HomeMy WebLinkAboutMIN 06.10.2003 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
Gary Nelon presiding.
Council Present: Council Absent:
Patty Eason, Gabe Sansing, Jack Noble, John Doug Smith
Kirby, Farley Snell, Ken Evans
Staff Present: -----
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant Cikty
Manager for Utility Operations; Jo Christy Brown, City Attorney; Sandra Lee, City Secretary; Micki
Rundell, Director of Finance and Administration; David Morgan, Police Chief; Bobby Ray, Chief Current
Planner; Travis McLain, Airport Manager; Kevin Stofle, Assistant Police Chief
Policy Development/Review Workshop
Regular Session to convene and continue Executive Session, if necessary
Executive Session
A Sec.551.071 consultation with attorney
- Pending Litigation
- Thomas L. Suarez, Jr. vs. city of Georgetown, Texas, City of Georgetown Police Department, Georgetown Police Sgt.
Kelly Devoll, Georgetown Police Officer Jack Lacey, Matt Painter, Brian Grubbs, Cause No. 03-113-C368 in the 368th
Judicial District Court of Williamson County, Texas
- Matthew Painter and Brian Grubbs, Plaintiffs v. David Morgan, Individually and in his Official Capacity as Chief of
Police of the Georgetown Police Department; Robert Hernandez, Individually and in his Official Capacity as Captain of
the Georgetown Police Department; Gary Todd Terbush, Individually and in his Official Capacity as Lieutenant of the
Georgetown Police Department, Georgetown Police Department, and the City of Georgetown, Defendants, Cause No.
A03-CA-014JN, In the United States District Court for the Western District of Texas, Austin Division.
- in the Matter of the Complaint of Oncor Electric Delivery Company Against Certain Cooperatives and Municipal Utilities
and Petition for Enforcement of Financing Order, Docket No., before the Public Utility Commission of Texas (2003)
- Potential Litigation/Settlement Offers
- Don L. Dison Complaint to FAA
- CTSUD regarding Water Quality Land Application for Proposed Permit No. 14371-001 before the TCEQ
- Legal Advice Regarding Agenda Items and other Matters
- Legal issues related to the proposed SIMON Development Agreement for Wolf Ranch Project
B Call to Order
The meeting was called to order at 6:00 p.m.
C Pledge of Allegiance
Mayor Nelon led the Pledge.
D Comments from the dais regarding the following items:
- Welcome to Audience and Opening Comments -- Mayor Gary Nelon
City Council Meeting Minutes/June 24, 2003
Page 1 of 7 Pages
Mayor Nelon welcomed the audience and gave a brief outline of the meeting procedures.
- Two vacancies on the Board of Adjustment -- Mayor Gary Nelon
- One vacancy on the Main Street Advisory Board -- Mayor Gary Nelon
Mayor Nelon announced the vacancies.
Mayor Nelon announced that Item O was pulled from consideration.
Announcements and Comments from City Manager
Brandenburg made the following announcements:
1. The City has won the 2003 TAMI Award for Outstanding Achievement in the category of
website design for cities of less than 100,000 population from the Texas Association of
Municipal Information Officers.
2. The City now provides a Spanish version of the website at espanol.georgetown.org because
nearly 17% of the Georgetown population speaks Spanish.
3. The Certificate of Occupancy for Home Depot has been issued and there will be a June 19
Grand Opening.
F Citizens Wishing to Address Council
- Rich Bartko, 4106A Sequoia Trail West, regarding the "Williamson County Art Guild's presence and
contributions to the welfare of the community."
Bartko, President of the Williamson County Art Guild, asked Council for support for the Art Guild
from the City's Social Service Funding Program.
- Kendall Young, 140 Scissortail Trail, regarding the "Williamson County Art Guild's presence and
contributions to the welfare of the community."
Young gave a slide presentation and spoke to Council about the Williamson County Art Guild.
- John Gavurnik, 2004 Williams Drive, regarding: "incentives for local builders for downtown development."
Gavurnik said he has heard a lot of support for incentives to build in downtown Georgetown. He
said he would volunteer to work with the Council to work out incentives for builders to build
downtown. He said his project as well as others could use help with sidewalks and improve
streets. He said he would like to see his project included in the Tax Increment Finance District.
He also volunteered the help of Don Martin.
Nelon and Evans said the Council would take advantage of his offer.
