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HomeMy WebLinkAboutMIN 11.14.2006 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Presents Council Absent.a Patty Eason, Gabe Sansing, Doug Smith, Henry All Council present Carr, Pat Berryman, Farley Snell, Ben Oliver Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Anthony Lincoln, Fire Chief; Clay Shell, Assistant Fire Chief; Bobby Ray, Planning Director; Ed Polasek, Principal Long -Range Planner; Melissa McCollum, Current Planner; David Munk, Development Engineer, Kathy Ragsdale, Utility Office Manager; Terry Jones, Support Services Construction Manager; Mark Thomas, Economic Development Director; Glenn Dishong, Water Services Manager; Kimberly Garrett, Parks and Recreation Director; Terri Calhoun, Paralegal; Mike Mayben, Energy Services Manager; Tom Benz, System Engineering Manager; 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 -Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - Application by MUD 19 for a Sewer Utility Certificate of Convenience and Necessity - Stanford v. City of Georgetown , Cause No. 06-634-C26, filed in the 26th Judicial District of Williamson County, Texas - Consideration and possible action concerning right-of-way and easement acquisition from Lloyd D. Trainer in connection with the SH 29 West widening project - Issues related to wastewater service for Berry Creek Subdivision, Section 1 B Sec. 551.066: Competitive Matters - Consideration and possible action related to the City of Georgetown Energy Services Department marketing for renewable programs and surge protection program and electric rate ordinance updates -- Mike Mayben, Energy Services Manager, Jim Briggs, Assistant City Manager for Utility Operations Regular Session ® To begin no earlier than 06:00 PM (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/November 14, 2006 Page 1 of 13 Pages C Call to Order Mayor Nelon called the meeting to order at 6:02 p.m. D Pledge of Allegiance Mayor• -• the Pledge, E Comments from the dais - Welcome to Audience and Opening Comments - Review of procedure for addressing the City Council Mayor Nelon welcomed the audience and explained the meeting procedures. - Announcement of two vacancies on the Main Street Advisory Board Mayor Nelon announced the two vacancies. Proclamation for Chronic Obstructive Pulmonary Disease Awareness Week. Mayor Nelon read the proclamation and presented it to Susan Dunning of the American Lung Association. Ms. Dunning shared statistics about the disease. F Announcements and Comments from City Manager Brandenburg made the following announcements: (1) There will be a Special Meeting on Wednesday, November 15, 2006, at 5:00pm in the Council Chambers to Canvass the November 7th Election. (2) A special City collection day for hazardous household items will be held on Saturday, November 18 for residential City of Georgetown customers only. The collection will be held at the City Collection and Transfer Station located at 250 W.L. Walden Drive, which is across from the McMaster Athletic Complex on College Street. Staff from Texas Disposal Systems and the City will collect household hazardous materials from 8 a.m. until noon. In order to drop off material, residents will be required to show a current utility bill and photo identification such as a driver's license. Please see the City's website at www.georgetown.orq for more details. (3) City Offices will be closed on Thursday and Friday, November 23rd and 24th for the Thanksgiving Holidays. (4) There will be no trash pickup on Thursday, November 23rd. Thursday trash collection slides to Friday. Friday trash collection slides to Saturday. G Public Wishing to Address Council - Raul Munoz of the Salvation Army regarding a new playground at Kelly Park in Georgetown. Munoz told the Council on November 30 more that 400 volunteers will build a new state-of-the-art playground at 805 West Street based on design from local children at Carver Elementary and the surrounding neighborhood. He said this will be a joint venture for the Salvation Army, City of Georgetown Parks and Recreation staff, Dell employees, and the KABOOMB organization. He said the ribbon -cutting would be at 3:30 p.m. on November 30. H Action from Executive Session Motion by Smith, second by Oliver that the City Council authorize the City Attorney to send the letter that was reviewed and discussed in Executive Session last night regarding sewer service in Berry Creek Section 1 to the requestor. Approved 7-0. Motion by Smith, second by Eason that the City Council authorize the City's special counsel for condemnation, Kent Sick, to respond to the November 13, 2006 settlement counteroffer from Mr. Trainer as follows: to accept the provision relating to establishing electric service to Mr. Trainer's sign; and to reject the provision relating to repair of driveway damage caused by relocation of telephone facilities. Approved 7-4, 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. Consideration and possible action to approve the minutes of the Council Workshop on Monday, October 23, and the Council Meeting on Tuesday, October 24, 2006 -- Sandra D. Lee, City Secretary City Council Meeting Minutes/November 14, 2006 Page 2 of 13 Pages There were corrections to the October 24 minutes from Councilmember Smith on page 9, Item X-7 and on page 17, Item Y-25. J Consideration and approval to purchase the Bio Key Fireobile application in the amount of $20,292.80 -- Anthony Lincoln, Fire Chief Snell asked and Lincoln explained the item to be purchased. K Consideration and possible action to approve payment to the Texas Commission on Environmental Quality (TCEQ) for annual wastewater plant assessment fees in the amount of $31,320.40 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations L Consideration and possible action on a Public Review Final Plat for 27.670 acres in the Frederick Foy Survey, A-2291 to be known as the Planned Unit Development of Sun City PUD, Neighborhood Fifty -Two, located approximately 1/4 mile south of the intersection of Cool Springs Way and Pedernales Falls Drive -- Melissa McCollum, AICP, Planner II and Bobby Ray, AICP, Director of Planning and Development Services M Consideration and possible action authorizing the purchase of door access and video security systems for the Library, Fire Station and Community Center projects from Security and Video Surveillance Systems Inc. through the State of Texas QISV contracts in the amount of $43,318.24 -- Terry Jones, Support Services Construction Manager and Mlcki Rundell, Director of Finance and Administration N Consideration and possible action for a request from PBS&J Architecture for an increase in their design fees for the Recreation Center project in the amount of $35,375.