HomeMy WebLinkAboutMIN 04.25.2006 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
Gary Nelon presiding.
Council Present: Council Absent:
Patty Eason, Gabe Sansing, Doug Smith, Henry Farley Snell, late arrival by Gabe Sansing
Carr, John Kirby, Ben Oliver
Staff Present:
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City
Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki
Rundell, Director of Finance and Administration; Laurie Brewer, Assistant Director of Finance and
Administration; Marsha Iwers, Purchasing Manager; Anthony Lincoln, Fire Chief; Travis McLain, Airport
Manager; Carla Benton, Development Planner; Melissa McCollum, Development Planner; Rebecca
Rowe, Historic District Planner; Mark Thomas, Economic Development Director; Glenn Dishong, Water
Services Manager; Bobby Ray, Director of Planning and Development; Ed Polasek, Chief Long -Range
Planner; Keith Hutchinson, Public Information Officer
Regular Session to convene and continue Executive Session, if necessary
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.
A Sec.551.071: Consultation with Attorney
- Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to
advise the City Council, including agenda items
- Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS;
United States District Court, Western District of Texas
- Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of
Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District
B Sec.551.072: Deliberations Regarding Real Property
- Discussion and possible action regarding the acquisition of 3.83 acres located on CR 116 from W.D. Kelley Foundation
for use as future electric substation -- Jim Briggs, Assistant City Manager for Utility Operations and Mike Mayben,
Energy Services Manager
- Discussion and possible action regarding prospective acquisition of 5.107 acres located at FM 1460 and Industrial
Avenue from Bobby Ray Guthrie, Trustee, for possible use as future City facilities -- Jim Briggs, Assistant City Manager
for Utility Operations
- Consideration and possible action concerning right-of-way and easement acquisition from Lloyd D. Trainer in connection
with the SH 29 West widening project -- Patricia E. Carls, City Attorney
C Sec.551.086 - Competitive Matters
- Consideration and possible action to authorize the Mayor to Sign a letter to LCRA notifying the Authority of the intent to
begin negotiations as a Wholesale Power Alliance aggregation group -- Michael W. Mayben, Energy Services Manager,
Jim Briggs, Assistant City Manager for Utility Operations
There was no Executive Session held at this meeting.
City Council Meeting Minutes/April 25, 2006
Page 1 of 15 Pages
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.)
D Call to Order
The meeting was called to order at 6:02 p.m.
E Pledge of Allegiance
Mayor Nelon led the Pledge.
F Comments from the dais
- Welcome to Audience and Opening Comments -- Mayor Gary Nelon
- Review of procedure for addressing the City Council
Mayor Nelon welcomed the audience and reviewed the procedure for addressing the Council.
Announcement of vacancies on Parks Board and Library Board
Mayor Nelon announced the vacancies.
Mayor Nelon noted that the Century Plan amendment and rezoning items related to the proposed
CARTS bus station on Holly Street are not posted for Council action at this meeting. He noted that
there would be a special Planning and Zoning Workshop on Thursday, April 27, at 4:30 p.m. in the
Council Chamber concerning the bus terminal; a Public Hearing will be held at the regular meeting of
the Planning and Zoning Commission on Tuesday, May 2, at 6:00 p.m. in the Council Chamber; and
the issue will be posted on the City Council Agenda for Tuesday, May 23.
Mayor Nelon recognized Scout Richard Bradley.
G Presentation of Proclamation Honoring National Preservation Month
Mayor Nelon read the proclamation and presented it to Eugenia Harrell of the Georgetown Heritage
Society; Bob Weimer of the Downtown Georgetown Association; and Larry McCormick of the
Georgetown Main Street Advisory Board.
H Announcements and Comments from City Manager
Brandenburg made the following announcements:
The General Election, to elect a Councilmember from City Single -Member District 5, will be Saturday,
May 13, 2006. The candidates for District 5 Councilmember are Pat Berryman and Mike Jackson. The
incumbent Councilmember for District 1, Patty Eason, is unopposed, and will therefore be elected by
acclamation. Registered Georgetown citizens who live in City Council Single -Member District 5 may
vote during Early Voting, May 1 through May 9, 2006. For more information regarding times and
locations for early voting, please go to our website at www.geor.getown.org or contact the City
Secretary at 930-3651.
The 2005 Red Poppy Festival will take place on Friday, Saturday, and Sunday, April 28th -30th in
historic downtown Georgetown. The festivities include a parade, an American Muscle Car Show, Arts &
Crafts booths featuring art and high-quality handcrafts, a children's area, lots of good food, and plenty
of live music.
The City
is now taking applications
for the Georgetown Citizen Academy.
For more information, please
go to the
City's website at www.georgetown.org
or contact
Shirley
Rinn at
930-3723.
Public Wishing to Address Council
- Sandra Taylor from Pedernales Elecric regarding an update on the Cooperative's activities in the Georgetown area.
Taylor presented a franchise payment of $14,891.80 and invited PEC members to the annual meeting on
June 17 at 2:00 p.m. in Johnson City. She cautioned PEC customers to call PEC about trees in power
lines.
J Action from Executive Session on April 24, 2006
Motion by Smith, second by Carr that the City Council reject the settlement offer in the letter dated April 20,
2006, in the Henderson case, and that the attorneys for the City be authorized to proceed with the defense
City Council Meeting Minutes/April 25, 2006
Page 2 of 15 Pages
of the case. Approved 5-0. (Sansing and Snell absent)
Motion by Smith, second by Oliver that the City Council authorize to accept the terms of the March 16, 2006
counteroffer from the Kelley Foundation regarding the acquisition of approximately 3.83 acres of land
located on CR 116. Approved 5-0. (Sansing and Snell absent)
Motion by Smith, Kirby that the City Council approve the retention of the law firm of Dietz & Jarrard to
represent the City in the case styled as Transamerican Underground vs. Arch Insurance Co., C. C. Carleton
Industries, and Third Party Defendant the City of Georgetown. Approved 5-0. (Sansing and Snell absent)
Motion by Smith, second by Carr that the City Council authorize the City's attorney to finalize the
acquisition of the Lloyd Trainer property on State Highway 29 W consistent with the direction given by the
Council to the attorney in executive session last night. Approved 5-0. (Sansing and Snell absent)
Motion by Smith, second by Eason that the City Council authorize the Mayor to sign a letter notifying LCRA
of the City's intent to begin negotiations on the wholesale electric power contract as part of the Wholesale
Power Alliance aggregation group, and to authorize Jim Briggs to be the City's representative on that
negotiating group. Approved 5-0. (Sansing and Snell absent)
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.
