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HomeMy WebLinkAboutMIN 07.23.2002 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Mayor Pro Tem Doug Smith presiding. Council resent: Gabe Sansing, Doug Smith, Jack Noble, Sam Pfiester, Ken Evans Council Absent. Mayor Gary Nelon, Llorente Navarrette, Farley Snell Staff Present: Tom Yantis, Interim City Manager; Patricia Carls, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Amelia Sondgeroth, Director of Development Services; Charlie Walker, Economic Development Director; Marsha Iwers, Purchasing Agent; Ed Polasek, Chief Long -Range Planner; Melissa McCollum, Development Planner; Glenn Dishong, Water/Wastewater Service Manager '• ).: ..r There was no Policy Workshop at this meeting. '-• s • a • -• • • •- i • C C Sec.551.071 consultation with attorney: -Pending Litigation -Georgetown Waterpark, Ltd. v. City, et al.; Cause No. 00-209-C277 (277th District Court of Williamson County) -Walker and Shell Road Golf Center, Inc. v. City, Cause No. 00-083-C277 (277th District Court, Williamson County) -City v. Doug and Doris Pierce; Cause No. 00-552-C26 (26th District Court, Williamson County) -Rivery Partners, Ltd. v. City of Georgetown, Cause No. 01-695-C368 ( 368th Judicial District of Williamson County) -Georgetown Healthcare v. Electa Oncology, Cause No. 01-340-C368 (368th District, Williamson County) - Potential Litigation - Code Enforcement Actions - Legal Advice regarding agenda items Sec.551.086 deliberation regarding economic development - Discussion of Economic Development Prospects Sec.551.074 personnel matters - Performance Review of Council -appointed employees - Municipal Judge Sec.551.072 deliberation on real property - Purchase, exchange, lease, or sale of real property Regular Session Called to order at 6:07 p.m. City Council Meeting Minutes/July 23, 2002 Page 1 of 11 Pages E Comments from the dais regarding the following items: - Opening Comments and Welcome to Audience -- Mayor Pro Tem Doug Smith - Announcement of Vacancies on City Boards and Commissions - One on Parks and Recreation Board Action from Executive Session Motion by Evans, second by Pfiester to approve acquisition of .002 acre of property necessary for the widening of Country Club Rd. Approved 5-0. F Announcements from City Manager - Upcoming Events National Night Out on August 6. 1 st Annual Bluegrass Festival on Labor Day weekend. Late -Breaking Headlines Yantis announced that a response letter was received from David Fulton of Texas Department of Transportation Aviation Division late last week, but not in time to be posted on this agenda. He said there will be an article in tomorrow's Williamson County Sun, and an item will be on the August 13 Council Agenda. He said he will invite David Fulton to answer questions. G Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate - Della Green, 1901 Vine Street, regarding Charter Revision. Green thanked the voters that voted for her in the last election. She addressed Council regarding her opinion of how ambiguity in the Charter should be interpreted by the Council. She had advice for the Council regarding the procedure for amending the Charter and the number of councilmembers necessary to take action at a meeting. H Consideration and possible action to approve the minutes from the Council Workshop on Monday, July 8, and the Regular Council Meeting on Tuesday, July 9, 2002 -- Sandra Lee, City Secretary Awards of Bid 1. Consideration and possible action to approve the award of bid for construction of curb and gutter to Dayco Construction Company -- Mark Miller, Manager of Transportation Services and Jim Briggs, Assistant City Managers for Utility Operations 2. Consideration of an award of the annual bid for Flexible Base and Washed Manufactured Sand to Austin Asphalt in the estimated amount of $94,650.00 -- Terry Jones, Purchasing Director and Jim Briggs, Assistant City Managers for Utility Operations J Boards and Commissions 1. Consideration and possible action on recommendation from the Convention and Visitors Bureau Advisory Board for cooperative advertising funding with the Downtown Georgetown Association for $2,246 for production of a billboard -- Gael Dillard, Chairperson of the Convention and Visitors Bureau Advisory Board, Mayor Pro Tem Doug Smith and Mayor Gary Nelon 2. Consideration and possible action on recommendation from the Convention and Visitors Bureau Advisory Board for cooperative advertising funding with the Georgetown High School Boys Basketball Booster Club for $1,400 for promotional and registration expenses -- Gael Dillard, Chairperson of the Convention and Visitors Bureau Advisory Board, Mayor Pro Tem Doug Smith and Mayor Gary Nelon 3. Consideration and possible action on the recommendation from the Economic Development Commission (EDC) regarding the selection of Matthew and Company to design, produce and deliver a minimum of 1000, 16 -page, 9"x12" four-color process City of Georgetown Economic Development brochures in an amount not to exceed $20,000 -- Paula Boggs, Chairperson of the Economic Development