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HomeMy WebLinkAboutMIN 01.25.2011 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Patty Eason, Gabe Sansing, Danny Meigs, Bill Sattler, Pat Berryman, Dale Ross, Tommy Gonzalez Council Absent: All Council Present Staff Present: Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Brettle, City Secretary; Micki Rundell, Chief Financial Officer; Jim Briggs, Assistant City Manager; Elizabeth Cook, Director of Community Development, Kevin Russell, Director of Human Resources and Civil Service, Randy Morrow, Director of Community Services; Valier Kreger, Principal Planner; Ed Polasek, Transportation Services Director; Robbie Wyler, Historic District Planner; Ken Arnold, Energy Conseration and Environmental Serivices Director; Eric Lashley, Library Director; Kimberly Garrett, Parks and Recreation Director; Thomas R. Benz, Systems Engineering Director; Terri Calhoun, Real Estate Services C000rdinator; Glenn Dishong, Utility Director; David Thomison, Water Services Manager; Paul Elkins, Energy Services Manager Regular Session = To begin no earlier than 06:07 PIVI (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.) 1KW11[M* *T,?rT Comments from the Mayor - Welcome and Meeting Procedures City Manager Comments The City will hold elections for City Council seats for Mayor and Districts 2, and 6 on May 14, 2011. The first day to file for candidacy is February 12, 2011, and the last day to file for candidacy is March 14, 2011. On February 12, the Georgetown Animal Shelter will host a free spay or neuter clinic for cats that go outside. The clinic is offered to pet owners who live in the Georgetown City Limits. Please contact the Animal Shelter at (512) 930-3592 or visit our website at www.georgetown.org for more details The 16th Annual Cupid's Chase Run/Walk is on Saturday, February 5, 2011. The run/walk will begin at 8:30 am sharp and will be chip timed. Race will begin at 7th and Main Street in downtown Georgetown. The race is a point-to-point run which will finish at the Bark Park on Holly Street. Shuttles will be available back to the starting line. For more information, please see our website at www.georgetown.org or call 930-8459. City Council Meeting Minutes/ Page 1 of 13 Pages Action from Executive Session Motion by Ross, second by Sansing to approve the contract with 500 South Austin with pedestrian crossing at 5th and/or 6th street and with deletion of the first building to be completed by August 2011 and for the contract to be forwarded to the Georgetown Transportation Enhancement Corporation. Sokolow said this would be the fourth amendment to the contract. Approved 7-0 Motion by Ross, second by Gonzalez to authorize the City Attorney and the City Manager to proceed with the closing of the 210 Central Drive tract at this time for $156,000 plus agreed and customary closing costs. Approved 7-0 ' • • iii;r 111 • • 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 theagenda: 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, January 11, 2011 -- Jessica Brettle, City Secretary D Consideration and possible action to authorize Eric Lashley, Library Director, to proceed in FY 11/12 with plans to purchase and operate a bookmobile within the Georgetown city limits. The library director also seeks permission to apply for two grants related to the bookmobile project -- $25,000 from LCRA and $60,000 from the State Library and Archives Commission -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services E Consideration and possible action to approve submittal of a matching grant application to the Texas Parks and Wildlife Department for a Recreation Trails Grant in the amount of $200,000 to expand the hike and bike trail from Blue Hole Park down Scenic toward Carver Elementary School -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services F Review and possible action to approve a Master Services Agreement with Coulomb Technologies, Incorporated to superintend a subscription and warranted three year period of time December 31, 2013 for the ten (10) (CTI) charging stations installed at strategic locations within the City of Georgetown and owned by the City to promote the regional accessibility for charging EV Automobiles in an amount not to exceed $30,000 -- Ken Arnold, Energy Conservation & Environmental Services Director and Jim Briggs, Assistant City Manager Utility Operations Sattler asked and Arnold said the city is putting in charging stations because, several months ago, the City was approached by Austin Energy because they were preparing for the marketing of Chevy Volt and Nissan Leaf in this region. He noted there was another company working with them that had a federal grant that wanted to place a charging station in the Austin region, including Georgetown. He said he and Briggs began this process in last September. He there is a representative at the meeting tonight if Council has questions. He said they have talked to the Hewlett Car Dealership and added they said they are in receipt of almost 20 Chevy Volts. He noted Houston is installing fifty stations and Georgetown is installing ten. He said staff felt they would be pro active in getting these charging stations installed. He said staff is looking forward to the project and it will be a benefit to customers. He spoke about placing possible stations at Wolf Ranch and throughout the downtown core area. City Council Meeting Minutes/ Page 2 of 13 Pages G Consideration and possible action to approve the third amendment to the development agreement with Campbell -Georgetown #1 Limited Partnership as part of the Shell Road Public Improvement District to extend the repayment terms by 24 months -- Micki Rundell, Chief Financial Officer Motion by Berryman, second by Sansing to approve the consent agenda in its entirety, including a question to Item F. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: H Public Hearing and First Reading of an Ordinance amending the Unified Development Code (UDC) Chapter 2 "Review Authority", Chapter 3 "Applications and Permits", Chapter 4 "Zoning Districts", Chapter 5 "Zoning Uses", Chapter 6 "Residential and Agricultural Zoning Districts: Lot, Dimensional and Design Standards", Chapter 7 "Non -Residential Zoning Districts: Lot, Dimensional and Design Standards", Chapter 11 "Environmental Protection", Chapter 12 "Pedestrian and Vehicle Circulation"; Chapter 13 "Infrastructure and Public Improvements"; Chapter 14 "Nonconformities", and Chapter 16 "Definitions" and amending Section 15.04.045 of the Code of Ordinance to revise the Development Processing Fees for Planning and Development -- Elizabeth A. Cook, Community Development Director Mayor introduced the item and summarized how this item as well as the public hearing will be handled. He noted, if the comments you are about to make are similar if not the same to the speaker before you, please acknowledge and endorse those items and move in order to expedite this process. Cook described the item and said this is the public hearing and first reading of the Ordinance for the fifth round of unified development code amendments from the 200812009 annual update list. She said she will discuss the items based on the subject matter. She said the major topics she will discuss are the Old Town residential additions and infill construction limitations, demolition and removal of historic structures, sidewalk alternatives and home based businesses. She said, as a background, during