HomeMy WebLinkAboutMIN 04.08.2008 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.a
Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council Present
Sattler, Pat Berryman, Farley Snell, Ben Oliver
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; Leticia Zavala, Controller; Ed Polasek, Principal
Planner; Tom Benz, Systems Engineering Manager; Mark Miller, Transportation Services Manager;
David Munk, Development Engineer; Rachel Osgood, Environmental Services; Elizabeth Cook, Interim
Director of Planning; Keith Hutchinson, Public Information Officer; Tommy Garcia, Planner I; Carla
Benton, Planner II; Todd Terbush, Police Lieutenant
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
- Texas Indigenous Council, et al. v. City of Georgetown , et al., Cause No. A08 -CV -062 LY, in the United States District Court
for the Western District of Texas
B Sec 551.072: Deliberations about Real Property
- Consideration and possible action to deliberate the purchase of real property for city facilities
Regular Session = To begin no earlier than 06:00 P
(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.)
C Call to Order
The meeting was called to order at 6:00 p.m.
D Pledge of Allegiance
Mayor Nelon led the Pledge.
E Comments from the dais
Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures.
F Announcements and Comments from City Manager
There were no announcements from the City Manager.
G Action from Executive Session
There was no action from Executive Session.
Public Wishing to Address Council
On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the
City Council Meeting Minutes/April 8, 2008
Page 1 of 8 Pages
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 subiect not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the
City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the
subject matter of the topic they would like to address and their name. The City Secretary can be reached at
512/930-3651.
H - Sandra Taylor of Pedernales Electric Cooperative regarding update of PEC activities in Georgetown area
Janet Christianson from PEC presented a check for $16,653.59 for the December 27, 2007 to March 27,
2008. She announced that the Board Election is approaching, and noted that voting would take place at
the annual meeting on June 23 at the PEC office. She said the PEC Board of Directors approved a 1.1 %
rate increase beginning after April 1, 2008, saying that rate increase would amount to $0.0962 per kilowatt
hour. Lastly, she said PEC would soon begin distributing checks to non-profit organizations in the PEC
service area, saying the funds are from contributions from employees and directors.
- J. C. Tunnicliffe regarding trash services in the extraterritorial jurisdiction
Timmicliffe was not present.
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.
J Consideration and possible
action to approve
the
minutes of the
Council Workshop held on Monday, March 24,
and
Council
Meeting
held
on
Tuesday,
March
25,
2008 -- Jessica
Hamilton,
Assistant
City
Secretary
K Consideration and possible action for the approval to purchase portable radios from Motorola in the amount of
$37,743.65 -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief
L Consideration and possible action of a resolution authorizing the City Attorney to issue a Quit Claim Deed to
abandon two utility easements described as 0.120 acres in the Ephraim Evans Survey situated adjacent to the
western and northern parcel boundaries of a 0.50 acre tract out of the Evans Survey located approximately 280
feet east of Kelly Drive on CR 111 -- Tommy Garcia, Planner I and Elizabeth Cook, Interim Director of Planning
and Development
M Consideration and possible action regarding a resolution granting a petition and setting public hearing dates for
the voluntary annexation into the City for 72.89 acres, more or less, in the J. Thompson Survey, Abstract 608,
for Weir Ranch, north of RR 2243 and west of the River Estates Subdivision -- Edward G. Polasek, AICP,
Principal Planner and Elizabeth Cook, Interim Director of Planning and Development
N Consideration and possible action to approve the amended Fiscal and Budgetary Policy to be used in
preparing the 2008/09 annual budget and to guide operations for the upcoming fiscal year -- Micki Rundell,
Director Finance & Administration (moved to Regular Agenda)
O Consideration and possible action to approve the by-laws for the Georgetown Transportation Advisory
Board - Paul E. Brandenburg, City Manager
Motion by Sansing, second by Eason to approve with Item N moved to the Regular Agenda. Approved 7-4.
