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HomeMy WebLinkAboutMIN 03.28.2006 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: it Council Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry All Council present Carr, John Kirby, Farley Snell, Ben Oliver Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Bobby Ray, Director of Planning and Development; Melissa McCollum, Current Planner II; Eric Lashley, Library Director; Anthony Lincoln, Fire Chief; Clay Shell, Assistant Fire Chief; Ronnie Sandefur, Fire Inspector; Kevin Stofle, Assistant Police Chief; Glenn Dishong, Water Services Manager; Mark Miller, Transportation Manager; Micki Rundell, Director of Finance and Administration; 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.551.087: 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. B 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 - Henderson v. City of Georgetown and Bishop Gregory Aymond for the Dioceses of Austin , Cause No. A06CA082 SS; United States District Court, Western District of Texas - Discussion and possible action regarding the audit of the franchise agreement with Cox Communications, Inc. and regarding the possible assignment to Cequel III (Cebridge Connections). - Discusion and possible action regarding the Del Webb/Sun City Development Agreement and the proposed Eighth Amendment. Regular Session m 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.) C Call to order City Council Meeting Minutes/Tuesday, March 28, 2006 Page 1 of 13 Pages The meeting was called to order at 6:02 p.m. D Pledge of Allegiance Mayor Nelon led the Pledge. E 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 overview of meeting procedures. - Presentation of Arts and Culture Board Certificates of Excellence to the Heritage Society for the Holiday Homes Tour, and to Southwestern University Theatre Faculty for the production of "The Glass Menagerie." Mayor Nelon recognized the Georgetown Heritage Society for the Holiday Home Tour. Heritage Society President, Eugenia Harrell, and Home Tour Chair, Virginia Stubbs, accepted the Certificate. Mayor Nelon recognized the theatre faculty of Southwestern University for their production of Glass Menagerie. Kathleen Juhl accepted the certificate for the theatre faculty. F Announcements and Comments from City Manager Brandenburg made the following announcement: Events for the Texas Hill Country Wine & Food Festival will take place in Georgetown April 6-9, 2006. A limited number of tickets for the event are on sale at the Georgetown Visitors Center. The family -friendly Sunday Fair will be held in Georgetown at San Gabriel Park on April 9. Tickets for Sunday Fair are $45 for those age 21 or older. Tickets can also be purchased online at the Texas Hill Country Wine & Food Festival website at www.texaswineandfood.org. Tickets for those ages 5 to 20 are $10, and can be purchased online or at the gate, but are not available at the Visitors Center. For more information about the Festival, please visit our website at www.visitgeorgetown.org or contact the Visitors Center at 930-3545. G Public Wishing to Address Council - Keith Peshak, regarding "aluminum clearing a path to Williams Drive." Peshak gave his definitions of "Ignorance and stupid" and gave his opinion of actions at the Georgetown Municipal Airport. - Keith Peshak, regarding "what happens when you speak before the City Council about something that they do not want to hear -- among other things a S.W.A.T. raid by the Georgetown police at your house outside the city limits without probable cause, a warrant, or a complaint." Peshak gave an accounting of an incident involving the Georgetown Police Department that he said occurred at his house outside the city limits in June, 2004. H Action from Executive Session Motion by Smith, second by Eason that the City Council support the proposal from the Georgetown Economic Development Corporation (GEDCO) to enter into a performance agreement with a company locating in downtown Georgetown, with terms consistent with those discussed in Executive Session last night; and for the staff to prepare such agreement and present it to the GEDCO Board and City Council for final approval. Approved: 7-0 �► • • • - •' The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. Consideration and possible action to approve the minutes of the Council Workshop on Monday, March 13, and the Council Meeting on Tuesday, March 14, 2006 -- Sandra D. Lee, City Secretary J Consideration and possible action to review and accept an agreement between the City of Georgetown and the Capital Area Council of Governments (CAPCOG) for the use of the Emergency Notification System -- Kevin Stofle, Assistant Police Chief and David Morgan, Police Chief K Consideration and possible action to authorize staff to prepare applications for Statewide Transportation Enhancement Program funds from the Texas Department of Transportation -- Tom Yantis, Assistant City Manager City Council Meeting Minutes/Tuesday, March 28, 2006 Page 2 of 13 Pages L Consideration and possible action on a Preliminary Plat of 98.338 acres in the Barney C. Low Survey to be known as Teravista Subdivision, Section 310, 311, 312 and 313, located southwest of the intersection of FM 1460 and Westinghouse Road -- Carla J. Benton, Development Planner and Bobby Ray, AICP, Director of Planning and Development M Consideration and possible action on a Preliminary Plat of Horizon Commercial Park, a Resubdivision of Block A, Lot 1 located at FM 1460 and High Tech Drive -- Carla J. Benton, Development Planner and Bobby Ray, AICP, Director of Planning and Development N Consideration of a Resolution authorizing the Release of a Special Assessment Lien against property currently owned by Jo Ann Wade Lambert located at 1801 Eubank Street -- Patricia E. Carls, City Attorney O Consideration and possible action to approve the assignment of an airport ground lease at 501 Wright Brothers Drive from Tom Walters to Lightning Ranch Holding Co., LLC. -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Motion by Sansing, second by Smith to approve the Consent Agenda in its entirety. Approved 7-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: It was determined that Items X-1 through Y-6 would be brought forward at this time. Mayor Nelon recused himself and left the dais. Mayor Pro Tem Doug Smith conducted Items X-1 through Y-6. X-1. Sun City Texas 8th Amended Development Agreement and 8th Amended Concept Plan Public Hearing on the 8th Amended Development Agreement and 8th Amended Concept Plan for Sun City Texas, for 4,065.2 acres in the Frederick Foy Survey and other surveys, and on variances to the Subdivision Regulations related to connectivity, and revisions to the Planned Unit Development ("PUD") zoning standards to allow a Zero Lot Line product, revise the standards of the Cluster Lots, and deletelremove the Garden Lot standards currently allowed in the PUD standards -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development Brandenburg explained that the 8th amendment was initiated by Del Webb due to their desire to expand the Sun City Development with an additional section of homes. He outlined the issues that were covered in the Special Workshop held on Thursday, March 23. He recommended to Council that the 8th Amendment be adopted. His report is attached to these minutes. 