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HomeMy WebLinkAboutMIN 11.22.2005 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 Ben Oliver Carr, John Kirby, Farley Snell 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; Micki Rundell, Director of Finance and Administration; Laurie Brewer, Controller; Bobby Ray, Acting Director of Planning and Development; Ed Polasek, Chief Long -Range Planner; Rebecca Rowe, Historic District Planner; Melissa McCollum, Development Planner; Mike Mayben, Energy Services Manager; Kathy Ragsdale, Utility Office Director; Glenn Dishong, Water Services Manager; Tom Benz, System Engineering Manager; Mark Thomas, Economic Development Director; Jimmy Carranco, Streets Foreman; 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 B Sec.551.072: Deliberations Regarding Real Property - Consideration and possible action to authorize staff to enter into negotiations to purchase land for a park on the west side of IH35 - Discussion and possible action concerning the acquisition of +5.24 acres of land located on SE Innerloop at CR 110 from Williamson County for the construction of a new electric substation. - Discussion and possible action concerning the acquisition of +3.83 acres of land located on CR 116 from the W.D. Kelley Foundation for the construction of a new electric substation. Regular Session C Call to Order Mayor Nelon called the meeting to order at 6:00 p.m. City Council Meeting Minutes/November 22, 2005 Page 1 of 18 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 and gave a brief outline of meeting procedure. - Review of new procedure for addressing the City Council Mayor Nelon reviewed the new procedure. - Announcement of vacancies for one position on the Airport Advisory Board and one alternate position on the Building Standards Commission Mayor Nelon announced the vacancies. F Announcements and Comments from City Manager Brandenburg made the following announcements regarding events to be held at the La Quinta Inn on IH35 regarding the planning for redevelopment of the Williams Drive Gateway Area: 1. Public Presentation on Thursday, December 1, from 6:00 p.m. to 8:00 p.m. to orient participants to the Gateway Area and offer redevelopment possibilities; 2. Public Workshop from 9 a.m. to 2 p.m. on Saturday, December 3, to allow participants to work in small groups to develop design ideas for the area; and 3. Final Presentation on Thursday, December 8, from 6:00 p.m. to 8:00 p.m. to include a summary of the workshop outcome which will form the basis of a master plan for redevelopment. G Public Wishing to Address Council As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. H Action from Executive Session Motion by Smith, second by Carr that the City Council authorize the Mayor and City Staff to take the necessary actions to finalize the acquisition from the County of a 5.25 acre tract of land (more or less) located on SE Innerloop at CR110 for use as an electric substation for an amount not to exceed the value of the property, as determined by the Williamson County Appraisal District, plus closing costs, as discussed in last night's executive session. Approved 6-0. (Oliver absent) Motion by Smith, second by Eason that the City Council authorize the City Staff to make an offer to purchase a 3.83 (more or less) acre tract of land, located on CR116, owned by the W. D. Kelly Foundation, in an amount not to exceed the appraised fair market value of the land for the construction of a new electric substation, as discussed in last night's executive session. Approved 6-0. (Oliver absent) Motion by Smith, second by Kirby that the City Council authorize the staff to enter into preliminary discussions and negotiations for the acquisition of potential future park land with the owner of the property consisting of approximately 32.10 acres located near the City's Tennis Center, generally bounded by Northwest Blvd., Serenada Trail, Aero Drive, and the Georgetown Municipal Airport, and to direct staff to report back to the City Council with the results of those discussions and possible funding options at a future date for further consideration by the City Council. Approved 6-0. (Oliver absent) Motion by Smith, second by Carr that the City Council reject the terms of the November 18, 2005, letter from the City of Leander, 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" which are currently pending at the State's Office of Hearing Examiners. Approved 6-0. (Oliver absent) 1111111111 11 • • ' • •, Consideration and possible action to approve the minutes of the Council Workshop on Monday, November 7, and the regular Council Meeting on Tuesday, November 8, 2005 -- Sandra D. Lee, City Secretary Lee requested and the Council approved the minutes as revised and placed on the dais for review. J Consideration and possible action to direct staff to enter into a lease/purchase agreement with Pitney Bowes for a DM1000 Digital Postage Machine --Shirley Rinn, Administrative Manager/Mail Services City Council Meeting Minutes/November 22, 2005 Page 2 of 18 Pages Supervisor and Paul E. Brandenburg, City Manager K Consideration and possible action regarding the recommendation by the Convention and Visitors' Bureau Board for the approval of an allocation of $750 to the GHS Boys' Basketball Booster Club in Hotel Occupancy Tax (HOT) funds -- Shelly Hargrove, Tourism Director and Main Street Manager L Consideration and possible action to approve the purchase of three LaserJet Printers from Hewlett-Packard Corporation in the amount of $26,583.00 through the State of Texas DIR contract -- Marsha Iwers, Acting Purchasing Manager and Micki Rundell, Director of Finance and Administration M Consideration and possible action to approve the purchase of cellular phone service from Nextel dba Sprint in the amount of $44,050.00 through the State of Texas Purchasing contract -- Marsha Iwers, Acting Purchasing Manager and Micki Rundell, Director of Finance and Administration N Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended September 30, 2005 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration Snell asked and Brewer responded regarding the identity of the $40 million worth of investments. She described that money as cash and securities that the City has in the bank or invested, saying it contains $10 million in unbudgeted reserves, to make sure of cash flow in case of emergency; $10 million in encumbrances for outstanding purchase orders and construction contracts where the money is set aside but not yet spent; utility customer deposits that will go back to the utility customers; $4 million in excess Utility and General Fund Revenues; and money that has been collected to pay LCRA and Texas Disposal System. She said about $34 million of that invested on a short-term basis, so it is available, when needed. O Consideration and possible action to renew the contract between the City of Georgetown and Prime Controls, LP., of Carrollton, Texas, for Supervisory Control And Data Acquisition (SCADA) system technical services in the amount of $48,500.00 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations P Consideration and possible action to authorize the approval of the annual license renewal, system support, software activation and hardware repair for the AMR Genesis and MVRS system between the City of Georgetown and Itron Incorporated, in an amount not to exceed $46,048.00 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Q Consideration and possible action on a Preliminary Plat for a Resubdivision of Cedar Hollow Crossing, Block B, Lot 15, located on Lost Oak Cove, with waivers to the Unified Development Code — Carla Benton, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development Kirby asked Carls about the waiver from the UDC for fireflow requirements since Chisholm Trail Special Utility District is not able to