Loading...
HomeMy WebLinkAboutMIN 02.28.2012 CC-RMinutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, February 28, 2012 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Patty Eason, Danny Meigs, Bill Sattler, Pat All Council Present. Berryman, Tommy Gonzalez, Rachael Jonrowe, Troy Hellmann Staff Present: Paul E. Brandenburg, City Manager; Bridget Chapman, City Attorney; Jessica Brettle, City Secretary; Micki Rundell, Chief Financial Officer; Jim Briggs, Assistant City Manager; Laurie Brewer, Deputy City Manager; Kevin Russell, Human Resources Director; Susan Morgan, Finance Director; Lorie Lankford, Controller; Minutes Regular Session - To begin no earlier than 06:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) A Call to Order -- Mayor called the meeting to order at 6:17 PM Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports - CAMPO Mayor said he has nothing to report from CAMPO other than the fact that Ed Polasek is now the Vice Chair for the technical advisory committee. - Lone Star Rail District Eason said the LSTAR Board of Directors will be meeting this coming Friday morning in San Marcos, so she will have updates to report at the next City Council meeting. City Manager Comments May 12, 2012 City Election The Georgetown Swirl The Heart & Stroke Healthy City Recognition Program Award - Brandenburg introduced Rob Hardy of the Williamson County and Cities Health District Hardy said their district Board of Directors and staff is proud of the cities participation in the 2011 Healthy City Assessment. He said the Heart and Stroke Healthy City Program is based on initiatives improving physical activity and eating habits He noted this would not be possible without the help of the City of Georgetown He spoke about the aspects of the City Council Meeting Minutes/ Page 1 of 12 Pages City that show the importance of health in the community. Marie Benedict and Louis West introduced themselves and presented the award to the City of Georgetown. Benedict spoke about the assessment and how the City was able to receive this award. She recognized the Community Development Director, Kimberly Garrett for her help. Boys and Girls Club "Helping Hand" Award - Daniel Anstee said he is here to present another award to the City. He said, last week, they had their annual banquet and the City was honored at that event for the Partner of the Year Award. He read the award to the City Council. He said, of the five communities in the Boys and Girls Club of Central Texas, this community supports the Boys and Girls Club more than the other communities. Anstee thanked the City for everything it has done to support the Boys and Girls Club and presented the award to Mayor Garver. Mayor spoke about the Boys and Girls Club and said an organization is no stronger than the leadership it receives and noted Anstee is one of the most dedicated people he's ever met in his life. He spoke about how the club is expanding this year into the McCoy Elementary School on the west side of the highway. He said it is truly significant. Anstee said he is excited to expand to the west side of Georgetown. He said they finished last year serving 629 children from not only Georgetown, but Round Rock and Pflugerville. He said they currently have 100-120 children after school who attend their program. He said this additional site on the west side will prove invaluable to them He said their goal is to double their numbers in two or three years' time. Action from Executive Session Motion by Eason, second by Jonrowe to retain outside legal counsel to prepare a legal opinion concerning the Cimarron Hills PID for an amount not to exceed $3,000. Approved 7-0 Motion by Eason, second by Meigs to direct staff to negotiate an agreement for acquisition of real estate along the San Gabriel River on Highway 29 for parkland. Approved 7-0 Motion by Eason, second by Gonzalez to direct staff to enter negotiations for purchase of approximately 12.05 acres at Inner Loop from IH -35 to east of FM 1460 and to explore financing options and sources including possible CO funding and inclusion in March CO Notice of Intent for 2012 bond issue. Approved 7-0 Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, February 14, 2012 -- Jessica Brettle, City Secretary D Consideration and possible action to authorize Specialized Public Finance, Inc. (SPFI) to proceed with the preparation of the required bond offering documents for the upcoming April 2012 bond issues -- Micki Rundell, Chief Financial Officer E Consideration and possible action to approve the independent audit of all accounts of the City reported in the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2011 -- Susan Morgan, Finance Director; Lorie Lankford, Controller and Micki Rundell, Chief Financial Officer F Consideration and possible action to approve the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended December 30, 2011 -- City Council Meeting Minutes/ Page 2 of 12 Pages Micki Rundell, Chief Financial Officer; Susan Morgan, Finance Director and Lorie Lankford, Controller G Forwarded from the General Government and Finance Subcommittee (GGAF): Consideration and possible action to approve the 4th Amendment to the development agreement with Campbell -Georgetown #1 Limited Partnership as part of the Shell Road Public Improvement District extending the repayment terms by 24 months and to allow the seller to adjustment the payment schedule on the current unpaid PID assessment -- Lorie Lankford, Controller and Micki Rundell, Chief Financial Officer H Forwarded from the General Government and Finance Subcommittee (GGAF): Consideration and possible action to approve award of blanket order for landscaping services in the public areas of Georgetown Village to We Mow It for approximately $90,000 for a period not to exceed five years (one year original term with four one-year renewals) -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer I Consideration and possible action to approve the declaration of various City vehicles, a mower and a tire machine to be disposed of using online auctioneering services of Gaston and Sheehan Auctioneers, Inc. of