Commission, Mayor Pro Tem Doug Smith and Mayor Gary Nelon There were questions from Ken Evans and Jack Noble. Charlie Walker spoke for Paula Boggs. City Council Meeting Minutes/July 23, 2002 Page 2 of 11 Pages Evans asked and Walker responded that the $20,000 was specifically budgeted, with $15,000 from Economic Development Administration, and $5,000 from Convention and Visitors Bureau funding. K There is no Item K. Motion by Noble, second by Evans to approve the Consent Agenda in its entirety. Approved 5-0. Item T was pulled forward by the Mayor T Items Reviewed and Forwarded by the Planning and Zoning Commission 1. Consideration and possible action on a Concept Pian for 100.9133 acres out of the David Wright Survey, known as the Liese Tract, located on FM 2338 (Williams Drive), with a variance to the Subdivision Regulations -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services McCollum explained the item and noted that when this item was presented to the Planning and Zoning Commission the applicant was proposing some commercial zoning along Williams Drive that they have since deleted. She said the applicant will dedicate all of the acreage, other than the 4.91 acres to be sold to Faith Lutheran Church, as wildlife habitat. She reminded Council that the Concept Plan rules require that the applicant show all collector level streets and above, and the Thoroughfare Plan that was adopted on May 28, shows an extension of Serenada Drive through this tract. She told Council that the applicant is asking for a variance to not show the road on the Concept Plan. She said they are not required to do a tree survey at this time because they are dedicating the whole area to wildlife habitat. There was clarification that even though they are required to show the road, they are not required to build it. Don Bizzell, of Steger and Bizzell Engineers in Georgetown, representing Mr. Liese, told Council Liese has no intention of developing the property in the near future. He asked that the street not have to be shown at this time. Evans asked Amelia Sondgeroth to explain why the City is asking for the road to be shown. Sondgeroth explained that the indication of the road is a planning process to assist the City in its long-term and master planning, and said that in the future, the Century Plan could be amended if it was found that the roadway should not split the property; however at this time it is felt that a connector road would be necessary to provide a secondary roadway for Booty's Crossing and the Williams Drive area. Dan Godwin, 1202 Booty's Crossing Road, told Council that this project is not tied to his land adjacent to Mr. Liese's land and said he has no intention of selling his property for development. He said he thinks the road is unneeded. Milton Liese, 1086 Booty's Crossing Road, the applicant, said he has spent a very long time and considerable money getting to this point. He said the road creates a burden "in perpetuity" to the title to his land. He said because he has no plans for developing the property at this time, he sees no need to address this issue until the Detailed Development Plan stage. He said he recognizes the need for a strategic traffic plan. He said he has not seen a traffic study to justify this road. He said he is dedicated to assist Faith Lutheran in their expansion plan as long as it doesn't create a condition where he is coerced to agree with an onerous condition. Pfiester asked Liese if the road on the Concept Plan would effect the sale of the 4.91 acres. Liese said the contract would be in jeopardy following July 31, and he does not want to create an undefined easement that runs in perpetuity to the land. He said when there is an indication that it is needed, he would be happy to comply. He asked Council not to create a "cloud" to his title. Pfiester checked with Carls as to whether the Concept Plan showing the road would serve as a recorded easement. Carls replied that the Concept Plan is the first step in development, but there would be no conveyance by easement. She said the importance is that the person who files a preliminary plat, public record final plat, and then the final plat in order to be consistant with the concept plan, would need to acknowledge the road as shown on the Thoroughfare Plan. Pfiester asked if the Concept Plan would expire after two years if nothing is done. Sondgeroth said the Concept Plan does not go on for perpetuity, saying it expires based on phasing of future development. It was confirmed that at the Concept Plan stage an City Council Meeting Minutes/July 23, 2002 Page 3 of 11 Pages easement is not required to be recorded by separate instrument. Tommy Knudsen, 501 Country Road, said he is a neighbor to Liese. He said he thinks the City is taking advantage of the fact that Mr. Liese has agreed to sell a small piece of his property to the church. He said if Liese were putting in a housing development, he should be required to put in a road, but not because he is selling a small amount of acreage to a church. He asked the Council to do what