the UDC task force meetings in 2008 when the list was being created, there was a push to do as much as possible to protect the City's historic resources. She said one of those was to limit the scale, size and mass of new homes being built in the Old Town overlay district as well as the size of additions to those homes. She described the current regulations that are in place. She said there was also a concern that older homes were too easy to demolish or remove. She described the current regulations as it applies to demolitions. She said, related to the Old Town overlay districts, there are proposed limitations for additions and expansions of homes without having to go to the Historic and Architectural Review Commission (HARC) for approval. She said, if someone needs to go beyond these limitations, they would need to go to HARC for a certificate of design compliance. She said the limitations are no additions to street facing facades, building height would be a limit of 30 feet, upper stories will have additional setbacks, additions will be limited to an additional 30% of the home size. She said building sizes would be limited based on the lot size as well. She said the other proposal is related to the demolition of historic structures. She said right now there is a process where if a person wants to demolish a historic property, they would have to go to HARC for approval. She said this amendment will add additional time, of between 175 and 365 days, for HARC to review the proposed demolition or removal of the property. She noted, if this applicant has all supplemental information ready before that time, they can go to HARC and demolish the property earlier if approved. She said the requirements would also establish a basis or justification for someone's request for demolition. She described what could be an appropriate justification. She said, if this Ordinance is passed, HARC would establish a subcommittee to meet with applicant and staff at the pre application conference to determine what the application requirements should be. She noted, in the process, if someone makes an application based on the economic viability of a property then an economic review subcommittee will take place. She noted that subcommittee will meet to determine the economic viability of the property. She continued to describe that process. She said the next option for discussions is sidewalk alternatives and she described that amendment. She noted the next item is the home based business, or home occupation item. She said, today, the UDC does not allow home occupation with on site retail sales and services. She said most of the options before council today will allow more options for home based businesses. She noted there are four different options for Council to consider. She said option one is 503.020 (E), which requires no permits by the City and would apply to the entire City. She noted option two is that whatever options Council approves related to home based businesses, it will apply to the entire City. She said the third option, 503.020(F), would require a special use permit in the Old Town Overlay district for businesses that are classified as a class two business. She added option for is a for a home based business permit to be required. She described the difference between a special use permit and a home based business permit. She said, with both options 3 and 4, the rest of the City outside of Old Town will be under option one's regulations. She said, in option one, there are some internal options related to signage, parking and on site retail services. She spoke about those internal options. She said, in option three, there are uses not allowed that are specifically mentioned. She said there is also a registration required as well. City Council Meeting Minutes/ Page 3 of 13 Pages She noted option three is similar to option four, except option four requires a home based business permit. She added there will also be a 300 foot separation requirement between businesses. Cook said the proposed option in the Ordinance is option one, recommended by staff and the Planning and Zoning Commission, which allows for small signage, on site parking and the limited small scale services uses as well as small on site retail. She said there is also an option that would require registration of home business. She said registration will be only as good or accurate as the people who choose to register themselves as home based businesses. She said that is something that can be done if the Council decides to go that route. She reviewed the other miscellaneous items being recommended in the amendments. Public Hearing was opened at 6:34 PM Speaker, Rick Williamson, said he is speaking in support of option four regarding home based businesses. He said the biggest reason he thinks it is important for option four to pass is that the UDC is the only homeowners association (HOA) downtown folks have. He said they do not have an actual HOA as he presumes many other citizens have in developed communities. He said they are at the mercy of the UDC and added that is why a lot of residents participated in the workshops. He said option four is the one they most support is being they are the ones that live here. He noted they have nothing against home based businesses but they like option four because it is more organized and restrictive like a home based business. He said they are the most delicate and endangered community in Georgetown and they are being attacked for eroding away and turning into a commercial development. He said they are hanging on by the thing threads they have a want the necessary and normal restrictions that are prudent. Speaker, Richard Cutts, said he supports the proposed language on the demolitions and infill amendments_ He said he has seen situations in other towns where similar ordinances were passed only after a significant historic structure fell. He said he agrees in most cases with Mr. Williamson regarding home based businesses. He said many people have moved to Georgetown and decided to settle in Old Town because of the neighborhoods and historic structures. He said important in that is because it is zoned residential. He said, however, he has recognized in the past that some structures were commercial. He said he has seen other towns where commercial development creeps in slowly. He said Old Town is not protected by an HOA and is dependent on the Council, Planning and Zoning, and HARC via the UDC. He said this is to ensure residential areas maintain its residential charms. He said he is in favor of option four and added it is good and it is important to preserve what the city has and markets as one of its assets. Speaker, Jane Estes, said she disagrees with the gentlemen before her. She said she is proud to live in Georgetown for many reason. She said she grew up outside of Houston where there is no zoning so she knows what can happen when issues are not addressed in a timely manner as the City grows. She said she is in favor of option one. She said it is reasonable and a good place to start and the staff and planning and zoning recommends it as well. She noted she loves her neighborhood and, within a few blocks, she can walk to her daughter's music lessons, tupperware sales, interior decorator, landscape designer and many other services. She said she likes there are people home during the day that can watch her house. She said no one has complained about the home based