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HomeMy WebLinkAboutMIN 12.13.2005 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present: ! Council Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry All Council present Carr, John Kirby, Farley Snell, Ben Oliver - — Staff Present: ---- -- -- - Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Marsha Iwers, Acting Purchasing Manager; Terry Jones, Support Services Director; Micki Rundell, Director of Finance and Administration; Travis McLain, Airport Manager; Eric Lashley, Library Director; Anthony Lincoln, Fire Chief; Kimberly Garrett, Asst. Director of Recreation and Programs; Mike Mayben, Energy Services Manager; Glenn Dishong, Water Services Manager; Bobby Ray, Acting Director of Planning and Development; Ed Polasek, Chief Long -Range Planner; Laurie Brewer, Controller; Mark Miller, Transportation Services Manager; Rebecca Rowe, Historic District Planner; Melissa McCollum, Development Planner; Keith Hutchinson, Public Information Officer 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 regarding the "Application of the City of Leander to Amend Water Certificate of Convenience and Necessity (CCN) No. 10302 and Sewer CCN No. 20626 in Williamson and Travis Counties, Application Nos. 34789-C and 34790-C," SOAH Docket No. 582-05-7095; TCEQ Docket No. 2005-0864-UCR - Discussion and possible action relating to legal issues associated with the Del Webb Development Agreements and the proposed expansion of Sun City by 2500 units B Sec.551.087: Deliberations Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations There was no Executive Session held at this meeting. Regular Session C Call to Order The meeting was called to order at 6:00 p.m. D Pledge of Allegiance City Council Meeting Minutes/December 13, 2005 Page 1 of 17 Pages Mayor Nelon led the Pledge. E Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience. - Review of procedure for addressing the City Council Mayor Nelon reviewed the procedure for addressing the Council. - Announcement of recruitment to fill expiring and vacant positions on all City Council -appointed Boards and Commissions for 2006. Mayor Nelon announced that the deadling for applications is Friday, December 30, 2005. F Announcements and Comments from City Manager Brandenburg made the following announcements: - The City of Georgetown will be closed for the Christmas Holidays on Friday, December 23rd and Monday, December 26th. City offices will also be closed on January 2, 2006 in observance of the New Year. - The City of Georgetown is now accepting applications for vacant or expiring terms on its Boards & Commissions, as well as applications for membership on the Animal Services Task Force. There are informational flyers, applications, and listings of available positions located on the table at the back of the Council Chamber with the council agendas. Additional information and applications can be obtained on the City's Website at www.georgetown.org or at City Hall which is located at 113 E. 8th Street, at the Public Library and other City Offices. The Deadline for filing applications is December 30, 2005. - There will be a Special Council Meeting on Friday, December 23rd at 6:00 p.m. for 2nd readings regarding Annexations. - Texas Disposal Systems will run normal trash pickup routes during the Christmas and New Year's holidays. There will be no change in normal schedules. If you have any questions about trash pickup, please contact Texas Disposal Systems at 930-1715. G Public Wishing to Address Council No persons who requested to address the Council on items other than already posted on the Agenda. H Action from Executive Session on Monday, December 12, 2005 - Motion by Smith, second by Oliver that the City Council authorize the City Attorney and Mr. Hamala to transmit a written counteroffer to the City of Leander's November 18, 2005 letter relating to the "Application of the City of Leander to Amend Water Certificate of Convenience and Necessity No. 10302 and Sewer Certificate of Convenience and Necessity No. 20606," consistent with the draft letter presented in executive session last night and with the direction given by the Council. Approved 7-0 - Motion by Smith, second by Carr that Mr. Hamala and the City Attorney be authorized to commence settlement discussions with the City of Leander consistent with the terms of the City's counteroffer, and that the final draft of the settlement agreement be brought back to City Council for final approval. Approved 7-0 - Motion by Smith, second by Eason that the City Council authorize Mr. Hamala to sign a "Rule 11 Agreement' that would suspend the discovery and other obligations of the City during the settlement discussions. Approved 7-0 • • Consideration and possible action to approve the minutes of the Council Workshop on Monday, November 21, and the regular Council Meeting on Tuesday, November 22, 2005 -- Sandra D. Lee, City Secretary J Consideration and possible action for the award of the annual bid for emulsion to SemMaterials in the estimated amount of $35,000.00 -- Marsha Iwers, Acting Purchasing Manager and Micki Rundell, Director of Finance and Administration K Consideration and possible action on the purchase of 800 Mhz radios from the Houston -Galveston Area Council of Governments (HGAC) in the amount of $34,546.34 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance and Administration L Airport Leases 1. Consideration and possible action to authorize the Mayor to execute a long-term, Airport Ground Lease with Stanley and Carol Jensen for aircraft storage located at 504 Wright Brothers Drive, and to recommend a rental rate -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager (pulled by Snell for questions) Snell asked and McLain confirmed that this is one of the first leases done within the new Airport Master Plan that helps the City gain control over the land use at the Airport. City Council Meeting Minutes/December 13, 2005 Page 2 of 17 Pages 2. Consideration and possible action to recommend that Council approve an Amendment to the Microfusion Land Lease at 302 Wright Brothers Drive, extending the Mandatory Construction Deadline to June 30, 2006 -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager (pulled by Snell for questions) Snell asked and McLain confirmed that a lease rate of $0.14 per square foot brings this lease into conformity with other leases at the Airport. 3. Consideration and possible action to approve a 15 -year extension to the Lease Agreement for Hangar D with SR Aviation -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager (pulled by Snell for questions) Snell asked and McLain explained that this hangar was originally built in the 70's by First Texas Bank Corp, and when they no longer needed it, they sold it to the City. In July, 1989, the City leased the hangar to Gantt Aviation, and it has been transferred to several different lessees. He said the current rent is $772.00 per month, with the lease expiring in 2012. He said the current lessee, SR Aviation, has asked for a 15 -year extension and plans to add covered parking and office space for the estimated improvement amount of $100,000.00. M Consideration and possible action on a Public Review Final Plat for 41.40 acres in the Frederick Foy Survey, to be known as the Planned Unit Development of Sun City Georgetown Neighborhood Thirty -Two, located about two miles northwest of the intersection of Del Webb Blvd. and Sun City Blvd. N Consideration of a resolution granting a petition and setting public hearing dates for the voluntary annexation into the City of 13.95 acres, more or less, in the Lewis J. Dyches Survey, to be known as Pleasant Valley, Section Two Street -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner O Consideration and possible action to approve a Resolution supporting and endorsing the efforts of Northwest Residential LP, a Texas Limited Partnership to obtain HOME funds and a Housing Tax Credit allocation from the Texas Department of Housing and Community