HomeMy WebLinkAboutMIN 02.26.2008 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
Gary Nelon presiding.
Council Presenta Council Absent.
Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council present
Sattler, Pat Berryman, Farley Snell, Ben Oliver
Staff Present:
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City
Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki
Rundell, Director of Finance and Administration; Leticia Zavala, Controller; Randy Buchanan, Electric
Engineer; Todd Terbush, Police Lieutenant; Kevin Stofle, Assistant Police Chief; David Morgan, Police
Chief; Cathy Leloux, Court Administrator; Elizabeth Cook, Interim Planning Director; Ed Polasek,
Principal Planner; Mark Miller, Transportation Services Manager; Mark Thomas, Economic Development'
Director; David Munk, Development Engineer; Karen Frost, Planning Administrative Supervisor; Marsha
Iwers, Purchasing Manager; Kimberly Garrett, Parks and Recreation Director; Terry Jones, Support
Services Construction Manager; Tom Benz, Systems Engineering Manager; Glenn Dishong, Water
Services Director; Tommy Garcia, Planner I; Jordan Maddox, Planner II; Valerie Kreger, Planner Il; Keith
Hutchinson, Public Information Officer
Executive Session
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
- Consideration and possible action regarding the Compromise Settlement Agreement and Release with McCord Engineering,
Inc. related to switches at the South and East Substations in 2006
B Sec 551.072: Deliberations about Real Property
- Consideration and possible action to deliberate the purchase, exchange, lease, or value of real property - Lion's Head
Springs
- Consideration and possible action to deliberate the purchase of real property for city facilities
C Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body has received from a
business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which
the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive
to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with
which the City Council is conducting economic development negotiations.
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.)
City Council Meeting Minutes/February 26, 2008
Page 1 of 11 Pages
D Call to Order
Mayor Nelon called the meeting to order at 6:00 p.m.
11100][9) mrwasof
F Comments from the dais
Mayor Nelon gave a brief outline of meeting procedures.
G Announcements and Comments from City Manager
There were no announcements from the City Manager.
H Action from Executive Session
audience,
Motion by
Sansing,
second by Eason
to authorize staff to prepare a purchase agreement for the possible
acquisition
of Lion's
Head Springs, in
an amount not to exceed the appraised fair market value of the property.
Approved
7-0
Motion by
Sansing,
second by Eason
to authorize the Mayor to sign the Compromise and Settlement
Agreement
with McCord Engineering,
Inc., relating to the switches at the South and East Substations in 2006.
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 subject not posted on the agenda: Persons may add an item to the City Council's 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 this 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.
J Consideration and possible action to approve the minutes of the Council Workshop held on Monday, February
11 and Council Meeting held on Tuesday, February 12, 2008 -- Sandra D. Lee, City Secretary
Snell asked that the language in the minutes of Tuesday, February 12, 2008, on Page 5, second paragraph, be
changed to read: "Normally it would be possible for the City to pay cash, but it would make sense to bond this
because of the low interest at this time."
K Consideration and possible action to approve a resolution of support for the Imagine International Academy --
Mayor Gary Nelon (question from Sattler)
Sattler asked what effect a Charter school would have on GISD.
From the
audience,
Karalei Nunn said she
has met
with the former superintendent and interim superintendent
and
they
expressed
that
there is adequate
room
for
choice.
L Consideration of an award of the annual bid for swimming pool chemicals to Pool Sure and Altivia in the
estimated annual amount of $32,470.00 -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow,
Director of Community Services
M Consideration and possible action to enter into an interlocal agreement with Williamson County for the
establishment, operation and maintenance of the Williamson County Radio Communications System — Kevin
Stofle, Assistant Police Chief and David Morgan, Police Chief (question from Saftler)
Sattler asked about the impact on the budget, and Stofle responded that the City would allot an amount of
money and do it on a time and materials basis, to be renegotiated after five years. He said the County has
guaranteed a frozen rate for five years to ensure that each entity wouldn't be hit with an amount they weren't
prepared for.
N Consideration and possible action to enter into an agreement between the City and Operations Management
City Council Meeting Minutes/February 26, 2008
Page 2 of 11 Pages
International (OMI) for the repoacement of pipe insulation at the Lake Water i reatment Plant (LWTP) in an
amount not to exceed $29,466.45 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City
Manager for Utility Operations
O Consideration and possible action to authorize First Southwest Company to proceed with the preparation of the
required bond offering documents for the upcoming April 2008 bond issues -- Micki Rundell, Director of
Finance and Administration (question from Sattler)
Sattler asked and Rundell responded there is no surplus in the wastewater fund to pay for this. Nelon said we
don't incur the debt, the debt service is funded through the rates.
P Consideration and possible action to approve the purchase of wayfinding signs from National Sign Plazas,
Inc. in the amount of $41,000.00 -- Terry Jones, Support Serves Construction Manager and Tom Yantis,
Assistant City Manager (question from Sattler)
Sattler asked if this is the same as the kiosks for home builders, and Jones said it is not. Sattler asked about
the home builder kiosks, and Yantis responded the proposal was submitted to TXDOT in August of last year,
saying he just met with them last week. He said TXDOT will not approve the builder kiosk signs within their right
of way at this time, but the City is working on a compromise until legislation might be done to allow the signage.
He said the downtown wayfindng signage is intended to direct visitors to the buildings in downtown and will
include maps. He said the wayfinding program includes the kiosks and several different types of signs within the
program.
