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MIN 07.08.2003 CC-W&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: 11 Patty Eason, Gabe Sansing, Doug Smith, Jack 1 Farley Snell Noble, John Kirby, Ken Evans Staff Present:- -- -- — -� -.--- --- Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Trish Carls, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Bobby Ray, Chief Current Planner; and Kevin Stofle, Assistant Police Chief tate _w Called to order at 5:00 p.m. Workshop Discussion regarding the proposed second reading of an ordinance 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 Briggs said the staff and the Impact Fee Advisory Committee wished to use this workshop to further explain the process and provide greater understanding of the method used to determine the new impact fees. He gave the history of the process and noted that the first reading of the ordinance was at the Council Meeting on June 10, 2003, after several required public hearings. Briggs introduced Tony Bagwell of HDR Engineering, Inc. Bagwell, with a slide presentation, explained the purpose of impact fees, saying they are intended to help mitigate rate impacts and help make growth pay for itself. He said impact fees are also a means for providing capacity to allow development. He said there is an obligation for existing development to also help pay for new growth because of the positive contribution that new development brings to the economy of the community. Larry Brown, Chair of the Impact Fee Advisory Committee, talked to Council about the activities of the Committee. He said he felt the Committee had given this issue their time, attention, and their "statesmanship." Nelon asked Briggs to address the multiplier for different meter sizes, based on volume of capacity. Briggs stated the multipliers are standards, based on American Water Works recommendations and equate to the demand on the system. He said a minimum Living Unit Equivalent (LUE) has been established as a 3/4" meter. He said the City has even included a 5/8" meter as a part of the ordinance in order to consider units of less than 1200 square feet, such as duplexes, quadplexes and apartments. He said the multipliers are calculated based on the volume of the demand on the system. He said the City Water System is obligated to have raw water supply capacity, treatment, elevated tanks, lines, and booster pumps to handle whatever size meter is purchased by the customer. Evans asked about the source of the suggested ordinance revisions provided on the dais, Briggs noted that the City Council Meeting Minutes/July 8, 2003 Page 1 of 8 Pages suggested changes are "clean-up provisions" suggested by staff. He reviewed the following suggested revisions: no distinction between commercial and residential; effective date of October 1 (beginning of the City fiscal year); assessment of impact fees for new or expanded development occurring at the preliminary plat stage; and existing approved development plans being "grandfathered" under the existing fee. Dishong gave further explanation to the various reasons for "grandfathering" certain lots. Briggs noted that there is also a clarification of the relief procedure for existing development using septic tanks that allows for payout of the fee by the new wastewater customer for up to 60 months at the current rate of interest. Kirby initiated discussion regarding the determination of square footage for the minimum size 5/8" water meter. Nelon encouraged the audience to stay for the Council's consideration of the second reading of the ordinance at Item Q-1 at the Council Meeting at 6:00 p.m. and welcomed them to address the Council at that time. 5:53 p.m. -- adjourned the workshop Regular Session to convene and continue Executive Session, it necessary Executive Session A There was no Executive Session held at this meeting. Regular Session B Call to Order Mayor Nelon called the meeting 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 Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. - Vacancies on Boards/Commissions -- Mayor Gary Nelon Two vacancies on the Board of Adjustment One vacancy on the Main Street Advisory Board One vacancy on the Parks and Recreation Board Mayor Nelon announced the vacancies. E Announcements and Comments from City Manager Brandenburg announced the Open House at the Georgetown Municipal Complex (GMC) hosted by Georgetown Utility Systems (GUS) and Planning and Development on Wednesday, July 23, 2003, from 5:00 p.m. to 7:00 p.m. F Citizens Wishing to Address Council Keith Peshak, 800 Oak Crest Lane, said he feels the "complaint to the FAA" listed under Executive Session is being kept a secret and should be made public. He said he believes the Council is giving $15 million to Don Dison, so therefore, everyone else should be able to complain and get $15 million also. G Action from Executive Session on Monday, July 7, 2003 Motion by Smith, second by Kirby to authorize the Georgetown files to be transferred from the law firm of Akin, Gump, Strausss, Hauer & Feld, to the law firm of Kaplan, Kirsch & Rockwell due to the fact that the aviation group has left the