Affairs for the Northwest Residential Apartment Home Community project to construct multi -family housing units, located near the intersection of River Bend Drive and Westwood Lane, Georgetown, Texas -- Tom Yantis, Assistant City Manager P Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning a twenty foot (20') Public Utility Easement along a portion of Sequoia Spur abandoned by prior City Council action and described as a 0.177 acre portion of Lot 3, the Amended Plat of Lots 3 and 4, Dicotec Subdivision -- James G. Babcock, AICP, Development Technician and Bobby Ray, AICP, Interim Director, Planning and Development Motion by Sansing, second by Carr to approve the Consent Agenda in its entirety. Approved 7-0. Q Consideration and possible action with respect to the first and final reading of an Ordinance Authorizing the Issuance of City of Georgetown, Texas General Obligation Bonds, Series 2005A in the amount of $7,100,000; Levying an Ad Valorem Tax in Support of the Bonds; Approving a Paying Agent/Registrar Agreement, an Official Statement and a Purchase Agreement; and Authorizing Other Matters Relating to the Bonds -- Micki Rundell, Director of Finance and Administration Rundell explained the item, saying these bonds were approved by the voters in November, 2004, for construction of the new Library. She introduced Garry Kimball with First Southwest Company, the City's financial adviser, and Richard Donoghue from McCall Parkhurst, the City's bond counsel. Kimball said the bonds were sold yesterday. He said they received some very good feedback from both Standard and Poors and Moodys regarding the bond ratings, which were both affirmed at A+ and A-1. He said they indicated that they can forecast that the City will be in the AA category very soon. He provided copies and explained the Final Pricing Summary, saying the true interest cost is 4.47°/x. Smith asked Rundell what the City would do if the Library should cost more than the bond amount, since the City has already spent most of the contingency on the underground gas line. Rundell said there shouldn't be any more cost increases over the amount of the contract because there is a contingency built City Council Meeting Minutes/December 13, 2005 Page 3 of 17 Pages into the contract. She said, in the event that the cost did go over, there would need to be adjustments made because the City was only allocated $9.8 million by the voters to build the Libary. Motion by Snell, second by Smith to approve Ordinance 2005-81. Approved 7-0. Snell noted the coincidence of the debt service amount matching the amount of revenue from the 1/8 percent of sales tax for property tax relief for this year. Kimball announced that Standard and Poors and Moodys both told him that the City Finance Staff is already at AAA rating. R Consideration and possible action to amend the development agreement with San Gabriel River Place Partners to extend the construction commencement date by 30 days -- Tom Yantis, Assistant City Manager Yantis explained the reason for the request for extension of the commencement date is due to the delay in receiving final approval from the Texas Commission on Environmental Quality (TCEQ). Sansing said he can appreciate the situation that the developer is in. Motion by Sansing, second by Smith to approve. Approved 7-0. S Consideration and possible action to give permission to the Arts and Culture Advisory Board to issue certificates of appreciation for outstanding contributions to the arts and culture of Georgetown -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Lashley introduced Paul Gaffney, Chair of the Arts and Culture Board. Gaffney explained the request from the Board. Motion by Carr, second by Kirby to approve. Approved 7-0. T Consideration and possible action to authorize the implementation and purchase of the Fire View Analysis Program in the amount of $31,429.15 -- Anthony Lincoln, Fire Chief Lincoln explained that the requested program will allow the Fire Records Management System to work more efficiently. He said it will display trends and needs, help to educate citizens, and will be a visual study guide for fire data, to enable Georgetown to visualize incident patterns, map repeat calls, and discover hazards, risks and vulnerabilities. Lincoln said this will help the development of a standardized response. Motion by Sansing, second by Eason to approve. Approved 7-0, U Consideration and possible action to approve purchase of two Toro Mowers from Professional Turf Products through the Texas Local Government Cooperative contract in the amount of $66,000.00 -- Marsha Iwers, Acting Purchasing Director and Micki Rundell, Director of Finance and Administration Iwers explained the item. She told Council there are no local sources for this specialized equipment. Smith asked and Morrow responded that the ball fields are on a high maintenance schedule, and it would be more expensive to contract for that service than do it with City employees. Motion by Sansing, second by Carr to approve. Approved 7-0. V Consideration and possible action to approve the award of bid for Williams Drive Filtration and Swimming Pool Renovations to Progressive Commercial Aquatics, Inc. in the amount of $130,547.00 -- Kimberly Garrett, Assistant Director of Recreation and Programs and Randy Morrow, Director of Community Services Garrett explained the item, saying the amount is within the allotted budget. Motion by Sansing, second by Smith to approve. Approved 7-0. W Consideration and possible action on the Maple Street cost sharing plan with Southwestern University (SU) -- Paul Brandenburg, City Manager Below are listed the five options as provided to Council on the agenda item cover sheet: 0 1A -- City debt funds 50% of cost of relocation (10 years). ® 1 B -- City debt funds 50% of cost of relocation (20 years). ® 2 -- City funds entire cost of relocation (up -front), with Southwestern reimbursing 100% of the costs over a 10 -year period through annual payments. ® 3 -- Southwestern funds the cost of the relocation with the City reimbursing 50% of the costs over a 10 -year period. ® 4 -- includes additional cross walks, additional traffic calming devices, an additional stop sign and the elimination of on -street parking along the west side of Maple Street. Brandenburg explained each of the five options, and asked for Council's preference. City Council Meeting Minutes/December 13, 2005 Page 4 of 17 Pages Oliver asked to hear representatives from Southwestern comment on their opinions of the options. Speaker, Richard Anderson, from Southwestern University, said SU would prefer options 1A, 1 B or 3. He said they would prefer moving Maple Street, along with implementation of some of the safety improvements proposed in Option 4. Snell asked and Brandenburg explained that if the Council agrees to 1A, 1 B or 3, the agreement would include attachments which would show exact maps. He said if Maple Street is relocated, it would shift to the west near the railroad tract, and there would be east -west roads that would bisect that through campus heading east, but those roads would not be for the use of the traffic that cuts through on Maple. Oliver said he thinks Option 4 to slow the traffic on Maple would create more traffic on Pine and Elm. Kirby said he remembers that Carl Doering had suggested swapping some land for the City to use as cemetery lots. Smith said he believes that Option 1 with a 50-50 split of the costs is the way to go, and whether it is financed over 10 or 20 years has nothing to do with Southwestern. Motion by Smith, second by Oliver that the $950,000 cost of the road be split equally between the City and Southwestern University, and further, the cost of moving utilities would be borne entirely by Southwestern, because moving those utilities would be their decision. Sansing said he had already questioned Briggs about the swapping of land that Kirby suggested and was told that the TCEQ would not allow additional cemetery land over the Aquifer. Snell said he has always had a