supply fireflow. He asked If waived, would the City be liable for someone's house burning down. Carls said this requirement has been waived before. She said it would be the developer or the owner's responsibility to ensure fireflow. She said the owner agrees to build to what is available. Kirby suggested having the owner sign off and Carls explained that the owner is applying for the waiver. R Consideration and possible action on a Preliminary Plat for a Resubdivision of Lakewood Estates, Block E, Lots 14-15, located at 6839 Lakewood Drive South, with waivers to the Unified Development Code -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development S Consideration and possible action on a Preliminary Plat for 120.59 acres out of the Lewis P. Dyches Survey, to be known as Walnut Springs, located at the intersection of F.M. 3405 and CR 261 -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development. T Consideration and possible action on a Final Plat of 33.2569 acres in the William Addison Survey to be known as Pinnacle Subdivision, Phase 1, located South of the Inner Loop and east of the future extension of Maple Street -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development City Council Meeting Minutes/November 22, 2005 Page 3 of 18 Pages Eason asked and McCollum responded that the City Parks Department would maintain the Park after the first year when everything is established. She said the pool will always be the responsibility of the Pinnacle Subdivision Homeowner's Association. U Consideration and possible action on permitting Planning and Development to apply for a grant of approximately $20,883.50 from the Preserve America Grants through the National Park Service -- Bobby Ray, AICP, Acting Director of Planning and Development Snell noted that this item had not been included in the budget. He asked if Council is obligated to match. Rebecca Rowe responded, saying if the grant is awarded to the City, the Council would have the option to deny receipt of the grant and deny participation with the match of funds. V Consideration and possible action to authorize a Boundary Line Agreement with the Steenken Family Partnership to establish the common boundary line of City -owned property located at 816 S. Main Street (Fire Department) and the adjoining Steenken Family property to the north currently located at 812 S. Main Street. and currently owned by The Steenken Family Partnership -- Patricia E. Carls, City Attorney Motion by Eason, second by Carr to approve the Consent Agenda with the revised minutes as placed on the dais. Approved 6-0. (Oliver absent) Legislative Regular Agenda W Discussion and possible action regarding concerns expressed by the Georgetown Animal Outreach (GAO) about Petland Stores -- Paul Brandenburg, City Manager Brandenburg explained the item, saying GAO requested to appear before the City Council to discuss this issue. He said Councilmembers Sansing and Eason also asked that this item be placed on the agenda, and the Animal Shelter Advisory Board asked that Council consider action regarding the issue of selling unaltered pets in Georgetown retail establishments. He called on Dave Frase who informed Council of the opinion of the Georgetown Animal Outreach (GAO) regarding the policies of Petland Stores. He explained the purpose and history of the GAO. He said the brand new Georgetown Animal Shelter is already overcrowded, and staff is having to find ways to put multiple dogs in the same run. He asked Council to adopt an ordinance to require spaying or neutering of the animals purchased from retail outlets. Speaker, Lauren Nie, owner of the new Petland, with additional minutes from her son, Jordan, said she has a passion for animals and the quality of their care. She said she offers free spay and neuter certificates, two free appointments with her consulting veterinarian, and a three-year warranty on all hereditary and congenital problems. She said she had already researched the "puppy mill" issue when her son was made the manager of a Petland Store in Frisco. She said she investigated the policies of Petland Stores, and the Hunte Corporation, the provider of the puppies sold by Petland Stores. She said no Petland Store has ever been shut down due to protestors. She asked that discussion regarding mandatory surgery on animals be deferred until more research and attention can be given before considering such a drastic measure. Speaker, Joshua Nie, Sales Manager of the new Georgetown Petland, described the educational programs provided by Petland. He told Council that every puppy sold from Petland comes with lifetime training assistance along with an activated microchip that is universal. He said soon he will be giving tours and pet care instructions at Williamson County schools and talking about careers for canines such as rescue and service animals. He said Petland has a Pet Therapy Program and visits local nursing homes and children's hospitals on a monthly basis. He noted that Petland contributes to Make a Wish and St. Jude charities. He said his research has shown that only 30% of Petland puppies will reside in Georgetown, but 100% of the revenue will stay. Speaker, Debbie Purcell, resident of Georgetown, owner of three dogs, spoke to Council about show -quality breeders. She said dogs sold by breeders are show -quality, but dogs sold by pet stores should be neutered or spayed. She said microchips and obedience training don't keep dogs from breeding. Speaker, Laura Hopgood-Oster, told Council she is the volunteer Rescue Coordinator for the Georgetown Animal Shelter and spends sometimes 40 hours a week on dog rescue. She said right now there are multiple dogs in runs at the new Georgetown Animal Shelter, saying extra dogs would have to be euthanised. She said the issue is not whether the Petland Store can sell dogs and cats, but whether they City Council Meeting Minutes/November 22, 2005 Page 4 of 18 Pages can sell dogs and cats that are unaltered. She said additional animals should not be sold in Georgetown. Sansing said he appreciated everyone's input. He said the store will keep animals in the Georgetown shelter from being adopted. He said he was impressed with the packet of information provided by Petiand, and glad they will encourage people to use the coupon for spaying or neutering, but he is concerned about the owners who don't ever use the coupons. Snell said he sees the issue as a clash between one side, the individuals who should not be forced to spay or neuter their pet, and the community side who do not want to encourage additional animals in the community. He said he would like additional time and would like to see it on a future agenda. Motion by Snell, second by Sansing to place this item back on the agenda within 60 days for further discussion and possible action. Smith asked Snell if he thought points of view would change in 60 days, or if the Council would be able to gain more information within that time. Snell said he was particularly interested in the Athens, Texas ordinance. Eason said she thinks more time is needed to see how well the program at Petland works. Carr said he doubted that 60 days would be enough time because the store would not even be open for very long in those 60 days. He suggested more time. Friendly amendment: Motion by Carr, second by Kirby to bring the item back to Council in six months. Snell said he doesn't think even with six months, the success of the voluntary program would be able to be determined, but he and Sansing agreed to amend. Approved 6-0. (Oliver absent) X Consideration and possible action on a resolution expressing official intent to reimburse net costs for the purchase of the 2005/06 General Capital Projects and Equipment, as well as Electric Improvements, not to exceed $7,168,000 with proceeds from bonds that will be issued at a later time -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration Rundell explained the item saying the proceeds will be from bonds that will be issued in Spring, 2006. She said the amount may change because some of the projects may not go forward. She noted that Council had approved the amount in the Budget. Motion by Carr, second by Smith to approve. Approved 6-0. (Oliver absent) Y Update on proposed issuance of $7.1 million in General Obligation bonds for construction of the new library-- Micki Rundell, Director Finance & Administration Rundell said this item is moving forward with the bonds to fund the Library, because interest rates are favorable at this time. She noted that the ordinance would be brought to Council at the December 13 meeting. Snell confirmed that when the voters approved this bond issue, they did not approve a revenue source, so the mortgage payments for this come out of general property tax revenue. Z Discussion and possible action to adopt the first recommendation in the Humane Society of the United States Animal Services Consultation Report, which is to solicit and organize interested individuals to serve on an Animal Services Task Force -- Paul Brandenburg, City Manager Brandenburg explained the item, reminding Council of last night's workshop regarding the contents of the report. He said the Humane Society recommended that an independent group be appointed to review and make recommendations for implementing the suggestions in the report, as well as developing a timeline and budget. He noted that at the Workshop there was some concern regarding the task force being a duplication of the Animal Shelter Advisory Board. He said he thinks the Society suggested an independent task force because it will be a very time consuming project, and asked for direction from Council as to whether to go with an independent task force or ask the Animal Shelter Advisory Board to accomplish this task. Sansing suggested a new group. Smith said he thinks it would be a good compromise to use members of the Advisory Board who would be willing to serve on the Task Force. Motion by Snell, second by Sansing that a separate independent task force be appointed as recommended by the Humane Society and the City Manager. Brandenburg noted that the recommended membership of City Council Meeting Minutes/November 22, 2005 Page 5 of 18 Pages the Task Force is almost the same as on the Shelter Board. Carr said members of the present board should be offered the opportunity to take positions on this task force. It was determined that Snell's motion included the recommendation for membership as noted in the Report. Approved 6-0. (Oliver absent) AA Contracts and Agreements 1. Discussion and possible action to approve the extension of a long-term lease with the Georgetown Chamber of Commerce for 1.88 acres of property at the corner of Stadium Drive and Austin Avenue -- Paul E. Brandenburg, City Manager Brandenburg explained the item, saying the Chamber has asked for an extension to the year 2045, of their current lease at the same rate of $1.00 per year. Eason said she thought Council had asked for a workshop on properties that the City leases to various entities. Motion by Eason, second by Snell to postpone this item until after a workshop can be held. Brandenburg said the workshop is scheduled for January. Approved 6-0. (Oliver absent) 2. Consideration and possible action to renew the contract between the City of Georgetown and ElectSolve Technology Solutions and Services Incorporated to provide AMR System Data Services in an amount not to exceed $77,600.00 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item, saying this is the 4th renewal with ElectSolve Technology, and a Request for Quotes will be used next year. He noted that ElectSolve provides 24-7 support. He said the GUS Board approved 5-0. Motion by Carr, second by Smith to approve. Approved 6-0. (Oliver absent) 3. Consideration and possible action to renew the contract with Dataprose, Inc as the City's vendor for utility bill printing and mailing services, and approve funding, at a cost of $135,800 for the year -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Ragsdale explained the item, saying the City has done business with Dataprose since 2001, and has had a contract since 2004. She said Dataprose's work is excellent, saying she has researched other companies, but they don't provide the services needed. She said the City is not required to do a Request for Proposals because Dataprose is on the state contract. She noted that the contract this year is $6,000 lower due to special programming. Motion by Sansing, second by Eason to approve. Approved 6-0. (Oliver absent) 4. Discussion and possible action to recommend authorization of an interlocal agreement with the City of Round Rock for Electric Utility Service -- Micki Rundell, Director of Finance and Administration Rundell explained that this agreement is for the ability to use right of way in Round Rock in order to provide electric service to the new Chelsea Mall in the northern part of Round Rock. She said this agreement will be based on the public utility formula and will go before the Round Rock City Council in January. Snell confirmed that this is part of the Wolf Ranch Development Agreement. Snell asked and Rundell said this would bring revenue in an excess of $100,000 per year. Motion by Carr, second by Sansing to approve. Approved 6-0. (Oliver absent) 5. Consideration and possible action to contract with Ampersand Agency (formerly Montgomery and Associates) to conduct the 2005106 City of Georgetown Quality of Life Citizen Survey, in an amount not to exceed $20,000 -- Micki Rundell, Director of Finance and Administration Rundell explained the survey helps "benchmark" to see if City services have improved in certain areas. She noted the kind of information to be received from the survey. Carr asked and Brandenburg and Rundell confirmed that the questions will come to Council for approval. Eason said she is hopeful that this can be used as an educational tool to inform the citizens of the services available. Brandenburg said the City also provides the public with information about City services in the monthly Reporter, in ad space in the Williamson County Sun , and on cable. Motion by Sansing, second by Carr to approve the contract. Smith said he doesn't think the City gets enough out of this survey for the money spent. Approved 6-1. (Oliver absent)(Smith opposed) City Council Meeting Minutes/November 22, 2005 Page 6 of 18 Pages BB Forwarded from the Georgetown Utility System (GUS) Advisory Board 1. Consideration and possible recommendation to approve a contract amendment between the City of Georgetown and Kasberg, Parker & Associates for professional services related to the design of the Phase III EARZ remediation in the amount of $61,600.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities Dishong explained the item saying the testing occurred last year and the engineer will now need to repair the flaws. Motion by Snell, second by Eason to approve. Approved 6-0. (Oliver absent) 2. Consideration and possible recommendation to approve a contract between the City of Georgetown and GSWW, Inc for engineering services related to the fourth phase of the Edwards Aquifer Recharge Zone testing program and approve a budget of $74,730.