HomeMy WebLinkAboutMIN 03.25.2008 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.
Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council Present.
Sattler, Pat Berryman, Farley Snell, Ben Oliver
Staff resent:
Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Jessica Hamilton, Assistant City
Secretary; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations;
Elizabeth Cook, Interim Director of Planning and Development; Jimmy Sikes, Substation Manager;
Tommy Garcia, Planner; Jennifer Bills, Housing Coordinator; Keith Hutchinson, Public Information
Officer; Tom Benz; Valerie Kreger, Planner II; Ed Polasek, Principal Planner; Randy Morrow, Community
Services Director; Shelly Hargrove, Tourism Director and Main Street Manager; Mark Miller,
Transportation Services Manager; Jordan Maddox, Planner II; Marsha Iwers, Purchasing Manager; Micki
Rundell, Director of Finance and Administration
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
D Pledge of Allegiance
E Comments from the dais
F Announcements and Comments from City Manager
The City will hold elections for City Council seats for Mayor and Districts 2, and 6 on May 10, 2008. Please refer
to the City's website at www.georgetown.org for voting locations and details regarding early voting.
Georgetown residents are now required to register alarm systems with the City of Georgetown Police
Department. The requirement is for residential alarms or commercial building alarms in the City Limits.The alarm
registration requirement is the result of an ordinance passed by the City Council last year. The alarm ordinance
established the registration requirement, as well as an application fee. Alarm registration was enacted to help
City Council Meeting Minutes/March 25, 2008
Page 1 of 9 Pages
reduce the number of false alarm calls in the City. Each year, the police depanment responds to hundreds of
false alarm calls that take officers away from real emergencies and cost the taxpayers in wasted time. Alarm
registration is required in many other cities such as Austin, Denton, Flower Mound, Mansfield, Plano, and
Temple in order to reduce false alarm calls. Property owners with alarm systems are required to apply for a
permit at the Georgetown Police Department at 809 Martin Luther King, Jr. Street. The alarm registration fee is
$25 for residential and $75 for commercial, annually. Alarm companies also will be required to register with the
City. Applications and payment information are available on the City's website at www.geoMetown.org, or an
application can be picked up at City Hall, Municipal Court, Georgetown Municipal Complex, Fire Stations, Sun
City Police Substation, and the Police Department. The City is also working to enable alarm registration and
payment online through the City website. If you require any additional information or have any questions, please
contact the Georgetown Police Department Alarm Unit at (512) 930-3505.
Effective Monday, April 7"', the Georgetown Animal Shelter will have new public hours which are as follows:
Monday and Tuesday: 11 a.m. to 6 p.m.
Wednesday: closed
Thursday and Friday: 11 a.m. to 6 p.m.
Saturday and Sunday: 12 to 4 p.m.
The Georgetown Animal Shelter is located at 110 W.L. Walden Drive, which is near the McMaster Athletic
Complex parking lot on N. College Street. You can contact the shelter by phone at (512) 930-3592 or by going
to the Animal Shelter's website at www.animalsvca.georgetowntx.org.
Events for the 23`d annual Texas Hill Country Wine & Food Festival will take place at several venues in Central
Texas and culminate with its highlight event, the Sunday Fair, here in Georgetown at San Gabriel Park on April
13, 2008. Come and enjoy a fun filled event, relax, and experience a lovely spring afternoon of fine wine and
food, live music, lively conversation, and culinary seminars. Tickets for Sunday Fair are $45. The Georgetown
Visitors' Center has a limited number of tickets for sale, or they can also be purchased online at the Texas Hill
Country Wine & Food Festival website at www.texaswineandfood.org. For more information about the
Festival, please visit our website at www.visitgeorgetown.org or contact the Visitors Center at 930-3545.
G Action from Executive Session
Motion by Sansing, second by Eason that the City Manager, City Attorney, and staff be authorized to prepare a
Purchase Agreement containing the terms and conditions discussed in executive session last night for the
possible acquisition of a tract located in the City limits to be used for a new City law enforcement facility.
Approved 7-0
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 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.
As of the deadline, there were no persons who requested to address the Council on items other than already 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.