businesses on her street. She said, if there is a problem, you would just walk to that home and express your concern to them. She continued to describe the many types of businesses that have been within walking distance of her house. Speaker, Mel Pendland, President Georgetown Chamber of Commerce, said he is here in support of the recommendation by planning and zoning and staff, or option one. He shared some statistics with Council and said there are 19 million home based businesses in the US today. He said, if you use the census data, you will find 38% of household gain all or part of their wages from home based businesses. He said gross annual sales from home based businesses in the US has exceeded $427 billion last year. He noted no complaints have yet been filed in Georgetown regarding home based businesses. He said he fears there is a concern about a problem that does not exist. He urged Council to support option one. Speaker, Virginia Stubbs, President of the Georgetown Heritage Society said their board has taken a position on three of the issues being recommended in these UDC amendments. She said she appreciates the openness of this review process. She noted they support the recommendations concerning residential expansion and infill requirements. She said people can drive through town and see structures that should not be allowed and the new requirements would address those problems. She said they support the new requirements of demolition of structures. She said, in 1984, they had a historic structure survey and since that time they have lost 162 of the historic structure on that survey. She said, in regards to home based businesses, they also support option four for many of the reasons that have already been expressed. She said they would like for Council to look at the Old Town district in a separate manner. She spoke about the narrow streets in that area and the problem it causes for emergency vehicle access. She said they do not have a homeowners association and added they City Council Meeting Minutes/ Page 4 of 13 Pages are concerned about signage and how that will look and what kind of visitors those signs would bring to the area. Speaker, Darrell Smith, said he owns C. Smith Photography in Old Town. He said he moved to Georgetown to start his business back in 1977 and added he has raised his daughters there. He said family is important to his business as well. He said they love the neighborhood but they also make a living here and pay taxes here. He said he urges council to approve option one. Speaker, Doug Bryce, said he does not have a home based business, but he has an office downtown. He said his family moved to Williamson County in 1847. He said his family moved to Goergetown in 1900 and added he is there to defend the culture. He said the culture is people who try to make their own way with their home businesses. He said Forbes Magazine named Georgetown as the best place to have a small business in Georgetown and added the community won that award because the City has a light hand on regulating those businesses. He said he supports option one. Speaker, Karen Phipps, said she is completely in support of Renee Hanson's position on protecting historic neighborhoods. She said Old Town is a unique area that deserves protection and special treatment. She said it would be short sighted to go against any protections for that neighborhood. Speaker, Robert Phipps, said he did a web search for Georgetown Texas. He read the google search results he received and the descriptions given to Georgetown on those websites. He said most of the main descriptions on those pages referred to the historic structures in City. He said it is clear Old Town brings people and business to Georgetown. He said the historic districts is a benefit to the City and a definite selling point. He said he endorses Renee Hanson's position and added he thinks the City ought to make the hurdles as high as possible before someone can tear down a historic structure. He said the bottom line is Old Town is different from the rest of the City and it needs to be treated that way. He noted it has lots of rental party and small homes and the amount of cars parked per block is more than anywhere else in town. He said they are taxing their utility line and the narrow streets are difficult for emergency vehicles. He said they have no homeowner's association and these regulations are the area's sole protections. He said option one would only liberalize the system. He asked that Council do whatever it takes to protect historic Georgetown. Speaker, Peter Dana, said people in Georgetown have always been able to work at home for charity, fun, art or profit. He said, when he first moved to Georgetown, he called the City and was told he could do whatever he wanted inside of his home as long as it did not affect the neighbors or the surrounding area. He said now there are people who want to run businesses and commercial establishments from there homes and attract traffic and construction. He said the City should protect the homes and neighborhoods from increased traffic, noise and influx of unfamiliar vehicles. He said the UDC has kept Georgetown healthy, different and attractive throughout all types of economic climates. He said, in Old Town, many issues are critical. He does not want to see Georgetown abandon a process that protects Georgetown and the historic attractiveness of the area. He said Old Town is not the area for mixed use, commercial properties. He asked that Council vote to prevent any changes to the UDC that would allow businesses beyond what the current regulations allow. Speaker, Ross Hunter, said he is in favor of the proposed language for residential additions as well as the language for historic demolitions. He said he has been through the task force process and was at planning and zoning. He noted he constantly hears how option four would be getting down on home based businesses and added that is not the case. He said there is nothing that is before you today that will prevent people from working in their homes. He said you hear of the rights of people to work but you never hear of the rights of their neighbors. He said the city should prepare for the extreme events that could occur in the future. He said he urges Council to adopt option four and to also look into the well being of the entire city and place limits on traffic, number of visits per day, how the parking happens, signage and hours of operation. Speaker, Renee Hanson, said she has observed worked for the betterment of downtown and old town for 30 years. She said the proposed ordinance affects both of those areas. She said both areas have garnered attention and recognition for the City. She spoke about the demolition amendment and said, since the survey in 1984, they have lost 180 historic structures in Georgetown. She noted this Ordinance requires building owners to have to prove to HARC why they want to demolish their buildings. She asked that Council approve that section of the Ordinance. She referred to residential additions and infill, which applies to the old town overlay district. She said many structures are losing their historic value with how they are being redesign or built new. She asked that Council pass this amendment. She spoke about the home based business amendment and said the Old Town overlay district does not include all of Old Town or the downtown overlay district. She said the issue is the proposed