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HomeMy WebLinkAboutMIN 07.02.2005 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Mayor Pro Tem presiding. Council Present. !i Council Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry �I Mayor Gary Nelon Carr, John Kirby, Farley Snell, Ben Oliver j ii Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Randy Morrow, Director of Community Services; Kevin Russell, Human Resources Director; Terri Calhoun, Paralegal; Bobby Ray, Acting Director of Community Development; Ed Polasek, Chief Long -Range Planner; Iil Rebecca Rowe, Historic District Planner; Carla Benton, Development Planner; Mark Thomas, Economic Development Director; Terry Jones, Purchasing Director; Tom Benz, Systems Engineering Manager A Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - Legal Advice Regarding Agenda Items and other Matters - Discussion and possible action regarding legal issues related to the proposed contract and offers of financial or other incentives to a business prospect seeking to locate, stay or expand at 500 S. Austin Avenue B Section 551.072 - Deliberations Regarding Real Property - Discussion and possible action regarding purchasing parkland on the West side of IH 35 - Discussion and possible action concerning terms for acquisition of a Right-of-way Easement from Westinghouse Road Ventures (William & Rebecca Booth) and Bill and P.D. Chapman for the realignment of CR 265W to avoid the removal of large oak trees within the existing right-of-way C Sec.551.086 Public Power Utility Competitive Matters - Discussion and possible recommendation to authorize purchase from Cox Communications joint fiber facilities and to allow for separation and relocation of existing fiber currently owned by Georgetown Utility Systems from fiber owned by Cox Communications - Discussion and possible action to approve payment to McCord Engineering to provide engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion (due to development), and system mapping - Discussion and possible action regarding a resolution of the City Council of the City of Georgetown, Texas regarding competitive matters for purposes of the Public Information Act and the Open Meetings Act; and repealing conflicting resolutions D Sec.551.087: Deliberations Regarding Economic Development Negotiations - Discussion and possible action regarding legal issues related to the proposed contract and offers of financial or other incentives to a business prospect seeking to locate, stay or expand at 500 S. Austin Avenue = E Call to Order The meeting was called to order by Mayor Pro Tem Doug Smith at 6:05 p.m. F Pledge of Allegiance Mayor Pro Tem Smith led the Pledge. G Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Pro Tem Doug Smith City Council Meeting Minutes/July 26, 2005 Page 1 of 9 Pages Mayor Pro Tem SMILI I welcomed the audience and gave a brief outliru of meeting procedures. - Review of new procedure for addressing the City Council Mayor Pro Tem Smith explained the new procedure for addressing the City Council. H Announcements and Comments from City Manager There were no announcements from the City Manager. I 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. J Action from Executive Session Motion by Sansing, second by Kirby that the City staff be authorized and directed to obtain an appraisal of the property owned by Raymond J. Joseph located near the Georgetown Tennis Center consisting of approximately 39 acres, and to report the results of that appraisal back to the City Council for further consideration. Approved 7-0 Motion by Sansing, second by Carr that the City Manager be authorized to make an offer to Cox Communications for the purchase of their fiber facilities in an amount not to exceed $127,000. Approved 7-0 Motion by Sansing, second by Snell that the City Council approve additional funding in an amount not to exceed $475,000 for engineering services provided by McCord Engineering related to the planning, design, and review of the City's electric system improvements, system construction, system expansion due to development, and system mapping. Approved 7-0 Motion by Sansing, second by Kirby that the City Council approve the resolution entitled, "Resolution of the City Council of the City of Georgetown, Texas regarding Competitive Matters for Purposes of the Public Information Act and the Open Meetings Act; and Repealing Conflicting Resolutions." Approved 7-0 Smith announced that Item BB would be brought forward on the agenda following Item U, and Item Z-1 would be moved to the end of the agenda. K Consideration and possible action to approve the minutes of the Council Workshop on Monday, July 11, and the regular Council Meeting on Tuesday, July 12, 2005 -- Sandra D. Lee, City Secretary L Consideration and possible action to approve a $3,500.00 grant for Kid City Summer Camp from the Rural Capital Area Workforce Commission at no cost to the City -- Traci Stengle, Superintendent of Special Services and Randy Morrow, Director of Community Services M 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 June 30, 2005 