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities Dishong explained the item, saying this contract is for this year's testing of the sewer system, including areas of Old Town and near Oakcrest. He displayed a map to show where the testing would take place. Motion by Smith, second by Kirby to approve. Approved 6-0. (Oliver absent) CC Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC) Consideration and possible action to amend the engineering contract with Kasberg, Patrick & Associates, for services relating to change in scope of the Southeast Arterial (SE One) project in the amount of $779,600.00 -- Thomas Benz, Systems Engineering Manager, and Jim Briggs, Assistant City Manager for Utilities Benz said the GTEC Board recommends approval of the engineering contract related to the change in scope from CR110 east to CR110 west. Motion by Snell, second by Carr to approve. Approved 6-0. (Oliver absent) DD Consideration and possible action regarding an invitation to join the Board of the Austin -San Antonio Intermunicipal Rail District -- Tom Yantis, Assistant City Manager Yantis explained the item and noted that the Williamson County Representative, Commissioner Lisa Birkman, was in the audience. Yantis said City staff have been working with the Rail District to identify an appropriate commuter rail station location, and a feasibility study has been completed. He said federal funding will allow the first service lines in 2009. He noted that the entities along the Corridor are being asked to join. He said the letter from the Rail District inviting Georgetown to join was received after the City budget was already established. He noted that the amount is $49,500 and a budget amendment could be approved to appropriate the membership dues. He asked Birkman to give history on the County's role. Birkman said all of the proposed station locations are within her precinct. She said she thinks it is important that the City join, but if not, she would be happy to represent Georgetown. Motion by Snell, second by Eason that the City join and make payment of the dues contingent on mid -year review or pay in next fiscal year. Approved 6-0. (Oliver absent) Birkman announced that the first meeting is next Friday. EE Consideration and possible action to reappoint of members of the Wolf Ranch Tax Increment Reinvestment Zone Board of Directors -- Tom Yantis, Assistant City Manager Yantis explained the item and asked for Council to reappoint Patty Eason, Gabe Sansing, Tom Yantis, Ron Swain, and Micki Rundell. Motion by Carr, second by Smith to approve the re -appointments. Approved 6-0. (Oliver absent) FF Consideration and possible action to authorize staff to proceed with some or all of the recommended action items in the Austin Ave. report prepared by TND Engineering and accepted by Council at their November 8, 2005 meeting -- Tom Yantis, Assistant City Manager Speaker, Ann Marek, told Council that she has lived here for four months and has never been able to cross the rivers due to her handicap. She asked that when planning the entrance to the Square, the Council take into consideration pedestrian pathways for mobility into the City. Yantis asked Council which of the recommendations they wished to pursue. Nelon said, based on the public feedback, the least priority would be reconfiguring the traffic from four lanes to two lanes, but do everything possible for safe passage, such as widening of the sidewalks and include the beautification City Council Meeting Minutes/November 22, 2005 Page 7 of 18 Pages projects. 0 Snell listed his priorities as installation of sidewalks first and installation of gateway elements last. ® Sansing said his number one priority is the installation of sidewalks and he definitely does not want the reconfiguration of traffic lanes from four to two. ® Eason said she thought the burying of overhead utilities should be done first before anything else. Briggs said the burial of utilities is scheduled and funded in conjunction with the Austin Ave. TXDOT agreement. a Smith said the "key" is getting wide enough sidewalks. Yantis said the allowable space for sidewalks is narrow between 3rd and 2nd Streets, but still possible. Smith asked for stop signs. Yantis noted that Austin Avenue is still under TXDOT control. Briggs said a signal would be better because stop signs cause multiple stacking. He also noted that increased pedestrian traffic will further slow vehicular traffic. Sansing suggested a new kind of speed bump that would allow public safety vehicles to pass, but would cause regular vehicles to need to slow down. Kirby said he thinks more data is needed before four lanes is reconfigured to two lanes. He said his priorities are to get the speed down and the traffic lights in. Motion by Carr, second by Kirby to eliminate any consideration of the four -to -two lanes reconfiguration, only bring it up again if there is a traffic study that seems to justify it; take the other five recommendations; add speed reduction; and send it back to staff for an integrated plan. Approved 6-0. (Oliver absent) GG Second Readings 1. Second Reading of an Ordinance repealing and replacing Chapter 12.32 of the Code Of Ordinances pertaining to the Georgetown Municipal Airport Use Regulations and the Minimum Standards for Commercial and Non -Commercial Operations -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Yantis read only the caption on second reading. Motion by Snell, second by Kirby to approve. Ordinance 2005-74 approved having 6-0. (Oliver absent) predicted plane crashes and said there is Polasek noted that the Century Plan item needs to be taken before the development plan. 3. Second Reading of an ordinance providing for the adoption of the Georgetown Municipal Airport Functional Plan Element as a new element of the Century Plan -- Edward G. Polasek, AICP, Chief Long Range Planner and Bobby Ray, AICP, Acting Director of Planning and Development Polasek read only the caption on second reading. He noted that at first reading the language was modified to "incorporated herein by reference." He said because this is a Century Plan amendment, it must have a super majority vote to pass. Motion by Sansing, second by Eason to approve. Ordinance 2005-76 approved 6-0. (Oliver absent) 2. Second Reading of an Ordinance approving a Major Revision to a Planned Unit Development - Development Plan incorporating a new site plan and revised development standards pursuant to the Airport Master Plan Update for the Georgetown Municipal Airport located at 500 Terminal Drive, and a Rezoning from a base district of RS, Residential Single-family to IN, Industrial -- Bobby Ray, AICP, Acting Director of Planning and Development Ray explained the item and read only the caption of the ordinance on second reading. Speaker, Keith Peshak, said the City could change the Airport back to what it was before having received federal money. He predicted plane crashes and said there is no plan for dealing with them. Speaker, Don Allan, recalled that he had spoken to Council at the last meeting about how safety would be enhanced by a control tower. He said he thinks the tower would also be an economic advantage for the City. Motion by Snell, second by Kirby to approve. Ordinance 2005-75 approved 6-0. (Oliver absent) 4. Second Reading of an Ordinance Amending Section 8.04.80 of the Code of Ordinances regarding burning of refuse to allow prescribed burns under certain circumstances in accordance with state laws and regulations -- Tom Yantis, Assistant City Manager City Council Meeting Minutes/November 22, 2005 Page 8 of 18 Pages Yantis read only the caption on second reading. He said he received information from the Lieses and they are not satisifed that this will allow them to continue to burn brush on their property. Eason questioned what kind of burning would take place other than brush piles. She suggested that the burning of brush piles be allowed. Yantis noted that this particular ordinance was developed at the request of the Corps of Engineers. Nelon asked about the new legislation regarding burning, and Carls noted that within the City limits, the City still has control. Lincoln said prescribed burns are not a problem when the criteria is followed. He said brush burning will lead to developers wanting to clear their land. He noted that if the smoke from burning brush goes into another area and causes difficulties