H Consideration and possible
action to approve the
minutes of the
Council
Workshop held on Monday, March 10
and Council Meeting held on Tuesday, March 11,
2008 -- Sandra
D. Lee,
City Secretary
Brainard said
he
has a small
change to
the minutes
of March 25th, 2008. He noted
on Item
N, second
paragraph at
the
bottom, the
statement
should
say "Russell
confirmed"
instead
of
"Brainard
confirmed."
Consideration and possible action to approve the recommendation by the Convention and Visitors Bureau
Board for approval of an allocation of $4,325.00 in Hotel Occupancy Tax (HOT) funds to the Williamson County
Historical Museum for assistance with advertising the 2008 Up the Chisholm Trail Event -- Shelly Hargrove,
Tourism Director and Main Street Manager and Randy Morrow, Director of Community Services
J Consideration and possible action for the award of the annual bid for emulsion to SemMaterials, LP of Austin,
City Council Meeting Minutes/March 25, 2008
Page 2 of 9 Pages
Texas, in the estimated amount of $40,000.00 -- Mark Miller, Transportation Services Manager, Jim Briggs,
Assistant City Manager for Utility Operations
K Consideration and possible action to approve a Construction Services Contract between the City of Georgetown
and LCRA to move a feeder breaker at the Gabriel substation in the amount of $30,000.00 -- Jimmy Sikes,
Substation T & D Manager and Jim Briggs, Assistant City Manager for Utility Operations
L Consideration and possible action to approve a Construction Services Contract between the City of Georgetown
and LCRA to install a feeder breaker at the Glasscock substation in the amount of $29,600.00 -- Jimmy
Sikes, Substation T & D Manager and Jim Briggs, Assistant City Manager for Utility Operations
M Consideration and possible action on an Indemnity Agreement between the City of Georgetown and Forestar
(USA) Real Estate Group Inc. for La Conterra Subdivision, Sections One and Two, located west of the extension
of Maple Street and south of Inner Loop Road. Carla Benton, Planner II and Elizabeth Cook, Interim Director of
Planning and Development
N Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to abandon two Public
Utility Easements situated along the shared interior lot lines of Lots 66-68 of Cimarron Hills Phase 1, Section 2,
located at 104, 106, and 108 Paloma Point. Tommy Garcia, Planner I and Elizabeth Cook, Interim Director of
Planning and Development
O Consideration and possible action on a Final Plat of a Resubdivision of Lot 18, Whitetail Subdivision, located at
155 Deer Draw. Valerie Kreger, Planner III and Elizabeth Cook, Interim Director of Planning and Development
P Consideration and possible action to approve a Joint Election Contract and a contract with the Williamson
County Voter Registrar to conduct the City of Georgetown General Election on May 10, 2008 -- Sandra D. Lee,
City Secretary and Patricia E. Carls, City Attorney
Motion by Sansing, second by Oliver to approve the Consent agenda with the correction to the minutes.
Approved 7-0.
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
Q Consideration and possible action to grant a waiver to the minimum distance requirement from a church for a
place of business wishing to sell alcoholic beverages located at 114 E. 7th Street -- Tom Yantis, Assistant City
Manager
Yantis explained the item and said the owner of the building has requested a waiver from the City's provision
that a place of business that sells alcoholic beverages be located at least 300 feet from a place of worship. He
noted this location does not quite meet the distance requirement between the front door of the property and the
front door of the sanctuary of the First Presbyterian Church. He added the applicant sought comments from the
church and the church is neither for nor against the application. He said, under the City's ordinance, it is up to
the Council to grant or deny a waiver and there are six items upon which Council can make it's findings. He
read the six items to Council. He said, in reviewing this request, he looked at the provisions of the downtown
master plan, the market analysis and the strategic retail plan for downtown. He said both of these seem
supportive of the concept of having retail and restaurant establishments that sell alcoholic beverages within the
downtown overlay district.
Speaker, Jim
Dillon,
expressed his disagreement with
this waiver request.
He said he does not know why the
church would
not be
against the permit and added he
believes the request
should be denied.