- Keith Peshak, 800 Oak Crest Lane, regarding: "Let's review data provided by Don Dison at the last council
meeting to allow us to accurately calculate the actual financial impact to the city of the Farley Snell motion,
passed 4:3 by council, to take millions and millions of future taxpayer liability and turn it to cash for a
Georgetown resident"
Peshak complained of Don Dison's response to his address to Council at the last Council Meeting.
He also noted to Council a problem with a repair job that he said Don Dison had performed, which
he alleged could have caused a fatal accident. He said it is his opinion that the City will lose $15
million dollars if they allow Don Dison to build and rent the hangars.
- Renee Hanson, 1252 Austin Avenue, regarding "acknowledgement of application as Main Street Hero."
Hanson noted that, at the last Council Meeting, when she was recognized by the Mayor for having
won the award, she failed to thank the Main Street Advisory Board for their submission of the
application.
G Action from Executive Session
There was no action from Executive Session.
H Consideration and possible action to approve the minutes of the Council Meeting on Tuesday, May 27,
2003 -- Sandra D. Lee, City Secretary
Forwarded from Georgetown Transportation Enhancement Corporation (GTEC) Board
Consideration and possible action to approve a contract amendment to the existing Professional Services
Agreement between the City of Georgetown and HDR Engineering, Inc., to provide professional engineering
services related to miscellaneous transportation work, not to exceed $24,500 -- Mark Miller,
Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations (pulled by
City Council Meeting Minutes/June 24, 2003
Page 2 of 7 Pages
Patty Eason - see Regular Agenda below)
Consideration and possible action to approve the purchase of Acuity Computer Aided Dispatch (CAD)
Upgrade utilizing salary saving funds in the amount of approximately $25,000 -- David Morgan, Police Chief
K Consideration and possible action to authorize staff to revise the Airport "Fly Friendly Program" at a cost
not to exceed $4,000.00 -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager
Keith Peshak, 800 Oak Crest Lane, said that this item is really about a dangerous lowering of the minimum
approach altitude to the airport. He said he feels the Fly Friendly Program is dead.
Penny Burt, 3803 Roble Grande Circle, said there is a difference of opinion regarding the
minimum/maximum approach altitudes. She said she wasn't sure the altitudes listed were correct and
suggested that Council take their time before approving, and suggested that the Fly Friendly Program be
advertised in all the places where pilots will see it, such as charts, handbooks. and aviation websites.
Motion by Noble, second by Sansing to approve the Consent Agenda with the exception of Item 1, pulled to the
Regular Agenda. Approved 6-0.
Forwarded from Georgetown Transportation Enhancement Corporation (GTEC) Board
Consideration and possible action to approve a contract amendment to the existing Professional Services
Agreement between the City of Georgetown and HDR Engineering, Inc., to provide professional engineering
services related to miscellaneous transportation work, not to exceed $24,500 -- Mark Miller,
Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations (pulled by
Patty Eason)
Eason asked Briggs to explain how this item fits into the "bigger picture." Briggs gave a brief outline of the
procedure involving the GTEC Board. He said this item allows HDR to do the research and investigation
regarding miscellaneous transportation work suggested by the GTEC Board because it saves time rather
than adding to the workload of the staff. He said nothing is charged to the City unless there is a work
authorization. Noble reiterated that this gives GTEC the ability to authorize projects that staff doesn't have
the time or the expertise to handle.
Motion by Sansing, second by Eason to approve the amendment to the contract with HDR Engineering,
Inc. for miscellaneous transportation work. Approved 6-0.
Public Hearings/First Readings
1. Public Hearing to consider the amendment of land use assumptions, a capital improvements
plan, and imposition of an updated impact fee for new or expanded services from the
Georgetown Utility Systems' water and/or wastewater utilities -- Micki Rundell, Director of Finance
and Administration and Jim Briggs, Assistant City Manager for Utility Operations
Briggs explained the procedure that was followed regarding the public hearing. He said area
builders have been involved in the process, and have provided feedback; and there was good
representation on the Committee from the trades area and individual homeowners. He said in the
GTEC Public Hearing, held earlier this evening, there were questions regarding the map, saying
the fee will only be assessed in the Georgetown Service Area. He introduced Grady Reed from
HDR Engineering who did a slide presentation regarding the findings of the Impact Fee
Committee. He said "impact fees" are designed to allow new development to pay for itself. He
noted that the Council will be advised by the Committee as to the amount of the fee, and the
Council will be able to approve that fee, a part of that fee, or no fee at all. He said the existing fee
is $1400 and a new maximum would be $6500. He said the Committee recommendation is
$4,165. He said compared to other cities, this new fee would be "about in the middle;" lower than
Buda, Cedar Park, Leander, Jonah SLID (water only) and Chisholm Trail SUD (water only). Sonny
Kretzschmar of HDR addressed Council's questions about the fees of the other cities. It was noted
that if Council adopts less than the maximum fee, the difference would be passed along to all utility
customers.