good relationship with Southwestern, but he doesn't see that the City gains by either closing or moving Maple Street, and if it needs to be closed or moved, the cost should be borne by Southwestern. He said he thinks it is an inappropriate use of the City's General Funds, so he will vote against the motion. Carr said he agrees with Snell, and he said he sees this as a tax increase, and he will not vote for it. iVelon explained some history about Maple being put in originally as an improvement for traffic circulation. He said the traffic consultant noted that Maple Street is needed as a north -south road for the City and was not intended for use only by the University. Smith said Snell and Carr are both on the 4A Board, looking at spending money for economic reasons. He said Southwestern is a great economic reason to spend the money. Eason said SU was there before Georgetown, and many residents of the City wouldn't have jobs if it weren't for Southwestern. She said Southwestern's need to build residential quarters is essential to the increase of the student body. She said Option 4 would have the same kind of impact as narrowing Austin Avenue. She said she would support Smith's motion. Snell said the money spent out of 4B funds is from sales tax dedicated for streets that would impact economic development. He said this project is not economic development, but is an "economic engine," and there are lots of "economic engines" around the City. Oliver said he thinks this is a road and safety issue, and the City has an obligation to provide a north -south route in that part of town, so he does think the City has an interest. He agreed that it does benefit the University because it gives them an opportunity to expand their housing and compete for students, which is an economic issue. Kirby said he thinks this benefits Southwestern more than the City, and suggested something less than the 50/50 split of costs. Motion to amend by Kirby, second by Snell to go with Option 2, but make it one-quarter percent from the City and three-quarter percent from SU. Denied 4-3. (Eason, Smith, Oliver and Sansing opposed) Brandenburg asked if the total exceeds $950,000, how the Council wanted to handle it. Smith said the intent of his motion was for 50-50 cost sharing. Vote on original motion: Approved 4-3. (Kirby, Snell and Carr opposed) X Consideration and possible action to approve a Resolution confirming the appointment of James W. Montgomery to fill the current vacancy on the Fire Fighters' and Police Officers' Civil Service Commission -- Paul E. Brandenburg, City Manager Brandenburg explained that Montgomery was previously appointed to fill the vacancy of an unexpired term and that term has now expired, so this item is a request to re -appoint him to that position. Motion by Carr, City Council Meeting Minutes/December 13, 2005 Page 5 of 17 Pages second by Kirby to approve. Approved 7-0. Y Items forwarded from the Georgetown Utility System (GUS) Advisory Board 1. Consideration and possible action to approve purchase of prestressed spun -cast concrete poles from Newmark International, Inc. in the amount of $122,131.00 -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utilities Mayben explained the item, saying the poles will be used from Westinghouse Road to Chandler Road for the new line to carry the load required for the shopping center. He said the developer, Simon/Chelsea, will reimburse the City in the amount of $70,000.00. He said this was approved by the GUS Board. Motion by Snell, second by Sansing to approve. Approved 7-0. 2. Consideration and possible action to award a contract to DMS Painting of Pasedena, Texas for the rehabilitation of the Central Elevated Storage Tank and to establish a project budget of $250,000.00 -- Glenn Dishong, Water Services Manager, and Jim Briggs, Assistant City Manager for Utilities Dishong explained the item, saying this continues the plan to rehabilitate the ground and elevated storage tanks. Smith said this was approved by the GUS Board and the contractor will paint the script "G" for the new City logo on the Central tank and the tank out on Leander Road. Motion by Carr, second by Sansing to approve. Approved 7-0. Z Discussion and Possible Action pertaining to Martin Luther King Jr. Street Land Use and Rezoning, Rezoning of non -C2 properties within the Downtown Overlay, Development of Use Restrictions and Special Design Standards for properties inside the Downtown Overlay adjacent to Residential outside the Downtown Overlay' -- Bobby Ray, Acting Director of Planning and Development Ray told Council this item is a follow-up from a joint workshop between the Planning and Zoning Commission and the City Council on October 10, 2005. He said at this meeting, staff is seeking Council response regarding three separate items, one being the future land use and zoning along the west side of Martin Luther King (MLK) Street; the rezoning of the Downtown Overlay District to a consistant zoning district; and an amendment to the Unified Development Code to require a Special Use Permit for specific uses in the C-2 Zoning District. He noted that Councilmember Sansing sponsored a neighborhood meeting with the TRG Neightborhood Association on November 10 to discuss the future of the MLK Street frontage. He said no consensus was derived regarding the future land use and zoning. He said, since that workshop, there have been two zoning and land use plan amendment requests submitted for review. He said the Planning and Zoning Commission has recommended denial on both applications. He said staff is recommending that Council direct staff to: (1) continue to study the properties along the west side of MLK Street, between 3rd and 8th Streets, with special emphasis upon using higher density residential (such as townhouses) as a possible transitional use; (2) initiate a rezoning of all properties within the Downtown Overlay District to the C-2, Downtown Commercial Zoning District; and (3) amend the UDC to require a Special Use Permit for major utilities, fuel service, and minor vehicle service (all of which are currently allowed) in the C-2, Downtown Commercial Zoning District. He suggested that Council review on a case-by-case basis and oppose any conditions that they feel aren't necessary or deny the permit if they feel it is incompatible or inappropriate for the proposed location. Motion by Snell, second by Sansing to instruct staff to use the the recommendations as suggested by staff. Kirby asked Sansing to give feedback from the neighborhood meeting. Sansing said the neighbors want a buffer, but they are not so sure they want offices, but didn't rule out offices; perhaps higher density residential in addition to office, more of a mixed use. He suggested putting it off and letting staff develop guidelines, with feedback from the Historic Architectural Review Commision. Smith said there are two issues. He said one is the MLK Street issue and the second is the blanket rezoning of the non -C-2 properties. Snell and Sansing agreed to a friendly amendment by Oliver, and clarification by Snell to separate the above recommendation 1 from recommendations 2 and 3. Speaker, Adrian Zuniga, said staff has proposed denial of his rquest. He said with the Justice Center right across the street from his property makes it "not normal or standard." He said he has had his property listed for some time and he has had many inquiries from attorneys and others for office use, but none for residential use. He said he thinks office use would enhance the overall appearance of MLK Street. He said in the effort to have the zoning changed he was told to send out 20 letters and none came back in objection. He said this is a very unique situation and asked Council to vote in favor of the zoning change. Nelon reminded him that this is a policy discussion or broad overview, not a particular zoning item at this City Council Meeting Minutes/December 13, 2005 Page 6 of 17 Pages time. Ray noted that the proposal is for the Downtown Overlay District and