Motion by Snell, second by Berryman to grant the waiver on the basis of item two, which constitutes waste or
inefficient use of land or other resources. Oliver said and Yantis clarified that Chantal's and Nonna's satisfy the
distance requirement of 300 feet and Romeo's barely makes it. Sansing asked and Yantis said the property is
about 280 ft away from the church. Berryman said this property is designed to be a restaurant and it is part of
the downtown restaurant district. Approved 6-1 (Sansing opposed).
R Consideration and possible
action regarding the 2008
call by Williamson County for
Community Development
Block Grant applications
— Jennifer C. Bills, Housing
Coordinator and Tom Yantis,
Assistant City Manager
Bills explained the item said she came to Council two weeks ago to present two possible project ideas to submit
for this block grant. She said she was asked to see if the City could submit an application for any of the City's
social service funding. She added, after further research, none of the programs in the City are set up to utilize
the social service funding application. She said it would have to be a program the City administers because the
City has to track any money that we may get from this program. Bills listed two potential projects. She said the
first is an economic development project involving solar panels at the Texas Life Sciences Commercialization
City Council Meeting Minutes/March 25, 2008
Page 3 of 9 Pages
Center. She said they may Submit a second application for land acquisitions u, the Smith Branch park area.
She added staff is looking into utilizing this land for a Boys and Girls Club or a small park in the neighborhood.
Mayor asked and Bills confirmed the deadline for these applications is Thursday.
Snell said he is in support of the solar panels. He listed the criteria the projects must meet to apply for the
CDBG funds. He asked which criteria the project for generation demonstration meets. Bills said it falls under
benefitting low to moderate income persons and the project would bring down the cost of energy. Snell said he
does not think the generation demonstation projects fits the criteria. Brandenburg said there will be a screening
process that will look at the different criteria. Motion by Berryman, second by Oliver to approve the submission
of the applications. Sattler asked and Bills agreed these projects are all contigent on the awarding of the grants.
Bills said Georgetown is competing with other projects and cities in the County. Sansing said the solar project
has been incubating for a while and it will happen with or without the money from the grant. Approved 7-0,
S Discussion and possible action concerning Williamson County's participation and right-of-way proposals on the
SE One/ Inner Loop Project -- Thomas R. Benz, P.E., System Engineering Manager and Jim Briggs, Assistant
City Manager for Utility Operations
Briggs explained the item and referred Council to a layout of the SE Arterial One and the Inner Loop Project. He
said portions of the road have already been approved by GTEC and GTAB. He said there was discussion with
the County that led to the GTAB alignment in order to make it more effective and blend in with a truck route.
Briggs said TXDOT was involved by saying they wanted to expand the role of the right of way to go to a potential
maximum of 400 feet that would be similar to Interstate 35. He added the 400 feet is in the CAMPO plan and it
still exists as a potential east -west corridor unless Council decides change it. He said the right of way the City
has available in this section could be made up of a total of six lanes and an auxilary lane. Briggs showed
Council the potential access points. He said, with the design of roadways, you can go to a maximum of 400 feet
right-of-way, or you can limit the amount of direct access and instead do managed access. Briggs said the
layout given to Council has been through GTEC, GTAB and various property owners, and the feedback has
been positive. He said some discussion has been had with Williamson County about the impact of the
right-of-way width and how it ties into their project. He added the west side of the project will tie into the
Williamson County project and he said the City is not determining what will happen in that area. He added he
does not know how this will affect landowners, businesses, and local properties without having a final plan layed
out. He said he looked over the minutes of the last meeting and said there were questions about the pros and
cons of the 400, 300, 200 foot right-of-way. He said 400 feet allows flexibility to build and it is focused on
building a road without regard to what happens adjacent to it. He noted, if the City drops down to 300, it
squeezes the model, gives less flexibility, and forces you to evaluate exactly how you would design it to achieve
the ultimate goal. He added the same goes for 200 feet. He noted, the sooner the City gets this project
constructed, the sooner land development in that area will occur.
Mayor said the direction to staff was to negotiate with Williamson County to find the best solution to the plan.
