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HomeMy WebLinkAboutMIN 05.23.2006 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: Mayor Gary Nelon, Farley Snell, Patty Eason, Ben Oliver, Gabe Sansing, Henry Carr, John Kirby, Pat Berryman Council Absent, Doug Smith Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Shirley J. Rinn, Deputy City Secretary; Micki Rundell, Director of Finance and Administration; Cari Miller, CVB Coordinator, Shelly Hargrove, Tourism Director and Main Street Manager, Mark Miller, Transportation Services Manager, Carla Benton,, Development Planner; Melissa McCollum, Development Planner; Glenn Dishong, Water Services Manager; Bobby Ray, Director of Planning and Development; Ed Polasek, Chief Long -Range Planner; Keith Hutchinson, Public Information Officer, Mike Mayben, Energy Services Manager, Kimberly Garrett, Assistant Director for Parks & Recreation 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 B Sec.551.086: Competitive Matters - Presentation and possible action to approve the 2006-2007 Electric Capital Improvement Projects Plan -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations - Consideration and possible action to approve the extension of the contract between McCord Engineering and Georgetown Utility Systems, to provide engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion, and system mapping. Mike Mayben, Energy Services Manager, Jim Briggs, ACM Utility Operations C. Sec 551.072 - Deliberations about Real 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. -- Jim Briggs, Assistant City Manager for Utility Operations Regular Session = To begin no earlier than 06:00 P (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) City Council Meeting Minutes/May 23, 2006 Page 1 of 13 Pages 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 vacancies on Library and Parks Boards G 11 J Presentation of trophies to Red Poppy Coloring Contest Winners and recap of the Red Poppy Festival -- Cars Miller, CVB Coordinator and Shelly Hargrove, Tourism Director The Mayor announced the winners and Cari Miller made the presentations to each of the winners. Announcements and Comments from City Manager The City of Georgetown will host a Public Meeting and comment session regarding potential changes to the City's current Smoking Ordinance. The Public Meeting will take place on Thursday, June 1, 2006 at the 9th Grade Center located at 2295 N. Austin Avenue. Individuals who cannot attend, but would like to voice their opinion, are encouraged to contact the City Manager by letter or e-mail. City of Georgetown offices will be closed on Monday, May 29th holiday. These closings include the following: ➢ City Hall ➢ Georgetown Municipal Complex ➢ Library ➢ Municipal Court ➢ Parks and Recreation Administration Building ➢ Recreation Center ➢ Tennis Center ➢ Visitors Center in observance of the Memorial Day Trash Collection ➢ There will be normal trash collection for City of Georgetown customers on Monday, May 29th. For questions about trash collection, call Texas Disposal Systems at (512) 930-1715. A Memorial Day Ceremony honoring all veterans and those currently serving in our Military Forces will be held on Monday, May 29, 2006 at 9:30am at the Georgetown -Williamson County Veterans Memorial located at 2 Texas Drive in Sun City, Texas City Pools open for the summer on Saturday, May 27, 2006. All Pools will be open on Memorial Day. Public Wishing to Address Council Keith Peshak regarding: "Aerominium precipitation. Mr. Peshak addressed the Council regarding concerns about the airport. Action from Executive Session Motion by Carr, Second by Eason that the City Council authorize the City Manager to prepare and sign a Purchase Agreement for the potential acquisition of the 5.107 acre tract owned by Bobby Ray Guthrie located at the intersection of FM 1460 and Industrial Avenue with the contingencies and for a purchase price not to exceed the amount discussed in executive session fast night. Approved 6-0 (Smith Absent) Motion by Carr, Second by Sansing that the City Council approve the contract with McCord Engineering to provide engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion and system mapping in an amount not to exceed the amount discussed in executive session last night. Approved 6-0 (Smith Absent) The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with City Council Meeting Minutes/May 23, 2006 Page 2 of 13 Pages 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. There were no items listed on the Consent Agenda. Council will individually consider and possibly take action on any or all of the following items: K Consideration of appointment of a canvassing team of councilmembers to canvass the results of the May 13, 2006 General Election — Mayor Gary Nelon Motion to appoint Patty Eason and Gabe Sansing were appointed to the canvasing team. The Canvassing team reviewed results and found them to be accurate and official: EARLY VOTING