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HomeMy WebLinkAboutMIN 08.22.2006 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 1. . 10DIVIROJUTIV Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Pattie Justice, Payroll Specialist, Micki Rundell, Director of Finance and Administration; Kimberly Garrett, Parks and Recreation Director; Mark Thomas, Economic Development Director; Glenn Dishong, Water Services Manager; Mike Mayben, Energy Services Director; Dave Hall, Inspections Director; Jim Babcock, Planning Specialist; Jordan Maddox, Planner; Marsha Iwers, Purchasing Manager; Melissa McCollum, Planner; Bobby Ray, Community Development Director; Ed Polasek, Chief Long -Range Planner; Keith Hutchinson, Public Information Officer; David Munk, Development Engineer 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 - Civil Action No. A -06 -CA -082 SS, Daniel and Carmen Henderson v. City of Georgetown and Bishop Gregory Aymond for the Diocese of Austin, in the United States District Court, Western District of Texas, Austin Division - Application by MUD 19 for a Sewer Utility Certificate of Convenience and Necessity B Sec 551.072 - Deliberations about Real Property - Consideration and possible action concerning right-of-way/easement acquisition related to the TxDOT/Austin Avenue Maintenance Project. -- Terri Glasby Calhoun, GUS Paralegal, and Kent Alan Sick, Attorney for City of Georgetown C 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 - To begin no earlier than 06:00 P (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, City Council Meeting Minutes/August 22, 2006 Page 1 of 11 Pages Texas Government Code Chapter 551.) D Call to Order E Pledge of Allegiance F Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon - Review of procedure for addressing the City Council Announcement of a vacancy on the Convention and Visitors Bureau Board and a vacancy for the Downtown Business Owner position on the Main Street Advisory Board Mayor Nelon announced the vacancies. Proclamation for National Payroll Week, September 4-11, 2006, to be presented to City of Georgetown Payroll Specialist, Pattie Justice Mayor Nelon presented the proclamation to Justice. Mayor Nelon recognized some Boy Scouts in the audience. G Announcements and Comments from City Manager Brandenburg made the following announcements: 1) The City has received written notification from the TCEQ that no violations are being alleged as a result of the July 10th TCEQ inspection of the City's closed landfill. TCEQ told the City that our assistance in this matter and our compliance efforts to ensure protection of the State's environment were appreciated. 2) The City of Georgetown is asking all water customers to follow the 5 -day watering schedule that has been published in the Austin American -Statesman . A mechanical problem with a filter at the Lake Water Treatment Plant has reduced the ability of the plant to meet the peak demands. The voluntary 5 -day watering schedule is part of the City of Georgetown's regular summer water conservation plan. Each year, water customers are asked to use the 5 -day schedule as a guide to reduce peak demand during the driest months of the year. The watering schedule uses the last digit in your street address number to stagger outdoor watering over a 5 -day period. If customers will voluntarily follow the 5 -day watering schedule published in the Austin -American Statesman and on the City's website, it will prevent the City from having to enact mandatory restrictions. The repairs to the system should be completed within two weeks. Information regarding the 5 -day watering schedule will also be published in the Williamson County Sun , displayed on Cable Channel 10 and on the City's website at www.georgetown.orq. For additional information, contact Georgetown Utility Systems at (512) 930-3555. H Public Wishing to Address Council As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. Action from Executive Session There was no action from Executive Session. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. J Consideration and possible action to approve the minutes of the Council Workshop on Monday, August 7, and the Workshop and Council Meeting on Tuesday, August 8, 2006 -- Sandra D. Lee, City Secretary K Consideration and possible action to authorize the purchase of AudioTel Remittance Processing software and hardware in order to automate the Utility Office mail processing system to reduce processing time and improve accuracy, for a cost of $24,500 -- Kathy Ragsdale, Utility Office Manager and Micki Rundell, Director of Finance and Administration L Consideration and possible action on a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning a twenty foot (20) Public Utility Easement bisecting Lot 1 of Souffard Subdivision, City Council Meeting Minutes/August 22, 2006 Page 2 of 11 Pages located at 2400 North Austin Avenue -- James Babcock, AICP, Planning Specialist and Bobby Ray, AICP, Director of Planning and Development M Consideration and possible action to approve a contract with Alaska Native Broadband 1 License, LLC, a Delaware limited liability company, for the lease of space on the Central Ave. Elevated Storage Tank and a site for cellular antennas and related equipment for $24,000.00 per year -- Glenn Dishong, Water