He asked if this was the negotiated solution. Briggs said he does not know who he can negotiate with at the
County. He said staff met with the County consultants and the commissioners met on this subject this
afternoon. Mayor asked and Briggs said the discussion this afternoon was just a workshop and said the briefing
that he received was that it was inconclusive as to what they were going to do with the plan. He said they did
not want to acquire any additional right-of-way until the routing study is defined, and they chose not to fund the
routing study. He said Commissioner Covey had concerns about this layout because it is not 400 feet or
because the lanes do not have direct access.
Briggs said staff and the consultants are all in concurrence that this gives them a time window to begin moving
forward and there is still a lot to be done to find out the width of the right of way. Mayor said and Briggs agreed
there is a time limit in regard to the GTEC bonds that were already issued. Briggs said the City has an approval
from GTEC to go ahead and build one section of this plan. Sansing said GTEC approved the same map that
was given to Council. Motion by Sansing second by Berryman to approve the starting of the GTEC portion of
SE Arterial One at the GTAB line and then, at the earliest possible date, have a meeting with the County and the
City Council to figure out a solution to this project. Berryman said she has gotten mixed signals from the County
and its consultants. She said, if the City designs this as a bypass, there needs to be limited access. She said, if
there is not enough room for access roads, the City will have more problems going forward. She said she thinks
400 feet is too much and 200 is not enough.
Snell clarified and Briggs confirmed this map would allow us to start tomorrow and it will be a limited access
plan. Snell said and Briggs agreed that we do not have to have an interlocal agreement, but the City will build
the section and hope the County's section will fall into place. Sattler said and Briggs agreed that, if we went to
400 feet, we would take equal amounts of feet on each side of the road. Sattler asked and Rundell said we
have to start spending the majority of the bonds that apply to this project within the next two years. Briggs said
the yellow line that carves the GTEC to GTAB portion of the project is on one single parcel of land and staff will
have to negotiate with that landowner for a T intersection for right-of-way and then have to come back to them
after the West portion is resolved. He said this project has the potential of being a greater expense compared to
doing the whole project all at once. Sansing said he thinks the landowner would understand the situation if staff
spoke to them. Mayor said every piece of land will have a nuance to it. Vote on the motion: Approved 7-0.
City Council Meeting Minutes/March 25, 2008
Page 4 of 9 Pages
T Consideration and possible action to approve an Agreement with Southwesten University regarding the design
only of the Maple Street Realignment -- Paul E. Brandenburg, City Manager
Brandenburg explained the item and said the City was approached because of safety concerns with the current
alignment. He added the City and Southwestern has been working on a design to shift Maple Street further to
the west by the rail line as well as issues such as how many intersections, stop signs, speed limits, parking, and
safety issues of students and visitors having to cross Maple. He noted the cost of the project will be split evenly
between the City and the University. Mayor asked and Brandenburg said the attorneys and engineers from both
the City and Southwestern signed off on the plan.
Motion by Sansing, Berryman to approve the design. Sansing asked and Brandenburg said the design is one
way in and one way out as opposed to bidirectional. Snell clarified that this is an approval of the design of the
project and not the actual construction. He said one of the main issues for moving this road is the parking. He
added he assumed that Council was going to expect that, at a minimum, McKenzie and Southwestern would tie
into Maple Street. He added, without this tie in, there is no North exit from the University onto 7th and into town.
Brandenburg said the development agreement shows that those two access points as well as Soule will go
through as controlled intersections with Maple Street. Snell asked and Brandenburg said the City will have to
coordinate with the University about the construction. Snell asked and Brandenburg confirmed that who would
pay for the cost of moving utilities would come at at later time. Vote on the motion: Approved 7-0.
