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HomeMy WebLinkAboutMIN 03.14.2006 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, Henry Carr, John Doug Smith 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 Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Keith Hutchinson, Public Information Officer; Bobby Ray, Director of Planning and Development; Ed Polasek, Chief Long -Range Planner; Clay Shell, Assistant Fire Chief Executive Session Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - Discussion and possible action relating to the SIMON Wolf Ranch PID Assessment and the payment of same. - Discusion and possible action regarding the Del Webb/Sun City Development Agreement and the proposed Eighth Amendment. - 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). Regular Session = To begin no earlier than 06:00 PM (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.) B Call to Order The meeting was called to order at 6:03 p.m. C Pledge of Allegiance Mayor Nelon led the Pledge. D 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 reviewed the meeting procedures. City Council Meeting Minutes/March 14, 2006 Page 1 of 10 Pages E - Recognition of outgoing members of City Council -Appointed Boards and Commissions Mayor Nelon asked the outgoing members of the Boards and Commissions to stand for recognition as their names were called. F Announcements and Comments from City Manager There were no announcements or comments from the City Manager. G Public Wishing to Address Council - Keith Peshak, regarding residents of Golden Oaks "living on borrowed time," and the need to move Lakeway Drive. Peshak said he had predicted that the people of Golden Oaks would be in danger from planes around the airport. He said the control tower will bring large aircraft carrying large amounts of fuel. H Action from Executive Session Motion by Carr, second by Kirby that the City Council authorize final resolution of the SH29 and CR265 right-of-way acquisitions from the Trainer tract, based in part on the City's implementation of cure for the Trainer tract, as specified in the landowner's currently -approved revised site plan; to be effected in accordance with all City standards and specifications as approved by the City's Development Engineer, and in part on monetary compensation as discussed in the last executive session. Director of Finance, Micki Rundell, was asked to explain the Simon Agreement. Rundell said the assessment had been identified and had been known for some time. She said it relates to the delayed opening of the shopping center which caused a shortfall of revenue to meet the 2005 debt service payment. She said the Agreement deals with the repayment of that amount. She said the terms are that the repayment would come from the money that the City collects, which is the 1 % sales tax that goes back as a 380 incentive rebate. She said the City will retain $653,960.74 (?) and will also charge 10% interest on those funds until the payment is received. She said the City will also receive from Simon two downtown gateway signs valued at up to $75,000 each. She said the City will be refinancing the seven-year tax note. Oliver confirmed that there is no cost to the City, saying this agreement changes the payment time, and the City will make over 10% interest and get two signs. Sansing confirmed that this is a loan from funds that were to be given to the City for tax purposes. Rundell explained that the taxes have not been collected yet. Snell confirmed that the arrangement on the sales tax is that it was generated as GTEC funds (separate from the General Fund), and a portion of that tax that should have gone to GTEC would be used to make debt service on the money that had been borrowed to do SH29 and the access roads; and this one year only, there was a shortfall in that portion of the sales tax, so there was not enough money to make that payment, so the City made up that amount, and the City would be able to have an assessment on Simon, but instead of doing that, there is a the loan agreement at 10% interest, and they will repay the loan out of the money that the City would be paying them under the other part of the agreement, which was on the internal roads. Vote on the Motion: Approved 6-0. (Smith absent) 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, February 13, and the Council Meeting on Tuesday, February 14, 2006 -- Sandra D. Lee, City Secretary Snell and Oliver suggested corrections to the minutes of February 14. J Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for the approval of an allocation of $10,000.00 from the Unallocated Fund Balance in Hotel Occupancy Tax (HOT) funds to the Georgetown Symphony Society for promotion of the Georgetown Festival of the Arts, June 1-4, 2006 -- Shelly Hargrove, Toursim Director and Main Street Manager; Rob Hardy, Convention and Visitors Bureau Chair; and Tom Yantis, Assistant City Manager Speaker, Ellsworth Peterson, read an excerpt from a review of last year's Festival of the Arts. He said the City Council Meeting Minutes/March 14, 2006 Page 2 of 10 Pages Symphony Society is grateful for the $10,000.00, but asked for $15,000.00 because expenses are higher this year. He said he feels the donation won't be needed next year. Brandenburg said one of the concerns is whether the amount is going to escalate each year. He said the $10,000 is a budgeted amount this year, and suggested the extra $5,000 come from Council Contingency. Nelon asked and Snell pulled this item to the Regular Agenda. 