Pat Berryman Michael Jackson Precinct 301 16 24 Precinct 332 8 7 Precinct 371 0 0 Precinct 379 158 130 Total Votes ELECTION DAY 099 161 Michael Jackson Precinct 301 19 7 Precinct 332 4 2 Precinct 371 0 0 Precinct 379 111 38 Total Votes 134 47 PROVISIONAL Pat Berryman Michael Jackson Precinct 301 0 0 Precinct 332 0 0 Precinct 371 0 0 Precinct 379 1 0 Total Votes 1 0 Grand Totals 317 'rte L Consideration and possible action to approve a resolution canvassing the votes for the May 13, 2006 General Election, declaring the results to be official — Shirley J. Rinn, Deputy City Secretary and Patricia E. Carls, City Attorney Trish Carls read the caption of the resolution and it was clarified that the official vote total was 317 for Pat Berryman instead of 316, which needs to be corrected on the Original Resolution. Motion by Sansing Second by Eason approve the resolution, as corrected, canvassing the votes for the City Council Meeting Minutes/May 23, 2006 Page 3 of 13 Pages May 13, 2006 General Election, declaring the results to be official. Approved 6-0 (Smith Absent) M Presentation of appreciation to outgoing District 5 Councilmember, John Kirby -- Mayor Nelon Mayor present a plaque of appreciation to Mr. Kirby. N Comments from outgoing District 5 Councilmember, John Kirby -- Mayor Gary Nelon John Kirby addressed the council and the citizens regarding his term and what his expectations and accomplishments were during his term. O Swearing in of Councilmembers Patty Eason of District 1 and Pat Berryman of District 5 --Shirley J. Rinn, Deputy City Secretary Deputy City Secretary Shirley J. Rinn swore in Councilmember Patty Eason and State Senator Steve Ogden swore in Pat Berryman. P Comments from incoming District 1 Councilmember, Incumbent, Patty Eason and District 5 Councilmember, Pat Berryman -- Mayor Gary Nelon Both Patty Eason and Pat Berryman provided comments. Q Consideration of election from the dais of a Mayor Pro Tem — Mayor Gary Nelon Motion to nominate Doug Smith 6-0 (Smith Absent) R Swearing in of Mayor Pro Tem --Shirley J. Rinn, Deputy City Secretary Doug Smith will be sworn in as Mayor Pro Tem at the next Council Meeting due to his absense at this meeting. S Consideration of appointment of a councilmember to replace Councilmember Kirby on the Board of the Georgetown Transportation Enhancement Corporation (GTEC) -- Mayor Gary Nelon Motion by Sansing Second by Snell to nomiate Pat Berryman 6-0 (Smith Absent) T Consideration and possible action to approve a contract amendment between the City of Georgetown and Chiang, Patel & Yerby (CPY) for professional services related to the engineering for Park Central Rehabilitation in the amount of $75,000.00 -- Thomas R. Benz, PE Systems Engineering Manager, Jim Briggs, ACM Utility Operations Benz addressed the council and explained the item. He told the Council that all of the funds had been received from the owners under the terms of the GTEC Performance Agreement, but not all of the signatures. He said that if Council approves this contract staff would not have it executed until all of the owners signatures were receieved. Motion by Carr Second by Sansing Approved 6-0 (Smith Absent) U Consideration and possible action for the approval of architectural design services for the renovation of the Williamson County Appraisal District Building to PBS&J Architecture in an amount not to exceed $173,390.00 --Terry Jones, Support Services Construction Manager and Tom Yantis, Assistant City Manager. This item was taken up after V. Terry Jones explained the item to the Council. There was clarification that this will help consultant determine the scope of the project and the sequencing of events. Yantis told the Council that this building was part of the approved facilities plan and gave an overview of the sequence of events to this point related to this item. Motion by Oliver Second by Sansing.Approved 6-0 (Smith Absent) City Council Meeting Minutes/May 23, 2006 Page 4 of 13 Pages V A Resolution expressing official intent to reimburse costs for architectural and engineering services for the design of the Data Center (old Williamson County Appraisal District Building), not to exceed $63,000 with proceeds from bonds that will be issued at a later time-- Laurie Brewer, Assistant Director of Finance and Administration and Micki Rundell, Director of Finance and Administration Rundell explained the item to Council. She read the caption of the resolution. Clarification that approval of this item will allow the City to determine the sequence and scope of the renovations needed in the WCAD building, but that the actual renovations on the building would not occur until they have been approved in the next fiscal year. Rundell also clarified that this project was in the CIP. Motion by Oliver Second by Carr Approved 6-0 (Smith Absent) W Consideration and possible action to authorize the Mayor to execute an Amendment to the Microfusion Land Lease at 302 Wright Brothers