U Consideration and possible action to approve funding to replace the City of Georgetown's Emergency Outdoor
Siren Warning System -- Paul E. Brandenburg, City Manager
Brandenburg explained the item and said Council took action on July 10, 2007 to approve the outdoor siren
system as part of the Capital Improvement Plan on a 4-2 vote. He said, if within 90 days the Council would like
to reconsider the item, the Council would have to suspend the rules and take up the issue again. Motion by
Sansing, Brainard to reconsider this item. Approved 4-3 (Eason, Oliver, and Snell opposed)
Brainard said, if the sirens were to go off at any point in time, a majority of the citizens of Georgetown would not
know what it meant and would not know what to do. He added these sirens are an anachronism and a
throwback to the days when there was no television, cell phones, or Internet. He said this is not the best use of
the City's next available half a million dollars. Motion by Brainard, second by Berryman to remove the outdoor
warning system from the Certificates of Obligation package. Brandenburg said this system is meant to tell
people who are outside to go in and take cover and it is actually an upgrade to our current system. He added, if
we do not fund the replacement of a new system, we would have no system at all because the City currently has
sirens that do not cover the community. Sansing asked and Brandenburg said the total cost includes the
upgrade. Eason said the sirens have become a definite part of her life living in "Tornado Alley" and in
Georgetown. She said many people have been saved by those sirens. She noted education would be going
along with this system and it would be beneficial to people who are not familiar with the dangers and what to do
in the possibility of a tornado. She added computers, televisions, and phones are not infallible and are often
affected by electric storms that go along with the tornadoes. Oliver said this is an issue of public safety. He
added the City has many members of the community that don't have access to or don't use various modern
means of communication. He noted the City has a responsibility to those people. He said the way to do this
effectively is to educate everyone that needs it and, when that siren goes off, they will know what to do. He said
it is crucial to have a way outside of modern technology to communicate directly with people when there is an
imminent threat.
Berryman said she was against this in the first place because this form of an early warning system works well in
smaller towns and older homes. She said the people who live on the West side of Georgetown will have an
impossible time hearing the sirens inside of their homes because the newer homes are better insulated and
have double pane windows. She noted it will require that we continue to expand the system as the City grows.
She added continued education will end up being an additional cost. Brandenburg said the City's research has
shown there is no such thing as an indoor warning system and every warning system there is will be outdoor.
He added having an indoor warning system would cost more and would cause structural damage. Sattler asked
and Stofle said our reverse 911 system does not work in the case of a tornado. Brandenburg said staff had
talked about how to cover the cost of expanding the system and including additional sirens. He said staff could
put a provision in future development agreements requiring them to put in new sirens. Berryman said every
other City in Williamson County that has done a study on this has determined that it was a waste of money.
Vote on the motion: Denied 3- 4 (Sansing, Eason, Snell, Oliver opposed)
V Consideration and possible direction to staff regarding the development of an appeals or waiver process for
sections 12 and 13 in the Unified Development Code (UDC) for connectivity -- Gabe Sansing,
Councilmember, District 2
Sansing said the City has an Ordinance which states that connectivity is mandatory. He added he thinks it is a
good ordinance because, most of the time, it deals with public safety. He noted there are certain times when
there are other routes of access. He said there are some occassions when connectivity may not make sense.
City Council Meeting Minutes/March 25, 2008
Page 5 of 9 Pages
Sansing spoke about the dinerent scenarios where this would occur. Mayor aziKed and Cook said staff could
look at a UDC amendment to give flexibility, modification, or waiver ability to connectivty and maybe have
standards or findings that have to be made by P&Z or City Council. Brandenburg said, if Council thinks that this
has merit, staff would go back and put together a waiver policy. Mayor asked if staff should look at into this and
have it dovetail into the UDC amendment process. He said Council can only amend the UDC through
emergency and/or the normal Fall and Spring considerations. Brandenburg said if this issue is to be taken up
as part of the UDC process, it would have to be taken up in the Fall for next Spring unless it was determined that
this is an emergency. Snell said he suspects this is tied to a particular need by somebody and, if it is not the
case, this should be part of the regular process in October. Snell asked and Cook said Chapters 6-10 are the
only sections in the UDC where developers can be granted waivers by Council in the preliminary plat process.
Snell said the problem is connectivity is not included in Chapters 6-10 and Council could expand the ability that
exists in the platting process to include connectivity. Snell asked and Cook agreed this could be a way of
solving the issue.
Motion by Snell, second by Sattler to look at this process as an amendment in the normal fall, spring cycle for
UDC Amendments. Sansing clarified this does not affect current developments and it is for future developments
only. Mayor said, with roads that are in line to be built in every one of our industrial sections in town, we could
open up the possibility for truck traffic to into neighborhoods. Snell suggested we write an amendment referring
to connectivity not related to industrial sites. Mayor said we need the public safety aspect of connectivity within
the industrial sites. Oliver said there may be some circumstances where you don't want connectivity but the City
needs to define what the criteria are because we want to prevent the developers from being able to find a
reason to not be connected. Vote on the motion: Approved 7-0.