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance and Administration Smith asked and Jones responded that there this project is being accomplished in two phases because the last cost estimate was over what was appropriated in the bond issue, so the project was divided into two phases, with in-house renovation to help pay the extra. Snell confirmed that the whole project will be accomplished. O Consideration and possible action to approve a resolution authorizing the Release of a Special Assessment Lien against property currently owned by Don H. Fowler, Sr. and located at 1102 E. University -- Patricia E. Carls, City Attorney P Consideration and possible action concerning the acceptance of Williamson County's conveyance by Deed Without Warranty of the southeast segment of the Georgetown Inner Loop from Business 35/Austin Avenue east to a point approximately 400 feet south of Belmont Drive -- Patricia E. Carls, City Attorney Q Consideration and possible action to approve the grant of an easement to Pedernales Electric Cooperative, Inc. ("PEC") for electric facilities located within City -owned property adjacent to the western boundary of the Planned Unit Development of Escalera Ranch -- David Munk, Development Engineer and Bobby Ray, Director of Planning Motion by Carr, second by Oliver to approve the Consent Agenda with the correction to the minutes. Approved 7-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: R Consideration and possible action to appoint a canvassing team of councilmembers to canvass the results of the November 7, 2006 Special Election at a Special Council Meeting on Wednesday, November 15, 2006, at the City Council Chamber at 5:00 p.m. — Mayor Gary Nelon Mayor appointed Smith and Snell to serve as the canvassing team. Motion by Oliver, second by Berryman to approve the appointments. Approved 7-0. S Consideration and possible action to purchase one brush truckisquad from Pierce Manufacturing in the amount not to exceed $180,000.00 -- Anthony Lincoln, Fire Chief Shell introduced the item. Snell asked to know how it was listed in the Budget. Shell said it's in the scheduled replacements in this year's budget. Rundell said it is a 10 -year capital replacement. Motion by Sansing, second by Berryman to approve Approved 7-0, City Council Meeting Minutes/November 14, 2006 Page 3 of 13 Pages T Consideration and possible action to purchase one Quint Fire Apparatus from Sutphen Corporation in the amount not to exceed $875,000.00 -- Anthony Lincoln, Fire Chief This item was pulled by staff. U Consideration and possible action to approve a Resolution establishing a Naming Policy for City Facilities, Public Park Lands and Public Streets -- Paul E. Brandenburg, City Manager Brandenburg explained that a workshop was held on October 9 regarding current practises for naming facilities. He read portions of the resolution explaining the rules and process to be followed. Motion by Smith, second by Oliver to approve. There were questions and comments from the Council. 'Dote on the motion: Approved 5-2 (Sansing and Berryman opposed) V Consideration and possible action to appoint additional members to the Comprehensive Plan Steering Committee -- Mayor Gary Nelon Mayor noted that the three proposed additional members are Delfie Zavala from District 1, nominated by Councilmember Eason; Brenda Clark from District 2, nominated by Councilmember Sansing; and Jim Wooll, nominated by Mayor Nelon. Motion by Snell, second by Sansing to approve the appointments. Approved 7-0. W First Reading of an Ordinance Amending Chapter 8.32 of the Code of Ordinances Regarding Smoking in Public Places -- Paul E. Brandenburg, City Manager Brandenburg read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. He explained the changes requested by the Council at the October 24 meeting. Speaker, D. W. Mike Hall, representing the Chisholm Trail Elks Lodge in Georgetown, told Council he is the Bingo Operations Chairman. He said the Elks could limit access to Bingo by age to prevent children from being exposed to smoke. He said 60% of the bingo players are smokers. He said he did a survey and half of them said they would not come back if smoking were banned, saying that would put the Elks Lodge at a financial loss, and he asked Council to consider the charities that receive help from the Elks Lodge. Speaker, Judith Pouncey, speaking on behalf of the Smoke -Free Georgetown Coalition, told Council she represents 100's of people from various organizations. She said they are supportive of a strengthened ordinance because it is a public health issue. She read an article about the American Cancer Society's "Great American Smoke Out'° to be held on November 16. She said a safe smoke-free workplace needs to be provided for all employees. Speaker, Diana Crossley, told Council she and her husband love to play bingo and love to help charitable organizations, but drive 25 miles away from Georgetown to be able to play in a smoke-free hall. She said the Georgetown VFW has a separate room but the smoke still filters into the smoke-free room, and the food vendor is in the smoking room. She said the Elks Lodge has only one large room. She said the VFW at Liberty Hill and the Cyril Methodius Hall in Granger are non-smoking and there is a big attendance. She said second-hand smoke is classified as a Class A carcinogen. Speaker, Mary McGriff, said she liked the ordinance until the changes were made for four establishments. She said smokers are sometimes of low income and have no other place to go except a bar or a bingo hall where they can smoke and visit with their friends. She suggested that the solution to the problem would be that everyone be accomodated. Motion by Smith, second by Eason to approve the ordinance as proposed. Motion by Oliver, second by Sansing to amend page 7, b.3. regarding signage by adding that this is the only signage referencing smoking permitted on the exterior of smoking establishments. Yantis noted that the incidental sign limit is four square feet and is already spelled out in the UDC. Motion by Smith as a friendly amendment to say there could be only one sign no larger than one square foot at the entrance. Oliver and Sansing accepted the friendly amendment. Mote on the motion as amended: Approved 7-0. Motion by Snell, second by Smith to refine the language under Section "b" on page 8 regarding Exemptions, to add to paragraph (1) "except when the premises in which the establishment operates are being repaired, remodeled or expanded, in which case the period is one hundered eighty (180) days;" to eliminate paragraph (2); making paragraph (3) become paragraph (2), adding "the enclosed area of after the word, "Whenever'; deleting "destroyed or" and "ten percent (10%)", adding "twenty-five percent (25%)'; and making paragraph (4) become paragraph (3). Motion by Carr as a City Council Meeting Minutes/November 14, 2006 Page 4 of 13 Pages friendly amendment that the period of time in paragraph (1) may extend beyond 180 days with an approved building permit. Snell and Smith accepted the friendly amendment. Vote on the motion as amended: Approved 7-0. Motion by Sansing, second by Berryman that at Section A-5 Private Clubs, leave in "non-profit private clubs." Sansing said he is a nonsmoker, but he believes in the right of people to smoke in private clubs. Berryman said 501(c) 3 clubs are raising money for charities. She said the bylaws of the club could decide whether they are a smoking or non-smoking organization. She said if Council is exempting for private clubs, they should exempt for non-profit private clubs. Eason said the ordinance is the same for all private clubs, profit or non-profit. There were further comments from the Council. Vote on the amendment: Denied 4-3. (Eason, Smith, Oliver and Snell opposed) Motion by Smith, second by Eason to amend to change the language to "except that smoking shall not be allowed at a public event or activity at which any person under the age of 18 is present." There was much Council discussion. Vote on the amendment: Approved 6-1. (Oliver opposed) Motion by Oliver, second by Eason to amend to "grandfather" the two present clubs in their designated (smoking) areas. There were additional questions and comments from the Council. Vote on the amendment: Approved 4-3. (Sansing, Berryman and Carr opposed) Motion by Smith, second by Sansing to amend, under Section 8.32.030 Exemptions Paragraph (4), to insert the word "guest" in front of the word "smoking" and add "smoking is not allowed in public areas." Approved 6-1. (Carr opposed) Motion by Oliver, to strike "A (1) on page 8, which "grandfathers" the restaurants, to protect the employees of the restaurants. The motion died for lack of second. Motion by Carr, second by Berryman to replace this ordinance with the existing ordinance except to change it to align with state legislation. Denied 4-3. (Eason, Smith, Oliver and Snell opposed) Vote on the original motion as amended: Approved 5-2. (Carr and Berryman opposed) X Agreements 1. Consideration and possible action to approve the Hope Lumber Company, LP Performance Agreement -- Mark Thomas, Economic Development Director and Patricia E. Carls, City Attorney Thomas explained the agreement is to assist a company that has been in Georgetown for several years, and is one of the largest sales tax generators in the City. He said they are bringing new dollars into the City, and this agreement is the result of a retention meeting. He said Hope Lumber requested the ability to allow rail cars into the City, and they have indicated they may bring in an additional project that will bring in more sales tax. He said the City will continue to work with them as they continue to grow. Motion by Snell, second by Carr to approve the performance agreement. Approved 7-0. 2. Consideration and possible action related to the performance agreement between the City and Tamiro Ventures for the 501 S. Austin Ave. downtown redevelopment project -- Tom Yantis, Assistant City Manager Mayor Nelon recused himself and left the dais. Mayor Pro Tem Doug Smith conducted this item. Yantis explained the agreement and noted that the location is the former Draeger used car lot. He said the performance agreement was approved by GTEC on October 18. He said the project will consist of reconstruction of right of way around the property, new parking, new paving, new sidewalks, utilities, and landscaping. He said the business will make 23 full-time jobs available. Motion by Sansing, second by Berryman to approve the performance agreement. Approved 7-0. Mayor Nelon returned to the dais. 3. Consideration and possible action on amending a Professional Services Agreement with Diamond Surveying, Inc, as Surveyor to prepare metes and bounds legal descriptions for annexation of various tracts of land for the City of Georgetown, Texas -- Bobby Ray, AICD, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek explained the item, saying that Diamond Surveying prepared the metes and bounds legal descriptions for the annexations to be considered at this meeting. Motion by Sansing, second by Carr to approve the agreement. Approved 7-0. 4. Item forwarded from the Georgetown Transportation Enhancement Corporation (GTEC) Board Consideration and possible action on a Professional Services Agreement with Wilbur Smith Associates for an amount not to exceed $77,500 for Overall Transportation Plan modeling and technical support -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek said partial funding for the Program Project Analysis and Travel Demand Model Maintenance will City Council Meeting Minutes/November 14, 2006 Page 5 of 13 Pages be provided by the GTEC Board in the amount of $35,000. He said the City will provide $7,500 for review services of the existing TIA's, $15,000 for the Program Project Analysis and $20,000 for the Travel Demand Model Maintenance, for a total of $42,500. Motion by Carr, second by Smith to approve the agreement. Approved 7-0, 5. Consideration and possible action to approve a Development Agreement and Offsite Utility Agreement between the City and ABG Development Limited; a Tri -Party Offsite Utility Agreement between the City, ABG Development Limited, and San Gabriel Harvard LP; and an amendment to the Escalera Ranch Development Agreement, all of which are related to the proposed development of approximately 1,700 acres of land within the City limits and ETJ, west of Interstate 35, south of SH 29, north of RR 2243 and east of the Escalera Ranch subdivision with frontage along the South San Gabriel River, to be known as the ABG Subdivision — Glenn Dishong, Water Services Manager; Jim Briggs, Assistant City Manager for Utility Operations; Tom Yantis, Assistant City Manager; and Patricia E. Carls, City Attorney Yantis explained the item and the agreements. He noted that there have been multiple workshops on this development. He listed the elements of the agreement. Carr said he has received a lot of correspondence from people who live in the present Escalera area and asked how their issues would be solved. Yantis noted that the first development agreement for Sections 6 through 10 allowed a higher density than what was originally planned, but this agreement lowers the density in Sections 7 through 10, different than what was approved in the original development. He said section 6 is still outstanding. Speaker, Evelyn Young, thanked ABG for meeting with them, saying their concerns are with the water. She said she wants the storage tank up and running before the high density