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
N Consideration and possible action to approve the amended Fiscal and Budgetary Policy to be used in
preparing the 2008/09 annual budget and to guide operations for the upcoming fiscal year -- Micki Rundell,
Director Finance & Administration
Rundell listed the following changes in the Policy, as were discussed at the Workshop last night: (1) Identifying
sanitation as a general government function; (2) Updating the language in the budget to include the 2030 Plan;
(3) Designating the annual Council "contingency fund" as "discretionary fund" at $50,000; (4) Adding a 5%
sanitation franchise fee; (5) Increasing Children's and Youth Program Funding to 1/4 of 1% of the General Fund
on-going operating budget; (6) Allowing unallocated funding for social services/children's programs to be
redistributed between either program; (7) Requiring formal bids for only those items greater than $50,000 (to
match state law); (8) Providing an exception for timing of economic development projects related to the CIP; (9)
Designating Georgetown Utility Systems Advisory Board review of the Electric and Water Services CIP, while
the Georgetown Transportation Advisory Board shall review the streets and stormwater drainage CIP prior to
City Council Meeting Minutes/April 8, 2008
Page 2 of 8 Pages
Council approval; (10) Estabushing an unscheduled facility maintenance reserve; (11) Providing an exception for
the issuance of tax supported debt within the term of the Council authorizing the debt for unforeseen
circumstances such as unexpected project delays or if market conditions impact the financial viaibility of the
issue.
She said she had missed another change at the Workshop last night, that was approved at the August 30, 2007
meeting, and distributed copies to the Council. She explained that it related to the cost of living adjustment,
saying that it would revert back to the wording in the previous policy which states the City may fund an annual
COLA for all regular employees not included in a defined pay plan. Saying the COLA will be based on a
three-year rolling average of the Consumer Price Index (CPI) reported by the U.S. Bureau of Labor Statistics for
Southern cities pertinent to Georgetown's population; and additional salary adjustments for employees not
included in a defined pay plan may be recommended at the discretion of the City Manager. Motion by Brainard,
second by Berryman to add the following language to the City's 2008/2009 Fiscal and Budgetary Policy, Section
IV. Expenditures, (A) Appropriations: (1) General Fund appropriations will include a vacancy factor equal to 1 %
of the total General Fund salaries and related benefits to offset salary savings within the budget. The vacancy
factor will be budgeted as a negative expense within the General Government Department of the General Fund.
(2) The City will establish a compensated absence reserve equal to 15% of the accrued sick leave liability for
employees who currently meet unreduced retirement eligibility. Only terminating employee sick leave expenses
may be paid from this reserve. The reserve shall be funded by offsetting the vacancy factor applied in Section
1. There were questions regarding the definition of the 1 %. Rundell said there would be no negative impact on
the General Fund. Oliver confirmed that the 1 % will not be allocated to departments but held by Rundell and
used as needed. Rundell said if there were a problem, they could deal with it at mid -year.
Motion by Snell, second by Oliver to amend to separate the two items into two votes. Approved 5-2 (Berryman
and Brainard opposed) Motion by Brainard, second by Berryman to vote on the 1 % vacancy factor. Brainard
explained that a vacancy factor is recognition that not all positions are not filled throughout the fiscal year. He
said if the Council doesn't approve the vacancy factor they will intentionally approve a budget that will include
more dollars than maybe spent during that year. Sansing asked for definition of the 1% and was told it is 1% of
the amount set aside for salaries and benefits, therefore budgeting for 99% of the total. Snell asked for any
other sources for unexpended funds at the end of the year, and Rundell said the majority of it is from vacancies,
but sometimes there can be supply or maintenance money that isn't spent. She noted that generally the end of
year surplus comes from revenues that were higher in that given year, due to conservative budgeting. Vote on
the motion: Approved 7-0. Motion by Brainard, second by Eason to setup a reserve cash fund to pay for
accrued sick leave for employees who leave and have a sick leave balance. Approved 7-0. Motion by
Sansing, second by Eason to approve the amended policies. Approved 7-0.
P Consideration and possible action to approve a contract between the City of Georgetown and PA-Jer
Corporation for the handling and disposal of Household Hazardous Waste and a -waste at the Williamson
County Recycling Center in Georgetown, Texas -- Rachel Osgood, Environmental Services and Jim Briggs,
Assistant City Manager for Utility Operations
Osgood said one -day gathering of hazardous waste has proven not to be convenient for everyone. She said
this contract for $20,000 will allow residents to dispose of their waste on their own schedule. She said vouchers
of 100% of the fee will be given to citizens, and vouchers for 50% of the fee would be given to out -of-city
customers. She said customers could pick up the vouchers at the Collection Station or apply online. Snell
asked and was given clarification on e -waste. Motion by Berryman, second by Brainard to approve the
contract. Sattler asked and Osgood said there is one voucher per quarter per household for this fiscal year.