O Consideration and possible action for approval of the contract between Thomas Powerline Services of
Florence, Texas, and the City of Georgetown to provide field engineering services related to the design and
staking of the City's electric system improvements, commercial extensions, and system construction for an
amount not to exceed $48,000.00 -- Randell T. Buchanan P.E., Electric System Engineer, Jim Briggs, Assistant
City Manager for Utility Operations (question from Sattler)
Sattler asked if there was a local provider for this contract. Buchanan replied that this contractor is actually
more local than McCord from College Station.
R Consideration and possible action to approve a "Show Cause" Resolution and a "Settlement Agreement"
Resolution regarding the settlement agreement with ATMOS gas corporation as a part of the settlement
agreement between the ATM Cities and ATMOS Gas Corporation regarding rate case negotiations related to
services and rates provided by ATMOS Gas Corporation within the corporate limits of Georgetown -- Jim Briggs,
Assistant City Manager for Utility Operations
S Consideration and possible action on a Preliminary Plat for 19.4701 acres out of the David Wright Survey to be
known as Harmony Forest located at 3205 Cavu Road -- Carla Benton, Planner II and Elizabeth Cook, Interim
Director of Planning and Development
T Consideration and possible action to enter into a Professional Services Agreement with Wilbur Smith
Associates for services related to the engineering review of Traffic Impact Analyses required for new
developments -- Karen Frost, Planning Administrative Supervisor and Elizabeth Cook, Interim Director of
Planning and Development
U Consideration and possible action to authorize the Mayor to sign a letter of support to the Lower Colorado
River Authority for a Community Development Partnership Program Grant Application for renovations to the
San Gabriel adult baseball field -- Randy Morrow, Director of Community Services
V Consideration and possible action to approve a resolution amending Resolution 062607-0; to find public
convenience and necessity; and to authorize eminent domain proceedings, if necessary, for acquisition of a
permanent tunnel easement to effectuate certain public utility infrastructure improvements -- Patricia E. Carls,
City Attorney (pulled by Sattler for question)
Sattler asked if
there are problems with the
landowner. Carls said
it is unclear at this time, saying this is in the
early stages of
this process, and
she
would
keep Council
informed
during
executive
sessions.
W Consideration and possible action to approve the list of Early Voting and Election Day Polling Places for
Georgetown as part of the Williamson County Precinct List for voting locations at the May 10, 2008 General
Election to elect a mayor and councilmembers for Districts 2 and 6 -- Sandra D. Lee, City Secretary and Patricia
E. Carls, City Attorney
Motion by Eason, second by Berryman to approve the Consent Agenda with the correction to the minutes.
Approved 7-0. Berryman invited everyone to come on Thursday night to the City Lights Theatre as a fundraiser for
the Children's Advocacy Center. Mayor recognized two boy scouts in the audience.
City Council Meeting Minutes/February 26, 2008
Page 3 of 11 Pages
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
X Presentation summary of 2007 Racial Profiling Report as mandated by the State Legislature -- David Morgan,
Police Chief
Morgan told Council he is reporting, as required by Senate Bill 1074, regarding police contact data over the last
year, saying there is nothing to indicate any racial profiling for the fifth year in a row and no complaints. He
noted that in 2007, there were 30,000 calls for service, resulting in 2000 arrests.
Y Consideration and possible action for the approval to purchase an Integron DPII Digital In -car Video System
from the Houston Galveston Area Council of Governments purchasing contract in the amount of $223,264.64 --
Patrick Hurley, Information Management Lt. and David Morgan, Police Chief
Morgan explained the item saying there have been VHS systems in patrol cars for the last 15 years. He said
digital systems have been in use in Texas for the last five years, and is requesting the changeover to VHS. He
said all officers are required to videotape all citizen contacts. He noted that the digital system will allow a more
timely manner of maintaining and removing tapes according to the two week retention schedule as approved by
the state. He said these digital video cameras would be installed into 35 of the 49 patrol cars and on the four
motorcycles. Snell asked about the source of the funds and Morgan responded that $171,000 is in this year's
budget and $84,000 will come from the internal service fund. Motion by Berryman, second by Snell to approve
the purchase. Brainard asked if the purchase of this equipment would change the procedures on how much is
filmed and what is filmed, and Morgan responded this system will allow more taping for a longer period of time,
and will allow an extended retention period. Approved 7-0.
Z Consideration and possible action to approve the purchase of the server and wireless access points (back
end) system for the Police Department's Digital In -car Video System in the amount of $31,835.36 -- Patrick
Hurley, Information Management Lt. and David Morgan, Police Chief
Morgan explained the item and said the City's Information Technology Department will maintain this system, so
the Police Department asked them to specify the system to purchase. Motion by Eason, second by Sansing to
approve. Approved 7-0.
AA Consideration and possible action for the approval to purchase an audio/visual system for the Emergency
Operations Center from Ford Audio/Video Systems, Inc. in the amount of $113,982.53 -- Terry Jones, Support
Services Construction Manager and David Morgan, Chief of Police
Jones explained the item. Motion by Eason, second by Berryman to approve. Sattler said he is concerned
about companies not bidding for City projects. He asked if there is anything Purchasing can do to get more
people bidding. Jones said there are not many companies who do this type of work. Vote on the motion:
Approved 7-0.
BB Consideration and possible action to approve the purchase of two bucket trucks from Altec Industries, Inc.
through the TXMAS contract in the amount of $224,312.00 -- Terry Jones, Support Services Construction
Manager and Micki Rundell, Director of Finance & Administration
Jones explained the item. Motion by Snell, second by Eason to approve the purchase. Sattler asked about the
bids for the lighting in San Gabriel Park. He said he recalled that more expensive light poles had been
approved for purchase last year because the City didn't have a bucket truck that could reach the taller, less
expensive lights. He asked if the high -reaching truck is purchased could the the City revert to the the lower bid
on the light poles. Snell explained the procedure that would have to be followed to "go back" on the previous
contract for the purchase of the light poles. Nelon said the Council is voting tonight on the item to buy the
trucks, and the research could be done on the other item, but it would be an involved procedure to remove a
previous purchase approval. Vote on the motion: Approved 7-0.