Drive, extending the Mandatory Construction Deadline to September 30, 2006 --Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Travis McLain explained this item to Council. He told the Council that the principals have assured him that this will be the last extension they will ask for. He told the Council that the Airport Advisory Board recommended $500 per day in liquidated damages if the project carried on past September 30, 2006. There was additional discussion regarding whether or not to assess $500 liquidated damages for further delays. Motion by Snell, second by Oliver to execute an Amendment to the Microfusion Land Lease at 302 Wright Brothers Drive, extending the Mandatory Construction Deadline to September 30, 2006, to include the $500 per day in liquidated damages if the project carries on past September 30, 2006. Amendment by Sansing to amend the motion to remove the $500 per day in liquidated damages. Amendment dies for lack of a second. Council discussion regarding all projects being treated equally in the assessment of liquidated damages for project delays. Vote on Original Motion. Approved 4-2 (Sansing and Berryman opposed) (Smith Absent) X Items forwarded from the Georgetown Utility Systems (GUS) Advisory Board 1. Consideration and possible action to approve a contract amendment between the City of Georgetown and Kasberg, Patrick & Associates, LP for professional services related to the engineering for the 2006 Street Rehabilitation Projects for $115,000.00. Thomas R. Benz, PE, Systems Engineering Manager, Jim Briggs, ACM Utility Operations. Benz explained the item to Council. Motion by Eason Second by Sansing to approve a contract amendment between the City of Georgetown and Kasberg, Patrick & Associates, LP for professional services related to the Engineering for the 2006 Street Rehabilitation Projects for $115,000.00. Approved 6-0 (Smith Absent) 2. Consideration and possible action to award a contract to H. Deck Construction Co. of Round Rock, Texas, for the Water Main Repair & Water Service & Valve replacement for an amount not to exceed $200,000.00. Glenn Dishong, Water Services Manager, Jim Briggs, ACM Utility Operations Dishong explained the item to Council. Motion by Oliver, second by Eason to award a contract to H. Deck Construction Co. of Round Rock, Texas, for the Water Main Repair & Water Service & Valve replacement for an amount not to exceed $200,000.00. Approved 6-0 (Smith Absent) City Council Meeting Minutes/May 23, 2006 Page 5 of 13 Pages 3. Consideration and possible action to award a contract to Bell Contractors, Inc. of Belton, Texas, for the Borth Austin Ave. Water line improvements and to set a project budget of $217,000.00 Glenn Dishong, Water Services Manager, Jim Briggs, ACM Utility Operations Dishong explained this item to Council. Motion by Eason , second by Carr to award a contract to Bell Contractors, Inc. of Belton, Texas, for the North Austin Ave. Water line improvements and to set a project budget of $217,000.00. Approved 6-0 (Smith Absent) 4. Consideration and possible action to approve the renewal of the contract between the City of Georgetown and National Tree Expert Company, Inc. to provide electric system right-of-way clearing services. Michael W. Mayben, Energy Services Manager, Jim Briggs, ACM Utility Operations. Mayben explained this item to Council. There was clarification of the responsibilities of the company to protect and trim damaged trees. Motion by Eason, second by Snell to approve the renewal of the contract between the City of Georgetown and National Tree Expert Company, Inc. to provide electric system right-of-way clearing services. 6-0 (Smith Absent) 5. Consideration and possible action for approval for award of bid for Pad -Mounted Automatic Transfer Switchgear to Texas Electric Cooperative of Georgetown, Texas, in the amount of $86,450.00 per unit. Michael W. Mayben, Energy Services Manager, Jim Briggs ACM Utility Operations Mayben explained this item to Council. Motion by Eason, second by Carr to approve the award of bid for Pad -Mounted Automatic Transfer Switchgear to Texas Electric Cooperative of Georgetown, Texas, in the amount of $86,450.00 per unit. Approved 6-0 (Smith Absent) 6. Consideration and possible action to award a contract to Dacon Ltd., of Deer Park, Texas, for the construction of the East & South Substations in the amount of $7,997,990.00, and approve a project contingency construction expense budget of $8,400,000.00. Michael W. Mayben, Energy Services Manager, Jim Briggs, ACM Utility Operations Maybe explained this item to Council. Motion by Carr, second by Eason to award a contract to Dacon Ltd., of Deer Park, Texas, for the construction of the East & South Substations in the amount of $7,997,990.00, and approve a project contingency construction expense budget of $8,400, 000.00.Approved 6-0 (Smith Absent) Y Items forwarded from the Georgetown Transportation Advisory Board (GTAB) 1. Consideration