6:36 p.m. -- recessed in order to provide audio to the citizens outside watching the meeting through the windows 6:45 p.m. -- resumed It was announced that Items Y-14 and Y-15 were pulled by the applicant for consideration at the next Council Meeting. Mayor Pro Tem Doug Smith announced that the official capacity of the room, according to the Fire Code, is 120 people seated, and If any in the audience were not seated in a chair, according to the Fire Code they would need to leave the building. A television monitor had been placed in the lobby of the building to broadcast the Council Meeting as it was being taped. Some people left the Council Chambers voluntarily. Others had to be asked to leave by the Fire Marshall and the Assistant Police Chief. Brandenburg asked Fire Chief Anthony Lincoln to speak regarding the proposed placement of additional fire stations and the model and rationale regarding the proposed locations. Lincoln gave an overview of the methods used in determining where fire stations would need to be placed and where access points should be in order to allow the fire stations to provide service. Brandenburg confirmed that National Fire Protection Association (NFPA) standards will allow the use of two stations instead of three, if placed as proposed. Brandenburg asked Melissa McCollum, Development Planner, to explain the proposed Concept Plan and attachments. McCollum displayed a map of the Concept Plan as presented by Del Webb for City review. She said Del Webb is removing approximately 1200 acres (reserved for the northern lands) and removing the previous buffer that was straddling Sun City Boulevard to the west. She said the removal of the buffer City Council Meeting Minutes/Tuesday, March 28, 2006 Page 3 of 13 Pages and the decision to add an additional 2500 units to their subdivision is the reason that staff asked for an amendment to the Development Agreement. She noted that staff is not supportive of three and only three exit points. She said the 8th Amendment calls for a total of six connection points, being three local streets and three main entrances/exits. She said the 8th Amendment also revises the standards for cluster and garden lot units. Brandenburg asked Carls to review the 8th Amendment as it compares to the existing Agreement. Carls said the 8th Amendment incorporates all of what staff has just described, removes the northern lands from the Development Agreement and clarifies that the project consists of 7500 age -restricted residential units located on approximately 4,000 acres. She said also included in the Agreement is the SIP fee, broken down into water/wastewater and parkland fees. Del Webb agrees to pay remaining stranded costs within 45 days. She said the Agreement details the utilities needed for potable and not -potable water and wastewater demands and speaks to the rights under the water/wastewater agreement in the 7th Amendment that may or may not be assigned to the owner of the northern lands. She said the 8th Amendment substitutes an 8th Amended Concept Plan for review of all future plats, saying there are Sun City "neighborhoods" coming forward to be approved on this agenda. She said the development regulations in the 6th Concept Plan remain, except as revised in Exhbit G. She said the 8th Amendment releases the northern lands from the project, and includes the termination of a water/wastewater agreement for the northern lands, separate from Del Webb land. She said Exhibit G describes the cluster lots and zero lot line houses. She said the 8th Amendment includes six connections (three main and three local streets) and a second fire station site on two acres donated by Del Webb. She said Del Webb has agreed to convey the property necessary and will construct the access road/driveway for the fire station. Mayor Pro Tem Smith noted that all of the 44 people who had registered to speak will be allowed to be heard, if they desire to speak, but suggested that people could note if someone before them has already made their point. The Public Hearing was opened at 7:01 p.m. Gary Newman, Director of Sun City Texas, the applicant, commented on the cooperation that exists between the City, the developer, and the residents. He said Del Webb would have preferred to stay with the 7th Amendment, but staff said the buffer being moved created the need for an 8th Amendment. He said Del Webb pays $8800 per home (stranded costs), although other developers pay $4800. He said Del Webb will be paying the impact fee, showing they are cooperating financially. He said Del Webb paid for a traffic impact analysis (TIA) study, which showed that it was acceptable to have only three connections. He noted that the City had a TIA done as well, and the three connections were still sufficient. He said Council overruled the additional connections in the 7th Amendment, and noted that the Planning and Zoning Commission voted 7-0 for only three connections. He asked Council to make the three local street connections go away or make them emergency access only. He asked that Council support that the Sun City Community wishes to be a unique, active, adult, safe, golf community. Speaker, Sam Gaines, told Council he moved here from California 15 months ago, and he expressed concern that the Police Department is understaffed for the Sun City area. He said he feels there are real problems out there. Speaker, Don Padfield, with an additional three minutes from Marilyn Ingram, said it is a privilege to serve on the Planning and Zoning Commission, especially