Ordinance 2008-74. Approved 7-0. HH Second Reading of an Ordinance Annexing into the City approximately 0.52 acres of land out of the N. Porter Survey, located north and east of Northwest Boulevard and west of Northwood Drive, referred to as 2008 Annexation Area NW5 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item, saying there was a small piece of property that was not included in a development agreement signed by the owners, and read only the caption of the ordinance on second reading. Motion by Sansing, second by Eason to approve Ordinance 2008-75. Approved 7-0. II Second Reading of an Ordinance Annexing into the City approximately 166.4 acres of land out of the J.P. Pulsifer Survey, located west of Wolf Ranch Parkway, north of Memorial Drive, east of River Chase Subdivision, and south of the current city limits and Middle Fork of the San Gabriel River, referred to as 2008 Annexation Area NW6 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek said the owners of the property have signed an ag exemption agreement so no Council action is needed, JJ Second Reading of an Ordinance Annexing into the City approximately 112.8 acres of land out of the J.P. Pulsifer Survey and C. Stubblefield Survey, located east of Wolf Ranch Parkway, north of Memorial Drive, and west of the River Hills Subdivision, referred to as 2008 Annexation Area NW7 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Berryman, second by Oliver to approve the Ordinance. Approved 7-0. KK Second Reading of an Ordinance Annexing into the City approximately 18.4 acres of land out of the N. Porter Survey and D. Wright Survey, located south, east and west of the current city limits, and north of River Bend Drive, referred to as 2008 Annexation Area NW8 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Berryman, second by Oliver to approve Ordinance 2008-76. Approved 7-0. LL Second Reading of an Ordinance Annexing into the City a single land parcel, located west of Wolf Ranch Parkway, south of Memorial Drive, and east and north of the current city limits, totaling approximately 0.07 acres in the J. P. Pulsifer Survey, referred to as 2008 Annexation Area NW9 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Brainard, second by Eason to approve Ordinance 2008 -77. Approved 7-0. MM Second Reading of an Ordinance Annexing into the City approximately 7.3 acres of land out of the J. P. Pulsifer Survey, C. Stubblefield Survey and the remaining portion of the Good Luck Subdivision, located south of Memorial Drive and east and west of Simon Road; and including approximately 0.4 acres or ROW for Simon Road north of the current city limits and south of Memorial Drive, referred to as 2008 Annexation Area NW10 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Brainard to approve Ordinance 2008-78. Approved 7-0. NN Second Reading of an Ordinance Annexing into the City the remaining portion of single parcel of land in the J. City Council Meeting Minutes/December 9, 2008 Page 10 of 13 Pages P. Pulsifer Survey, located west of River Chase Boulevard, north of the current city limits, and south of River Chase Subdivision; and including approximately 0.3 acres of ROW of River Chase Parkway, extending from the current city limits north to Memorial Drive, referred to as 2008 Annexation NW11 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Eason, second by Berryman to approve Ordinance 2008-79. Approved 7-0. 00 Second Reading of an Ordinance Annexing into the City approximately 2.4 acres in the J. Berry Survey for SH 195 ROW, extending from Berry Creek Drive north and west for approximately 650 feet, referred to as 2008 Annexation Area NW13 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Brainard, second by Sansing to approve Ordinance 2008-80. Approved 7-0. PP Second Reading of an Ordinance Annexing into the City the remaining portion of a single parcel of land identified as Heritage Oaks Section 1, Block 2; and including approximately 9.8 acres of ROW for Shell Road and Wildwood Drive, buffered by the current city limits, referred to as 2008 Annexation Area NW15 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Sattler to approve Ordinance 2008-81. Approved 6-0. (Berryman absent from the dais) QQ Second Reading of an Ordinance Annexing into the City approximately 30.3 acres of land out of the L.J. Dyches Survey, located north of the SE Inner Loop, west of FM 1460, and south of Inner Loop Commercial Park and Rabbit Hollow Subdivision; and including approximately 0.2 acres of ROW for Snead Drive from the SE Inner Loop north approximately 155 feet, referred to as 2008 Annexation Area SE2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Sattler, second by Eason to approve Ordinance 2008-82. Approved 6-0. (Berryman absent from the dais) RR Second Reading of an Ordinance Annexing into the City approximately 69.1 acres of land out of the F.A. Hudson Survey and L.J. Dyches Survey, including the remaining portions of the B and T Subdivision and Georgetown Technology Park Subdivision, located east of the current city limits, west of CR 116, and north of the W.D. Kelly Foundation Subdivision; and including approximately 5.1 acres of ROW for the remaining portions of Sierra Way and Courtney Drive, and 3,100 feet of CR 116 ROW south from the current city limits, referred to as 2008 Annexation Area SE4 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Oliver to approve Ordinance 2008-83. Approved 7-0. SS Second Reading of an Ordinance Annexing into the City approximately 47.25 acres of land out of the Wm. Addison Survey, located west CR 110, north of SE Inner Loop, and south and east of the current city limits along the Quail Valley Subdivision; and including approximately 4.1 acres of ROW for CR 110 from Quail Valley Dr. to SE Inner Loop, referred to as 2008 Annexation Area SE5. Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Berryman, second by Brainard to approve Ordinance 2008-84. Approved 7-0. TT Second Reading of an Ordinance Annexing into the City the remaining portion of a single parcel of land in the Wm. Addison Survey, located east of SE Inner Loop and north of Carlson Cove., referred to as 2008 Annexation Area SE6 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Oliver, second by Sansing to approve Ordinance 2008-85. Approved 7-0. City Council Meeting Minutes/December 9, 2008 Page 11 of 13 Pages UU Second Reading of an Ordinance Annexing into the City approximately 215.5 acres of land in the Wm. Addison Survey, located east CR 1.10, north and west of SE Inner Loop, and south of the current city limits along the Raintree Subdivision and University Park Subdivision boundaries, referred to as 2008 Annexation Area SE7 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item, saying three of the five owners have filed for ag exemption and the other two have asked to be annexed. He read only the caption of the ordinance on second reading. Motion by Eason, second by Berryman to approve Ordinance 2008-86. Approved 7-0. VV Second Reading of an Ordinance Annexing into the City the remaining portion of several parcels of land in the Wm. Addison Survey surrounded by the current city limits, located east Smith Branch creek, north of University Park Subdivision, west of Summercrest Subdivision, and south of SH 29 East, referred to as 2008 Annexation Area SE8 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development This item was handled early in the Legislative Regular Agenda. WW Second Reading of an Ordinance Annexing into the City approximately 955.3 acres of land out of the I. Donagan Survey, C Stubblefield Survey, J. Thompson Survey and remaining portion of the Church of Christ Subdivision, located north of the current city limits along the South Fork San Gabriel River, east of the Shadow Canyon Subdivision, south of SH 29 West, Legend Oaks Subdivision, First Baptist Church Subdivision, and Legend Oaks Subdivision, and west of the Wolf Ranch Subdivision; and including approximately 24.8 acres of ROW for SH 29 West extending from the current city limits west to the western limits of the Shadow Canyon Subdivision, and D.B. Wood Road from the current city limits south to the termination of the roadway, referred to as 2008 Annexation Area SW1 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Brainard, second by Berryman to approve Ordinance 2008-88. Approved 7-0. XX Second Reading of an Ordinance Annexing into the City approximately 4.6 acres of land out of the D. Wright Survey and J. Pulsifer Survey including approximately 1,300 feet of the North Fork San Gabriel River, located east of the Oakcrest Estates Riverside Unit Subdivision, north of the Georgetown Country Club, west of Country Club Acres Unit 4 Subdivision; and including approximately 0.5 acres of ROW for Spring Valley Road from the current city limits west for approximately 400 feet, referred to as 2008 Annexation Area SW2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Sattler to approve. Sansing asked why the City is annexing parts of the river, and Polasek responded that it includes parts of our trail system. Vote on the motion: Ordinance 2008-89 approved 7-0. Garver noted there would be no annexations next year, but Polasek said there will be an annexation workshop at the beginning of next year to discuss the three- and five-year plans for annexation. YY Sec.551.071: Consultation with Attorney 1. 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 2. Mark Shelton v. City of Georgetown, et al; Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 3. Lear v. Jimmy Lewis Fennell and City of Georgetown, Cause No. A08 -CA -7191-Y, in the United States District Court for the Western District of Texas Austin Division 4. First Citizens Bank & Trust Company v. City of Georgetown, Cause No. D -1 -GN -08-02325, 53rd Judicial District, Travis County, Texas 5. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the "Development Agreement with Forestville -Associates, a Maryland General Partnership, regarding development of Wolf Ranch" dated September 11, 2003 6. Berry Creek Partners v. City of Georgetown , Cause No. 08-767-C277, in the District Court of Williamson County, 277th Judicial District ZZ Sec 551.072: Deliberation about Real Property 1. Consideration and possible action to approve rental rate and Lease Agreement with Aircraft Systems and Manufacturing, Inc. for the real property and improvements located at 302 Toledo Trail -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager AAA Sec.551.074 Personnel Matters City Council Meeting Minutes/December 9, 2008 Page 12 of 13 Pages 1. Discussion and possible action related to the duties and performance criteria of the City Manager Adjournment - .......... ...... ......_ __ _ _ ....__ _ _ _........ .. ...... The meeting was adjourned at 09:39 PM. Approve Attest: j --Z�v C) Mayor Geo a Garver ✓ I y Secreta"ry dra Lee City Council Meeting Minutes/December 9, 2008 Page 13 of 13 Pages