and possible action on the top five (5) roadway projects the City of Georgetown would like Williamson County to consider in partnering for completion. --Thomas R. Benz, P.E., Engineering Services Manager, Jim Briggs, ACM for Utility Operations. Briggs explained this item to the Council. He told them the TAB Board recommends the following roads: SW Bypass (SH to IH 35); Northwest Boulevard Overpass, SW Pass (IH 35 to SH 130) SE Inner Loop and SE 1, Westinghouse Road (IH35 to FM 1460), Northbound Frontage Roads (Leander to Lakeway Drive). Motion by Sansing Second by Eeason.Approved 6-0 (Smith Absent) Z Discussion and possible Action pertaining to the Future Land Use and Zoning of Martin Luther King Jr. Street (MLK Street) from 8th Street to 3rd Street --Bobby Ray, AICP, Director of Planning and Development Services Ray explained this item to Council. He told them this is a followup to the March 14th meeting. He told the Council that staff was asked to look at different ways to protect the residential character of the area, while City Council Meeting Minutes/May 23, 2006 Page 6 of 13 Pages allowing ways to accommodate requests for small office uses in the area. In response to those instructions, the staff recommendation to allow this would be the creation of a Special Overlay District for the area which would allow for the transition from residential to small commercial offices, similar to the residential segment on Williams Drive. This would allow the area to maintain the residential feel of the neighborhood. Ray told the Council instructed staff to move forward with the creation of a Special Overlay District that the proposed language would be presented to the neighborhood in the form of public meetings, etc. prior to being presented to the Planning and Zoning Commission. Yantis told Council that he followed up with one of the property owners who had proposed to build the new office building in the area to see if they were going to pursue purchasing those four (4) lots. They are not going to purchase the lots, but look at building elsewhere. Yantis said that during the course of his discussions, he talked to Habitat for Humanity about the possibility of partnering with the City and using those four (4) parcels or other properties that are vacant for infill residential construction. Habitat indicated an interest in this concept as long as the lots can be delivered in a cost effective so that they can deliver their product at the cost they need to. Speaker, Norma Clark, addressed the Council and told them she is a resident of the MLK neighborhood. She didn't see anything in the paper about this issue. She does not want to see any kind of commercial buildings in their neighborhood. She hopes that when a vote is taken that the property will be left as residential. Speaker, Pat Bailey, is a resident of the Track Ridge. She is the vice president of TRG. She told Council that they have been to many workshops regarding this issue. She told Council that some young people in the neighborhood are concerned about why they are being forced to have commercial buildings in their neighborhood and a concerned about where they would go. There is also concern about the jail that is already in their neighborhood and not everyone feels safe. She said that they have such a close neighborhood where everyone knows everyone and that if commercial comes in they won't know who is there. She is against any type of commercial development. Speaker, Paulette Taylor, addressed the council. She said that this issue is old and the neighborhood is weary of the discussion. She likes the alternatives that Yantis mentioned. She said that Habitat is acceptable because it is a "neighborhood". Her concern is what will happen in the future. What happens if the Council changes. She said that she likes her neighborhood and she likes Georgetown. She would like to see some protective mechanism that protects her neighborhood in the future. Speaker, Joyce Perry, said that she feels like they are back discussing the same issues they have been discussing. She said that their neighborhood does not want commercial development at all. She said that they are supportive of a Habitat partnership with the City. She said that there have been houses that have been rented out. She said that they do not want their neighborhood disrupted any more than it is already. Speaker, Russ Sablatura, (on behalf of Adrian Zuniga) said that he spoke to Council several months ago. He represents Adrian Zuniga who owns property in this area. Mr. Zuniga is in support of a new overlay district. for this area. They support keeping the residential feel of the neighborhood, their position hasn't changed and they support "Professional Office" development, not commercial properties. Would like to see the City work with the neighborhood and applicants to come up with a workable solution that will allow professional office development that would at the same time protect