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 Sansing said he wanted citizens to know that there is an attempt to bring an aviation museum to Georgetown. He also noted that the recent crash occurred in the safety zone which is an area around the Airport that is left vacant for that purpose. Snell confirmed that the grant in this item would go toward support of the museum as well as other programs. Motion by Carr, second by Sansing to approve the Consent Agenda with the correction to the minutes and with the exception of Item J which was pulled to the Regular Agenda. Approved 6-0. (Smith absent) Council will individually consider and possibly take action on any or all of the following items: J Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for the approval of an allocation of $10,000.00 from the Unallocated Fund Balance in Hotel Occupancy Tax (HOT) funds to the Georgetown Symphony Society for promotion of the Georgetown Festival of the Arts, June 1-4, 2006 -- Shelly Hargrove, Toursim Director and Main Street Manager; Rob Hardy, Convention and Visitors Bureau Chair; and Tom Yantis, Assistant City Manager Motion by Snell, second by Eason to award $15,000 to the Festival with $10,000 from Hotel Occupancy Tax funds and $5,000 from Council Contingency. Approved 5-1. (Carr opposed)(Smith absent) Mayor Nelon recused himself for the next item and appointed Councilmember Henry Carr to conduct the meeting in the absence of the Mayor Pro Tem. Mayor Nelon left the dais. L Consideration and possible action to set a Special Council Meeting to discuss the Del Webb Development Agreement -- Paul Brandenburg, City Manager Councilmember Carr conducted the item. Brandenburg said this would be an additional workshop prior to the Council's action on the Del Webb Eighth Amendment. He explained that staff will be meeting with Del Webb on the morning of Wednesday, March 22. He asked for Council's availability. It was decided that various staff members would be able to leave the cablevision meeting early in order to begin the Workshop at 2:00 p.m. on Thursday, March 23. Brandenburg indicated there would be discussion at the workshop on the categories of water/wastewater issues, the cluster/zero lot line homes, the traffic impact analysis, connectivity, fire station(s), the Concept Plan, economic and financial issues. Motion by Snell, second by Oliver to hold the Workshop on Thursday at 2:00 p.m. Oliver asked for as much information as possible beforehand, but he understood that some of that information would come following the Wednesday morning meeting. Snell asked to have the meeting off the dais so that Council would be able to view the maps. Approved 6-0. (Smith absent) Nelon returned to the dais. M Consideration and possible action to approve a donation of 11.63 acres from the Van and Deborah Chandler Foundation for parkland along Spring Valley Road -- Randy Morrow, Director of Community Services Morrow explained that Van and Deborah Chandler are donating land for parkland along Spring Valley Road. He said the areas along the park will be developed at their expense. He said Chandler also will assist with maintaining the park along with the Parks Department. He said the value of the land is approximately $300,000 after total development. Motion by Sansing, second by Eason to approve. Approved 6-0. (Smith absent) Nelon asked that Van and Deborah Chandler come forward and he thanked them. City Council Meeting Minutes/March 14, 2006 Page 3 of 10 Pages Chandler said the "trail' sometimes puts people onto Spring Valley Road, so this land, plus the generous budget from Council, will enable the traffic to stay off of Spring Valley Road. N Discussion and Possible Action pertaining to the Future Land Use and Zoning of Martin Luther King Jr. Street (MLK Street) from 8th Street to 3rd Street -- Bobby Ray, AICP, Director of Planning and Development -- Bobby Ray, Director of Planning and Development This item was moved to later on the agenda to accompany Items R-2, -3, -4, and -5. O Consideration and possible action with respect to a resolution directing the publication of Notice of Intention to Issue City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2006; and other matters related thereto -- Micki Rundell, Director of Finance and Administration Rundell explained the item, saying the certificates would not exceed $6 million and would include: funds for the GTEC widening of Williams Drive at $1.2 million; construction of the Fire Station and various park improvements for a little over $1.9 million; park equipment, including trail lights and call boxes at approximately $882,000; and vehicles and equipment, including police and public safety vehicles, heavy equipment, desktop computer replacement and various other equipment at almost $1.2 million, not to exceed a total of $6 million. She said the bonds will be sold on April 25. Motion by Eason, second by Carr to approve the resolution. Approved 6-0. (Smith absent) P Contracts and Agreements Consideration and possible action for the award of bid for gateway monument signs to Cutting Edge Signs in an amount not to exceed $100,000 -- Marsha Iwers, Acting Purchasing Director Iwers explained the item. She said three bids for monument signs were received on February 20. She said Cutting Edge Signs was the lowest bidder meeting specifications. Yantis explained to Council that the signs would be a part of the Gateway and Wayfinding