Zuniga's property is outside that district. Neion noted that the Council would take up that issue a little is desired later on this agenda. Speaker, Randy Johnson, said his is the other project for C-2 zoning. He said a significant number of people in the immediate area are in favor of both projects. He said he believes that even with the Courthouse Annex in that position, residential only is not plausible. He said the project he wants to build is on three vacant lots that have been vacant for 30 years and he feels will continue to be vacant until the zoning is changed. He said one of the lots has a vacant rental property on it, but he feels it will continue to not to be rented for the future because no one wants to live across the street from the Courthouse. Speaker, Reuben Rose, said he thinks everyone needs to co -exist. He said the process of change and growth is spilling over into people's lives. He said he thinks the lots that are vacant are like a sore that will spread. He said he would like to see his neighbors stay in their homes but also allow growth to happen. Speaker, West Short, told Council he is speaking on behalf of MLK Partners, businessmen in Georgetown, who want to build a nice office building for professionals who work in the Courthouse. He said, obviously, residential zoning doesn't work across from a courthouse. He said there are no houses directly surrounding the current original Courthouse in the Downtown Square, but there are residences beyond the businesses and offices that do surround the Courthouse. He said the Georgetown Square would not exist if the founding fathers insisted on allowing residences around the Courthouse. Speaker, Norma Clark, resident on West Street, said Mr. Rose does not speak for her or her neighbors. She said she attended the meeting that Sansing called and she let him know she was not interested in any more commercial buildings in the neighborhood. She said the proposed three-story building is to be on the west side of MLK. She said they were told that nothing else would come on the west side of MLK. She asked Council to consider there are more residents that would be affected than people who purchased the property. She said she is not interested in a buffer. Speaker, Paulette Taylor, said she is a native of Georgetown. She said she thinks the neighbors are proud of their neighborhood and don't want to have the office buildings. She also said that the churches in the neighborhood would be affected by the change in the zoning and asked that they be considered. Carr asked what promises had been made to the residents of the neighborhood. Yantis said he thinks that the former Councils were attempting to protect the neighborhood by approving or denying land use applications. He said the Downtown Master Plan calls for civic uses to be on the west side of downtown. He said he remembers saying in the neighborhood meeting that there are no promises that there will be no commercial zoning in the area. Carr said he thinks the Council needs to try hard to provide some protection to the neighborhood. He said he is bothered by moving farther west. Yantis said the Plan calls for transitional uses between the residents and the Downtown Overlay District. He said the Master Plan stated that there is an "unmet" market opportunity for housing in the downtown area in closed -in neighborhoods. When asked about the Courthouse Annex, Yantis said it is an office building and office designation qualifies as an appropriate transitional use between commercial and residential. He said he thinks the issues about the Courthouse Annex are the traffic and activity, but mainly that activity occurs 8:00 a.m. to 5:00 p.m., which is typically thought of as complimentary to a transitional use between residential and commercial. Snell said if the zoning is left up to "market," the neighborhood will disappear. He said he would like to see mixed-use and asked that more study be done to encourage the kind of development that is desired there. Motion by Snell, second by Kirby to amend the original motion to instruct staff as indicated in recommendation number 1 to continue to study the properties along the west side of MLK Street, between 3rd and 8th Streets, with special emphasis upon using higher density residential as a possible transitional use. Motion by Oliver, second by Smith to amend the wording of Snell's motion by making an examination of higher density, residential, single-family, and appropriate office uses as transitions, not ruling out any uses. Snell and Kirby accepted that as a friendly amendment. Kirby said he was glad that Ms. Taylor brought up the churches, and he said he thinks they are an important issue to be considered. He said he wouldn't rule out office buildings, but they should contribute to improving the look of the neighborhood. City Council Meeting Minutes/December 13, 2005 Page 7 of 17 Pages Sansing said he wishes to go "on record" that he would like the County to stop expanding downtown and go out on the Loop. Motion by Sansing to amend the previous motion to look into protection zoning such as for historic purposes. Snell and Kirby accepted as a friendly amendment. Vote on the motion with acceptance of the two friendly amendments. Approved 7-0. (Note: With the two amendments, the motion would read: Motion by Snell, second by Sansing to instruct staff to use the the recommendations as suggested by staff, with an amendment by Snell, second by Kirby to use Recommendation Number 1, as provided in the agenda item cover sheet, which was to continue to study the properties along the west side of MLK Street, between 3rd and 8th Streets, with special emphasis upon using higher density residential as a possible transitional use. Then, with a friendly amendment from Oliver and Smith to "make an examination of higher density, residential, single-family, and appropriate office uses as transitions, not ruling out any uses; and a friendly amendment by Sansing to look into protection zoning, such as for historic purposes.) Nelon noted that this was a discussion of just the Martin Luther King Street land use, and now, there would be discussion on the rezoning of the downtown properties in the Overlay District. Motion by Smith, second by Eason to not consider blanket rezoning, but consider each rezoning on a case-by-case basis. There was further discussion about the ability to make special stipulations. Approved 7-0. Nelon announced that Items CC -1 and CC -2 would be brought forward at this time. CC Public Hearings/First Readings 1. 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 Office/Service, located at 504 Martin Luther King, Jr. Street -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek explained the item, saying this site is across the street from the Downtown Overlay District and across the street from the Justice Center. He said the applicant is seeking to change the intensity from Level 3 to Level 4 to allow for the development of an office building on the site. He said the neighborhood meeting did not develop a clear consensus on MLK Street land use. He said staff is not recommending support of the Century Plan Amendment at this time. He said staff is concerned that this would establish a non-residential precedent in this area that would be difficult to reverse in the future. He said the Planning and Zoning Commission recommended denial, but added an amendment to encourage Council to direct staff to create an integrated plan for the MLK neighborhood land use. Speaker, Johnny Anderson, said the Planning and Zoning Commissioners asked him to express the feeling of the Commission on this item. He said in the absence of an integrated plan, the Commission couldn't support the amendment for this item or the next item and added that the Commissioners recommend there be an integrated transition plan for MLK to protect the neighborhoods and provide architectural controls. Anderson stated the Planning and Zoning Commission didn't want this item decided "in a vacuum." He said they prefer