K Consideration and possible
action to approve
the minutes of
the Council
Workshop on Monday, April 10,
and the Council Meeting on
Tuesday, April 11,
2006 -- Sandra
D. Lee, City
Secretary
L Consideration and possible action to approve the award of bid for cold pour crack sealer to Allstates
Coatings in the estimated amount of $34,650.00 -- Mark Miller, Transportation Services Manager and Jim Briggs,
Assistant City Manager
M Consideration and possible action to designate the Festival of the Arts a City -sponsored Special Event --
Paul E. Brandenburg, City Manager
Smith asked what other events were designated as City -sponsored Special Events. Brandenburg listed:
Red Poppy Festival, Sertoma 4th of July Celebration, Georgetown Music Festival, Williams County Sheriffs
Posse Rodeo Parade, Christmas Stroll, and Texas Wine and Food Festival
N Consideration and possible action to approve a Project Agreement between the City and GTEC -- Micki
Rundell, Director of Finance and Administration
O Consideration and possible action to approve a Sales Tax Remittance Agreement between the City and
GTEC -- Micki Rundell, Director of Finance and Administration
P Consideration and possible action to approve an amended interlocal agreement with the City of Round
Rock for Electric Utility Services -- Micki Rundell, Director of Finance and Administration
Q Consideration to approve the First Amendment to the Wolf Ranch Development Agreement regarding the
Public Improvement District (PID) assessment payment -- Micki Rundell, Director of Finance and Administration
R Consideration and possible action to accept the City's Quarterly Investment Report for the City of
Georgetown, Georgetown Economic Development Corporation (GEDCO), and the Georgetown
Transportation Enhancement Corporation (GTEC) for the quarter ended March 31, 2006 -- Laurie Brewer,
Assistant Director of Finance and Administration and Micki Rundell, Director of Finance and Administration
Motion by Kirby, second by Oliver to approve the Consent Agenda in its entirety. Approved 6-0. (Sansing and Snell
absent)
City Council Meeting Minutes/April 25, 2006
Page 3 of 15 Pages
Council will individually consider and possibly take action on any or all of the following items:
Mayor Nelon announced that Items KK -1 through KK -4 would be brought forward at this time with Item LL -3
following.
Garry Kimball of First Southwest Company, the City's financial adviser, distributed a Final Pricing Summary
Report to Council, and explained the offering of four separate bond issues that were put into the market on
Monday. He announced that the City has been moved up from A+ to the AA- category by both Standard
and Poor's and Moody's Rating Agencies, saying both agencies were very complimentary of the City
regarding its money management. Kimball said the city sold a total of $14 million in new money and $11
million in refinancing bonds. There were questions from the Council regarding issuance costs, call options,
and call protection.
1. First and Only Reading of an ordinance authorizing the issuance of City of Georgetown, Texas Utility
System Revenue Bonds, Series 2006, in an amount not to exceed $8,710,000, approving an offiicial
statement and other matters related to the issuance of the bonds -- Micki Rundell, Director of Finance and
Administration
Rundell said this issuance is $8,665,000 in new money to fund electric system improvements for the
next year, and read only the caption of the ordinance on first and only reading after having satisfied the
requirements of the City Charter. Motion by Smith, second by Carr to approve Ordinance No.
2006-29 on first and final reading. Approved 5-0. (Sansing and Snell absent)
2. First and Only Reading of an ordinance authorizing the issuance of City of Georgetown, Texas Utility
System Revenue Refunding Bonds, Series 2006A, approving the official statement and other matters
related to the issuance of the bonds -- Micki Rundell, Director of Finance and Administration
Rundell told Council these bonds refund the City's 2006 bonds in the amount of $3,205,000. She read
only the caption of the ordinance on first and only reading after having satisfied the requirements of the
City Charter. Motion by Kirby, second by Eason to approve Ordinance 2006-30 on first and only
reading. Approved 5-0. (Sansing and Snell absent)
3. First and Only Reading of an ordinance authorizing the issuance of City of Georgetown, Texas Limited
Tax Refunding Bonds, Series 2006, in an amount not to exceed $7,790,000, approving an official
statement and other matters related thereto -- Micki Rundell, Director of Finance and Administration
Rundell read only the caption of the ordinance on first and only reading after having satisfied the
requirements of the City Charter. Motion by Eason, second by Carr to approve Ordinance 2006-31 on
first and final reading. Approved 5-0. (Sansing and Snell absent)
4. First and Only Reading of an ordinance authorizing the issuance of City of Georgetown, Texas
Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2006, in
an amount of $5,395,000, approving an official statement and other matters related thereto -- Micki
Rundell, Director of Finance and Administration
Rundell explained that these bonds would fund GTEC transportation improvements, such as the
Willams Drive widening; construction of a new fire station and parking lot improvements; trail lights and
call boxes and other park improvements; and new vehicles and equipment. She read only the caption
of the ordinance on first and only reading after having satisfied the requirements of the City Charter.
Motion by Carr, second by Oliver to approve Ordinance 2006-32 on first and only reading. Approved
5-0. (Sansing and Snell absent)
Nelon congratulated the Finance Department and the team that worked together to accomplish the
excellent bond rating.
LL3. First Reading of an Ordinance Amending Chapter 8.32 of the Code of Ordinances Relating to Smoking in
Public Places to Exempt Charitable Bingo Facilities -- Paul E. Brandenburg, City Manager
Brandenburg
explained
the
item and noted that there
was a workshop held
last
night on this subject. He
read only the
caption of
the
ordinance on first reading
after having satisfied
the
requirements of the City
City Council Meeting Minutes/April 25, 2006
Page 4 of 15 Pages
e3I'fTW'Ai
Speaker, Naomi Walker, told Council that the Georgetown Housing Authority has contracted with the
Clements Boys' and Girls' Club to run charitable bingo in Georgetown. She gave statistics about bingo
players, saying most are female, 55 or older, and are smokers. She said the proposed facility would have
separate smoking and non-smokinig areas. She asked that bingo halls be exempted from the no smoking
ordinance like bars, and some restaurants in Georgetown. There was discussion regarding how the
separation is required to be executed. Brandenburg asked the applicant to supply information about his
method of partition/barrier.
Eason said the only reason there are exemptions currently in the ordinance is because those places existed
prior to the smoking ordinance. She read headlines regarding cities and states that have gone smoke-free.
She said she watched her father die from cancer of the throat and watched her mother-in-law die from
emphysema. She asked what this says to the children in the Boys and Girls Club for their city to condone
smoking.
Smith said he has changed his mind several times regarding this issue, but said he believes gambling,
even a modest form such as the lottery or bingo, does not enhance a community, and a bingo hall would
not enhance Georgetown. He said he's not sure the Boys' and Girls' Club will make money on this. He said
he plans to vote "no."
Carr said he agrees totally with what Eason said. He said the cost of health care effects everyone.
Oliver said he also has conflicts about how to vote, but agrees with Eason. He said he would like to see the
Council "take on the restaurants" in Georgetown. He said if the City allows restaurants to have smoking,
there's no basis for not allowing the bingo halls to have smoking.