W Consideration and possible action to request staff to suggest a mechanism by which the City can continue
protection of South Fork Basin, and perhaps initiate protection of the Middle Fork Basin -- Farley Snell,
Councilmember District 6
Snell explained the item and said the City has been operating under a Council resolution that allowed the City to
protect the South San Gabrial River Basin by requiring an application for development in that area which
required a Century Plan amendment and an intensity level change to develop using principles of Conversation
Subdivisions. He added the City has three developments that have been designed under that resolution. He
said this resolution is no longer an instrument that is useful because, under the 2030 plan, there is no longer an
intensity map. He added, under the new land use map, the area is already made eligible for residential
development. He said he is concerned about this and he would like to see if there are any other mechanisms or
instruments that would allow the City to continue to protect that sensitive area as well as the Middle Fork Basin.
Motion by Snell, second by Brainard that the staff present to Council a new mechanism to protect these areas
with a suggestion and/ or a report no later than the second meeting in April. Sansing said he is not sure whether
this is appropriate for the Middle Fork Basin, but staff can still look into it and let Council know. He added there
is rarely any water in this area except for in the case of a flood. Vote on the motion: Approved 7-0.
X Forwarded from the Georgetown Utility System (GUS) Board
Consideration and possible to approve a Professional Services Agreement between the City of Georgetown and
Alexander Utility Engineering, Inc. of San Antonio, Texas, to provide evaluation and design services for a
Fiber Optic Network in the amount of $50,000.00 -- Jimmy Sikes, Substation T&D Manager, Jim Briggs,
Assistant City Manager for Utility Operations
Sikes explained the item and said this is the last piece before staff can move forward with the new system to
bring the City's fiber up to speed. He said this will enable the City to do multiple year designs and get the City
moving forward with a reliable and efficient system. Motion by Eason, second by Oliver to approve the
agreement. Approved 6-0. (Sansing off the dais)
Y Public Hearings/First Readings
1. First Reading of an ordinance amending Section 10.16.082(C) of the Code of Ordinances regarding
parking in the downtown two-hour zone to provide for counting of repeat offenses to restart at the
beginning of each calendar year -- Shelly Hargrove, Tourism Director and Main Street Manager and Randy
Morrow, Director of Community Services
Hargrove explained the item and said staff has discussed this with the company that the City contracts with
to enforce downtown parking. She said one of the main concerns was keeping track of offenses dating back
to 2004. She listed off the penalties and fines for repeat offenses. She noted staff was hoping the slate of
offenses could be cleared every calendar year in an effort to make this a little more friendly. Hargrove read
only the caption of the ordinance after having satisfied the requirements of the City Charter. Mayor asked
and Hargrove said there are about 2 to 3 repeat offenders per year who would fall into this category.
Brainard asked and Hargrove said the City has never impounded a vehicle. Brandenburg asked and
Hargrove said most complaints are about locals who are repeat offenders. Eason asked and Yantis said, if
a person waits long enough, they would still have to pay the existing tickets but the counter would start over
City Council Meeting Minutes/March 25, 2008
Page 6 of 9 Pages
again. Motion by Snell, uliver to approve the ordinance on first reading.
Berryman asked and Hargrove said, since the reopening of the Courthouse, there has not been a big jump
in traffic or parking issues. Yantis said the County has been very good at parking in the lots at 9th and Main
Streets. Berryman asked and Hargrove said most complaints are about building or business owners on the
square. Yantis said one of the issues the City has is that downtown still has a lot of office uses and those
people are the primary violaters of the parking ordinance. He added those people do not rely on the
turnover in the parking for their businesses. He said the main complaints are from retail or restaurant
owners complaining about business owners. Berryman said the Council has not gone back to readdress
this issue after the Courthouse opened. Mayor suggested she post that item at a later meeting. Vote on
the motion: Approved 7-0,
2. First Reading of an Ordinance
amending
Section 6.60.030 of the Georgetown Municipal Code Relating to
Permits for Alarm
Systems --
Patricia E.