Pflugerville, Texas -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer J Consideration and possible acceptance of a Training Grant for $5100.00 from the Texas Forest Service -- Robert Fite, Fire Chief K Consideration and possible action to accept the summary of 2011 Racial Profiling Report as mandated by the State Legislature -- Roland Waits, Assistant Chief of Police Jonrowe thanked the staff for their hard work. She spoke of the issue of getting more women in the local police force and the trouble of getting more females in the police force. Waits said a lot of work went into this report and it is something that is issued every year. He noted it has details regarding data related to every contact made during the year with traffic stops and other citations. He said this entire report was coordinated by Lt. Tchida. He said the City has a wonderful track record and noted, while traffic violations are part of the job, they are done according to violation and not by the color of someone's skin or the type of car you drive. He spoke about how there are a large amount of people that do not receive citations and added a lot are seeking voluntary compliance. He said our officers do a great job and they do it ethically, morally and legally. He said they are trying to take steps to recruit minorities and females. He noted it is tough and the market is a hard place to compete right now. Jonrowe asked and Waits said Central Texas is a tough place to recruit Jonrowe spoke about taking steps to develop a concrete plan to recruit minorities and women to serve in the department Waits spoke about Chief Nero and said the City is heading places with him. L Consideration and possible action to approve the Collateral Assignment of Leasehold Interest for Second Lien to assign B & G Aviation, LLC's leasehold interest to City National Bank of Taylor-- Sarah Hinton, Airport Manager and Bridget Chapman, Acting City Attorney Motion by Berryman, second by Hellmann to approve the consent agenda with the exception of items M, N and O, which were pulled to the Regular Agenda for discussion. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: M Consideration and possible action to approve a resolution of support for Texas Housing Foundation to apply for the Housing Tax Credit and HOME Partnership Program for the construction of 180 units to be known as Gateway Northwest, located at 501 Janis Drive -- Jennifer C. Bills, AICP. LEED AP, Housing Coordinator and Elizabeth A. Cook, Community Development Director This item was pulled from the consent agenda by Berryman. Berryman said these three resolutions would be approving over 382 additional apartment units to an area in fairly close proximity. She said this, along with the other developments in the area, would give the City over 759 low income units within a close proximity from one another. She said she would like to postpone passing this until the City receives more information. She asked, if we approve all of these, where we will be in terms of housing percentages. She asked Bills come back to Council with information as to how this will impact the potential student impact in the two schools. Bills said the deadline for these applications and the resolution is March 1. Berryman said the Council is deserving of more information if they are going to approve this item Bills said all City Council Meeting Minutes/ Page 3 of 12 Pages three of the groups have members at the meeting that can answer questions. Berryman said specifics are not what worries her, it is the cumulative effect. Berryman said her concern is the City would be putting all of these units within a close proximity of one another. Bills said her understanding is that all of the applications show that the apartment market for the targeted income level is viable. Berryman said she does not doubt it is viable but noted she questions if it is wise. Bills said the school district has also been notified by this. Brandenburg said item 0 is for senior living and would not affect the school. Berryman said she did not include those in her calculation. Brandenburg asked and Bills said this is open to three different income level brackets, 60%, 50% and 30% of area median income. Brandenburg said that he sent a memo to the Council over the weekend regarding housing and the huge demand for apartments in the area. He said Georgetown is at a 90% occupancy. He said developers are seeing a pent up demand for apartment units in this community and added Council needs to decide which percentage they would like for apartments and homes in the community. Berryman said this definitely caters to a certain population and she asked if the City needs these many low income housing units that are federally subsidized Motion by Berryman, second by Sattler to table this item until the next meeting so that Council can receive data on the impact to the school district. Jonrowe asked what the impact would be on the developer for not passing this resolution Mark Mayfield, Director of the Texas Housing Foundation, said March 1 is the deadline we are working under for the HOME Program. He said the majority of his financing is coming from the bond market but there is a first-come first -serve threshold with the State of Texas and March 1 is the threshold with these applications. He said these tax credits would only be for about 4% of their total project cost. Brandenburg asked and Mayfield said they have been working diligently on this for about a year and a half with Mr. Wolf and the Georgetown Housing Authority. He said the Resolution concerning his development has already been passed twice when it was back with the Georgetown Housing Authority. He said there have been a lot of moving parts and the entire development is completely different now. He said they have their financing is in place and part of the mechanism is the $2 million in HOME funds. Jonrowe asked what would happen to the project if Council did not approve this and Mayfield said it is up to the local lenders. He said it is all teetering on this being done and having this done. Jonrowe asked and Mayfield said this could make or break this project