Master Plan Project. He noted that the City received only one bid for these signs last fall, saying the bid was rejected and the project was rebid in a two-part process this year. He said this time there were two separate bid packages for the stone monument and metal gateway signs. He said there are no finalized locations for the monument signs, because the City is working with TXDOT who is establishing policy, saying staff will identify where signs can go in city or county road right of way or on the property of a willing participant, such as Southwestern University. He said because the exact amount is not known, the amount has been left at not to exceed $100,000. He said the City will buy the signs individually. Oliver clarified that the $150,000 from Simon will add to the budget for the signs. There was further discussion regarding the issue with the state working on a policy for placing signs in the right of way within a municipality. Motion by Eason, second by Carr to approve. Approved 6-0. (Smith absent) Q Consideration and possible action to approve a resolution of support for an application for Low Income Housing Tax Credits and a predevelopment loan or other commitment for DDC Bluffs Landing, LTD for a proposed multi -family affordable housing project near the intersection of CR 151 and N. Austin Ave. -- Tom Yantis, Assistant City Manager Yantis explained the item, saying Colby Denison is the developer, and last year Denison submitted an application and Council approved a pre -development loan for senior housing. He said this resolution gains the developer points for the application through the Texas Department of Community Affairs. He said only a few applications are awarded annually. He noted that this is a good project for affordable housing and said that staff recommends approval of the resolution and the pre -development loan or other instrument. He said staff is working on a strategy for a better mechanism that will come back to Council for approval in the future. Applicant, Colby Denison, gave a slide presentation. He said the proposed development will be at the intersection of CR151 and North Austin Avenue and will contain 152 units on 24 acres. He said the density level is very low. He said the Low Income Housing Tax Credits Project is a state-run program encouraging developers to work closely with city staffs to produce high-quality projects. He said the tax credit program targets 60% of median income and below, noting that 20% of the Georgetown population fits in that bracket. He reminded Council of some statistics that had been presented by the Affordable Housing Task Force saying there is not enough of this type of housing available in Georgetown. He said it is common to have a mis-perception of affordable housing and many people become concerned about their property values. He said the cost per unit is $114,000. He said they are well -funded projects, and the quality is mandated by City Council Meeting Minutes/March 14, 2006 Page 4 of 10 Pages the State. He said rents are capped by the State, saying the maximum rents that can be allowed are from $700 to $976 per month per unit, which will accomodate a salary of up to $42,000 annual income for a four -person family. He introduced Mike Clark of United Affordable Housing. Clark noted that these projects have more regulations, inspections, and audits that other projects. He said all renters are subject to credit and criminal background checks, and anyone with a history of drug use or violence is excluded from eligibility. He said that also applies to all the employees working at the project. He said there will be a neighborhood watch program within the community and private security patrols. He said all residents will have parking permits and visitors must park in visitor parking, otherwise the cars will be towed. He said these rules are consistent with federal housing standards and there is zero tolerance for drugs. Speaker, Larry Kokel, real estate broker representing the sellers of the property, told Council the property has been in the same family for over 100 years. He said the family also owns adjacent property, so they don't want anything detrimental to happen on this property. He said he feels the property is well suited for multi -family, and it will provide a buffer for the nearby single-family residences. He said he knows this project will meet a demand in the market place. Speaker, Brian McFarland, representing Crystal Knoll Terrace Homeowners Association, Unit 3, said he met with Denison and decided to take it to the residents. Denison had requested that a neighbrohoold association assist him in getting his project approved. He told Council the overall consensus is that the homeowners are not in favor of this community. He said they have concerns for the safety of their children walking to the adjacent schools. Speaker, Rick Mitchell, told Council as a homeowner in Crystal Knoll he is concerned about property value and location in the vicinity of the high school. He said the neighborhood is now used as a shortcut between CR151 and CR152. He thinks the information presented so far is different from what was presented to the neighborhood group, and he asked that the City Council vote against the support of the project. Speaker, John Bader, said he knows that Georgetown needs this type of project, but doesn't want it in this location across the street from the 9th grade campus, the high school, and proposed new football