CC Consideration and possible action to approve a resolution expressing official intent to reimburse costs for the
engineering for the College Street Bridge in an amount not to exceed $452,365 with proceeds from bonds that
will be issued at a later time -- Micki Rundell, Director Finance & Administration
Rundell explained the item, saying bond counsel recommended this item. Motion by Oliver, second by Eason
to approve the resolution. Approved 7-0.
DD Consideration and possible action on a variance from subdivision regulations pertaining to the required building
setbacks for Cimarron Hills, Phase 1, Section 4A, and Villas of Cimarron Hills, located west of Cimarron
Hills Trail West -- Carla Benton, Planner II and Elizabeth Cook, Interim Director of Planning and Development
City Council Meeting Minutes/February 26, 2008
Page 4 of 11 Pages
Benton explained that this is a variance request pertaining to the building set backs. She said both plats have
been processed through the preliminary plat stage. Motion by Snell, second by Brainard to approve the
variance. Approved 7-0.
EE Consideration and possible action to approve development processing review fee waivers for a proposed
6 -acre mixed use project within the Williams Drive Gateway Redevelopment Area -- Tom Yantis, Assistant
City Manager
Yantis explained this is the first major project since the adoption of the Plan in the redevleopment area. He said
the developer of this site has been willing to work with the City to implement the goals of the Master Plan and
agreed to donate the necessary right of way for the Northwest Boulevard bridge approaches and half of the right
of way for Gateway Boulevard. He said they are requesting a waiver of fees, which would be $1,565.00 for the
first phase and asked if Council would feel comfortable letting staff waive the fees in the future. Yantis noted
that the development will include two national chain hotels, and in subsequent phases, retail and a restaurant
along Gateway Boulevard. He said this will "kick start" the redevelopment at the north end of the Gateway.
Motion by Sansing, second by Eason to approve the waiver of the first phase fees. Vote on the motion:
Approved 7-0.
FF Consideration and possible action to approve a resolution granting consent of the City to the creation of
Williamson County Municipal Utility District No. 25 within the city limits of the City of Georgetown consisting
of a portion of the Water Oak subdivision -- Tom Yantis, Assistant City Manager
Yantis explained the item and said this is necessary before the proposed MUD can submit their application to
Texas Commission on Environmental Quality (TCEQ). Snell confirmed they can create multiple MUD's. Motion
by Sansing, second by Snell to approve the resolution to create the MUD . Approved 7-0.
GG Consideration and possible action to approve a council policy direction to staff regarding the construction of
Williams Drive from DB Wood Road to RM 3405 and authorization to provide hearing testimony to CAMPO on
February 28, 2008 -- Jim Briggs, Assistant City Manager for Utility Operations
Benz explained the item. Brandenburg explained it would be beneficial if an elected official were present at the
hearing. Nelon said he thought it would be a good idea for Councilmember Sattler, if available, to attend the
hearing and provide a letter since his district is the one most affected. Motion by Berryman, second by Brainard
to approve sending a councilmember to the CAMPO Meeting. Snell asked Benz to give a review of what was
talked about at the workshop. With a slide presentation, Benz gave the history of the project and how TXDOT
cut the funding, but continued to purchase right of way and construct utilities for a while and then stopped. He
said the County and the City determined the quickest timeframe would be for the City to take over the
maintenance and jurisdiction of Williams Drive. He said the County is working with an engineering firm on utility
relocation and the design to move this project forward; and the City agreed to take over the maintenance within
the city limits and work with the County to build the road. Brandenburg said this is the section between Sun City
to DB Woods Road, going from two to four lanes. Brandenburg noted getting control of the signals is important
to be able to regulate the traffic flow. Snell noted the total cost is just under $25 million, Georgetown's
contribution is just under $16 million, and Williamson County is trying to proceed with pre -construction activity as
much as possible; saying the City will be committed through the bond package to spend the $15 million, and
future action from the Council will be needed. Vote on the Motion: Approved 7-0.
HH Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC)
Consideration and possible action to approve the first amendment to the performance agreement with
Tamiro Ventures, Ltd. to amend the project budget to provide for additional on -street parking spaces on Main
Street -- Tom Yantis, Assistant City Manager
Yantis explained the item, saying this project received support from GTEC for reimbursement for the public
improvements within the right of way. He said the original cost was $531,710.00, and this will be adding
$39,768.00. Snell confirmed that this was approved by GTEC. Motion by Snell, second by Berryman to
approve the first amendment to the Performance Agreement. Sansing said he is still hopeful that Council will
figure out a way to put a parking structure on the property that the City owns adjacent to the former Draeger
property. Vote on the motion: Approved 7-0.
II Forwarded from the Georgetown Utility System (GUS) Board:
1. Consideration and possible action to appoint an impact Fee Review Committee for the review of the city's
water and wastewater Impact Fee update -- Glenn Dishong, Water Services Director and Jim Briggs,
Assistant City Manager for Utility Operations
Dishong said this committee would review the work of the impact fee consultants and reommend the fees
for approval by the Council. He said the fees are updated every three years to be in effect October 1 this
year. He told Council staff recommends the Review Committee be composed of the members of the GUS
City Council Meeting Minutes/February 26, 2008
Page 5 of 11 Pages
Advisory Board and two additional citizens, being Robert Kostka, Chair, MIKe cunningham, Riki Young,
Stanley Bland, Richard Lenning, Harry Gibbs, and John Gavurnik. Motion by Eason, second by Oliver to
approve the appointments. Approved 7-0.