for neighbors, the Fire Department will respond and put out the fire. He suggested chipping and mulching instead of burning, and noted that Williamson County is still under a burn ban because of the extreme dry conditions. Motion by Snell, second by Carr to approve the ordinance. Carls said the section number will be changed on the first page. Ordinance 2005-77 approved approved 6-0. (Oliver 6-0. (Oliver absent) 5. Second Reading of an Ordinance adding a new definition to Section 12.20.010 to the Code Of Ordinances pertaining to U. S. Army Corps Of Engineers Park Land; adding a new section 12.20.090 to be entitled "Special Rules For U. S. Army Corps Of Engineers Park Land;" adopting by reference the Federal Rules and Regulations found in Title 36 of The United States Code, Chapter III, Part 327; and providing for the enforcement of such Federal Regulations by City Personnel on U. S. Army Corps of Engineers Park Land -- Tom Yantis, Assistant City Manager Yantis read only the caption on second reading. Motion by Carr, second by Smith to approve. Ordinance 2005-78 approved 6-0. (Oliver absent) 6. Second Reading of an Ordinance exempting federally -owned buildings located within the City of Georgetown from Title 15, Chapter 15.04, Section 15.04.010 relating to the adoption of the 2003 International Building Code -- Tom Yantis, Assistant City Manager Yantis read only the caption on second reading. Motion by Sansing, second by Eason to approve. Ordinance 2005-79 approved 6-0. (Oliver absent) 7. Second Reading of an ordinance designating a continuous geographic area within the City of Georgetown, generally described as Lot 1, Block 1 of the Park Central Subdivision, consisting of approximately 7.09 acres, as a Reinvestment Zone for property tax abatement purposes, pursuant to Chapter 312 of the Texas Tax Code -- Mark Thomas, Economic Development Director and Paul Brandenburg, City Manager Thomas explained the item and read only the caption on second reading. Motion by Sansing, second by Carr to approve. Kirby said he voted against this tax abatement at the last meeting, and said he feels there is no benefit to the City during the first two-year term of the agreement. He said the jobs are not high -paying jobs, at $30,000 per year. He said his main concern is that the tax abatement does not encourage the business owner to expand his business, and said he thinks there should be an abatement on the building that the business owner plans to build. He said he thinks this designation is just a gift of $10,000 per year. Kirby said he thinks a zone could be created anywhere in Georgetown to allow the tax abatement. Vote on the motion: Ordinance 2005-80 approved 5-1. (Oliver absent)(Kirby opposed) HH Consideration and possible action regarding a Personal Property Tax Abatement Agreement between Turnco Tools & Instruments, Inc., the City of Georgetown, and Williamson County -- Mark Thomas, Economic Development Director and Paul Brandenburg, City Manager Thomas acknowedged the owners of Turnco, Calvin and Sandy Griffin, in the audience. He said they moved here in May with 15 jobs and are already up to 30 jobs. City Council Meeting Minutes/November 22, 2005 Page 9 of 18 Pages Snell confirmed that this only applies to the current equipment and a new building would need a new item for approval. Snell asked for the reason to "start big and go smaller" with abatements. Thomas said this is the normal way for it to be done. He said Tasus was done in the opposite way. He said with the normal process, in the ensuing years, revenue begins to come into the community. Kirby said that is his main concern about this agreement because there is nothing in the agreement to encourage continued growth. Motion by Snell, second by Carr to approve the tax abatement agreement. Carr said he has been in the plant and he encouraged the other councilmembers to visit. Approved 5-1. (Oliver absent)(Kirby opposed) 8:00 p.m. - recessed 8:09 p.m. - resumed II Public Hearings/First Readings 1. First 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, revenue collection rates, donations, project timing, grants and payments to bond escrow agent for refunding bonds -- Laurie Brewer, Controller and Micki Rundell, Director of Finance & Administration Brewer explained the item, saying the amendment is needed to offset variances that occurred due to refunding debt that was issued to pay off debt that was originally issued at a higher interest rate. She said there also were variances related to donations and grants and festival revenue and expense and the trolley commitment. She read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Smith, second by Carr to approve. Approved 6-0. (Oliver absent) 2. First 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 -- Jimmy Carranco, Streets Foreman; Mark Miller, Transportation Services Manager; and Jim Briggs, Assistant City Manager for Utility Operations Carranco read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Kirby to approve. Approved 6-0. (Oliver absent) 3. Public Hearing to Consider a 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, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development McCollum explained the item, saying staff is supportive of the zoning change. The public hearing was opened at 8:12 p.m. There were no comments. The Public Hearing was closed at 8:12 p.m. 4. First 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, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development McCollum read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Carr, second by Smith to approve. Snell asked about the connectivity. Yantis noted that there is a separate connectivity policy for Sun City in the Seventh Amendment. Approved 6-0. (Oliver absent) 5. Public Hearing to Consider 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 City Council Meeting Minutes/November 22, 2005 Page 10 of 18 Pages southeast of Jim Hogg Road also known as Fountainwood Plaza -- Bobby Ray, AICP, Acting Director of Planning and Development Ray explained the item, saying this rezoning will allow the properties to develop without the "build to" provision. He said the applicant is making the request because of the safety issues related to the close proximity to Williams Drive. He said the Planning and Zoning Commission approved unanimously with conditions limiting to C-1 uses only. The Public Hearing was opened at 8:16 p.m. There were no comments. The Public Hearing was closed at 8:16 p.m. 6. First 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, AICP, 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 Sansing, second by Carr to approve. Snell asked if this will continue to be requested along Williams Drive. Yantis said this is more of a rural section of Williams Drive with a higher speed limit. Ray said along Williams Drive there is a mixture of C-3 and C-1 from the previous zoning ordinance. Kirby commended the applicant for asking for C-1 uses only. Vote on the Motion: Approved 6-0. (Oliver absent) 7. Public Hearing to Consider Rezoning a .26 and .18 acre tract out of the Porter Survey, from OF, Office District and RS, Residential Single-family District to C-1, Local Commercial, located at 1502 Williams Drive -- Bobby Ray, AICP, Acting Director of Planning and Development - Bobby Ray, AICP, Acting Director of Planning and Development Ray explained the item, saying the C-1 zoning is sought in order to build a bank. He said staff is supportive of the rezoning and the Planning and Zoning Commission recommended approval. The Public Hearing was opened at 8:24 p.m. There were no comments. The Public Hearing was closed at 8:24 p.m. 8. First 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 C-1, Local Commercial, located at 1502 Williams Drive -- Bobby Ray, AICP, 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 Carr, second by Sansing