stadium. Speaker, Amelia Sondgeroth, told Council she was retained by Colby Denison as a planning consultant for the senior project last year and has been assisting him with the coordination of this project. She said she has assisted him with making sure that his other project is completely compliant with City rules. She told Council he is using architects and engineers that have built quality developments. Speaker, Kelly Hamilton, told Council she is speaking in support of Colby Denison. She said the numbers presented to the homeowners association are the same as those presented at this meeting. She said she has done research that shows this project will not be a bad influence. She said this type of development is very much needed in Georgetown. Eason asked for a review of the long-term maintenance and safety measures for Denison's project. Clark responded that the apartments are built to the highest standards, and Denison is required to deposit $300 per unit per year to be held by the lender, mandated by the tax entitlement, only to be used for capital replacements and preservation of the project. He said the project is subject to annual inspection by the Texas Department of Community Affairs, and the equity partner has a huge investment in the project. He said their asset managers review annually and are sent a monthly report. He said the project will be working with the local housing authority which will be putting some of their clients in the project and they will also inspect. Oliver asked about the zoning of the property and was told that the property was recently annexed as agricultural, but will soon go to the Planning and Zoning Commission for mixed use. Sansing noted that this project will be good to provide housing for firefighters, police officers, and teachers, and he will support the project. Carr confirmed that the Council will see this project again when the site plan comes forward. Motion by Eason, second by Snell to approve staffs recommendation for this item and to especially reflect Yantis' comments that a loan may not be the instrument used and that the instument be brought back for approval by the Council. Yantis stated that either a pre -development loan or another instrument would be brought back to Council for approval. Snell confirmed and Yantis noted that the City is not under risk and that the loan is fully cash collateralized. Approved 6-0, (Smith absent) R Public Hearings/First Readings 1. First and only reading of an ordinance terminating the declaration of disaster resulting from the City Council Meeting Minutes/March 14, 2006 Page 5 of 10 Pages threat of wildfires due to drought and other weather-related condistions -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief Eason asked why the City would want to do this because there are still red flag days and wildfires. Shell said the ordinance was originally enacted because of the action by the Commissioners of Williamson County to declare a disaster, and that is why the City adopted it. He said now the City can pull away the declaration of disaster, even though the County is still currently in a burn ban. He said if the County re-enacts a declaration of disaster, the City will re -instate. There was further discussion. Eason asked for education of the citizens as to what can and cannot be done in the City. Shell read the entire ordinance. Motion by Eason, second by Sansing to approve Ordiinance 2006-16. Approved 6-0. (Smith absent) N Discussion and Possible Action pertaining to the Future Land Use and Zoning of Martin Luther King Jr. Street (MLK Street) from 8th Street to 3rd Street -- Bobby Ray, AICP, Director of Planning and Development -- Bobby Ray, Director of Planning and Development Ray explained the item, saying it is the result of two comprehensive planning amendments requested for two projects. He said there was a joint Council and Planning and Zoning Workshop held on October 10 to discuss this, and staff has held two neighborhood meetings. He presented a study on the area properties. He said staff recommends maintaining residential single-family zoning, with the City not taking any action regarding zoning; and with the property owners' consent, possibly rezoning existing single-family uses that are zoned for multi -family and commercial. He said staff has received no support or compelling evidence to support amending the future land use plan or downtown master plan. Speaker, Joyce Perry, told Council she lives at the north end of MLK and asked Council to leave MLK as it is. She said it is an old, established neighborhood and the residents do not wish to have any changes made. She said the bail bond use encroaches into their neighborhood and this proposed project on the agenda would be the second encroachment. She asked Council to consider the recommendation of the Planning Department to leave the zoning as residential. Speaker, Randy Johnson, said he has an office on the square and is one of the partners in West MLK Partners. He said he feels the study that was done was not the study that had been mandated by the Council the last time. He said the data was gathered incorrectly. He said one of the assessments that was made in the study was that there was no negative impact on the residential character of the neighborhood by the Justice Center. He said there is unquestionably a negative impact that has occurred since that building has been there. He said 20 of the 37 lots between 3rd and 6th Streets are