HomeMy WebLinkAboutMIN 05.09.2006 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: " Council Absent.
Patty Eason, Gabe Sansing, Doug Smith, Henry All Councilmembers present
Carr, John Kirby, Farley Snell, Ben Oliver
1 11
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; Bobby
Ray, Director of Community Development; Ed Polasek, Chief Long Range Planner; Laurie Brewere,
Assistant Director of Finance and Administration; Mark Thomas, Economic Development Director;
Melissa McCollum, Current Planner; Kimberly Garrett, Parks and Recreation Director; Randy Morrow,
Director of Community Services; 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
B 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.
C Sec.551.074 Personnel Matters
- Annual Performance Evaluation and Compensation Review of City Manager
There was no Executive Session held at this meeting.
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.)
D Call to Order
The meeting was called to order at 6:01 p.m.
E Pledge of Allegiance
City Council Meeting Minutes/May 9, 2006
Page 1 of 9 Pages
Mayor Nelon led the Pledge.
F Comments from the dais
- Welcome to Audience and Opening Comments -- Mayor Gary Nelon
- Review of procedure for addressing the City Council
Mayor Nelon welcomed the audience and gave a brief review of meeting procedures.
Announcement of vacancies on Library and Parks Boards
Mayor Nelon announced the vacancies.
Presentation of a
Proclamation
honoring Faith in
Action Caregivers -
Georgetown
Mayor Nelon
presented the
proclamation to
Kathy Backus of the
Faith in Action Caregivers.
Presentation of a Proclamation for Police Appreciation Week
Mayor Nelon presented the proclamation to officers of the Georgetown Police Department.
G Announcements and Comments from City Manager
Brandenburg made the following announcements:
- The General Election will take place on Saturday, May 13, to elect a Councilmember from District 5.
The candidates are Pat Berryman and Mike Jackson. The incumbent Councilmember for District 1,
Patty Eason, is unopposed, and will therefore be elected by acclamation. For more information about
the election, go to the City's website or contact the City Secretary at 930-3651.
- The City is taking applications for the Georgetown Citizen Academy. For more information, go to the
City's website or contact Shirley Rinn at 930-3723. The deadline for submitting applications is May 15.
- The City is accepting applications from eligible agencies for social service funding for the City's
2006-2007 fiscal year. For more information, go to the City's website or contact Shirley Rinn at
930-3723.
- The Georgetown Police Department has launched a new web tool to provide police call statistics at
the neighborhood level. The online tool is called CADmine. A link is provided on the City's website.
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
Motion by Smith, second by Eason to increase City Manager Paul Brandenburg's salary by 5%l
effective with first pay period of 2006/2007 fiscal year and to increase the City Manager's car allowance
to $8,000 annually, effective with the first paycheck of the 2006/2007 fiscal year.
Kirby said he has no problem with a salary increase for the city manager, but has a problem with the
process in the way it was handled last night in Executive Session. He asked the Mayor to tell the total
salary and Nelon responded that the City Manager receives an annual salary of $139,200 with $4800
car allowance. Kirby asked how that compares with other cities. Nelon explained that a survey is done
every two years and last year, his salary was within the range. Kirby said his problem was that the
salary discussion was held in the presence of the City Manager. He said he also thinks a comparison
should be done every year. Motion by Kirby to amend that this go back for review of what other city
managers are being paid. Kirby's motion to amend died for lack of second. Nelon noted that the
comparison will be done next year, and said he agrees that the discussion should be held in private
next year. Vote on the motion: 6-0. (Kirby abstained)
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, April 24,
and the Council Meeting on Tuesday, April 25, 2006 -- Sandra D. Lee, City Secretary
Nelon noted that Lee has confirmed with Council that corrections have been made as suggested by Snell.
