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MIN 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 r City Secretary Sa° dra Lee