Carls, City Attorney
Carls explained the item and read only the caption of the Ordinance after having satisfied the requirements
of the City Charter. She said the purpose of this ordinance is to clean up the Alarm Systems permit
Ordinance. She said the alarm permit system is well underway. She added the police department
identified one thing that needs to be changed in the Ordinance. She noted a provision that required the
tenant of an apartment complex in which there is an alarm to file for a permit application. She added staff
has since learned that tenants do not own or operate those systems and it is a responsibility of the owner of
the apartment complex. She said they would like to delete that requirement. Motion by Berryman, second
by Brainard to approve the Ordinance. Approved 7-0.
3. First Reading of an ordinance amending Chapter 12.24 of the Georgetown Municipal Code relating to
"Events" to address picketing, permitting, fees, the application process, insurance, and other issues
related to picketing and events -- Patricia E. Carls, City Attorney
Carls explained the item and read only the caption of the ordinance after having satisfied the requirements
of the City Charter. She said the first change is the removal of unused definitions and reorganization of the
numbering. She noted the second change is to define "picketing" and to establish requirements for
picketing. She read the new definition of picketing contained in the Ordinance. She noted picketing would
be allowed and the person would be encouraged to notify the police department if they have a planned
picketing activity. She added a person would be required to notify the police department 24 hours in
advance if the planned picketing activity would obstruct or close a public street, public sidewalk, public
right-of-way or other public property. She said the notification is being worked out logistically. She added
there is a change that the notification must be in writing. She said she worked with the police department to
identify the department or person with whom the notification should be filed. Carts said the other changes
are with regard to event permits. She noted there were different requirements for event permits in different
sections and they have consolidated a lot of those into one section. She said staff has clarified that there is
an application fee of $100. Carls said the Ordinance addresses how much insurance is required and added
the City worked with an underwriter to find out the acceptable limits for that. She said, finally, they changed
the process so the events committee would give their recommendations on an event permit to the Assistant
City Manager and any appeals from denials would go to the City Manager. Motion by Eason second by
Berryman to approve the Ordinance. Approved 7-0.
4. Public Hearing and First 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 11 and Elizabeth
Cook, Interim Director of Planning and Development
Benton explained the item and said these are the two remnant parcels that are left after South Fork Drive
was closed with the realignment of the frontage road and the change of access onto that road. She said
these are being platted and made a part of the property to the west. She noted the C-3 designation meets
the zoning criteria and is consistent with the Comprehensive Plan and the Unified Development Code. She
said the Planning and Zoning Commission recommended unanimously to approve this request. Benton
read only the caption of the ordinance after having satisfied the requirements of the City charter. Public
Hearing was opened at 7:47pm. There were no comments. Public Hearing was closed at 7:47pm. Motion
by Eason, second by Sansing to approve the Ordinance on first reading. Brainard asked and Benton said
this property is joining with the adjacent property. Vote on the motion: Approved 7-0,
5. Public Hearing and First Reading of an Ordinance to amend the Unified Development Code (UDC)
Section 4.04.020.H "Mixed Use District"; 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 explained the item and said this is the proposed document that would implement the existing TOD
City Council Meeting Minutes/March 25, 2008
Page 7 of 9 Pages
zoning district and Mixeu Use District that are in the Unified Development erode. She noted they were
adopted in 2005, but no standards were put in place for the two districts. She said staff has been going
through the process of coming up with an Ordinance that could be used for the Williams Drive Gateway, the
TOD district, and the new Mixed Use districts that are in the Comprehensive Plan. Cook read only the
caption of the ordinance after having satisfied the requirements of the City Charter. Public Hearing was
opened at 7:51 pm. There were no comments. Public Hearing was closed at 7:51 pm. Motion by Sansing,
second by Eason to approve the Ordinance on first reading. Approved 7-0.
6. Public Hearing and First Reading of an Ordinance to consider the following amendments to 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 8.07.030.8 "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 explained the item and said these are the amendments that are part of the UDC process. She said
these are a list of items that Council looked at last Fall and there were public workshops on the proposal.