K Consideration and possible action to accept the mid Year Status Report to Council -- Micki Rundell,
Director of Finance and Administration and Paul Brandenburg, City Manager
City Council Meeting Minutes/May 9, 2006
Page 2 of 9 Pages
L Consideration and possible action concerning the dedication of a 20° wastewater utility easement across
Georgetown Municipal Airport property in connection with the Pecan Branch Wastewater Interceptor --Phase
IV project -- Jim Briggs, Assistant City Manager for Utility Operations
M Agreements
1. Consideration and possible action regarding the Second Amendment to the TASUS Abatement
Agreement -- Micki Rundell, Director of Finance and Administration
2. Consideration and possible action to amend the development agreement with 500 South Austin
Avenue, LP to extend the construction commencement date by 60 days -- Tom Yantis, Assistant City
Manager
N Grants
1. Consideration and possible action to grant permission to the Georgetown Public Library to accept a
grant of $2,500 from the 2005 Texas Book Festival -- Eric Lashley, Library Services Director and
Randy Morrow, Director of Community Services
2. Consideration and
possible
acceptance
of the Grant of $3,600.00 from the Texas Commission on
Fire
Protection
--
Anthony
Lincoln,
Chief
Fire
3. Consideration and possible action to authorize staff to prepare a grant application to Texas Parks and
Wildlife to renovate Pickett Trail -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow,
Director of Community Services
O Voluntary Annexations
1. Consideration of a resolution granting a petition and setting public hearing dates for 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
2. Consideration of a resolution granting a petition and setting public hearing dates for 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
3. Consideration of a resolution granting a petition and setting public hearing dates for 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
4. Consideration of a resolution granting a petition and setting public hearing dates for 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 Lands -- Bobby Ray, AICP, Director Planning and Development and Edward G.
Polasek, AICP, Principal Planner (pulled to U-1 on Regular Agenda)
Motion by Snell, second by Kirby to approve the Consent Agenda in its entirety. Approved 7-0.
Council will individually consider and possibly take action on any or all of the following items:
P Discussion and possible action regarding review of the City Council's current policy on Community/Social
Service Funding and its current Funding Guidelines for Social Service Funding -- Farley Snell,
Councilmember
Snell said he placed this item on the agenda so Council could have another opportunity to look at the
guidelines. Smith suggested that the Boys and Girls Club and the Georgetown Project be funded in a
different way because they don't fit the criteria for social service funding; and he said he would like to see
City Council Meeting Minutes/May 9, 2006
Page 3 of 9 Pages
those two programs included in the budget. Snell said he agrees that funding for children should be added
to the budget. He said Council had received a letter from Barbara Pearce of the Georgetown Project
requesting that an item be added to the agenda under Parks and Recreation. He suggested that an item
should come forth on the next agenda to consider an item on the budget to fund children's programs. Smith
said he agrees and it should be separate from social services. Sansing said there are problems in
Georgetown because there are no activities in the community for after school and during the summer.
Smith said he was thinking of neighborhood programs because many kids don't live within walking distance
of the Recreation Center. Motion by Snell, second by Smith to approve the current policy and current
funding guidelines for Social Service Funding. Approved 7-0.
Q Discussion and possible action to direct City Staff to review Chapter 8.32 of the Code of Ordinances relating
to "Smoking in Public Places" and to delete the section pertaining to exemptions -- Councilmember Ben
Oliver
Motion by Oliver, second by Snell to instruct staff to move forward to amend the smoking ordinance after
staff receives input from some of the parties that would be affected.
Speaker, Cindy Antolik, former Director of Government Relations for the Cancer Society and Director of
Community Relations. She said the City should be commended for wanting a smoke-free city and for being
concerned about the health of the citizens. She said she would like to be a resource for the City.
Speaker, Leona Resteiner, told Council she has experience in getting ordinances passed to remove
smoking from public places. She said she worked with a physician that has verified that second-hand
smoke is detrimental to non-smokers. She said the entire country of Ireland is smoke-free because of the
health issue. She offered to assist the City.
Speaker, Jennifer Smith, said she has worked in the service industry for the last eight years. She said she
has witnessed the effect of smoking bans on restaurants and bars. She said she feels a ban on smoking is
a ban on fundamental freedom.
Speaker, Dick Sanders, recalled discussion about there not being enough activities for youth in Georgetown
and said he feels there's not enough activity for older citizens either. He said he enjoys the opportunity to
smoke and have a beer after dinner.
Speaker, Judy Pouncey, told Council she is a volunteer with American Cancer Society, and an almost
20 -year cancer survivor. She said she has learned that smoking is one of the biggest health hazards. She
said workers in restaurants have a much higher percentage of lung cancer. She said second-hand smoke
is responsible for 53,000 deaths in the U.S. each year. She said a banner of signatures from the Relay for
Life will be taken to Washington, D.C.