The Public Hearing was opened at 6:51 p.m.
City Council Meeting Minutes/June 24, 2003
Page 3 of 7 Pages
John Gavurnik, 20124 Westlake Parkway, spoke about his past service on the Building Standards
Commission and the Committee that worked with the consultant for the UDC, saying a lot of the
items they worked with added costs to building fees. He said he is currently working with staff on
new construction standards which will probably add more costs to building fees. He said he stili
supports a change to $4,165.00. He said the increase will most affect affordable housing.
Evans asked if the fees could be tiered to a percentage of the cost of the house. Gavurnik said
that the larger, more expensive houses with sprinkler systems, etc. do pay more because the fee
is tied to the size of the water meter. There was discussion regarding setting reduced fees in
designated zones. There was also discussion regarding the fee being graduated according to the
size of the water meter.
Larry Brown, 216 Deep Wood Drive, Chair of the Impact Fee Committee, said the Committee
came to its conclusion after much deliberation with a decision that they thought would be in the
best interest of the City. He said the reason to be concerned about where Georgetown compares
with other cities is to prevent deterring growth. He said the new rate payers will be paying two
ways: once in the upfront fee and again through rates to offset debt service associated with any
debt that is applied on the new facility.
Keith Peshak, 800 Oak Crest Lane, said he thinks this is the same problem about growth and who
pays the expense. He compared this item to expansion at the airport and told Council who he
thinks is paying for that.
The Public Hearing was closed at 7:08 p.m.
First Reading of an ordinance of the City Council of the City of Georgetown, Texas amending
Chapter 13.32 of the Code of Ordinances relating to impact fees to include the updated Capital
Improvements Plan and the Future Land Use Plan; to revise the amount of the impact fees and to
include in the impact fee calculation, if applicable, a credit from utility revenues; to revise credits
for developer -funded projects; and to update the provisions pertaining to time for assessment and
collection of impact fees to reflect changes in state law -- Micki Rundell, Director of Finance and
Administration and Jim Briggs, Assistant City Manager for Utility Operations
Briggs read only the caption of the ordinance after having satisfied the requirements of the City
Charter. Motion by Evans, second by Eason to approve the ordinance on first reading.
Snell said he thinks new growth should pay the full cost, and rates should not be raised for
everyone else. There was further discussion about the calculation of debt service in the rate.
Eason said she would prefer that these fees be reviewed every three years.
Kirby said he would rather compare the maximum rate for Georgetown against the maximum rate
for the other cities. Rundell said it would take staff some time to research that information. He
asked how much revenue has been received in 1996 compared to the amount that was needed.
Rundell noted that maintenance projects require more of the capital funds than previously. Nelon
asked and Rundell responded that the City actually has received $4,488,239 when they should
have charged $13,937,116. She said the rate payers paid the difference of $9,448,877.
Snell asked and Larry Brown explained the parameters used for the Committee making their
recommendation. He said if there is no growth, nothing will be collected to use to build
infrastructgure or provide service. He said the new rate payers will pay part of the cost upfront and
part of it through their rates.
Briggs said the water fund has the ability to capture higher rates for customers that are demanding
larger amounts, but the wastewater fund has no ability to receive extra.
Sansing compared the size of the infrastructure for affordable housing with the size needed for
lower density housing. He also said the infrastructure cost west of town would be more expensive
because of the rock in which the pipes need to be placed. He said he thinks Georgetown needs
industry more than it needs new "roof tops." He compared the costs of impact fees and water
meters.
City Council Meeting Minutes/June 24, 2003
Page 4 of 7 Pages
Motion by Snell, second by Evans to amend the previous motion to add the provision of a
three-year review. City Attorney, Jo Christy Brown, clarified that Snell is seeking to make it "at
least" every three years.