Services, Jim Briggs, Assistant City Manger for Utility Operations N Consideration and possible action on 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 -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Motion by Snell, second by Eason to approve the Consent Agenda in its entirety. Approved 7-6-0. (Oliver absent) *as corrected by Oliver at 9-12-06 Meeting Council will individually consider and possibly take action on any or all of the following items: O Consideration and possible action on a resolution expressing the City Council's intent to provide economic development incentives to Citicorp North America, Inc. to ensure that a Data Center Project is constructed and operated in the city limits of the City of Georgetown and that the project becomes a major customer of the City's Public Utility Services, including wastewater and electric services, on terms that are mutually acceptable to the City Council and Citicorp North America, Inc.; providing that this Resolution is subject to further actions by the Georgetown Economic Development Corporation and by the City Council; providing that this Resolution is subject to further requirements of the Texas Tax Code and the Texas Local Government Code and any other applicable laws -- Mark Thomas, Economic Development Director and Paul Brandenburg, City Manager Thomas explained the item, saying the proposed resolution outlines Council's intent to provide economic incentives to Citicorp North America who will construct a 300,000 square -foot data center on property owned by Bourne Partners, developer of the project, and located at Longhorn Junction on Inner Loop Road. He told Council the facility would cost $150 million to construct and would house approximately $300 million worth of be state-of-the-art computer equipment. He said the project will add $450 million to the tax rolls and will be a large electric user; and he indicated the location of the facility on a map. He listed the incentives as being 1) a ten-year tax abatement with a declining scale over the ten-year period; 2) construction using 4A funds of a $1.3 million wastewater line; 3) a fee waiver of 50% up to a cap of $150,000; and 4) construction of electric utility infrastructure valued at $5.1 million to serve the project. He said the total estimated net return on investment to the City is $21 million over a 10 -year period. He said there will be four separate performance agreements developed, each having specific performance criteria, including 1) maintaining a specific level of electric usage; 2) maintaining a minimum number of jobs at a certain wage rate; 3) and meeting a minimum capital investment threshold. He said these performance agreements would protect the City on any incentives made or tax abatements created. He said other than the $21 million return on investment, the other advantages to the City will be: 1) the creation of approximately 50 high-tech jobs; 2) the international recognition of Citicorp; and 3) infrastructure improvements that will open the Inner Loop area for additional development. Nelon noted that the Council has been frequently briefed on the economic development information in Executive Session prior to the public consideration of the resolution, and he thanked the staff for the time spent investigating the issues to ensure the protection on investment for the City. Snell suggested that Joe Lacy of Citigroup in New York be asked to speak. Lacy said this is a very important project for Citigroup and commended the City staff on their responses. He said the next step would be to receive County approval and then finalize the real estate transaction. Motion by Sansing, second by Eason to approve the resolution. Approved 7-6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting P Consideration and possible action to contribute to the Veterans of Foreign Wars Red Poppy Garden -- Gabe Sansing, Councilmember District 2 Sansing asked if the Council is willing to participate either with funds to cover the cost or use of City personnel for development of the space and the garden. Brandenburg said the property is leased by the VFW from the City on a 100 -year lease until 2071. Motion by Sansing, second by Smith to use $500 out of the Council City Council Meeting Minutes/August 22, 2006 Page 3 of 11 Pages Contingency Fund of this year's budget as a contribution to get the garden started in honor and memory of the veterans. Approved 764. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting Q Contracts and Agreements 1. Consideration and possible action on an award of the annual bid for landscape maintenance services for IOOF Cemetery to The Greener Side in the amount of $53,892.00 -- Marsha Iwers, Purchasing Manager and Kimberly Garrett, Parks and Recreation Director Iwers explained the item. Smith said he has heard complaints about the maintenance of the Cemetery. Iwers said anytime there were complaints, The Greener Side responded quickly and to the City's satisfaction. Berryman asked and Iwers responded that the maintenance includes mowing and edging. Motion by Eason, second by Sansing to approve the award of annual bid. Approved 7-64. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 2. Consideration and possible action to authorize the Mayor to execute a contract for legal services with the Professional firm of Brown and Carls -- Paul E. Brandenburg, City Manager corrected by Brandenburg explained the item, saying the Council packet contained a survey of legal contracts in other cities in Texas, as well as City of Georgetown staff response as to the firm's professional abilities. He said the cap has been raised to $30,000 per month for three years. He told Council there has been excellent service with the current contract. Motion by Smith, second by Sansing to approve the contract with Brown and Carls. Sansing had a question about the figures, and Carls responded that she and Rundell looked at what was done in the past and tried to estimate a possible cap, saying it is not a retainer. Approved 7-6-0 . (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 3. Consideration and possible on a Professional Services Agreement with Wallace Roberts & Todd, LLC, for the comprehensive plan update -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development and Polasek said the Century (Comprehensive) Plan was developed in 1988, and since that time, the City has almost doubled in size and quadrupled in population. He said although numerous elements have been added to the Plan over the years, it is necessary to update the policy and development plans. He told Council that four firms were interviewed by a committee composed of the Mayor, the Chair of the Planning and Zoning Commission, the City Manager and other staff, with a unanimous decision to choose the firm of Wallace Roberts and Todd. He noted that the City only has $75,000 designated in this year's budget and the contract is for $150,000, so the additional $75,000 has been put in the 2006/2007 budget for Council's approval. He said public involvement in the process is very important, so there will be interviews of stakeholders, staff, and outside public. He said there will be an item on the next Council agenda to approve the recommended members of a steering committee to oversee the project. He said there will be two public forums to review and discuss the process, and staff will be working on putting a draft on the website and keeping it updated as the project progresses. Motion by Snell, second by Eason to approve the Professional Services Agreement with Wallace, Roberts and Todd. Approved 76-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting R Items forwarded from the Georgetown Utility Systems (GUS) Board 1. Consideration and possible action to approve the purchase of Bioxide chemicals for U.S. Filter/Davis Process Products, of Sarasota, Florida, in an amount not to exceed $65,000.00 -- Glen Dishong, Water Services Manger and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item. He noted that this purchase is in addition to the $50,000 worth of chemicals previously approved for this fiscal year. He said this purchase has been approved by the Georgetown Utility Systems (GUS) Advisory Board. Motion by Sansing, second by Eason to approve the purchase. Approved 7-6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 2. Consideration and possible action for the award of the annual bid for Electric Metering Material to various bidders in the estimated amount of $300,000.00 -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item. He said this material will be stocked in the warehouse and used by the meter reading and maintenance departments, on an as -needed basis. He said this award was approved by the Georgetown Utility Systems (GUS) Advisory Board. Motion by Carr, second by Sansing to approve the City Council Meeting Minutes/August 22, 2006 Page 4 of 11 Pages award of bid. Approved 7-6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting S Consideration and possible action on a Resolution setting public hearing dates for the Annexation into the City of approximately 7,415.6 acres, more of less, described as: (1) Approximately 386.5 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; (2) Approximately 28.6 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; (3) 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; (4) 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; (5) Approximately 592.6 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; (6) 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; (7) Lot 1 and Lot 2 in Shire Subdivision, and various tracts of land our of the Wm Addison Survey, that lies south of the Inner Loop SE, and east of the current city limits, totaling approximately 244.8 acres of land, and 7.9 acres of ROW, including portions of Carlson Cove and CR 1101 referred to as 2006 Annexation Area 11; (8) 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; (9) Approximately 183.8 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; (10) 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; (11) 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; (12) Approximately 8.7 acres of land being Block A, Lot 1 of the Buzzard Branch Subdivision and the 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; (13) Approximately 189.4 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; (14) Approximately 412.7 acres consisting of a portion of parcel of land owned by the United States Army Carps of Engineers adjacent to Lake Georgetown, which is the western portion of the Corps of Engineers property, referred to as 2006 Annexation