2. Consideration and possible action to award the annual bid for Hot Mix Asphalt to Austin Asphalt of
Georgetown, Texas in the estimated amount of $361,625.00 -- Mark Miller, Transportation Services
Manager and Jim Briggs, Assistant City Manager for Utility Operations
Miller explained the
item, saying
this award of
bid was recommended by the GUS Board. Motion by Eason,
second by Oliver to
approve the
award of bid.
Approved 7-0.
3. Consideration and possible action to award the annual bid for miscellaneous fiber optic materials to
various vendors in an amount not to exceed $250,000.00 -- Jimmy Sikes, Substation T&D Manager and Jim
Briggs, Assistant City Manager for Utility Operations
Sikes explained the item. Snell asked what the City is doing with fiber optic and Sikes explained that most
of the City offices currently operate off a fiber system, using Voice Over IP (VOIP) and eventually
connecting all city facilities with fiber. Motion by Snell, second by Eason to approve the award of bid to
various vendors. Approved 7-0.
JJ Second Readings
1. Second Reading of an Ordinance for a Comprehensive Plan Amendment to adopt the 2030
Comprehensive Plan: Executive Summary; Introduction; Plan Framework; Plan Elements: Land Use
Element; Procedures for Plan Administration, Implementation, Monitoring and Updates; and Appendices, to
replace the Century Plan: Policy Plan, Development Plan, and Future Land Use Plan -- Edward G.
Polasek, AICP, Principal Planner and Elizabeth Cook, Interim Director of Planning and Development
Polasek said at the first reading there were questions about the Charter requirement and what is a revision
and what is an amendment. He said in the Appendices of the Plan there will be a chapter that is Chapter
1.08 of the Charter containing the requirements for comprehensive planning, and it defines the amendment
and revision process and is incorporated in the Plan. He read only the caption on second reading. Motion
by Sansing, second by Oliver to approve Ordinance 2008-07 on second reading.
Sattler complimented the Committee and the staff for putting together a good plan and said the Plan shows
a lot of flexibility, but he is very concerned with definitions. He said he likes to see upper case letters used
for definitions; and he said he thinks there needs to be clarification of the process for going into the other
elements of the Plan, asking if it should be done now or at a later date. Polasek said one of the specific
requirements is that staff bring back a plan on how to address the other Charter -required elements within
six months of the adoption of the Plan. He said with the Ccomprehensive Plan, as presented tonight, is the
Land Use Plan and they are carrying forward the Economic Development Plan, the Overall Transportation
Plan, the Parks and Recreation Master Plan, and the Downtown Master Plan. He noted the Parks Master
Plan is currently being revised. He said the Housing Element is being initiated and a contract is being let,
and there may be another element or two that come in the budget process within the required six months,
saying he will have a list of the elements to be included.
Sattler said he would like to see a better definition of "downtown." He asked if the definitions should be
done at this time or at a later date. Polasek said they are carrying forward the Downtown Master Plan, as
adopted by Council, which includes definitions, but those definitions could also be included in the 2030
Comprehensive Plan. Sattler asked for the definition of "downtown," "affordable housing as defined by
Georgetown", "designated areas," and "older neighborhoods." Maddox said, in regards to the definition of
"downtown," the Plan refers to downtown "in general," but Council can instruct staff to designate specific
areas, saying currently the Plan is referring to downtown as a broad area, awaiting Council's direction.
Sattler said he would like to see the infrastructure and land use plans be more integrated to be able to be
used as a tool for economic development when the City staff talks to prospective companies about coming
to Georgetown. Polasek said staff is programming capacities for serving utilities. He said the projects
annually appear in the CIP list, depending on development projects. Sattler asked how to get something
changed quickly enough to accomodate a business/industry that comes in during the middle of the year.
Brandenburg explained that the CIP is a document that changes annually, based upon priorities, but if a big
development comes in three months from now and is willing to pay for the extension or their fair share, the
City will add them to the CIP list. Nelon said, previously, the City had an intensity plan with no concentric
look and no natural way to tie infrastructure to the use of the land. Sattler said he is looking for a document
that economic development can use. Nelon said this is a "broad brush" look at land use, and if it is left
"undecided," until there is an applicant, it allows more flexibility. Berryman said it's a good idea to direct the
staff to work with Mark Thomas, Economic Development Director. Vote on the motion: Approved 7-0.
Yantis thanked Polasek and Maddox and the rest of the planning and other department staff and all the
citizens that came to the public meetings, the Committee, and the Mayor for chairing the Steering
City Council Meeting Minutes/February 26, 2008
Page 6 of 11 Pages
Committee. He said it was countless hours over a year to accomplish this. Polasek announced that the
CAMPO Public Hearing will be Thursday, February 28, at 6:00 p.m. in Round Rock. Sattler said he would
attend.