occurs. She said they have had water problems already and want something put in place to take care of it. She said they are also concerned about traffic, saying she would like to have a configuration of the road that would allow connectivity but would not be ideal for people to use as shortcut through the subdivision. She asked for a traffic light to assist entering and leaving the subdivision, and some help for the increased traffic before TXDOT can handle the additional capacity. She also asked that the City check to see if the 12 acres designated for schools is sufficient. Speaker, Travis Williams, asked for a city residential street as a connector. He said he is interested to hear about the Council action that increased the density to the original Escalera development. He said he is speaking in support of the ASG development, but with the stipulation that the drive-through pasture with wire fences be preserved and protected by berms. He asked for the addition of exit and turning lanes or slow -down lanes on RR2243 at the Escalera entrance. Nelon noted that TXDOT is in control of RR2243. Nelon asked the applicant to come forward. Steve Metcalfe, on behalf of the applicant, clarified that when the revised Escalera Plan was done it showed 2,087 lots and the plan now shows 1,650, which shows they are reducing density. He said the elevated water tank is required before more than 250 units are incorporated into the neighborhood. He said, regarding connection, they are following the City code, the size is already dictated by the Concept Plan; and he said they have done a Traffic Impact Analysis. Nelon asked about the "berms along the roadway." Yantis said he thought ABG would probably agree to the City's gateway landscaping along major arterial roads that requires a 25 -foot landscape buffer. Walt Busby, President of ABG Development, told Council their design has a 50 -foot buffer. He agreed that the issues of the residents are valid. Council asked specific questions regarding civic uses, PID assessments, building heights, choice of mixed-use designations, development areas allowed to be changed by as much as 20%, and definition of service unit equivalents. Yantis reviewed some changes to be made in the language for clarification, and Carls noted there will still be some wording added regarding the impact fee. Motion by Carr, second by Snell to approve the agreements as modified tonight. Motion by Sansing to amend the development agreement in section 4.3, asking that under Time Limitations, three years be substituted for five years. The motion failed for lack of second. Vote on the motion: Approved 7-0, Y Second Readings 1. Second Reading of an Ordinance for a Comprehensive Plan Amendment to change (1) the Future Land Use from Residential to Residential, Mixed Use and Office/Retail/Commercial, (2) the Intensity Level from Level 1 to Levels 3, 4 and 5, and (3) the Overall Transportation Plan to relocate the connection point on SH -29 for the future SW 2, for 1,707.749 acres more or less out of the Samuel Campbell Survey, Abstract City Council Meeting Minutes/November 14, 2006 Page 6 of 13 Pages No. 157, the J.D. Johns Survey, Abstract No. 365, the John T. Church Survey, Abstract No. 140, the Key West Irrigation Co. Survey, Abstract No. 7111 I. & G. N. R.R. CO. Survey, Abstract No. 744, the W.E. Pate Survey, Abstract No. 836, the Daniel Medlock Survey, Abstract No. 839, the Robert Milby Survey, Abstract No. 459, the John Berry Survey, Abstract No. 98, the A.H. Porter Survey, Abstract No. 490, the Isaac Donagan Survey, Abstract No. 178, and the Joseph Thompson Survey, Abstract No. 608, consisting of the eastern part of Escalera Ranch and the Barton, Faubion, and Watson tracts, located north of FM -2243 and south of SH -29 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek noted the clarification made from the first reading. He read only the caption on second reading. Motion by Smith, second by Carr to approve Ordinance 2006108. Approved 7-0. 8:10 p.m. -- recessed 8:20 p.m. -- resumed 2. Second Reading of an electric service ordinance adding riders pertaining to new optional electric programs for customers; amending provisions for small general electric service; repealing obsolete electric program riders; and adding clarifying wording to existing municipal rates, with changes since first reading regarding the rate in the distributed generation program -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale read only the caption of the ordinance on second reading. Mayben explained that the fuel component of the rate would be a credit of the fuel factor charge or 3.7 cents. Motion by Sansing, second by Oliver to change the credit back to the consumer as ane -for -one to what their usage is, and if their generation is over their use amount, they would be credited back at 3.7 cents, the fuel charge. There were comments from the Council. Smith said he would vote against the motion because he thinks the City needs to encourage solar power. Vote on the motion: Ordinance 2006-109 approved 4-3 (Smith, Eason and Snell opposed) *Eason stated that she voted against the ordinance in support of the staffs concern about the distributed generation program. (*as corrected by Eason at the November 28, 2006 Council Meeting.) 3. Second Reading designating a contiguous area within the extraterritorial jurisdiction of the City of Georgetown, Texas, generally described as being 51.50 acres out of the Lewis P. Dyches Survey, Abstract No. 180, in Williamson County, as a reinvestment zone for property tax abatement purposes pursuant to Chapter 312 of the Texas Tax Code — Mark Thomas, Economic Development Director Thomas explained that this reinvestment zone would be an incentive for Project Lee. He read only the caption of the ordinance on second reading. Motion by Sansing, second by Eason to approve Ordinance 2006-110. There were comments from the Council. Brandenburg said the final amount would be brought back with the agreement on the November 28 Council agenda. Vote on the motion: Approved 7-0. 4. Second reading of an Ordinance of the City Council of the City of Georgetown providing for the abandonment by quitclaim deed of a portion of CR 265W (Wolf Ranch Parkway) to NSJS, L.P. and Bili and P.D. Chapman and providing for the terms and conditions of such abandonment -- Jim Briggs, Assistant City Manager for Utility Operations Calhoun read only the caption of the ordinance on second reading. Motion by Eason, second by Snell to approve Ordinance 2006-111. Approved 7-0. 