Motion by Eason, second by Sansing to amend the motion that since members of the Georgetown
Chamber of Commerce will be invited to attend the public meetings regarding smoking in public places, that
the City also invite representatives from the Cancer Society to attend the public meetings as well. Vote on
the amendment: Approved 7-0. Vote on the original motion as amended: Approved 7-0.
R Consideration of a resolution ordering Atmos Energy Mid -Tex Division to show cause regarding the
reasonableness of its existing natural gas distribution rates within the City; selecting attorneys and
consultants; making other findings and provisions related to the subject; and declaring an effective date --
Jim Briggs, Assistant City Manager for Utility Operations
Briggs noted that Items R and S both have to do with an increase in rates from Atmos Energy. He said in
September 2004 Atmos purchased TXU Gas who had a franchise to operate in Georgetown. He noted that
the City does not set the gas rates, saying those are set by the Railroad Commission. Motion by Snell,
second by Sansing to approve the resolution. Approved 7-0.
S Consideration of a resolution authorizing the suspension of the effective date until July 14, 2006, for the gas
reliability infrastructure program adjustments for calendar year 2005 proposed by Atmos Energy
Corporation's Mid -Tex Division; authorizing the City's participation in a coalition of cities known as Atmos
Texas Municipalities ("ATM"); selecting lawyers and rate experts; and making other findings and provisions
related to the subject; and declaring an effective date -- Jim Briggs, Assistant City Manager for Utility
Operations
City Council Meeting MinutesfMay 9, 2006
Page 4 of 9 Pages
Briggs explained the item, saying this resolution authorizes the City to enter into a filing with the Railroad
Commission regarding appropriateness of rates. Motion by Kirby, second by Oliver to approve the
resolution. Approved 7-0.
T Second Readings/Public Review Final Plats
1. Second Reading of an Ordinance Amending Chapter 2.100 of the Code of Ordinances repealing
provisions relating to the Economic Development Commission and establishing a new Economic
Development Advisory Board; stating the number, term and qualifications of board members;
requiring an operating plan; stating the purpose of the Board; describing the reporting structure for the
Board; and approving the Board's 2006 Operating Plan -- Mark Thomas, Economic Development Director
and Paul Brandenburg, City Manager
Thomas read only the caption of the ordinance on second reading, and noted the purpose of the
ordinance was to change the original Economic Development Commission, an eleven -person
commission, to an Economic Development Advisory Board, a seven -member board. He said the
original members of the new board will be the remaining five members of the Economic Development
Commission. He said it has been determined that at least one of the members should have experience
in each of the following specific areas of focus, those being: business retention and expansion, land
and property, business recruitment, inter -business and inter -governmental entity relations; retail; and
infrastructure. He said the remaining member shall be appointed as a citizen -at -large position.
Motion by Carr, second by Sansing to approve Ordinance 2006-33. Approved 7-0.
2. Second Reading of an Ordinance amending Chapter 12.40. of the Code of Ordinances of the City of
Georgetown entitled City Cemeteries -- Paul E. Brandenburg, City Manager
Brandenburg explained the item and read only the caption of the ordinance on second reading. He
said he thinks the City has another seven or eight years of selling cemetery plots. There were
questions and comments from the Council. Eason asked about urns, and Brandenburg said an urn
section will be in the additional 400 lots. Motion by Sansing, second by Eason to approve Ordinance
2006-34. Approved 7-0,
3. Second Reading of an ordinance amending Title 10 of the Code of Ordinances relating to vehicles,
adding a new subsection 10.04.080 titled Vehicle Idling -- Tom Yantis, Assistant City Manager
Yantis read only the caption of the ordinance on second reading. Motion by Sansing, second by
Eason to approve Ordinance 2006-35. Approved 7-0.