She said Planning and Zoning Commission has recommended approval as outlined. She noted, since the
direction from Council to proceed with the annual amendments, there were some items that have come up
by staff and Council. She said they added Section 307 related to having a conceptual site plan with a
special use permit instead of full blown site plan. She said staff has also added a section clarifying that
landscaping materials are the same as plant materials. She noted there is the clarification that parking has
to be paved. She added storage areas have to be paved as well. Cook said another item has to do with
the sign ordinance. She said there is a conflict regarding obtaining permits for subdivision entry signs. She
added the new section will require permits for subdivision entry signs.
Sattler asked and Yantis said Sun City has a special master signage plan because that area was developed
before this UDC amendment was added. Snell referred to Section K on Heritage Tree protection priorities.
He said this is to place the protection of Heritage trees before other requirements on a particular
development.He asked and Cook confirmed the appeal is the consistent with the general appeal process
for Heritage Trees. Cook said there is a new element where the Planning and Zoning Commission will have
the authority to make a decision related to a preliminary plat so it will not have to go to Council. Cook read
only the caption of the Ordinance after having satisfied the requirements of the City Charter, Public Hearing
was opened at 7:59. There were no comments. Public Hearing was closed at 7:59 Motion by Berryman,
second by Brainard to approve the Ordinance on first reading.
*Eason said she is hoping it will not need a motion to amend, but she would like to suggest that the City
tighten up the language regarding plants and trees to refer to lists as approved by the urban forester. S#e--
. She noted one example is under Section 6.03.040,
the non-residential lot dimensions, interpretations, and exceptions. She referred to item b. under B. that
said none of the features above except plant materials shall extend into a public utility easement without
approval. She said another example is under item 8.04.010, tree canopy area. She said people would be
getting credits for all existing trees that are retained and all planted trees. She said the City would be giving
credits for trees that are invasive. She said she would like the City to give credits for the trees on the
preferred list. Mayor asked and Cook said there were no concerns raised about the trees that are used as
credits in the public hearing process. Snell asked and Eason said her suggestion is essentially just to clean
up the language. Sansing said he thought the City would not be giving credit for any of the "junk trees."
Yantis said this would make it internally consistent because the City does not give credit for the "trash"
trees. Yantis referred to the section about allowing plant materials in public utility easements. He said this
is a lot of times in people's backyards and he does not think the City would want to regulate the plant
materials on people's properties. Mayor said staff can clean up the language between this first reading and
the second reading and come back with wording that separates public utility easements from credits.
Sansing said and Brewer confirmed the preferred list still includes trees that are susceptible to oak wilt.
Eason said there is a denoted warning on the list about the trees that are susceptible. Brewer said a good
way to encourage different species is to put a percentage cap on the number of trees a person can plant
from a certain species. Eason asked and Mayor said her suggestion is not an amendment, but it is just
tightening up the the wording that Yantis said would make the it more consistent. Mayor asked and Yantis
agreed what is being proposed is tightening up the language and staff can bring that wording back at
second reading. Mayor asked and Yantis said this does not take any action by Council. Sansing said he
City Council Meeting Minutes/March 25, 2008
Page 8 of 9 Pages
does not like for the City to encourage developers to plant trees that are`suceptible to oak wilt and he feels
those trees should be taken off of the preferred list. Carls said and Cook agreed that, in this round of UDC
amendments, Council can not propose any changes to the preferred list. Mayor said, if Council would like
to change this section, they would have to initiate it in the next process. Vote on the motion *to approve
the Ordinance on first reading : Approved 7-0. (*As corrected by Patty Eason at the 04108/2008 Council
Meeting.)
7. 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
and Elizabeth Cook, Interim Director of Planning and Development
This item was pulled by staff.
8. 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
This item was pulled by staff.
Motion by Sansing, second by Berryman to adjourn. Approved 7-0
Adjorned at 8:10 pm.
These minutes were compiled by Assistant City Secretary, Jessica Hamilton.
The meeting was adjourned at 08:10 PM.
City Council Meeting Minutes/March 25, 2008
Page 9 of 9 Pages
Attest: �
City Secretary Sandra Lee