Area 35; (15) Approximately 63.9 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, 3.3 acres of ROW of Lakeway Drive from Airport road east to IH 35, referred to as 2006 Annexation Area 39; (16) 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; (17) Approximately 380.9 acres of land our 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; (18) Approximately 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; (19) 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, also 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; (20) 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 8,750 ft, referred to as 2006 Annexation Area 46; (21) 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 City Council Meeting Minutes/August 22, 2006 Page 5 of 11 Pages limits along Berry Creek, referred to as 2006 Annexation Area 47; (22) Approximately 1,008A 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; (23) 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; (24) 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 -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek explained the item, saying this is a resolution showing intent to annex approximately 7,415.6 acres in 24 separate areas. He told Council the public hearings on the service plans will be held on October 10 and 24, and the ordinance readings will be on November 14 and 28. He said there have been internal staff meetings, since the initial meeting with Council, working toward the limit of 6,565.3 acres that will be allowed for annexation this year. He said, under the statute, any voluntary annexations or public properties would not be included in the process or in the total acreage. He said there are 626 acres of public or park land and 186 acres that are anticipated to be voluntary. He said public right of way would account for another 612 acres; so, the total acreage to be annexed would be 5,090 acres, which is below the limit. He said staff recommends moving forward with the annexation public hearings. Motion by Snell, second by Carr to approve the resolution. Approved 7-6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting Nelon noted that each property owner in the proposed annexation areas would receive a letter from the City. T Second Readings 1. Second Reading of an ordinance amending Chapter 12.20 of the Code of Ordinances regarding rental fee rates, deposits and use of the Georgetown Community Center -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Garrett explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 200642. Approved 7-6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 2, Second Reading of an ordinance amending Chapter 12.20 of the Code of Ordinances regarding prohibiting horses from hike and bike trails in city parks -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Garrett explained the item and read only the caption of the ordinance on second reading. Motion by Smith, second by Sansing to approve Ordinance 2006-73. Sansing asked if there has been any discussion with the County about relocation of the County Rodeo Arena. Garrett said the County has not come to them about moving from that location. Approved 7-6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 3. Second Reading of an ordinance to order a Special Election to be held on November 7, 2006, for the purpose of seeking voter response to the proposition of "The Reauthorization of the Local Sales and Use Tax in the City of Georgetown, Texas, at the Rate of One -Fourth of One Percent to Continue Providing Revenue for Maintenance and Repair of Municipal Streets;" providing for the City to contract with the Williamson County Elections Administrator to conduct said election; and making other provisions relating to the Election -- Sandra D. Lee, City Secretary and Patricia E. Carls, City Attorney Carls explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Carr to approve Ordinance 2006-74. Sansing emphasized the quarter -cent sales tax for street repair and maintenance is not a new tax, but a renewal of what we currently have, and is very valuable. Brandenburg said there will be an educational presentation at the next council meeting on September 12. Approved 7-6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting U Public Hearings/First Readings City Council Meeting Minutes/August 22, 2006 Page 6 of 11 Pages 1. First Reading of an ordinance amending Chapter 15.16, Electrical Code, of the Code of Ordinances, providing for the adoption of the 2005 National Electrical Code and electrical licensing registration requirements -- David Hall, Director of Inspection Services and Tom Yantis, Assistant City Manager Hall explained the item and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve the ordinance on first reading. Approved T6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 2. First Reading of an ordinance amending Chapters 2.28, 6.04,8.04, 8.08, 8.205 8.28, 10.047 10.165 12.24 eliminating references to the position of Fire Marshal and replacing references to Fire Marshal with references to various other city personnel, consistent with the City's current administrative divisions and departments -- David Hall, Director of Inspection Services and Tom Yantis, Assistant City Manager Hall explained the item and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Smith to approve the ordinance on first reading. Approved T6 -Q. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 3. Public Hearing for the voluntary annexation into the City for 145.5779 acres, more or less, in the Joseph Fish Survey and William Roberts Survey, located south of Shell Road, for Georgetown Village, Section Nine --Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek explained that the next four items are voluntary annexations and tonight is the second public hearing for each item. He explained this item, saying in accordance with the development plan, the area is annexed voluntarily when the plat is submitted. The Public Hearing was opened at 6:42 p.m. There were no comments. The Public Hearing was closed at 6:42 p.m. 4. Public Hearing for the voluntary annexation into the City for 10.158 acres, more of less, in the Williams Addison Survey, Abstract No. 21, located southeast of FM 1460 and Georgetown Inner Loop, for the remainder of the Avery Tract -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek explained the item, saying this is the anticipated Transit Oriented Development tract. The Public Hearing was opened at 6:43 p.m. There were no comments. The Public Hearing was closed at 6:43 p.m. 5. Public Hearing for the voluntary annexation into the City for 66.737 acres, more of less, in the Williams Addison Survey, Abstract No. 21, located southeast of FM 1460 and Georgetown Inner Loop, for the remainder of the Moore Tract -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek said this area is partially within the MOKAN annexation area, saying it will be a part of the commuter rail district and there will be rezoning and land use changes for Council consideration soon. He said this is south of the Transit Oriented Development tract. The Public Hearing was opened at 6:44 p.m. There were no comments. The Public Hearing was closed at 6:44 p.m. 6. Public Hearing for the voluntary annexation into the City for 1.28 acres, more or less, in the Joseph Fish Survey, William B. Lord Survey and William Roberts Survey, located north of Shell Road, for Georgetown Village, Section Six revised -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek explained the item, saying this is additional acreage that was added to the plat. The Public Hearing was opened at 6:45 p.m. There were no comments. The Public Hearing was closed at 6:45 p.m. 7. Public Hearing and First Reading of an Ordinance to amend the Comprehensive Plan to change the Future Land Use from Residential and Office/Retail/Commercial to Office/Retail/Commercial for 2.572 acres in the William Addison Survey, Abstract No. 21, located near the northeast corner of Inner Loop and E. University -- Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services Maddox explained the item, saying staff is recommending approval due to a proposed large commercial development near this node. He said tonight there is also a concurrent rezoning request for this parcel. City Council Meeting Minutes/August 22, 2006 Page 7 of 11 Pages The Public Hearing was opened at 6:46 p.m. Speaker, Dean Olson, told Council he lives in Churchill Farms, one block south of SH29. He said he and his wife are concerned and would like to avoid the traffic that they know will come with commercial development. There were no further comments. The Public Hearing was closed at 6:48 p.m. Maddox read only the caption of the ordinance after having satisfied the requirements of the City Charter. Sansing asked and Maddox responded that the current zoning is split between residential and Office/Retail/Commercial. He said it will be changed to completely Office/Retail/Commerical. Snell reminded staff that the agenda item cover sheet should always contain a description of the Planning and Zoning Commission vote on changes to the Comprehensive Plan, saying he assumes if there is no explanation of the vote, it must have been unanimous. He said if there is a split vote, he would like to know and find out why. Motion by Smith, second by Carr to approve the ordinance on first reading. Approved 7- 6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 8. Public Hearing and First Reading of an Ordinance Rezoning from RS, Residential Single -Family district to C-3, General Commercial district, 2.572 acres in the William Addison Survey, Abstract No. 21, located at the northeast corner of the intersection of SH -29 and Inner Loop -- Bobby Ray, AICP, Director of Planning and Development Ray indicated this is the same property as described in a previous item. He said it is currently zoned RS Residential Single Family which was the default zoning when the property was annexed in 1986. He noted that the Future Land Use Plan currently identifies this tract as being zoned residential and office retail and commercial. He said the applicants are seeking to put a shopping center in that location. He said inappropriate uses that will be prohibited by the City are: detention center, passenger terminal, bar or lounge, major vehicle service, vehicle sale or leasing facility, warehouse and freight movement, major utilities, cemeteries, and self -storage facilities. He said staff is also recommending the submittal of a master architectural and materials plan as well as a master signage plan; and compliance with the landscaping