Akin Gump law firm to form a separate law firm. Approved 6-0. (Snell absent) Statutory Consent Agenda H Consideration and possible action to approve the minutes of the Council Meetings on Monday, June 23 and Tuesday, June 24, 2003 -- Sandra D. Lee, City Secretary I Consideration and possible action to authorize an increase in the purchasing limit for purchases of network servers, software, data communications hardware and supplies from Networking Technologies Resource Center through the State of Texas catalogue -- Dennis Schoenborn, Director of Information City Council Meeting Minutes/July 8, 2003 Page 2 of 8 Pages Technology J Consideration and possible action to authorize the Police Department to apply for the Victim Coordinator and Liaison Grant (VCLG) through the Office of the Attorney General for the position of Victim Services Coordinator -- Kevin Stofle, Assistant Police Chief and David Morgan, Police Chief Kirby asked and Yantis answered that the Victim Coordinator has been a full-time employee position for the last four years. Yantis said the utilization of that service has increased dramatically. He said this is a renewal of a grant received each year to fund the position. Kirby asked and Yantis agreed to determine if there could be coordination with Williamson County regarding funding the position. K Requests for Hotel Occupancy Tax (HOT) Funds 1. Consideration and possible action regarding the recommendation by the Convention and Visitors' Bureau Board for the approval of an allocation of $2000 to the Williamson County Art Guild in Hotel Occupancy Tax (HOT) funds -- Kent Huntsman, Chair of Convention and Visitors Bureau and Charlie Walker, Economic Development Director 2. Consideration and possible action regarding the recommendation by the Convention and Visitors' Bureau Board for the approval of an allocation of $1512 to the Downtown Georgetown Association in Hotel Occupancy Tax (HOT) funds -- Kent Huntsman, Chair of Convention and Visitors Bureau and Charlie Walker, Economic Development Director L Consideration and possible action to approve the Resolution regarding TXU Gas Company Satetewide 2003 Rate Case, Railroad Commission of Texas -- Jim Briggs, Assistant City Manager for Utility Operations and Trish Carls, City Attorney Motion by Noble, second by Sansing to approve the Consent Agenda in its entirety. Approved 6-0. (Snell absent) Legislative Regular Agenda M Appointments to Council -Appointed Boards and Commissions 1. Consideration and possible action to approve the appointments of Amber Hardin and Ann Lockhart to fill vacancies on the Housing Authority and name Bob Horick to fill the position as Chair of the Housing Authority -- Mayor Gary Nelon Nelon noted that the Housing Authority chooses their own Chair, so the Council would not be appointing Horick as the Chair. Motion by Sansing, second by Smith to approve the appointments of Hardin and Lockhart. Approved 6-0 (Snell absent) 2. Consideration and possible action to appoint Amanda Hanson -Emerson and Nicole Hanson -Emerson to the Youth Advisory Board -- Mayor Gary Nelon Motion by Smith, second by Kirby to approve the appointments. Approved 6-0 (Snell absent) N Consideration and possible action to approve a resolution expressing official intent to reimburse costs in an amount not to exceed $1,800,000, for expansion of the Berry Creek Wastewater Treatment Plant, with proceeds from bonds that will be issued at a later time -- Micki Rundell, Director of Finance & Administration Rundell said the bonds would not be issued until later in the calendar year, so this would allow the City to go ahead and get started with the construction. Motion by Kirby, second by Evans to approve the resolution. Approved 6-0. (Snell absent) O Consideration and possible action to approve a resolution expressing official intent to reimburse costs of certain Georgetown Transportation Enhancement Corporation (GTEC) infrastructure projects not to exceed $1,400,000 with proceeds from bonds that will be issued at a later time -- Micki Rundell, Director of Finance & Administration Rundell said the bonds would be issued at a later date, but approval of this resolution would allow the work to proceed with the infrastructure projects. Motion by Smith, second by Noble to approve the resolution. Approved 6-0. (Snell absent) P Consideration and possible action on the unanimous recommendation by the Economic Development City Council Meeting Minutes/July 8, 2003 Page 3 of 8 Pages Commission that City Council approve the budget program request for a 4A Sales and Use Tax Election and place the question on the November 2003 ballot for voter approval -- Henry Carr, Vice Chair of the Economic Development Commission; Dr. Ronald Swain, Chair of the Economic Development Commission; and Charlie Walker, Economic Development Director Swain said in March TIP Strategies outlined a number of recommendations for consideration. He said the role of the Economic Development Commission is one of those recommendations and explained the progress on that issue. He said the Convention and Visitors Bureau has been separated from the Economic Development Department, and