Motion by Smith, second by Carr to deny the ordinance. Motion by Oliver, second by Eason to amend to
attach an instruction to staff to return with an ordinance dealing with smoking in public places. There was
discussion as to whether that kind of ordinance already exists. Carls said there are lists in the current
ordinance for defining types of public places, 10 exemptions, and a vague description of how the
smoking/non-smoking areas are to be separated. Nelon asked Oliver to explain how he wants staff to do to
the ordinance. Oliver said he would like to see staff bring back an ordinance that eliminates the
exemptions. Carr said not to clutter this issue with a new ordinance. Smith said he agrees with Carr. He
said for the people that own restaurants and bars, this is a significant issue and should be brought back to
Council in a way that will allow the restaurant and bar owners to know it is being discussed. Vote on
motion to amend: Denied 3-2. (O„'" ' andEas Smith, Carr, and Kirby *opposed)(Sansing and Snell
absent) Original motion to deny. Approved 4-1. (Oliver opposed)(Sansing and Snell absent) (*As
corrected by Snell at the May 9, 2006 Council Meeting)
S Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau
Board for the approval of the corrected Convention and Visitors Bureau Board Bylaws -- Rob Hardy, CVB
Chair; Shelly Hargrove, Tourism Director; and Randy Morrow, Director of Community Services
Yantis explained the corrections to the Bylaws that are recommended by the Convention and Visitors
Bureau Board, being dates and times of regular board meetings, removing the name of a staff person, and
making a generic statement as to how to sign up to speak. Motion by Kirby, second by Eason to approve
the corrected Bylaws. Approved 6-0. (Snell absent)
T Consideration and possible action to approve the purchase of an asphalt paver from Conley -Lott Nichols
through the Texas Local Government Cooperative contract in the amount of $99,716.00 -- Marsha Iwers,
Purchasing Manager and Micki Rundell, Director of Finance and Administration
Iwers explained the item, saying there is no known local source for this equipment. Motion by Carr, second
by Eason to approve the purchase. Approved 5-0. (Snell and Sansing absent)
U Consideration and possible action to renew the Fire Billing for Services Contract with ICProcess.com --
Anthony Lincoln, Fire Chief
Lincoln
explained
that this
is the fourth
and final year for extension
of the contract. Motion
by Smith,
second
by Carr to
approve
the renewal
of the contract. Approved
5-0. (Sansing and Snell
absent)
V Consideration and possible action to amend Resolution 021406 -HH Calling the General Election on May
City Council Meeting Minutes/April 25, 2006
Page 5 of 15 Pages
13,
2006, to
revise
the
list of early voting and election day polling locations -- Sandra D. Lee, City Secretary
and
Patricia
E.
Carls,
City
Attorney
Lee explained the item, saying certain of the original early voting and election day voting locations have
been removed by the Williamson Counthy Elections Administrator due to no longer needing to hold
elections for District 1 and GISD. Motion by Smith, second by Oliver to approve the resolution. Approved
5-0. (Sansing and Snell absent)
W Consideration and possible action to approve a letter to be signed by the Mayor regarding opposition to
the Communiciations, Opportunity, Promotion, and Enhancement Act of 2006 -- Paul E.
Brandenburg
Brandenburg explained the reason he feels the City needs to oppose the proposed act. Motion by Kirby,
second by Eason to approve the letter. Approved 5-0. (Sansing and Snell absent)
X Consideration and possible action to approve the Williams Drive Gateway Redevelopment Master Plan
and to direct staff to take the necessary steps to begin its implementation -- Tom Yantis, Assistant City
Manager
Yantis explained the item and noted that the Council had received a workshop on this item last night. He
noted that the purpose of the Williams Drive Gateway Redevelopment Master Plan is to revitalize an area
that has seen decline due to the fact that the direction of the frontage roads was changed and has created
problems with traffic circulation. He said a steering committee was formed, stakeholder interviews were
done, and a week-long charette process led to the creation of the Redevelopment Master Plan. He asked
for Council's approval to go forward with the following steps for implementaiton: (1) Guide redevelopment
of McCoy Elementary School; (2) Communicate Plan objectives to all property owners in and near Study
Area; (3) Explore a Master Development Agreement; (4) Revise the land development regulations; and (5)
Anticipate infrastructure improvements. Oliver asked for the type of bonds that would be needed. Yantis
said it would depend on the type of improvements done.
Smith said he thinks this is a very ambitious process and feels it is very farsighted. Motion by Smith,
second by Eason to approve. Kirby said he sees success in pooling people's interests. Oliver said he feels
the City needs to take the lead to maintain quality in this City. He said he feels there are risks, but also
feels they are worth taking. Vote on the Motion: Approved 5-0. (Sansing and Snell absent)
Y Consideration and possible action to approve a resolution expressing official intent to reimburse partial
cost of the airport control tower, not to exceed $250,000 with proceeds from bonds that will be issued at
a later time -- Laurie Brewer, Assistant Director of Finance and Administration and Micki Rundell, Director of Finance
and Administration
Brewer explained the item and noted that the City has accepted a grant from TXDOT with a budget of $1.67
million, saying $1.5 million will come from TXDOT. She said it is now at the bid process. She said this
resolution would give legal authority to issue debt. She said the budget is $350,000 over the project
amount with cost sharing from TXDOT, but the City will be forced to bear some of the costs of the overages.
She said the City believes excess revenues will offset costs. Smith confirmed that all of the money would
come out of the Airport Fund and none from the General Fund.
Speaker, Don Allen, said he encourages Council to continue to support the control tower. Motion by
Eason, second by Oliver to approve the reimbursement. Approved 5-0. (Sansing and Snell absent)
Z Consideration and possible action to authorize the Mayor to execute a construction contract with Fazzone
Construction Co., Inc. in the amount of $1,670,400.00 for the construction of an Air Traffic Control
Tower (ATC) at the Georgetown Municipal Airport -- Travis McLain, Airport Manager and Tom Yantis,
Assistant City Manager
McLain explained the item. Kirby asked about the request to TXDOT. It was discussed that there may not
be any available funds left. Motion by Eason, second by Carr to approve the construction contract.
*Approved 5-0. (Sansing and Snell absent) (*as approved by Snell at the May 9, 2006 Council Meeting.)
Sansing arrived on the dais at 7:06 p.m.