requirements of the Gateway Overlay District, which requires a 15 -foot strip of landscaping along the SH29 frontage. He said staff received correspondence from adjacent property owners who expressed concern about drainage and vehicular access to the site as well as access to SH29. He said a traffic impact analysis may be required. He said the Planning and Zoning Commission unanimously recommended approval of the rezoning. The Public Hearing was opened at 6:54 p.m. Speaker, Tally Williams, representing the applicant, said the developers are in agreement with all of the staff recommendations regarding the use of restrictions and the overlay for landscaping. She said they will do a traffic impact analysis; and they have met with Churchill Farms and will continue to do that as the project moves along in order to address any concerns. The Public Hearing was closed at 6:56 p.m. Ray read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Carr to approve the ordinance on first reading. Smith asked and Williams responded that there is no user for the property at this time, but they are trying to get an HEB grocery store. Snell confirmed that concerns about draining would be dealt with when the preliminary plat is submitted. Smith asked to amend that the approval includes the staff recommendations. Sansing and Carr accepted that as a friendly amendment. Vote on the motion as amended: Approved T6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 9. Public Hearing and First Reading of an Ordinance to amend the Comprehensive Plan to change the Future Land Use from Residential and Office/Retail/Commercial to Office/Retail/Commercial for 42.326 acres in the William Addison Survey, also to be known as University Plaza, located at the northeast corner of Inner Loop and E. University -- Jordan Maddox, Planner 1 and Bobby Ray, AICP, Director of Planning and Development Services Maddox explained the item, saying the applicant is seeking the change of use in order to develop a shopping center at that location. He said staff and the Planning and Zoning Commission recommend approval. The Public Hearing was opened at 7:00 p.m. There were no comments. The Public Hearing was closed at City Council Meeting Minutes/August 22, 2006 Page 8 of 11 Pages 7:00 p.m. Maddox read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Carr, second by Smith to approve the ordinance on first reading. Approved 7-6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 10. Public Hearing and First Reading of an Ordinance Rezoning from RS, Residential Single -Family and AG, Agriculture districts to C-3, General Commercial district, 42.326 acres in the William Addison Survey, also to be known as University Plaza, located at the northeast corner of Inner Loop and east SH -29 -- Bobby Ray, AICP, Director of Planning and Development Ray explained the item, saying this is the same property as the previous item. He said staff is supportive with the same conditions such as prohibition of certain uses, submittal of master architectural and signage plans, and compliance with the Gateway landscape overlay. He acknowledged receiving correspondence from adjacent property owners concerning drainage and vehicular access, saying those issues would be dealt with at the platting stage. The Public Hearing was opened at 7:02 p.m. There were no comments. The Public Hearing was closed at 7:02 p.m. Ray read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Smith, second by Eason to approve, subject to the staff -recommended conditions. Approved 7- 6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 11. Public Hearing and First Reading of an ordinance to amend the Comprehensive Plan to change the Intensity Level from Level 1 to Level 2 for 154.015 acres in the A.H. Porter Survey, also known as Cimarron Hills - Jensen Tract, located at 300 Lightning Road near SH29 West -- Jordan Maddox, Planner 1 and Bobby Ray, AICP, Director of Planning and Development Services Maddox explained the item. He said the property is currently located outside the city limits so there is no zoning designation. He said staff is recommending approval to amend the intensity level. The Public Hearing was opened at 7:05 p.m. There were no comments. The Public Hearing was closed at 7:05 p.m. Maddox read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Carr to approve the ordinance on first reading. Approved 7-6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 12. Public Hearing and First 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 explained the item, saying the property is not currently within city limits, but the second public hearing for voluntary annexation was held earlier at this meeting. He said this site would contain 367 detached single-family residences and one school lot. He noted that the second reading would be delayed until the plat comes forward. He said the applicants are seeking an additional front setback of 20 feet if there is no front porch. He said the proposed modification allows that option. He said the Planning and Zoning Commission approved by a vote of 6-1. Snell asked to know the issue in the negative vote. Ray said in certain areas Georgetown Village is moving away from the traditional "village" concept as originally presented to the City. He said there was discussion regarding whether