Vote on the motion: Approved 6-0. (Sansing off the dais)
O Consideration and possible action to approve the annual membership contribution for Envision Central Texas
-- Tom Yantis, Assistant City Manager
Yantis introduced Sally Campbell, Executive Director of Envision Central Texas, saying Georgetown has been a
strong supporter since the inception in 2001. Campbell gave a slide presentation regarding the organization's
purpose of planning for future growth. Nelon noted that the annual dues has been budgeted for this year and
asked Council to approve the $10,000 dues. Motion by Snell, second by Oliver to approve the contribution.
Sansing and Berryman explained why that they would not vote to continue a membership in ECT. Eason asked
to hear from Yantis about the value he has seen at ECT. Yantis said he feels it has been valuable to meet other
people from other cities to share ideas and understand how the cities impact each other. Oliver said cities and
regions are discovering that without working together, there is no regional organization or cooperation.
Berryman said CAMPO and Council of Governments do regional planning, and she doesn't think the city needs
to be a part of ECT Vote on the Motion: Approved 5-2 (Sansing and Berryman opposed)
R Consideration and possible action to approve a Memorandum of Understanding regarding the proposed
expansion of FM 2338 (Williams Drive) -- Tom Benz, Systems Engineering Manager and Jim Briggs, Assistant
City Manager
City Council Meeting Minutes/April 8, 2008
Page 3 of 8 Pages
Briggs explained that an updated copy of the Memorandum of Understandingf as been provided to the Council
on the dais. He said the City's share of the cost to expand Williams Drive is estimated at $15.2 million. He
noted that all right of way will be acquired by TXDOT, the improvements will be designed to TXDOT standards
and constructed as soon as possible under County management. He said the cost will include road and
construction, utility relocation, and other related costs for the section of Williams Drive from DB Woods Road to
FM3405, part in City and part in County. He told Council the County will provide funding for utility relocations
other than those allocated by the City budget, and the City agrees to reimburse the County for 65% of all funds
expended on the project. He said the City's funding will come from the sale of bonds going to voters in
November or from other proceeds if the bond issue fails. He said the total cost is expected to be $22 million.
Carls said the timing of payment is still to be decided and the City will request flexibility on that issue. Carls said
the County agreed the City doesn't have to move the CTSUD line and doesn't have to pay the overage to
enlarge the line. Briggs said CTSUD could justifably ask for compensation to relocate their line, but would not
necessarily be compensated for a change in size of the line. He said in some areas, CTSUD may not be the
service provider.
Nelon asked Commissioner Covey to step forward and she suggested she would be available for questions.
Speaker, Byron Raynie, said he has mixed feelings, saying he is disappointed that the funding is not availabe
from the state and federal government. He said he and others have believed that the gasoline taxes they have
paid should have gone toward the needed road construction. He said he feels it is important that Williams Drive
be widened and he said he appreciates the County and City going forward to accomplish the project. He
encouraged Council to vote in favor of the Memorandum of Understanding.
Sattler asked and Covey agreed that the County Commissioners voted this morning that the total amount was
capped at $22 million. Covey said the details would come later in an interlocal agreement between the City and
the County. Sansing said he thinks there should be *AG a "cap." He said he would prefer that the $22 million be
considered as an estimate, rather than a "cap." Covey said the goal is to reduce the total costs for the City and
the County and $22 million may not be needed. It was determined that if the total costs exceed $22 million, the
allocations from the City and County would need to be renegotiated and the process outlined. Berryman asked
if there is any problem with "not moving" the CTSUD line. Briggs said the ongoing issue is the conversion of the
customers in that particular stretch. Motion by Sansing, second by Sattler to adopt the MOU provided on the
dais with the following changes: on 3A, scratch "subject to city reimbursement described below," on 3B on the
last line scratch "or other revenues" and just put "revenues;" on 3D, scratch "the parties agree to renegotiate
should the cost of the project exceed $22 million," and add the "the City cost shall not exceed 65% of $22
million." Oliver said Sansing's changes would delay the project, and Snell noted he would vote against
Sansing's motion, because he doesn't think it's realistic to establish a cap. There was further discussion.