change in the rules, which has no limit on hours of operation, size of business, traffic, amount of visits per day and other issues. She said the Old Town overlay district is different than other areas in the City. She said this creates an inequity under the proposed Ordinance where the larger the home, the larger City Council Meeting Minutes/ Page 5 of 13 Pages the business and parking. She said the Old Town overlay district has old utility lines and many narrow streets. She said, because of this, they felt the Old Town overlay district needed their own rules which were tailored to these problems. She spoke about how, in 1978, Old Town was in decline and how it cause downtown homeowners to become insecure of the future of their area. She said young families with small children have bought homes in the area and can be afraid of strangers in their neighborhood and traffic. She noted the City needs to be careful as signage, parking and traffic can cause problems in neighborhood areas. She asked that the city put regulations in place to address those issues. Speaker, Joel Holcumb, said he represents a home based business. He said there are studies that showed one in every two homes will have a home based business within the next ten years. He spoke about the fact he runs a business out of his home and was not aware of the current rules stating it is not allowed. He said he is in favor of saving downtown but added the small home based business that his family runs made $5 million dollars last year. He said the economic impact of a home based business to the community is enormous. He said he may have had five or so people in his house over the course of a month. He said he is in favor of option one because it protects home based business. He noted he is passionate about people owning their own financial future. Speaker, Tom Norrell, said he has had a home business over the past few years but no longer has that because he can now pay for a store front on the square. He said it took him time to afford a store front and have a business on the square. He said small business and home business is the largest employer in the US. He said he support the first option as related to home based businesses. He said, as far as changing the code related to historic buildings, there are little houses that were built as rent house. He noted there are people that buy those small house and putting additions on them. He said it is already difficult enough to add to those buildings and these new regulations will cause even more difficulty in getting these changes done for clients. He said building additions need to be appropriate for the particular lot and not necessarily the size of the building. Speaker, Karin Truxillo, said she lives in Old Town and sells real estate and has rentals in the are. She said she is not here about home based business. She said she is there about additions, renovations and demolitions to historic homes. She said the City has staff that can help regulate these issues without needing to go to HARC for permission to make changes to a home. She noted she owns a double lot and added, if she wanted to make additions, she would hope that it could be much more than 500 square feet. He said it would not benefit her cost -wise to do something that size. She said, as Tom said, a historic house is 50+ years. She said in 1965 a house was built across the street from her and added, they can change things but the old Victorian buildings can not change. She said she is against the changes on the UDC. Speaker, Tom Norrell, said whenever something goes to HARC, that body is in control of how everything is going to happen. He asked who that body answers to. He said, if he does not like how HARC handles something, how does an applicant handle that issue and who does an applicant complain to. He said there are staff people that can handle this but, if things go to HARC, it gets out of control. He said Council needs to make sense of these things. Speaker, Bob McMurrer, said he is here to speak on home based businesses and in favor of option one. He said many folks before him have covered a lot of what he wants to say. He said he feels home based businesses should be regulated in terms of their effect on the neighborhood in which they sit. He described how he thinks those businesses should be regulated. He said option one is the option he supports because it addresses all necessary issues. He said the people who support option four requires people, no matter how big of a business they have at their home, should have to go through a rigorous permitting process. He said option four represents a whopping administrative impact to City staff. He said he is conservative when it comes to the allocation of finite resources and these measures should done with a basis of demonstration of need. He said all of us who chose to reside in Old Town did so knowing that there is no HOA. He said there is nothing there to prevent anyone from operating a home based business. He said the first reaction from people when they hear about possible regulation is that they state they will just stop their businesses. He urged council to approve option one. Speaker, Tracy Gilliam, said she works from home and is in support of option one. She noted it would clarify the scope of the home based businesses. She said the recommendation is both clear and concise and said, if you read option one, it regulated home based businesses without undermining neighborhood values. She added the option does not offer a free for all for home based business. She said, under option one, residents have to keep their homes looking like a residence and noise and traffic are regulated. She said, as for signage, the City has allowed a non illuminated sign attached to a wall for a number of years. She said the option for a sign potentially keeps neighbors from being disturbed and gives a marker for clients. She said if safety is a concern, people who work from home can keep an eye on neighborhood activities. She said home businesses are more likely to keep and maintain their property and work via appointments. She said, with the current economy, City Council Meeting Minutes/ Page 6 of 13 Pages people are doing whatever they can to make ends meet. She said many businesses start at home to see if they can make a go of it. She said they have a right to use their homes for small businesses as long as it does not disturb the neighbors. She said there has been talk about registration and she addressed many questions regarding that process. She said, while good in theory, option four will create more headaches than help. She said they passed around a petition in support of the planning and zoning recommendation and she provided that to the City Secretary. Speaker, Barbara Meyer, said she is here with a much different story. She said she wants to address issues regarding demolition of historic structures in old town and business use of homes in residential neighborhoods. She said they own a home built in 1887 and added it is a high priority home. She spoke about how they purchased the home and have invested a lot of money into restoring the property. She said they restored the home not knowing it housed one of Georgetown's most illustrious figures. She said it would have been a shame to have destroyed their home without knowing its historical significance. She asked that Council take a long and thoughtful look at the code amendment and support option