Sansing pointed out that rates are negotiable for commercial development. Briggs confirmed that
fees can be waived by the Council for specific users.
Noble said growth is going to happen and will need to be paid for and he would rather see it come
from new development than from existing rate payers.
Vote on the Amendment: Approved 4-2 (Kirby and Sansing opposed)
Motion by Kirby, second by Sansing to further amend the amended motion to approve the
maximum rate. Approved 4-2. (Evans and Noble opposed)
Vote on the Original Amended Motion: Approved 5-1 (Evans opposesd)
Evans thanked the Committee for their work.
7:46 p.m. -- recessed
7:53 p.m. -- resumed Open Session
3. Public Hearing to consider the Rezoning of 1.0818 acres, described as Block B of the South
San Gabriel Urban Renewal Tract from MF Multi -Family District to C-1, Local Commercial
District located on the south side of West University Avenue (SH29) between Scenic Drive and
Railroad Street -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of
Planning & Development
Ray explained the item and said the applicant is asking to rezone for a restaurant. He said the
Planning and Zoning Commission unanimously recommended approval of the rezoning.
The Public Hearing was opened at 7:55 p.m.
Rusty Winkstern, relinquished his speaking time to Clark Lyda.
Clark Lyda, 800 S. Austin Avenue, noted that his was the first new construction permit in several
years when he invested $12 million and built the Monument Cafe. He said there is no room for
expansion at the current location and he considered rezoning over two months ago when the
"subsidies" to Wolf Ranch were not public. He said he expected to compete on a 'level playing
field." He said he will be paying a higher occupancy cost for his restaurant than the new developer
will pay at the shopping center. He said he viewed the cost of building his facility as money the
City needed to serve its residents. He said he is now determining whether he wants to continue to
develop in Georgetown. He said he feels he is being forced to subsidize his competitors. He said
he feels the City is favoring out-of-state competitors over local business.
Hearing no further comments, the public hearing was closed at 8:03 p.m.
4. First Reading of an Ordinance to Rezone 1.0818 acres, described as Block B of the South San
Gabriel Urban Renewal Tract from MF Multi -Family District to C-1, Local Commercial District
located on the south side of West University Avenue (SH29) between Scenic Drive and Railroad
Street -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning &
Development
Ray read the caption only on first reading of the ordinance after having satisfied the requirements
of the City Charter. Motion by Snell, second by Kirby to approve the rezoning on first reading.
Approved 6-0.
M Consideration and possible action to appoint Marlene McMichael to the position of Alternate on the
Planning and Zoning Commission -- Mayor Gary Nelon
Motion by Sansing, second by Evans to approve the appointment. Approved 6-0.
City Council Meeting Minutes/June 24, 2003
Page 5 of 7 Pages
N Consideration and possible action to approve a resolution approving the Additional Project List as an
amendment to the adopted 2002/03 Budget for the Georgetown Transportation Enhancement
Corporation (GTEC) in the amount of $1,700,000 -- Micki Rundell, Director of Fianance and Administration
and Jim Briggs, Assistant City Manager for Utility Operations
Rundell explained the item and noted that a public hearing was held on this item by the Georgetown
Transportation and Enhancement Corporation (GTEC), as required by law. Motion by Evans, second by
Sansing to approve the resolution approving the amendment to the 2002/03 Budget for the Georgetown
Transportation Enhancement Corporation.
Snell confirmed that at the point of contract this would come back to the Council. Sansing said he thinks
there will be research done to see whether others are willing to participate in the proposed projects.
Vote on the motion: Approved 6-0.
O Consideration and possible action to approve a contract amendment to the existing Professional Services
Agreement between the City of Georgetown and HDR Engineering, Inc., to provide professional engineering
services related to the Southwest SH29 Bypass -- Mark Miller, Transportation Services Manager and Jim
Briggs, Assistant City Manager for Utility Operations
This item was pulled from consideration.
P Consideration and possible action to authorize staff to request the FAA to consider changing the traffic
pattern for Runway 29 from standard left-hand traffic to non-standard right-hand traffic as a safety and
noise mitigation measure -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager
Kirby asked that someone speak about the Fly Friendly Program after this item is handled.
McLain explained that the Airport Advisory Board is recommending this item as a noise mitigation measure.