4. Second Reading of an Ordinance Amending the following Sections of the Unified Development Code:
1.03.C. - "Applicability", 1.03.D. - "Applicability", Table 1.04.040 - "Zoning District Names and
Standards Changes", Table 2.01.020 - "Summary of Review Authority", 2.02.01 0.13.1.d. — "Director of
Planning and Development Services", 2.02.01 0.13.1.e. — "Director of Planning and Development
Services", 2.02.040.8. — "Building Official", 3.09.070 — "Site Plan Review", 3.12.040 — "Master Sign
Plan", 3.13.010 — "Certificate of Design Compliance", 3.13.020 — ""Certificate of Design Compliance",
Table 4.01.010 — "Zoning Districts", 4.04.020.C. — "Non -Residential Districts", 4.04.020.H. — "Non -
Residential Districts, 4.04.020.1. - "Non -Residential Districts, 4.04.030.A.6.a. — "Special Districts",
4.05.040.D.11 — "SP Standards for Williams Drive (F.M. 2338), 4.06.010.F. — "Downtown Overlay
District Standards", Table 5.01.020 — "Types of Uses", 6.02.010 — "Residential Development
Standards", Table 6.02.030 — "Housing Type Dimensional Standards", Table 6.03.020 — "Non -
Residential Dimensional Standards", 6.03.040.B.1. — "Non -Residential Lot Dimensions Interpretations
and Exceptions", 7.03.020.E.1. —Requirements for Residential Housing Types", 7.03.060 — "Boundary
Walls for Residential Subdivisions", Table 9.02.030.A. — "Off Street Parking Requirements",
9.02.060.H. — "Alternative Parking Plans in the Downtown Overlay District", 10.03.010.A. — "Exempt
Signs", 10.03.020.H.- "Provisionally Exempt Signs", Table 10.06.010 — "Sign Dimensional Standards",
10.07.010 —"Private Property", 11.02.010.A. — "Impervious Cover Limitation Established", 12.02.020.1.
— "General Requirements", 13.01.050 — "Subdivision Development Exemption", 13.04.070 — "Utilities in
Rural Subdivision", 13.06.030 — "Sanitary Sewer System", 14.04.010 — "Compliance for Nonconforming
Structures", 16.03.050.F. — "Commercial Use Categories", and 16.04 — "Definition of Uses" -- Bobby
Ray, AICP, Director Planning and Development
Ray noted
the
Council -requested changes that were made after the first reading. He
read only the
caption of
the
ordinance on second reading. Motion by Kirby, second by Sansing to
approve
City Council Meeting Minutes/May 9, 2006
Page 5 of 9 Pages
Ordinance 2006-36. Approved 7-0.
5. Second Reading of an Ordinance Amending Chapter 8 of the Unified Development Code (UDC)
pertaining to "Landscaping and Buffering" -- Bobby Ray, AICP, Director Planning and Development
McCollum explained some Council -requested changes that were incorporated into the ordinance.
Sansing said he thinks the property owner should receive some kind of credit for removing certain
trees. Motion by Sansing, second by Eason to approve amending Chapter 8 of the UDC. Sansing
said he would like to have a heritage tree ordinance and would also like to have the police department
look at environmental design such as shrubbery fencing in regards to safety for line -of -site protection
and crime prevention. McCollum said they would like to include the police department in the
Development Review Committee Meeting. Motion by Sansing, second by Smith to amend to add
police review to the planning process. Smith said he thinks someone else should review and confer
with the police department if their input is needed, rather than the police having to review. Vote on the
amendment: Denied 6-1. (Eason, Smith, Carr, Kirby, Snell and Oliver opposed) Eason said the
terminology for the trees to be eradicated is "invasive" not "evasive." Eason confirmed that the City
arborist/urban forester reviewed the list. Ray said the urban forester will look at it again, and it will
come back to Council for a second round of changes. Snell confirmed that according to the UDC
amendment rules, this will not be looked at again for a year unless there is an emergency. Yantis said
if staff brought back a 'round two" for this ordinance in a month from now, the Council could look at it
as a continued look at this particular ordinance. Motion by Snell, second by Sansing to amend the
original motion that Chapter 8 and appropriate portions of Chapter 11 be brought back to Council for
future action. Approved 7-0. Sansing said he wants some kind of credit to be given for the eradication
of invastive trees, such as cedar, mesquite, china berry, and hackberry. Yantis said the wording says
those trees must be removed, but no credit is given. Snell asked for clarification and there was further
discussion of the comparison of pervious or impervious coverage. Vote on original motion as
amended: Ordinance 2006-37 approved 6-1. (Sansing opposed)
6. Second Reading of an Ordinance on a Comprehensive Plan Amendment to change the Future
Land Use from Commercial, Mixed, and Residential to TOD Mixed Use Area for portions of several
properties in the William Addison Survey and L.J. Dyches Survey to be known as the TOD Mixed Use
Area, located around the intersection of Inner Loop and Maple Street and change the Thoroughfare
Plan to add a light rail line along Maple Street for several properties in the William Addison Survey, J.
