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Travis County Commissioners Court

October 19, 2004
Item 12

View captioned video.

12-a consider adoption of amount number 3 with the city of Austin relating to platting of subdivisions within the extraterritorial jurisdiction, e.t.j., And take appropriate action. 12-b is consider amendment to f.y. '05 general fund budget and adoption of the f.y. '05 fee schedule for review and inspection of subdivisions within the city of Austin e.t.j. And take appropriate action.
>> good morning. This is joe geiselman with the transportation and natural resources department and carol joseph also with t.n.r. Both a and b had about on the court agenda three weeks ago and we deferred action until the city council, the Austin city council had a chance to be briefed on the content of the interlocal. That has happened. There is only one change that I need to make the court aware of from the earlier interlocal agreement. That is in the initial draft presented to the Commissioners court robinson ranch was declared as a near-term annexation area. That has since been struck from the agreement and the city management and t.n.r. Are in agreement with that change. What that means is robinson ranch would be subject to the -- to Travis County review and comment when subdivisions came in irrespective of the fact the city has an agreement with robinson ranch with regard to annexation of that property. Otherwise, the interlocal agreement is pretty much following the track that we had set several months back. It divides up the review of subdivisions and the e.t.j. According to a division of labor. The first split is between the drinking water protection zone and desired development zone. The city would be the case manager and the predominant force in making sure that subdivisions are reviewed in the drinking water protection zone. Travis County will be the case manager and take the lead in the remaining part of Travis County. That is a demarcation line that's set up basically by a watershed so we can see on a map just where those subdivisions align. Mind you, this is only within the e.t.j. Of Austin. We still have the other e.t.j.s of the other municipalities of Travis County to finalize agreements with. But this is the final step in bringing closure to the largest e.t.j. And that is with the city of Austin. There are some other provisions I want to go over real quickly. Based on the division of labor that we have, the fee schedule is basically divided up likewise. No duplication of effort and there's no duplication of fees. One or the other charges for the review. The inspection of all subdivisions, no matter where they are located in the e.t.j., Is going to be done by the city of Austin. Travis County reserves the right to approve all the change orders that may take place to construction plans once they are approved by the city or the county. If they are changing subsequently in the field, the county would have to approve those. We also have agreed to do a recording of the capital fees that we collect during the subdivision process. For instance, there is a per claim dedication fees, there are fees for regional storm water detention. There are various fees collected. And one of the things that we've heard from the stakeholders is they wanted an accountability for where have those funds gone and what projects. So the county and city both have agreed that no matter who collects them, we will do an accounting of those fees and we will report on where those moneys went, what capital projects were they used on. They were used in the county park, if they were used in the city park, how were they used. And likewise for the other fees that are collected. We also because there is somewhat of a new organizational design for us, we have agreed to set up an ongoing review process with the stakeholders to see what we're doing. 1445 and 1204 were set up primarily to reduce conflict between the development community and the review agencies, the city and the county. We believe we have gone [inaudible] to consolidate our code, to extreme our process to bring the city and the county closer together as we review those subdivisions. If it is not working, if the single office is not going what it is supposed to be doing, we'll let you know about that sooner than later. We have agreed to set up periodic meetings with the stakeholder and report to Commissioners court and city council how we're doing. So if any corrective actions need to take place, we have an opportunity to do that. So it is our intent to make this single office work and to achieve both the letter and the spirit of the state law. Now, with that, I would like to turn it over to carol. Care can walk through the change -- carol can walk through the fee change in Travis County.
>> joe, let knee ask you a question with something you just said. So it is your opinion that the stakeholders issue has been more of the -- the complications that come about because of the county and the city, that is more of an issue than the cost? I mean because I think that there -- I mean isn't it true that they are also expecting to receive no more costs, not necessarily they are expecting a lot of fee reductions, but they certainly don't want to see more costs given we're going to be doing this single office.
>> I think what they said is no duplication. They don't want to be double dipped because both agencies are doing the same thing.
>> and I know we're trying to get around that.
>> and I think our point to them was we'll charge the actual cost of business, I mean from Travis County's perspective, that we do a cost of service analysis and charge them only what it would actually cost to review that. We would not say they would go up or down, but I believe they are okay with that as long as they were charging just what they owed often nothing more. I think what we have done is done that. We've looked at our direct costs, we've looked at our overhead. We are charging what it takes for us to review their plats, and we have done that on the basis for what is fair. In other words, we're looking at how much time it takes to do the type of subdivisions that we do. For those that may take more time, we charge more. But those that take less time, we charge less. And so I can assure you from the county's perspective that we are doing what we said we were going to do. >.
