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MIN 12.09.2003 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 resent: Council sent: Patty Eason, Gabe Sansing, Doug Smith, Jack Ken Evans, due to resignation Noble, John Kirby, Farley Snell Paul Brandenburg, City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Trish Carls, City Attorney; Sandra Lee, City Secretary; Amelia Sondgeroth, Director of Planning and Development Services; Clay Shell, Assistant Fire Chief; Ed Polasek, Chief Long -Range Planner; David Munk, Development Engineer; Mark Miller, Transportation Services Manager; Glenn Dishong, Water Services Manager; John Aldridge, Systems Engineering Manager; Melissa McCollum, Development Planner; Carla Benton, Development Planner Called to order at 5:00 P.M. A Joint Workshop with Economic Development Commission regarding a presentation about TASUS Corporation City Manager Paul Brandenburg introduced Henry Carr, Vice Chair of the Economic Development Commission (EDC), who on behalf of Chair Ronald Swain, welcomed Chairman Yasuyuki Ohara and President Melanie Hart of the TASUS Corporation and told them that the EDC is totally in support of the proposal to bring TASUS to Georgetown. He said the EDC stands ready to assist TASUS with start-up and transition. Economic Development Director Mark Thomas introduced Ohara, Hart, and Bart Barkilow, General Manager. Chairman Ohara told the Council that his father had founded Tsuchiya Company in 1950 as a trading company with the United States. He noted that there are 30 Tsuchiya-owned facilities in seven countries, supplying products to the automotive and aerospace markets. He noted that with TASUS, corporate citizenship is a priority. He said they are looking for a community in the southwest, and have narrowed their search to the greater Austin area. He said he feels optimistic about the opportunities in Georgetown. Melanie Hart, President of TASUS Corporation, told Council that TASUS is an exceptional employer. She said TASUS makes a major investment in communities. She acknowledged Walt Barkilow, a Georgetown resident that TASUS has hired to be the General Manager of the Texas branch. She thanked Economic Development Director Mark Thomas, Chamber of Commerce President Mel Penland, City Manager Paul Brandenburg, Finance Director Micki Rundell and Mayor Nelon for their willingness to provide information and assist TASUS. She said she can feel the pride in the community. She said the TASUS Indiana plant is at capacity so a customer base will be brought to the Georgetown facility, including Toyota who has recently located in San Antonio, and other existing customers in EI Paso, McAllen and Shreveport. She said TASUS is a charitable organzation and their employees serve on boards and work in the community. She said they offer their employees a very generous benefit package. She spoke of hoping to be able to make a decision City Council Meeting Minutes/December 9, 2003 Page 1 of 7 Pages tonight as to whether Georgetown would be their chosen location. Thomas told Council that a packet of information about TASUS is available for the public on the table in the back of the Council Chamber or by calling the City. Smith said Georgetown is a community of caring people with more 501 C-3 organizations than any other community this size. Kirby said he is the lone dissenter regarding the incentive package. He said he is concerned about providing incentives for low -paying jobs. He said he is also concerned about the byproducts and substances used in the manufacturing process and has not yet been given informed answers about his concerns. Nelon noted that the majority of the Council has overwhelmingly endorsed the incentive package and said he hopes that TASUS will make the decision to come to Georgetown. B Airport Noise Study Update Airport Manager, Travis McLain, introduced James Harris and David Fisk, representatives from Kaufman and Associates who spoke to Council regarding Chapter 7of the Draft Noise Compatibility Program. James Harris said the Noise Exposure Map has been forwarded to the FAA. Snell reviewed the steps in the process. David Fisk reviewed the elements of the program. He noted that the first six elements reinforce the "Fly Friendly" Program. He explained each element. Regarding the Noise Mitigation Element, he said they are recommending noise mitigation on 27 houses surrounding the Airport, with an allocation of $20,000 per house. C Council Calendar - Special Council Workshop on Monday, December 15, 2003, at 4:00 p.m. - Special Council Meeting on Tuesday, December 16, 2003, at 6:00 p.m. - Special Council Meeting on Friday, December 19, 2003, at 5:00 p.m. - Special Election for registered voters in City Single -Member District 7 on Saturday, December 20, 2003, with early voting from December 3 through December 16, 2003. - Special Council Meeting on Tuesday, December 30, 2003, at 5:00 p.m. - Regular Council Workshop on Monday, January 12, 2004, at 4:00 p.m. - Regular Council Meeting on Tuesday, January 13, 2004, at 6:00 p.m. - Community Meeting on Friday, January 30, at 7:00 a.m. at Georgetown Municipal Complex, San Gabriel Room 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 