Sattler withdrew his second. Motion by Snell, second by Oliver to approve the MOU as provided. Berryman
said she would like to make sure that the City shares the concerns voiced by Oliver with the County, and Nelon
said to make sure that the City says that those concerns would be addressed in the interlocal agreement. Snell
asked that Oliver restate the concerns. Oliver stated that a proviso should be included that the City deal with
the issues noted here which have to do with the establishment of a "cap" and the renegotiations in the interlocal
agreement. Snell asked and Covey agreed the language was friendly. Approved 6A. (Sansing opposed)
Sansing said the Williams Drive improvements are still his Number One Priority, but is concerned about how the
City is going to pay for it if the bonds don't pass. (*as corrected by Sansing of the 4-22-08 Council Meeting)
S Consideration and possible action to approve Joint Use Agreement for the City and County right of way for the
proposed expansion of FM 2338 (Williams Drive) -- Tom Benz, Systems Engineering Manager and Jim Briggs,
Assistant City Manager
Briggs said this agreement identifies the issues associated with the cost of the CTSUD waterline. He said the
waterline is in a parallel location to this section of roadway and in a private easement, they have a right to be
there. He said the entity who constructs the road is responsible to pay the cost for the utility company to
relocate. He said this interlocal agreement identifies issues associated with the relocation and payment
procedures in an effort to try to leave existing lines in place if they don't conflict with the roadway construction.
He said CTSUD has proprietary easements and therefore, would need to be allowed to relocate somewhere
else adjacent to the right of way in a proprietary easement. Briggs said the City is dealing with CTSUD within
the parameters of state and federal legislation regarding their rights. Briggs said it is fair for CTSUD to be paid
for relocation and beneficial to the City's business as the corridor begins to develop. Nelon asked and Covey
noted that the Commissioners approved the Joint Use Agreement as provided on the dais.
Motion by Berryman, second by Eason to approve the Joint Use Agreement. Sattler said he is concerned that
the City has 65% of the funding responsibility, but has no management authority. There was further discussion
with Commissioner Covey. Briggs assured Sattler that the City is obligated to relocate but not obligated to
improve the service. Covey said CTSUD is doing some improvements to their lines and paying for them.
Sansing asked Briggs regarding a negotiation with CTSUD to trade off increased sizing of lines in exchange for
some of their customer area. Briggs said that has been discussed in the past but not at this current time. Vote
on the motion: Approved 7-0.
City Council Meeting Minutes/April 8, 2008
Page 4 of 8 Pages
T Consideration and possible action to revise the compensation provided to the Mayor and Councilmembers --
Henry Carr, Chair of the Compensation Committee and Sandra Lee, City Secretary
Nelon invited Subcommittee Chair Henry Carr to report on the recommendation of the Compensation
Committee. Carr said the Committee does not believe in following what other cities are doing because
Georgetown is unique in many ways and as a result the citizens expect quite a bit from the Councilmembers and
Mayor. He said a key to their thinking was that a decision to run for office should not be inhibited by financial
considerations. He said the Committee is recommending that the Council's compensation be increased to $450
for the Mayor and $300 for Councilmembers. He said the econd category of their recommendation has to do
with personal expense compensation as an optional stipend of $800 per month. He said the Mayor and
Councilmembers would be asked to accept or reject at the beginning of the fiscal year. Nelon explained the
Council Compensation Committee was formed of five members drawn at random from the eight members
recommended from each of the councilmembers and Mayor.
Oliver asked and Carr responded that the Mayor or Councilmember would not be expected to explain their
reason for accepting the stipend. Motion by Sansing, second by Eason to approve the recommendations of the
Compensation Committee. Eason said she appreciates the approach of the Committee because she knows
people who would consider it an economic loss to serve on the Council. Vote on the motion: Approved 7-0.
7:55 p.m. -- recessed
8:05 p.m. -- resumed
U Consideration and possible direction to the City Manager to create the position of Director of Community
Development -- Paul E. Brandenburg, City Manager
Brandenburg noted that he had explained this item at the Workshop on Monday night and asked Council to
approve hiring this position using salary savings. Motion by Snell, second by Berryman to approve creating the
position. Approved 7-0.