moving forward. Meigs said he cannot support the motion to delay this as this project has been to the Council many times before. Hellmann asked and Mayfield clarified how much the tax credit would contribute to the project Hellmann asked and Mayfield said they are asking for $2 million from the tax credit program. Hellmann asked and Mayfield said they are not asking for any money from the City. Eason asked that Brandenburg explain to Council that this project is from the Housing Foundation that, in the past, made an arrangement with the Housing Authority for affordable housing development Eason said this has been dealt with in the past. Brandenburg said this is the one project over in that area that is ready to go. He said this is the old Sierra Ridge project he provided a brief history of that project to the Council. Vote on the motion: Failed 3-4 (Meigs, Gonzalez, Jonrowe, Eason opposed) Motion be Meigs, second by Jonrowe to approve the Resolution. Approved 5-2 (Berryman, Hellmann opposed) N Consideration and possible action to approve a resolution of support for Palladium (USA) International, Inc. to apply for the Housing Tax Credit and HOME Partnership Program for the construction of 82 units to be known as Kiron at Mesquite Lane, located at 2805 Mesquite Lane -- Jennifer C. Bills, AICP. LEED AP, Housing Coordinator and Elizabeth A. Cook, Community Development Director This item was pulled from the consent agenda by Berryman. Berryman said her point here is still the same. She spoke about how putting this many low income housing units in this area is detrimental to the community. She said people need to be aware of what is going on in their neighborhood. Motion by Berryman, second by Sattler to table this item until more data is received. Speaker, Tom Huth, provided Council with presentation describing a project of an 18 unit development on Mesquite Lane off of Williams Drive. He said an 18 unit development is a very small development. He said this is affordable housing, not Section 8 or low income housing. He spoke of their income levels and how they go up to $45,000 a year for a family of four. He said this is for the firemen and police officers and adults just coming out of City Council Meeting Minutes/ Page 4 of 12 Pages college. He said they will spend $135,000 per unit building this development. He said this will be an $11 million project and they will not pay taxes and it will be on the tax rolls He showed Council the site plan and said they are right behind the funeral home. He continued to describe the location of the project. He said this $11 million project is a beautiful project sitting in this neighborhood. He said notifications went out and they have received zero comments from the residents. He said their company has been around for 130 years, they operate in 12 countries, own over 17,000 units and, they build high rises, garden style property and noted this falls in the middle of that. He said their deadline is March 1 to make submission to the State of Texas on these HOME funds credit. He said the HOME funds are loans, which they pay back to the State. He said there are 15 development they are competing with. He said they are asking nothing from the City to build to quality housing for fireman, police, teachers and others in the community. Berryman asked and Hooth said the multifamily is the best real estate asset class to be in but, unless you are in a prime market like downtown Houston and Dallas, you can't get financing. Berryman asked and Hooth said we are still trying to get out of the recession. Hellmann asked and Hooth said he is asking to apply on the City's behalf for a loan which they will pay back under the HOME loan funds He said they are just asking that City allow them to get down the road to build affordable workforce housing. Gonzalez said his experience shows there is commercial availability to build apartments. Hooth said Gonzalez should be right but, unless you are in a prime market, banks are not putting down money for these project Berryman asked and Hooth said he built units that cost less than this to build in Plano and Los Colinas. He said this development is a very high end affordable housing development. Speaker, Marlene, McMichael, said she is representing the Georgetown Chamber of Commerce and added they voted as a Board to support this project. She said this project does pay taxes and must compete for tax credits with project around the state. She said this means they will have the opportunity to compete for the state designation. She said she thinks this is a small enough unit and is well done. She said they considered all of this carefully and noted they have the support of the Georgetown Chamber. Vote on the motion: Failed 2-5 (Meigs, Jonrowe, Eason, Sattler, Hellmann opposed) Motion by Meigs, second by Jonrowe to approve. Approved 5-2 (Berryman, Gonzalez opposed.) O Consideration and possible action to approve a resolution of support for Georgetown Senior, Ltd. to apply for the Housing Tax Credit Program for the construction of 120 units to be known as Georgetown Senior, located at 410 Shell Road -- Jennifer C. Bills, AICP. LEED AP, Housing Coordinator and Elizabeth A. Cook, Community Development Director This item was pulled from the consent agenda by Berryman. Motion by Eason, second by Jonrowe to approve the resolution. Mayor said there were a few people who signed up to speak on this issue Eason said she would like for people to hear about this issue prior to voting on it. She noted she thinks it appropriate that staff and people associated with this project make their statements. Speaker, Michael Cassias, said he is the developer for the project and noted they are very excited about applying for these credits. He spoke about how they are trying to build a project that will have a low impact on the surrounding community. He said they have adjusted their site plan to accommodate the neighborhoods. He thanked Council for their time. Speaker, Marlene McMichael, said the Chamber Board met, discussed this issue and voted to approve this item. Berryman asked and McMichael said we care about this because