with the vote of 7-0 to not approve the 8th amendment to the Del Webb Development Agreement. He said he thinks the Council should uphold the decision of the Planning and Zoning Commission. Speaker, Charles Graham, with additional minutes from Loretta Christensen, said the Council has done a lot of good planning, but he said the residents of Sun City want to feel safe and want to be limited to three major entrances. He said he wants a guarantee in writing that the issue of connectivity is solved. Speaker, Leonard Blumenthal, told Council he has lived in Sun City for nine years. He said he thinks that prior commitments should be honored, and asked Council to reaffirm the decision of the Planning and Zoning Commission. Speaker, Hal Jones, complimented the Mayor and Mayor Pro Tem, but said he thought Sun City had a deal, but now the issue is back again. He said he doesn't want "youngsters" speeding up and down in Sun City and running over "old people in golf carts." He suggested that this might be the proper time to go for disannexation. Speaker, David Marshall, told Council he works for Jimmy Jacobs Custom Homes. He said their development borders Sun City, and said he wants to get fire and police protection to their community as City Council Meeting Minutes/Tuesday, March 28, 2006 Page 4 of 13 Pages soon as possible. Speaker, Edward Kuhrah, distributed a letter to Council on the dais and said he has over 45 years experience in doing land development work. He said he is opposed to the additional three access points due to the potential increase in traffic and crime. He suggested that the access points be gated for emergency vehicles only or relocate the new fire station. He said a developer should do everything he can to not betray a trust. Speaker, Betty Jukes, said she understands that no matter what the rules and regulations are, the City Council has the right to change them. She took exception to the speaker from Jimmy Jacobs' Development because she said he and his residents would not have to pay for the street or the fire station. She suggested putting the fire station out on the perimeter instead of imbedded inside the subdivision. She noted that people in Sun City are working with the City on the Symphony and working with the school district and the University of Texas to bring talent to Georgetown. She asked Council to honor their commitment from before and reconsider the location of the fire station. Speaker, Judy Stanfield, was no longer present when her name was called. Speaker, Mike Cockerell, was no longer present when his name was called. Speaker, Cay Melanson, was no longer present when her name was called. Speaker, Byron Raynie, told Council he spends money here and has volunteered to work on the Red Poppy Festival. He said no one has had time to analyze the alternatives about the three accesses and the location of the fire station. He asked for a vote on "no connectivity," but if there must be a vote, delay, and detail the specific number of connection points to the residents through the Sun City Homeowners Association. Speaker, Jo Atkins, with additional minutes from Lynne McCubbin, said she wished the Sun City residents could get the same protection as trees, karst, and caves that are protected in the Agreement. She said she has asked for and received 1000 signatures in person and 77 by way of the internet on a petition to ask the City Council to honor the City's commitment contained in the 7th Amendment, stating that Sun City will have "three and only three entrances and exits." She said she went to the Census Bureau website, and using the estimated population from 2004, she picked out the towns that are Georgetown's size to find out how many fire stations they have; and almost every fire station is on a major artery, about four miles apart. She said she doesn't see any reason to have so many fire stations in the city. Speaker, Jack Stroobandt, with additional minutes from Connie Main, said there has not been enough time before this vote is to be taken. He said in 2003, there were town hall meetings, giving the residents time to decide what they could do about the issue. He said most residents feel that the three major access points are enough. He said there were a large number of people who didn't want the community expanded to 7500 units, saying they want a small quaint community. He asked, if the Council can't support Sun City tonight, table the issue for a later date. Speaker, Neil Sapper, was no longer present when his name was called. Speaker, Sue Jones, noted that she had yielded her time to Stroobandt. Speaker, Stephen Stanley, conceded his time. Speaker, Mary Jo Stanley, conceded her time. Speaker, Roger Wright, noted that he volunteers at the Library and at the Detention Center. He said he and his wife love Georgetown, but he feels that no matter how eloquently the people speak tonight, the Council will make their decision. He said he won't argue against what the Fire Chief says, but suggested the use of single -lane roads marked for emergency only and with electronic gates. Speaker, Kay Speck, told Council she moved here from Dallas. She said in Dallas when you go out to walk, you take a bat or a stick. She said in Sun City she doesn't have to carry a bat or stick. Speaker, Nancy Greathouse, with additional minutes from Dodie Ladwig, said she attended a previous council meeting and said she felt like an unwanted relative. She said she is concerned about any new connectivity to the slow-paced Sun City community. She said she contributes to the economics of City Council Meeting Minutes/Tuesday, March 28, 2006 Page 5 of 13 Pages Georgetown and votes for issues important to the City of Georgetown, such as quality services and quality schools. She said the restrictions in Sun City make her feel safe. She said the City Council should honor the promise of the 7th Amendment. She handed in 10 more names for the petition submitted previously by Jo Atkins. Speaker, Adirenne Padfield, with additional minutes from Carolyn Mahler, said she lived in Georgetown when she was a student at Southwestern. She asked why the same language from Amendment 7 was not used in Amendment 8. She said there are parallels in the history of this country with what is going on right now in Georgetown and sited the year 1776 and the American Revolution. She suggested that an 8th amendment not be done and 2500 additional homes not be allowed. She suggested that the