that it be taken in the context of an integrated plan. Speaker, Gloria Jackson, President of TRG Neighborhood Association, said the meeting with Sansing was emotional because the residents do not agree with what is going on and because this has happened before when the Justice Center was going to be placed in their neighborhood. She said she hoped the outcome this time would be better. Speaker, David Mickler, said there is a misconception about the people who have bought property in the area recently. He said his father and Mr. Rose have owned property there for 25 years and they are interested in the buffer. He said when the Sheriffs Office, Jail and Justice Center came in, it became difficult to rent out his house. He said he used to work at the Jail, and he knows of several instances where people have broken into houses on MLK. He said he was approached by the Pastor of the Church next to his property who asked for rezoning, but was denied. He said he is interested in the buffer zone. Speaker, Pat Bailey, said she is Vice President of the TRG Association, and she would like to have the area west of MLK to 17th Street zoned as historical, in order to preserve their heritage and neighborhood. She said most of the residents are against the office complex being proposed by Mr. Short. She asked for a Public Hearing before considering zoning it to commercial. City Council Meeting Minutes/December 13, 2005 Page 8 of 17 Pages There was discussion regarding the timing of dealing with this item at this meeting. Speaker, Adrian Zuniga, said he thinks this should be handled on a case-by-case basis. He said he has followed all of the rules for a rezoning. He said he will maintain the look of his property which is currently a residential house. He said he and many of his neighbors have never been invited by the the TRG to join their organization. He said he thinks it is a vey mixed neighborhood, more hispanics than blacks, and lots of whites. He said he doesn't want to postpone the rezoning because he is paying taxes and a mortgage on the property and is unable to lease it out as a residence. He said he thinks the neighbors are not against growth on MLK, but do not want growth beyond MLK, and they want historical designation. He said this is two different issues. He asked Council for a favorable vote. Snell asked for confirmation that this item requires a super majority to amend the Century Plan. Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Yantis suggested postponing action to a date specific if the applicant would approve. Zuniga said he would agree to a 90 -day delay as opposed to a confirmed denial. Motion by Snell, second by Carr to postpone action on this item for 90 days. Ray confirmed that the pending zoning case will also be deferred. Sansing pointed out that deferring action always costs somebody money. Vote on the motion to postpone: Approved 7-0. 2. 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, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek explained the item and pointed out, with an overhead slide, the location of the property. He said staff is not supportive of the recommendation, saying they would like to look at the entire MLK neighborhood before Council makes a decision. He said the Planning and Zoning Commission also recommends denial. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Nelon asked the applicant, in light of the action on the previous item, if they would be willing to postpone or if they wanted action tonight. Randy Johnson said, if it's no longer than 90 days, they would agree, but every day delayed costs money. He said he felt that for this area, office is the only land use that is viable. Nelon asked if all the people who signed up were willing to postpone addressing the Council. Speaker, West Short, asked to go ahead and speak, and he distributed a concept plan to Council. He said the three lots have remained empty for 30 years and the 4th lot has a rent house on it that has been vacant for some time. He said they want to put an office building on this property that will have a cafe on the bottom floor and a monument to Texas Legal Trailblazers, six people to be honored for their work to help mold current law in Texas. He said there is a neighborhood on the other side of the commercial buildings on the Downtown Square, which is where he lives in a house that was built in 1884; and the Presbyterian Church is across the street from the backs of commercial buildings on the Square. He said all of the surrounding neighbors have been contacted and none have said they do not like the project. He said the Justice Center is the "beachhead" and it changed the neighborhood forever. He asked that, at the end of the 90 -day period, the City consider allowing the office land use . Motion by Oliver, second by Carr to postpone for 91 days. Smith said he is in favor of a building that would blend with the neighborhood. He asked if Short would be willing to consider a building that is less imposing. Short said their concept plan is similar to the buildings of the Justice Center, but they would voluntarily agree to submit to the Historic Architectural Review Commission, so other people can have input as to the architectural view. Vote on the motion: Approved 7-0. City Council Meeting Minutes/December 13, 2005 Page 9 of 17 Pages 8:40 p.m. -- recessed 8:50 p.m. -- resumed AA Consideration and Possible Action to direct staff to initiate an amendment to Section 8.04.080 ("Burning of Refuse") of the Georgetown Municipal Code (GMC) to allow for controlled brush burning under certain circumstances in the AG, Agriculture zoning district -- Anthony Lincoln, Fire Chief Lincoln explained the item, saying the staff needs direction from the Council similar to what is being used by the City of Cedar Park. He asked for a timeline. Motion by Snell, second by Sansing to direct staff to amend the current ordinance and bring it back to the second Council Meeting in January. Approved 7-0, 1. Second Reading of an Ordinance amending the previous year 2004/05 Annual Operating Plan Element (Budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests, donations, project timing, grants, and payments to bond escrow agent for refunding bonds -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Brewer explained the item. She read only the caption on second reading. Motion by Carr, second by Eason to approve Ordinance 2005-82. Approved 7-0. 2. Second Reading of an Ordinance amending Section 10.12.090 of the Code of Ordinances relating to speed limits and speed zones; eliminating the school speed zone on Northwest Blvd. between Janis Drive and IH -35 Frontage Road; and adopting a school speed zone on Woodlake Drive between FM 2338 and Wildwood Drive -- Mark Miller, Transportation Services Manager Miller explained the item. He read only the caption of the ordinance on second reading. Motion by Smith, second by Eason to approve Ordinance 2005-83. Approved 7-0. 