it is the number one retirement community in America. McMichael said the proximity to HEB, pharmacies and medical facilities make it convenience for seniors. Speaker, Ercel Brashear, said this project will help this owner pay off the PID which they agreed to pay for the cost of construction of Shell Road. He said the project will reduce the existing debt owed to the City by one half that amount and allows for the completion of Verde Vista, which is in the City's master plan. He said this places no burden on the school district because this is a senior's project and the city zoned this to seniors only apartment. He said they are complying with the limitations the City has imposed on this properties He said they are asking the Council indulgence to allow these warriors to go out and scramble for money. City Council Meeting Minutes/ Page 5 of 12 Pages Speaker, Sandra McGruder, said she is here to speak for the Serenada Neighborhood Association. She said they are proud to live in the Georgetown community and she thanked Council for all they do to make the community a vibrant one. She said she wants to address the land where this will be developed and said that area backs to homes in Serenada. She said they know there is a possibility that this may not get approved but whether or not they get it, they want to make sure any development in that area is not more than two levels high She mentioned the drainage problems they have been having in the area as well. Speaker, Barbara Stoltenberg, said she would like to share a traffic concern about the proposed apartment complex on Shell Road near the intersection of Williams Drive. She said she has been a teacher for the better part of the last forty years and we have a wonderful town that has made the needs of children a priority. She said she understands that the area was zoned commercial in the early 90s but noted the dynamics in the area have changed. She said there is a legitimate concern regarding traffic in the area. She shared briefly what happens when the children go to and from school. She said it is just not prudent to build an apartment complex in close proximity in a congestion intersection on a road that feeds into two school complexes. She said they do not want Shell Road to become another Williams Drive. Berryman asked and Macias said the facility is two story facility with 11 acres and 120 units. Eason said that, when this gets built, it will deal with the drainage and sensitivity issues for the neighbors as well Vote on the motion: Approved 6-1 (Berryman opposed) P Public Hearing and First Reading of an Ordinance for a Comprehensive Plan Amendment to change the future land use designation from Mixed Use Community (MUC) to Mixed Use Neighborhood Center (MUN) and High -Density Residential (HDR) for 59.21 acres in the Low Survey, located on the south side of CR 111 (Westinghouse Road) between IH -35 and FM 1460, also known as Mayes Tract -- Mike Elabarger, Planner III and Elizabeth Cook, Community Development Director (action required) Mayor introduced the item and asked that everyone representing the Teravista Homeowners Association to raise their hands. Elabarger described the item and described the area in question. He said the applicant has brought forward a comprehensive plan amendment and rezoning request for two other properties. He said this property is known as the Mayes Tract and he described the property for the Council He noted it has just been annexed into the City and given the agricultural land zoning. He said the existing application for future land use designation is mixed use community. He said the zoning designation is to mirror the land use and rezone to Local Commercial and Multifamily zoning districts. He showed the Council the location map and the zoning in the area. He said he also highlighted the Teravista master plan development, which is in the ETJ of both Round Rock and Georgetown. He showed Council the current land use map as well as how it is zoned He said the applicant's desire is to change the northern 19 acres to mixed used neighborhood center and to change the lower 40 acres to high density residential. He said the applicant's desire is to overlay the Multi Family zoning over the land use. He said this application went to the Planning and Zoning Commission which approved the comprehensive plan amendment and rezoning request. He said there were public speakers at the Commission meetings and noted the PowerPoint presentation Council is about to see was presented there. He said a comprehensive plan amendment requires a super majority vote to pass. Elabarger read the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:44 PM Speaker, Paul Linehan said he is representing the developer. He said he would like to let Council know how they have been working on this for the past two years. He spoke about the rapid growth that has been occurring in that area. He spoke about the other plans and developments going on in that area. He spoke about the buffers they built on the Windmill Hill and Bourne tracts. He said they are creating an activity center in the area through the Bourne Tract. He said 76% of the people who work in the County have to find a place outside of the County to work. He said he wants to be able to provide that type of housing for that area. He said, even though he cannot put a condition on the zoning at this time, when a developer comes in with a project they will put a 150 buffer between the development and the neighbors in Teravista. He showed the Council the proposed buffer. He asked Council take him by his word. He asked that Council vote in favor of the Comprehensive Plan Amendment Speaker, Andy Barnes, said he is here to speak in opposition of the zoning change. He said there are diverse reasons why he and his neighbors have purchased a home in Teravista. He listed many reasons why Teravista is a great community. He said the one common reason is the obvious pride of home ownership. He spoke about some of their concerns including public safety and leasing. He said it will be easy for the apartment residents to City Council Meeting Minutes/ Page 6 of 12 Pages