four. She said she thinks of this town as a golden goose, especially the square and the old town area. She spoke about business use of your home. She said a home across the street from theirs was offering drum lessons and a low cost recording studio. She said they soon had regular amplified jam sessions late at night. She said, when the frenzied music became overwhelming, she would call the police as they had to sleep. She said the police would go to the house and soon after, the noise would stop. She said they thought their must be a better way to solve this issue. She said Code Enforcement looked into this matter and she was told they could have a home based business. She noted their final effort was met with failure as they were told the final measure would be to take this person to court. She said the answer to these type of problems is in council's hands with option four. Speaker, Tamera McReynolds, said she is resident of Old Town and she loves how there is not an HOA in Old Town. She said she would like to talk a bit about peace and said this is an issue of how people can feel comfortable in their neighborhoods. She said there are several opinions on this issue but everyone wants the same thing: to feel safe at home. She said option one provides everyone with all of the concerns addressed tonight. She noted home business is here to stay and there should be many options that should be made available. She said there isn't an inordinate amount of parking in the neighborhood and added these type of regulations are already in place. She said there are many reasons why people want a home based business. She said the current economic times should sway the city's decision regarding home based businesses. She said people need to be compassionate to the people around the area and think about the greater good. She said she did not grow up with a lot of money and she joined the army to get herself through medical school. She said she can't tell you what it means to have the freedom that we have here in this country. She said the rules with option four are overly burdensome to the home based businesses and using this option will put people out of business. She said people like her who have businesses at home want to be quiet and neighborly. She said, in terms of signage, she does not consider this an issue. She noted a small sign on their house is no cumbersome. She said the nature of businesses that exist today in homes are very low impact and people do not want walk ins. She said home businesses require people call before they come in. She said, in terms of the narrow streets, if they are too narrow you can't park there anywhere. She noted a home with a business inside actually increases home value when it's being sold. Public Hearing was closed 7:49 PM Cook read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Mayor asked and Cook said, in the packet, exhibit five is the home based businesses option being recommended from planning and zoning. She said, in addition, staff was asked at the last workshop to add an option regarding registration. She noted the registration option, if approved, would be in addition to the recommendation from planning and zoning. Meigs asked and Cook said police or fire have not yet received any complaints about parking and street access for emergency vehicles. Sansing suggests that Council vote on each amendment rather than all of them as one big block. Motion by Berryman, second by Sansing to approve all amendments other than the ones concerning home based businesses, demolition of historic structures and residential additions and infills to historic homes. Approved 7-0 Berryman referred to option two regarding residential additions and infills in Old town. Sansing said he and his wife restored many homes in Austin before they moved to Georgetown. He said they always made those houses look just like the house that was there previously. He said he agrees with the law preventing two big of houses being built on small lots but added he thinks people should be able to build across their property even if its over the percentage recommended in the Ordinance. He said he supports the infill section but he would like to see City Council Meeting Minutes/ Page 7 of 13 Pages this modified to go on an impervious cover ratio. He said he feels Old Town should have a separate set of rules when it comes to development. Gonzalez said he agrees with most of what Sansing said but noted if your addition goes over the 30% amount, they can take their request to HARC for approval. He said HARC is always responsive to Council and their is an appeal to Council. He said he is comfortable with how it stands as written. Berryman asked and Cook said if someone wanted to expand their home past the 30% limit, she can go to HARC for approval to expand it beyond that amount. She said council could propose a different percentage if they choose to do so. Eason said she had the same question as Berryman. Sattler asked and Cook said, if someone owns two lots, they can build two different structures but they can not build across a lot line. She said each lot is treated as a separate parcel and has corresponding setbacks. Sattler asked and Cook explained how a person could combine the two lots so that that person could build one structures on those two combined lots. Sattler said it concerns him that someone can wait 175 days and then have their property demolished automatically. Cook said the most HARC can postpone an action is 175 days and once that period had passed the applicant can come back to HARC and the board has to allow that demolition. Sattler said 175 days is not a long time and they could out wait the City. Sattler asked if it would be good to have a trigger where the city would ask why the applicant does not fix up the home. She said that is built into the process in that the applicant must make an argument and prove their case before the demolition occurs. Cook continued to clarify the demolition process. Sattler said downtown is a special place and the City should lengthen that period of time. Ross said he is not in favor of McMansions and he agrees with Sansing. He said the whole point is to have homes that are in proportion to the lot size. Ross asked and Cook explained how the 30% regulation was created. Meigs asked and Cook said, depending on a few factors, it could take around 60 days for someone to be able to combine two of their lots into one. Meigs said 60 days sounds like a long time for such a simple maneuver. Motion by Berryman, second by Sansing to approve the residential addition and infill related amendment and that staff go back, review this and come up with an expansion formula that is tied to a percentage of the lot size instead of the house size. Sansing agreed and said it be a percentage to lot size. He said he would enjoy staffs feedback on that option. Brandenburg asked and Sansing said this change could come back at second reading instead of going back to the task force prior to coming to Council. Sansing said he does not think anything should go to HARC. Sansing made a friendly amendment that this not have to go to HARC, unless a person needs to go beyond the standards. Gonzalez said, if the applicant meets the formula, an appeal should not be needed. Mayor asked and Berryman clarified this would be for the Old Town overlay district only. There was much discussion. Vote on the motion: Approved 7-0 Council moved on to the amendment