AA Consideration and possible action on a Public Review Final Plat for 10.324 acres in the C. Joyner Survey
City Council Meeting Minutes/April 25, 2006
Page 6 of 15 Pages
and J. Sutherland Survey, to be known as Estates of Westlake, Phase 4B, located on Portafino Lane, with
variances to the Subdivision Regulations -- Carla J. Benton, Development Planner and Bobby Ray, AICP, Director
Planning and Development
Benton said this is still part of a concept plan approved in 1999, and will be coming in under the prior
Subdivision Regulations. She explained the requested variances, saying staff recommends approval of the
variance for the right-of-way width, but staff recommends denial of the variance for driveway width. She
said the Planning and Zoning Commission approved the plat and both variances. Carts noted there is a
super majority vote required. There were questions regarding the variances. Motion by Sansing, second
by Smith to approve the plat and the variances. There was further discussion regarding the difference
between the staff and the Planning and Zoning Commission opinions of approval. Smith asked the
developer to speak. Tom Wafts explained to Council the difficulty in the configuration. Vote on the
Motion: Approved 5-1. (Eason opposed, Snell absent)
BB Consideration and possible action on a Preliminary Plat for 155.24 acres in the Burell Eaves Survey to be
known as Shady Oaks Estates, Section Four, Phases 6, 7, 8, 9, and 10, located off Buena Vista Drive --
Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development
McCollum explained the item, saying staff is supportive of the plat, and Phase 10 will be adjacent to Sun
City. She said staff will work with the developer regarding the connectivity. Motion by Smith, second by
Sansing to approve. Approved 6-0. (Snell absent)
CC Consideration and possible action regarding a request to approve the allocation of funds to assist in
making the sidewalks ADA compliant along West 7th Street in front of the former Gold's Department Store
-- Rebecca Rowe, Historic District Planner and Bobby Ray, AICP, Director Planning and Development
Rowe noted that a recent renovation has reconfigured and restored a number of store fronts and has
changed their relationship to the sidewalk, so the applicant is proposing to raise the grade of the sidewalks
to meet the store fronts. She said staff is supportive of cost participation from the Council consistent with
other projects downtown.
Speaker, Rick O'Donell, architect on the Gold's Building, said he speaks on behalf of Brian and Marsha
Farney, owners of the old Gold's Building. Motion by Sansing, second by Oliver to approve the funding.
Smith said he thinks all sidewalks in Georgetown need to be accessible. Vote on the motion: Approved
6-0. (Snell absent)
DD Consideration and possible action to approve the Park Central Boulevard - Street Upgrade Performance
Agreement -- Mark Thomas, Economic Development Director and Patricia E. Carls, City Attorney
Brandenburg said the existing businesses, as well as a proposed business, were concerned about the
condition of the roads. He said the Georgetown Transportation Enhancement Corporation (GTEC)(4B
Board) agreed that the condition of the road was an impediment to economic development, and the
upgrade was placed on the GTEC Budget in July, 2005. Sansing asked and Thomas noted that about 20%
of the road is already a city street. Motion by Sansing, second by Carr to approve the Performance
Agreement. Oilver asked and Thomas responded that the Turnco jobs average $32,000 per year and the
Ferguson jobs average $25,000 or $26,000. Kirby said he doesn't support this project because the entire
road was not approved as a city road when the property was annexed because of the condition of the road.
He said the jobs already existed in both companies, and there are only seven additional jobs to be brought
in for this work. He said city tax dollars would be spent on what he doesn't think is a good deal. Sansing
said Turnco came to Georgetown with the idea that the road would be improved. He said the building to be
built could house 150 to 200 employees. Smith said even if this company "went away," another company
could come in and use this facility, saying this is a local developer and GTEC has contributed to many
out-of-state developers. Brandenburg said this road intersects with Commerce Blvd. and on the backside
of Commerce Blvd are five more lots that would be marketable once the road is improved. He said GTEC
saw this as an investment of $500,000 for the future. Oliver expressed that it is a benefit for the developer,
and he is very uncomfortable with the City's contribution. Vote on the motion: 4-2 (Kirby and Oliver
opposed)
EE Consideration and possible action to approve the Vista Solutions, LP Performance Agreement -- Mark
Thomas, Economic Development Director and Patricia E. Carts, City Attorney
Thomas noted that Vista Solutions wants to move to Georgetown. He said the Georgetown Economic
Development Corporation (GEDCO) (4A Board) reviewed and approved a peformance agreement that
City Council Meeting Minutes/April 25, 2006
Page 7 of 15 Pages
involves Vista Solutions at the old Mileham building on the Square with the upstairs used by their software
development company and a restaurant/sports grill downstairs to be open in the evening. Thomas
explained that the incentive from the 4A has safeguards for the use of the funds, with a grant on the "back
end" after the jobs have been created for a year. He said measuring will take place on August 1, then next
year measure how many full-time jobs at over $60,000 per year have been created. He said there is a
formula in the agreement for how much is to be received in a grant, saying if at least ten jobs are retained,
Vista will be able to keep a $30,000 grant, and If the number is below ten, there would be a $3,000
reduction per job. Motion by Eason, second by Smith to approve the Performance Agreement. Approved
6-0. (Snell absent)
FF Consideration and Possible Action to extend the filing requirements of H.B. 914 and Chapter 176, Local
Government Code to include Assistant City Managers, department heads and other City employees whose
employment includes providing contract review and advice -- Paul E. Brandenburg, City Manager
Brandenburg noted that Council had asked for a workshop about this regarding the impact this has on staff.
He said staff has tried contacting the Attorney General's office, but they are unwilling to speak until the
Attorney General has come forward with an opinion. He said staff also contacted TML, and they will not
send a representative at this time. He said TML is planning a workshop in August for cities, so staff
recommends waiting until after August 21 for a workshop with the Council. Motion by Sansing to approve
extending the filing requirements to include Assistant City Managers, department heads, and other City
employees whose employment includes providing contract review and advice. Sansing said he thought the
form should be changed to include all suppliers that an employee deals with. Carls noted that the forms are
state regulated and the City is not able to change them. Kirby said the forms are poor, but in time, that will
be overcome, and that is no reason to not conform with the law. Carls said she is not sure what steps are
needed if it passes. Carr said he doesn't think the Council knows what they are dealing with. Eason said
she has a problem with the fact that the law goes down to further levels, such as spouses, children and
parents. Motion by Eason to amend that the extension covers only the Assistant City Managers, "period."
The motion died for lack of second. Sansing withdrew his motion. Oliver made Sansing's motion and
Kirby seconded to approve extending the filing requirements to include Assistant City Managers,
department heads, and other City employees whose employment includes providing contract review and
advice. Oliver said it is important and even if there are problems, the requirement for disclosure should be
extended, in spite of the ambiguities, so that everyone will know the City is "squeaky clean." Brandenburg
pointed out that the requirement is only for disclosure and not for recusal, which is a "big hole" that needs to
be dealt with. He said the whole state is dealing with this, involving elected and appointed officials. Motion
by Eason, second by Sansing to amend that the extension covers Assistant City Managers, "period," until
the Attorney General issues an opinion. Vote on amendment: Denied 3 *2 4. (Oliver, Kirby, Carr and
Smith opposed.) Vote on original motion: Tied 3-3. (Eason, Carr and Sansing opposed) Nelon voted
against to break the tie. (Eason, Carr, Sansing and Nelon opposed) (*As corrected by Snell at the May 9,
2006 Council Meeting)
GG Consideration
and possible action to
approve
the appointment
of Van
Chandler to the Airport Advisory to
fill the recently
vacated position that
expires in February, 2007 -- Mayor
Gary Nelon
Motion by Sansing, second by Carr to approve the appointment. Approved 6-0. (Snell absent)
HH 2006 Statewide Transportation Enhancement Program
1. Public Hearing on the City of Georgetown's 2006 Statewide Transportation Enhancement Program
project nominations -- Tom Yantis, Assistant City Manager
Yantis said this is set-aside funds from the federal gas tax to implement transportation -related projects
that are not road projects. Yantis read a brief description of each of the following projects: (1) Austin
Avenue pedestrian bridge; (2) Sidewalk improvements along state highways; (3) Northeast Georgetown
Trail; (4) Williamson county Pedestrian and Bicycle Safety Program; (5) Historic former city hall and fire
station restoration; and (6) Texas Aviation and Automotive Museum.