the neighborhood. Speaker, Renee Hanson, supports keeping this area residential. Motion by Sansing, second by Carr to follow the original recommendation of staff to leave the area soley residential and not do the special overlay district. There was discussion regarding the desire to see County offices moved to the loop instead of downtown. There was also discussion regarding whether or not there was a way to have zoning in place and prohibit any future zoning change reqeusts. Carls and Yantis told the Council that a specific zoning designation doesn't prohibit an applicant from coming forward in the future to request a change in the zoning. There was discussion as to whether or not a historical designation could be obtained for this area. Yantis told the Council that this had been looked at, but these designations were difficult to obtain. Additionally, the same rules would apply and someone could in the future come forward and request a change in the designation. City Council Meeting Minutes/May 23, 2006 Page 7 of 13 Pages There was discussion regarding the historical importance of this neighborhood to Georgetown and the need to protect it and keep it viable. There was some discussion regarding whether or not allowing "professional offices" would discourage others from coming forward in the future to request less restrictive zoning in the area. However, the inclination was to leave the current zoning in place and protect the residential nature of the neighborhood. Speaker, Adrian Zuniga, with extra minutes from Scott Burn, said that he recalled that staff come up with a way to protect the neighborhood and also away to see if office use can be approved. He said that there would continue to be applications in the future as the demand continues to rise for office space in the future. He agrees that the neighborhood needs to be protected, but thinks it can be done. He also said said that he thinks properties all along MLK have been negatively impacted by the Justice Center. There was additional discussion regarding the MLK strip and its affect on the neighborhood, as well as the concern for the long term viability of MLK if the area continues to deteriorate. The Council also discussed the potential of working with Habitat to rehabilate that street. There was also discussion regarding the possibility about putting a park in that area. However, the neighborhood is concerned that the people coming out of the jail would congregate there. Approved 6-0 (Smith Absent) AA Consideration and possible action on a Preliminary Plat of Georgetown Healthcare System Subdivision , being 13.148 acres in the Clement Stubblefield Survey, located at 2000 Scenic Drive and a waiver to Table 6.03.020 of the Unified Development Code. Carla J. Benton, Planner 11, and Bobby Ray, AiCP, Director of Planning and Development Services. Benton explained the item to Council. Carl Steger told the Council that the Medical Office Building is being separated out from the rest of the property. Motion by Sansing Second by Eason to approve a Preliminary Plat of Georgetown Healthcare System Subdivision, being 13.148 acres in the Clement Stubblefield Survey, located at 2000 Scenic Drive and a waiver to Table 6.03.020 of the Unified Development Code. Approved 6-0 (Smith Absent) BB Consideration and possible action to establish a committee to consult with the City Manager about a mechanism to support certain youth and children's programs in the City of Georgetown, including guidelines for and levels of funding with the City Manager to report back to the City Council at the first meeting in June — Farley Snell, Councilmember, District 6 Snell told the council that this item is being brought forward as a followup to the Social Service Item from the last meeting. Snell would like to have a committee appointed to meet with the City Manager to establish some guidelines and levels of funding. Hartley Sappington l '' ,' ) addressed the council about the benefits of the Boys and Girls Club. He said that the youth of this community need safe activities to be involved in. He described some of the reasons the kids like to come to the Boys and Girls Club. He urged the Council to consider a Youth Development Fund and ensure that these funds are set aside for youth services. Motion by Sansing, second by Eason to appoint Doug Smith, Ben Oliver and Farley Snell to a committee to consult with the City Manager about a mechanism to support certain youth and children's programs in the City of Georgetown, including guidelines for and levels of funding with the City Manager to report back to the City Council at the first meeting in June. Approved 6-0 (Smith Absent) Mayor Nelon recused himself from Items CC, DD & EE -1 and told the Council a Temporary Mayor Pro Tem would need to be nominated and appointed since Doug Smith is absent. Motion by Oliver to nominate Henry Carr as Acting Temporary Mayor Pro Tem for the next three items. Approved 6-0 (Smith Absent) CC