they think is fair and right. Danny Swafford, 28013 Bay Hill Court, representing Faith Lutheran Church, requested that Council agree to the variance regarding the road. He said he understands the method of a Concept Plan, but he doesn't think it is absolutely necessary to have a Concept Plan just to allow the church to purchase the acreage from Liese. He said Liese has no reason to sell this property to the church and the contract for the sale expires on July 31. He expressed concern that the transaction might not occur. Betty Liese, 1086 Booty Road, said Booty Road is a narrow winding road with several deep dips and limited visibility that dead ends into the dam. She said there have been at least two fatalities, dead and maimed deer, and heavily damaged vehicles on Booty Road. She said to put in the Serenada extension will increase the traffic and the fatalities. She said the Concept Plan is not their plan, but the City's plan. Patricia Ziminskas, 400 Country Road, told Council she is a neighbor of Liese and has owned her home on 12 acres for 15 years. She said she has no intention of developing or subdividing her property. She said she is very concerned about the proposed collector road that will connect Country Road with the Texas Traditions Subdivision, saying that it is planned to go through her property. She said she was assured by the Council three years ago that they had no intention of building a road through her property, until and if she decided to develop or subdivide. She said she wasn't notified that this road was on the Thoroughfare Plan. Bill Chapman, 515 Riverview, said Pfiesters' questions of Mr. Liese drew out all of his points, and he relinquished the remainder of his time. Pfiester confirmed with Sondgeroth that if the variance is granted, the Thoroughfare Plan will serve as notice to a potential buyer or developer of the Liese property that the road will need to be shown on a Concept Plan. Evans asked Carls if a long-term lease with an option to buy would still trigger the need for a roadway. Carls said the ordinance addresses the "development" of the property, whether lease or sale. Sansing said he thinks Council should use "common sense" to deal with this item. He said he agrees with the applicant. Noble said he had suggested to Liese that he take the commercial zoning out of the proposal. He said he thinks it shouldn't be this difficult to sell five acres of property to a church. He said he hoped the Council could find someway to help this happen. There was further discussion and Carls reminded Council that if they were inclined to grant the variance, they would need to make the required findings of fact as a part of the motion. Noble asked to recess to Executive Session. 7:06 p.m. -- recessed to Executive Session 7:24 p.m. -- resumed Open Session Motion by Pfiester, second by Sansing to approve the requested variance so long as the tract remains wildlife habitat management for the following reasons: 1) The public convenience and welfare will be substantially served because the entire tract is designated and will remain a wildlife management habitat under this variance. 2) The appropriate use of surrounding property will not be substantially or permanently impaired or diminished because other residents in the same general area have expressed their disapproval of a collector street connecting with Booty's Road and of a denial of the variance. 3) The applicant has not created the hardship from which relief is sought because the Lieses do not plan to construct a collector road across their property as this entire tract is designated a wildlife management habitat and irreparable damage would be done to not only the wildlife, but also the trees and native plants the Lieses are working to preserve as long as it is a wildlife management habitat. 4) The variances will not confer upon the applicant a special right or privilege not commonly shared or available to the City Council Meeting Minutes/July 23, 2002 Page 4 of 11 Pages owners of similar and surrounding property as long as it remains a wildlife habitat. 5) The hardship from which relief is sought is not solely of an economic nature because the variance is subject to the tract remaining as a wildlife management habitat. 6) The variance is not contrary to the public interest because a wildlife management habitat area will be left untouched in this increasingly developed portion of the city, and the neighborhood would not be subjected to increased traffic as long as it is a wildlife management habitat. 7) Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship, because the Lieses have no plan to develop their property. The Concept Plan is being required by the sale of 4.91 acres to Faith Lutheran Church. 