V Consideration and possible action to require all meetings that include any individual or group that are not solely
in the employ of the City be recorded to avoid error in pertinent decisions -- Gabe Sansing, Councilmember
District 2
Sansing asked to pull this item.
W Consideration and possible
action to require
annual
inspection of detention and drainage
facilities by
authorized and certified city
personnel on an
annual
basis -- Gabe Sansing, Councilmember
District
2
Sansing described the purpose of detention ponds, and said many times the ponds don't work properly. He said
he would like for the City to begin inspecting the ponds and enforce the maintenance. He said he had thought
this would be a part of the Unified Development Code. Motion by Sansing, second by Snell that the City do
annual inspections on detention and drainage facilities and authorize the inspecting group to have the purvue to
require maintenance and repair, if required. Nelon asked and Brandenburg responded that there are public
detention facilities that are the responsibility of the City, but there are also private detention ponds that should
be inspected by TCEQ, but are obviously not. He said he is concerned as how to logistically insert theCity into
the process. Briggs said it would be Code Enforcement that would be charged with these inspections and the
cleaning and maintenance would need to be contracted with the expense assessed to the owner. Snell asked
for the method to accomplish this. Carls said it would require an ordinance, and Brandenburg said there would
need to be a process as to how this would be handled legally. Nelon asked and Sansing and Snell agreed to
direct staff to come back at a future meeting with a draft ordinance. The motion was amended to include that
staff be directed to prepare a draft ordinance for Council consideration at the first meeting in May. Briggs and
Brandenburg said they would assess the cost and bring that back to the Council with the ordiannce. Sansing
asked that staff also consider offering a service of routine maintenance. Vote on the motion: Approved 7-0.
X Consideration and possible action to direct staff to keep a log of items that are put forward to them by Council
-- Gabe Sansing, Councilmember District 2
Sansing said he would like a record to be kept by staff regarding items to be brought back to the Council. Nelor
said this would include items that Council has taken action on and expected to hear back about at a certain
period of time. Oliver suggested that the Council should direct the City Manager to develop a Manager's Log
which would include the staff or department from which the response would be from. Brandenburg said he
would coordinate and report back in his weekly report. Nelon said when staff commits to do something, they
need to be sure to report back with that information. Berryman suggested that these items be voted on by the
Council as directives. Motion by Sansing, second by Snell that this be a log of those items with majority vote to
direct staff and that they be kept in a weekly report to make sure nothing falls through the gap. Approved 7-0.
City Council Meeting Minutes/April 8, 2008
Page 5 of 8 Pages
1. Second Reading of an ordinance amending Section 10.16.082(C) of the erode of Ordinances regarding
parking in the downtown two-hour zone to provide for counting of repeat of offenses to restart at the
beginning of each calendar year -- Shelly Hargrove, Tourism Director and Main Street Manager; Randy
Morrow, Director of Community Services; and Tom Yantis, Assistant City Manager
Hargrove read only the caption of the ordinance on second reading. Motion by Oliver, second by Berryman
to approve the ordinance. Berryman said when someone moved their business to the square, they forgot to
move their car and received a ticket for $65.00. Nelon suggested she bring back an item on a future
agenda. Hargrove said they should have received a warning and on their second offense, they would
receive a citation. She asked that they contact her. Vote on the motion: Ordinance 2008-17 approved
7-0.
2. Second Reading of an Ordinance Rezoning from RS, Residential Single -Family District and C-1, Local
Commercial District to C-3, General Commercial District for 0.318 and 0.17 acres in the Clement
Stubblefield Survey, located on IH -35 at Leander.Road -- Carla Benton, Planner II and Elizabeth Cook,
Interim Director of Planning and Development
Benton read only the caption of the ordinance on second reading. Motion by Eason, second by Berryman
to approve Ordinance 2008-18. Approved 7-0.
3. Second Reading of an Ordinance to amend the Unified Development Code (UDC) Section 4.04.020.H
"Mixed Use District (MU)"; Section 4.04.020.1 "Transit Oriented Development District (TOD)"; and the
addition of Section 4.11 "Mixed Use Development District"- Elizabeth Cook, Interim Director of Planning
and Development
Cook read
only the caption of the
ordinance
on second
reading. Motion by Sansing, second by Berryman
to approve
Ordinance 2008-19.
