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HomeMy WebLinkAboutMIN 10.24.2006 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present. Patty Eason, Gabe Sansing, Doug Smith, Henry Carr, Pat Berryman, Farley Snell, Ben Oliver Council Absent.X All Council present. 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; David Morgan, Police Chief; Bobby Ray, Planning Director; Marsha Iwers, Purchasing Manager; Eric Lashley, Library Director; Terry Jones, Support Services Construction Manager; Ed Polasek, Principal Long -Range Planner; Glenn Dishong, Water Services Manager; Mike Mayben, Energy Services Director; Melissa McCollum, Current Planner; Carla Benton, Current Planner; Kathy Ragsdale, Utility Office Director; Kimberly Garrett, Parks and Recreation Director; Rebecca Rowe, Historic District Planner; Keith Hutchinson, Public Information Officer 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 to approve Agreed Orders issued by the Texas Commission on Environmental Quality in Docket No. 2004 -0409 -PST -E and Docket No. 2004 -1746 -MWD -E. - Discussion and possible action relating to zoning and other permit approvals for GISD - Consideration and possible action concerning the acquisition of 5.107 acres from Bobby Ray Guthrie, Trustee, for future City electric department operations and warehouse, a public use, including consideration and possible action on a Resolution authorizing condemnation. B Sec 551.072: Deliberations about ileal Property - Consideration and possible action concerning the acquisition of 5.107 acres from Bobby Ray Guthrie, Trustee, for future City electric department operations and warehouse, a public use, including consideration and possible action on a Resolution authorizing condemnation. C 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 City Council Meeting Minutes/October 24, 2006 Page 1 of 18 Pages D Sec.551.087: Deliberations 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 ®1'e begin no earlier than 06.00 PIVI (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.) E Call to Order Mayor Nelon called the meeting to order at 6:00 p.m. F Pledge of Allegiance Mayor Nelon led the Pledge. G Comments from the dais - Welcome to Audience and Opening Comments - Review of procedure for addressing the City Council Mayor Nelon welcomed the audience and reviewed the Council Meeting procedures. - Announcement of two vacancies on the Main Street Advisory Board Mayor Nelon announced the two vacancies. Presentation of Arts and Culture Board Certificate of Excellence to the Healing Arts Gallery at Georgetown Hospital Mayor Nelon and Dr. Paul Gaffney presented the Certificate to Carol Wilbur of the St. David's Georgetown Hospital. H Announcements and Comments from City Manager Brandenburg made the following announcements: 1) The City of Georgetown will hold an election to reauthorize the City's '/4 cent street maintenance sales tax on Tuesday, November 7, 2006. Early voting began on Monday, October 23 and will end on Friday, November 3. Please refer to the City's website at www..qeorgetown.org for early voting times and locations. The 12th Annual Haunted Hayride & Carnival will be held on Thursday, October 26, 2006 from 6-9 p.m. at the Georgetown Recreation Center. Please contact the Georgetown Parks & Recreation Department at 930-3595 for more information. Public Wishing to Address Council - Sandra Taylor from Pedernales Electric (PEC) regarding an update on the Cooperative's activities in the Georgetown area. Ms. Taylor delivered a check for the franchise payment of $20,197.56, and invited high school students in the PEC service area to enter the essay and speech contest sponsored by PEC. She said PEG is doing a comprehensive investigation of feeder lines exiting the substations to increase reliability for the members. - Keith Peshak regarding "You can't get a fair trial in Georgetown Municipal Court, or in Williamson County Court, and neither state or federal law will protect you in Georgetown." Peshak spoke about crime and law in Georgetown, particularly regarding mopeds, and gave his opinion of the City Police Department and Municipal Court. J Action from Executive Session Motion by Smith, second by Carr that the City Council authorize the Mayor to execute the Agreed Orders in the two pending TCEQ cases: Docket No. 2004 -1746 -MWD -E and Docket No.2004-0409-PST-E. Approved 5-0. (Sansing and Berryman absent) Motion by Smith, second by Eason that the City Council authorize the Mayor to sign a Purchase Agreement with Bobby Ray Guthrie, Trustee for the acquisition of approximately 5.1704 acres of land out of the Clement Stubblefield Survey, A-558, situated in Williamson County, Texas, for public purposes, for the purchase price offered by the seller on October 6, 2006, plus closing costs, and to take all other actions City Council Meeting Minutes/October 24, 2006 Page 2 of 18 Pages necessary to acquire the property as described therein. Approved 5-0. (Sansing and Berryman absent) 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. K Consideration and possible action to approve the minutes of the Council Workshop on Monday, October 9, and the Council Meeting on Tuesday, October 10, 2006 -- Sandra D. Lee, City Secretary Eason asked that two words be added for clarification on page 7, third paragraph under Item CC -3 in the minutes of Tuesday, October 10, 2006. L Consideration of approval for the purchase of a Toro Groundsmaster from Professional Turf Products of San Antonio, Texas through the Texas Local Government Cooperative contract in the amount of $43,644.97 – Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration M Consideration of award of the annual bid for Oil Change Services to Mac Haik of Georgetown, Texas in the estimated amount of $26,300.00 – Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration N Consideration and possible action to approve a financial agreement between the City of Georgetown and the Georgetown Library Foundation, a Texas nonprofit corporation -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services O Consider authorizing the purchase of an audio sound system for the Community Center from Ford Audio -Video Systems, Inc. through the Texas Building and Procurement Commission contracts in the amount of $30,648.41-- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance & Administration P Consideration and possible action on a Preliminary Plat for 28.7 acres in the William Addison Survey, A-021, to be known as University Corner, Phase 1, located at the northwest corner of SH -29 and Inner Loop —Jennifer C. Bills, Planner I, and Bobby Ray, AICP, Director of Planning and Development Services Motion by Carr, second by Oliver to approve the Consent Agenda with the correction to the minutes. Approved 5-0. (Sansing and Berryman absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: Councilmember Sansing arrived on the dais. Q Discussion and possible action to direct staff regarding the proposed revised draft of Chapter 8.32 of the Code of Ordinances of the City of Georgetown relating to "Smoking in Public Places" -- Paul E. Brandenburg, City Manager Brandenburg noted that