D Sec.551.071 consultation with attorney - Pending Litigation - Legal Advice Regarding Agenda Items and other Matters E Sec. 551.072 deliberation on real property - Discussion and possible action regarding acquisition of property for downtown parking F Sec.551.087 Economic Development - Discussion regarding economic development prospects regarding automobile manufacturing suppliers 5:44 p.m. -- recessed to Executive Session G Call to Order Called to order at 6:06 p.m. H Pledge of Allegiance Mayor Nelon led the Pledge. Comments from the dais regarding the following items: City Council Meeting Minutes/December 9, 2003 Page 2 of 7 Pages - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. - Board/Commission Vacancies: Announcement of Application Deadline of December 31, 2003, for appointments to be made in February. Mayor Nelon noted the deadline and told the audience that information and applications were available on the table at the back of the Chamber. - One position on the Library Board (expires February 2005) - One position on the Airport Board (expires February 2005) Smith announced that at 12:15 p.m. on Friday, the Caring Place will break ground at their new facility on Railroad Avenue. Announcements and Comments from City Manager Brandenburg Introduced Shelly Hargrove, new Tourism Director, Main Street Manager, and Convention and Visitor's Bureau Coordinator. Brandenburg noted that applications and information regarding the City boards and commissions is available on the table in back of the Council Chamber, and also on website, at City Hall, the Library and other City offices. Brandenburg noted the dates and times of the special council meetings on December 15, 16, 19 and 30. Brandenburg noted that there is information about TASUS on the back table, or people could contact his office at 930-3723. Keith Peshak regarding "obfuscation by city officials." He said the Mayor Pro Tem has requested an investigation into the honesty and integrity of city employees. He complained that the average response time for a 9-1-1 call is 1.5 hours. L Action from Executive Session There was no action from Executive Session. Statutory Consent Agenda M Consideration and possible action to approve the minutes of the Council Workshop on Monday, November 24, and the Council Meeting on Tuesday, November 25, 2003 -- Sandra Lee, City Secretary N Airport Land Leases 1. Consideration of and possible action to authorize the Mayor to approve the assignment of the Jim and Nancy Stugart Trust Airport Land Lease to G. Kent Holiday and Brett Bartschi -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager for Utility Operations (pulled by Snell) 2. Consideration of and possible action to authorize the Mayor to approve the assignment of the Advanced Services, Inc. Airport Land Lease to Plains Capital Bank -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager for Utility Operations O Consideration of an award of annual bid for cold pour crack sealer award to Allstates Coating in the estimated amount of $35,775.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Eason asked and Miller responded regarding other bidders on the bid award. P Consideration and possible action to request authority to apply for the Selective Traffic Enforcement Program (STEP) grant from the Texas Department of Transportation in the amount of $40,000 -- David Morgan, Police Chief Snell asked and Morgan responded that the benefits referred to overtime. Noble asked and Morgan noted City Council Meeting Minutes/December 9, 2003 Page 3 of 7 Pages that officers would be assigned on an overtime basis strictly for traffic enforcement. Speaker, Keith Peshak, spoke again about his confusion in trying to determine the correct number of police cars owned by the City of Georgetown. He claimed that the police department is "top-heavy" in management and doesn't have enough patrol officers to respond to 9-1-1 calls. Q Consideration and possible action to approve a contract amendment between the City of Gerogetown and Camp, Dresser, and McKee, Inc. (CDM) in an amount not to exceed $45,000 for professional services related to the completion of a Water System Vulnerability Assessment and Emergency Response Plan Update -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Motion by Noble, second by Kirby to approve the Consent Agenda with the exception of Item N-1 that was pulled to the Regular Agenda. Approved 6-0. -•-09 III I'll• �- •. N Airport Land Leases 1. Consideration of and possible action to authorize the Mayor to approve the assignment of the Jim and Nancy Stugart Trust Airport Land Lease to G. Kent Holiday and Brett Bartschi -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager for Utility Operations (pulled by Snell) Snell questioned a difference in the lease rate and McLain explained that there will be no business conducted on this site, saying it will be used strictly for storage of aircraft. Snell asked that the rate be adjusted according to market. Motion by Snell, second by Kirby to defer this item to the Airport Advisory Board to retain two tiers and that the number one tier be adjusted. Eason asked to make sure that the assigned leases are paying the proper rates. Smith asked for clarification and McLain explained the difference in the two different hangar rates. Approved 6-0. R Consideration of an award of annual bid for hot mix asphalt to Austin Asphalt in the estimated annual amount of $251,500.