the Economic Development Commission is recommending an election in November for a 4A Sales and Use Tax Proposition to fund economic development. He said the Economic Development Commission has discovered that little or no economic retention or recruitment has occurred in the last five years in Georgetown. He said the Commission is concerned about managing and balancing growth to establish a substantial tax base and create jobs. He said the Commission would like to use the one-quarter cent remaining in the allowed sales tax to promote new and expanded business enterprises in Georgetown. He described a timeline to meet the November election timeframe in order to provide education for the voters. Swain said the extra funding from the increased sales tax could help invite further development and retain existing development that would create jobs. He said the Subcommittee has considered several factors and they realize the timeline is aggressive, but feel the election is a priority. He said he recommends a comprehensive workshop to allow economic development experts from other cities of similar size to Georgetown to explain the purpose and need for the increase in the sales tax. Sansing thanked the Economic Development Commission and said he has felt for years that Georgetown needed a 1/4 cent 4A sales tax to allow recruitment for economic development. Motion by Sansing, second by Noble to approve the request from the Economic Development Commission and to place a question on a November 2003 ballot for voter approval to raise the sales tax by one-quarter cent for economic development. Kirby said the City needs a good long-range plan before any further increase in sales tax is supported. He said property tax, sales tax, and utility revenue are the three most important sources of revenue for city services. He said he thinks the remaining 1/4 cent in sales tax should be used to avoid increasing property taxes. He listed several existing developments in Georgetown. He said a comprehensive long-range financial plan needs to be prepared regarding how to use sales tax revenue. Darrick McGill, 901 Alhambra, said he thinks economic development would be the best use for a 4A sales tax. He said there is also matching money to be acquired by cities through 4A corporations. He said because the Council appoints the Board of the 4A Corporation, the Council would have control as to how the money would be spent. Keith Peshak, 800 Oak Crest Lane, thanked Kirby for his insightful observations regarding planning for the future. He said there is explosive growth of government lately. He suggested that the City plan better in the future without raising taxes. Eason suggested that the City Manager's new reorganization plan be given consideration, and said she believes that instead of raising the sales tax, she agrees with Kirby, the City needs to look at the full picture to see where the City is already committed. Evans congratulated Swain and the Committee, but said he is not ready to increase the sales tax in November. He said he is ready for a workshop to discuss economic development. He said there are a lot of questions that need to be considered before the Council could make a decision on going to the voters for an increase in the sales tax. He reminded Council of the previous election to attempt to raise funds for improving the Library, City Hall, and the Community Center. Noble thanked Swain and the Committee, and said because the Legislature is considering limiting municipalities in their sales tax designation, he prefers to go to the voters at this time and will support the motion. Smith said he is not in support of an increase in the sales tax. He said the problem in Georgetown is not growth, but coping with growth. He said the problem in the future is going to be traffic, and he said that money needs to be spent on transportation. He said he feels there is no consensus on the Council and doesn't think an issue should go before the voters if there is no consensus on the Council.. City Council Meeting Minutes/July 8, 2003 Page 4 of 8 Pages Brandenburg said the Economic Development Commission has done a tremendous amount of work, and regardless of the funding mechnanism to be used by the Economic Development Department, the work done by the Economic Development Commission will continue to come forward to the Council. Dr. Swain said the challenge for the Economic Development Commission is to prepare for the future and not have to "react" to the future as so many other cities have to do. Sansing said he agrees with everyone on the Council, but feels now, more than ever, the 1/4 cent sales tax is needed. He suggested that if November is too soon, then maybe at the next available election date. He reminded Council that this is a "sales" tax that would be shared by others, not just citizens of Georgetown. Vote on the motion: 2-4. Motion failed. (Eason, Evans, Kirby, and Smith opposed)(Snell absent) Brandenburg noted that forecasting future sales tax revenue has been included in the proposed budget for 2003-2004. Evans reminded Council that the Nore Winter Plan for downtown also needs to be