vacant, used as income properties, or zoned commercial. He said West MILK Partners proposes that Council vote with the majority. He said their objective is not to affect the area from 6th to 8th Street, saying they believe that is a viable neighborhood. He said there were two properties on MLK shown in the study that weren't classified as vacant, but actually are vacant. He said his project would replace three vacant lots and one empty rent house and he doesn't think anyone would say that they would prefer to have the lots stay vacant. Speaker, Renee Hanson, said she supports the TRG Association and the staff recommendations. She urged Council to adopt staffs recommendation for residential zoning. Speaker, Adrian Zuniga, applicant for one of the items, said he feels the surveys could have been conducted differently. He said there was no comparative market analysis done, and no direct polling of the property owners along MLK. He said he has experienced a great loss on his property across the street from the Justice Center. He said he has fixed up the property for rent as a home, but has received no inquiries, except lawyers wanting to use it as an office. He said his project is being "sucked into the vacuum" of the two-story building that is being proposed in the other project. Speaker, Russ Sablatura, representing Adrian Zuniga, told Council that Zuniga's property looks like a residential house. He did a slide presentation of the area and compared the uses of the various different pieces of property. He said there are many residences, but there are also many more uses other than residential in one particular area. He said there are only seven active residences on MLK right now, the rest are non-residential or vacant. He said the survey indicates that Zuniga's property is the same as what is considered to be viable and will help get rid of the vacant lots and run-down buildings. Speaker, Gretchen Mickler, told Council she is a widow on social security, and the property she owns was bought in the 1970's for security in her old age. She said her property has been vacant, and broken into. City Council Meeting Minutes/March 14, 2006 Page 6 of 10 Pages Sansing thanked everyone for their feedback and thanked staff for their recommendations. He said he is of the opinion that there should be a buffer between the Courthouse and the Neighborhood. Motion by Sansing, second by Snell to leave the residential zoning in place, but not change back the other properties, and let staff determine how the other properties are to be zoned. Motion by Snell, second by Eason to amend to include the seeking of voluntary rezoning on the three pieces of property. Eason asked for more explanation. Snell said he thinks the intent of the rezoning is to bring the zoning in line with usage. Ray said they would approach the property owners for permission to rezone. Oliver spoke in opposition to the amendment. He said he has concerns about that part of the area being residential with a jail being across the street. Sansing withdrew his original motion. Motion by Snell, second by Eason to follow the recommendaiton of staff to leave the residential land use designation of single-family residential zoning as status quo, and on the properties currently used as residential but zoned differently, authorize staff to approach the property owners to see if they would be willing to move the zoning back to residential zoning. Carr said he doesn't think this motion gives the residents any assurance of what will happen in the future. Motion by Sansing, second by Oliver to amend that the area between 3rd and 6th Streets on the west side of MLK, be zoned residential or office, not commercial, and obtain a historic overlay for the rest of the TRG Neighborhood, except for the area west of MLK between 3rd and 6th; and if that issue fails, the City could purchase those vacant lands and dedicate them as a pocket park. Carr asked what happens on the blocks facing MLK. Sansing said it would cover the west side of MLK to the back property lines of the properties facing MLK. Carr clarified that some of those properties would face residential, some would face residential used as a business, and some would face a pocket park. Oliver asked and Yantis explained the meaning of "historic overlay." It was determined that these houses are not historic structures or historic sites. Sansing added to his motion that no bail bonds be allowed in that overlay. Snell said he is concerned about the "ripple effect." Eason said it needs to be set up through workshops and public hearings, not just from the dais. She said, If the neighborhood residents want to look at something like that, she is willing for that to happen, but not tonight. Nelon said he thinks Snell and Sansing are trying to protect the neighborhood, but if there is only a mechanism to effect 3rd through 8th or 3rd through 6th, there can be no protection of the entire neighborhood. Vote on the amendment: 3-3 (Smith absent)(Eason, Kirby and Snell opposed.) Mayor Nelon broke the tie and voted against. The amendment was defeated: 4-3. (Smith absent) Motion by Oliver, second by Sansing to amend to direct staff to study procedures to establish a special district, comprising all of that neighborhood, taking the MLK strip and providing an option for the part that fronts County land, to provide a mechanism for requests for zoning for office with architectural review of some kind. Kirby said he thinks it should be left that the