3. Second Reading of an Ordinance Rezoning Berry Creek Section 5, Phase 1, Block A, Lot 12 and Block E, Lot 1 from C-1, Local Commercial district to C-3, General Commercial district, located at State Highway 195 and Chi Chi Drive -- Bobby Ray, AICP, Acting Director of Planning and Development Ray explained the item. He read only the caption of the ordinance on second reading. Applicant, Bobby Stanton, said these lots were always zoned to be commercial. He said in the 90's a lengthy process resulted in C-1 zoning for a convenience store with fuel sales. He said in 2003, when the UDC was passed, the definitions were changed on the various zoning categories, and gasoline sales were taken out of the C-1 zoning category. He said staff recommended a blanket rezoning to C-3. He said the Planning and Zoning Commission received a petition from residents of Berry Creek, so they turned down the rezoning. He said he spoke with the people who signed the petition and let them know that he was putting in a convenience store, and the signers said that would be o.k. So, staff recommended that they come back with the request for a C-3, limited to C-1, with fuel sales, and he received a 4-2 postiive vote from the Planning and Zoning Commission. He said the current zoning request meets the letter and the spirit of the UDC for a major road like SH195. He asked Council to vote in favor. Speaker, Jacqueline Tuttle, asked Council to deny the commercial zoning. She said she has lived in the garden homes in Berry Creek for the last 10 years. She said she feels the service station will increase traffic, and she believes people will use Chi Chi Drive as a short cut to SH195. She said the garden homes were built without sidewalks, so walking must take place in the street. She said the street isn't wide enough for people to park on both sides and still allow two lanes for cars to pass. She said there used to be a convenience store on IH35 that worked well. Speaker, Don Bizzell, deferred his time to Bobby Stanton. Speaker, J. C. Johnson, said he also lives on Briarcrest and finds it difficult to picture an abnormal amount of traffic coming down Briarcrest to get to a convenience store on SH195. He said he misses not having a convenience store close by and was pleased when the store went in at SH195 and IH35; but that store has been removed, and it is very inconvenient to drive to another store. He said he fully supports the convenience store. Speaker, Rebecca Kaufmann Pfiester, said she appreciates the chance to "right a wrong" at this City Council Meeting Minutes/December 13, 2005 Page 10 of 17 Pages second hearing. She said she is not asking that anything be taken away from the owner of the property, but asked that Council honor the homes and neighborhood that is already there. She said changing the zoning would benefit the developers to the detriment of the residents. She said nearby there is a piece of property that is currently zoned C-3 and a convenience store could go there. She said 80 people signed a petition requesting that Council not rezone. Speaker, Dede Connor, said she is confused about her neighbor's reference to rezoning of the neighborhood. She said the neighborhood is not being rezoned. She said since the convenience store will front on SH195, she doesn't think it will impact anyone's house values. Speaker, Rene Banglesdorf, said she has only heard a few people oppose the convenience store. She said she has heard a lot of support from people who would appreciate a convenience store. She said she feels the developers have a good reputation, and they own a lot of property around where the store will be, so if they develop something that is not of good value it would affect their other property. Speaker, Brett Lester, resident of Berry Creek, said he supports the convenience store. He read a letter from a resident of Berry Creek who has currently bought another lot in Berry Creek where she will have a home built. She said she received misinformation when she signed the petition. She said she would love to see a convenience store because she will be caring for a disabled husband and that store would definitely be a convenience. Speaker, Brent Buck, said he feels all that is being talked about is "convenience." He said the proposed store will be one mile from where the other store was located. Speaker, Mike Jackson, said he doesn't know what the store will look like, but the Council made commitments to the residents of Berry Creek when it was annexed. He said Chi Chi Drive has given people immediate access to IH35 and SH195. He said he thinks the store will capture the traffic on SH195, and not serve the people in Berry Creek. He said he didn't sign up for a convenience store at a gateway to Berry Creek when he moved there. He asked Council to table this vote until a plan can be derived to use this property efficiently for everyone concerned. Don Bizzell deferred his time to Bob Stanton who displayed a map showing the location of the proposed store and the homes of the people who spoke to this issue. He said he has lived in Georgetown for over 30 years. He noted several other subdivisions where there are convenience stores at the entrance. He said the property was originally zoned C-1, which at the time Berry Creek was annexed, allowed convenience stores. Kirby said he sometimes misses a convenient location to buy gas and he feels someday soon there will be a convenience store built in another location along SH195, but he doesn't think it should be at Chi Chi Drive. He said the UDC limits convenience stores to freeways or locations such as Shell Road and SH195 and SH195 and IH35. He sited two rulings by the Planning and Zoning Commission at the same meeting where they voted in two different manners. Motion by Kirby, second by Oliver that the rezoning be denied. Motion was denied 5 to 2 (Eason, Smith, Carr, Snell, and Sansing opposed.) Motion by Eason, second by Snell to allow C-3 with C-1 uses, limited to fuel service for Lot 12, and Lot 1 would remain C-1. Motion by Sansing, second by Carr to amend to give C-3 with C-1 uses limited to fuel sales to the first buyer which comes to the seller and the other lot would be limited to C-1. Smith said he didn't think either of these motions would satisfy the people who are against a convenience store. Snell asked and Carls said Council needs to make a decision one way or the other. Stanton, when asked by Nelon, said he would choose Lot 12, as Eason suggested. Nelon asked if the motion by Sansing could be done that way, and Carls said it was an improper delegation of legislative authority. Vote on the amendment to the motion: Opposed 5-2. (Eason, Smith, Carr, Snell, and Oliver opposed) Motion by Snell, second by Smith to amend Eason's motion to add the wording ef "no more than four ." *as he provided in a hand-out on the dais, which contained Section 2 from the proposed ordinance along with some added wording, under sub -paragraphs a. ii. and b. i. through v. as follows: a. ii. "Fuel Service," as defined in Unified Development Code (UDC) Section 16.03.050.H., with no more than four pumps and eight fueling stations operated in coniunction with a "convenience store" City Council Meeting Minutes/December 13, 2005 Page 11 of 17 Pages (UDC Section 16.05 "Convenience Goods`?, built to the specific standards outiiined in section "b" below. b. In addition to the applicable standards of the UDC the proiect shall comply with the following design materials lighting and landscaping standards i. Exterior building materials for the convenience store shall be limited to stone cast stone or rock ji. A landscape buffer equivalent to a Type B, as defined in UDC Section 8.04.020 (C) shall be required between the subject property and the adjacent commercial lots to the southwest. ill'. UDC Section 7.04.030 "Building Mass Articulation and Building Elements;' iv. UDC Section 7.05 "Outdoor Ljghting;" and v. UDC Section 8.06.030 "Hghway Gateway" landscaping (* as corrected by Snell at the January 10, 2006 Council Meeting) File Note: Snell also referenced an included table he prepared, after he conducted a survey of convenience stores in the area. That table and the printed version of the above motion or attached to these minutes. Motion by Sansing to amend to six pumps and twelve fueling stations. The motion died for lack of a second. Vote on Snell's amendment: Approved 6-1. (Kirby opposed) Vote on original motion as amended: Ordinance 2005-84 approved 5-2. (Oliver and Kirby opposed) (Note: With the amendment, the motion reads: "to allow C-3 with C-1 uses, limited to fuel service for Lot 12, and Lot 1 would remain C-1" with Snell's amendment of "no more than four pumps and eight fueling stations, operated in conjunction with a "convenience store" in accordance with UDC Section 16.03.050.H.") 4. Second Reading of an Ordinance Rezoning 15.63 Acres out of the Sutherland and Monroe Surveys from C-1, Local Commercial District to C-3, General Commercial District, located on Williams Drive southeast of Jim Hogg Road also known as Fountainwood Plaza -- Bobby Ray, Acting Director of Planning and Development Ray read only the caption on second reading. Motion by Carr, second by Sansing to approve Ordinance 2005-85. Approved 7-0. 