to go forward with Planned Unit Development zoning, and the negative vote on the rezoning was a product of that discussion. The Public Hearing was opened at 7:10 p.m. Speaker, Mark Graham, told Council he is the new developer and said, after the Planning and Zoning Commission meeting, they added parkland in the middle of the development and changed their design plan to be more like the "village" orientation. The Public Hearing was closed at 7:11 p.m. City Council Meeting Minutes/August 22, 2006 Page 9 of 11 Pages Ray read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Carr to approve. Snell noted that there is a long-standing agreement with Georgetown Village. Carls said the agreement is actually a Concept Plan with extensive notes, but some notes are not specific. She said it is a PUD, Planned Unit Development, and also a maintenance Public Improvement District (PID) for the open areas. Ray said the problem staff has is the diversity of the notes, with no real standards. Snell noted that it was approved before the Unified Development Code was adopted. Ray said he has not seen the revised preliminary plat that the applicant just spoke about. Carr asked for staffs recommendation. Ray said they recommend approval, but would ask that the Concept Plan be amended to reflect what will actually be built out. Smith asked and the applicant responded that there would not be any alleys. The applicant said alleys were not brought up in the Planning and Zoning meeting, but there will be pocket parks and open spaces. Nelon stated that if the developer uses the Concept Plan, there will need to be a strict interpretation of the Concept Plan to ensure property control. There was further discussion with the applicant. Sansing said he is concerned that the people who bought in that subdivision may be disappointed if the original plan is not followed. He stated that he would have to vote against the ordinance in order to make a statement. There was further explanation from the applicant regarding the maintenance of the alleys, saying that it has been determined that alleys are not as safe as "front -loaded" homes. Snell said he understands Council will see this again, but he said he is concerned now because this was expected to be a certain type of subdivision. Carls asked if Sansing wanted to withdraw his motion. She said it would take four affirmative votes to pass the ordinance. Sansing said, in light of the fact that the Council will see it again, he will approve at this reading. Eason said she was planning to also vote against it because she doesn't believe all the things that the developer stated will actually happen. Berryman said she doesn't think the subdivision will suffer, but it is a different concept than what was originally planned for that area. She said she wants to ensure that the plans to put in the pocket parks and the open space go forward. Carls noted that if this doesn't pass tonight, the plat will not come forward. Ray said the second reading would come back with the plat. Vote on the Motion: 3-3 (Eason, Smith and Snell opposed) Mayor voted in favor so that the plat would come back with the second reading. Approved 4-3. (Eason, Smith and Snell opposed) 13. Public Hearing and First Reading of an Ordinance Rezoning from AG, Agricultural district to PUD, Planned Unit Development district for 37.043 acres in the Frederick Foy Survey, Abstract 229, to known as the Planned Unit Development of Sun City Georgetown Neighborhood Forty, located west of Sun City Boulevard and north of Neighborhood 41 -- Melissa McCollum, AICP, Planner 11 and Bobby Ray, AICP, Director of Planning and Development Services McCollum explained the item saying this is the first section to be built with zero -lot line homes. She said staff and the Planning and Zoning Commission are supportive. The Public Hearing was opened at 7:35 p.m. There were no comments. The Public Hearing was closed at 7:35 p.m. McCollum read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Carr, second by Snell to approve the ordinance on first reading. Approved 7-6-0. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting 14. Public Hearing and First Reading of an Ordinance Rezoning from AG, Agricultural district to C-1, Local Commercial district, Lot 2, Dicotec Subdivision, also known as The Barn, located at 4405 Williams Drive -- Bobby Ray, AICP, Director of Planning and Development Ray explained that the property was annexed in 1985, and zoned as agricultural as default. He said the staff is supportive of rezoning to C-1 because it will eliminate the non -conforming use and is more compatible with adjacent properties. He said there was unanimous approval by the Planning and Zoning Commission. The Public Hearing was opened at 7:38 p.m. There were no comments. The Public Hearing was closed at 7:38 p.m. Ray 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. Smith asked and was told that the City must wait for the applicant to come in and request that a property be rezoned before it is changed. Approved 7-64. (Oliver absent) * *as corrected by Oliver at 9-12-06 Meeting City Council Meeting Minutes/August 22, 2006 Page 10 of 11 Pages The meeting was adjourned at 08:40 PM. 4 ayorry Nelon City Council Meeting Minutes/August 22, 2006 Page 11 of 11 Pages Attest: r City Secretary Sandra Lee