5. Second Reading of an Ordinance of restricting access to a platted, but unconstructed street known as Pecan Trail, located in Briarwood Subdivision, Section 4, which subdivision plat is recorded in the plat records of Williamson County in Cabinet 1, Slide, 172, to pedestrian and emergency and maintenance vehicles only; providing a severability clause; providing a conflicting laws clause; and setting an effective date — Melissa McCollum, Planner 11; Bobby Ray, Director of Planning and Development Services; Mark Miller, Transportation Services Manager; and Kimberly Garrett, Parks and Recreation Director Garrett explained the item and read only the caption of the ordinance on second reading. Motion by Smith, second by Carr to approve Ordinance 2006-112. Approved 7-0. 6. Public Hearing and Second Reading of an Ordinance Amending Table 2.01.020, Sections 2.04.010 (A)(2) and 3.13.080 of the City's Unified Development Code Relating to Appeals from Decisions of the Historical and Architectural Review Commission — Rebecca Rowe, Historic District Planner and Bobby Ray, AICP, Director of Planning and Development City Council Meeting Minutes/November 14, 2006 Page 7 of 13 Pages Ray explained that this is the second public hearing and second reading of the ordinance. He read only the caption of the ordinance on second reading. The Public Hearing ws opened at 8:36 p.m. There were no comments. The Public Hearing was closed at 8:36 p.m. Motion by Smith, second by Sansing to approve. Oliver asked and Carls gave clarification of specific language in the ordinance, saying the wording is standard, but she understood his point. Eason asked for the status on the review of the bylaws and guidelines, parliamentary procedure, and the Open Meetings law; and Brandenburg said he is reviewing the bylaws of all the boards and commissions, to standardize all the bylaws, including term limits, residency requirements, and other issues. He said he wants to bring all of the bylaws to Council at the same time. Ray said staff is reviewing the guidelines to see what needs to be updated and will meet with representatives of the Commission. Carls said the Open Meetings training comes up again in February for all boards and commissions. Snell confirmed that changing the guidelines would mean changing the ordinance. He suggested a workshop with HARC. dote on the motion: Ordinance 2006-113 Approved 4-3. (Snell, Oliver and Eason opposed) 7. Second Reading of an Ordinance Rezoning from AG, Agriculture district to PUD, Planned Unit Development for 27.670 acres in the Frederick Foy Survey, A-229, to be known as the Planned Unit Development of Sun City PUD, Neighborhood Fifty -Two, located approximately 1/4 mile south of the intersection of Cool Springs Way and Pedernales Falls Drive. - Melissa McCollum, AICD, Planner II and Bobby Ray, AICP, Director of Planning and Development Services McCollum read only the caption of the ordinance on second reading. Motion by Smith, second by Carr to approve Ordinance 200643 114 *. Approved 7-0. (*as corrected at the February 13, 2007 Council Meeting) 8. Second Reading of an Ordinance for a Comprehensive Plan Amendment to change the Future Land Use from Residential to Commercial and Multi -Family, and the Intensity Level from Level 1 to Level 4 for 27.737 and 88.093 acre tracts in the Woodruff Stubblefield Survey, A-556, also known as Brinklum Farms, located on the N.E. Corner of CR 102 and CR 104 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on second reading. Motion by Smith, second by Eason to approve Ordinance 2006444 115 *: Approved 7-0. (*as corrected at the February 13, 2007 Council Meeting) 9. Second Reading of an Ordinance Rezoning from OF, Office District to MF, Multifamily District for Lots 1-9, Haven Heights and Outiot Division B, Block 10(pt), City of Georgetown, located along Haven Lane — Jennifer C. Bills, Planner I and Bobby Ray, AICP, Director of Planning and Development McCollum read only the caption of the ordinance on second reading. Motion by Carr, second by Smith to approve Ordinance 200644-5 116 *. Approved 7-0. (*as corrected at the February 13, 2007 Council Meeting) 10. Second Reading of an Ordinance Rezoning a 0.258 acre portion of Block G, Dalrymple Addition, located at 402 West University Avenue from RS, Residential Single -Family district to MU -DT, Mixed Use Downtown District — Rebecca Rowe, Historic District Planner and Bobby Ray, AICP, Director of Planning and Development McCollum read only the caption of the ordinance on second reading. Motion by Smith, second by Carr to approve Ordinance 2006446 117 *. Approved 7-0. (*as corrected at the February 13, 2007 Council Meeting) 11. Second Reading of an Ordinance Rezoning from RS, Residential Single -Family district to MU -DT, Mixed Use Downtown District for Lots 5, 6, & south 1/2 of Lot 7 in Glasscock Addition, Block 04, located at 313 West 10th Street — Rebecca Rowe, Historic District Planner and Bobby Ray, AICP, Director of Planning and Development McCollum read only the caption of the ordinance on second reading. Motion by Sansing, second by Carr to approve Ordinance 200644-7 118 *. Approved 7-0. (*as corrected at the February 13, 2007 Council City Council Meeting Minutes/November 14, 2006 Page 8 of 13 Pages Meeting) Z Involuntary Annexation First Readings 1. First Reading of an Ordinance Annexing into the City approximately 386.7 acres of land out of the D. Wright Survey and J. Berry Survey that lies east of IH -35 and east and west of SH 130, extending south approximately 6,000 feet from the Intersection of IH 35 and SH 130; and approximately 91.5 acre portion of ROW, including SH 130 extending from IH 35 south approximately 6,005 feet, Old Bishop Road from IH 35 east to SH 130, and CR 152 extending from CR 151 north and east to approximately 1,300 feet east of SH 130, referred to as 2006 Annexation Area 1 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Oliver to approve the ordinance on first reading. Approved 7-0. 2. First Reading of an Ordinance Annexing into the City approximately 2093 acres of land out of the A. Flores Survey and Wm. Addison Survey, that lies south of the Georgetown Railroad ROW, west of Inner Loop NE, and north and east of the current city limits, referred to as 2006 Annexation Area 5 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Smith to approve the ordinance on first reading. Approved 7-0. 