5. Second Reading of an Ordinance Rezoning Legend Oaks Section 11, Lots 1 through 6 from RS, Residential Single -Family and AG, Agriculture to C-1, Local Commercial located on the south side of State Highway 29, east of River Chase Boulevard -- Bobby Ray, Acting Director of Planning and Development Ray said this item would be brought back at a future meeting along with the second reading of the annexation ordinance. 6. Second Reading of an ordinance of a Century Plan Amendment to change the Future Land Use Plan designation from Residential to Office/Retail/Commercial for a 0.26 and 0.18 acre tract in the Nicholas Porter Survey, also known as Extraco Bank, located at 1502 Williams Drive -- Edward G. Polasek, Chief Long Range Planner and Bobby Ray, AICP, Acting Director of Planning and Development Polasek read only the caption on second reading and explained the item. Motion by Carr, second by Smith to approve Ordinance 2005-87. Approved 7-0. 7. Second Reading of an Ordinance Rezoning a .26 and .18 acre tract out of the Porter Survey from OF, Office District and RS, Residential Single -Family District to C1, Local Commercial, located at 1502 Williams Drive -- Bobby Ray, Acting Director of Planning and Development Ray read only the caption on second reading. Motion by Smith, second by Eason to approve Ordinance 2005-88. Approved 7-0. 8. Second Reading of an Ordinance Rezoning a 0.149 acre portion and a 0.16 acre portion of Lost Addition, Block 64, from RS, Residential Single-family to C-2, Downtown Commercial, located at 1005 and 1009 Rock Street — Rebecca Rowe, Historic District Planner and Bobby Ray, AICP, Acting Director of Planning and Development Rowe read only the caption on second reading. Motion by Sansing, second by Carr to approve City Council Meeting Minutes/December 13, 2005 Page 12 of 17 Pages 9. Second Reading of an ordinance Rezoning from AG, Agriculture to PUD, Planned Unit Development for 41.40 acres in the Frederick Foy Survey, to be known as Sun City Neighborhood Thirty -Two, located about two miles northwest of the intersection of Del Webb Blvd., and Sun City Blvd. -- Melissa McCollum, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development McCollum read only the caption on second reading. Motion by Carr, second by Smith to approve Ordinance 2005-90. Approved 7-0. CC Public Hearings/First Readings 1. 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 Office/Service, located at 504 Martin Luther King, Jr. Street -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner This item was handled earlier following Item Z. 2. 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, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner This item was handled earlier following Item Z. 3. First reading of an ordinance on a Comprehensive Plan Amendment to change Future Land Use from Residential to Office/Retail/Commercial for 0.55 acres out of Block 81 of Lost Addition, located at 1902 and 1904 Austin Avenue -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek explained the item, saying the parking is in the office zoning and the church is in the residential zoning. He said they want the parking and the church in the same zoning. He said staff and the Planning and Zoning Commission recommend approval. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Carr to approve. Approved 7-0. 4. First reading of an ordinance on a Comprehensive Plan Amendment to change Intensity Level from Level 3 to Level 5 for 16.22 acres out of the 86.153 acre tract in the David Wright Survey, and Future Land Use from Office/Service, Multi -family and Residential to Mixed Use and Residential for 86.153 acres in the David Wright Survey, located at 4015 Williams Drive -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek explained the item, saying this is commonly referred to as the Kimbro tract. He said staff and the Planning and Zoning Commission recommend approval. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Carr to approve on first reading. Approved 7-0. 5. First reading of an ordinance annexing into the City approximately 3100 acres consisting of various tracts of land owned by the United States Army Corps of Engineers adjacent to Lake Georgetown, also portions of Cedar Breaks Road R.O.W. in the Cedar Breaks Park area and lake dam area, referred to as Annexation Area 9a -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner 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 Smith to approve on first reading. Approved 7-0. 6. First reading of an ordinance annexing into the City approximately 139 acres of land out of the D. Wright Survey, being: Lots 1 and 2 of the Dicotech Subdivision and a 2.1601 acre tract of land owned by Yuh-Jaan Wey & Yecu-Chyn Wey, recorded in Vol. 2173, Pg. 319 of the Official Records Of Williamson Co., Texas, and approximately 26.3 acre portion of Williams Drive R.O.W. that begins at City Council Meeting Minutes/December 13, 2005 Page 13 of 17 Pages the current city limits at Lakeway Drive and Booty's Crossing Road and extends northwest to the intersection of Shell Road, referred to as Annexation Area 13a -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Carr to approve on first reading. Approved 7-0. 7. First reading of an ordinance annexing into the City approximately 131.3 acres of land from the D. Wright Survey that lies south of Williams Drive and east of D.B. Wood Road, also including an approximately 4.5 acre portion of D.B. Wood Road R.O.W. that begins at the intersection of Williams Drive and continues southwest for approximately 2380 ft, referred to as Annexation Area 13b -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Snell, second by Smith to approve on first reading. Approved 7-0. 8. First reading of an ordinance annexing into the City ail lots within the Enclave Subdivision and the R.O.W. of Rustle Cove East, Sutton Place and Enclave Trail, and Faith Lutheran Church Subdivision and Faith Lutheran Church, Phase Two Subdivision, and approximately 95 acres out of D. Wright Survey, referred to as Annexation Area 13c -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek noted that at the last meeting, Council had directed staff to remove Booty's Crossing Road and tonight they directed staff to amend the burning ordinance. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Smith to approve on first reading. Approved 7-0. 9. First reading of an ordinance annexing into the City an approximately 0.49 acre portion of Booty's Crossing Road R.O.W. that begins at the current city limits near Kathi Lane and extends northwest approximately 250 feet, referred to as Annexation Area 13d -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek noted that at the last meeting, Council had directed staff to remove almost all of the Booty's Crossing Road R.O.W. and the Buzzard Branch Subdivision and just annex the Booty's Crossing Road R.O.W. where there is city limits on three sides, so the area has been reduced and now is 0.49 acre. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Eason to approve on first reading. Approved 7-0. 10. First reading of an ordinance annexing into the City various tracts of land out of the A. Flores Survey, totaling approximately 187.2 acres, and approximately 18.5 acres of R.O.W., including: a portion of CR 151 beginning at the intersection of Austin Ave. and extending approximately 3,930 ft. northeasterly to the intersection of Crystal Knoll Boulevard; a portion of NE Inner Loop beginning at the intersection of Austin Ave. and extending southeasterly approximately 4300 ft. to the current city limits, referred to as Annexation Area 16a -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek noted that at the last meeting Council directed staff to remove property fronting Lonnie Thomas, East Drive, and CR152. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Carr to approve on first reading. Approved 7-0. 