the current ordinance was adopted in 1990 and modified in 1994. He said a review of the ordinance came to the Council's attention in April regarding a request for smoking at a bingo hall. He said that request was denied, and Council requested further discussion. He noted that a public meeting was held on June 1, and Council held a workshop on June 25, and a public discussion on June 26. He said smoking ordinances from other cities were reviewed, and staff was asked to research the current language regarding school districts and hospitals, benevolent societies, restaurants, motels and hotels, bars and cocktail lounges, and ordinance enforcement. He described the changes being proposed in each section, beginning with definitions. He reviewed the section titled "Exemptions." He noted that with Council's input tonight, staff would bring back an ordinance for their consideration at a future meeting. Motion by Smith, second by Carr to approve going forward with the ordinance as written. Speaker, Dr. Ed Sherwood, told Council he is a physician, and is appointed as the Health Authority for Williamson County and for the Williamson County and Cities Health District. He said he was speaking on behalf of all residents of Georgetown, smokers and non-smokers alike. He said the Centers for Disease Control says City Council Meeting Minutes/October 24, 2006 Page 3 of 18 Pages there are over 400,000 deaths each year caused by smoking. He said tobacco is a more difficult addictive substance than alcohol or drugs, saying only 6% of people who wish to quit smoking are successful. He quoted many statistics. Speaker, Bill Fischer, told Council he operates the Office Lounge. He thanked the City Manager and staff for conveying the thoughts from the public meetings and providing notification of the process. He said his customers are concerned that they will not be able to continue smoking at the lounge. Speaker, Jim Locke, speaking for the Elks' Lodge, told Council he takes exception to paragraph F on page 4. He said the Elk's Club runs a moderately successful bingo operation and all the proceeds go to charity. He said the average age of the bingo players is 65+ years and the majority of them smoke and will not come if they cannot smoke. Speaker, Judy Pouncey, speaking on behalf of Smoke -Free Georgetown, which includes the American Cancer Society, American Lung Association, American Heart Association, and the Georgetown PTA, told Council they are working to educate and promote the cause of a smoke-free Georgetown. She said their greatest concern is the ventilaiton component, saying there is not much evidence that it works. She noted that her email and letter contain the specifics on that issue. Speaker, Kendall Young, with additional time from Frances Young, told Council he is a biochemist by training, holds a PHD, and is board certified in clinical chemistry. He said he has researched cancer and worked on the heart/lung machine, He said the employer is responsible for protecting the environment for his employees. He urged Council not to allow exceptions to a complete smoking ban. Speaker, Sherri Babcock, said it has been 20 years since she last smoked and admitted that smoking is very addictive, saying she is now 10 years cancer free. She said she is opposed to paragraphs B and D, saying that is compromise. She said there will be large investments in special ventilation systems that will not work. Snell said the purpose of his proposed revisions is to prohibit smoking in any future bar areas within restaurants and bars or cocktail lounges, while exempting any current and complying establishments. Motion by Snell, second by Sansing to amend to instruct staff to amend the draft smoking ordinance to clarify the difference between "bar" or "cocktail lounge" and "areas within a restaurant designated as bar areas," to grant exemptions to those establishments in operation at the effective date of the ordinance, and prohibit smoking in any future bar or cocktail lounge and bar areas within restaurants; with amendments to the wording of the current draft ordinance as follows: (1) under Sec. 8.32.010. Definitions, add: "and that has its own entrance from the outside, does not share an entrance with a restaurant or other establshment, and does not have a door or access to a restaurant or other establishment;" (2) under Sec. 8.32.020. Prohibitions, add: "18. Bars or cocktail lounges, except where exempted below in Sec. 8.32.030;" (3) having to do with the bar areas within the restaurants, under Sec. 8.32.030. Exemptions, at paragraph B, add: "in operation on the effective date of this ordinance, if the bar area has or will have within 180 days of the effective date of this ordinance, the following characteristics:" and (4) under Sec. 8.32.030 Exemptions, at paragraph C, add: "Subject to the limitations on exempt status which follow, bars or cocktail lounges, as defined in Sec. 8.32.010, that were in operation on the effective date of this ordinance with a permit from the Texas Alcoholic Beverage Commission to sell beer, wine, and mixed alcoholic beverages on premises by the drink without the requirement to also serve food. However, the right to exempt status under this subsection C and subsection B above shall cease and the affected establishment shall comply with the provisions of this Code under any of the following circumstances: L Whenever the bar area, bar or cocktail lounge is vacated, abandoned, is closed for business, or ceases to meet the definition of bar or cocktail lounge set forth in Sec. 8.32.010 above, any of which continues for a period of more than thirty continuous days; ii. Whenever the the structure in which the bar area, bar or cocktail lounge is housed, operated or maintained is damaged by natural, intentional or accidental causes to the extent of more than fifty percent (50%) of the value of the structure on the date of the damage; iii. Whenever the enclosed area of the structure in which the bar area, bar or cocktail lounge operates is expanded by more than twenty-five percent (25%) of its original size by the owner or operator; iv. Whenever there is a change of location of the bar area, bar or cocktail lounge," saying some of this information was added at the suggestion of City legal counsel when asked to review. Snell said these exemptions are based on the fact that these establishments have significant financial commitments and an established clientele. Carr asked for clarification, saying it sounded like to him that Snell's motion was creating two kinds of bars, ones that exist today and ones that will exist in the future. Snell responded that the intent of his motion is to indicate City Council Meeting Minutes/October 24, 2006 Page 4 of 18 Pages that smoking would be prohibited in both kinds of bars in the future, but is, in effect, grandfathering existing bars. Sansing asked if the negative pressure ventilation requirement on Section D on page 6 could be removed. It was determined them. that the vote on Snell's amendment should be taken before further changes. There was much discussion regarding Snell's amendment, including explanation from Carls regarding