3. First Reading of an Ordinance Annexing into the City approximately 582.6 acres of land out of the A. Flores Survey, Wm. Addison Survey, and W. Stubblefield Survey, that lies south of the Georgetown Railroad ROW, east of the Inner Loop NE, and north of State Highway 29; and approximately 98.5 acres of ROW for SH 130, referred to as 2006 Annexation Area 6 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Speaker, Murray Snook, asked Council if the parcel containing his homestead could be exempted from the annexation. There were questions and comments from the Council. Motion by Eason, second by Berryman to exclude that parcel from annexation and approve the ordinance on first reading. Approved 6-1. (Sansing opposed) 4. First Reading of an Ordinance Annexing into the City all lots in the Dove Springs Subdivision, and various tracts of land out of the Wm. Addison Survey and W. Stubblefield Survey, that lies south of Stonehedge Subdivision and Meadows of Georgetown Subdivision, east of SH 130, and west of CR 110, totaling approximately 1,110.0 acres of land; and 12.6 acres of ROW, including portions of CR 102, CR 1041 Carlson Cove, Rock Dove Lane and Theron Circle, referred to as 2006 Annexation Area 8 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Smith to approve the ordinance on first reading. Approved 7-0. 5. First Reading of an Ordinance Annexing into the City Lot 1 and Lot 2 in Shire Subdivision, and various tracts of land out of the Wm. Addison Survey, that lies south of the Inner Loop SE, and east of the current city limits, totaling approximately 243.8 acres of land; and 7.9 acres of ROW, including portions of Carlson Cove and CR 110, referred to as 2006 Annexation Area 11 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Oliver to approve the ordinance on first reading. Approved 7-0. 6. First Reading of an Ordinance Annexing into the City approximately 134.5 acres of land out of the Wm. Addison Survey and J. Robertson Survey, that lies south of the Pinnacle Subdivision, east of the current city limits and north of CR 111, referred to as 2006 Annexation Area 16 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Council Meeting Minutes/November 14, 2006 Page 9 of 13 Pages City Charter. Motion by Smith, second by Carr to approve the ordinance on first reading. Approved 7-0. 7. First Reading of an Ordinance Annexing into the City approximately 183.1 acres of land out of the Wm. Addison Survey and F.A. Hudson Survey, that lies south and west of the current city limits, and north of CR 111, referred to as 2006 Annexation Area 17 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Eason to approve the ordinance on first reading. Approved 7-0, 8. First Reading of an Ordinance Annexing into the City the remaining portions of the San Gabriel Estates Subdivision, including lots 4-13, and lots 16-21, that lies south of Williams Drive, east of the Oak Ridge Subdivision, west of the current city limits, and north of Booty's Crossing Road, totaling approximately 72.3 acres, referred to as 2006 Annexation Area 31 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Eason to approve the ordinance on first reading. Approved 7-0. 9. First Reading of an Ordinance Annexing into the City the remaining portion of a single land parcel, located south of the current city limits and north of Booty's Crossing Road, totaling approximately 61.4 acres from the D. Wright Survey, referred to as 2006 Annexation Area 32 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Speaker, Milton Liese, asked Council to honor their commitment to defer annexation of this tract. Sansing said he concurs. Motion by Sansing, second by Berryman to exclude this particular property from annexation now and in the future until this property voluntarily comes forth for development. There were comments from the Council. Motion by Smith, second by Oliver to amend to remove the language that it will not be annexed until it is brought in for voluntary annexation. There was Council discussion. Yantis said the reason this property was considered is because, last year, the City was annexing property "along Williams Drive." There were further comments and questions from the Council. Vote on the amendment: Approved 4-3. (Carr, Eason and Snell opposed) Vote on the original motion as amended: Approved 4-3. (Snell, Carr and Eason opposed) 10. First Reading of an Ordinance Annexing into the City approximately 1.9 acres of land being Block A, Lot 1 of the Buzzard Branch Subdivision; and approximately 6.7 acres of ROW of Booty's Crossing Road, extending from the current city limits west for approximately 3,555 feet, referred to as 2006 Annexation Area 33 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek noted that this ordinance will need to be adjusted since the Liese tract has been removed. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Berryman, second by Carr to amend the ordinance to remove the portion south of the Liese tract. Approved 7-0, 11. First Reading of an Ordinance Annexing into the City approximately 190.2 acres consisting of various tracts of land owned by the United States Army Corps of Engineers adjacent to Lake Georgetown, containing portions of Russell Park and Jim Hogg Park, referred to as 2006 Annexation Area 34 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Smith to approve the ordinance on first reading. Approved 7-0. 12. First Reading of an Ordinance Annexing into the City approximately 412.7 acres consisting of a portion of parcel of land owned by the United States Army Corps of Engineers adjacent to Lake Georgetown, which is the western portion of the Corps of Engineers property, referred to as 2006 Annexation Area 35 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner City Council Meeting Minutes/November 14, 2006 Pagel 0 of 13 Pages Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Berryman to approve the ordinance on first reading. Approved 7-0, 13. First Reading of an Ordinance Annexing into the City approximately 64.0 acres of land out of the A. Flores Survey and D. Wright Survey, that lies north and west of IH 35, east of Airport Road, and south of Lakeway Drive; and approximately 3.3 acres of ROW of Lakeway Drive from Airport road east to IH 35, referred to as 2006 Annexation Area 39 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. City Motion by Carr, second second by by Smith to approve the ordinance on first reading. Approved 7=0. 14. First Reading of an Ordinance Annexing into the City all lots within the Airport Industrial Park Subdivision and approximately 1.8 acres of ROW for Halmar CV, and approximately 20.3 acres in the D. Wright Survey, referred to as 2006 Annexation Area 40 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Sansing to approve the ordinance on first reading. Approved 7-0, 15. First Reading of an Ordinance Annexing into the City approximately 380.9 acres of land out of the J. Berry Survey and D. Wright Survey, that lies north of Lakeway Drive, east of Airport Road, south of the current city limits and west of IH 35, referred to as 2006 Annexation Area 41 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Oliver to approve the ordinance on first reading. Approved 7-0. 