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration N Consideration and possible action to approve a resolution opposing the applications by the City of Leander, Texas relating to Certificate of Convenience and Necessity Nos. 10302 and 20626 (Application Nos. 34789-C and 34790-C); SOAH Docket No. 582-05-7095; TCEQ Docket No. 2005-0864-UCR; authorizing the opposition of the pending permit applications before the Texas Commission on Environmental Quality and the State Office of Hearing Examiners; authorizing the retention of the law firm of Tiemann, Shahady, and Hamala, P.C., and providing that resolution is effective upon passage -- Patricia E. Carls, City Attorney O Consideration and possible action on a Resubdivision of Logan Plateau, Block A, Lots 1 and 2, located at the intersection of Lovie Lane and Logan Ranch Road -- Melissa McCollum, AICP, Development Planner and Bobby Ray, AICP, Acting Director of Planning and Development P Discussion and possible action to authorize the Mayor or Mayor Pro Tem to execute the "San Gabriel Senior Village Predevelopment Loan Summary of Terms and Conditions" for the San Gabriel Senior Village project to assist the project in receiving housing tax credits for the creation of affordable housing units in Georgetown -- Micki Rundell, Director of Finance and Administration Motion by Sansing, second by Oliver to approve the Consent Agenda in its entirety. Approved 7-0. Legislative Regular Agenda Q Consideration and possible action to approve the Bylaws and Hearing Procedures for the City of City Council Meeting Minutes/July 26, 2005 Page 2 of 9 Pages Georgetown Ethics Review Commission -- Gerald Sensabaugh, Chair at v�: Patricia Carls, City Attorney Sensabaugh said the bylaws were changed so as not to be redundant to the Ethics Ordinance. He said Hearing Procedures were developed to give a timeline and explain the process to be used for filing an ethics complaint. Motion by Snell, second by Sansing to approve the Ethics Commission Bylaws and Hearing Procedures. Snell confirmed that the bylaws have been reviewed by the City Attorney. Approved 7-0. R Consideration and possible action to approve a revised process for the annual City Council evaluation of the City Secretary and Municipal Judge -- Kevin Russell, Human Resources Director Russell noted that the evaluation process was recently revised for the evaluation of the City Manager, and this item is to revise the process for the evaluation of the City Secretary and Municipal Judge. He said the process for the City Secretary more closely resembles the process for the City Manager because of the interaction with the Council, and explained that most of the evaluation of the Judge will be done through feedback from city staff members. Motion by Carr, second by Sansing to approve the revised process. Approved 7-0. Oliver asked about the timing of the evaluations, and Russell noted that the evaluations are to be done before the budget process in case of salary adjustments which would effect the budget, and in order to provide a baseline to be used next year. S Consideration and possible action to approve the purchase of an upgrade for the Police AutoCite handheld computers from Enforcement Technology, Inc. in the amount of $62,300 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Rundell explained that the upgrade will save 15 to 20 hours of staff time in municipal court and will be paid for by the court technology fee. Motion by Eason, second by Oliver to approve the purchase. Approved 7-0, T Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for the approval of an allocation of $6,000.00 in Hotel Occupancy Tax (HOT) funds to the Downtown Georgetown Association and the Williamson County Art Guild for promotion of "pARTicipate Georgetown" throughout the month of October in celebration of the Month of the Arts in Texas -- Shelly Hargrove, Tourism Director and Main Street Manager and Randy Morrow, Director of Community Services Huntsman encouraged the Council to approve the allocation from the cooperative advertising budget. Motion by Snell, second by Sansing to approve the allocation. Approved 7-0. U Consideration and possible action regarding annual funding in an amount not to exceed $56,100 for the Heritage Trolley Tour and Project 1900 -- Kent Huntsman, Chair of the Convention and Visitors Bureau Board; Shelly Hargrove, Tourism Director and Main Street Manager; and Randy Morrow, Director of Community Services Huntsman asked the Council to approve the 50% portion of the contract between the City and CARTS to provide a trolley to be used as a shuttle between Wolf Ranch and downtown Georgetown and to provide heritage tours. Snell asked Brandenburg to explain how this will be funded. Brandenburg said there are two issues: one, is that it has been anticipated that some kind of shuttle would be used between downtown and the shopping center, but the other issue of providing the historic tour of homes in combination with Project 1900 would have to be a secondary issue. He said the focus needs to be on how to move shoppers around, including expanding the route in