Robertson Survey, and J. Mott Survey, located along the proposed Maple Street Extension south of
inner loop to the southernmost limit of the Georgetown ETJ -- Edward G. Polasek, AICP, Development
Planner and Bobby Ray, AICP, Director Planning and Development
Polasek explained the item and read only the caption on second reading. Motion by Eason, second by
Smith to approve Ordinance 2006-38. Oliver clarified that this ordinance has nothing to do with the
Holly Street transit station. Eason said she and Polasek attended the recent Austin -San Antonio Rail
Council Meeting and said that Georgetown gained substantial points because this ordinance approved
on first reading. Vote on the motion: Approved 7-0.
7. Second Reading of an Ordinance Rezoning Legend Oaks Section 11, Lots 1 through 6 from RS,
Residential Single -Family and AG, Agriculture to C-1, Local Commercial located on the south side of
State Highway 29, east of River Chase Boulevard -- Bobby Ray, AICP, Director Planning and
Development
Ray explained
the item
and read only the caption of
the
ordinance on second reading. Motion by
Smith, second
by Carr
to approve Ordinance
2006-39.
Approved 7-0.
*Mayor Nelon recused himself for the following items, and left the dais.
Mayor Pro Tem Doug Smith conducted Items T-8 through U-1
(*as amended by Smith at the June 13, 2006 Council Meeting)
8. Second Reading of an Ordinance on a Comprehensive Plan Amendment for 1222.6 acres in the
Fredrick Foy and Lewis P. Dyches Surveys to be known as the Cowan Springs development, located
north and west of Sun City Georgetown, to amend the Future Land Use Plan for 213.4 acres from
Residential to Office/Retail/Commercial use, 60.0 acres from Residential to Mixed Use and 15.0 acres
of Williams Drive Mixed Use and 19.4 acres of Industrial to Residential, and to amend the Intensity
Plan from Level I and Level 2 to 757.5 acres at Level 3, 60.0 acres at Level 4, and 213.4 acres at
City Council Meeting Minutes/May 9, 2006
Page 6 of 9 Pages
Level 6 -- Edward G. Polasek, AICP, Development Planner and Bobby Ray, AICP, Director Planning
and Development
Polasek explained the timing. He read only the caption of the ordinance on second reading. Motion
by Sansing, second by Carr to approve Ordinance 2006-40. Snell asked for clarification about the
timeline on the various items with Sun City. City Attorney, Patricia Carls, said she thinks there is a
problem between Developer, Bob Wunsch, and Sun City, which creates a contingency on the City's
approval. She said it is expected that the problem will be resolved with Wunsch by July 30.
Speaker, Bob Wunsch, said he thinks the problems will be resolved soon.
Snell confirmed that the Comprehensive Plan Amendment and the Development Agreement must be
signed and in place before the City can adopt this ordinance. Wunsch said he thinks the agreement is
very close to being accepted. Snell asked and Todd Jansen of Del Webb responded that there were
agreements made between Waterstone and Del Webb that need to be met. Jansen said he is very
anxious to get approved quickly because construction can't begin on a neighborhood until the 8th
Amended Concept Plan and 8th Amended Development Agreement have been signed.
Kirby asked
and Wunsch agreed that there would be deed restrictions and a
homeowners' association,
saying that was not done at Berry
Creek. Wunsch explained that he bought
that subdivision already in
place
and
in
order
to establish
an
association
at
that
point,
there needed
to
be 100%
participation.
Vote on the motion: Approved 7-0.