access and use the Teravista facilities. He said a higher density of people will create crime. He said they have an email from the residents on the South side of Teravista who lives near apartments that states they have experienced higher noise levels, trespassing and unauthorized use of Teravista facilities. He continued to speak about the resident concerns, including privacy and esthetics and how a 150 foot bugger is not enough. He spoke about their concern that Teravista will eventually be surrounded by apartment homes. He said he does not doubt Linehan is an honorable man and he has a good reputation. He said his concern is he promises to do this, but noted he is not the developer. He said some of the restrictions they would like to have include increasing the buffer to 150 feet on both the south and east side, declare the buffer a non -development zone, build an 9 foot fence along the south and east side and allow only two story structures adjacent to the Teravista homes He said some other requests are to plant vegetation and trees around the complex He suggested the possibility of a Planned Unit Development .He said he would like to ask Council to vote no on this request and have the applicant resubmit as a PUD. Jonrowe asked and Barnes said the values in the area have not dropped yet Jonrowe asked and Barnes showed the existing and proposed projects in the area. Jonrowe asked and Barnes said, if you are looking for a home and there is an apartment complex in the backyard, you would want to pay less for that structure. Jonrowe said her point of view may be a little different because something like that would not bother her. Barnes said these are not start up homes or homes that first time home buyers would purchase. Hellmann asked and Linehan said they looked into a PUD, but it is usually for a large scale development. He said, with this particular issue, he would rather write a restrictive covenant than go through the PUD process. He said he would like to put a conditional overlay on the zoning but noted the City's processes do not allow for that. Mayor asked and Linehan said he can put in the deed restrictions that there be a 150 setback. He said he understands the concerns of the homeowners and noted he has built many apartment structures. Eason asked what will happen when the property is actually developed She asked if that developer would be subject to the City's code provisions. Elabarger said the future developer would have to come under the current development standards at that time. He said what we are talking about now is setbacks and buffers. Elabarger reviewed the setback and buffer requirements within the City limits. Linehan said he spoke with Andy Barnes and said he can do a restrictive covenant with the homeowners for the 150 foot setback on the south side. He added that is only on the south side and on the east side they would do a 50 foot buffer. Barnes said the 150 feet he is talking about is great but noted they would also like to have 150 on the East side. Gonzalez said we have time between now and the next meeting and, by second reading, Council can make a final decision on this issue. He said there seems to be potential settlement. He said Council has to approve this on second reading before it becomes final. Barnes said this is a project that is probably about ten years away. Barnes said he would like for us to postpone this, get the agreement nailed down, and then come back at a later time for approval. Public Hearing was closed at 8:22 PM Berryman said Teravista is getting a better deal with 50 feet than people in Georgetown. She said Linehan and the Teravista group need to work out an agreement. Elabarger reminded Council that there are two different applications that need to be voted upon separately. Motion by Berryman, second by Sattler to approve the Ordinance on first reading and, between the first and second reading, have Linehan and the Teravista Homeowner's Association work out an agreement. There were many questions and much discussion regarding setting up for future development in that area Vote on the motion: Approved 7-0 Q Public Hearing and First Reading of an Ordinance Rezoning 59.21 acres in the Low Survey, located on the south side of CR 111 (Westinghouse Road) between IH -35 and FM 1460, also known as Mayes Tract, from the Agricultural (AG) District to the Local Commercial (C-1) and Multifamily (MF) Districts -- Mike Elabarger, Planner III and Elizabeth Cook, Community Development Director (action required) Elabarger described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Gonzalez, second by Jonrowe to approve. Approved 7-0 Meeting recessed -- 8:30 PM Meeting resumed -- 8:38 PM City Council Meeting Minutes/ Page 7 of 12 Pages R Public Hearing and possible action on a Special Use Permit Amendment to allow a 18- month extension for Williams Addition, Unit 1, Block 2, Lots 1, 2, 3 and 4, located at 202, 204, and 210 Central Avenue and 1603 Williams Drive -- Carla Benton, Planner II and Elizabeth A. Cook, Community Development Director Benton said, a year ago, Council approved a special use permit for this project. She said this is an effort to continue with that same project. She said they are in the process of working through the different applications needed for this project but will not be able to meet the date originally requested. He said they requested the extension of 18 months to facilitate the development. Motion by Berryman, second by Hellmann to approve the special use permit amendment Public Hearing was opened at 8:40 PM No persons were present to speak. Public Hearing was closed at 8:40 PM Vote on the motion: Approved 6-0 (Gonzalez absent from the dais) S Public Hearing and possible action on the 2"d amendment to the Somerset Hills Development Agreement, removing from the agreement 33.54 acres located near the intersection of CR 245 and the future extension of Ronald Reagan Blvd -- Jordan J. Maddox, AICP, Principal Planner and Elizabeth A. Cook, Community Development Director Maddox said this is the second amendment to the Somerset Hills Development Agreement He provided a brief history of