2. Second Reading of an Ordinance to amend the Unified Development Code (UDC) to revise Chapter 5,
Zoning Use Regulations, to permit office uses in limited circumstances in the Residential Single -Family
(RS) District and to create standards for those uses -- Elizabeth Cook, Interim Director of Planning and
Development
Cook explained the item, saying the first reading was held on January 22, and Council asked staff to work
with the citizens who spoke at the meeting about their concerns. She said this ordinance was prepared as
a result of the meetings with the neighbors, saying there are still two items outstanding, whether medical
offices are to be permitted and what scale, if medical is permitted. She suggested that the medical offices
be considered on a case-by-case basis, and asked Council for direction as to which items would need to
come forward for a special use permit. She said currently, for any special use permit, the Council must
approve the site plan for that use. She said the possible future user of this zoning and some of the
neighbors were saying that would be a major expense upfront, and were concerned if that implied a specific
outcome. She suggested modifying what comes to Council with the special use permit, instead of the
detailed engineering, a method of concept plan without the detail. She said the neighbors also proposed
that if someone didn't want to use the entire house, they could use only a part of it as an office, and wouldn't
have to go to the full standards. She read only the caption of the ordinance on second reading.
Speaker, Peter Dana, with additional minutes from Sherry Dana, said he thinks it is a bad idea to use a
single application as the motivation; and to characterize it as an emergency sets a bad precedent, where
special interests have circumvented the normal process. He asked that the special permitting process
continue only if it accomodates the neighbors, and the process should give neighbors the right to limit the
number of employees and clients so the least possible damage is done to the Heart of Georgetown.
Speaker, Bob Hewgley, with additional minutes from Barbara Myer, said he would like to support this
ordinance but said he has specific changes. He provided a handout to the Council. He said he approves of
medical on a case-by-case basis as suggested by Cook, but would like to eliminate the word "dentist," and
add "dental offices" as a medical use that is not permitted. He also asked to restore the definition of
business hours, to be hours during which the office could accept visitors from the outside, saying hours of
operation could be longer, where they could prepare for the day's work and end the day's work. He said
they would like to designate the business hours as being from 8:00 a.m. to 6:00 p.m., which it was in the
orignal draft. He said they are very concerned that "medical uses" is a broad description. He said it is
difficult to define the type of medical use, just by the type of user, saying whatever permission is granted will
go with that property. He said they are concerned about controlled substances on site being attractive for
burglary and concerned about hazardous materials on site. He said living next door to a facility that brings
in radiological materials is a hazard that you didn't expect when you purchased your home. He said he is
also concerned about traffic and spoke to Council about the "trip rates" as produced by the Traffic Impact
Handbook from the Institute for Traffic Engineers. He said the average trip rate for office use is 3.62 trips
per employee in a 24 hour period, and for medical use it is 8.91 per employee. He thanked Elizabeth Cook
for working with them at Council's direction.
Speaker, Renee Hanson, speaking on behalf of the Heart of Georgetown Neighborhood Association Board
and neighbors who would be affected by the ordinance, thanked Council for allowing them to give their input
to lessen the impact and thanked Elizabeth Cook for her work with them. She said they changed their
position to allow medical offices on a case-by-case basis, with the exception of dental offices because of
their traffic impact and asked to re-establish business hours to allow this use to be more neighborhood
friendly.
Motion by Sensing, second by Berryman to approve. Sansing said he is in favor of using Hewgley's
language, but wants to include dental on a case-by-case basis, as allowed by staff. He said he also likes
the idea of a concept plan rather than the applicant having to spend money for a complete site plan, and
said he likes the listed business hours. Berryman said she doesn't like the operation hours being limited
from 7:00 a.m. to 8:00 p.m. Brainard asked who was going to enforce the business hours. Oliver asked for
Cook to explain the wording for the hours of operation. Cook said it could be included in the special use
permit on a case-by-case basis. She said they won't know about it unless the neighbors complain. Nelon
noted that Sansing's motion limits only to the business hours, and everything else will be case-by-case.
Motion by Oliver, second by Eason to amend to include dental in the list of businesses to be excluded.
Eason said dental offices use radiation, heavy metals, high-end drugs for pain relief, anesthesia, and
antibiotics, so she thinks dental practise is too invasive for the residential neighborhood. Sansing said he
would like the Council to use their common sense. He said he doesn't think dentist offices create more
traffic than doctor offices. There was further discussion regarding medical/dental offices. Vote on the
Motion to Amend: Approved 4-3. (Sattler, Sansing, and Berryman opposed) Motion by Sansing, second
by Oliver to amend to eliminate medical offices altogether. Eason said there should be a delineation
between the type of medical office that performs surgery and uses drugs, and practitioners of "healing arts"
City Council Meeting Minutes/February 26, 2008
Page 7 of 11 Pages
that never have anything in their offices that involves drugs or sugery. CouK said she added psychiatrist
and psychologist, saying Council could take them back out if they so desired. Berryman explained why she
would like to see medical offices stay in, but not those types of medical facilities with extended hours such
as emergency care. She said most medical is a professional business and she would like to see it stay in.
Vote on the Motion to Amend: Denied 5-2 (Eason, Sattler, Snell, Berryman and Brainard opposed)
There were further questions and comments from Council. Snell suggested a correction in the text on page
5, under Section 3, regarding the word "except" and the hours; and asked about the language that states:
"and are, by this action, also amending another part of the UDC." Eason said on Item 11 on pages 5 and 6,
damage or destruction of property was replaced with the provisions of Sec. 14.03 of the UDC; and said she
would hope this is related to Old Town. She said she would rather give people the opportunity to
reconstruct back to the original facility. Cook said that section provides that if the house were damaged
more than 50%, it could be rebuilt, but it would no longer be the "existing house," which means it could no
longer have the special use permit. There was much discussion regarding non -conforming use. Eason
said she would want owners to be incentivized to rebuild consistent with the use. Motion by Eason, second
by Berryman to amend to remove section 11 from the ordinance. Sattler asked for the timeframe and Cook
responded 14 months. There was further discussion. Motion by Snell, second by Berryman to substitute:
Going back to the orignial language: The special use permit shall be null and void if the structure is
damaged by natural or accidental causes to the extent of more than 50% of the value of the structure at the
day it was damaged, and is not rebuilt "in kind" within 14 months. There was further discussion. Cook and
Carls asked to add "if there is some litigation associated with the damage, there could be a six-month
period to conclude any litigation related to such damage." Sansing asked why it would be allowed with this
but not on the Chuck Wagon site. Nelon said that particular situation doesn't apply to the decision being
made at this time. Vote on the Substitute Motion to Amend: Approved 7-0. Brainard asked about the
lighting of the sign, and Carls responded by reading from the definitions of "illumination" in the UDC. Vote
on the Original Motion as Twice Amended: Ordinance 2008-08 approved 7-0.