11. First reading of an ordinance annexing into the City approximately 240 acres owned by Georgetown Railroad Co., Inc., out of the L.J. Dyches Survey and the William Addison Survey, and an approximately 10 acre portion of S.E. Inner Loop R.O.W. that begins at FM 1460 and extends northeast for approximately 2000 ft. to the current city limits, referred to Annexation Area 19b -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner 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 Smith to approve on first reading. Approved 7-0, City Council Meeting Minutes/December 13, 2005 Page 14 of 17 Pages 12. First reading of an ordinance annexing into the City a single land parcel, located south of SE Inner Loop Road and west of the abandoned railroad R.O.W., totaling approximately 293 acres from the W. Addison Survey, referred to as Annexation Area 19c -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Speaker, Ellen Hughes, she said she is against the annexation, saying her property a working farm and will remain so into the future. She said she doesn't see the necessity of having this property within the City Limits at this time, and she doesn't want a road through her property. She said she donated land to SH130, and her family has given a money to Georgetown, especially to Southwestern University. Sansing said he agrees with Ms. Hughes, saying however, the property is definitely in a strategic planning location, and he understands the City's need to control the area. Nelon clarified that the agricultural use can remain and the agricultural exemption will remain. Motion by Carr, second by Smith to approve on first reading. Approved 6-1. (Sansing opposed) 13. First reading of an ordinance annexing into the City approximately 0.66 acre portion out of Tract A, Planned Unit Development of Sun City, Georgetown, Phase 2, Neighborhood Ten -A Subdivision, and approximately 6.8 acre portion of Williams Drive R.O.W. that begins at the current city limits located at the southeast corner of Casa Loma Subdivision and extends northwesterly for approximately 2950 ft. to the current city limits located southeast of Lakewood Drive South, referred to as Annexation Area 25 -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek told Council this area is Williams Drive R.O.W. at the driveway into the Scott and White Clinic. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Carr asked if any of the annexations will change when Williams Drive is widened. Polasek said there will be some areas that will be outside of the City Limits, but the road itself will be inside. He said the City will need to go back and check once TXDOT has completed the widening. Motion by Carr, second by Smith to approve on first reading. Approved 7-0. 14. First reading of an ordinance annexing into the City a strip of land, 1,001 ft. wide, containing approximately 398 acres out of the J. Thompson Survey, located in part north of the current city limits along RR 2243 and in part north of the R.O.W. of RR 2243, beginning at the current city limits at Riverview Estates and extending westerly to CR 176, and an approximately 26 acre portion of RR 2243 R.O.W. that begins at the current city limits and extends westerly to CR 176, referred to as Annexation Area 26 -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Eason to approve on first reading. Approved 7-0. 15. First reading of an ordinance annexing into the City 10.04 acres, more or less, platted as Legend Oaks 11 Subdivision, located south of State Highway 29, approximately one half mile west of IFI 35 -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner 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 approve on first reading. Approved 7-0. 16. First reading of an ordinance annexing into the City 27.47 acres, more or less, of Right of Way, in Isaac Donagan Survey and Joseph Fish Survey, for D.B. Wood Road Right of Way -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Eason to approve on first reading. Approved 7-0. 17. First reading of an ordinance annexing into the City 51.34 acres, more or less, of Right of Way in the Antonio Flores Survey and John Berry Survey, for Inner Loop East Right of Way -- Bobby Ray, AICP, City Council Meeting Minutes/December 13, 2005 Page 15 of 17 Pages Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Oliver to approve on first reading. Approved 7-0. 18. First reading of an ordinance annexing into the City 3.0251 acres, more or less, of Right of Way in the Antonio Flores Survey and John Berry Survey, for Inner Loop North East and Sudduth Drive Right of Way -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Carr to approve on first reading. Approved 7-0. 19. First reading of an ordinance annexing into the City 5.252 acres, more or less, of Right of Way in the Clement Stubblefield Survey and Joseph Pulsifer Survey, for County Road 265 Right of Way -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Carr to approve on first reading. Approved 7-0. 20. Public Hearing to consider an amendment to Sections 10.02 and 10.04 (Chapter 10 "Sign Standards") of the Unified Development Code (UDC) -- Bobby Ray, Acting Director of Planning and Development Ray said the purpose of the amendment is to clarify the jurisdiction of the sign code and make sure that it is clear that it applies both in the extraterritorial jurisdiction as well as inside the City Limits. The Public Hearing was opened at 10:30 p.m. There were no comments. The Public Hearing was closed at 10:30 p.m. 21. First Reading of an Ordinance amending Sections 10.02 and 10.04 (Chapter 10 "Sign Standards") of the Unified Development Code (UDC) -- Bobby Ray, Acting Director of Planning and Development Ray read only the caption on first reading after having satisfied the requirements of the City Charter. Motion by Smith, second by Carr to approve on first reading. Motion to amend by Sansing to remove Item K (Electronic Message Centers under Sec. 90.04 "Signs Prohibited Under this Code). The motion failed for lack of second. Vote on the Original Motion: Approved 6-1. (Sansing opposed) Sansing said he wanted to go on record with the fact that he was unable to identify the Liese property in the previous annexation items. He said he had planned to make a motion regarding annexation of only a strip 1000 feet wide. Nelon noted that he could make that motion at the second reading. DD Appointments 1. Consideration and possible action to approve a resolution appointing Councilmember Patty Eason as the City of Georgetown's representative on the Board of Directors for the Austin -San Antonio Intermunicipal Rail District -- Paul Brandenburg, City Manager Brandenburg explained the item. Motion by Smith, second by Carr to appoint Eason. Approved 7-0. 2. Consideration and possible action to approve the appointment of a Council Subcommittee to review applications for the 2006 City of Georgetown Boards and Commissions and recommend members for Council consideration in January, 2006 -- Mayor Gary Nelon Nelon recommended that Councilmembers Snell, Carr and Sansing become the Council Subcommittee. Motion by Smith, second by Oliver to approve. Approved 7-0. 3. Consideration and possible action to approve the appointment of Sarah Milburn from Alternate to Regular Member on the Planning and Zoning Commission; the appointment of Patrick Lawson as an Alternate Member of the Planning and Zoning Commission; the appointment of Will Moore from City Council Meeting Minutes/December 13, 2005 Page 16 of 17 Pages Alternate to Regular Planning and Zoning Representative Member on the Zoning Board of Adjustment; and the appointment of Patrick Lawson as the Alternate Planning and Zoning Representative Member on the Zoning Board of Adjustment due to the resignation of Audrey McDonald -- Mayor Gary Nelon Motion by Snell, second by Sansing to approve the appointments. Approved 7-0. The meeting was adjourned at 10:37 PM. ayor (; jAry Nelon City Council Meeting Minutes/December 13, 2005 Page 17 of 17 Pages Attest -.'e City Secretary Sandra Lee