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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