8:15 p.m. -- recessed
8:25 p.m. -- resumed
KK Public Hearings/First Readings
1. First Reading of an Ordinance authorizing the reimbursement of expenses to jurors who are selected to
serve on the Georgetown Municipal Court in the amount of $6.00 per day --Cathy Leloux, Court
Administrator and Micki Rundell, Director of Finance and Administration
Leloux explained the item. She read only the caption of the ordinance after having satisfied the
requirements of the City Charter. Motion by Sansing, second by Eason to approve the ordinance on first
reading. Approved 7-0.
2. Public Hearing and First Reading of an Ordinance for a Rezoning from AG, Agriculture District, to RS,
Residential Single -Family District for Pleasant Valley, Section 2, located west of FM 1460 and comprising
Valley Oaks Loop, Brayden Cove, and Portions of Sunrise Valley Lane and Georgetown View Lane --
Tommy Garcia, Planner I and Elizabeth Cook, Interim Director of Planning and Development
Garcia explained the item. He read only the caption of the ordinance after having satisfied the
requirements of the City Charter. The Public Hearing was opened at 8:29 p.m. There were no comments.
The Public Hearing was closed at 8:29 p.m. Motion by Oliver, second by Berryman to approve the
ordinance on first reading. Vote on the Motion: Approved 7-0.
3. Public Hearing and First Reading of an Ordinance for a Rezoning from AG, Agricultural, RS, Residential
Single Family, C-1, Local Commercial, and C-3, General Commercial Districts to (PUD) Planned Unit
Development District with a base zoning district of C-1, Local Commercial for 18.17 acres in the Porter
Survey to be known as Two Rivers, located at 103 North Austin Avenue -- Carla Benton, Planner II and
Elizabeth Cook, Interim Director of Planning and Development
Benton explained the item, saying this location is currently the San Gabriel Motel and RV Park. She said
there is extensive flood plain on both sides creating a reduced develpment area and limitations to access to
Austin Avenue due to topography. She said the applicant is proposing mixed use of retail/commercial along
Austin Avenue and multi -family along the pennisula. She said it contains 2.4 acres of proposed retail
(shopping and specialty retail), and a parking garage with upper level retail. She said they are proposing
179 multi -family units including an amenity center and club house. Benton noted that the owner is working
with Parks on connection with Hike and Bike trails, and a full drainage study will be provided. She said
access to Austin Avenue is still under consideration by engineering and is not being approved with this
plan. She explained the requested variances. She said the heighth of any development will not impede the
visability of the Courthouse. Benton noted that staff agrees this meets the criteria for rezoning and the
Planning and Zoning Commission unanimously recommended approval. She read only the caption of the
ordinance after having satisfied the requirements of the City Charter.
City Council Meeting Minutes/February 26, 2008
Page 8 of 11 Pages
Speaker, Larry Peel, appoicant, told Council this is a mixed-use development bordering the downtown
district. He said the existing motel units will be used for specialty shops. He said there will be 163 units on
the flood plain but not in the flood way. He said they will try to save the fountain that is in front of the motel
at this time. Sattler confirmed that this property does not have a historic designation and the property is not
considered within downtown. Sansing commended Peel for this proposed development. There were
further questions from Council. The Public Hearing was opened at 8:46 p.m. There were no comments.
The Public Hearing was closed at 8:46 p.m. Motion by Sansing, second by Berryman to approve the
ordinance to rezone on first reading. Approved 7-0.
4. Public Hearing and First Reading of an Ordinance for a Rezoning from RS, Residential Single -Family
District to OF, Office District, 0.32 acres described as Crestview Addition, Block 2, Lot 1 (s/pt), located at
1601 Oak Lane -- Valerie Kreger, Planner III and Elizabeth Cook, Interim Director of Planning and
Development
Kreger explained the item and said the applicant plans to use the house for an office. She said there was a
protest at the Planning and Zoning Commission Meeting regarding rear acces to the property, including
emergency vehicles, but said there are fire hydrants within 300 feet. She said the Commission voted 5-2 to
approve the request with the access to Oak Lane being prohibited and re -addressing to Rivery Boulevard.
Kreger read only the caption of the ordinance after having satisfied the requirements of the City Charter.
The Public Hearing was opened at 8:49 p.m. There were no comments. The Public Hearing was closed at
8:49 p.m. Motion by Sansing, second by Berryman to approve on first reading with the condition that the
driveway currently shown in place be removed, and the City consider turning the street into a cul-de-sac for
use by the fire vehicles for turning around. Berryman asked and Kreger replied that the applicant plans to
use the existing site and building. Sattler confirmed that there is a protest letter against the rezoning.