the future and creating what could become a part of a transit system for the City. He said the route needs to be identified; the vehcle needs to be inspected to make sure it is in good working condition; there should be an arrangement with CARTS for a reliable back-up vehicle; and a determination needs to be made as to where to house the vehicle. He asked about a possible contribution from the Chamber. He questioned who would pay for advertising. He said his proposed budget goes to the Council this Friday for review before the budget hearings, and there has been no new program request for this project. He told Council that staff recommends this be paid with 'one-time" money to include some funding from Council Contingency and some from Convention and Visitor Bureau funds. He suggested the City may want to "hinge" this on the sales tax that will come from the Simon Mall. Oliver asked if there would be any money left over in the budget at the end of the year and Rundell responded that finance was not prepared to address this item, saying typically, there is not that kind of money leftover at the end of the budget year. She told Council that currently there is $54,000 left in this year's contingency, with another $60,000 in next year's contingency fund. Motion by Sansing, second by Snell to fund as suggested by City Manager Paul Brandenburg, with $34,000 coming from Council Contingency and $22,000 coming from the Convention and Visitors Bureau Budget, with a review of the project at mid -year; and making sure the matching funds are in place before the City contributes. Brandenburg said there should be two contracts, one contract between the City and CARTS and the other contract between the City and Simon and any other participants. He said the City would not commit until City Council Meeting Minutes/July 26, 2005 Page 3 of 9 Pages there is an inspection of ie vehicle by the City's mechanic. He said the contracts would come back to Council for approval. Carr suggested asking Simon and the Chamber to commit funding. Carr asked and it was determined that right now the shuttle would not go to the Rivery, only between Simon Mall and the downtown. Carr said the City should talk to the Chamber, Downtown Georgetown Association, and Simon. Sansing suggested a scheduled route that would start at Wolf Ranch, come downtown, go out Williams Drive, and then south to the Rivery. Carr suggested a friendly amendment to include the other entities. Snell, as the second, said he does not support adding the other entities to the motion. Oliver asked and Brandenburg read part of the contract between the City and Simon, saying it does not include specific wording about a shuttle. Motion by Kirby, second by Smith to amend to direct staff to bring back an implementation plan for a test period for Council's approval. Smith summarized Sansing's original motion, saying it was to approve the $56,000, contingent on matching money, and checking in six months to see how the project is working. Vote on amendment: Approved 7-0. Vote on original motion as amended: Approved 7-0. At this time, Item BB was brought forward. BB Consideration and possible action to suspend the rules and reconsider action taken on Item U at the June 28, 2005 Council meeting relative to authorization for staff to include parking provisions on the proposed parking lot located on Lot 23, City of Georgetown (400 S. Austin Ave.) in negotiating development agreements on properties in the Downtown Overlay District -- Farley Snell, Councilmember Motion by Snell, second by Sansing to suspend the rules. Approved 6-1. (Carr opposed) Motion by Snell, second by Sansing to reconsider Item U from the June 28, 2005, Council Agenda. Approved 6-1. (Carr opposed) Snell said he wanted to amend the action taken in June. He read the previous motion from June 28, along with the proposed changes, saying it was: "that staff be authorized in negotiating development agreements on properties in the Downtown Overlay District, to include a provision that the City will furnish a minimum of one hundred public access parking spaces on Block 23, City of Georgetown, if acquired by the City, for a period of, and then this is the amended word, instead of twenty, thirty years, commencing October 1, 2005, and this next part of a sentence is all new wording: that the City will not make any charges for parking on these spaces, except as consistent with the City's current and future policy and practise in making charges for parking in the Downtown Overlay District, and that during that period, should the City develop, participate in developing, or sell the property, the parking spaces will be provided under these same provisions on that site." Smith confirmed that it was a motion, and Eason seconded. Motion by Oliver, second by Snell to divide Snell's motion into two questions; one having to do with the period of 30 years, and the second having to do with the charges for parking. Approved 7-0 Speaker, Francisco Choi, spoke to Council about the property that he purchased from the Draegers, where the original body shop and Enterprise Car