Consideration and possible action to approve a development agreement between the City and McIntosh Holdings, LLC for a downtown development project located at 1102 South Austin Ave. --Tom Yantis, Assistant City Manager City Council Meeting Minutes/May 23, 2006 Page 8 of 13 Pages Yantis explained this item to the Council. He told the Council that approval of GTEC funding was contingent upon a back Development to GTEC Agreement being approved the by the City Council. Yantis told the Council that GTEC approved a reimbursement not to exceed $156,000 for off-site public improvements. Subsequent to approval of the Development Agreement, the developer presented some additional costs related to the construtruction of the improvements. Staff recommends that the Council approve the Development Agreement with the $156,000 approved by GTEC and then staff will take the additional cost reimbursement request back to GTEC to review the request for eligibility. If GTEC approves the eligibility of the additional costs, then staff would bring an amendment to the Development Agreement to Council for approval. There was clarification of the process by which this project has moved forward to its current point. Yantis also clarified that staff is only seeking the approval of the Development Agreement with the original reimbursement amount of $156,000 and to also seek permission from the Council to go back to GTEC to review the eligibility of the overage and to also request funding for the supplemental request if the overage costs are approved by GTEC. Motion by Snell, second by Oliver to approve the Development Agreement without permission to take the additional overage request back to GTEC for review of the eligibility. Amendment by Sansing, second by Eason to approve the Development Agreement with permission to take the additional overage request back to GTEC for review of the eligibility. Discussion regarding the high cost of construction in the current environment. Additional discussion regarding fair treatment to developers. There was also discussion regarding developers building something the way Councl wants them to in the Downtown area and the need to assist them. The Council also discussed that in this case all GTEC would be doing is reviewing the additional overage request to see if the overages meet the criteria for reimbursement. They may not. There was additional discussion by the Council regarding whether or not the overage request was due to items that were not initially thought of during the process or if they were because of increased "real costs" due to the increased price of construction materials. There was additional discussion regarding the need to approve the Developoment Agreeement in its current form so that the $156,000 that has already been approved by GTEC can be released to the developer. Vote on Amendment by Snell, second by Sansing to send the cost overage request to GTEC to determine if the overage is relative to increased cost in actual materials or if the overages are attributable to additional items and that Council is supportive of overages due to cost increase of materials, but not the addition of extra items to the list. Vote on Second Amendment. Approved 6-0 (Smith Absent) i Vote on First Amendement. Approved 6-0 (Smith Absent) Vote on Original Motion, as amended. Approved 6-0 (Smith Absent) DD Consideration and possible action to approve a development agreement between the City and Somerset Hills, Ltd regarding the development of approximately 1202.68 acres to be known as Cowan Springs. --Tom Yantis, Assistant City Manager Yantis explained this item to Council. He said that this has been referred to in the past as the "northern lands". He explained that there was a lot of history with this property and that there are items in the Development Agreement related to items in the Del Webb 7th Amendment as well as the 8th Amendment. He explained in detail the proposed annexation process for the property, as well as the issues related to the required Development Regulations. He also discussed the creation of Special Districts, Schools, Fire Services, Water and Wastewater Service, and Impact fees. Yantis told the Council that staff recommends approval of the agreement. Bob Wunsch addressed the Council and thanked the staff for all of their hard work on this Agreement. City Council Meeting Minutes/May 23, 2006 Page 9 of 13 Pages James Coulter addressed the City Council and is representing Jimmy Jacobs who is developing 700 acres to the north of the Cowan Springs property. He said that he would like to see a wastewater service extension to the north to property that they are developing as part of this development agreement. He said that this extension would accommodate the future development of these properties and eliminate septic systems. He also said that this development is slated for annexation in the future and will be subject to similar development agreements. The concern