Approved
6-0. (Snell
off
the dais.)
4. Second Reading of an Ordinance to amend the Unified Development Code (UDC) Table 2.01.020
"Summary of Review Authority"; Section 3.07 "Special Use Permit'; Section 3.08.040 "Administrative
Review of Minor and Amending Plats"; Section 3.08.050.1 "Waivers"; Section 3.08.070 "Final Plat Review';
Section 6.02.040 `Residential Dimensional Standards Interpretation and Exceptions"; Table 6.03.020 "Non -
Residential Lot and Dimensional Standards'; Section 6.03.040 "Non -Residential Lot Dimensions
Interpretations and Exceptions'; Section 8.04.010.13 "Tree Canopy Credits'; Section 8.05.020 "Standards";
Section 8.07.030.6 "Shared Design Standards for Gateways'; Section 8.09.020.A "Screening of Mechanical
Equipment"; Section 8.10.010 "Standards"; Section 9.03.020.D "Surface and Maintenance"; Section
10.03.020.0 "Subdivision Entry Signs"; Section 10.06 "Signs Design and Area Regulations"; Section
11.03.040 "Tree Protection Plan Required'; Section 11.03.050 "Replacement of Protected Trees"; Section
11.03.080 "Heritage Tree Preservation and Protection"; Section 11.05.010 "General Requirements"; Section
13.01.050 "Subdivision Development Exemption"; Section 13.08.010 "General'; Section 16.04 "Definitions
of Uses"; and Section 16.05 "Definitions" -- Elizabeth Cook, Interim Director of Planning and Development
Cook read only the caption of the ordinance on second reading. Motion by Eason, second by Berryman to
approve Ordinance 2008-20. Approved 7-0.
Z First Readings
1. First Reading of an Ordinance amending the 2007108 Annual Operating Plan Element (budget) for
adjustments related to the timing of projects -- Leticia Zavala, Controller and Micki Rundell, Director of
Finance and Administration
Zavala explained the ordinance and read only the caption of the ordinance on first reading after having
satisfied the requirements of the City Charter. Motion by Snell, second by Berryman to approve the
ordinance on first reading. Approved 7-0.
2. First Reading of an Ordinance amending the franchise fees relating to ATMOS gas -- Micki Rundell,
Director of Finance & Administration and Jim Briggs, Assistant City Manager for Utility Operations
(this item was pulled)
3. First Reading of an Ordinance zoning for traffic and rate of speed on SH 195 in the city limits of
Georgetown, defining speeding, fixing a penalty, and declaring what may be a sufficient complaint in
prosecutions — Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for
Utility Operations
Miller read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. He explained that TXDOT recommended that the speed limit be reduced from 65 to 60.
Motion by Berryman, second by Snell to approve the ordinance on first reading. Berryman said she has
asked TXDOT to install yellow flashing lights at the intersection of SH 195 and Berry Creek Drive, but they
City Council Meeting Minutes/April 8, 2008
Page 6 of 8 Pages
said they studied it and round it was safe. She said she agrees with the reduction of the speed limit, but
would like something more out there. Snell questioned Berryman's authority to request TXDOT. Berryman
replied that she did it through Sen. Ogden's Office and she had been talked to a citizen who had been
"t -boned" out there and asked if the Senator's office could do something about it. Oliver noted there are a
number of roads where the City needs to keep pressuring TXDOT for action regarding investigation on
speed limits. Sattler asked if there could be a study on SH195 further down to Sun City Blvd. Nelon
suggested that Sattler submit a separate item on a future agenda. Brandenburg said the police department
approached TXDOT after the "t -bone" incident, and TXDOT has installed flashing red lights and rumble
strips on the traffic that is east and west, but there needs to be yellow flashing lights on SH195 to caution
people to slow down. He noted there have been several cases where the City has approached TXDOT and
received no response. Vote on the motion: Approved 7-0.