development be capped at 5000 homes. She said they are doing fine now with over 4000 homes and only one entrance at Williams Drive and another one coming at SH195 in June. She read "eight points" from a letter that her husband had sent to the Council. Speaker, Karen Truxillo, was no longer present when her name was called. Speaker, Julie Tefft, said "Amen." Speaker, Paul Larson, said he "repeated what Julie said." Speaker, Bruce Collander, said he didn't need to speak. Speaker, John Sherman, said his thoughts had been expressed. Speaker, Ron Reimer, declined to speak. Speaker, Yvonne Slavage, declined to speak. Speaker, Stephen Burke, said many of his comments had already been made, but he said Brandenburg's statistics show that Sun City is paying its fair share of the taxes to support the City. He noted that they require no schools, and they don't ask for much. He said he was shocked to hear that the radius is 1 112 miles that a fire station should service. He said if that is applied to Sun City, it needs to be applied to the rest of Georgetown. He asked that the Fire Department respond to his challenge. Speaker, Hans Nieuwald, said he remembers the previous discussions in 2003, and he said he can get around anywhere in Sun City in his golf cart in 10 minutes and believes that a fire truck could get their even faster. He thinks there is a lot of room for compromise and suggested spikes and gated connections. He said he spends a lot of money in taxes. Speaker, Frank Miller, with additional minute from Ray Christenson, said he supports leaving the connectivity to three entrances, but if Council is going to "trump" them on that, he has another suggestion. He said he is a board member of the Sun City Community Association, representing some 7000 members. He said the Association wants to continue to build a strong relationship with the City of Georgetown to work together for many years after the developer has left town. He said adding entrances threatens the lifestyle for which many people moved to Georgetown and said he has a problem with the broken promise. He said the connections need to be limited to one-way traffic with gates. He asked the Council to table this item in order to work on compromises. Speaker, Jack Noble, noted that he served on the Council "when the previous struggle occurred." He told Council the people don't understand the process, and that's why they're upset. He said most of the people of Sun City don't keep up with how the government works. He said this issue went to the Planning and Zoning Commission with very little staff input. He said at the workshop, Council took a vote and no public were allowed to speak. When he was on Council, no votes were taken at workshops He said he thinks the people think the City is trying to pull something over on them and said he feels this type of issue should be discussed in a larger facility to give everyone an opportunity to hear what is discussed. The Public Hearing was closed at 8:27 p.m. 8:27 p.m. -- recessed 8:36 p.m. -- resumed X-2. Consideration and possible action on the 8th Amended Development Agreement and 8th Amended Concept Plan for Sun City Texas, for 4,065.2 acres in the Frederick Foy Survey and other surveys, and City Council Meeting Minutes/Tuesday, March 28, 2006 Page 6 of 13 Pages on variances to the Subdivision Regulations related to connectivity, and revisions to the Planned Unit Development ("PUD") zoning standards to allow a Zero Lot Line product, revise the standards of the Cluster Lots, and delete/remove the Garden Lot standards currently allowed in the PUD standards -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development Carr requested that his entire remarks be placed in the minutes. (The printed remarks have been placed as an attachment to these minutes.) He thanked all the people who came out to speak, saying he values their input and advice. He said at build -out of 2500 more homes in the year 2010, Sun City will contribute more than 1/3 of a billion dollars to the region's economy each year. He said Sun City is a major economic engine. He said it looks bad for the City to take back their promise that was made three years ago. He said in November, the City Manager wrote a memo to Del Webb to outline the issues, but there was no mention of the three connections. He said the TIA was clear and consistent that a fourth exit was not needed. He said the last paragraph of the memo called for a possible issue about fire safety and access. He said his March 23 packet seemed to contain old documents that he had seen before, and then the day before the workshop, he got a stack of pages to add to his packet, and one of those was the "connectivity bombshell." He said he thought one of those pages had come from Del Webb, so he went over to see Gary Newman, saying Newman was surprised just like he was. Carr said he apologized that this issue came up like it did with no idea of what to expect. He said he thinks the City owes the 7000 residents time to digest this issue with a 45 -day delay and asked that a special workshop or public hearing be held in a large location where a lot of people would be able to attend and participate. Motion by Carr, second by Sansing to delay any action on Amendment 8 for at least 45 days and hold a special public hearing in a large venue to solicit homeowner feedback. Eason said it was Del Webb/Pulte that wanted the speedy resolution to this issue, and she asked for Newman to respond. Newman said they've been working on this issue for seven months, and he said if it were delayed, they would need to consider legal action in order to get the plats moving forward. Brandenburg said there are procedural issues that would cause them to start all over again if there were a 45 -day delay. He said the annexations might expire and require going back to Step 1 again. Sansing said District 5 Council Candidate, Pat Berryman, reminded him that recently, Council decided to acquiesce to the citizens in the Ridge Neighborhood, regarding the issues on MLK Street, and Council voted to make everything residential. He said he thinks this is very similar and suggested that Council consider what they did for the Ridge Neighborhood. Vote on the motion to delay: Denied 5-2 (Eason, Smith, Kirby, Snell and Oliver opposed) Motion by Sansing, second by Carr to go ahead with the 8th Amendment, but with the existing three connections only. Motion by Snell, second by Eason to