9. Second Reading of an Ordinance Rezoning from AG — Agricultural to PUD - Planned Unit
Development for 22.537 acres in the Fredrick Foy Survey to be known as Sun City Georgetown,
Neighborhood Forty -Two, located north of Neighborhood 44 and Dry Creek Boulevard, west of Sun
City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director
Planning and Development
McCollum noted that Items 9 and 10 are related. She read only the caption of the ordinance on second
reading. Motion by Sansing, second by Oliver to approve Ordinance 200641, contingent on the
signing of the 8th Amended Concept Plan and 8th Amended Development Agreement. Approved 7-0.
10. Consideration and possible action on a Public Review Final Plat for 22.537 acres in the Fredrick Foy
Survey to be known as Sun City Georgetown, Neighborhood Forty -Two, located north of
Neighborhood 44 and Dry Creek Boulevard, west of Sun City Boulevard. -- Melissa McCollum, AICP,
Development Planner and Bobby Ray, AICP, Director Planning and Development
McCollum explained the item. Motion by Sansing, second by Carr to approve the Public Review Final
Plat, contingent on the signing of the 8th Amended Concept Plan and 8th Amended Development
Agreement. Approved 7-0.
11. Second Reading of an Ordinance Rezoning from AG — Agricultural to PUD - Planned Unit
Development for 34.846 acres in the Fredrick Foy Survey to be known as Sun City Georgetown,
Neighborhood Forty -Three, located north of Neighborhood 44 and Dry Creek Boulevard, west of
Neighborhood Forty -Two -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP,
Director Planning and Development
McCollum noted that Items 11 and 12 are related. She read only the caption of the ordinance on
second reading. Motion by Carr, second by Kirby to approve Ordinance 2006-42, contingent on the
signing of the 8th Amended Concept Plan and 8th Amended Development Agreement. Approved 7-0.
12. Consideration and possible action on a Public Review Final Plat for 34.846 acres in the Fredrick Foy
Survey to be known as Sun City Georgetown, Neighborhood Forty -Three, located north of
Neighborhood 44 and Dry Creek Boulevard, west of Neighborhood Forty -Two. -- Melissa McCollum,
AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development
McCollum explained the item. Motion by Sansing, second by Oliver to approve the Public Review
Final Plat, contingent on the signing of the 8th Amended Concept Plan and 8th Amended Development
Agreement. Approved 7-0.
City Council Meeting Minutes/May 9, 2006
Page 7 of 9 Pages
13. Second Reading of an Ordinance Rezoning from AG — Agricultural to PUD - Planned Unit
Development for 46.705 acres in the Fredrick Foy Survey to be known as Sun City Georgetown,
Neighborhood Forty -Six, located west of Neighborhood Forty -Three, north of Dry Creek Boulevard,
and west of Sun City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray,
AICP, Director Planning and Development
McCollum noted that Items 13 and 14 are related. She read only the caption of the ordinance on
second reading. Motion by Carr, second by Oliver to approve Ordinance 2006-43, contingent on the
signing of the 8th Amended Concept Plan and 8th Amended Development Agreement. Approved 7-0.
14. Consideration and possible action on a Public Review Final Plat for 46.705 acres in the Fredrick Foy
Survey to be known as Sun City Georgetown, Neighborhood Forty -Six, located west of
Neighborhood Forty -Three, north of Dry Creek Boulevard, and west of Sun City Boulevard. -- Melissa
McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development
McCollum explained the item and said staff is supportive. She said approval would be contingent on
the signing of the 8th Amended Concept Plan and 8th Amended Development Agreement. Motion by
Carr, second by Sansing to approve the Public Review Final Plat, contingent on the signing of the 8th
Amended Development Agreement. Approved 7-0.
0-4. Consideration of a resolution granting a petition and setting public hearing dates for 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 Lands -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP,
Principal Planner (pulled to U-1 on Regular Agenda)
Motion by Oliver, second by Sansing to approve the resolution to grant the petition and set the public
hearing dates for voluntary annexation of the Sun City Northern Lands. Approved 7-0,
U Public Hearings for Voluntary Annexation
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 7:39 p.m. There were no comments.
The Public Hearing was closed at 7:39 p.m.
Mayor Nelon returned to the dais.
2. 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 7:40 p.m. There were no comments.