Rental were located, and provided Council with a handout showing an artistic rendering of his proposed development of approximately 18,000 square feet. He said Clark Lyda's project inspired him to produce his $10 million project, but if Lyda's development does not happen, he may have to rescale his project as well. Speaker, Joe Burke, spoke in an individual capacity, not as the Chair of the Historic Architectural Review Commission, saying the proposed projects will be vital to the downtown area and the parking would be appreciated. Speaker, Virginia Stubbs, as a downtown business and property owner, asked for Council's support of thirty years of free parking. Speaker, Ellie Skross, spoke in support of "this project." She said she owns a store downtown and hears people talking about the anticipation of having the Monument Diner downtown. Speaker, Jay Halley, one of the partners on a project across the street and down from the Monument project said he thinks his first unit will be complete in September. He commended the Council for adopting the Masterplan for Downtown. He said if that had not happened, he and his partner would not have built their project. He said they are about to begin the second phase which would be immediately across the street from the Monument Diner and the parking lot. He said the parking lot will be needed to support his project. He said guaranteed parking for 30 years is very important to the lenders of the developments downtown. Speaker, Rusty Winkstern, asked for reconsideration and support for the 30 -year timeframe in order to secure the financing for the $7 million project. He said the Monument has served the City for 10 years in their present location, and they look forward to serving the City in the new location. City Council Meeting Minutes/July 26, 2005 Page 4 of 9 Pages Speaker, Renee Hanson, commended Council for agreeing to rediscuss the issue and for purchasing the property for a parking lot. She asked if the City is willing to lose millions of dollars of development now over a commitment of an additional ten years, twenty years in the future, that may not be needed. Smith asked the Council to vote on whether they prefer the 30 -year designation of the lot for parking. Sansing said he would prefer to vote in perpetuity, because he believes the parking availability is that important. Oliver said he is committed to the revitalization of downtown, but said he believes 20 years is a reasonable length of time and it fails into the parameters of guaranteeing the financial support. Carr said he thinks the City working with the County has shown a good track record of solving parking needs, and said he is bothered by the 30 -year timeframe because he doesn't think parking needs can be predicted for such a long time in the future. He said he thinks if these particular developers "go away," there would be others lined up to come in. Eason said she would support the 30 years. She said at the last meeting there was not enough input from the developers to express the importance of having that area reserved for parking. Sansing said he envisions a parking garage with a covered over -the -street walkway in the future. He said, at that point in time, a fee could be considered to cover the expense of building the parking garage. Kirby said dense development needs adequate parking, saying 30 years is a short time. Smith said he would also support the 30 years, because the people who are putting up the money should be supported. Oliver pointed out that another developer had wanted to invest money in a building at 7th and Church, and had asked Council for a waiver of the heighth regulations, but was denied. Vote on the motion regarding the 30 -year timeframe: Approved 5-2. (Carr and Oliver opposed) There was a question regarding charging for parking and it was determined that the issue of charging for parking involves all of the downtown, not just the block in question. Carls said the timeframe is for 30 years, and said the actual motion is to approve the second half of the issue described on the agenda item cover sheet which said: "that the City will not make any charges for parking on these spaces, except as consistent with the City's current or future policy and practice in making charges for parking in the Downtown Overlay District; and that during that period, should the City develop, participate in developing, or sell the property, the parking spaces will be provided under these same provisions on that site." Smith asked the Council to vote on the issue of whether to charge for the parking. Vote on the amendment "not to charge." Approved 7-0. Sansing said he was against binding future councils to not be able to charge for parking. There was further explanation by City Attorney Patricia Carls regarding her interpretation of Snell's motion according to the wording on the cover sheet. She said she believed that the motion intended that Block 23 would be treated the same as any other parking downtown. Snell agreed that was his intent with the motion. V Consideration and possible action on a Public Review Final Plat of 