staff will work with the neighborhood and not try to take care of it tonight. Snell said he thinks Council needs to develop a protection for the "whole area" which might include some special attention to 3rd through 6th. Eason said she thinks the neighborhood needs something in writing from the City that would be "forever protection" against something like this coming back again. Oliver said he feels that over time there will be an effect from the Justice Center. Sansing said that is what he is trying to do, get protection for the balance of the neighborhood. He said he wished the County would stop encroaching into the neighborhood. He said he would like to try to encumber future councils. Vote on Oliver's amendment: Approved 6-0. (Smith absent) Yantis confirmed that staff is to create some kind of special zoning overlay that will provide protection to the neighborhood, but he noted there is nothing else that can be applied to this neighborhood except with a future land use plan and zoning. He said nothing this Council can do will tie the hands of future councils. Carls agreed that the mechanisms are future land use plan and zoning. She said the City can't prevent people from requesting, but the Council can consider them and vote; saying the Council could consider a zoning change and call out certain procedures that would apply in that certain district. She suggested using a method of allowing the zoning to remain as it is now with protection for any time it might come forward to be changed. She said the other two mechanisms are already in place. She suggested that staff could look into some kind of comprehensive way, such as architectural controls. Vote on original motion as amended: Approved 6-0. (Smith absent) Yantis restated that staff will look at ways to protect the single-family residential nature of the entire Ridge Neighborhood, and look into ways to accomodate requests for office uses on the west side of ML.K, between 3rd and 6th Streets, subject to architectural review criteria. Kirby asked and was told there is no way to change the current bail bond usage. There was further discussion. R-2 First reading of an ordinance on a Comprehensive Plan Amendment to change Intensity Level from Level 3 to Level 4 for South San Gabriel Renewal, Block U, Lot 6, and Future Land Use from Residential to City Council Meeting Minutes/March 14, 2006 Page 7 of 10 Pages Office/Service, located at 504 Martin Luther King, Jr. Street -- Bobby Ray, AICP, Director of Planning and Development Polasek explained the item and said staff is recommending denial of the change. Speaker, Gloria Jackson, President of the TRG Neighborhood Association, thanked the City Council for hearing the homeowners and residents of the TRG Neighborhood. She said the Association conducted a simple survey composed of seven questions, and out of 56 residents from 8th and MLK to 3rd, only four answered they wouldn't care if the zoning were changed to office. She said the Association has no legal representation, saying they are homeowners that don't want the zoning changed. She said as far as being historical, the Mary Bailey Day Care was started over 50 years ago, Marshall High was established in that neighborhood, and most of the residents have been there the majority of their lives. She asked Council to leave the TRG Neighborhood as residential. Speaker, Norma Clark, told Council she has lived in her home for 24 years and in that neighborhood for 55 years. She said she is not sure who Sansing is speakiing for, but the residents don't want any more commercial in that neighborhood, not even an office that looks like a residence. She suggested that Zuniga lower his rent so that the people can afford to live there. She asked that the Council make the decision as if they lived in the neighborhood. Speaker, West Short, (with extra time from Randy Johnson) told Council that this is an opportunity to solve the problem of the Courthouse/Jail Compound. He said the County has bought the property south of the current compound which will make it double in size. He said the section between 3rd and 6th Streets is the most affected. He said there is no buffer between the Justice Center and the houses, and therefore, the property values in that area are extremely low and those lots can only be sold for single family. He said the Council has the opportunity to allow the owners of the property in the affected area, 3rd to 6th Street, to convert their properties to office use which will give them an opportunity to sell their property for a reasonable price. He aid he is proposing to invest $2 million and build an attractive office building. Speaker, George Mora, reactor for Zuniga's property, said he is concerned about what is not known. He said there will always be a demand for office space near the Justice Center. He said it is not known what the change in the zoning might do for the property values in the area. He said to ask Southwestern University students to do another survey. Speaker, Adrian Zuniga, said he has been proactive in trying to work with the TRG Association. He said he respects the integrity of their neighborhood, but he is trying to get a "win-win" situation and not "push anyone out." He said he has spoken to nine people who were in favor of supporting his project. He said he thinks a comprehensive study should be done. Speaker, Gretchen Mickler, told Council she never received a phone call, letter, invitation, or personal visit from anyone