is that when they are ready to develop the property that access to the wastewater would not be available at the same time they are ready to develop. They are concerned that they will need access prior to the time that Mr. Wunsch's property would be platted. There was discussion that Mr. Jacobs request is coming very late in the process and that this issue can be resolved between the City and Mr. Jacobs and not necessarily addressed in this Development Agreement. Mr. Wunsch indicated that he is will ing to work with Mr Jacobs, but that they have been working on this Development Agreement for several years and he would like to see it move forward as quickly as possible. He said that it is unfair for Mr. Jacobs to come in this late in the game to request the wastewater extension as part of this Development Agreement. Yantis and Briggs explained to Council that a Utility Sevice Extension Agreement could be done for the Jacobs Development through the GUS Board and then Council, and that the utility extension didn't have to be a requirement of this Development Agreement. Yantis said he wasn't aware of any recent Development Agreements that require the utility easements to adjacent properties. Briggs explained to Council that timing might pose some issues, but he thought those issues could be resolved without holding up this process. He told the Council that staff recommended the approval of the Development Agreement. He also said that he would prefer to see the adjacent property on wastewater and not septic and would like assurance that we could move forward in a timely manner to see that it gets done. David Marshall, representing Jimmy Jacobs, told the Council they are developing the 700 acres adjacent to this property and would like to include Shady Oaks on wastewater as well. He said they want to be able to tie into the Sun City wastewater line soon so they can move forward as quickly as possible with their development. There was additional discussion regarding the process by which a Utility Service Extension Agreement could be worked out for the Jacobs development. There was some concern about establishing requirements in this Development Agreement without having an "official" relationship with the Jacobs development at this point. There was also some additional discussion regarding connectivity. Motion by Eason Second by Oliver to approve a development agreement as written between the City and Somerset Hills, Ltd regarding the development of approximately 1202.68 acres to be known as Cowan Springs. Approved 6-0 (Smith Absent) EE Public Hearings 1 First Readings 1. Public Hearing on the voluntary annexation into the City for 650.22 acres, more or less, in the Frederick Foy Survey and Daniel Moore Survey, located south of the future Ronald Reagan Boulevard and west of Sun City Boulevard, for Sun City Northern Land -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek explained the item. The public hearing was opened at 8:20 p.m. There were no comments. The Public Hearing was closed at 8:20 p.m. Mayor returned to the Dais -8:20 p.m. 2. First Reading of an Ordinance on a Comprehensive Plan Amendment to modify the Century Plan Overall Transportation Plan for the area along the Inner Loop between FM -1460 and SH -130 and for the area north and south of FM -2243 at Garey Park -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek explained the proposed amendments. City Council Meeting Minutes/May 23, 2006 Page 10 of 13 Pages There was clarification that a super majority is needed. Polasek read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Snell, second by Carr to approve an Ordinance on a Comprehensive Plan Amendment to modify the Century Plan Overall Transportation Plan for the area along the Inner Loop between FM -1460 and SH -130 and for the area north and south of FM -2243 at Garey Park. Approved 6-0 (Smith Absent) 3. First Reading of an Ordinance on a Comprehensive Plan Amendment to modify the Century Plan Intensity Level element from Level 3 to Level 4 for 2.232 acres in the David Wright Survey, also to be known as Catfish Parlor Georgetown, located at 4159 Williams Drive -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek explained the item. Staff and Planning & Zonnig recommend approval. He read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Carr, second by Eason to approve an Ordinance on a Comprehensive Plan Amendment to modify the Century Plan Intensity Level element from Level 3 to Level 4 for 2.232 acres in the David Wright Survey, also to be known as Catfish Parlor Georgetown, located at 4159 Williams Drive. Discussion regarding wastewater capacity as it relates to changes to intensity. Approved 6-0 (Smith Absent) 4. Public Hearing and First Reading of an Ordinance Rezoning Approximately 2.232 Acres in the David Wright Survey from AG, Agriculture to C-3, General Commercial for the property located at 4159 Williams Drive -- Bobby Ray, AICP, Director of Planning