8) In granting the variance, the spirit of the ordinance is observed and substantial justice is done because a wildlife area will be left untouched in this increasingly developed portion of the city and the Lieses will be allowed to continue with the sale of the land to the Church and the wildlife habitat area will be left untouched. Smith noted that this was a very difficult issue for the Council. He said the Council understands the positions of the speakers, sympathizes with them, and wants to do what is right. He noted there is also a great need to plan for future roads due to the expected growth that will occur and that is why this decision was so difficult for Council. Motion Approved 5-0. 2. Consideration and possible action on a Public Review Final Plat for 4.91 acres in the David Wright Survey, to be known as Faith Lutheran Church, Phase Two, located on FM Hwy 2338 (Williams Drive), with a variance to the Subdivision Regulations -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services McCollum explained the item and said that the applicant is requesting a variance to the tree survey since the property to be sold is less than five acres. She noted that the Planning and Zoning Commission recommends approval subject to the requirement of the tree survey of this 4.91 acres prior to the recording of this plat. Milton Liese, 1086 Booty's Road, thanked the Council for their decision on the last item. He told Council he is supportive of Faith Lutheran Church. Don_Bizzell, representing Liese and the Church, requested, because of the shortness of time to get the sale transaction closed, that the tree survey be delayed until the Detailed Development Plan stage because it will take a long time and be costly to do a tree survey at this time. He said members of the congregation have told him that the Church would probably be developing the property within 2-5 years. Bill Chapman, 515 Riverview, representing the Church, asked Council, if in fact they did not develop for 3-5 years, would they be required to do the tree survey again? Danny Swafford, 29013 Bay Hill Court, representing the church, said they would be happy to comply at the time of the Detailed Development Pian (DDP). Bill Lowry, pastor of Faith Lutheran Church, also a chaplain at the Police Department, asked that the Church be allowed to save the money now and comply at a later date. Pfiester asked Sondgeroth to respond regarding the consequences if the tree survey is delayed. She explained that the ordinance requires that the tree survey be done at this stage of the development because it ensures that no trees are destroyed between now and the date of the DDP when the tree protection plan is required. Bizzell asked Council to note all the beautiful trees that have been saved in the church site as it stands now, and said it would not be in the Church's best interest to remove any trees before the DDP. Pfiester asked the Church to respond that the tree survey is not an economic hardship. He received confirmation from Swafford in the audience. Motion by Pfiester, second by Sansing to approve the public review final plat with a variance to delay the tree survey until the filing of the DDP for the following reasons: 1) The public convenience and welfare will be substantially served because it will allow Faith Lutheran Church to defer the tree survey until the expansion of their church facilities and the known footprint is available. 2) The appropriate use of surrounding property will not be substantially or permanently impaired or diminished because the tree survey will not affect the adjacent property. 3) There are no economic hardships involved. The subdivision is 4.91 acres in area, which is below the 5 -acre requirement for a non-residential project. The tree survey is required at this stage only because if is part of a larger City Council Meeting Minutes/July 23, 2002 Page 5 of 11 Pages concept plan. 4) The requested variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property because the tree survey is not being eliminated, just delayed. 5) The hardship from which relief is sought is not solely of an economic nature because the variance simply defers when the costs will be incurred. 6) The variance is not contrary to the public interest because the property is being platted for the transfer of title. The Church has no immediate plans for development. 7) The spirit of the ordinance will be observed because it will allow growth of Faith Lutheran Church which is beneficial to the public interest. 8) The variance is not contrary to the public interest because allowing growth of Faith Lutheran Church is, in fact, benficial. Smith noted that he has more faith in the Church, no pun intended, than on the developers. Noble said when the ordinances were passed he thinks the Council had commercial development in mind and not churches. Motion approved 5-0. R Appointments 1. Consideration and possible action to approve the appointment of Paula Boggs to the Capital Area Economic Development District (CAEDD) Board of Directors -- Mayor Pro Tem Doug Smith and Mayor Gary Nelon Smith noted that Ms. Boggs is current chair of the City of Georgetown Economic Development Commission. Motion by Evans, second by Noble to approve the appointment of Paula Boggs to the CAEDD. Approved 5-0. 