16. First Reading of an Ordinance Annexing into the City 130.5 acres of land out of the Wm. Roberts Survey, that lies north of the Berry Creek Subdivision and west of SH 195, referred to as 2006 Annexation Area 44 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Eason to approve the ordinance on first reading. Approved 7ft0. 17. First Reading of an Ordinance Annexing into the City approximately 624.5 acres of land out of the Wm. Roberts Survey and J. Berry Survey, that lies north and west of IH 35, north and east of SH 195 and south of CR 143; and including approximately 22.8 acres of SH 195 ROW extending from IH 35 northwest approximately 9,700 ft, and approximately 121.6 acres of IH 35 ROW extending from the current city limits at Berry Creek north approximately 8,250 ft, referred to as 2006 Annexation Area 45 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Speaker, Scott R. Wood, told Council his home is behind the Berry Creek Cemetery. He said he understands why the City is trying to annex to control, but he doesn't think it's necessary to follow a "blanket" annexation procedure. He said he thinks it's strange that some Councilmembers are in favor of people having the right to smoke, but don't believe that people have the right to consider the use of their own property. He said the LCRA power line goes through each one of the pieces of property in this annexation area. He asked that his property be excluded this year. Motion by Carr, second by Smith to approve the ordinance on first reading. Motion by Sansing, second by Berryman to amend to exclude that particular parcel from the area. Denied 5-2 (Eason, Smith, Carr, Oliver, Snell opposed) dote on the original motion: Approved 7-0. 18. First Reading of an Ordinance Annexing into the City approximately 533.8 acres of land out of the A. Manchaca Survey and Wm. Roberts Survey, that lies west of IH -35 and south and east of CR 143; also including approximately 87.4 acres of IH -35 ROW extending south of the CR 143 overpass approximately City Council Meeting Minutes/November 14, 2006 Page 11 of 13 Pages 8,750 ft, referred to as 2006 Annexation Area 46 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Speaker, Louise Irvine Bradford, told Council her family doesn't want to be annexed and has no use for the services to be provided by the City. She said she and her sister have been to these meetings three times and have spent many hours and still don't have their qustions answered. Motion by Carr, second by Oliver. Approved 6-1. (Sansing opposed) 19. First Reading of an Ordinance Annexing into the City approximately 67.9 acres of land out of the J. Berry Survey, that lies East of SH 130, south of CR 152, and north of the current city limits along Berry Creek, referred to as 2006 Annexation Area 47 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Snell, second by Charter. Motion first reading. Approved 7-0. by Smith, second by Carr to approve the ordinance on first reading. Approved 7-0. 20. First Reading of an Ordinance Annexing into the City approximately 1,008.3 acres of land out of the W. Stubblefield Survey, that lies south of SH 29, east of SH 130, and west of CR 104, extending south approximately 10,750 feet from the Intersection of SH 29 and SH 130; and approximately 135.4 acre portion of ROW, including SH 130 extending from SH 29 south approximately 10,750 feet, and CR 104 extending from SH 130 north and east approximately 2,990 feet, referred to as 2006 Annexation Area 48 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Snell, second by Smith to approve the ordinance on first reading. Approved 7-0. 21. First Reading of an Ordinance Annexing into the City the remaining portion of a single land parcel, located south of CR 111, east of the current city limits along the MoKan corridor, and north of the current ETJ, totaling approximately 66.4 acres; and approximately 3.1 acres of ROW for CR 111 extending from the current city limits east approximately 2,060 ft., referred to as 2006 Annexation Area 49. -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek explained that the City has been trying to set a meeting with Round Rock regarding an ETJ agreement or service agreements. He gave Council the choice as to whether to go forward with the first reading or wait until after the meeting with Round Rock, since the area may be removed from the annexations for 2006. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Berryman, second by Sansing to exclude this area from annexation. It was determined that the second reading could be handled in January and still be a part of the annexations if that is intended. Berryman removed her motion. Motion by Sansing, second by Berryman to approve this ordinance on first reading. Approved 7-0. 22. First Reading of an Ordinance Annexing into the City approximately 204.5 acres of land out of the J. Mott Survey, B.C. Low Survey, J. Robertson Survey, Wm. Addison Survey, F.A. Hudson Survey, and J.S. Patterson Survey, that lies east of FM 1460, west of the current city limits along the MoKan corridor, and north of the current ETJ; and approximately 11.8 acres of ROW for FM 1460 extending from the current ETJ limit north approximately 3,270 ft, and CR 111 from FM 1460 east approximately 3,750 feet to the current city limits, referred to as 2006 Annexation Area 50. -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Carr to approve the ordinance on first reading. Approved 7-0. AA !Voluntary Annexation First Readings 1. First Reading of an Ordinance Annexing into the City 55.16 acres, more or less, in the William Addison Survey and Lewis P. Dyches Survey, for Inner Loop, SE, from Austin Avenue east and north to approximately 400 feet south of Belmont Drive -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner City Council Meeting Minutes/November 14, 2006 Page 12 of 13 Pages Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second second by Eason to approve the ordinance on first reading. Approved by Eason to approve the ordinance on first reading. Approved 7-0, 2. First Reading of an Ordinance Annexing into the City 0.26 acres, more or less, in Lewis P. Dyches Survey, located south of SE Inner Loop for, DEB Longhorn LLP and Longhorn Junction LLP utility easement -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Eason to approve the ordinance on first reading. Approved 7-0. 3. First Reading of an Ordinance Annexing into the City 51.50 acres, more of less, in the Lewis P. Dyches Survey, located southwest of FM 1460 and Georgetown Inner Loop, for a portion of the Long Junction Red Tract -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek noted that this is the CitiBank site. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Carr to approve the ordinance on first reading. Approved 7-0. 