concerning the demolition of historic structures. Cook said, if this is adopted, the additional delay period of up to 365 days for an applicant to explore additional options and prepare supplemental information in lieu of demolition. She said this will also allow the applicant to provide HARC more proof as to why demolition is necessary. Sansing asked that Cook review what the City has in place right now on this issue. Cook said, right now, if you own a property in the old town overlay, downtown historic overly or own a structure that is considered historic in the City's survey and want to tear that property down, you must go to HARC to obtain a certificate of design compliance. She said the applicant must make a case on why they want to demolish the property. Sansing said, if you are the owner of a house, you can wait two years if you elect to before going to HARC for approval of demolition. He said the point is the shortest time frame is 175 days but someone can wait as long as they'd like. Sattler said he is concerned that someone can come in and buy a property right next to their existing house that may need a lot of repair, wait 175 days, tear down that historic building and build a "McMansion" in its place. He said he does not want to see that happen here. Meigs asked that Elizabeth explain the difference between high, medium and low priority historic structures. She said there is a variety of things that have gone in to determining the significance of a piece of property in the historic survey. Sansing said the previous item they voted on should be able to take care of Sattler's concern about building a "McMansion" on a small property. Sansing said he can not agree with the demolition time frame and he feels what we have now is adequate. Gonzalez disagreed with Sansing in that this is not set in stone. He noted people can demolish their property quicker than the 175 days if they go back to HARC and make a proper case for the removal of their property. He said, by extending the time, it gives the property owners economic incentive to do what needs to be done to either improve or demolish the home. Berryman asked for clarification regarding the waiting period and if a property owner can demolish their property sooner. Cook said the Ordinance said, if you go to the original hearing and you have not met some of the criteria needed by HARC, you can go out, meet the criteria and come back sooner than the amount of days required before demolition. She said the time does not have to be 365 days. She said HARC will approve the demolition of the applicant meets all of the criteria. Berryman asked and Cook said, if a shed in someone's backyard is a historic accessory structure, you do have to go to HARC for approval. She said, if you go and make your case for the removal of that shed, they can do so after approval. City Council Meeting Minutes/ Page 8 of 13 Pages Motion by Ross, second by Gonzalez to approve the amendment regarding demolition of historic structures. Approved 6A (Sansing opposed) Mayor brought up the home based business amendment. Motion by Berryman, second by Eason to approve option one with the removal of the registration portion. Ross made a friendly amendment to also prohibit signs on residential structures. Gonzalez seconded that amendment. Eason said the people who have home based businesses do not usually have a sign. She said the only reason why this was added is because people opposed to this option stated concerns that some customers may go to the wrong house. Vote on amendment: Approved 4-3 (Eason, Berryman, Sansing opposed) Gonzalez said the City Council wants to defend the right of entrepreneurship but also wants to allow for people who move into a residential neighborhood to know where home based businesses are located. He said he has not heard anybody speaking against home based businesses at this meeting, but he feels there should be more restrictive regulations to prevent against extremes. He said he does not support option one. Meigs said the home based businesses should be small, quiet and respectful. He believes putting too many restrictions and regulations would be burdensome to the staff and he supports option one. Sattler said the size of the streets in Old Town concerns him. He said, if you have cars parked on both sides of the street and they are there for home based businesses, police and fire may not be able to get through. He said he does not know how to solve that issue, but he said there needs to be some type of restriction in case that parking becomes a nuisance or a health and safety problem. Ross said, to this point, there has not been any documentation that there has been an issue with these home based businesses. He said they should not over regulate until council finds there is an issue. He would not be afraid to bring this back to Council in the future if issues do arise. He said and Cook noted the standard provisions relating to violating the UDC come into play if people do not follow these regulations. Ross said he sees the process as being complaint driven and added that may be the way to go until there are serious problems. Berryman addressed some of the speakers they heard from earlier as well as the fact that home based businesses are part of Georgetown culture. She said, if someone is afraid of complaining about a neighbor, go to your council member and let them carry the water for you. She described why she is not in favor of option four including the administrative work load for staff and additional tax payer dollars. She said everyone has dreams and aspirations and a lot of those dreams start in home based businesses. She noted there should be compassion for everyone, including those that have businesses in their homes. She said, unless people are being noisy or obnoxious with their businesses, we allow them to continue. She said she hopes the City will be able to consider option one as a harmonious way to settle the issue without a lot of conflict. Sansing spoke about HOAs and said there are not many neighborhoods in Georgetown with an HOA. He said, with enough petitioners and a vote, you can establish an HOA but it is a very tedious process. Sattler asked and Cook said if there are enough complaints, you end up going to court and the judge gets to decide what the punishment should be. She said, first, the City tries to go through the code enforcement process to make someone compliant. She noted, if they are not compliant after that, they go to court. Eason said the reason she made the second to this motion is because, after months of researching the options, she is fully satisfied that option one protects the residential feel of the neighborhoods and gives the neighborhoods all the protections it needs to keep that feel. Eason said there are specific requirements for on street parking and limits on parking regarding home based businesses. She said the public safety departments check the streets regularly to make sure access is available. She said there is every opportunity for people to feel secure in their neighborhood with this option. She said there is a noise ordinance that is already in place as well. Council recessed at 8:55 PM 14Z.'ifp, FrZr4 I=WW X91:3 M X1 Discussion, direction and possible action on a 2011 Charter Election and Charter Amendments -- Paul E. Brandenburg, City Manager Brandenburg said the City Council had this discussion back in the fall of 2010 regarding the possibility of