>> [one moment, please, for change in captioners]
>>
>> ... Related to transportation and the drainage aspects with the floodplain. And it respects that. It's stuff we've always been doing. It was a little irritating to see our work being duplicated over at the city and now they're not doing the transportation piece other than in the near term annexation area. And that is appropriate.
>> so how did we evidence responsibility to show capital investments?
>> there are things collected -- there are fees collected. Depending on who has the closest park to where the subdivision is, we're saying extraction of either land or fees in lieu of land for parkland. And depending on whether the county is the closest park to the subdivision, then we could have either land or a fee in lieu of land. So we would have an accounting. Let's say we received $20,000 for parkland from the subdivision. Every year we would need to account for that $20,000. I will need to show the stakeholders where that $20,000 went, what park, what improvement within the park so that they can see there's a direct connection between the extraction and what the fee was intended for.
>> so is that an accounting and contract responsibility?
>> it is my this agreement, yes.
>> I?m having a hard time finding it. Of course, I have four or five documents here. Where is that?
>> number 3. The city and the county show annually prepare and publish a summary report of fees collected from applicants for capital recruitment associated with subdivisions, including but not limited to parkland fees, transportation improvement fees and regional storm water management program fees collected and a list of capital improvement projects for which the collected fees were used or programmed to be used by the city and the county.
>> that's it?
>> that's it.
>> so it a contract amendment?
>> yes, it's amendment 3.
>> all right. This third amendment is amendment to the agreement that we approved when.
>> April 2002.
>> okay.
>> so what if one of us fails to do this? What's the enforcement of it?
>> Gerald's calling. [ laughter ]
>> if you want to go as far as the contract, there's no specific remedy.
>> are the stakeholders happy with the right question? Are they informed?
>> they are informed. And I would say they were -- they'll see how it goes. I think they've come a long way with us in this, and I wouldn't go so far as to say they're clicking their heels, but I think they're going to give us an opportunity to prove that we can do it.
>> as for Travis County and the city of Austin, we believe that the outstanding issues that we discussed I guess during the last couple of years have been addressed in one way or another?
>> yes, we do. And I think there's still work to be done with how the single office functions. The real work now begins in making sure that the office is really doing what it's supposed to be doing. And there's some training that has to take place among both staffs. We have to set up computer networking so the county has access to the same information the city staff does. So there are some things that need to take place, but I think the program and the amendment there to sets up a framework and I think we're in agreement in principle on how we need to proceed.
>> last time we said let us supplement this plan, see how it operates in six months, then we'll basically look at it and see what need to be modified, etcetera. It's the same approach to this one?
>> yes, we have a semi annual review, so every six months. Then we also have a codification deadline whereas we adopted the code by way of interlocal agreement, there were these changes that made the division of labor are amendments to the interlocal agreement. The stake healeders -- stakeholders asked that we actually codify that in chapter 3 of the code and we have agreed to do that by October of the first of next year. So first we want to try it out to see how the division of labor works, and then after a years' experience, we'll move in and actually hard wire it into the code.
>> we're collecting these fees after October 1? And what steps do we need to follow to perfect fee adoption?
>> we should adopt them today. There will need to be a certification of revenue by the county auditor, which is possible post budget adoption because it is an interlocal agreement. And there may need to be a budget commitment as well.
>> do we need to advertise these fees in a public hearing?
>> I think you need to do a newspaper notice.
>> that's why I?m here.
>> i'll check into that, judge.
>> let's do that.
>> we've done changes before, and usually it's just a matter of you all adopting it, but if we need to do an advertising, that's not an issue.
>> if we did it before we violated the law, we didn't know [ laughter ]
>> the changes before we've trotted it out both times and so have the stakeholders. As a result of our cost analysis and to be able to perform the duties that we'll need two additional employees, and we'll leave the hiring of those for at least six months. Part of it is to be able to get our single office up and running and to be able to find out where everybody is going to be seated, in addition to the fact that we have some -- 20 something other entities to do the same thing with. As you look at the exhibit on page 3, that shows you all the additional fees in red here that we -- all we basically did is changed it based on the division of labor, so you have all the different plats and plat reviews within the drinking water zone or within the desired development zone so that you could see that we've added the four dollars per notice, public notice. We talked about that before. The renewal fee we just clarified that the 10% to 100% it was really just vague, depending upon the extent of changes, and all we did was clarify that 10% of the original fee if there is no change in the application after six months, because what happens is some fees -- they have 180 days and they can get extensions and sometimes we have to start all over again. So if we come back within -- there's no change