2. Consideration and possible action regarding appointment of members to Economic Development Commission, Historic and Architectural Review Commission, and Planning and Zoning Commission due to vacancies -- Mayor Pro Tem Doug Smith and Mayor Gary Nelon There was discussion. Motion by Noble, second by Sansing to approve the appointments. Smith asked Noble the appointment. Approved 5-0 of and Sansing property to withdraw delayed, their motion, so that each appointment worked could this be handled be individually. Smith announced that the recommended appointment for alternate to the Planning and Zoning Commission is Jenni Shields. Motion by Noble, second by Sansing to approve the appointment. Approved 5-0 Smith announced that the recommended appointment to the Economic Development Commission is Henry Boeker. Motion by Noble, second by Sansing to approve the appointment. Approved 5-0 Smith announced that the appointment to the Historic and Architectural Review Commission would be deferred to a future meeting. 3. Notification of appointment of Mrs. Judith Carver to the Williamson -Burnet County Opportunities (WBCO) Board of Directors -- Mayor Pro Tem Doug Smith and Mayor Gary Nelon Smith announced the appointment of Ms. Carver. L Public Hearings and Rezoning Ordinances 1. Second Public Hearing concerning the annexation into the City of 34.55 acres, more or less, in the Burrell Eaves Survey, located north of Sun City Boulevard to be known as Neighborhood 14 A & B, Sun City Texas -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services The Public Hearing was opened at 7:55 p.m. Polasek explained the proposed annexation. Todd Jansen, applicant, asked if there were questions. There were no questions or comments. The Public Hearing was closed at 7:57 p.m. 2. Second Public Hearing concerning the annexation into the City of 1.02 acres, more or less, in the William Addison Survey, located at the Southeast corner of Summercrest Subdivision, to be known as Summercrest Water Quality Pond -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services The Public Hearing was opened at 7:57 p.m. Polasek explained the proposed annexation, saying that the sale of the property is currently delayed, and if things aren't worked out, this process may have to be City Council Meeting Minutes/July 23, 2002 Page 6 of 11 Pages repeated at the August 13 meeting. The Public Hearing was closed at 7:58 p.m. 3. Public Hearing for rezoning a total of 86.708 acres, out of the Burrell Eaves Survey, being 34.555 acres, from A, Agricultural to RP, Residential Planned, or more restrictive district, and 52.153 acres, from RP, Residential Planned, to RP, Residential Planned Revised, or more restrictive district, to be known as Sun City Georgetown, Neighborhood 14 A and B, and located on Sun City Boulevard -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services The Public Hearing was opened at 7:59 p.m. McCollum explained the rezoning. Todd Jansen called Council's attention to a minor change on 14B, explaining that four lots were removed from the rezoning to be included in a nature preserve. He offered to answer questions. There was discussion. The public hearing was closed at 8:02 p.m. 4. First Reading of an ordinance rezoning a total of 86.708 acres, out of the Burrell Eaves Survey, being 34.555 acres, from A, Agricultural to RP, Residential Planned, or more restrictive district, and 52.153 acres, from RP, Residential Planned, to RP, Residential Planned Revised, or more restrictive district, to be known as Sun City Georgetown, Neighborhood 14 A and 13, and located on Sun City Boulevard -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services McCollum read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Noble, second by Pfiester to approve the ordinance on first reading. Approved 5-0. 5. Public Hearing for the rezoning of 5.00 acres, out of the Chaparro Estates, Lot 3, from A, Agricultural to C2A, Commercial First Height, or more restrictive district, located on the east side of Williams Drive (FM 2338) north of Sedro Trail -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Development Services This item was pulled at the request of the applicant. 6. First Reading of an ordinance rezoning of 5.00 acres, out of the Chaparro Estates, Lot 3, from A, Agricultural to C2A, Commercial First Height, or more restrictive district, located on the east side of Williams Drive (FM 2338) north of Sedro Trail -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Development Services This item was pulled at the request of the applicant. 