having a charter election. He said, at the last charter election, it was started in 2001 and the actual election was held in City Council Meeting Minutes/ Page 9 of 13 Pages 2003. He said there was a committee of residents put together that recommended changes for Council to vote on and include on the ballot. He said the charter has not been formally reviewed since 2003. He asked that Council determine if they want to proceed with the election and amendments or appoint a committee and go through a similar process as last time. He noted you can only have one charter election every two years. He said, in the cover sheet, there is a timeline of suggested amendment to consider and a timeline if there is to be a charter election in May. He reviewed the timeline. Sansing asked and Brandenburg said the Council could choose to have a charter election in November or next May as well. Brandenburg said, as of now, there is nothing on the ballot for November so the City would have to pay for a special election if it were to be held on that date. He added the public safety task force is in discussions to determine whether to have the bond election in May or November. Motion by Sansing, second by Meigs to appoint a committee to study the Charter, look at all the issues and make suggestions to Council for future charter changes and an election. Ross said and Sansing noted the City should certainly not rush through this and try to get it on the May ballot. Brandenburg said he thinks it may take a year or less to bring up items for consideration for a future charter election. Ross suggested that the committees form and, after Council gets through the redistricting process, consider holding a charter election. Berryman said, at this juncture, the City is involved in major revisions of the UDC and there were a lot of citizens involved. She said there is also the upcoming redistricting, which will be another major process for the City. She also mentioned the upcoming bond issue and the corresponding committee. She said perhaps the city should wait to do this until there's a little less on its plate. She suggested Council form a committee after the City has gone through redistricting. She noted this is a major undertaking and added she does not feel this is the right time to do it. Sansing said, even though he is leaving in May, he is fine with having an election over a year from now. He said there are a lot of people who want to volunteer and won't mind looking at this. He said it has been eight years since the last charter election and it is time to get this done. Meigs said he does not see a problem with appointing a committee and at least starting discussions. Gonzalez said he agrees that the City should not rush into it, but they have to get it right and have enough citizen input before making any decisions. Vote on the motion: Approved 5-2 (Berryman, Sattler opposed) J Consideration and possible action to approve an Interlocal Agreement with Williamson County regarding the supplemental payment to HDR Engineering for a City of Georgetown task order for design of the Southwest Bypass and appointment of project manager for design and construction of Southwest Bypass -- Edward G. Polasek, AICP, Transportation Services Director and Jim Briggs, Assistant City Manager Polasek described the item and said staff brought this Interlocal Agreement to Council at the last meeting regarding work on the Southwest Bypass. He said the Council asked staff to go back and tighten up the agreement for both the City and the project management team. He said they have identified the project management team to be equal in numbers between the city and county. He said both he and a representative from the County would be the project management team and they would oversee the plan, preparation and review of any inaccuracy of the work. He said the team will also negotiate the task order with HDR that the City will issue and then get reimbursed $300,000 from the County. He said Council has a redlined version of the agreement. Meigs asked and Polasek said discussions have taken place with the County about this agreement. Polasek added there has also been discussions with HDR about the draft task order. Ross said it seems the reimbursement from the County is capped. He asked why that is because, with the Williams Drive project, the payback to the County was not capped. Polasek said that is the total amount approved by the Commissioners Court that they can spend on this project. Sattler said the Williams Drive project with the County was over budget and over the timeline. He asked why the City is allowing the County to be the project manager on this again. Polasek said the project manager is solely in name, but the project management team split between the County and City makes all of the decisions. Ross asked and Polasek said a task order does not exist yet and none has been brought back to Council. He said they are trying to limit the task order to the $300,000 the County has agreed to pay. He staff staff will ask for money only if the task order goes above that price. Sattler said he does not think he can support this as there is just too much unknown. He said he saw how it worked on Williams Drive and he did not think it worked well. Polasek described how this project will be different from the Williams Drive project. Sansing asked what would happen if the City changed engineers. Polasek said Texas Crushed Stone, the County and the City has agreed to work with this one engineer and one particular route. Sansing asked and Polasek said, at a recent GTAB meeting, the Board was shown about eight different possible routes for the Southwest Bypass. He said Texas Crushed Stone did not like that uncertainty. He noted they chose the route they liked best as well as the engineering firm they wanted to work on the project. There was much discussion. Ross said he is not getting a lot of warm, fuzzy feelings and asked why the County is the project manager and not the City. Brandenburg said the money they are contributing is more than what we are putting in. Sattler asked and Sokolow said, if the County is to be the project manager, they will have to keep the City Council Meeting Minutes/ Page 10 of 13 Pages project within budget. He said, with the Williams Drive project, the County had the discretion to do change orders. He noted, with this project, we have more of a say of how the project is done. He also mentioned a sixty day termination clause. Motion by Sansing, second Eason to approve with an amount not to exceed $300,000. K Consideration and possible action to approve the extension of Water Service to Garey Park -- Paul E. Brandenburg, City Manager Brandenburg described the item and reviewed the agreement with the Garey family. He said the City completed the Garey Park Master Plan in May of 2006. He said Garey requested expedition of water service through the property and to the ranch home, as he has had some issues with the well. He said, since the ranch home will be a integral part of the park, he is asking to do this project. He said the extension with eventually service the park. He said he is looking for approval to move forward with this item and bid the project. Motion by Sansing, second by Gonzalez to approve the item. Sattler asked and Brandenburg said the funding will come from the general fund balance or bond issues for Garey Park. Approved 7-0 L Public Hearing and possible action on a Special Use Permit