considered. O Second Readings 1. Second Reading of an ordinance 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 on second reading. He reviewed the suggested changes to be incorporated on second and final reading. Jack Hunnicutt, 26 Meadows End, said this is a very complex issue and he recommended that Council vote for the Committee's recommendation of a $4,164 impact fee. He explained the calculations of the multipliers and suggested that the Council approve the lower amount in order to address some of the inadequacies in the model. Larry Morgan, 308 Rio Bravo, said he thinks new home buyer's shouldn't be penalized. He reminded Council that Georgetown is competing with other communities. He said the "roof tops" are going to support the development that comes in such as shopping centers like Wolf Ranch. He asked Council to consider a dollar amount that is equitable to both sides. He said he thinks the Committee's recommendation is also too high. Darrick McGill, 901 Alhambra, told Council he agrees with the Committee recommendation. James Giddens, Lennar Homes, told Council he sold almost 100 homes last year and the majority of those homes were sold to first-time home buyers. He said a $5,000 increase in impact fees would translate to a $6,000 increase to his customers, and on a $160,000 home, would amount to almost $60 increase per month in their mortagage payment. He said he feels the maximum increase in impact fees could push many homes to above the FHA loan limit which is currently $177,650 to a sales price of $183,145. He asked that the Council consider the Committee's recommendation and asked that they consider preliminary plats as "grandfathered." Brook Bulow, Public Policy Director for the Homebuilders' Association of Greater Austin, provided handouts to the Council and asked the Council not to increase the impact fees to the maximum amount. She said profit margins for most of the builders are around 5% at best. She said 87% of the members of the Association are small business people and fee increases affect their ability to do business in this community. She said one of the main missions of the Homebuilders' Association (HBA) is affordable housing. She said in the local region when a median -priced home goes up by $1,000, more than 1400 people are priced out of buying that home. She said State statutes require that a credit be applied when calculating impact fees. She said the HBA has determined that the credit wasn't done, and she called Council's attention to the copy of the letter she provided on the dais. City Council Meeting Minutes/July 8, 2003 Page 5 of 8 Pages Nelon noted that the impact fees had not been reviewed or revised by the City since 1995, so any increase at this time would seem very large because of the long period of time and so many demands on the infrastructure of the area. He acknowledged that the Committee had spent a lot of time to arrive at what they believe is a good recommendation for the impact fee. Evans said the people on the Committee were outstanding in their qualifications and in their considerations of the people of Georgetown, and they have done the best job that he thinks could be done. He said he would vote for the recommendation from the Committee. Noble, Smith, and Sansing shared that they would also support the recommendation of the Committee. Motion by Sansing, second by Evans to approve Ordinance No. 2003-39, including the suggested revisions (as read by Briggs) and a review at least every three years. Kirby said he thinks the ratepayers are being overlooked and he will continue to support the balance between the amount to be charged and the amount that it will actually cost the City. Smith said, as a community, costs are shared. Nelon said this increase should be looked at as an incremental "step" toward the actual cost. Keith Peshak, 800 Oak Crest Lane, said there is a spectrum as to how to pay for things. He said the City has had this problem at the Airport and now it is city-wide. He said at one end of the spectrum are the people who want "it," and at the other end are the people who live here now and can be made to pay to put all the infrastructure in place. He said right in the middle of the two extremes is where "everybody pays equitably and fairly." He said he believes this Council usually goes for having the existing people pay for all the costs of all the new infrastructure to attract the new people. Vote on motion. Approved 5-1. (Kirby opposed)(Snell absent) Second Reading of an Ordinance amending the 2002103 Annual Operating Plan Element (budget) for various adjustments relating to staff additions in the Police and Economic Development Divisions, capital projects and geographic information systems contracts -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Rundell explained the reason for the adjustments and read only the caption of the ordinance on second reading. Keith Peshak, 800 Oak Crest Lane, told Council he once was a police officer, and generally is in favor of supporting funding for that purpose, but he said there are a large number of squad cars in Georgetown and they are being given to the