7. Public Hearing for rezoning from A, Agricultural to R -P, Residential Planned, or more restrictive district for a 29.90 acre tract in the Burrell Eaves, the Frederick Foy, and the Daniel Monroe Surveys, to be known as Sun City Georgetown, Neighborhood Thirty -Four, located along Sun City Boulevard -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Development Services The Public Hearing was opened at 8:04 p.m. Ray explained the proposed rezoning. Todd Jansen offered to answer questions. were no comments or questions. Public Hearing was closed at 8:06 p.m. There The 8. First Reading of an ordinance rezoning from A, Agricultural to R -P, Residential Planned, or more restrictive district for a 29.90 acre tract in the Burrell Eaves, the Frederick Foy, and the Daniel Monroe Surveys, to be known as Sun City Georgetown, Neighborhood Thirty -Four, located along Sun City Boulevard -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Development Services Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Evans, second by Sansing to approve the ordinance on first reading. Approved 5-0. M Consideration and possible action on a request to approve resolutions for a Texas Parks and Wildlife Grant and a Lower Colorado River Authority Grant to develop a hike/bike trail along the North San Gabriel River to Lake Georgetown -- Jean Houck, Vice Chair of the Parks Board, Mayor Pro Tem Doug Smith and Mayor Gary Nelon Jean Houck reported that the Board supports the resolutions and that the results of the Parks and Recreation Survey showed a need for linear parks and hike/bike trails. She urged Council to approve the resolutions. City Council Meeting Minutes/July 23, 2002 Page 7 of 11 Pages Pfiester asked and Morrow responded about the matching land used for the grant. Pfiester and Sansing commended Morrow for submitting the applications. Sansing questioned the use of concrete for the trails, and Morrow explained that those trails closest to the water are planned to be concrete because of the possibility of flooding. Motion by Pfiester, second by Evans to approve the resolutions. Approved 5-0. N Consideration and possible action on a request by Habitat for Humanity of Greater Georgetown, Texas to advertise for bids two City -owned lots-- Councilmember Jack Noble Noble introduced Bill Peel, Executive Director of Habitat for Humanity, who explained that Habitat hopes to build six houses this year. He said the Appraisal District shows that the City owns several lots. He said Habitat would like to be able to purchase those lots and build houses that would be available for low-income applicants and put the property back on the tax rolls. He asked that the lots be put up for bid and sold to the highest bidder with no minimum bid required. Chris Brown, President of the Board of Habitat for Humanity, thanked this Council and the previous Council for allowing Habitat to build low income homes. He named two specific lots that Habitat would like the City to submit for bids. Noble asked and Peel agreed that if there were a question on the title, Habitat would pay to clear the titles, and Carls clarified that the City would pay the title costs and specifiy in the bid that whoever is the high bidder would need to reimburse the City for the title research fees. Motion by Noble, second by Sansing to put the two properties up for bid as requested in a letter from Habitat, with the proviso that the title would need to be cleared by whomever purchases the property. When asked by Pfiester, Carls clarified that unless the Council directed to have a public auction, the sale procedure would be "sealed bids." Sansing asked if the City could prepare a list of property owned by the City. Yantis explained that the list supplied by the Appraisal District is not necessarily accurate. He explained that the process for verifying actual title of the properties on the Appraisal District list is a time-consuming one and has not been accomplished to date. Yantis said the City would need to be sure that there are no other intended city uses for the city -owned property that is considered for sale. Motion by Noble, second by Sansing to amend the original motion to not limit the consideration for sale to the two lots described in the letter. Approved 5-0. Vote on original motion as amended: Approved 5-0. O Discussion and possible action authorizing the mayor and city manager to work in cooperation with the cities of Round Rock, and Austin on adoption of ordinances implementing truck lane restrictions on IH -35 -- Tom Yantis, Interim City Manager Yantis explained the recent state law that allows cities to restrict truck travel through their city limits on Interstate Highway 35. He noted that the City of Round Rock has sent a letter requesting that the City of Georgetown cooperate with the other cities to restrict truck traffic. He explained that there would be public hearings on the draft ordinances and those ordinances would be submitted to the Texas Department of Transportation. Motion by Evans, second by Pfiester to authorize the City Manager to work in cooperation with the other cities on adoption of ordinances regarding regulating truck traffic on IH -35. There was discussion. Approved 5-0, P Discussion and possible action authorizing staff to expend up to $12,000 from Council Contingency to complete the Williams Drive Corridor Study component of the Future Land Use Plan -- Amelia Sondgeroth, Director of Development Services and Tom Yantis, Interim City Manager Yantis explained the item. Evans asked if "gateway roads" would be considered in this study, particularly regarding signage. Yantis said he thinks this $12,000 would be for the future land use map