The public hearing was opened at 8:01 p.m. There were no comments. The Public Hearing was
closed at 8:01 p.m.
2. Consideration and possible action to approve a resolution of funding and support for the City of
Georgetown's 2006 Statewide Transportation Enhancement Program project nominations -- Tom Yantis,
Assistant City Manager
City Council Meeting Minutes/April 25, 2006
Page 8 of 15 Pages
Yantis explained that the projects, if funded, would be 80% from the state, 20% from the city. He said If
any projects are selected, an appropriate funding mechinism would be brought back to Council for
approval. Motion by Sansing, second by Carr to approve. Approved 6-0. (Snell absent)
3. Consideration and possible action to provide a priority ranking to the 2006 City of Georgetown
Statewide Transportation Enhancement Program project nominations -- Tom Yantis, Assistant City
Manager
Yantis said the Department of Transportation allows each local entity to rank the projects. Yantis
explained that the only time he would recommend setting priority would be if there were a tie between
two of the City's projects. He said Bob Daigh of the Department of Transportation said he would allow
a local council to break a tie. Motion by Oliver, second by Kirby to approve making a priority decision if
notified by the Department of Transportation that two of the City's projects were tied. Approved 6-0.
(Snell absent)
8:05 p.m. -- recessed
8:14 p.m. -- resumed
II Items forwarded from the Georgetown Utility Systems (GUS) Board
1. Consideration and possible action to approve a contract amendment between the City of Georgetown
and Camp, Dresser, and McKee, Inc (CDM) for professional services related to the design of Rabbit
Hill Pump Station for $167,200.00 -- Glenn Dishong, Water Services Manager, Jim Briggs, Assistant City
Manager for Utility Operations
Dishong explained the item and noted that, as previously requested by Council, an analysis was done,
the item went back to the Georgetown Utility System Advisory Board (GUS), and is now back to
Council. Motion by Smith, second by Carr to approve the contract amendment. Sansing said he
thinks the City needs to go out for Request For Proposals, choose the best qualified, and then
negotiate a price. Brandenburg said staff did a very good presentation on these items and suggested
that staff also provide that presentation to Sansing, so he could better understand why the City is going
with CDM. Briggs noted that the City does ask for a Request for Qualfifications for these contracts.
Approved 5-1. (Sansing opposed, Snell absent)
2. Consideration and possible action to approve a contract amendment between the City of Georgetown
and Camp, Dresser, and McKee, Inc. (CDM) for professional services related to the design of the
Southside Water Treatment Plant Upgrade for $18,600.00 -- Glenn Dishong, Water Services Manager,
Jim Briggs, Assistant City Manager for Utility Operations
Dishong explained the item, saying it was further investigated and went back to the GUS Board.
Motion by Sansing, second by Eason to approve the contract amendment. Approved 6-0. (Snell
absent)
3. Consideration and possible recommendation to award a contract to McLean Construction, Ltd. of
Killeen, Texas for the construction of the Pecan Branch Interceptor Phase III and to establish a
project budget of $515,000.00 -- Glenn Dishong, Water Services Manager, Jim Briggs, Assistant City Manager
for Utility Operations
Dishong explained that there were six bidders, and McLean had the low bid. Sansing asked about the
project budget being over the contract amount. Dishong said the overage will take care of small
variances in unit prices. Motion by Sansing, second by Kirby to approve the contract. Approved 6-0.
(Snell absent)
Jul Second Readings
1. Second Reading of an Ordinance amending Section 8.04.090 of the Code of Ordinances regarding
open burning under certain circumstances in accordance with State laws and local regulations --
Anthony Lincoln, Fire Chief
Lincoln explained
the item
and read only the caption of the ordinance on second reading. Motion by
Sansing, second
by Eason
to approve Ordinance 2006-26, Approved
6-0. (Snell absent)
2. Second Reading of an ordinance amending Title 2 of the Code of Ordinances entitled "Administration"
City Council Meeting Minutes/April 25, 2006
Page 9 of 15 Pages
to establish the Housing Advisory Board -- Tom Yantis, Assistant City Manager
Yantis read only the caption of the ordiance on second reading. He noted that the requested changes
were made on second reading. Motion by Sansing, second by Eason to approve Ordinance 2006-27.
Approved 6-0. (Snell absent)
3. Second Reading of an Ordinance Rezoning Lots 8 and 9 of the Anderson Addition from RS,
Residential Single-family to Planned Unit Development (PUD), (to be included into the Southwestern
University PUD), located at 1105 and 1107 E. Eighth Street -- Bobby Ray, AICP, Director Planning and
Development
Ray read only the caption of the ordinance on second reading. Motion by Eason, second by Smith to
approve Ordinance 2006-28. Kirby asked about the letter Council had received. Eason said it was
regarding the ordinance including a parking permit. She said she discussed it with the person and they
are willing to give that a try. Vote on the motion: Approved 6-0. (Snell absent)
(The following items, KK -1 through KK -4, were handled at the beginning of the Regular Agenda.)