amend to approve the 8th Amendment and Concept Plan as presented in the papers provided. Carr asked and Carls confirmed that if Snell's amendment passed, Sansing's motion would be nullified and therefore is a motion to approve the Agreement as provided in the packet. Vote on the amendment to Sansing's motion: Approved 5-2 (Carr and Sansing opposed) Motion by Carr, second by Sansing to amend to remove the connection to Shady Oaks. Brandenburg explained that the connection was needed to allow exit onto SH 195 and to assist in fire safety access. Motion by Smith, second by Sansing to amend that Shady Oaks be a restricted fire department connection. Snell said he thinks the traffic light is a big consideration. He said his perception is that people using that connection would be exiting to get to the highway. Oliver said he supports the motion to remove the connection to Shady Oaks. Sansing said he doesn't think it is needed at this time. Snell said when this Concept Plan is adopted, it becomes the way any future plans would need to be solved. He said he doesn't think, in the future, the 8th Amendment can be changed to deal with this problem. Snell said the reason there is an 8th Amendment is because the 7th Amendment created the three exit points. He said Council would not be here discussing this if there were no 8th Amendment, but the 8th Amendment is required; and therefore, the Council is creating a new set of criteria. He said the only way the 8th can be changed is if the developer or owner requests a 9th Amendment. He said this is the time to solve the exit question. Kirby said he thinks the Shady Oak problem needs to be decided at this time. Carr asked if there would be subdivision development north of Shady Oaks, and if it came in, would there be connection required between Shady Oaks and the other developments. He asked if it could be connected with new developments as they are built. There was further discussion. Carr was given a note to ask if the Shady Oaks residents were interested in being connected to Sun City. When asked, McCollum said there was one resident of Shady Oaks that spoke against the connectivity at the Planning and Zoning Commission City Council Meeting Minutes/Tuesday, March 28, 2006 Page 7 of 13 Pages Meeting. Vote on Smith's amendment: Denied 4-3. (Eason, Carr, Kirby, and Snell opposed) Carr asked Council to do the right thing, use common sense and look at commitments made before. Vote on amendment to remove the connection to Shady Oaks: Denied 5-2. (Sansing and Carr opposed) Motion by Carr, second by Sansing to amend to remove both the connections at the Jimmy Jacobs property. There was discussion regarding the location of the fire station. It was noted that a Class 10 ISO rate might be created because of a distance of more than five miles from a fire station. Sansing asked for a friendly amendment that the connection into Neighborhood 52 be removed and the connection into Neighborhood 51 be a public safety access only. Carr withdrew his motion to remove the two connections. Motion by Carr and second by Sansing to amend the original motion to remove the connection to Neighborhood 52. Snell asked to find a way for people in that area to get to Williams Drive without going back into the subdivision. There was further discussion. Carr said if he had to remove a connection, he would remove the one on the east side. Vote on the Carr's amendment: Approved 4-3. (Eason, Snell, and Oliver opposed) Motion by Carr, second by Sansing to amend the original motion to place electronic gates on the connection on the west side so that only public safety vehicles would have access. Denied 5-2 (Carr and Sansing opposed) Carr asked Carls to tell him what would prevent further connections from occurring in the future. She said she has spoken to city staff, and all of the previous changes have been requested so far by Del Webb, saying staff is unable to predict any issues that would require a 9th Amendment. Carr confirmed that Amendment 8 with Exhibit G will be the controlling document which calls for five connections, and that will remain, without need for change by the City. Carls said Del Webb has amended the Development Agreement every 1.2 years for the last 11 years. Carr asked and Carls explained that the original agreement was adopted in 1995 for a twenty-year period. Carr asked if Newman feels that Amendment 8 is the controlling document going forward through 2015. Newman said they would probably take future action to assign some of the Del Webb rights to the Sun City Community Association. There was further discussion as to the life expectancy of Amendment 8 and the function of Exhibit G. Smith asked if his motion to restrict the connection at Shady Oaks to a fire safety access only could be brought back. There was discussion regarding the procedure to bring the issue back. Motion by Carr, second by Sansing to suspend the rules. Denied 4-3 (Eason, Kirby, Snell, and Oliver opposed) Vote on the original motion to adopt the 8th Amendment as amended with removal of the connection at Neighborhood 52: Approved 5-2 (Sansing, Carr opposed) 9:54 p.m. -- recessed to allow the Sun City residents to clear the room 10:02 p.m. -- resumed Y Public Hearings/First Readings 1. Public Hearing to consider a Rezoning from AG, Agriculture to PUD, Planned Unit Development for 36.181 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood FortyLOne, located west of Sun City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development McCollum explained the item, saying that this is the first rezoning to be covered by the 8th Amendment, and the neighborhood will be developed with cluster homes. She noted that the ordinance will be updated with a revised Exhbiti G. The Public Hearing was opened at 10:03 p.m. There were no comments. The Public Hearing was closed at 10:03 p.m. 2. First Reading of an Ordinance Rezoning from AG, Agriculture to PUD, Planned Unit Development for 36.181 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty -One, located west of Sun City Boulevard -- Melissa McCallum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development McCollum read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. She noted that Exhibit G would be modified according to the previous action taken. Motion by Sansing, second by Carr to approve the ordinance on first reading. Approved 7-0. 