for Williams Drive only. There was further discussion regarding the resources needed to complete this project, and additional discussion regarding the "gateways." Motion by Noble, second by Evans to expend $12,000 from the Council Contingency Fund for the Williams Drive Corridor Study. Approved 5-0, Q Consideration and possible action to waive the $75 fee to enable the Williamson County Art Guild to hang a temporary banner promoting their event on the Williamson County Courthouse on the Square in downtown Georgetown -- Councilmember Gabe Sansing City Council Meeting Minutes/July 23, 2002 Page 8 of 11 Pages Sansing said he had told the Art Guild that he would sponsor an agenda item for the banner. He said the event has occurred, the banner has been hung, and the City Manager was willing to waive the fee on a temporary basis. He said he feels that art and the Art Guild are important to the City. There was discussion as to when fees are waived or not waived. Pfiester said at the last meeting four events were listed for which fees would be waived. Sansing noted that several permit fees of $100 have been recently waived for National Night Out. Motion by Pfiester, second by Evans to deny waiving of the $75 fee for the Williamson County Art Guild. Aproved 3-2. Carls was asked to respond as to whether the vote of 3-2 was adequate. Carls noted that the Charter says a majority is required for legislative action, and she said she is not sure that waiving a fee is legislative action, but since it was pointed out that this vote did not waive the fee, the effect is that the issue fails. R Appointments 1. Consideration and possible action to approve the appointment of Paula Boggs to the Capital Area Economic Development District (CAEDD) Board of Directors -- Mayor Pro Tem Doug Smith and Mayor Gary Nelon This item was handled earlier following Item T-2. 2. Consideration and possible action regarding appointment of members to Economic Development Commission, Historic and Architectural Review Commission, and Planning and Zoning Commission due to vacancies -- Mayor Pro Tem Doug Smith and Mayor Gary Nelon This item was handled earlier following Item T-2. 3. Notification of appointment of Mrs. Judith Carver to the Williamson -Burnet County Opportunities (WBCO) Board of Directors -- Mayor Pro Tem Doug Smith and Mayor Gary Nelon This item was handled earlier following Item T-2. S Items Reviewed and Forwarded by the Georgetown Utility System Advisory Board 1. Consideration and possible action to award the bid to Southwest Cornerstone corporation of Austin, Texas and approve the project budget for construction of the Serenada East -- Phase 3 Wastewater System Improvements as part of the 2001/2002 CIP Wastewater System Improvements -- Glenn Dishong, Water/Wastewater Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying this is Phase 3 of a three-phase project. He noted that this was approved by the Georgetown Utility System Advisory Board. It was discussed that the ditches were dug four or five months ago during Phase II to allow some savings. He said a meeting was held at the Tennis Center to inform the citizens regarding the project. He said he was asked in that meeting to send letters and the letters have been sent to keep the citizens up to date. Motion by Evans, second by Pfiester to award the bid to Southwest Cornerstone Corporation and approve the project budget for construction of the Serenada East Phase 3 Wastewater System Improvements. Approved 5-0. 2. Consideration and possible action to approve the cost participation of Georgetown Utility Systems with Logan Plateau, LLP in the installation of Wastewater service through the Berry Creek Reserve II development to facilitate wastewater service to the Logan Plateau development -- Glenn Dishong, Water/Wastewater Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong asked Council to approve cost participation and showed a map of the route for the line. He explained the history of the item. There were questions and discussion. Evans explained that this issue was discussed by the Georgetown Utility System (GUS) Advisory Board, and a unanimous decision was made to recommend this item to the Council. He said it was determined that it would be much more expensive to do this later. Dishong noted that the Berry Creek Reserve I I Development will not split the cost with the City and Logan Plateau Development, so therefore, Logan Plateau Development will pay a little more than 2/3 of the cost for the line because the cost has escalated from $150,000 to $162,000. Pfiester suggested that the Unified Devlopment Code process needs to address the subsequent user fee. Motion by Evans, second by Pfiester to approve the $50,000 cost participation with Logan Plateau LLP in the installation of wastewater service through Berry Creek Reserve II Development. Smith suggested that, in the future, any dissenting votes on the GUS Board be listed on the agenda item cover sheet. It was clarified that there were no dissenting votes from the GUS Board on this item. Approved 5-0. City Council Meeting