to approve. Approved 6-0. (Oliver absent) 9. Public Hearing to Consider Rezoning Legend Oaks Section 11, Lots 1 through 6 from RS, Residential Single -Family to C-1, Local Commercial located on the south side of State Highway 29, east of River Chase Boulevard -- Bobby Ray, AICP, Acting Director of Planning and Development Ray explained the item, saying the Planning and Zoning Commission unanimously approves. The Public Hearing was opened at 8:27 p.m. There were no comments. The Public Hearing was closed at 8:27 p.m. 10. First Reading of an Ordinance Rezoning Legend Oaks Section II, Lots 1 through 6 from RS, Residential Single -Family to C-1, Local Commercial located on the south side of State Highway 29, east of River Chase Boulevard -- Bobby Ray, AICP, 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 Sansing, second by Eason to approve. Approved 6-0. (Oliver absent) 11. Public Hearing to Consider 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 City Council Meeting Minutes/November 22, 2005 Page 11 of 18 Pages Rowe explained the item, saying the staff recommends approval with the restrictions on vehicle service and sales. The Public Hearing was opened at 8:29 p.m. An unidentified speaker who owns the property at 1005 Rock Street, said she was also speaking for the owners of 1009 Rock Street, and they both request approval for the rezoning. The Public Hearing was closed at 8:29 p.m. 12. First 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 first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Carr to approve. Snell said he would like to delay action in order to see the report from staff regarding this area. Ray said there will be an item brought forward on December 13 regarding the downtown overlay issue and the land use issue on Martin Luther King Boulevard. Kirby clarified that the fuel sales and vehicle service would be eliminated. Ray said there will be a policy discussion on the December 13 agenda before the second reading of this item. Approved 6-0. (Oliver absent) 13. First Reading of an ordinance of a Century Plan Amendment to change the Future Land Use Pian 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 explained the item, saying the Planning and Zoning Commission recommends approval. He read only the caption on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve on first reading. Approved 6-0. (Oliver absent) 14. Public Hearing on the annexation into the City of approximately 3100 acres consisting of various tracts of land owned by the United States Army Corps of Engineers adjacent to Lake Georgetown and 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 noted to Council that after all of the Public Hearings on annexations, Item JJ on this agenda, would allow discussion of the final boundaries for annexation; and Council could give staff final clarification on those boundaries. He called Council's attention to the map provided on the dais. Polasek explained that this particular annexation item concerns 3100 acres owned by the U. S. Army Corps of Engineers. He said this is property surrounding Lake Georgetown and the San Gabriel River in Georgetown's ETJ. He said this area was identified as being important for annexation to provide environmental and green space protection, as well as hazard mitigation, and to bring all of the Corps property under the City's police and fire jurisdiction. He said this was another area where there was shared police and fire jurisdiction. He said staff has met with the Corps to work out the details of police and fire response and they discussed building permits. He noted that the second readings of ordinances were on the agenda tonight to address those three issues. He listed the following services to be provided: 1. Police Protection 2. Fire Protection and Emergency Medical Services 3. Solid Waste Collection 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that are not within the area of another Water or Wastewater Utility 5. Operation and Maintenance of Streets, Roads, and Street Lighting 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools (not under State or Federal jurisdiction) 7. Operation and Maintenance of Municipally Owned Buildings, Facilities, and Services 8. Library Privileges 9. Planning and Development Services, Building Permits, and Inspections City Council Meeting Minutes/November 22, 2005 Page 12 of 18 Pages 10. Animal Control Services 11. Business Licenses and Regulations 12. Health and Safety Regulations 13. Regulations Pertaining to Peace, Morals and Welfare In Summary: It is the intent to provide the annexed area with municipal services and programs comparable to similar areas in the balance of the City. Mayor Nelon confirmed that the above service plan applies to all annexation areas. Polasek said in all other areas there is another sentence involved, and that has to do with the extension of capital improvements. He said he would make that distinction at the next public hearing item. Carls confirmed that the Public Hearing requires a discussion of the service plan for each area. It was determined that Polasek would use a projected slide, designating the service plan, during the consideration of each public hearing item, rather than listing the services each time. The Public Hearing was opened at 8:40 p.m. Speaker, Leslie Stroble, told Council she is familiar with the river and lake area and said she goes out there quite often. She said this annexation proposal says to her that annexation will allow streets and homes in this area. She said she is concerned that the City is taking the land away from the Corps of Engineers; and she is concerned about builders coming into the area to build houses. She also expressed concern about the regional wastewater location dumping sewage into the North San Gabriel River. She said she is concerned that the lake is being taken away from the public and given to builders. Yantis explained that the process of annexation does not change the ownership of the property. He said the Corps of Engineers will continue to maintain the property and there will be no development of houses. It was clarified that this annexation does not contain North Lake Subdivision. Speaker, Ed Hillis, asked for the City's interest in annexing the Corps land. Polasek said the area was identified for annexation in order to provide environmental and green space, hazard mitigation, and to bring it under Georgetown Police and Fire protection. The public hearing was closed at 8:48 p.m. 15. Public Hearing on the annexation into the City of 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 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 explained the item, saying the purpose for this annexation is to bring all of Williams Drive under the City's police jurisdiction. He noted the services to be provided with the annexation are the same as with the previous item along with the extension of capital improvements, subject to the current utility extension policy. The Public Hearing was opened at 8:51 p.m. There were no comments. The Public Hearing was closed at 8:51 p.m. Snell said he thinks land use and economic development should be listed as reasons for annexation, as well as police jurisdiction. 