He introduced Airport Advisory Board Member Don Pfiester who explained the purpose of the item. Pfiester
said the Airport Board is trying to shift the location for some of the noise and put more of the air traffic over
unpopulated areas. He said the current pattern goes over four schools, and by shifting the pattern to
right-hand, the schools can be avoided. He noted that this will be forwarded to the FAA for their approval.
Nelon asked Pfiester to explain the Fly Friendly Program. Pfiester said it was begun in 1998 by a prior
Airport Board who devised a list of noise mitigation procedures that were printed in a letter from Airport
Manager, Travis McLain, combined with a map. He said the Program hasn't seen much emphasis in the
past, and said an Airport Board Subcommittee has suggested some revised proposals and a method of
communication. McLain distributed to Council copies of the current brochure and a new map to be used if
Council approves. Pfiester said a mail -out will be sent to all registered area pilots, and new signs will be
printed to remind pilots to think about noise when they are taking off at the Georgetown Airport. He said the
information will be advertised in the newspaper and on the City of Georgetown website as well as in various
flight publications.
Penny Burt, 3803 Roble Grande Circle, said she should probably support it because it will help her, but she
is concerned about her neighbors to the north. She said there are abatement measures in the Kaufman
Report and said it was noted that there would be minimal noise mitigation by changing the traffic pattern.
She asked Council to consider this abatement when other abatements are considered. She said, however,
if there are safety mitigations created by this plan, then this plan should be approved at this time.
Keith Peshak, 800 Oak Crest Lane, said the noise study says there is "no noise" and now the traffic pattern
is going to be changed because of the noise. He compared changing the air traffic pattern to passing a law
that all trucks and cars should drive on the left side of the road instead of the right. He said when someone
who doesn't know that the traffic pattern has been changed collides with someone who is obeying the new
traffic pattern the collision will occur above the Ninth Grade Center.
Nelon confirmed that if the Council approves this item, it will be forwarded to the FAA for their study.
Noble asked and McLain explained that there is a notification process. He said there will always be people
who don't know, but the Unicom people at Georgetown Airport will advise them.
Motion by Noble, second by Kirby to approve the change of traffic pattern.
City Council Meeting Minutes/June 24, 2003
Page 6 of 7 Pages
Sansing confirmed that this would establish the same "ground track"/traffic pattern as is currently used on
the other runway. He said he doesn't see how the change will improve things. Pfeister explained that for
safety reasons he thinks it will be much better.
Vote on the Motion: Approved 6-0.
Q Consideration and possible action to approve the addition of two police officers to the Georgetown Police
Department's Traffic Unit to complement the Comprehensive Traffic Management Plan -- David Morgan,
Police Chief
Morgan explained the item and noted that this was discussed at the workshop last night. Rundell said there
is money out of fund balance to purchase the bikes, the hiring would be done after the bikes have arrived,
probably August. She noted there are salary savings for vacant positions at the Police Department this
year from which to fund the program. Motion by Evans, second by Sansing to approve the addition of the
two police officers. Approved 6-0.
R Second Readings
1. Second Reading of an ordinance of the City Council of the City of Georgetown, Texas, amending
Chapter 6.16 of the Code of Ordinances pertaining to "Peddlers and Solicitors" to prohibit
peddling and soliciting in public streets; and adding new Section 9.12.030 to the Code of
Ordinances prohibiting panhandling in public streets -- Kevin Stofle, Assistant Police Chief and
David Morgan, Police Chief
Stofle read only the caption on second reading and explained the changes made since the last
reading, saying what is now being addressed is "just curb -to -curb." Brandenburg pointed out that
the language of the ordinance means that solicitors cannot be in the median. Motion by Noble,
second by Kirby to approve Ordinance No. 2003-36. Approved 6-0.
2. Second Reading of an ordinance closing the Public Hearing and levying the assessments for the
cost of certain improvements in the Georgetown Village Public Improvement District #1-- Patricia
E. Carls, City Attorney
Jo Christy Brown read only the caption on second reading. Motion by Evans, second by Sansing
to approve Ordinance No. 2003-37. Approved 6-0.
8:33 p.m. -- motion to adjourn
The meeting was adjourned at 08:33 PM.
Apped : 1
`Mayoary Nelon
City Council Meeting Minutes/June 24, 2003
Page 7 of 7 Pages
Attes
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City Secretary Sa° dra Lee