Sansing added a condition to have a site plan for consideration of a buffer. There was further discussion
regarding removal of asphalt and adding a fence as a barrier. Carls explained that could be addressed
between first and second reading. Vote on the motion: Approved 7-0,
5. Public Hearing and First Reading of an Ordinance creating Section 11.06 ("Conservation Subdivisions"
) in the Unified Development Code -- Jordan Maddox, Planner II and Elizabeth Cook, Interim Director of
Planning and Development
Maddox read only the caption of the ordinance on first reading after having satisfied the requirements of the
City Charter. He gave a brief history of the process for creating the ordinance. Maddox said the ordinance
was delayed twice and the Task Force created a list of points that should be discussed, such as
benchmarking with over a dozen cities; however, there are very few projects comparable to the issues
facing Georgetown right now. He said there were site visits to Allen, Texas (Montgomery Farm) and
Chimney Rock in Flower Mound, Texas. Maddox said it was determined that there would be policy
considerations for the Council. He said the Task Force developed two options for Council's consideration in
their motion to approve, saying there will be some issues that were kept flexible so that developers would
be able to provide a better project. Maddox said the Task Force debated the types of incentives, and they
are listed on the last page of the cover sheet.
Brandenburg thanked the Task Force. He said this project really started three years ago at the community
workshop at Southwestern with Randall Arendt. He noted that five of the seven task force members were
present in the audience. He said they have had seven meetings over the past five months, and he pointed
out the options provided by the Task Force for Council's policy decision.
The Public Hearing was opened at 9:09 p.m.
Speaker, Mark Baker, a member of the Task Force, said it was a pleasure to work with staff and the other
members of the Task Force. He recognized the other members present in the audience: Agnes *Fetiae
Plutino, Bob Brent, Mel Penland, and Philip Wonke. He said it was a very diverse task force and he
complimented the staff and Council for encouraging this type of interaction. He said Paul Brandenburg did
a good job of moderating the sessions and Tom Yantis, Elizabeth Cook, David Munk, and Jordan Maddox
were helpful to work with. He said his preference is to keep it as a voluntary incentive -based program.
(*as corrected by Patty Eason prior to the March 11, 2008 Council Meeting.)
Motion by Snell, second by Sansing to approve the conservation subdivision ordinance and follow Option B
on page 5 regarding applicability. Snell thanked everyone, and said he thinks of a conservation subdivision
as a golf course community with no golf balls, letting the topography of the land direct the development. He
said he thinks the City has said in several documents that the City has the responsibility to preserve certain
aspects of the community. As requested by Snell, Maddox esplained the thinking process, saying they
looked at all the land outside the city's boundaries and outside the city's provision of utilties, and decided if
there was a great employment opportunity or a great development Georgetown couldn't pass up, then the
option to "go out there" and get that type of development would be on the table; so if the proposed project
City Council Meeting Minutes/February 26, 2008
Page 9 of 11 Pages
was in Growth Tier 2 or vrowth Tier 3, and zoned agricultural, rural residential, or low-density residential,
they would have to follow the process of gong throng a site analysis map, presenting it to staff, and having
staff make a recommendation to Planning and Zoning and Council as to whether or not this property had
the natural features that the City was looking to preserve. Snell confirmed with Maddox that in the 2030
Plan there is a range of categories, the tier system being one of them, and there is also the Land Use Plan,
and the Council is taking seriously the intent of the 2030 Plan. He said on the tier system, that if somebody
came in and said they wanted to do "X" on a specific piece of property, and they would supply the pipe, only
if they were a really big employer, or had an idea of how to preserve the natural resources would they be
considered, and this is the way to defend the 2030 Plan. Nelon said Council wanted both options to be
incentive based. Vote on the Motion: Approved 7-0. Nelon thanked Maddox and all the staff and
members of the Task Force.
6. Public Hearing and First Reading of an Ordinance to amend the Unified Development Code (UDC)
Section 16.05 to revise the definition of "Sign" -- Elizabeth Cook, Interim Director of Planning and
Development
Cook explained the item, giving the history of Council's direction to staff regarding this ordinance. She said
at the December Council Meeting, Council had directed staff to initiate the UDC amendment and revise the
definition of sign by removing the last sentence, referencing color as identification, and limit the percentage
of a facade or roof that is considered a sign; and that is how it is now being presented. She read only the
caption of the ordinance after having satisfied the requirements of the City Charter. She said the Planning
and Zoning Commission recommended approval 5-2.
The Public Hearing was opened at 9:23 p.m.
Speaker, Chris Damon, said this affects people who seek to promote themselve in the marketplace. With a
slide presentation, he explained his concern with a portion of the proposed ordinance. He said the
definition in the second paragraph is vague, and states any portion of color placed on a building becomes
part of a sign. He demonstrated examples of 1 % of a sign. He asked for a clarification of the second
paragraph of Section 16:05.
Speaker, David Kellerman, showed the architect's rendering of the proposed Mel's Lone Star Lanes being
constructed on Austin Avenue. With a slide presentation, he showed he has a proposed blue line across
the facade of his building that will not be allowed by the City because of the wording of the ordinance.