Minutes/July 23, 2002 Page 9 of 11 Pages 3. Consideration and possible action to approve the cost participation of Georgetown Utility Systems with Shell Ranch Development, Inc. in the upsizing of the Georgetown Village Wastewater Interceptor line -- Glenn Dishong, Water/Wastewater Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item. He said the wastewater interceptor line is on the Wastewater Master Plan for the Georgetown Village Subdivision, saying the City has requested to participate in order to increase the line size by 3 inches and bury the line deeper in order to be able to gravity flow to extend wastewater beyond the Georgetown Village west to the Serenada Subdivision. There was discussion. Motion by Evans, second by Sansing to approve the cost participation. Smith asked if this wastewater line will make it possible to annex parts of Serenada. Dishong said he thinks this would at least put the wastewater system up ahead of any potential annexation. Pfiester noted that although the large line would be put in at a cost of $335,000 for 100 homes, there would still be the expense of approximately $3500 to connect to each house. Approved 5-0. 4. Consideration of an award of the annual bid for water and wastewater pipe and fittings to various bidders in the estimated amount of $94,030.00 -- Terry Jones, Purchasing Director and Jim Briggs, Assistant City Manager for Utility Operations Iwers explained the item. She noted that this item was approved by the GUS Board. Motion by Evans, second by Noble to approve the annual bid. Approved 5-0. T Items Reviewed and Forwarded by the Planning and Zoning Commission 1. Consideration and possible action on a Concept Plan for 100.9133 acres out of the David Wright Survey, known as the Liese Tract, located on FM 2338 (Williams Drive), with a variance to the Subdivision Regulations -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services This item was handled at the beginning of the Regular Agenda. 2. Consideration and possible action on a Public Review Final Plat for 4.91 acres in the David Wright Survey, to be known as Faith Lutheran Church, Phase Two, located on FM Hwy 2338 (Williams Drive), with a variance to the Subdivision Regulations -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services This item was handled at the beginning of the Regular Agenda. U Second Readings 1. Second Reading for a Rezoning of Crestview Addition, Unit 1, Block 2, Lot 7, from RS, Residential Single Family to RM -3, Office and Service Use, or more restrictive district, located at 1614 Williams Drive -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Development Services Ray read only the caption of the ordinance on second reading. There was discussion regarding parking and councilmembers signage. Motion by Pfiester, second was not by Sansing to approve Ordinance 200246. Approved 5-0. 2. Second Reading of an ordinance adding Section 2.36.020 to the Georgetown Code of Ordinances to address the applicability of 9.01 of the City Charter (regarding nepotism) to appointments to advisory commissions, committees and boards -- Councilmember Farley Snell Pfiester filed an abstention affidavit and left the dais for this item. it was determined that there were not sufficient councilmembers to constitute a quorum, so this item was not considered by the Council. However, due to the fact that three citizens had registered to speak to Council regarding this item and had waited through the entire meeting for that opportunity to speak, Carls recommended to Smith that they be allowed to address the Council. Penny Burt, 3803 Roble Grande Circle, reminded Council that in May she had written to the Council asking for disclosure of airport interests of all elected and appointed officials and decision-making staff. She thanked Sam and Don Pfiester for their service in respect to the Airport. She asked that Council strengthen the conflict of interest provisions beyond those required by the Local Government Code. She said she is troubled by the refusal of Sam Pfiester to recuse himself from voting on Airport issues because it gives an City Council Meeting Minutes/July 23, 2002 Page 10 of 11 Pages appearance of impropriety due to the long-term lease and airport business of his brother, Don. She asked that language be added to the pending nepotism ordinance that defines conflict of interest to reflect relationships within the third degree as well as substantial monetary interests. Della Green, 1901 Vine Street, told Council, according to the Charter Sec. 9.01, people related to Councilmembers should not be appointed to any position of trust for the City. Elizabeth Hunter, 3805 Roble Grande Circle, told Council they shouldn't allow any situation that appears biased or unfair. She distributed copies of an e-mail letter that she had sent to the newspapers. Due to the lack of a quorum, no further discussion was held on this item. The meeting was adjourned at 09:31 PM. Approved : Mayor M yor Pro Tem Doug Smith ' City Secretary Sandra City Council Meeting Minutes/July 23, 2002 Page 11 of 11 Pages