exemptions and grandfathering. Eason clarified that Snell's amendment exempts the one Office Lounge bar, and if the three restauratants can comply and retrofit, they would come under the exemption; and all future bars would be non-smoking, and all future restaurants, with bars or not, would be non-smoking. iiiiiililiiiiiilli Jill Nelon suggested to Sansing that he work on the wording for the ventilation systems and work with the staff to bring that wording back for the first reading, along with adding the word, "lit," in the definition of smoking after the word "holding." Carr questioned why Council is creating enforcement issues for one bar and three restaurants. Snell said it is his opinion that the current businesses have an economic impact with non-smoking. Eason and Oliver indicated they thought there were not enough votes on the Council that would support a total ban, so that is the only reason they are supporting the motion by Snell. Oliver said this amendment gets the Council a long way, but not all the way toward what he wishes it would be. Smith said he thinks the restaurants will not go to the expense to put in the separate ventilation systems and therefore, there will be no economic impact on them. Smith and Sansing took exception to the private club exemption. Smith asked about weddings. There was further discussion regarding private club exemptions. There was confusion as to whether "guests" are considered to be the same as "members" or "public." Motion by Sansing to amend to strike Paragraph F regarding exempting non-profit private clubs. There was no second to the motion. Motion by Eason, second by Smith to eliminate Item A, on page 3. Approved 6-0. (Berryman absent) Brandenburg said he will also clarify the language regarding Sec. 8.32.020 Prohibitions. He said, regarding number 7. Public Places, the new library will have an outside coffee area where people can sit and drink coffee and read. Carts said also that the enforcement language needs to be cleaned up regarding intentional or unintentional crime. R Consideration and possible action regarding suggested Unified Development Code (UDC) Amendments for inclusion in the 2006-2007 UDC amendment process -- Bobby Ray, AICP, Director of Planning and Development Services Councilmember Berryman arrived on the dais. Ray explained the item and noted that the Planning and Zoning Commission approved the list as presented. He said there will be two public workshops in March next year, and Planning and Zoning Commission and City Council hearings will begin in April. There were questions and comments from the Council. Motion by Carr, second by Oliver to approve the list as presented. Approved 6-1. (Sansing opposed) S Consideration and possible action to approve a resolution authorizing a land swap between the City and 4T -LFT for properties necessary for the construction of the downtown Main Street water quality pond.-- Tom Yantis, Assistant City Manager Yantis explained the item. Motion by Snell, second by Eason to approve the resolution. Sansing asked and there was discussion regarding the relocation or abandonment of the sewer line. Approved 7-0. T Consideration and possible action to authorize staff to reduce or waive certain permit and inspection fees for current or proposed projects, within the City's jurisdiction, by governmental entities including the Georgetown City Council Meeting Minutes/October 24, 2006 Page 5 of 18 Pages Independent School District and Williamson County; and to authorize staff to begin negotiations with the Georgetown Independent School District on an interlocal agreement regarding the development review and permitting process for School District projects -- Tom Yantis, Assistant City Manager Yantis explained the item and gave a brief background of recent discussions with the school district. He said in reviewing the fees for the new Ninth Grade Center on SH29, and the same request from Williamson County, he has determined that other cities typically waive fees for other governmental jurisdictions. He said an ordinance in 1991 says that Council must approve any waivers of fees, so he asked for Council's direction and authorization for negotiation on an interlocal agreement with the school district. He clarified that this pertains to permit fees, not water/wastewater impact fees, but Council has that prerogative. Sansing said the City still has a cost for the expenses, but he said he thinks anything beyond that would be "double-dipping." He also said he wanted to go on record as being against the proposed location of the new football stadium. Smith asked and Brandenburg responded that permit fees do actually represent recovery of costs that the City incurs, but could be good "partners," with maybe a 50% reduction in certain permit inspection fees. Smith said if the City is incurring costs that benefit all the taxpayers of the County, then the City is subsidizing the residents of the County; and those residents of the City who five in the Jarrell School District would be subsidizing the Georgetown School District. Motion by Smith, second by Carr to retain current council policy and not waive inspection fees. Approved 4-3. (Sansing, Berryman and Oliver opposed) Motion by Snell, second by Eason to proceed with the interlocal agreement. Approved 6-1. (Sansing opposed) U Items Forwarded from the Georgetown Utility System (GUS) Board 1. Consideration and possible action to grant a Water Services Agreement between the City, Parkside at Mayfield Ranch, Ltd., and Parkside at Mayfield Ranch Municipal Utility District -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying this MUD is within the City's water CCN and the Round Rock ETJ. He said the GUS Board recommends approval. Motion by Smith, second by Carr to approve the agreement. Approved 7-0. 2. Consideration and possible action to amend the Water Services Agreement between the City, The Highlands at Mayfield Ranch, Ltd., and Highlands at Mayfield Ranch Municipal Utility District -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying when the agreement was executed, it was anticipated that the MUD would build a storage tank, but it has been determined that it would be better if they participated in the construction of the Escalera tank. Motion by Oliver, second by Smith to approve the agreement. Approved 7-0. 3. Consideration and possible action to approve a contract amendment between the City of Georgetown and Camp, Dresser, and McKee, Inc. for professional services related to the design of the South Fork Wastewater Interceptor for $101,015.