the development He said since 2008, part of the property was returned to the original owner through a foreclosure process. He said the intent of the 33 acres is for it to be sold for development of large lot single family development. He noted the Planning and Zoning Commission recommended the removal of the 33 acres. Motion by Berryman, second by Meigs to approve the second amendment. Public Hearing was opened at 8:42 PM No persons were present to speak. Public Hearing was closed at 8:42 PM Vote on the motion: Approved 7-0 T Public Hearing and First Reading of an Ordinance rezoning 0.57 acres at Lost Addition, Block 68 (pt.) from Residential Single -Family (RS) & Office (OF) Districts to Mixed -Use Downtown (MU -DT) District, located at 1105 Martin Luther King, Jr. Street-- Robbie Wyler, Historic District Planner and Elizabeth Cook, Community Development Director (action required) Wyler said this property is located at the Northeast corner of MLK and 11th. He said the property owner would like to rezone it to allow for an eating establishment. He said, to develop the property in any way other than residential, a rezoning will have to be done. He said the Planning and Zoning Commission recommended approval of the rezoning. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Jonrowe, second by Berryman to approve the Ordinance. Public Hearing was opened at 8:45 PM No persons were present to speak. Public Hearing was closed at 8:45 PM Vote on the motion: Approved 7-0 City Council Meeting Minutes/ Page 8 of 12 Pages U Consideration and possible direction to staff to submit an application to Williamson County to request FY 2012-13 Community Development Block Grant funding -- Jennifer C. Bills, AICP. LEED AP, Housing Coordinator and Elizabeth A. Cook, Community Development Director Bills said this is the annual request to Williamson County for a portion of the grants received from the federal government. He said the County is receiving $1.1 million for the entire County. She said since Georgetown is under 50,000, the City applies to the County for those funds and the commissioners will decide where the money is allocated. She said the City competes with other cities as well as other organizations in the County for those funds. She said the funds are used for affordable housing, infrastructure projects or social service funding. She said, after meeting with staff, they have come up with a list of projects to submit for the funds. She said the money must be used in Census tracts that are 47% or more low income. She showed Council a map of the tracts in town that qualified for these funds last year but noted, after the recent census, they will not have the income data until June. She said, in the future, the City will have to qualify the entire tract She listed the variety of projects staff would like to submit with the application for this grant funding. She said the total they are requesting is for $964,000 and noted it gives the County many options for funding. Motion by Jonrowe, second by Berryman to approve the application. Mayor asked and Bills said last year, the City received about $98,000 and the year before that the City received $480,000. She said it depends on the other projects competing for the money as well. Mayor asked and Bills said, once the City reaches 50,000, the City would have to complete a consolidated plan and get it completed by HUD. She said HUD would determine how much the City could receive, which would probably not be any more than $200,000. There was much discussion. Vote on the motion: Approved 7-0 V Consideration and possible action to approve a resolution of support for the Texas Transportation Commission to re designate a segment of RM 2338 as State Spur 158 from the IH 35 South Bound Frontage Road to Austin Avenue/State Spur 158 -- Edward G. Polasek, Transportation Services Director Mayor asked and Polasek said when the State took the road off of the State System, it can no longer be called RM 2338. Motion by Gonzalez, second by Berryman to approve the Resolution. Approved 7-0 W Discussion and possible action regarding requests from Johnny B. Gantt to sublease portions of the Gantt Aviation Building to Aero Centex dba Chartwell Properties, L.P. and GTU Turbine, LLC dba Georgetown Turbine Service -- Paul E. Brandenburg, City Manager; Sarah Hinton, Airport Manager and Bridget Chapman, Acting City Attorney Chapman said this item is forwarded from the Airport Advisory Board. She said the Airport Board has voted to deny the request for the sublease at this time. She said the primary reason the request was denied was because the Georgetown Municipal Airport is owned by the City and, in the interest of public disclosure, it is the policy of the City to require the review of contracts concerning Airport property. She said, since the proposed subleases have not been submitted to the City Council for review, the request at this time was denied until the sublease agreements are submitted for review. Gantt thanked Council and said, when he started in Georgetown, he constructed a building at the Airport. He said there had not been a building built at the airport since 1945. He said the City fathers were wanting pretty bad to get something happening out there at that time. He noted Mr. Doerfler was Mayor and they agreed he would build a building, the airport would furnish the land, he would get a forty year lease and at the end, it becomes the City's property. He noted 35 years of the lease is gone at this point. He said in the contract, it says if he decides to lease any part of it to someone else, he must get written permission from the City. He said there were a few times in the past 35 years where he would lease and get permission from the City. He said he never had a problem with the process until he called the current City Manager with a prospect of lease. He said he understands that, if the staff sees the contract and sees that it does not conflict with any City ordinances, it would be approved. He said he is fine with that. He said he does not mind the contract made public but noted he would rather it not be public. He said everything