3. Public Hearing to consider a Rezoning from AG, Agriculture to PUD, Planned Unit Development for 21.400 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty -Four, located west of Sun City Boulevard, off Dry Creek Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development McCollum explained the item. The Public Hearing was opened at 10:04 p.m. There were no City Council Meeting Minutes/Tuesday, March 28, 2006 Page 8 of 13 Pages R Consideration and possible action consenting to the creation of the proposed Williamson County Emergency Service District (ESD) No.9 -- Anthony Lincoln, Fire Chief Lincoln explained the item. He said the County is requesting voluntary support for a small wedge of land on Texas Crushed Stone property. He said there will be negotiation to make sure no property is left out of the ESD. He read the caption of the resolution. Carr asked and Lincoln responded that the City has to approve this because it lies within the extraterritorial jurisdiction (ETJ). Motion Carr, second by Smith to approve the creation of the ESD. Approved 7-0. S Consideration and possible action to implement the recommendations of the Affordable Housing Task Force -- Hartley Sappington, Chair, Affordable Housing Task Force and Tom Yantis, Assistant City Manager This item was handled earlier before Item P. T Consideration and Possible Action to extend the filing requirements of H.B. 914 and Chapter 176, Local Government Code to include Assistant City Managers, department heads and other City employees whose employment includes providing contract review and advice -- John Kirby, Councilmember/District 5 Kirby explained his request to extend the filing requirements. He reviewed the important sections of HB914. He provided a handout which is attached to these minutes, and gave an overview of how he feels his request would work, saying that pesons or parties and their agents who seek to contract for the sale or purchase of property, goods, or services with the City, would file and describe any business relationship with a local government officer or family member, and report taxable income, some gifts, and other business relationship information. Motion by Kirby, second by Smith to extend the filing requirements to include Assistant City Managers, department heads and other City employees whose employment includes providing contract review and advice. Carr said he is concerned about spouses and he thinks the City is about to create a "mountain of work." Motion by Carr to amend that the spouses not be included. The motion to amend failed for lack of a second. Motion by Eason, second by Carr to amend to postpone this action to May 9, and between now and then, hold a workshop with full discussion and possible direction to staff. Eason said there is a lot of confusion about this law and she has heard that some people are resigning from boards/commissions because of it. She said it would be better to find out more about the requirement before setting up paperwork for a local ordinance, and more needs to be determined about the law at the state level. Carls was asked and confirmed that the law does not apply to the state lawmakers. Snell said the Council is authorized by the State to extend what he considers to be a "silly law." He said this just adds another level. Oliver said he thinks it is important to extend this in the City organization, and said he is concerned about delaying. Vote on the amendment: Approved 4-3. (Oliver, Smith and Kirby opposed) Nelon asked Brandenburg to contact the Attorney General's Office to see if it would be appropriate for the City to go forward at this time. Vote on the original motion as amended: Approved 5-2. (Carr and Kirby opposed) Carr asked that the record show that he thinks the law is not "cooked enough yet." U Consideration and possible action to name the terminal building or the control tower at the Georgetown Municipal Airport in honor of Mrs. Emma Browning -- Gabe Sansing, Councilmember District 2 Sansing explained the item, saying he thinks the terminal building should be named for Emma Browning, a pioneer in women's aviation. Motion by Sansing, second by Eason to name the Georgetown Terminal Building as the Emma Carter Browning Georgetown Municipal Airport Terminal. Oliver said he thinks there should be a guideline as to how to name things. Nelon said Ms. Browning controls the decision on a donation of money for an Airport Museum, and time is of the essence. Carr confirmed that naming the terminal building for Ms.Browning is not contingent upon the museum coming to Georgetown. Smith said he thinks a public building or facility ought to be named for someone in Georgetown, but he suggested the museum should be named for her. Snell said Ms. Browning is a regional person who deserves to be honored for her contributions to aviation. There was further discussion. Brandenburg said regardless of Council's vote on this item, it would be a good idea for the City to come up with a naming procedure guideline for the future. Vote on the motion: Approved 7-0. V Contracts and Agreements 1. Consideration and possible action to approve a contract amendment between the City of Georgetown and Camp, Dresser, and McKee, Inc. for professional services related to the design of the Rabbit Hill Pump Station for $167,200.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities City Council Meeting Minutes/Tuesday, March 28, 2006 Page 10 of 13 Pages comments. The Public Hearing was closed at 10:04 p.m. 4. First Reading of an Ordinance Rezoning from AG, Agriculture to PUD, Planned Unit Development for 21.400 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty -Four, located west of Sun City Boulevard, off Dry Creek Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development McCollum read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. She noted that Exhibit G would be modified according to the previous action taken. Motion by Carr, second by Kirby to approve the ordinance on first reading. Approved 7-0. 5. Public Hearing to consider a Rezoning from AG, Agriculture to PUD, Planned Unit Development for 30.344 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood FortyLFive, located west of Sun City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development McCollum explained the item. The Public Hearing was opened at 10:06 p.m. There were no comments. The Public Hearing was closed at 10:06 p.m. 6. First Reading of an Ordinance Rezoning from AG, Agriculture to PUD, Planned Unit Development for 30.344 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Forty -Five, located west of Sun City Boulevard -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Director Planning and Development McCollum read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. She noted that Exhibit G would be modified according to the previous action taken. Motion by Kirby, second by Eason to approve the ordinance on first reading. Approved 7-0. 