and Development Services Ray explained the item. He told the Council that staff and the Planning & Zoning Commission support the request. The public hearing was opened at 8:30 p.m. There were no comments. The Public Hearing was closed at 8:30 p.m. Ray read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Sansing, second by Carr to approve an Ordinance Rezoning Approximately 2.232 Acres in the David Wright Survey from AG, Agriculture to C-3, General Commercial for the property located at 4159 Williams Drive. Approved 6-0 (Smith Absent) 5. Public Hearing and First Reading of an Ordinance Rezoning Crestview Addition, Unit 1, Block 2, Lot 2, from RS, Residential Single Family District to OF, Office District within the Williams Drive Special Area Plan Overlay District, located at 1604 Williams Drive -- Bobby Ray, AICP, Director of Planning and Development Services Ray explained the item. He told the Council that staff and the Planning & Zoning Commission support the request. The public hearing was opened at 8:32 p.m. There were no comments. The Public Hearing was closed at 8:32 p.m. Ray read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Carr Second by Eason to approve an Ordinance Rezoning Crestview Addition, Unit 1, City Council Meeting Minutes/May 23, 2006 Page 11 of 13 Pages Block 2, Lot 2, from RS, Residential Single Family District to OF, Office District within the Williams Drive Special Area Plan Overlay District, located at 1604 Williams Drive. Approved 6-0 (Smith Absent) 6. Public Hearing and First Reading of an Ordinance Rezoning the Replat of Lot 1, Block A, Horizon Commercial Park from IN, Industrial to C-3, General Commercial for the property located at 600 High Tech Drive -- Bobby Ray, AICP, Director of Planning and Development Services Ray explained the item. He told the Council that staff and the Planning & Zoning Commission support the request. The public hearing was opened at 8:35 p.m. There were no comments. The Public Hearing was closed at 8:35 p.m. Ray read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Sansing, second by Carr to approve of an Ordinance Rezoning the Replat of Lot 1, Block A, Horizon Commercial Park from IN, Industrial to C-3, General Commercial for the property located at 600 High Tech Drive - Approved 6-0 (Smith Absent) 7. Public Hearing on the voluntary annexation into the City for 370.893 acres, more or less, in the David Wright Survey, Williams Roberts Survey and John Berry Survey, east of Airport Road and south and west of Berry Creek, for Buie Ranch -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek explained the item. The public hearing was opened at 8:36 p.m. There were no comments. The Public Hearing was closed at 8:36 p.m. 8. Public Hearing on the voluntary annexation into the City for 0.415 acres of Right of Way, more or less, in the Joseph P. Pulsifer Survey and Clement Stubblefield Survey, for CR 265 Right of Way -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek explained the item. The public hearing was opened at 8:38 p.m. There were no comments. The Public Hearing was closed at 8:38 p.m. 9. Public Hearing on the voluntary annexation into the City for 5.772 acres of Right of Way, more or less, in the Joseph P. Pulsifer Survey, for Wolf Ranch Parkway Right of Way -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek explained the item. The public hearing was opened at 8:39 p.m. There were no comments. The Public Hearing was closed at 8:39 p.m. FF Second Readings 1. Second Reading of an ordinance amending the 2005/06 Annual Operating Plan Element (Budget) for various mid -year adjustments relating to grants, projects, and capital improvements -- Micki Rundell, Director of Finance and Administration Brandenburg read only the caption of the ordinance on second reading. Motion by Oliver, second by Eason to approve Ordinance 2006-44. Approved 6-0 (Smith Absent) 2. Second Reading of an ordinance amending Chapter 10.16 of the Code of Ordinances regarding parking to establish a 'residential parking zone" on portions of E. 7th Street, E. 8th Street, Olive Street, and Smith Creek Road; and directing the City Manager to erect appropriate signs indicating City Council Meeting Minutes/May 23, 2006 Page 12 of 13 Pages such zones -- Tom Yantis, Assistant City Manager Yantis read only the caption of the ordinance on second reading. Motion by Eason, second by Carr to approve Ordinance 2006-45. Approved 6-0 (Smith Absent) 3. Second reading of an ordinance adopting the Garey Park Master Plan as an element of the Parks, Recreation and Open Space Master Plan -- Randy Morrow, Director of Community Services Morrow explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Eason to approve Ordinance 200646. Approved 6-0 (Smith Absent) Motion by Sansing, second by Berryman to adjourn. The meeting was adjourned at 09:20 PM. Apprfed y Mayor G y Neon City Council Meeting Minutes/May 23, 2006 Page 13 of 13 Pages Attest: City irley J. Rinn, Deputy