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying a similar item was brought to Council to provide for engineering for the first part of this interceptor; and since that time, the size has increased and the routing has changed, so the City is redoing the sizing of the line. Motion by Smith, second by Eason to approve the contract. Approved 7-0, V Second Readings 1. Second Reading of an Ordinance amending Chapter 10.04 of the Code of Ordinances of the City of Georgetown pertaining to riding of bicycles, mopeds, electric bicycles, pocket bikes or minimotor bikes, motor assisted scooters, and neighborhood electric vehicles to establish restrictions on the locations and manner of the use and operation of such vehicles, provide definitions, and establishing parental liability for child's unlawful use and operation of such vehicles, and providing fines and penalties -- David Morgan, Chief of Police and Paul E. Brandenburg, City Manager Morgan read the caption only of the ordinance on second reading. Brandenburg explained the purpose of City Council Meeting Minutes/October 24, 2006 Page 6 of 18 Pages the ordinance and noted the ordinance now further defines some of the vocabulary. Speaker, Dan Arnold, asked Council to consider the use of certain vehicles by those older than teenagers. He used for an example that a person couldn't use one of these vehicles to get from the City Council Chamber to WalMart. Morgan noted in the proposed ordinance an adult can go up to 35 mph and children are restricted to 30 mph. There was lengthy discussion regarding the types of vehicles and their use. Motion by Sansing, second by Eason to approve the ordinance as presented with the exception that motor -assisted scooters not be allowed on public streets. Ordinance 2006-103 approved 4-2. (Berryman and Oliver opposed)(Carr off the dais.) 2. Second Reading of an ordinance designating a contiguous geographic area within the City of Georgetown, consisting of approximately 85(+/-) acres in size, approximately three quarters of a mile along the southbound frontage road of Interstate 35, between Northwest Boulevard on the north end and the north fork of the San Gabriel River on the south, for tax increment financing purposes pursuant to Chapter 311 of the Texas Tax Code; and creating a Board of Directors for such zone — Tom Yantis, Assistant City Manager Yantis read the caption only of the ordinance on second reading. Motion by Snell, second by Eason to approve Ordinance 2006-104. Approved 7-0. 3. Second Reading of an Ordinance to amend the Comprehensive Plan Amendment to change the Intensity Level from Levels 2 and 3 to Level 4 for 125.04 acres in the William Addison Survey, Abstract 21, and the Francis A. Hudson Survey, Abstract 295, also to be known as La Conterra Subdivision, located west of the extension of Maple Street and south of Inner Loop — Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services McCollum read only the caption of the ordinance on second reading. Motion by Carr, second by Eason to approve Ordinance 2006-105. Approved 7-0. 4. Second Reading of an Ordinance Rezoning from AG, Agricultural district to RS, Residential single-family district, for 125.04 acres in the William Addison Survey, A-021, and Francis A. Hudson Survey, A-295, to be known as La Conterra Subdivision, located west of the extension of Maple Street and south of Inner Loop -- Melissa McCollum, AICP, Planner 11 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 Eason to approve Ordinance 2006-106. Approved 7-0. 5. Second Reading of an Ordinance Rezoning from AG, Agriculture district to PUD, Planned Unit Development district, 145.5779 acres out of Wm. Roberts Survey, Abstract 524, and Joseph Fish Survey, Abstract 232, to be known as Planned Unit Development of Georgetown Village, Section Nine, located south of Shell Road east of Sections 7 and 8 -- Bobby Ray, AICP, Director of Planning and Development Ray read only the caption of the ordinance on second reading. Motion by Carr, second by Oliver to approve Ordinance 2006-107. Approved 7-0, W Consideration and possible action on a Public Review Final Plat of 129.52 acres in the Joseph Fish and William Roberts Surveys, to be known as Georgetown Village Planned Unit Development, Section Nine, located along south side of Shell Road -- Carla J. Benton, Planner II and Bobby Ray, AICP, Director of Planning and Development Services Benton explained the item, saying this is being developed under a Concept Plan, for 371 single-family lots, with open space and greenspace and a roundabout with a gazebo to reflect the standards and design of Georgetown Village. She said the Planning and Zoning Commission had voted 7-0 to approve. Motion by Eason, second by Carr to approve the plat. Approved 74 8:05 p.m. -- recessed City Council Meeting Minutes/October 24, 2006 Page 7 of 18 Pages 8:20 p.m. -- returned to Open Session X Public Hearings/First Readings 1. First Reading of an Ordinance amending Chapter 13.40 of The Code Of Ordinances relating to "Utility Rates and Charges," 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 — Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance and Administration Ragsdale explained that this ordinance adds riders for wind power and residential distributed generation and she clarified other language in the ordinance. 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 on first reading. Motion by Smith, second by Sansing to amend the portion regarding solar energy return to the City with the price that the City pays to be the same as the City charges for electricity going to the solar energy producer. Aprpoved 4-3. (Eason, Snell, Oliver opposed) Vote on the motion as amended: Approved 7-0. 2. First Reading of an Ordinance designating a contiguous geographic 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, Texas, being a portion of a 120.3 acre tract conveyed to Olivert Brabandt in Vol, 395, Page 620 of the Williamson County Texas Official Records, as a reinvestment zone for property tax abatement purposes pursuant to Chapter 312 of the Texas Tax Code; conditioned on annexation of the property into the city limits — Mark Thomas, Economic Development Director and Patricia E. Carls, City Attorney Carls read the caption of the ordinance 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. 3. First 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); providing for the terms and conditions of such abandonment; providing a conflict and severability clause and establishing an effective date -- Jim Briggs, Assistant City Manager for Utility Operations Briggs explained the item and read the entire ordinance. Motion by Oliver, second by Eason to approve the ordinance on first reading. Approved 7-0. 4. First 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, saying Pecan Trail was platted as a street but was never built. She said the developer has requested that the stub -out be closed, and has agreed that the road can be used for pedestrian and emergency use. She read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Berryman to approve the ordinance on first reading. Approved 7-0. 5. Public Hearing and First 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, AICP, Planner 11 and Bobby Ray, AICP, Director of Planning and Development Services McCollum explained the item, saying this will be a cluster development. She said staff and the Planning and Zoning Commission have recommended approval. She read only the caption of the ordinance after having satisfied the requirements of the City Charter. The Public Hearing was opened at 8:30 p.m. There were no comments. The Public Hearing was closed at 8:30 p.m. City Council Meeting Minutes/October 24, 2006 Page 8 of 18 Pages Motion by Carr, second by Berryman to approve the ordinance on first reading. Approved 7-0. 