83.313 acres out of the Asa Brown and J.T. Church Surveys, to be known as the Planned Unit Development of Escalera Ranch, Section Five, located off FM 2243 (Leander Road) -- Carla Benton, Development Planner and Bobby Ray, Acting Director of Planning and Development Benton explained the item saying the development will have 30 individual lots, a park lot, and a water tank. She said the Planning and Zoning Commission has recommended approval. Motion by Sansing, second by Carr to approve the Public Review Final Plat. Approved 7-0. W Consideration and possible action to approve an additional $455,000.00 to the Purchase Order to AvFuel Corporation for the purchase of jet fuel and avgas for resale at the Georgetown Municipal Airport -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager McLain explained the item saying the additional purchase is due to the increase in the price of crude oil and the increased fuel sales. Smith asked and McLain explained that the Ciy charges a fixed 25 cent per gallon margin. Motion by Sansing, second by Eason to approve the additional purchase. Approved 7-0. X Public Hearing on the Airport Master Plan update -- Tom Yantis, Assistant City Manager Yantis explained the process involved in updating the Master Plan. He gave a brief outline of the procedure to be followed in the public hearing. He introduced Chuck Willis and Leanna Ding of GRW Willis, Inc., consultants hired to facilitate the update, who gave Council a review of the update with a power point presentation. The Public Hearing was opened at 7:43 p.m. Speaker, Kathryn Heidemann, said she is well satsified that Willis has made a good effort, but said she has a question that has not been answered regarding the selection of the critical aircraft used to qualify the runways. She said she feels that the tasks required by the terms of the contract were to determine the critical design aircraft; to identify alternatives or options which may be considered by the City, and to City Council Meeting Minutes/July 26, 2005 Page 5 of 9 Pages prepare a narrative repos L regarding the Airport Master Plan Update and p, vvide substantiating documents. She said this needs to be done before the plan is considered complete. She said runway protection areas need to be addressed. There were no further comments. The Public Hearing was closed at 7:45 p.m. Y Consideration and possible action to accept the Airport Master Plan update, authorize the Mayor to sign the revised Airport Layout Plan, and to direct staff to initiate the process of amending the Century Plan to incorporate the updated Airport Master Plan -- Tom Yantis, Assistant City Manager Yantis explained the item, saying this would authorize the staff to initiate the process of amending the Century Plan to incorporate the updated Airport Master Plan. He said this new plan would replace the 1998 Airport Master Plan Element of the Century Plan. Motion by Sansing, second by Kirby to thank Chuck Willis and his staff; to accept the Airport Master Plan update; to authorize the Mayor to sign the revised Plan; and to direct staff to initiate the process of amending the Century Plan. Carr suggested that the entire Master Plan should not be a part of the Century Plan. He recommended Section 4 of the Master Plan become the Airport Element of the Century Plan. Motion by Snell, second by Eason to amend that Appendix E and Appendix F be removed from the Master Plan. Snell said one was a TXDOT study and one was a study done by Willis at the request of the Committee. He said this motion was brought up to the Committee, but the result was a tie and so the motion failed. Sansing said it was originally a part of the Master Plan, but was removed to the appendix. He said he believes it should stay as an appendix to the Master Plan. Smith asked and Snell explained that he would prefer that it be removed because it was not a part of the task that was assigned to the Committee to update the Master Plan. Yantis confirmed that the economic impact report from Willis was a part of the contract. Kirby said there is adequate evidence for growth without adding that study to the Plan. There were further comments and questions. Vote on the amendment: Denied: 4-3 (Smith, Carr, Sansing, and Oliver opposed) Motion by Carr, second by Snell to amend the original motion to make a staff -written version of Section 4 as the element of the Century Plan. Vote on the amendment: Approved 7-0. Vote on the original motion as amended: Approved 7-0. Z items forwarded from the Georgeown Transportation Enhancement Corporation (GTEC) 1. Consideration and possible action regarding a resolution approving an amendment to the 2004/05 Georgetown Transportation Enhancement Corporation budget in the amount of $2,158,525 -- Micki Rundell, Director of Finance and Administration This item was moved to the end of the agenda. 