KK First and Only Reading
1. First and Only Reading of an ordinance authorizing the issuance of City of Georgetown, Texas Utility
System Revenue Bonds, Series 2006, in an amount not to exceed $8,710,000, approving an offiicial
statement and other matters related to the issuance of the bonds -- Micki Rundell, Director of Finance and
Administration
2. First and Only Reading of an ordinance authorizing the issuance of City of Georgetown, Texas Utility
System Revenue Refunding Bonds, Series 2006A, approving the official statement and other matters
related to the issuance of the bonds -- Micki Rundell, Director of Finance and Administration
3. First and Only Reading of an ordinance authorizing the issuance of City of Georgetown, Texas Limited
Tax Refunding Bonds, Series 2006, in an amount not to exceed $7,790,000, approving an official
statement and other matters related thereto -- Micki Rundell, Director of Finance and Administration
4. First and Only Reading of an ordinance authorizing the issuance of City of Georgetown, Texas
Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2006, in
an amount of $5,395,000, approving an official statement and other matters related thereto -- Micki
Rundell, Director of Finance and Administration
LL First Readings
1. First Reading of an Ordinance Amending Chapter 2.100 of the Code of Ordinances repealing
provisions relating to the Economic Development Commission and establishing a new Economic
Development Advisory Board; stating the number, term and qualifications of board members;
requiring an operating plan; stating the purpose of the Board; describing the reporting structure for the
Board; and approving the Board's 2006 Operating Plan -- Mark Thomas, Economic Development Director
and Paul Brandenburg, City Manager
Brandenburg said the Economic Development Department was reorganizaed in 2003; Mark Thomas
was hired as the Director; the 4B Board, Georgetown Transportation Enhancement Corporation
(GTEC), was created; the 4A Board, Georgetown Economic Development Corporation (GEDCO), was
created; there are now three people on the economic development staff; and last year in November, a
retreat was held to review the purpose of economic development. He said economic development
decisions will now go to a new advisory board, instead of to a commission, and there will be seven
members instead of eleven. He said the decisions were not negative, saying the commission members
wanted to change and reinvent themselves consistent with their action plan. He read only the caption
of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by
Carr, second by Smith to approve the establishment of the new Board. Oliver noted that Council didn't
receive the Operating Plan. Carls said it would be included in the second reading. Vote on the
motion: Approved 6-0. (Snell absent)
2. First Reading of an Ordinance amending Chapter 12.40. of the Code of Ordinances of the City of
Georgetown entitled City Cemeteries -- Paul E. Brandenburg, City Manager
Brandenburg
noted that the City is currently
losing
$26,000
per year on the cemetery.
He said there
will now be a
maintenance account, and the
City is
looking
to solicit volunteer payment
from families
City Council Meeting Minutes/April 25, 2006
Page 10 of 15 Pages
connected with previous burials to put toward a maintenance fund. He said a master plan of the site
will provide the number of years of duration of the cemetery. He suggested that the City will review
fees annually, saying the fees at the IOOF Cemetery are very inexpensive compared to other
cemeteries. He read only the caption of the ordinance on first reading after having satisifed the
requirements of the City Charter. Motion by Sansing, second by Eason to approve the ordinance on
first reading. Oliver confirmed that the City will not buy additional land to remain in the cemetery
business. Approved 6-0. (Snell absent)
3. First Reading of an Ordinance Amending Chapter 8.32 of the Code of Ordinances Relating to Smoking
in Public Places to Exempt Charitable Bingo Facilities -- Paul E. Brandenburg, City Manager
This item was handled earlier, at the beginning of the regular agenda.
4. First Reading of an ordinance amending Title 10 of
the Code of Ordinances
relating to vehicles, adding
a new subsection
10.04.080 titled Vehicle Idling --
Tom Yantis, Assistant City
Manager
Yantis noted that this ordinance is in compliance with the implementation of the Early Action Compacts
(EAC) designed to achieve and maintain an 8 -hour ozone standard. Motion by Eason, second by
Sansing to approve the ordinance on first reading. Approved 6-0. (Snell absent)
5. First Reading of an Ordinance on a Comprehensive Plan Amendment for 1222.6 acres in the Fredrick
Foy and Lewis P. Dyches Surveys to be known as the Cowan Springs development, located north and
west of Sun City Georgetown, to amend the Future Land Use Pian for 213.4 acres from Residential to
Office/Retail/Commercial use, 60.0 acres from Residential to Mixed Use and 15.0 acres of Williams
Drive Mixed Use and 19.4 acres of Industrial to Residential, and to amend the Intensity Plan from
Level I and Level 2 to 757.5 acres at Level 3, 60.0 acres at Level 4, and 213.4 acres at Level 6 --
Edward G. Polasek, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development
This item was moved to later in the meeting.
6. First Reading of an Ordinance on a Comprehensive Plan Amendment to change the Future Land Use
from Commercial, Mixed, and Residential to TOD Mixed Use Area for portions of several properties in
the William Addison Survey and L.J. Dyches Survey to be known as the TOD Mixed Use Area, located
around the intersection of Inner Loop and Maple Street and change the Thoroughfare Plan to
add a light rail line along Maple Street for several properties in the William Addison Survey, J.
Robertson Survey, and J. Mott Survey, located along the proposed Maple Street Extension south
of Inner Loop to the southernmost limit of the Georgetown ETJ -- Edward G. Polasek, AICP,
Development Planner and Bobby Ray, AICP, Director Planning and Development
Polasek explained that this land use plan has to be adopted to allow the existance of the
transit -oriented district. He read only the caption of the ordinance after having satisfied the
requirements of the City Charter. Sansing confirmed that this property has been annexed. Motion by
Eason, second by Smith to approve the ordinance on first reading. Approved 6-0. (Snell absent)
MM Consideration and possible action to direct staff to add an amendment to the current cycle of UDC
amendments related to building height in the Downtown Overlay District -- Doug Smith, District 3
Councilmember
Smith said downtown property is getting to be very expensive and owners are wanting to build higher. He
recalled that a previous project failed because of the height restriction. He said for that project he had
suggested a setback of equivalent amount as the amount that was exceeding the height requirement. He
said he wished this modification had been included in the UDC amendments. He said the issue has come
up again to go over the 40 feet with a setback. He said he is proposing to add another amendment to the
current cycle of UDC amendments to go another 10 feet to a maximum of 50 feet with a one-to-one setback
from the street. Motion by Smith, second by Sansing to allow a maximum of 50 feet with a one-to-one
setback from the street. Sansing said the topography varies, so some buildings, even at 50 feet, would not
create a site obstruction.
Speaker, Renee Hanson, said she has been very involved with the design guidelines for the downtown.
She asked that the Historic and Architectural Review Commission (HARC) be allowed to work under the
ordinance before amending it. She said Council always has the right to amend at any time and asked that
Council allow the ordinance to work before it is amended. She also said she supports the amendments to
City Council Meeting Minutes/April 25, 2006
Page 11 of 15 Pages
the UDC that are on this agenda.
Oliver said he agrees with Hanson and there is already an opportunity for HARC to exempt specific
properties.
Smith said it is important to view from the street level and that's why he favors the setback. He said the
building could be in concert with the rest of downtown and yet be taller because you could never see the
height from street level. Sansing clarified that the height above 40 feet would be the amount matched in the
setback. Smith said it might be that HARC could handle it property, but the HARC guidelines are
subjective, and he said he would hate to see the project turned down because it doesn't meet the HARC
restrictions.
Eason said she thinks the HARC process needs to be given a chance to work. She said she finds Smith's
motion to be unflexible, and she said she feels the HARC guidelines are flexible. She said HARC has
authority to approve the higher heights based on an extraordinary project, saying the developer needs to
bring that forth to HARC.
Carr said he
thinks there was a
failure on the project on
7th street, and
he thinks the Council needs to give
HARC some
direction. He said
he doesn't see how this
change would
hurt.
Kirby said he agrees with Eason and feels the process needs to be worked through.