from the TRG Association. She said her opinion has not been asked. She said her property taxes, insurance and maintenance are paid on a regular basis and she must clear $250 per month. She said for the Council to say that the neighborhood must stay residential is not planning adequately for the future. Speaker, Norma Clark, said MLK isn't the entire neighborhood. She said the people conducting the survey didn't go to any businesses, and Ms. Mickler doesn't live on her property. She said Mr. Short said the people feel trapped, but she lives there because she wants to, and she said she doesn't feel trapped. She said the neighborhood doesn't want to see any more commercial. Polasek read only the caption of the ordinance after having satisfied the requirements of the City Charter. Carr said if Council believes in Item N, then it would be logical to deny Item R-2. Motion by Carr, second by Kirby to deny the intensity change. Carts confirmed that if denied tonight, the applicant would have to wait six months or request a significant change in the application. Approval to Deny: 6-0. (Smith absent) 9:11 p.m. -- recessed 9:22 p.m. -- resumed R-3 Public Hearing on a Rezoning of Lot 6, Block U of the South San Gabriel Urban Renewal, from RS, Residential Single -Family District to OF, Office District, located at the southwest corner of 5th Street and Martin Luther King, Jr. (MLK) Street -- Bobby Ray, AICP, Director of Planning and Development Ray explained the item, saying it is a request to be able to use the property for an office building. He said City Council Meeting Minutes/March 14, 2006 Page 8 of 10 Pages due to the Council's previous action, staff is definitley recommending denial of the office zoning, and so did the Planning and Zoning Commission. The Public Hearing was opened at 9:23 p.m. Speaker, Norma Clark, asked Council not to put any kind of commercial in their area. Joyce Perry gave her time to a Ms. Bailey, who said she was disappointed in Sansing because he heard the Planning and Zoning Commission give their recommendation and he said he would support their recommendation to keep it strictly residential. She said he said he supported the TRG residents and he would talk to the Council about going along with the Planning and Zoning recommendation. The Public Hearing was closed at 9:29 p.m. R-4 First Reading of an Ordinance Rezoning Lot 6, Block U of the South San Gabriel Urban Renewal, from RS, Residential Single -Family District to OF, Office District, located at the southwest corner of 5th Street and Martin Luther King, Jr. (MILK) Street -- Bobby Ray, AICP, Director of Planning and Development Ray read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Carr, second by Kirby to deny. Approval to Deny: 6-0. (Smith absent) R-5 First reading of an ordinance on a Comprehensive Plan Amendment to change Intensity Level from Level 3 to Level 5 for South San Gabriel Renewal, Block U, Lots 3, 4, 15, and 16, and Future Land Use from Residential and Public/Semi-Public to Office/Service, located on 5th between Martin Luther King, Jr. Street and West Street -- Bobby Ray, AICP, Director of Planning and Development Polasek explained the item and said that staff recommends denial. Speaker, West Short, told Council he wants to remind them about the three vacant lots that have been vacant for more than 35 years and a vacant, delapidated rent house. He said voting to deny would assure that the lots would stay just as they are, normally covered with weeds. He said maintaining single family status will doom the properties because there is no way to develop them. He said the cost of construction would be higher than the cost of the property. He said what he wants to do is exactly like around every courthouse in every state in the nation. He said here on the Square, the Courthouse is surrounded by commercial, not residential. He said no matter how historic, that is how other courthouses are set up. He said he feels residential is not a viable use. Speaker, Norma Clark, said she had spoken with Sansing on the break. She said she is not empathetic to the people who purchased the property because they purchased the property for profit. She said it is the investor's responsibility for researching to see how it would work. She said she doesn't think the neighborhood should suffer for a few people who made investments. Speaker, Joyce Perry, said she is very pleased with the Council's actions so far. She said everyone who is trying to change the property is trying to do so for profit. She said some of that property that they would use was owned by her family. She said one family member bought out the rest of the family in order to sell the property to Short. She said she is strongly against the three-story building. Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Carr to deny. Carr said he is voting in favor of the people who live in the area, but he is also sympathetic to the people who want to do some development. He said the residents have a special responsibility to keep the neighborhood looking attractive, saying the Council can't help them for the long-term. Sansing said he is sorry he has disappointed Ms. Clark and Ms. Bailey. He said he is trying to put something forward to protect the neighborhood. Approval to Deny, 6-0 (Smith absent) R-6 Public Hearing on a Rezoning of Lots 3, 4, 15, and 16 of Block U of the South San Gabriel Urban Renewal from RS, Residential Single Family District to OF, Office District, located on 5th Street between Martin Luther King, Jr. Street and West Street -- Bobby Ray, AICP, Director of Planning and Development Ray explained the item, saying the applicant is asking for rezoning in order to develop a three-story office building. He noted that staff and the Planning and Zoning Commission recommend denial. The Public Hearing was opened at 9:44 p.m. City Council Meeting Minutes/March 14, 2006 Page 9 of 10 Pages Speaker, Norma Clark, said she thought everything was taken care of, but Council has asked staff to study to find a way to protect the entire neighborhood. She asked for clarification. Nelon said they have been told that this Council cannot make decisions for future councils, so staff will go back and take a look, concerning Item N, to see if there is anything more permanent that can be done, but zoning residential may be the only way to accomplish the protection. There was further discussion. The Public Hearing was closed at 9:48 p.m. R-7 First Reading of an Ordinance Rezoning Lots 3, 4, 15, and 16 of Block U of the South San Gabriel Urban Renewal from RS, Residential Single Family District to OF, Office District, located on 5th Street between Martin Luther King, Jr. Street and West Street -- Bobby Ray, AICP, Director of Planning and Development Ray explained the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Sansing to deny. Motion for a friendly amendment by Sansing that staff begin a discussion with the owners of the property to sell the property for a future park. Approved 6-0. (Smith absent) S Consideration and possible action to approve the appointment of Ben L. Grimes to the Convention and Visitors' Bureau Board to fill a vacancy that expires in February, 2007 -- Mayor Gary Nelon Nelon explained the item. Motion by Sansing, second by Snell to approve the appointment. Approved 6-0. (Smith absent) Adjournment The meeting was adjourned at 09:51 PM. City Council Meeting Minutes/March 14, 2006 Page 10 of 10 Pages Attest: ity Secretary Sandra Lee STATE OF TEXAS ) } COUNTY OF WILLLAMSON } t gr ^ j„ reside at am a member of the _�=tt_ t - (City Council or name of City board, committee or comnussion)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 Ager' Ttem No. business entity. value of $2,500 or more. t gr ^ j„ reside at am a member of the _�=tt_ t - (City Council or name of City board, committee or comnussion)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. value of 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" + Far reason other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason) rt o)b �7 tri x� �iq m r "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." Affiant's Printed N Date: 0 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 i day of SANDRA D. LEE Y 0()M iSSION EXPIRES jgtNRpy3j2010 200 Notary Public in and for the State of Texas County of Williamson THIS AFFIDAVIT SIIALL 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 Minutes of the Meeting of the Governing Body f the City of Georgetown, Texas Monday, March 13, 2006 I` _-- - ------ _ -.:_ The 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, Henry Carr, JohnDoug Smith 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 Lee, City Secretary; Micki Rundell; Director of Finance and Administration; Keith Hutchinson, Public Information Officer A Discussion of the results from the 2006 City of Georgetown Quality of Life Citizen Survey -- Micki Rundell, Director of Finance and Administration Rundell reported on the statistics received from the Survey. She said, this time, the number one concern is managing growth, followed closely by traffic, with education as number three. She noted that traffic has been one of the top three concerns for the last three surveys. Sansing expressed concern with the way the questions were worded on the Survey. There were questions from the Council regarding the demographics of the people who participated in the Survey. B Presentation and update of the City's current outstanding and proposed debt obligations -- Micki Rundell, Director of Finance and Administration Rundell gave an overview of information regarding the debt of the City of Georgetown. Snell questioned the differences between general obligation bonds and certificates of obligation. There were other questions and comments from Council. Carr asked for calculations to show the assessed valuation for Sun City. Rundell responded that the information is being gathered. Mayor announced that in Mayor Pro Tem Doug Smith's absence, he nominates Henry Carr to conduct the meeting out of Executive Session, as he will recuse himself when the Del Webb Development Agreement is discussed. 4:59 p.m. -- recessed to Excecutive Session Executive Session 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. City Council Meeting Minutes/March 13, 2006 Page 1 of 2 Pages C 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 - Discussion and possible action relating to the SIMON Wolf Ranch PID Assessment and the payment of same. - 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). wo Mayor Nelon recused himself and left Executive Session prior to the discussion regarding the Del Webb/Sun City Development Agreement. - Discusion and possible action regarding the Del Webb/Sun City Development Agreement and the proposed Eighth Amendment. 6:00 p.m. -- returned to Open Session and adjourned Adjournment ry Won The meeting was adjourned at 06:00 PM1 City Council Meeting Minutes/March 13, 2006 Page 2 of 2 Pages