16. Public Hearing on the annexation into the City of approximately 131.3 acres of land from the D. Wright Survey that lies south of Williams Drive and east of D.B. Wood Road, 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 of Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner City Council Meeting Minutes/November 22, 2005 Page 13 of 18 Pages Polasek explained the item, saying the purpose for this annexation is to bring all of Williams Drive and D. B. Wood Road under the City's police and land use jurisdiction. He noted the services to be provided with the annexation are the same as with Item 14, along with the extension of capital improvements subject to the current utility extension policy. The Public Hearing was opened at 8:53 p.m. There were no comments. The Public Hearing was closed at 8:53 p.m. 17. Public Hearing on the annexation into the City of all 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, and a portion of Booty's Crossing Road R.O.W. beginning approximately 220 ft. west of Oak Ridge Circle and extending 1320 ft. westward, referred to as Annexation Area 13c -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek explained the item, saying this annexation contains the Liese property, Faith Lutheran Church, and the Chevron Station. He said the purpose of this annexation is to bring all of Williams Drive under the City's police and planning jurisdictions. He said staff is recommending removal of Booty's Crossing Road in order to work with the County to bring all of Booty's Crossing Road into City jurisdiction at one time. He said the services to be provided with the annexation are the same as with Item 14 above, along with the extension of capital improvements subject to the current utility extension policy. Polasek noted that Council was given a letter from Mr. Nauman who objects to annexation. The Public Hearing was opened at 8:55 p.m. Milton Liese designated his time to his wife, Betty. Speaker, Betty Liese, said they do not want to be annexed. She said she has given assurance to the City that she and her husband have no plans for development, and if their plans change, they will request annexation. She said the proposed amendment to the prescribed burn ordinance does not address their needs, saying they need to be able to burn brush piles. She said she can't afford to pay professionals to grind up the brush and take it to the landfill, and said she doesn't think putting ground -up brush in a landfill is proper. She said changes for agricultural property should be included in the annexation ordinances, to allow the proper management of those properties. The Public Hearing was closed at 9:02 p.m. Sansing asked if there were any way that Council could keep from annexing this property. Yantis agreed that it is possible to annex all of Williams Drive without annexing the Liese property, as long as Council agrees to annex Area 13a. He said the property owners in 13a had also asked not to be annexed. Yantis said one of those two annexation areas still needs to be annexed. Sansing asked about the area being left out between the two areas, and Yantis said it has to do with needing to provide utility infrastructure. 18. Public Hearing on the annexation into the City of all of Buzzard Branch Subdivision and an approximately 5 acre portion of Booty's Crossing Road R.O.W. that begins at the current city limits near Kathi Lane and extends northwest to a point which is 220 ft. west of Oak Ridge Circle, referred to as Annexation Area 13d -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek explained the item, saying this annexation contains one out -parcel south of Booty's Crossing Road, referred to as the Buzzard Branch Subdivision. He said the purpose for this annexation is that it is an area important for economic development and transportation, and it closes gaps in the City's police and planning jurisdiction. He said staff is recommending a change to this annexation area to remove almost all of the area surrounding Booty's Crossing Road, except for a 112 acre tract surrounded by the city limits on three sides, in order to work with the County on jurisdiction and then annex all of Booty's Crossing Road at one time. He said the services to be provided with the annexation are the same as with Item 14 above, along with the extension of capital improvements subject to the current utility extension policy. The Public Hearing was opened at 9:04 p.m. There were no comments. The Public Hearing was City Council Meeting Minutes/November 22, 2005 Page 14 of 18 Pages closed at 9:04 p.m. 19. Public Hearing on the annexation into the City of various tracts of land out of the A. Flores Survey, totaling approximately 199.2 acres, and approximately 22.8 acres of R.O.W., including: all of East Drive; a portion of CR 151 beginning at the intersection of Austin Ave. and extending approximately 4920 ft. northeasterly to the intersection of CR 152; a portion of CR 152, beginning at the intersection of CR 151 and extending approximately 1500 ft. southeasterly to the current city limits; 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 explained the item, saying the purpose for this annexation is to allow the City to have planning jurisdiction along the new Inner Loop and to provide infill towards SH130. He said the services to be provided with the annexation are the same as with Item 14 above, along with the extension of capital improvements, subject to the current utility extension policy. The Public Hearing was opened at 9:06 p.m. There were no comments. The Public Hearing was closed at 9:06 p.m. 20. Public Hearing on the annexation into the City of 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 explained the item, saying the purpose for this annexation is to bring all of the potential transit center property into the City. He said the services to be provided with the annexation are the same as with Item 14 above, along with the extension of capital improvements, subject to the current utility extension policy. The Public Hearing was opened at 9:07 p.m. There were no comments. The Public Hearing was closed at 9:07 p.m. 21. Public Hearing on the annexation into the City of 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 explained the item, saying the purpose for this annexation is to bring all of the potential transit center property into the City. He said the services to be provided with the annexation are the same as with Item 14 above, along with the extension of capital improvements, subject to the current utility extension policy. The Public Hearing was opened at 9:08 p.m. There were no comments. The Public Hearing was closed at 9:08 p.m. Speaker, Ellen Hughes, said she wants her farm to remain outside the City Limits. She said she had not thought about the burning issue, saying they also burn stubble and brush. She said she is concerned about the change in tax status. She said she thinks the only reason she could see for the City to want to annex her land would be to put in a road to join the Inner Loop with SH130. She said cutting across her land would damage the value of her property. The Public Hearing was closed at 9:12 p.m. 22. Public Hearing on the annexation into the City of 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 City Council Meeting Minutes/November 22, 2005 Page 15 of 18 Pages Polasek explained the item, saying the purpose for this annexation is that the Williams Drive Corridor was prioritized for annexation to bring all of Williams Drive under the City's police jurisdiction. He said the services to be provided with the annexation are the same as with Item 14 above, along with the extension of capital improvements, subject to the current utility extension policy. The Public Hearing was opened at 9:13 p.m. There were no comments. The Public Hearing was closed at 9:13 p.m. 23. Public Hearing on the annexation into the City of 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 explained the item, saying the purpose for this annexation is to provide a method to extend the City Limits to Escalera Subdivision in order to potentially annex the subdivision as it is platted. He said the services to be provided with the annexation are the same as with Item 14 above, along with the extension of capital improvements, subject to the current utility extension policy. The Public Hearing was opened at 9:14 p.m. There were no comments. The Public Hearing was closed at 9:14 p.m. 24. Public Hearing on the voluntary annexation into the City of 10.04 acres, more or