Vote on the motion: Tied 3-3. (Eason, Kirby and Oliver opposed) Nelon voted to break the tie. Nelon
opposed. (Eason, Kirby, Oliver, and Nelon opposed)
Motion by Sansing to pull the next two items, saying he had asked how these changes would take effect and said he
is not willing to vote until provided with the requested information. Nelon said it was posted as a public hearing and
confirmed with Carls that the Council can't pull the public hearing.
NN Public Hearings/First Readings
1. Public Hearing to Consider the following Amendments to the Unified Development Code: 1.03.C. -
"Applicability", 1.03.D. - "Applicability", Table 1.04.040 - "Zoning District Names and Standards
Changes", Table 2.01.020 - "Summary of Review Authority", 2.02.010.6.1.d. — "Director of Planning
and Development Services", 2.02.010.B.1.e. — "Director of Planning and Development Services",
2.02.040.6. — `Building Official", 3.09.070 — "Site Plan Review", 3.12.040 — "Master Sign Plan",
3.13.010 — "Certificate of Design Compliance", 3.13.020 — ""Certificate of Design Compliance", Table
4.01.010 — "Zoning Districts", 4.04.020.C. — "Non -Residential Districts", 4.04.020.H. — "Non -Residential
Districts, 4.04.020.1. - "Non -Residential Districts, 4.04.030.A.6.a. — "Special Districts", 4.05.040.D.11 —
"SP Standards for Williams Drive (F.M. 2338), 4.06.010.F. — "Downtown Overlay District Standards",
Table 5.01.020 — "Types of Uses", 6.02.010 — "Residential Development Standards", Table 6.02.030 —
"Housing Type Dimensional Standards", Table 6.03.020 — "Non -Residential Dimensional Standards",
6.03.040.6.1. — "Non -Residential Lot Dimensions Interpretations and Exceptions", 7.03.020.E.1. —
Requirements for Residential Housing Types", 7.03.060 — "Boundary Walls for Residential
Subdivisions", Table 9.02.030.A. — "Off Street Parking Requirements", 9.02.060.H. — "Alternative
Parking Plans in the Downtown Overlay District", 10.03.010.A. —"Exempt Signs", 10.03.020.H. -
"Provisionally Exempt Signs", Table 10.06.010 — "Sign Dimensional Standards", 10.07.010 — "Private
Property", 11.02.010.A. — "Impervious Cover Limitation Established", 12.02.020.1. — "General
Requirements", 13.01.050 — "Subdivision Development Exemption", 13.04.070 — "Utilities in Rural
Subdivision", 13.06.030 — "Sanitary Sewer System", 14.04.010 — "Compliance for Nonconforming
Structures", 16.03.050.F. — "Commercial Use Categories", and 16.04 —"Definition of Uses" -- Bobby
Ray, AICP, Director Planning and Development
Ray explained that these amendments were sent to the Planning and Zoning Commission on October
4, then to Council on October 11, with two public workshops held in March.
The Public Hearing was opened at 8:57 p.m. There were no comments. The Public Hearing was
closed at 8:57 p.m. Nelon noted that these amendments have had the proper public hearings, and no
one has come forward with any concerns.
2. First Reading of an Ordinance Amending the following Sections of the Unified Development Code:
1.03.C. - "Applicability", 1.03.D. - "Applicability", Table 1.04.040 - "Zoning District Names and
Standards Changes", Table 2.01.020 - "Summary of Review Authority", 2.02.010.B.1.d. — "Director of
Planning and Development Services", 2.02.010.B.1.e. — "Director of Planning and Development
City Council Meeting Minutes/April 25, 2006
Page 12 of 15 Pages
Services", 2.02.040.6. — "Building Official", 3.09.070 — "Site Plan Review", 3.12.040 — "Master Sign
Plan", 3.13.010 — "Certificate of Design Compliance", 3.13.020 — ""Certificate of Design Compliance",
Table 4.01.010 — "Zoning Districts", 4.04.020.C. — "Non -Residential Districts", 4.04.020.H. —"Non -
Residential Districts, 4.04.020.1. - "Non -Residential Districts, 4.04.030.A.6.a. — "Special Districts",
4.05.040.D.11 — "SP Standards for Williams Drive (F.M. 2338), 4.06.010.F. — "Downtown Overlay
District Standards", Table 5.01.020 — "Types of Uses", 6.02.010 — "Residential Development
Standards", Table 6.02.030 — "Housing Type Dimensional Standards", Table 6.03.020 — "Non -
Residential Dimensional Standards", 6.03.040.B.1. — "Non -Residential Lot Dimensions Interpretations
and Exceptions", 7.03.020.E.1. —Requirements for Residential Housing Types", 7.03.060 — "Boundary
Walls for Residential Subdivisions", Table 9.02.030.A. — "Off Street Parking Requirements",
9.02.060.H. — "Alternative Parking Plans in the Downtown Overlay District", 10.03.010.A. — "Exempt
Signs", 10.03.020.H.- "Provisionally Exempt Signs", Table 10.06.010 —"Sign Dimensional Standards",
10.07.010 —"Private Property", 11.02.010.A. — "Impervious Cover Limitation Established", 12.02.020.1.
—"General Requirements", 13.01.050 — "Subdivision Development Exemption", 13.04.070 — "Utilities in
Rural Subdivision", 13.06.030 — "Sanitary Sewer System", 14.04.010 — "Compliance for Nonconforming
Structures", 16.03.050.F. — "Commercial Use Categories", and 16.04 — "Definition of Uses" -- Bobby
Ray, AICP, Director Planning and Development
Ray read only the
caption
of
the ordinance
on
first reading after
having satisfied
the requirements of
the City Charter.
Motion
by
Smith, second
by
Kirby to approve.
Approved 6-0.
(Snell absent)
3. Public Hearing to Consider an Amendment to Chapter 8 of the Unified Development Code (UDC)
pertaining to "Landscaping and Buffering" -- Bobby Ray, AICP, Director Planning and Development
Ray noted that this amendment was separated from the previous amendments due to its size, and
reformatting. The Public Hearing was opened at 9:04 p.m. There were no comments. The Public
Hearing was closed at 9:04 p.m.
4. First Reading of an Ordinance Amending
Chapter
8 of
the Unified Development Code (UDC)
pertaining to "Landscaping and Buffering" --
Bobby Ray,
AICP,
Director Planning and Development
Ray read only the caption of the ordinance on first reading after having satisfied the requirements of
the City Charter. Motion by Sansing, second by Carr to approve the ordinance on first reading.
Sansing asked questions about street trees. McCollum noted the part about street trees in Chapter 8
didn't change. Sansing said he thinks street trees need to be set further back. Yantis noted that clear
site triangles are already covered in the ordinance. Eason asked if the arborist was consulted on this
section. There was discussion regarding elements of Chapter 11, which was not part of this round of
amendments. Motion by Eason, second by Sansing to amend to add language to be specific that
people have to work with the arborist, giving her authority to make decisions regarding landscaping;
and add to give credit not only for saving trees, but also for removing invasive exotics. Smith asked
what happens if the arborist is absent, on vacation, or no longer works at the City. Nelon noted that
there should be clear guidelines, not just dependence on an authority. Ray said procedurally the
arborist is reviewing tree protection, etc. Smith suggested using "review with staff," rather than listing
the arborist as the only authority. Ray noted that officials are listed in the UDC along with a description
of their duties in Chapter 2.02. Eason's motion was considered a friendly amendment.