4. First Reading of an Ordinance Annexing into the City 115.83 acres, more of less, in the William Addison Survey and Woodruff Stubblefield Survey, located north of CR 104 at the intersection of SH 130, for Presbyterian Farm -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Oliver to approve the ordinance on first reading. Approved 7-0. The meeting was adjourned at 09:55 PM. City Council Meeting Minutes/November 14, 2006 Page 13 of 13 Pages Attest *Z. Attest: City Secretary Sandra Lee Meeting Date Agent m No. STATE OF TEXAS ) } CONFLICT OF INTEREST AFFIDAVIT COUNT' OF VWILLIAMSON } I, C reside at 161' ` , sf �/ "!" 6;�L I am a member of the t 66t&n c t,- (City Council or name of City board, committee or commission)of the City of Georgetown, and I hereby make this affidavit and on my oath state the following: "I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. "I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable). A. "Substantial Interest" I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity. I or a person related to me in the first or second degree have an ownership of $15,000 or more of the fair market value or legal of the business entity. market value of I or a person related to me in the first or second degree received funds from the business entity in excess of 10% of my/his/her gross income for the previous year. I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. B. "Economic Interest" I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. C. ,Other" For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason)r" ,_' r 1 % f. j ti `.l t'-f.e.;'Th�'t.� t`_.s.t1 f ;`l "Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation, discussion and voting involving the matter identified in the above -referenced agend 'item wh tsoever. Further, Affiant sayeth not." ; , / fy / Affiant's Signature./ Printed Name: Date: /I rll`i BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN TO AND SUBSCRIBED before me on this day of ( 200 • `� SANDRA D. LEE � f� "=RY COMMISSION EXPIRES otaN ry public in and for the State of Texas Y' January 3,2Q10 County of Williamson THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING. IF AFFIANT HAS CHECKED ANY OF THE ITEMS UNDER SECTION "A" RELATING TO "SUBSTANTIAL INTEREST," A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARY FOR THE CITY OF GEORGETOWN. Conflict of Interest Affidavit Rev. 8/25/2004 The City Council of the City of Georgetown, Texas, met in Regular Session on the above •.`- with Mayor• presiding. Council Present. Patty Eason, Gabe Sansing, Doug Smith, Henry Carr, 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; Mike Mayben, Energy Services Manager; Bobby Ray, Planning Director; Micki Rundell, Director of Finance and Administration; Glenn Dishong, Water Services Manager; Ed Polasek, Principal Long -Range Planner; Keith Hutchinson, Public Information Officer; David Munk, Development Engineer; Jordan Maddox, Current Planner; Melissa McCollum, Current Planner; Leticia Zavala, Acting Controller; Mark Thomas. Economic Development Director •, a• '-111pill1i•I I I I I•�1r$Trq-f1 • Ni A Rail District Presentation President of the Corridor Council, Ross Milloy, told Council they are not here to ask for money, but to ask Council to consider the project during long-term planning. He said the engineering and economic studies that were done have determined that this is feasible. He said the population has increased in every county of the Corridor, and in order to meet the demand between Austin and San Antonio, IH35 would need to expand to 16 lanes. He said the rail line is needed as a safety issue, because IH35 is the deadliest highway in the United States. He said at least 100 people are killed per year on IH35 from San Antonio to Georgetown. Cliff Davis gave a brief review of commuter rail. He said it runs on its own track, and shares right of way with freight railroad. He noted that it would operate between 6:00 a.m. to 11:00 p.m. He said this project is expected to provide a reliable travel alternative, saying it was created by the legislature, but has no dedicated revenue source. Davis said they are considering a flexible location for a rail hub in Georgetown at Inner Loop and Maple. He introduced Craig Hoshishima, who spoke to Council regarding the funding strategy, assuming that 50% of the capitol cost would be funded by the State, with the balance to be funded by local participants. Davis noted that Councilmember Eason has done a fine job representing Georgetown on the Board. He noted that Georgetown has become involved, but Round Rock has not; saying Comal County and New Braunfels are also members, and Hays County is expected to join soon. Milloy noted that Eason has not missed a single meeting. He said the system will start with local and state money and then appeal to the Federal Government for maintenance of the system. There were questions and discussion. City Council Meeting Minutes/November 13, 2006 Page 1 of 2 Pages Yantis said there would be many positive long-term implications for the City. He said there are four major components (individual agreements): (1) a Development Agreement that relates to the ABG Subdivision (west of IH35, between SH29 and Leander Rd), and establishes land use for the area; (2) an Off-site Utility Reimbursemnt Agreement; (3) a Tri -party Agreement to rearrange an agreement with Harvard Investments for the Shadow Canyon development; and (4) an Amendment to the Escalera Ranch Development Agreement. There were questions from the Council. Smith said the GUS Board was favorable to the oversizing of the utility lines. Yantis introduced Walt Busby and Marcos Moreno, the developers. 5:24 p.m. -- recessed to Executive Session Executive Session 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. C 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 -Transamerican Underground vs. Arch Insurance Co., C. C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - Application by MUD 19 for a Sewer Utility Certificate of Convenience and Necessity - Stanford v. City of Georgetown , Cause No. 06-634-C26, filed in the 26th Judicial District of Williamson County, Texas - Consideration and possible action concerning right-of-way and easement acquisition from Lloyd D. Trainer in connection with the SH 29 West widening project - Issues related to wastewater service for Berry Creek Subdivision, Section 1 D Sec. 551.086: Competitive Matters - Consideration and possible action related to the City of Georgetown Energy Services Department marketing for renewable programs and surge protection program and electric rate ordinance updates -- Mike Mayben, Energy Services Manager, Jim Briggs, Assistant City Manager for Utility Operations 6:06 p.m. -- returned to Open Session and adjourned The meeting was adjourned at 06:06 Pi 1 City Council Meeting Minutes/November 13, 2006 Page 2 of 2 Pages City Secretary Sandra