6. Public Hearing and First Reading of an Ordinance Rezoning from OF, Office District to MF, Multifamily District for Lots 1-S, Haven Heights and Outlot 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 Services Bills explained the item, saying the zoning is being changed to correct a mapping error. She read only the caption of the ordinance after having satisfied the requirements of the City Charter. The Public Hearing was opened at 8:32 p.m. There were no comments. The Public Hearing was closed at 8:32 p.m. Motion by Smith, second by Carr to approve the ordinance on first reading. Approved 7-0. 7. Public Hearing and First 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 Services Rowe explained the item, saying this site has been vacant for several months although a historic structure was recently moved to the site. She said staff and the Planning and Zoning Commission recommend approval. The Public Hearing was opened at 8:35 p.m. There were no comments. The Public Hearing was closed at 8:35 p.m. Rowe read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Smith, second by Berryman to approve the ordinance on first reading. Rowe said because this property is within the downtown overlay district, it requires a certificate of design compliance with any change to the exterior or structure. Motion by Snell, second by Oliver to approve the ordinance on first reading. (Note to file: No recorded audible action taken on either of these motions. This rezoning was approved at second reading on November 14, 2006. sdl) 8. Public Hearing and First Reading of an Ordinance Rezoning from RS, Residential Single -Family district to MU -DT, Mixed Use Downtown district for Lots 5, 65 & 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 Services Rowe explained the item, saying this item is for a historical structure to be used as an office. She said staff and the Planning and Zoning Commission recommend approval. She read only the caption of the ordinance after having satisfied the requirements of the City Charter. The Public Hearing was opened at 8:39 p.m. There were no comments. The Public Hearing was closed at 8:39 p.m. Motion by Sansing, second by Eason to approve the ordinance on first reading. Approved 7-0. 9. First Reading on an Ordinance for a Comprehensive Plan Amendment to change (1) the Future Land Use from Residential to Residential and Office/Retail/Commercial, (2) the Intensity Level from Level 1 to Levels 3 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 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. 711, 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 explained the item, saying ABG Development is purchasing the remaining portion of the Escalera City Council Meeting Minutes/October 24, 2006 Page 9 of 18 Pages Development and they have acquired additional tracts. He said the total development is approximately 1700 acres. He said the applicant is named San Gabriel Development. He said there wll be open space, along with residential development, commercial and public use. He said staff recommends conditional approval. He noted that there was a workshop held on this item about a month ago. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. Speaker, Steve Metcalfe, of ABG, offered to answer any questions. Motion by Sansing, second by Eason to approve the ordinance on first reading. There were questions and comments from the Council. Vote on the motion: Approved 7-0. 10. First Reading on 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 explained the item, saying the subject property was divided during the SH130 right-of-way acquisition. He said staff is recommending one condition to approval, saying staff would like to see a 15 -foot vegetation strip to protect the appearance as a gateway. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Berryman to approve the ordinance on first reading. Approved 7-0. 11. First 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 Ray explained that this is the ordinance that was directed by Council, and he reviewed the procedures as requested. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Berryman to approve the ordinance on first reading. Snell and Eason noted they would vote against this ordinance. Approved 4-3. (Snell, Oliver and Eason opposed) 12. First reading of an ordinance providing for the abandonment by quitclaim deed of a portion of unopened, unimproved First Street Right of Way between Business 35 (Austin Avenue) and Main Street and a portion of unopened, unimproved Main Street Right of Way between the aforementioned First Street Right of Way and Second Street -- Tom Yantis, Assistant City Manager Yantis noted that this item is the follow-up to the previous item for the land swap. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve on first reading. Approved 7-0. Y Involuntary Annexation Public Hearings Yantis emphasized the provision of City services to the following involuntary annexation areas, and noted the timeframes as allowed by State law. He noted that the service plans were provided on the table at the back of the room. He read the general services to be provided, being: Police Protection; Fire Protection and Emergency Services; Solid Waste Collection; Operation and Maintenance of Water and Wastewater systems in areas not under another Water or Wastewater System; Operation and Maintenance of Streets, Roads and Street Lighting; Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools, not under State or Federal Jurisdiction; Operation and Maintenance of Municipally owned buildings, facilities and services; Library Privileges; Planning and Development Services; Building Permits and Inspections; Animal Control Services; Business Licenses and Regulations; Health and Safety Regulations, Regulations Pertaining to Peace, Morals and Welfare; and Capital Improvements as Water and Wastewater improvements following 4 1/2 years of annexation 1. Public Hearing on the annexation into the City for 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 City Council Meeting Minutes/October 24, 2006 Page 10 of 18 Pages Polasek identified the property to be annexed. He said this area was identified as important as a gateway and growth corridor and to bring the area under City police and fire jurisdiction. He said the service plan is the same as Yantis read at the beginning of this section of the agenda. He said there were no recommended changes to the program sheet from the original notebook. The Public Hearing was opened at 9:09 p.m. There were no comments. The Public Hearing was closed at 9:09 P.M. 2. Public Hearing on the annexation into the City for approximately 28.8 acres of land out of the A. Flores Survey, bound by CR 151, CR 152, and the current City Limits; and approximately 4.0 acres of ROW, including a portion of CR 151 from the Intersection Crystal Knoll Boulevard extending east to CR 152, CR 152 extending from CR 151 south approximately 1,510 feet to the current city limits, East Drive, and Lonnie Thomas Drive, referred to as 2006 Annexation Area 3 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek identified the property to be annexed. He said this area was identified as important as an in -fill annexation, carried over from the 2005 annexation process. He said the service plan is the same as Yantis read at the beginning of this section of the agenda. He noted that this area is In the City's water CCN but has historically received service from Jonah Special Utility District. He said the spreadsheet in the agenda packet shows the current cost to annex, and said there is still no permission from Jonah for the City to provide water to this area at this time. He said the staff recommends holding off on this annexation. The Public Hearing was opened at 9:11 p.m. There were no comments. The Public Hearing was closed at 9:11 p.m. 3. Public Hearing on the annexation into the City for approximately 67.8 acres of land out of the A. Flores Survey, west of the Inner Loop NE, and north of FM 971 and bound by the current city limits; and approximately 4.3 acres of ROW including Haverland Drive, Meda Street, and Freddie Drive, referred to as 2006 Annexation Area 4 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek identified the property to be annexed. He said this area was identified as important as an in -fill annexation, carried over from the 2005 annexation process. He said the service plan is the same as Yantis read at the beginning of this section of the agenda. He noted that this area is serviced by Jonah Special Utility District and contains undersized infrastructure. He said the City doesn't have permission to enter that area for service, and said the staff is requesting that this area not be annexed at this time. The Public Hearing was opened at 9:12 p.m. There were no comments. The Public Hearing was closed at 9:12 p.m. 4. Public Hearing on the annexation into the City for approximately 209.3 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 identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting the Inner Loop NE into the city limits and to reach SH 130. He said the service plan is the same as Yantis read at the beginning of this section of the agenda. He said the staff has no recommended changes to the program sheet from the original notebook. He noted that development is occurring on these properties now, and City Engineer, David Munk is looking into it. The Public Hearing was opened at 9:14 p.m. It was confirmed that this area is also served by Jonah Water. in order to bring all property fronting Public to CR 104 into the city limits. He said the service Hearing was closed at 9:14 p.m. The 5. Public Hearing on the annexation into the City for 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 identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting SH 130 from IH 35 to CR 104 into the city limits. He said the service City Council Meeting Minutes/October 24, 2006 Page 11 of 18 Pages plan is the same as Yantis read at the beginning of this section of the agenda, and said there are no recommended changes to the program sheet from the original notebook. He noted that most of the area is outside of the City's water CCN. The Public Hearing was opened at 9:15 p.m. Speaker, Barry Snook, told Council he owns 25 acres of farm and ranch land on Berry Lane. He said the neighbor to his north and another adjacent property are not being annexed. He said half of his 25 acres is in the flood plain. He said Berry Lane is a private road and will not benefit from City annexation, and said he has Jonah Water. He suggested holding off on annexation of his property until the other properties are annexed. Speaker, Chuck Carroll, representing the Hart family property, said they are in support of the annexation. Yantis noted that Berry Lane is not included in the annexation area and the property is in Jonah's CCN, so the City cannot provide water there. Sansing asked why this property is being annexed. Yantis responded because it is along the SH 130 corridor and annexation is necessary in order to be able to protect the scenic character of the land on both sides of the roadway. There was further discussion, especially regarding the amount of land that could be annexed along SH 130 and regarding water service. The Public Hearing was closed at 9:26 p.m. 6. Public Hearing on the annexation into the City for 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 104, 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 identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting SH 130 from IH 35 to CR 104 into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and there are no recommended changes to the program sheet from the original notebook. He noted that this area is outside of the City's water CCN, and the City is currently negotiating with Jonah. Briggs noted that Jonah is considering that everything west of SH 130 could be served by the City, and Jonah would retain the service area east of SH 130. The Public Hearing was opened at 9:27 p.m. Speaker, Randi Fuller, said the City has a water treatment plant at the end of her street. She said she has a septic system, Jonah Water, and TXU Electric. She said, if annexed, she will be paying city taxes and not receiving sufficient city services. She said she is totally against annexation. Yantis said this is an old subdivision where the City purchased all of the remaining lots for the construction of the Dove Springs Treatment Plant. He said the County has a rule that they don't take over the maintenance of the road unless the subdivision is 60% built out. He said now it can't be built out because the City purchased all of the vacant lots. It was noted that Briggs has a plan to make improvements to the road. The Public Hearing was closed at 9:30 p.m. 7. Public Hearing on the annexation into the City for 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 identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting SE 1 into the city limits and to reach SH 130. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and there are no recommended changes to the program sheet from the original notebook. City Council Meeting Minutes/October 24, 2006 Page 12 of 18 Pages The Public Hearing was opened at 9:31 p.m. There were no comments The Public Hearing was closed at 9:31 p.m. 8. Public Hearing on the annexation into the City for 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 identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting the potential Transit Oriented District and future ASA rail line into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and there are no recommended changes to the program sheet from the original notebook. He said the staff has spoken to the property owners, and they're looking forward to having the additional services. The Public Hearing was opened at 9:32 p.m. There were no comments. The Public Hearing was closed at 9:32 p.m. 9. Public Hearing on the annexation into the City for 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 identified the property to be annexed. He said this area also was identified as a priority for annexation in order to bring all property fronting the potential Transit Oriented District and future ASA rail line into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and there are no recommended changes to the program sheet from the original notebook. He noted that the City has now annexed the Moore Tract as part of the La Conterra Subdivision. He said a developer is looking at several of these properties for additional development. The Public Hearing opened at 9:33 p.m. There were no comments. The Public Hearing was closed at 9:33 p.m. 10. Public Hearing on the annexation into the City for 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 identified the property to be annexed. He said this area was identified as a priority for annexation as an in -fill annexation along the Williams Drive Corridor, carried over from the 2005 annexation process. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and there are no recommended changes to the program sheet from the original notebook. He said there has been quite a bit of contact with several of the property owners or their representatives. He said their interest is to receive the services quicker than the service plan allows. The Public Hearing was opened at 9:34 p.m. There were no comments. The Public Hearing was closed at 9:34 p.m. 11. Public Hearing on the annexation into the City for 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 identified the property to be annexed. He said this area was identified as a priority for annexation as an in -fill annexation along the Williams Drive Corridor, carried over from the 2005 annexation process. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and there are no recommended changes to the program sheet from the original notebook. He noted that this is the Liese tract. The Public Hearing was opened at 9:35 p.m City Council Meeting Minutes/October 24, 2006 Page 13 of 18 Pages Speaker, Milton Liese, said he is opposed to the annexation of their remaining tract. He said they are surrounded on three sides by non -annexed areas. He said they compromised on the annexation of 1001 feet to give the City police and development authority and in exchange, council agreed to defer annexation, but now, Council has changed their mind. He said he and his wife have no plans for development without first applying to the City for annexation. He asked that their homesite be left out of the annexation. Sansing asked that staff apply the same ordinance for the balance of this tract as they did for the prevous balance of the property. He said Council action, at the end of the annexation second readings last year, was to require the staff to bring back all of the dropped -off areas from last year. The Public Hearing was closed at 9:39 p.m. 12. Public Hearing on the annexation into the City for 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 identified the property to be annexed. He said this area was identified as a priority for annexation as an in -fill annexation along the Williams Drive Corridor, carried over from the 2005 annexation process. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and there are no recommended changes to the program sheet from the original notebook. The Public Hearing was opened at 9:40 p.m. There were no comments. The Public Hearing was closed at 9:40 p.m. 13. Public Hearing on the annexation into the City for 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 identified the property to be annexed. He noted that this is Corps of Engineers property and was identified as a priority for annexation in order to bring all the Corps facilities under the City's police jurisdiction, and there are no recommended changes to the program sheet from the original notebook. The Public Hearing was opened at 9:40 p.m. There were no comments. The Public Hearing was closed at 9:40 p.m. 14. Public Hearing on the annexation into the City for 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 Polasek identified the property to be annexed. He noted that this is Corps of Engineers property and was identified as a priority for annexation in order to bring all the Corps facilities under the City's police jurisdiction. He said there are no recommended changes to the program sheet from the original notebook. He said this is the final portion of Corps property. The Public Hearing was opened at 9:41 p.m. There were no comments. The Public Hearing was closed at 9:41 p.m. 15. Public Hearing on the annexation into the City for 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 Polasek identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting the Georgetown Airport, identified as industrial or business park in the Future Land Use Plan, into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and said there are no recommended changes to the program sheet from the original notebook. He noted there have been several discussions with property owners in this area, but he has heard nothing opposing the annexation. City Council Meeting Minutes/October 24, 2006 Page 14 of 18 Pages The Public Hearing was opened at 9:41 p.m. An unidentified man from the audience told the Council he owns Hogg Alley and is building a bar and grill. He said he was curious about the utilities. He was told that upon annexation, water and sewer would be provided to the property. He asked what his next step would be. Polasek said the service plan shows service to the property. Yantis noted that the business is already in the process of building and it was determined that the business will probably already be open and operating before the annexation becomes effective. The Public Hearing was closed at 9:47 p.m. 16. Public Hearing on the annexation into the City for 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 Polasek identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting the Georgetown Airport, identified as industrial or business park in the Future Land Use Plan, into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and said there are no recommended changes to the program sheet from the original notebook. The Public Hearing was opened at 9:48 p.m. There were no comments. The Public Hearing was closed at 9:48 p.m. 17. Public Hearing on the annexation into the City for 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 Polasek identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting the Georgetown Airport, identified as industrial or business park in the Future Land Use Plan, into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and said there are no recommended changes to the program sheet from the original notebook. The Public Hearing was opened at 9:48 p.m. There were no comments. The Public Hearing was closed at 9:48 p.m. 18. Public Hearing on the annexation into the City for 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 Polasek identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting SH 195 between Shell Road and IH 35 into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and said there are no recommended changes to the program sheet from the original notebook. He noted that there is a lot in the service plan that has an existing structure on it, and the City will have to extend the water service with an updated expense of $305,000 instead of $282,000. The Public