else is fine. He noted he just wants to get this done. Motion by Berryman, second by Eason to approve the sublease that will be subject to the submission of the sublease to the City and that it can be perused to make sure it does not conflict with any City Ordinances and City Council Meeting Minutes/ Page 9 of 12 Pages upholds the Master Ground Lease. Berryman provided many compliments to Mr. Gantt and everything he has provided and contributed to the City. Chapman asked and Berryman confirmed this means the agreement will be on the next agenda for final approval. Vote on the motion: Approved 7-0 X Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve an Interlocal Agreement with the City of Round Rock, Texas, for the development of Plans, Specifications and Estimate and the process for the acquisition of Rights -of -Way related to the FM 1460 Improvements Project between Quail Valley Drive and University Boulevard in the amount of $356,500.00 -- Edward G. Polasek, AICP, Transportation Services Director and Bill Dryden, P.E., Transportation Engineer Polasek described the interlocal agreement and said Round Rock has agreed to fund the 100% design in their portion of their ETJ if Georgetown did the same for its ETJ in order to receive funding from TXDOT. He said the City should be receiving a letter from TXDOT to move forward with the right of way acquisition. He said this item is for the interlocal agreement and Round Rock will take it up at their next City Council meeting upon favorable vote of the Council tonight. Motion by Meigs, second by Hellmann to approve the interlocal agreement Approved 7-0 Y Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve the First Amendment to Task Order BGE -11-001 with Brown & Gay Engineers, Inc. of Austin, Texas, (dated October 25, 2011) related to the FM 1460 Roadway Improvements Project (Quail Valley Drive to University Boulevard) in the amount of $673,000.00 -- Edward G. Polasek, AICP, Transportation Services Director and Bill Dryden, P.E., Transportation Engineer Polasek said this is the additional work required to take the 30% plans to 100% and includes both the City and Round Rock portions. He said this also includes some additional work that was discovered when they started working on the TXDOT schematics. He said this task order amendment includes both the Round Rock portion and Georgetown portion to go to full construction. Motion by Meigs, second by Hellmann to approve the first amendment. Approved 7-0 Z Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order CDM -12-003 with CDM Smith, Inc., of Austin, Texas, for professional services related to Water and Wastewater System Master Plan Update in the amount of $112,340.00 -- David Munk, Utility Engineer and Glenn Dishong, Utility Director Munk said this task order is to update the Master Plans for both water and wastewater. He said we pushed them off for a year because development trends have slowed down. He said the master plan is established to assist in updating the impact fees and the CIPs. He said the master plans are used to evaluate the water usage. He said the updates are used to evaluate major components such as water storage, water treatment, wastewater plants, wastewater lift stations in relation to City and TCEQ requirements. He said the Georgetown Utility Systems Advisory Board approved this item with a vote of 6-0. Motion by Berryman, second by Gonzalez to approve. Approved 7-0 AA Forwarded from the Georgetown Economic Development Corporation (GEDCO): Consideration and possible action to approve the First Amended Agreement by and between GCV Enterprises, LLC dba Grape Creek Vineyards and the Georgetown Economic Development Corporation (GEDCO), the related Lease Agreement and Promissory Note -- Bridget Chapman, Acting City Attorney and Mark Thomas, Economic Development Director Thomas said this item is to seek Council approval of an amended agreement between Grape Creek and GEDCO. He said this would push the agreement out 30 days. He said this 30 day adjustment is needed based on the inspection of the floor and the finding that it needs to be replaced. He said the target opening of the winery is now August 1, 2012. City Council Meeting Minutes/ Page 10 of 12 Pages Motion by Berryman, second by Jonrowe to approve the amended agreement Approved 7-0 BB First Reading of an Ordinance amending the 2011/12 Annual Operating Plan Element (budget) due to conditions that resulted in excess fund balance at the end of fiscal year2010/11 due to the timing of capital projects and other expenditures; appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith -- Micki Rundell, Chief Financial Officer; Susan Morgan, Finance Director and Lorie Lankford, Controller (action required) Rundell described the item and listed the items included in the budget amendment She said the funds for these items need to be rolled forward from one year to the next She said budget amendments require a majority vote plus one. She read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Meigs, second by Gonzalez to approve the Ordinance on first reading. Speaker, Dayle Aldrich, said she is representing the Park Pals which is an advocacy group that supports parks and rec and tries to do what they can to keep people healthy in Georgetown She said they are concerned with the $16,000 that was taken out of the budget last year to close one additional day of the outdoor pools. She asked that Council not close the pools one additional day, especially the Williams Drive pool. She said a lot of club and masters club use that pool in the summer to train because it is 50 meters. She said the City of Georgetown has quite the swim presence and she is proud of it She spoke about the "Georgetown Swims" program. Speaker, Bob Laemel, said he is a former member of the Parks and Recreation Advisory Board. He noted he is presently involved in the Parks Pals which began as an outgrowth of the Parks and Recreation Board He said he is here to ask in peace and harmony that City Council restore the $16,000 that was cut from the budget and to keep the pools open. He said, since the City has an excess, it would