10:07 p.m. -- Mayor Nelon returned to the dais Item S was brought forward at this time. S Consideration and possible action to implement the recommendations of the Affordable Housing Task Force -- Hartley Sappington, Chair, Affordable Housing Task Force and Tom Yantis, Assistant City Manager Sappington presented the following recommendations from the Task Force: 1) Create a Housing Advisory Board by May 1, 2006; 2) Hire a full-time Housing Coordinator by July 1, 2006, to impact the current budget year by $18,750.00 for the salary for the remainder of the fiscal year; and 3) Staff is to complete a Housing Master Pian by May 1, 2007. Oliver asked that the job description be brought back for Council's approval. Kirby said he feels the County should take the lead role in affordable housing. He said he also thinks the City should not reduce their minimum standards. Motion by Sansing, second by Oliver to approve the implementations of the Affordable Housing Task Force. Smith said the job description should include ability to write grants. Approved 7-0. At this time, the regular order of the remaining items was resumed. P Consideration of authorization for the City of Georgetown and the Georgetown Public Library to submit an application to the Lower Colorado River Authority for a grant of $50,000 to be used for an outdoor water feature and water collection system for the new library -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Yantis noted that this grant would enable the Library to build two outdoor water features, and it requires a 20% match from the City. Motion by Sansing, second by Oliver to approve the grant application. Approved 6-0. (Snell off the dais) O Consideration and possible action to authorize application for a Grant for $61,150.00 from the Federal Emergency Management Agency with a ten percent matching fund of $6,115.00 from the City of Georgetown to fund firefighting equipment and personal protective equipment -- Anthony Lincoln, Fire Chief Shell explained the item. Motion by Sansing, second by Eason to approve the grant application. Approved 7-0. City Council Meeting Minutes/Tuesday, March 28, 2006 Page 9 of 13 Pages Dishong explained the item and noted that the Georgetown Utility System (GUS) Board had approved the contract. Motion by Smith, second by Eason to approve the contract. Motion by Sansing, second by Carr to amend to postpone the award of bid to allow further investigation of the costs. Sansing said he thinks the cost appears to be high. Vote on amendment to postpone: Approved 5-2. (Smith and Eason opposed) Original motion as amended: Approved 6-1. (Eason opposed) 2. Consideration and possible action to approve a contract amendment between the City of Georgetown and Camp, Dresser, and McKee, Inc. for professional services related to the design of the Southside Water Treatment Plant Upgrade for $18,600.00 -- Glenn Dishong, Water Services Manger and Jim Briggs , Assistant City Manager for Utilities Dishong explained the item. Motion by Sansing, second by Carr to postpone to allow staff to review the numbers. Approved 4-3. (Eason, Smith, Snell opposed) 3. Consideration and possible action to award a contract for the construction of the Wolf Ranch Parkway project to Chasco Contracting of Round Rock, Texas for the low base bid, plus alternate bid, for a total of $2,048,699.00 and approval of a project contingency construction expense budget of $2,150,000.00 -- Mark Miller, Transportation Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item and said it went to the Georgetown Transportation Enhancement Commission (GTEC) Board and was approved. Sansing noted that Chasco finished two other jobs early. Motion by Sansing, second by Oliver to approve the contract. Approved 7-0. 4. Consideration and possible action to approve a contract amendment with HDR for the development of a water/wastewater financial planning model and related rate study in an amount not to exceed $40,000 -- Micki Rundell, Director of Finance and Administration Rundell explained the item and said HDR is being asked to do a complete analysis. Motion by Smith, second by Carr to approve the contract. Approved 6-1. (Sansing opposed) Mayor Nelon announced that he was just handed a sign-up sheet for Item 15, however, it had been announced earlier that Item 15 was pulled to be placed on the next agenda. W Second Reading Second Reading of an Ordinance of the City Council of the City of Georgetown, Texas, amending Ordinance No. 2005-95 to remove Section 5 of Ordinance No. 2005-95 relating to the annexation of approximately 59 Acres (+1-) of land owned by Milton G. and Elizabeth Liese out of the D. Wright Survey, Abstract No. 13 -- Councilmember Ben Oliver Carts read only the caption of the ordinance on second reading. Motion by Snell, second by Oliver to approve Ordinance 2006-17. Approved 6-1. (Sansing opposed) Items X-1 through Y-6 were handled at the beginning of the Regular Agenda. Y-7. First reading of an Ordinance adopting a Drought Contingency Plan; establishing criteria for the initiation and termination of drought response stages; establishing restrictions on certain water uses; establishing penalties for the violation of and provision for enforcement of these restrictions; and establishing procedures for granting variances -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manger for Utilities Dishong noted that the state requires that this plan be revised every five years. He said the ordinance includes different phases. He told Council the Williamson County raw waterline is currently operational. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Sansing asked for a description of the restrictions and Dishong said that there are four different phases depending on the drought conditions. Motion by Sansing, second by Carr to approve the ordinance on first reading. Approved 7-0. Y-8. Public Hearing to consider a Rezoning of Lot 1A, Block 7 of the Gabriel Heights Resubdivision from OF, Office to C-1, Local Commercial for the site at 1501 Park Lane -- Bobby Ray, AICP, Director Planning and City Council Meeting Minutes/Tuesday, March 28, 2006 Page 11 of 13 Pages Development Ray explained the item, saying there was a mapping error and the property had been sold to be used for the incorrect zoning. The Public Hearing was opened at 10:54 p.m. There were no comments. The Public Hearing was closed at 10:54 p.m. Y-9. First Reading of an Ordinance Rezoning Lot 1A, Block 7 of the Gabriel Heights Resubdivision from OF, Office to C-1, Local Commercial for the site at 1501 Park Lane -- Bobby Ray, AICP, Director Planning and Development Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Eason to approve the ordinance on first reading. Approved 7-0. Y-10. Public Hearing to consider a Rezoning of 4.58 acres in the Antonio Flores Survey, Abstract No. 235 from RS, Residential Single -Family to C-3, General Commercial for the site located between North Austin Avenue and I.H.-35 north of CR 151 -- Bobby Ray, AICP, Director Planning and Development Ray explained the item saying the applicant wants to move his business, Central Texas Motor Sports, to this location, and the Planning and Zoning Commission and staff support the rezoning. The Public Hearing was opened at 10:57 p.m. There were no public comments. The Public Hearing was closed at 10:57 p.m. Y-11. First Reading of an Ordinance Rezoning 4.58 acres in the Antonio Flores Survey, Abstract No. 235 from RS, Residential Single -Family to C-3, General Commercial for the site located between North Austin Avenue and I.H.-35 north of CR 151 -- Bobby Ray, AICP, Director Planning and Development Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Smith to approve the ordinance on first reading. Approved 7-0, Y-12. Public Hearing to consider a Rezoning of approximately 18.95 acres out of 73.48 acres in the Flores Survey from RS, Residential Single -Family to IN, Industrial for the site located on Walden Drive southeast of North College Street -- Bobby Ray, AICP, Director Planning and Development Ray explained the item, saying this is the current Texas Disposal Systems Collection site. He said it is currently occupied by the waste collection system, but was zoned for residential single-family in 1975, which was the default zoning at the time of annexation. He said, at the time the use was established, the prior Zoning Code allowed for public facilities in the RS zoning district. He said the property is correctly designated as public or semi-public in the Future Land Use Plan. He said Texas Disposal is looking to make some changes on the site such as making it a transfer station, adding new buildings for office space, adding an on-site "Gardenville" store, adding a recycling center, adding container storage, and adding two new rolloffs with a proposed canopy. He said the existing facility is currently a legal non -conforming operation. He said staff and the Planning and Zoning Commission are supportive of the request. The Public Hearing was opened at 11:03 p.m. There were no comments. The Public Hearing was closed at 11:03 p.m. Y-13. First Reading of an Ordinance Rezoning approximately 18.95 acres out of 73.48 acres in the Flores Survey from RS, Residential Single -Family to IN, Industrial for the site located on Walden Drive southeast of North College Street -- Bobby Ray, AICP, Director Planning and Development Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Smith to approve the ordinance on first reading. Sansing asked if some additional vacant land is included in this item. Verna Browning said they have no plans to go down into that area and TDS will work with the City to create an additional dog area. Vote on the Motion: Approved 7-0. Y-14. Public hearing to consider a Rezoning of Lots 8 and 9 of the Anderson Addition from RS, Residential Single-family to Planned Unit Development (PUD), (to be included into the Southwestern University PUD), located at 1105 and 1107 E. Eighth Street -- Bobby Ray, AICP, Director Planning and Development This item was pulled by the applicant to be placed on the next Council agenda. City Council Meeting Minutes/Tuesday, March 28, 2006 Page 12 of 13 Pages Y-15. First Reading of an Ordinance Rezoning Lots 8 and 9 of the Anderson Addition from RS, Residential Single-family to Planned Unit Development (PUD), (to be included into the Southwestern University PUD), located at 1105 and 1107 E. Eighth Street -- Bobby Ray, AICP, Director Planning and Development This item was pulled by the applicant to be placed on the next Council agenda. Z Consideration and possible action to appoint Rosemary Mesa to the Georgetown Housing Authority to fill a vacancy that expires in February, 2007; appoint Stephanie Sorensen to the Library Board to fill a vacancy that expires in February, 2008; appoint Will Moore as Chair of the Zoning Board of Adjustment, and appoint Steven S. Lampinstein to the vacant alternate position on the Zoning Board that will expire in February, 2008 -- Mayor Gary Nelon Nelon explained the item. Motion by Snell, second by Sansing to approve the appointments. Approved 7-®, Adjournment The meeting was adjourned at 11:07 PM. City Council Meeting Minutes/Tuesday, March 28, 2006 Page 13 of 13 Pages Attest: Sandra Lee Meeting Date E Ager No. ;�_ / �t,i STATE OF TEXAS ) } CONFLICT OF INTEREST AFFIDAVIT COUNTY OF WILLIAMSON } I, t /'1.tI reside atj /r rc . am a member of the rLc Ll 4(City Cauncil or name of City board, committee or commission)of the City of Georgetown, and I hereby make this affidavit and on my oath state the following: "I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. "I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable). A. "Substantial Interest" I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity. I or a person related to me in the first or second degree have an ownership of $15,000 or more of the fair market value of the business entity. market value 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. property with a fair 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. Co "Other" For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason) "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." 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 A liliy of SANDRA D. LEE MY COMMISSION' EXPIRES .Iztm" 3, 2010 Notary Public in and for the County of Williamson 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 GFORCRTnWN. Conflict of Interest Affidavit Rev. 8/25/2004