Hearing was opened at 9:50 p.m. There were no comments. The Public Hearing was closed at 9:50 p.m. 19. Public Hearing on the annexation into the City for 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 City Council Meeting Minutes/October 24, 2006 Page 15 of 18 Pages Polasek identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting SH 195 between Shell Road and IH 35 into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and said there are no recommended changes to the program sheet from the original notebook. He noted that the expenses have increased, one long lot that was identified as commercial, is actually eight legal lots so it is necessary to increase the potential costs for the wastewater CIP. The Public Hearing was opened at 9:52 p.m. There were no comments. The Public Hearing was closed at 9:52 p.m. 20. Public Hearing on the annexation into the City for 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 81750 ft, referred to as 2006 Annexation Area 46 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting IH 35 in the Georgetown Water CCN into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and said there are no recommended changes to the program sheet from the original notebook. The Public Hearing was opened at 9:53 p.m. There were no comments. The Public Hearing was closed at 9:53 p.m. 21. Public Hearing on the annexation into the City for 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 Polasek identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting SH 130 from IH 35 to CR 104 into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and said there are no recommended changes to the program sheet from the original notebook. The Public Hearing was opened at 9:54 p.m. There were no comments. The Public Hearing was closed at 9:54 p.m. 22. Public Hearing on the annexation into the City for 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 Polasek identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting SH 130 from IH 35 to CR 104 into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and said there are no recommended changes to the program sheet from the original notebook. The Public Hearing was opened at 9:55 p.m. There were no comments. The Public Hearing was closed at 9:55 p.m. 23. Public Hearing on the annexation into the City for the remaining portion of a single land parcel, located south of CR 111, east of the current city limits along the Mo Kan 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 identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting the potential Transit Oriented District and future ASA rail line into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and said there are no recommended changes to the program sheet from the original notebook. He City Council Meeting Minutes/October 24, 2006 Page 16 of 18 Pages noted that staff is in the process of setting up a meeting with City of Round Rock. The Public Hearing was opened at 9:56 p.m. There were no comments. The Public Hearing was closed at 9:56 p.m. 24. Public Hearing on the annexation into the City for 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 identified the property to be annexed. He said this area was identified as a priority for annexation in order to bring all property fronting the potential Transit Oriented District and future ASA rail line into the city limits. He said the service plan is the same as Yantis read at the beginning of this section of the agenda, and said there are no recommended changes to the program sheet from the original notebook. He said staff has met with several property owners who were asking for priority for wastewater service. The Public Hearing was opened at 9:57 p.m. There were no comments. The Public Hearing was closed at 9:57 p.m. 25. Consideration and possible action to give staff direction on the 2006 Annexation program -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek asked Council for direction. He said based on the comments during the Public Hearings, he suggests removing Annexation Areas 3 and 4 because they are served by Jonah. Motion by Snell, second by Sansing to instruct staff to proceed with ordinances for involuntary annexation of the properties on the current list while removing Areas 3 and 4. Polasek noted that because all of the field notes will need to be ready at the first reading, it would be useful to know now if any other areas need to be removed. Motion by Sansing, second by Berryman that staff, where possible, look at annexing only the portions of the property that are needed to make the City programs work. Smith said he felt that would be very subjective. Vote on the amendment: Denied 5-2. * (Eason, Smith, Carr, Oliver and Snell opposed) Motion by Sansing, second by Berryman that the Snook property in Annexation Area 6 be removed from the 2006 annexation areas. Denied 4-3. (Smith, Carr, Oliver and Snell opposed) Vote on the original motion: Approved 7-0. (*as corrected by Smith at the November 14 Council Meeting) Z Voluntary Annexation Public Hearings 1. Public Hearing on the voluntary annexation into the City for 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 Polasek identified the property to be annexed. He said the City has received the Inner Loop SE from Williamson County, and the annexation of this property will make the voluntary annexation of the Project Lee site possible. The Public Hearing was opened at 10:09 p.m. There were no comments. The Public Hearing was closed at 10:09 p.m. 2. Public Hearing on the voluntary annexation into the City for 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 identified the property to be annexed. He noted that the annexation of this property would make the voluntary annexation of the Project Lee site possible. The Public Hearing was opened at 10:10 p.m. There were no comments. The Public Hearing was closed at 10:10 p.m. City Council Meeting Minutes/October 24, 2006 Page 17 of 18 Pages 3. Public Hearing on the voluntary annexation into the City for 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, AICD, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek identified the property to be annexed. He noted that this is the Project Lee site. The Public Hearing was opened at 10:10 p.m. There were no comments. The Public Hearing was closed at 10:10 p.m. 4. Public Hearing on the voluntary annexation into the City for 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 1307 for Presbyterian Farm -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek identified the property to be annexed. The Public Hearing was opened at 10:11 p.m. There were no comments. The Public Hearing was closed at 10:11 p.m. AA Consideration and possible action to appoint Ann Evans as a 12th Grade Representative, Morgan Lyons, Adam McDonald, and Corey Pearson as 8th Grade Representatives, and Jacqueline Soberanes as a 10th Grade Representative to the Georgetown Youth Advisory Board -- Mayor Gary Nelon Motion by Carr, second by Smith to approve the appointments. Approved 7-0. The meeting was adjourned at 10:12 PM. City Council Meeting Minutes/October 24, 2006 Page 18 of 18 Pages Attest: City Secretary Sandra Lee