officers as personal -use vehicles. He suggested that expenses be looked at to make sure they are justifiable. Joe Pondrom, 306 River Ridge, thanked the Council for their service, particularly for "all they have to sit through and listen to." He said he particularly thanked them for listening to Mr. Peshak, since by his calculations, Peshak is not a taxpayer in the City. He said Peshak always has a lot to say about the way the City spends money, and that is not up to him. Smith and Sansing questioned the funding of the motorcycle traffic officers from fines collected and Rundell replied that the projected figures are conservative. On the funding for the GIS service, Sansing questioned why not use a full-time employee and not a contractor. Rundell and Yantis responded that the particular task is for a GIS service for 9-1-1 addressing that is currently not being performed in Georgetown right now. Noble said the motorcycle officers should be revenue neutral, saying that the goal is not to raise revenue, but to keep people from speeding. Sansing recounted an incident where he witnessed a motorcycle officer turning around and catching a speeder on University where a patrol officer would not have been able to turn. Nelon noted that previously separate motions have been passed for each of these expenses. He said this particular item tonight is just to clean up the budget document and this is a second reading. Motion by Evans, second by Noble to approve Ordinance No. 2003-40. Approved 6-0. (Snell City Council Meeting Minutes/July 8, 2003 Page 6 of 8 Pages absent) 3. Second Reading of an ordinance amending Chapter 8.12 of the Georgetown Municipal Code relating to "Food Sanitation Regulations" -- Trish Carls, City Attorney Carls noted that the "positive grading" that Council had requested on first reading is already being done. She displayed an example and said the Health District already provides a complimentary sticker for the window that denotes good scores on food sanitation. Carls read only the caption of the ordinance on second reading. Motion by Sansing, second by Noble to approve Ordinance No. 2003-41. Approved 6-0. (Snell absent) 4. Second Reading of an ordinance amending Section 2.56.050 of the Georgetown Code of Ordinances relating to the duties of the Airport Advisory Board -- Councilmember Farley Snell Yantis read only the caption of the ordinance on second reading. Keith Peshak, 800 Oak Crest Lane, repeated his problems with the Airport. Motion by Kirby, second by Evans to approve Ordinance No. 2003-42. Approved 6-0. (Snell absent) Second Reading of an Ordinance to authorize the establishment and use of a cemetery within two miles of the City's municipal boundaries pursuant to S.B. 667 -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Development Services Carls read only the caption of the ordinance on second reading. Keith Peshak, 800 Oak Crest Lane, told Council about a crash of a Boeing 737 today where 100 people were killed. He reiterated his opinion of how plane crashes will destroy subdivisions, schools, and churches in Georgetown, and suggested that the City would need plenty of cemetery space. Motion by Smith, second by Sansing to approve Ordinance No. 2003-43. Approved 6-0. (Snell absent) 6. Second 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 Current Planner and Amelia Sondgeroth, Director of Development Services This item was pulled for consideration at the July 22 Meeting. R First Readings First Reading of an ordinance amending Chapter 10.16 of the Code of Ordinances regarding parking to establish a "No Parking Zone" on portions of North Austin Avenue -- Kevin Stofle, Assistant Police Chief and David Morgan, Police Chief Stofle read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. He noted that this "no parking zone" is on state-controlled right of way. He said the Police Department spoke with the Texas Department of Transportation (TXDOT) about this ordinance. He said the ordinance talks about a "no parking zone" on North Austin Avenue from the entrance to the City Recreation Center to FM971. He said TXDOT has placed signs around the corner along FM971. He said Council could include that distance in the ordinance as well. Smith clarified that there is parking available other than on the side of the road. Evans asked that Public Information Officer, Keith Hutchinson, put a map in the newspaper showing the locations for parking. Brandenburg said staff has notified coaches to assist in informing the public, since many of the previously parked cars belong to family members and players of soccer teams. Sansing said he feels more parking is needed everywhere in Georgetown. Motion by Sansing, second by Smith to approve the ordinance on first reading. Approved 6-0. (Snell City Council Meeting Minutes/July 8, 2003 Page 7 of 8 Pages absent) Stofle said the wording on second reading will be modified to include all the area where TXDOT has placed signs. 7:59 p.m. -- motion to adjourn jou eh The meeting was adjourned at 07:59 PM, ApprQi;ed 'RAor Gdrv' Kelon�- City Council Meeting Minutes/July 8, 2003 Page 8 of 8 Pages Attest: V City Secretary Sandra Lee