The Public Hearing was closed at 7:40 p.m.
3. 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 7:41 p.m. There were no comments.
The Public Hearing was closed at 7:41 p.m.
4. 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 said the property should be annexed
by the
time
construction of
this
right of
way is complete.
The Public Hearing was opened at 7:42 p.m.
There
were
no comments.
The
Public
Hearing was
City Council Meeting Minutes/May 9, 2006
Page 8 of 9 Pages
closed at 7:42 p.m.
V First Readings
1. First Reading of an ordinance amending the 2005106 Annual Operating Plan Element (Budget) for
various mid -year adjustments relating to grants, projects, and capital improvements -- Micki Rundell,
Director of Finance and Administration
Brewer explained this ordinance adopts the adjustments discussed at last night's workshop. She read
only the caption of the ordinance on first reading after having satisfied the requirements of the City
Charter. Motion by Snell, second by Eason to approve the ordinance on first reading. Approved 7-0.
2. First Reading of an ordinance revising several provisions in Chapter 14.12 of the City Code of
Ordinances relating to the City's Cable Television Franchise -- Patricia E. Carls, City Attorney
Carls explained the item and read only the caption of the ordinance on first reading after having
satisfied the requirements of the City Charter. She reviewed the changes to the Code Chapter.
Motion by Kirby, second by Sansing to approve the ordinance on first reading. Carls noted that
Cebridge has changed their name and that will be incorporated on second reading. Approved 7-0.
3. First 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 such zones --
Tom Yantis, Assistant City Manager
Yantis read only the caption of the ordinance on first reading after having satisfied the requirements of
the City Charter. He explained this is a result of the rezoning item request of the residential
neighborhood near Southwestern University. Motion by Eason, second by Oliver to approve the
ordinance on first reading. Approved 7-0..
W Consideration and possible action to accept and approve the recommendations from the Council
Compensation Committee -- Sandra D. Lee, City Secretary
Motion by Kirby, second by Smith to approve the recommendation from the Council Compensation
Committee which was to keep the compensation the same as it is now at $200 per month for
Councilmembers and $350 per month for the Mayor. Approved 7-0.
The meeting was adjourned at 07:50 PM.
WE
ayor Cp"y Nelon
City Council Meeting Minutes/May 9, 2006
Page 9 of 9 Pages
Attest:
Secretary Sandra Lee
Agenda Item No. 'i - Lt s
STATE OF TEXAS )
CONFLICT OF INTEREST AFFIDAVIT
COUNTY OF WILLIAMSON )
reside at ,�0
I am a membe°r of the _ isu�t (City Council or narne of City board,
committee or convnission)of the City of Georgetown, and I hereby make this affidavit and on my oath state the following:
"I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or
Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as
defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances)
and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is
identified and described on the above -referenced agenda item.
"I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable).
A. "Substantial Interest"
I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or
shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity.
I or a
person
related to me in
the first or second degree have an
ownership of $15,000 or more of the fair market
value
of the
business entity.
market
value of $2,500 or
I or a person related to me in the first or second degree received funds from the business entity in excess of 10% of
my/his/her gross income for the previous year.
I or a person related
to me in
the first or second
degree
have an equitable
or legal
ownership or interest in real
property with a fair
market
value of $2,500 or
more.
B. "Economic Interest"
I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of
Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or
contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable
persons to have weight in deciding a case or an issue.
C, "Other"
For reasonsother than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other
reason) 12i C� rz. f c : 51 -
"Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation,
discussion and voting involving the matter identified in the above -referenced agenda item whatsoever.
Further, Affiant sayeth not."
AffiE
Print
Date
BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the
facts hereinabove stated are true to the best of his/her knowledge or belief.
SWORN TO AND SUBSCRIBED before me on this #6- day of
SANDRA D. LEE
MY COMMISSION EXPIRES
January 3, 2010
Notary Public in and for
County of Williamson
200R`
of Texas
THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING. IF AFFIANT HAS CHECKED ANY OF THE ITEMS UNDER
SECTION "A" RELATING TO "SUBSTANTIAL INTEREST," A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARY FOR THE
CITY OF GEORGETOWN.
Conflict of Interest Affidavit
Rev. 8/25/2004