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item. Motion by Eason, second by Noble to approve the bid. Approved 6-0. S Consideration and possible action to approve a resolution establishing an access management policy on state -maintained roadways within the corporate limits of the City of Georgetown and the extra -territorial jurisdiction -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs explained this is a revised version of the policy brought to Council at the last meeting. He said there were some changes made regarding shared driveways. He said staff has met with TXDOT officials regarding their proposed driveway access management plan. He said if the City doesn't adopt a local plan, the TXDOT plan will take effect in January. He demonstrated an example of driveway access management with an overhead photograph of the northwest corner of the intersection of Williams Drive and the IH35 Southbound Frontage Road, indicating the City's proposed access. Snell confirmed with Briggs that the City would be in control and fully responsible if Council approves the resolution to establish a local access management policy that could be revised along the way as changes are needed. Briggs noted that appeals may be brought to the Planning and Zoning Commission. There was discussion about the advantages and disadvantages of local access management. Speaker, Larry Kokel, a real estate broker in the area, told Council he would support the City's local access. Motion by Sansing, second by Smith to approve the resolution. Approved 6-0. T Second Readings 1. Second reading of an ordinance of the City of Georgetown renaming Hacia Los Lobos Boulevard and Turkeytail Trail -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief Shell read only the caption of the ordinance on second reading. City Council Meeting Minutes/December 9, 2003 Page 4 of 7 Pages Speaker, Mark Allen, said he is part of Rivery Partners. He said they have no problem removing the name, Hacia Los Lobos, but doesn't want to name the street, Wolf Ranch Parkway, which would be an advantage for their competitors. He suggested the name, Rivery Crossing or Georgetown Parkway. Speaker, Iva Wolf McLaughlin, said they requested to make the change a long time ago and didn't know anyone had any objections. She said two to three miles of the roadway will go through Wolf property. She said Hacia Los Lobos is difficult to pronounce and remember. Sansing said it is tradition that the developer gets to name the streets. He said the change should be approved by the developer. He suggested a neutral name to appease both sides. Shell said he has been working with the Urban Design Group who said as long as it didn't cost them any money, they didn't mind changing the name. Smith said he doesn't think it is fair to favor one developer over the other in naming the road. Carts explained that they could pass the other name change. Motion by Snell, second by Kirby to adopt Ordinance 2003-82 to specifically include the renaming of Turkey Trail to Indigo Lane, but refer Section 2B of the ordiinance, pertaining to the naming of Hacias Los Lobos, back to staff for a suggestion that might be more satisfactory. Approved 6-0. 2. Second Reading of an ordinance providing for the annexation into the of City 9.88 acres, more or less, in the Joseph Thompson Survey, located 100 feet north of and parallel to the approximate center line of the South Fork of the San Gabriel River — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services Polasek read the caption of the ordinance on second reading. He said the service plan has been amended to include a mutually acceptable development agreement for sewer service. Speaker, Paul Linehan, indicated that the service plan has been signed and requested that the City go forward with the annexation. Motion by Snell, second by Sansing to approve Ordinance 2003-83. Motion by Smith, second by Kirby to amend that it is contingent on the approval of Item T-3. Amendment failed. 2-4. (Eason, Sansing, Snell, and Noble opposed) Vote on original motion: Approved 4-2. (Kirby and Smith opposed) 3. Second Reading of an ordinance providing for the annexation into the of City 308.06 acres, more or less, in the Joseph Thompson Survey, Abstract 608, located at 2951 SH 29 Vilest, 2.5 miles West of IH35 — Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Services Polasek explained the item and read the caption of the ordinance on second reading. Speaker, Paul Linehan, said they have tried to do a good land plan for the area and asked Council to vote for annexation. Smith asked if there has been agreement with the Wolf family regarding the mineral rights. Linehan said they have received a counter offer. He said he feels the annexation is not affected by the mineral ownership. Speaker, Iva Wolf McLaughlin, said the mineral and surface owners that she represents have not been considered. She said she is still in negotiatins with Harvard