4. Public Hearing and First Reading of an Ordinance for a Rezoning from C-3, General Commercial District to
PUD, Planned Unit Development District for Lot 9A of the Resubdivision of Wolf Ranch Subdivision,
Block A, Lots 5, 6 and 9, to be included in the Wolf Ranch Shopping Center, located at 1003 W. University
Ave -- Carla Benton, Planner II and Elizabeth Cook, Interim Director of Planning and Development
Benton explained the item, saying this lot was not included in the original PUD, but at the time of platting
they were required to put this in their plat note. She said this particular lot contains a 31 -inch live oak tree,
and under the PUD ordinance with Wolf Ranch, that would not be required to be preserved. She said the
Planning and Zoning Commission recommended that this tree be preserved, but they be allowed to use the
flexibility that was just allowed in the UDC amendments to incorporate it into the design since this was not a
part of the original PUD. Benton said Section 11, just approved, gives flexibility for the design standards
that were just put in the UDC, which would enable them to develop.
The Public Hearing was opened at 8:39 p.m.
Speaker, Jason Ramall, from Charlie Crossfield's Office, told Council he was here on behalf of the Wolf
Ranch developer, Simon Properties. He said due to the addition of Lot 9A, there will be revisions made to
the PUD to be brought back to the Planning and Zoning Commission and the Council. He clarified that
Section K will apply just to Lot 9A. Benton explained the staffs proposal is to include Section K for Lot 9A
only and it would be included in the ordinance. Nelon suggested that they be included in the ordinance
prior to second reading.
The Public Hearing was closed at 8:42 p.m.
Benton read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. Motion by Sansing, second by Sattler to approve the ordinance on first reading with the
conditions from the Planning and Zoning Commission. Approved 7-0.
5. Public Hearing and First Reading of an Ordinance for a Rezoning from AG, Agriculture District to PUD,
Planned Unit Development District for 14.39 acres out of the Frederick Foy Survey to be known as the
Cowan Creek Golf Amenity Center, located on Cool Springs Way -- Jordan Maddox, Planner II and
Elizabeth Cook, Interim Director of Planning and Development
Polasek for Maddox explained the item, saying the reason for the PUD is to accomodate certain standards
in the subdivision regulations and the regulating document Sun City is vested under while complying with
the UDC. He said the use of the Amenity Center is not residential, but is typical of uses in open space
which is allowed under the residential category. He said the development standards are consistent with the
8th Amendment to the Development Agreement. He said the Planning and Zoning Commission
unanimously recommended approval. He noted there was one public comment about the number of
parking spaces in the draft concept plan. He said the new plan has over 250 parking spaces with specifc
spaces for golf carts.
The Public Hearing was opened at 8:46 p.m.
Speaker, Shannon Barksdale, representing Pulte Homes, offered to answer any questions.
The Public Hearing was closed at 8:46 p.m.
Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. Motion by Snell, second by Berryman to approve the ordinance on first reading. Approved
7-01
6. Public Hearing and First Reading of an Ordinance for a Rezoning from AG, Agriculture District to PUD,
Planned Unit Development District for 2.415 acres out of the Frederick Foy Survey to be known as the
Cowan Creek Golf Maintenance Facility, located on Pedernales Falls Drive -- Jordan Maddox, Planner II
City Council Meeting Minutes/April 8, 2008
Page 7 of 8 Pages
and Elizabeth Cook, Interim Director of Planning and Development
Polasek for Maddox explained the item and said this is a golf course maintenance facility and is allowed in
residential categories. He said the development standards are consistent with the 8th Amendment to the
Development Agreement,
The Public Hearing was opened at 8:48 p.m. There were no comments. The Public Hearing was closed at
8:48 p.m.
Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. Motion by Sansing, second by Berryman to approve the ordinance on first reading.
Approved 7-0,
7. Public Hearing for the voluntary annexation into the City for 72.89 acres, more or less, in the J. Thompson
Survey, Abstract 608, for Weir Ranch, north of RR 2243 and west of the River Estates Subdivision --
Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Interim Director of Planning and
Development
Polasek said this is a public hearing only and explained the location of the property is partly in the City
limits. The Public Hearing was opened at 8:50 p.m. There were no comments. The Public Hearing was
closed at 8:55 p.m.
The meeting was adjourned at 08:55 PM.
City Council Meeting Minutes/April 8, 2008
Page 8 of 8 Pages
Attest:
Sandra