Berryman said Bush's Chicken asked her to speak tonight about a problem with the red awning that is
characteristic of the Bush's Chicken Stores. She demonstrated the Bush's Chicken Stores in Cedar Park
and Round Rock, but here in Georgetown, they were told they couldn't use the awning in red, saying they
could not use the color red because it is part of the national branding color for Bush's Chicken Stores
across the state. She said they were told they could use any other color on the awning, but not red. She
demonstrated the picture of the Bush's Chicken in Georgetown which is set back from and next door to the
Valero Gas Station. She said the only sign Bush's Chicken was allowed was a monument sign which is
hidden in the picture by a vehicle leaving the Valero driveway. She said the result of this is that the revenue
of the Georgetown Bush's Chicken is 40% lower than those in Round Rock and Cedar Park. She said it
has been difficult for city staff to interpret the vagueness of the ordinance. She distributed a handout to the
Councilmembers on the dais showing the existing ordinance wording and the suggested new wording , but
said the new wording doesn't include anything regarding an appeal process. Berryman read the current
language in the ordinance and then read her proposed language with a change to the second paragraph:
"The term "sign" shall also include any use of color such as bands, stripes, patterns, outlines, or
delineations displayed for the purpose of commercial identification (corporate colors) that comprises more
than 30% of any facade or visible roof face." She asked that her language be approved. Nelon confirmed
with Carls that the Council has the option to adopt the new language without going back to the Planning and
Zoning Commission. Motion by Berryman, second by Sansing to approve her proposed language which
contains 30%. Motion by Snell, second by Eason to amend Berryman's motion to 15%. There were
further questions and comments and Yantis responded regarding percentages and the current wording of
the ordinance. Vote on the motion: Motion denied 4-3 (Sansing, Sattler, Berryman and Brainard
opposed) Motion by Sansing, second by Berryman to amend to 20%, saying that doesn't include the
actual sign. Brainard suggested that 20% is probably good, but he thinks staff should be allowed to use
their judgement. Vote on the motion to amend: Approved 7-0. There was discussin regarding an
appeal process, and it was determined that the applicant could appeal to the Zoning Board of Adjustment.
Vote on the orginal motion as amended. Approved 7-0. Yantis pointed out this eliminates the vague
language about "any use of color that calls attention to the building."
7. Public Hearing and First Reading of an Ordinance to amend the Unified Development Code (UDC)
Sections 5.03.030, 6.02.010, 7.03.040.8.1, 8.08.030.A.1, 9,03.010.A.1, and 16.04 and to create Sections
6.05, 7.03.010.8.1 12.02.010.C, and 12.03.020 to develop standards and a definition for residential
housing diversity subdivisions -- Elizabeth Cook, Interim Director of Planning and Development
City Council Meeting Minutes/February 26, 2008
Page 10 of 11 Pages
Cook explained the item, saying this ordinance revises some existing sections in the UDC and creates
some additional sections in relation to standards and definitions regarding residential housing diversity
subdivisions. She recalled that in November, Council had asked staff to create an ordinance that would
allow a developer to choose to create a subdivision where there would be mixed residential housing types,
and if they meet the percentage requirements of at least 20% of three housing types, they would qualify for
this ordinance, which is an incentive ordinance. She noted that this ordinance was presented at two public
hearings before the Planning and Zoning Commission, and they requested a public review process and
asked to reduce the scope of some of the incentives. She said the Planning and Zoning Commission
requested a special use permit instead of "by right," as well as some changes to the setbacks. She read
only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter.
The Public Hearing was opened at 9:52 p.m.
Speaker, Naomi Walker, speaking on behalf of the Georgetown Housing Advisory Board, asked the Council
to reduce some of the incentives for developers who are building diverse housing developments, and save
some of those incentives for developers who will also include cost diversity for single-family homeowners at
80% of the area median income or include that price point for the homes that are affordable or attainable for
those in the 80% bracket. She said the Housing Advisory Board is looking for ways for families to buy
homes at the median price level. She said cities need to incentivize the developers to build at the median
price level. She said if it is taken out of the Unified Development Code, it will negate all the work they have
been doing. She suggested that John Gavurnik is a developer who builds the lower price point homes.
She said Sun City is a good example of what they would like to see, saying the housing types work well
together and are integrated.
The Public Hearing was closed at 9:57 p.m.
Motion by Berryman, second by Brainard to approve as written. Motion by Snell, second by Sansing to
amend to remove all references to special use permit. Approved 7-0. Motion by Sansing, second by
Berryman to amend to take out the added "blue ink" from the Planning and Zoning Commission in the
proposed ordinance on page 4, and stay with staffs original recommendation. Oliver asked and Cook said
the blue numbers were there because the Planning and Zoning Commission felt the City was giving too
much incentive with not enough affordability. Vote on the motion to amend. Approved 5-2 (Eason and
Oliver opposed) Motion by Eason, second by Oliver to amend to delete the "rental" wording on page 2 in
Section 5.03.030 Accessory Residential Units. Denied 4-3 (Sattler, Snell, Berryman and Brainard opposed)
Vote on original motion as amended by Sansing: Approved 6-1. (Oliver opposed)
LL Appointments
1. Consideration and possible action to remove Trevor Dunham from the Convention and Visitors' Bureau
Board in order to appoint him to the Main Street Advisory Board and appoint Tina Owen to the
Convention and Visitors' Bureau Board -- Mayor Gary Nelon
Nelon explained the item. Motion by Sansing, second by Berryman to approve the appointments.
Approved 7-0.
2. Consideration and possible action to appoint Assistant City Manager, Tom Yantis, as Mayor Gary Nelon's
proxy for the Envision Central Texas Board of Directors and request for approval of annual contribution --
Mayor Gary Nelon
Nelon explained the item and recommended contributing $10,000 as the annual contribution. Motion by
Snell, second by Oliver to approve appointing Yantis and contributing $10,000. Sansing said he doesn't
think he has seen any results from Envision Central Texas. Nelon asked Yantis to prepare an update for
Council. Nelon suggested postponing the contribution, and Snell and Oliver accepted that as a friendly
amendment. Approved 7-0.
The meeting was adjourned at 10:10 PM.
City Council Meeting Minutes/February 26, 2008
Page 11 of 11 Pages
Attest:
Secretary Sandra Lee