to allow a Personal Service — Restricted use, specifically a Bail Bonds Company, in a C-1, Local Commercial District, in Sparks Addition, Block 3, Lots 5 — 8, located at 1915 S. Austin Avenue, Suite 112 -- Robbie Wyler, Historic District Planner and Elizabeth A. Cook, Community Development Director Wyler said the applicant has request a special use permit for a personal service restricted use in a C-1 Local Commercial District. He noted, per the UDC use table, this is allowed subject to approval of a permit. He said staff has detailed information such as hours of operation and existing site conditions. He added staff is recommending approval and the Planning and Zoning Commission also unanimously recommended approval. Public Hearing was opened at 9:37pm No persons were present to speak. Public Hearing was closed at 9:37 pm Motion by Sansing, second by Gonzalez to approve the special use permit. Approved 7-0 M Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve a Resolution authorizing an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the Southeast Inner Loop: 1-35 to CR 110 Corridor Analysis -- Edward G. Polasek, AICP, Director of Transportation and Jim Briggs, Assistant City Manager Polasek described the item and gave a brief history of this project. He said this is looking at the corridor as part of the Southwest Industrial District that was discussed earlier at workshop. He said this is looking at the widening of the Inner Loop in this area. He said the City will use the CAMPO money to look at land use analysis compatibility as well as access and mobility around the bypass as its developed in the future. He noted this advance funding agreement will allow the City to move forward with this project. He said this will go through a TXDOT approved selection process. Motion by Sansing, Eason to approve the item. Approved 7-0 N Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve a Resolution authorizing Amendment No. 2 to the Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the Lakeway Bridge at IH -35 -- Edward G. Polasek, AICP, Director of Transportation and Jim Briggs, Assistant City Manager Polasek described the item and said the City has submit to CAMPO this project and the remaining money as part of an STP. He said CAMPO has a lot of federal funds that will go away if it's not spent soon on shovel ready City Council Meeting Minutes/ Page 11 of 13 Pages projects. He said the City has submit this project to CAMPO on behalf of TXDOT for this district for consideration for any of those funds as they come in. Mayor asked and Polasek said this was close to a $9 million project when it was first studied. Motion by Sansing, second by Eason to approve. Approved 7-0 O Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Suma Constructors, LLP, of Georgetown, Texas for construction of sidewalks along FM 1460 between Austin Avenue and Quail Valley Drive in the amount of $74,611.40 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager Benz said this is a CDBG grant the City received to install sidewalk along 1460 between Austin Avenue and Quail Valley. He asked that council will award a contract to Suma Construction for the installation. Motion by Berryman, second by Eason to approve the construction contract. Sansing asked and Benz said this is for 1500 square yards of sidewalk. Sansing asked what happens if the City runs out of concrete. Benz said the City has good general conditions and the City will work with the vendor to finish the project no matter what. Gonzalez said he is happy to see a Georgetown company getting business from the city. • . • .. . rGIM, P Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve Task Order No. KPA-11-004 with Kasberg, Patrick & Associates, LP of Georgetown, Texas, for the professional engineering services to develop a Master Plan for Smith Branch Drainage Area in an amount not to exceed $109,040.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager Benz said this is an item that is being brought back to council from the December meeting. He said staff was asked to develop a drainage study and master plan for the Smith Branch area. He said this master plan will look at numerous different options of channel clearing, development widening and possible regional detention. Motion by Sansing, second by Berryman to approve the task order. Approved 7-0 Q Forwarded from Georgetown Utility System (GUS) Advisory Board: Consideration and possible action concerning the purchase of an electric line easement along SH 195 from Austin White Lime Company in the amount of $81,135.00, plus closing costs not to exceed $2,500.00, in connection with the Overhead Feeders to Somerset Project -- Terri Calhoun, Real Estate Services Coordinator and Thomas R. Benz, P.E., Systems Engineering Director Benz described the item and said this is a purchase of an electric line easement to serve the northern lands. He said whenever that land is developed, the city will have the property to construct the line. Motion by Eason, second by Berryman to approve the purchase. Approved 7-0 R. Forwarded from Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve the contract for the 2010 Rivery Substation Upgrade to J. M. Davidson, Ltd., of Aransas Pass, TX, in the amount of $318,972.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Glenn Dishong, Utility Director Benz said this is a project that was identified in the city's CIP to build the infrastructure for a transformer. He said this would build a pad and install the labor and equipment for the transformer. He said there was one bid on this and there is a tight schedule on this one. He said though there were many contractors that looked at this project, none could meet the city's schedule. Motion by Sansing, second by Meigs to approve the contract. Ross said it is odd that there was only one bidder, as it's a nice contract. Benz said the schedule was tight and bidders could not meet that schedule. Ross asked and Benz described why the City is on such a tight timeline. City Council Meeting Minutes/ Page 12 of 13 Pages •'. ' • • •a. •. s. • - •. ,. S Forwarded from Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve the purchase of a portable sewer inspection camera system from Aries Industries, Inc., of Waukesha, WI, in the amount of $51,691.00 -- David Thomison, Water Services Manager and Glenn Dishong, Utility Director Thomison described the item and said staff recommends the purchase of this system. Mayor asked and Thomison said this camera is to support the camera van that came to council at a previous meeting in case there are failures. Motion by Gonzalez, second by Berryman to approve the purchase. Approved 7-0 T Forwarded from Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to award the FM 971 Dual Circuit Project to Mastec North America, Inc., of Dallas, TX in the estimated amount of $160,000.00 -- Paul Elkins, Energy Services Manager and Glenn Dishong, Utility Director Elkins described the item. Motion by Eason, second by Berryman to approve the award. Approved 7-0 U Second Reading of an Ordinance to make changes to the City's Personnel Policy ##350 on Longevity -- Kevin Russell, Director of Human Resources & Civil Service Russell described the item and read only the caption of the Ordinance on second reading. Motion by Meigs, second by Eason to approve Ordinance 2011-03. Approved 7-0 The meeting was adjourned at 09:53 PM. City Council Meeting Minutes/ Page 13 of 13 Pages Jessica Brettle