seem logical to restore this money to a recreation budget to keep the pools open an extra day. He said the weathermen are indicating there is going to be a record amount of heat this summer. He asked that the City keep the pools open as long as possible. He noted the city during the summer months employs 90 staff members and 80 of those are the youth of Georgetown. He noted many of those youth work at the pools. He said what better way to keep the youth busy and create the positive work experience they would enjoy than to keep the pools open for that extra day. Speaker, Linda McCalla, said she is here representing the Main Street Advisory Board. She said she understands that Council is considering a repeat of the Christmas Lights. She said, while they were able to do something spectacular, they worked on a tight time frame. She said it was complicated while talking to contractors about the scope of work they were undertaking because of the quick turnaround time. She said there is a whole group of them that are ready to go to work on the Christmas lights just as hard as they worked last year. Rundell called the council to Exhibit A in their agenda packet. She said there are other items related to expenditures in this budget that is not related to the excess funds. She described those for the City Council. Meigs asked and Rundell said there is about $920,000 in excess funds and the City is only appropriating $835,000. She said the remainder of that money will remain in that fund. Meigs asked and Rundell said it is important to note the pool issue and keep them open for another day would be for only one year. Sattler made a friendly amendment to add $16,000 into the budget to keep the pools open one extra day Vote on the amendment: Approved 7-0 Vote on original motion as amended: Approved 7-0 CC Second Reading of an Ordinance providing for the abandonment by quitclaim deed of a portion of unimproved, unopened and unnamed public street right-of-way in the vicinity of East 181h& Pine Streets -- David Munk, Utility Engineer and Glenn Dishong, Utility Director (action required) Munk described the item and read only the caption of the Ordinance on second reading. Motion by Hellmann, second by Gonzalez to approve Ordinance 2012-12. Approved 7-0 DD Consideration and possible action to approve a Resolution ordering a General Election for the Election of the City Council Meeting Minutes/ Page 11 of 12 Pages City Council Members for Council Districts 1 and 5 -- Jessica Brettle, City Secretary and Bridget Chapman, Acting City Attorney Brettle introduced the item and described the Resolution for the City Council. Motion by Sattler, second Jonrowe to approve the Resolution. Approved 7-0 EE Consideration and possible action to appoint members to the Ethics Commission -- Mayor Garver Motion by Hellmann, second by Gonzalez to approve the appointment Approved 7-0 Approved: Mayor George Garver City Council Meeting Minutes/ Page 12 of 12 Pages Meeting adjourned at 9:34 PM Adjournment The meeting was adjourned at 09:34 PM. Attest: City Secretary Jessica Brettle RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AUTHORIZING THE MAYOR TO SIGN THE ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATED TO THE NORTH AND SOUTH AUSTIN BRIDGES PROJECT. WHEREAS, the Texas Transportation Commission passed Minute Order Number 114335, authorizing the State to undertake and complete a highway improvement generally described as reconstruct the North and South Austin Avenue bridges from 2nd Street to Morrow Street, Georgetown, Texas called the "Project"; and, WHEREAS, for the Project the term reconstruct includes replacement, rehabilitation, preservation, protection, and/or anti-icing/deicing for bridges and tunnels on a public road; and WHEREAS, as part of the administration of the Project, the Capital Area Metropolitan Planning Organization, by resolution number 2014-11-4, awarded the City of Georgetown a total of $1,299,174 in Surface Transportation Program Metropolitan Mobility (STP -MM) for the Project; and WHEREAS, in order to determine which alternative best serves the interests of the citizens of Georgetown, the City supports a study of alternatives including the following (1) do nothing, (2) alternative alignment, (3) maintenance, (4) rehabilitation/preservation and/or (5) replacement through a public involvement process which is also a requirement of the National Environmentally Policy Act (NEPA); and WHEREAS, the STP -MM award by CAMPO, using the term reconstruct, may require the City of Georgetown to submit to CAMPO a Transportation Improvement Project (TIP) amendment in the Spring of 2017 based on the decision resulting from the range of alternatives undertaken by the City of Georgetown; and WHEREAS, TxDOT works with the Federal Highway Administration (FHWA) and other federal agencies to comply with the National Environmental Policy Act (NEPA) and uses the TxDOT environmental compliance process for state and local projects, where TxDOT is the state approval authority; WHEREAS, the Advance Funding Agreement between TxDOT and the City allocate funds including a City contribution of $142,000 for the environmental review and is required for TxDOT approval. Resolution No. c53n A 1 to - t Page 1 of 2 Date Approved 3 a a NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS. SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION TWO. The City Council of the City of Georgetown finds it to be in the best interest of the citizens of Georgetown to enter in the Advance Funding Agreement with the Texas Department of Transportation related to the North and South Austin Avenue Bridges Project. SECTION THREE. The Mayor is hereby authorized to sign this Resolution and the Advance Funding Agreement and the City Secretary to attest thereto, on behalf of the City. SECTION FOUR. This Resolution shall become effective on the c)aday of n0 -r 2016. PASSED AND APPROVED on the as day of MW c.�% , 2016. ATTEST: CITY OF GEORGETOWN, TEXAS S By: Shelley N lin City Secre Dale Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney Resolution No. O -� aa 1 l o^ L.. Page 2 of 2 Date Approved 36ala()ILP