5. Public Hearing to Consider a Rezoning of 24.74 acres in the Antonio Flores Survey, Abstract No. 235,
from AG, Agriculture to C-1, Local Commercial located at the northeast corner of North Austin
Avenue and County Road 151 -- Bobby Ray, AICP, Director Planning and Development
Ray explained the item, saying the applicant is asking for this rezoning in order to build a 160 -unit
apartment with some retail. He said staff recommends approval with the condition of C-1 zoning to
ensure the development and maintenance of the 160 -unit multi -family residential component. He said
the Planning and Zoning Commission approved. The Public Hearing was opened at 9:19 p.m. There
were no comments. The Public Hearing was closed at 9:19 p.m.
6. First Reading of an Ordinance Rezoning 24.74 acres in the Antonio Flores Survey, Abstract No. 235,
from AG, Agriculture to C-1, Local Commercial located at the northeast corner of North Austin Avenue
and County Road 151 -- Bobby Ray, AICP, Director Planning and Development
Ray read only the
caption
of
the ordinance on
first reading,
after having
satisfied the
requirements of
the City Charter.
Motion
by
Sansing, second
by Eason to
approve the
ordinance on
first reading.
City Council Meeting Minutes/April 25, 2006
Page 13 of 15 Pages
Oliver confirmed that this is affordable housing.
9:21 p.m. -- Mayor Nelon recused himself
Mayor Pro Tem Doug Smith conducted the remainder of the meeting.
LL- 5. First Reading of an Ordinance on a Comprehensive Plan Amendment for 1222.6 acres in the Fredrick
Foy and Lewis P. Dyches Surveys to be known as the Cowan Springs development, located north and
west of Sun City Georgetown, to amend the Future Land Use Plan for 213.4 acres from Residential to
Office/Retail/Commercial use, 60.0 acres from Residential to Mixed Use and 15.0 acres of Williams
Drive Mixed Use and 19.4 acres of Industrial to Residential, and to amend the Intensity Plan from
Level I and Level 2 to 757.5 acres at Level 3, 60.0 acres at Level 4, and 213.4 acres at Level 6 --
Edward G. Polasek, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development
Polasek said this is Cowan Springs at half the size from a year ago. He explained the amendments
being requested to the Intensity Plan and Future Land Use Plan. He noted that staff is recommending
approval with three conditions, including the condition that the approval of the Century Plan
Amendment will not be complete until an agreement is reached concerning the development of the
property, with a deadline of June 30, 2006. Oliver asked the applicant if the June 30 deadline is good
for him and Wunsch said the development agreement should be completed before then.
Polasek read the caption of the ordinance on first reading after having satsified the requirements of the
City Charter. Motion by Eason, second by Sansing to approve the ordinance on first reading including
staffs conditions. Approved 6-0. (Snell absent)
NN -7. Public Hearing to consider a Rezoning from AG — Agricultural to PUD - Planned Unit Development for
22.537 acres in the Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood
Forty -Two, located north of Neighborhood 44 and Dry Creek Boulevard, west of Sun City Boulevard --
Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development
McCollum explained that this is within the new neighbohoods of Sun City and is a part of the new
Eighth Amended Concept Plan. She said staff recommends approval contingent upon the signing of
the Eighth Amended Concept Plan and Eighth Amended Development Plan for Sun City Texas. The
Public Hearing was opened at 9:28 p.m. There were no comments. The Public Hearing was closed at
9:28 p.m.
8. First Reading of an Ordinance Rezoning from AG —Agricultural to PUD -Planned Unit Development
for 22.537 acres in the Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood
Forty -Two, located north of Neighborhood 44 and Dry Creek Boulevard, west of Sun City Boulevard --
Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development
McCollum read only the caption of the ordinance on first reading after having satisfied the requirements
of the City Charter. Motion by Sansing, second by Carr to approve the ordinance on first reading
contingent upon the signing of the Eighth Amended Concept Plan and Eighth Amended Development
Plan for Sun City Texas. Approved 6-0. (Snell absent)
9. Public Hearing to consider a Rezoning from AG — Agricultural to PUD - Planned Unit Development for
34.846 acres in the Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood
Forty -Three, located north of Neighborhood 44 and Dry Creek Boulevard, west of Neighborhood
Forty -Two -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and
Development
McCollum explained the item and noted that staff approves, contingent upon the signing of the Eighth
Amended Concept Plan and Eighth Amended Development Plan for Sun City Texas. The Public
Hearing was opened at 9:30 p.m There were no comments. The Public Hearing was closed at 9:30
p. M.
10. First Reading of an Ordinance Rezoning from AG —Agricultural to PUD -Planned Unit Development
for 34.846 acres in the Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood
Forty -Three, located north of Neighborhood 44 and Dry Creek Boulevard, west of Neighborhood
Forty -Two -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and
Development
McCollum read only the caption of the ordinance on first reading after having satisfied the requirements
City Council Meeting Minutes/April 25, 2006
Page 14 of 15 Pages
of the City Charter. Motion by Carr, second by Sansing to approve, contingent upon the signing of the
Eighth Amended Concept Plan and Eighth Amended Development Plan for Sun City Texas.
Approved 6-0. (Snell absent)
11. Public Hearing to consider a Rezoning from AG — Agricultural to PUD - Planned Unit Development for
46.705 acres in the Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood
Forty -Six, located west of Neighborhood Forty -Three, north of Dry Creek Boulevard, and west of Sun
City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and
Development
McCollum explained the item, saying staff and the Planning and Zoning Commission are supportive,
contingent upon the signing of the Eighth Amended Concept Plan and Eighth Amended Development
Plan for Sun City Texas. The Public Hearing was opened at 9:31 p.m. There were no comments. The
Public Hearing was closed at 9:31 p.m.
12. First Reading of an Ordinance Rezoning from AG — Agricultural to PUD - Planned Unit Development
for 46.705 acres in the Fredrick Foy Survey to be known as Sun City Georgetown, Neighborhood
Forty -Six, located west of Neighborhood Forty -Three, north of Dry Creek Boulevard, and west of Sun
City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and
Development
McCollum read only the caption of the ordinance on first reading after having satisfied the requirements
of the City Charter. Motion by Sansing, second by Oliver to approve, contingent on the signing of the
Eighth Amended Concept Plan and Eighth Amended Development Plan for Sun City Texas.
Approved 6-0. (Snell absent)
The meeting was adjourned at 09:33 PM.
City Council Meeting Minutes/April 25, 2006
Page 15 of 15 Pages
Attest:
i
dtee