Investments. She asked that annexation be postponed until a final agreement can be reached regarding the mineral and surface rights. Nelon asked how long the negotiations would continue. McLaughlin said the mineral and surface owners had never been consulted regarding the process for annexation. She said the timeframe is up to Harvard Investments. Snell confirmed with Carls that Council has 90 days between first and second reading to complete City Council Meeting Minutes/December 9, 2003 Page 5 of 7 Pages the whole process, and if it is not completed, the process starts over. Kirby confirmed that there would need to be two new public hearings and two new readings of the ordinance. Polasek said there would be a six-month delay if annexation is not done at this time. There was further discussion with Linehan and McLaughlin regarding the timeframe for settlement of the offer for the mineral rights. Motion by Snell, second by Sansing to adopt Ordinance 2003-84. Smith said he would really like to annex the development but is very uneasy about the unresolved mineral rights but he will support the vote tonight. Noble yes. Kirby said he is not willing to take the risk and asked that the issues be resolved before annexation. Approved 5-1. (Kirby opposed) 4. Second Reading of an Ordinance Rezoning of Williams Addition, Block 1, Lot 9 and 10 and .361 acres out of the Nicholas Porter Survey, from RS, Residential Single Family, to OF, Office District, located at 2201 Williams Drive -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Sondgeroth explained the item and read the caption of the ordinance on second reading. Sansing asked for clarification for what could be buiilt on Office Service Zoning. It was confirmed that among other things, offices, personal care, but not another AutoZone. Motion by Snell, second by Eason to approve Ordinance 2003-85. Approved 6-0. 5. Second Reading of an Ordinance Rezoning of .303 acres out of Block 69 of the Lost Addition from RS, Residential Single Family District to OF, Office District, located at 214 West University Avenue -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Sondgeroth explained the item and read the caption of the ordinance on second reading. Motion by Noble, second by Sansing to approve Ordinance 2003-86. Approved 6-0. U Wolf Ranch Tax Increment Reinvestment Zone 1. Consideration and possible action to approve a resolution approving the preliminary Project Plan and Reinvestment Zone Financing Plan for the Wolf Ranch Reinvestment Zone -- Tom Yantis, Assistant City Manager Carls explained the item saying the tax code is very specific in laying of the steps for establishing a zone and the preliminary project plan and reinvestment zone financing plan are required. She noted that Council has actually already approved all of the elements of each plan by approving the Development Agreement. She said this plan implements all of the requirements consistent with the development agreement and the zoning. John Kirby recused himself from participation on this item. Motion by Noble, second by Eason to approve the resolution. Smith said the $15 million subsidy is excessive and will take money out of peoples' pockets. Noble and Sansing said it will put money "in" pockets. Carls noted that this is a tool to give the City flexibility for financing. Approved 4-1. (Smith opposed) (Kirby abstained) 2. Public Bearing to consider the creation of the Wolf Ranch Tax Increment Reinvestment Zone -- Tom Yantis, Assistant City Manager Carls explained the item and the Public hearing was opened at 7:24 p.m. There were no comments. The Public Hearing was closed at 7:24 p.m. 3. First reading of an ordinance designating a contiguous geographic area within the City of Georgetown generally located at the southwest corner of IH 35 and SH 29 West as a reinvestment zone for tax increment financing purposes pursuant to Chapter 311 of the Texas Tax Code and creating a Board of Directors for such zone -- Tom Yantis, Assistant City Manager for Utility Operations Carls read the caption only of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve the ordinance on first reading. Approved 5-0. (Kirby abstained) City Council Meeting Minutes/December 9, 2003 Page 6 of 7 Pages V Consideration and possible action to create and appoint members to the Planning Advisory Committee for the Airport Master Plan Update -- Tom Yantis, Assistant City Manager Brandenburg explained that Council had approved the master plan update and establishment of a Committee. Motion by Smith, second by Noble to approve the members as outlined by the City Manager. Mayor suggested Councilmembers John Kirby, Farley Snell and Gabe Sansing; Airport Boardmembers Mark Dietz and Don Pfiester; residents Penny Burt and Kathy Heidemann; City Staff Members Travis McLain, Ed Polasek and Tom Yantis, and with the Texas Department of Transportation (TXDOT) member appointed by TXDOT. Motion by Noble, second by Smith to approve the Mayor's recommended appointments. Approved 6-0A ULSF " rr-A7 t ,Y t: , g.� o The meeting was adjourned at 07:30 PM. App oed iV ayor Gft Nelon City Council Meeting Minutes/December 9, 2003 Page 7 of 7 Pages Attest: City Secretary Sandra L616