less, platted as Legend Oaks 11 Subdivision, located south of State Highway 29, approximately one half mile west of IH 35 -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek explained the item, saying it is a voluntary annexation, and the purpose for this annexation is to bring the remainder of Legend Oaks Subdivision into the City. He said the services to be provided with the annexation are the same as with Item 14 above, along with the extension of capital improvements, subject to the current utility extension policy. The Public Hearing was opened at 9:15 p.m. There were no comments. The Public Hearing was closed at 9:15 p.m. 25. Public Hearing on the voluntary annexation into the City of 27.47 acres of Right of Way, more or less, 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 described the item, noting that the City has received title for the Inner Loop ROW from Williamson County, per the Inner Local Agreement concerning the construction of the Inner Loop improvements. He emphasized that the City is, therefore, the applicant. He said the City will annex the roadways in order to provide police protection and to set speed limits. He said this annexation is for the portion of D.B. Wood Road extending south from the Corps of Engineers property. The Public Hearing was opened at 9:16 p.m. There were no comments. The Public Hearing was closed at 9:16 p.m. 26. Public Hearing on the voluntary annexation into the City of 51.34 acres of Right of Way, more or less, in the Antonio Flores Survey and John Berry Survey, for Inner Loop East Right of Way -- Bobby Ray, AICP, Acting Director Planning and Development and Edward G. Polasek, AICP, Chief Long Range Planner Polasek described the item, noting that the City has received title for the Inner Loop ROW from Williamson County, per the Inner Local Agreement concerning the construction of the Inner Loop improvements. He emphasized that the City is, therefore, the applicant. He said the City will annex the roadways in order to provide police protection and to set speed limits for the portion of Inner Loop extending from SH29 north to FM971. He said the Council Districts assigned to this area were divided City Council Meeting Minutes/November 22, 2005 Page 16 of 18 Pages between District 6 north of San Gabriel River and District 7 south of San Gabriel River. The Public Hearing was opened at 9:16 p.m. There were no comments. The Public Hearing was closed at 9:16 p.m. 27. Public Hearing on the voluntary annexation into the City of 3.0251 acres of Right of Way, more or less, 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 described the item, noting that the City has received title for the Inner Loop ROW from Williamson County, per the Inner Local Agreement concerning the construction of the Inner Loop improvements. He emphasized that the City is, therefore, the applicant. He said the City will annex the roadways in order to provide police protection and to set speed limits for the portion of inner Loop extending from County Road 151 to Austin Avenue, and Sudduth Drive, which the City constructed to connect to Industrial Park Circle. The Public Hearing was opened at 9:17 p.m. There were no comments. The Public Hearing was closed at 9:17 p.m. 28. Public Hearing on the voluntary annexation into the City of 5.252 acres of Right of Way, more or less, 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 described the item, noting that the City has received title for the Inner Loop ROW from Williamson County, per the Inner Local Agreement concerning the construction of the Inner Loop improvements. He emphasized that the City is, therefore, the applicant and the City will annex the roadways in order to provide police protection and to set speed limits. He said that while transferring the Inner Loop ROW to the City, Williamson County included County Road 265, since the City is making improvements to the roadway to improve access and traffic movement along SH29. The Public Hearing was opened at 9:17 p.m. There were no comments. The Public Hearing was closed at 9:17 p.m. Jul Discussion and possible action to provide staff direction on finalized annexation areas -- Edward G. Polasek, AICP, Chief Long Range Planner and Bobby Ray, AICP, Acting Director of Planning and Development Polasek recommended to Council that they advise staff of any recommended changes to the proposed annexation areas. He said Council could reduce the size of the annexation areas but cannot increase the size. He recalled the recommended staff changes to Annexation Areas 13c, 13d, and 16a. He said the results of Council's action on this item will be given to the City surveyor to finalize the exact areas to be annexed. Polasek and Carls explained that it would be pretty difficult to get all the metes and bounds corrected by December 23, unless Council can be specific at this meeting. Carls confirmed that if Council wants to consider any changes other than the staff recommendations, to please come forward with a motion. Sansing asked if the 1000 -foot annexation option had been offered to Ms. Hughes in Area 19c. Yantis explained that the issue is land use control, so the City is attempting to annex as much property around the future transporation hub, as possible, in order to have development control. Snell confirmed that the Council wants to be able to control the land use and future development of the property. Sansing asked how annexation would affect the family keeping their property as a farm. Yantis said they could continue the current use of the property with the addition of City municipal codes for buildings, burning, etc. He noted that legal non -conforming uses may continue to operate; and Polasek said being in the City Limits would not effect the agricultural exemption. Sansing asked if there could be an agreement to defer annexation, and Carls said there could be, but there have been no meetings or discussions regarding this, so she could not predict what might be included in the agreement. Polasek said without Area 19c, it would be difficult to annex the area around SH130 in order to control the development there. City Council Meeting Minutes/November 22, 2005 Page 17 of 18 Pages Motion by Carr, second by Smith to follow staff recommendations to change the annexation areas as follows: Area 13c, remove Booty's Crossing Road from the annexation area; Area 13d, just annex a small portion of Booty's Crossing Road with city limits on both sides of the road; Area 16a, remove properties fronting Lonnie Thomas, East Drive and CR152. Smith said when the Council first decided to do the annexations, they had the "big picture" in mind. Carr said growth will be inevitable and rapid in the southeast portion of the City, and the City Council needs to be able to manage that growth. Sansing asked and Carls said the property covered by an agreement for deferring annexation, would not be counted in the total amount of the annexation area. Vote on the Motion: Approved 4-2. (Oliver absent)(Kirby and Sansing opposed) Sansing said his is a "protest" vote because he is a proponent of annexation, but wishes there were some way to be accomodating to individuals. Snell said he thinks there needs to be some resolution to the burn issue on agricultural property taken into the city limits. It was determiined that Yantis will work with the Fire Department regarding an amendment to the burn ordinance and will work with the building department regarding exemption from building codes for certain buildings on agricultural property. Kirby said he is very sympathetic to people who have farms, and although the Council needs to be able to plan the City, he thinks the property owners with large farms need to be protected and not put out of business. The meeting was adjourned at 09:38 PM. City Council Meeting Minutes/November 22, 2005 Page 18 of 18 Pages Attest: ry Sandra Lee