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