within six months, then it's just a 10% additional fee. If not, then you start all over with the original cost of the fee and you keep whatever you paid the first time. We've also added a flat fee of $250 to just process. What we have, if a plat comes in that's only 10 acres are oas, just to be able to collect the money to transfer the funds and to process the accounting of the funds, there's a flat fee of $250. Beyond that you normally charge whatever -- it's per acre depending upon the type of fee. We've trotted these out to the stakeholders sometime ago. I think it's been a couple of months, and it's the same fees. We compared -- the same fees we compared to plats within the e.t.j., The city we showed them what the changes and local entity for the fees before and we used in these current fees. To my knowledge we've had no major issues other than the fact that everybody thought they went up. But where we went up, some of the city's went down, so they understood that. And as I said, there's no duplication of fees. That's quite clear. The line drawn in the sand as to who does what, I think that has helped immensely. There was a lot of detail for the auditors, deloitte and touche, to be able to come up with a cost of services, but we're fairly certain that they're as accurate as we know. And we're proposing we review the fees at least annually and look at inflation adjustments within every three years.
>> the six-month delay in hiring those three people begins when?
>> October 1. That's when the -- yeah, the fiscal year begins.
>> several of our state representatives have had a keen interest in this issue for some time, maybe since the last legislative session. Do we plan to let them know what we've achieved?
>> we can certainly do that. I haven't done that yet. I certainly can visit with the sponsors of the bills.
>> I think they ought to know and they ought to ask and let us know if some of the stakeholders are not as elated as we are. That may give us some indication of what may happen when the legislature arrives in town. That's the realist in me.
>> so are there pieces of this we can do today, judge, at least the a part? And it sound like -- I would go ahead and pass both of them. We'll see this again anyway on the fee for the final deal, right?
>> depending upon the legal requirement for public hearing, you may want to take that out. If the legal opinion is you need a public hearing, defer it until that time. If not, then this afternoon adopt a fee schedule.
>> or approve it to proceed.
>> well, we can't charge it if there's a public hearing before adoption. We'd have to wait.
>> but don't we normally approve what's to be the subject of the public hearing?
>> yes.
>> at the public hearing we say here's what we plan to do and get feedback from them. That's what I had in mind basically. The other thing is even if we can adopt a fee without a public hearing, my good government mind says we really ought to tell somebody, here's what the Commissioners court is thinking about doing. If you have different ideas, come let us know. And we can have it as soon as 10 days from now, can't we?
>> it's your choice.
>> that's what I would do. I would have a public hearing in two weeks anyway.
>> all right.
>> it's not required, but that's what I think. We always do.
>> not November second, please. [ laughter ]
>> I think so. [ laughter ]
>> well, the cool thing is that seriously in terms of the folks that would be the ones most likely to show up for the public hearing, they are not unaware of what we're doing. But I agree with you, if we need to put it out there that this is what we're going to do, but the reality is that the stakeholders are more than aware of these numbers.
>> well, i'll agree with that. They're aware. Obviously we need to -- from a legality standpoint.
>> is this a question for tom to answer?
>> do you want to think about that and let us know this afternoon?
>> I can give it a try.
>> we'll pull this item back up. How's that?
>> judge, can I get one more clarification? Exactly what is the robinson ranch agreement? The robinson ranch agreement per the city of Austin is not in the near term annexation area.
>> no.
>> therefore we will be the ones responsible for review of the robinson ranch. What's this deal about the city has some sort of an agreement with them?
>> the city entered into an agreement with robinson ranch regarding the annexation of that property. The city subsequent to that asked us to approve robinson ranch as a near term annexation area in this interlocal agreement, therefore we would defer all subdivision decisions on subdivisions within that ranch to the city. We disagreed. Ultimately the city withdrew that request, so we are -- [ inaudible ]. Travis County still has Travis County for the subdivision plats within the robinson ranch.
>> and the term near term annexation area really is a very technical term in terms of what it means, in terms of the schedule the city of Austin has within a three-year time period of you shall be fully annexed. That was not going to be occurring on robinson. It's a huge tract and it was going to be a phase kind of thing and it was the kind of thing that they were talking about treating it like a near term annexation area. What if it didn't get annexed in the time prorpz, it meant that we would not have been at the table related to things that would have fallen back to Travis County to maintain. So they decided no, it will not go into a special category of near term annexation. It truly would not.
>> I was just wanting to bring that up because I was not foggy on that interpretation. I want to make sure that the other side is also as clear as I am with regards to it. Because if somebody has an agreement and then it's all of a sudden generally thrown back, oh, but did you not know that we had an agreement? So we've said it and it's on record, but I just wanted to make sure that that is what you articulated, Commissioner, is exactly how we feel about it.
>> it's either near term annexation or it's not. You can't say it a look alike.
>> we'll call this item back up this afternoon.

The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.


Last Modified: Wednesday, October 26, 2005 3:33 PM