2. Consideration and possible action to submit projects for the 2006, 2007, and 2008 Federal Surface Transportation Program Metropolitan Mobility (STP MM) Roadway Capacity Expansion Projects for Single Occupancy Vehicles available through the Capital Area Metropolitan Planning Organization (CAMPO) -- Edward G. Polasek, AICP, Chief Long Range Planner and Bobby Ray, AICP, Acting Director or Planning and Development Polasek explained the item and said the Southeast Inner Loop widening was chosen by the staff to be submitted for the potential funding for the Corridor Study. He said the Georgetown Transportation Enhancement Corporation agreed to support. Snell asked how the City would be obligated if the grant is funded. Polasek said $100,000 in 2008-2009 fiscal year would be requested, but if the City is not able to come up with the local match or the City's priorities change, the City would ask that the project be removed from the TIF and then would not be obligated. Motion by Snell, second by Carr to approve the submission. Kirby said he is disappointed that Georgetown's participation in the $29 million is only going to be $100,000. He also said he thinks the contribution should go to a more immediate need such as the Southwest Bypass. Vote on the motion: Approved 7-0. 8:12 p.m. -- recessed 8:21 p.m. -- resumed AA Items forwarded from the Georgeown Utility System (GUS) Advisory Board 1. Consideration and possible action authorizing an agreement with Contract Land Staff, Inc. not to exceed $100,000 for right-of-way acquisition services -- Terri Calhoun, Paralegal and Jim Briggs, Assistant City Manager for Utility Operations Calhoun explained the item, saying the contract would be funded through right-of-way acquisition budgets and GUS recommends approval. Calhoun noted that Exhbit A should have also included an appraisal review service. Motion by Eason, second by Carr to approve authorizing the agreement. Approved 7-0. 2. Consideration of an award of the annual bid for flexible base material, sand, rock and sandy loam to City Council Meeting Minutes/July 26, 2005 Page 6 of 9 Pages DSD Trucking in the estimated amount of $122, 850.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Jones explained the item, saying it was unanimously approved by the GUS Board. Motion by Sansing, second by Carr to approve. Approved 7-0. 3. Consideration and possible action to award a contract for the 2005 Street Overlay Project to H. Deck Construction Company for the Base Bid, Add Alternate C, and Add Alternate D, in the amount of $1,543,642.50, with a project budget of $1,690,192.50 -- Tom Benz, System Engineering Manager and Jim Briggs, Assistant City Manager for Utility Operations Benz explained the item, saying the staff talked to 50 contractors but received only one bid. He said the GUS Board recommends approval. Motion by Snell, second by Sansing to approve the award. Approved 7-0. BB Consideration and possible action to suspend the rules and reconsider action taken on Item U at the June 28, 2005 Council meeting relative to authorization for staff to include parking provisions on the proposed parking lot located on Lot 23, City of Georgetown (400 S. Austin Ave.) in negotiating development agreements on properties in the Downtown Overlay District -- Farley Snell, Councilmember This item was handled earlier, following Item U. CC Consideration and possible action to direct staff, as part of this year's annual revision of the Century Plan, to provide a proposal to delete the Land Intensity Element of the Century Plan, including any additional references to the Land Intensity Element and Land Intensity Map within the Georgetown Century Pian document -- Farley Snell, Councilmember Motion by Snell, second by Oliver to direct staff, as part of this year's annual revision of the Century Plan, to provide a proposal to delete the Land Intensity Plan, including any additional references to the Land Intensity Element and Land Intensity Map within the Georgetown Century Plan document. He said the Land Intensity Element is really a designation of whether there are utilities available and is not discretionary regarding the number of people to reside in that area. He said the intensity map is out of date and doesn't contribute anything essential to the process. Sansing asked staff to respond. Polasek said the intensity model is not used the way it is described in the Century Plan. He said the procedure being used is to consult Staff Development Engineer, David Munk, to see if the infrastructure contains the capacity to correspond to that level. Snell said he thinks the Land Use Map handles the decision-making process. There was further discussion. Yantis said it is the only tool available for Council to say "no" to a development, based on it's utility capacity. He said it would remove the Council's discretion to deny a development. Snell said he thinks there should be a more complex Land Use Plan in place. Vote on the motion: Denied: 4-3. (Eason, Smith, Kirby and Sansing opposed) DD Consideration and possible action concerning a Development Agreement for acquisition of a Right -of -Way Easement from Westinghouse Road Ventures (William & Rebecca Booth) and Bill and P.D. Chapman for the realignment of CR 265W to avoid the removal of large oak trees within the existing right-of-way. -- Terri Calhoun, Paralegal and Jim Briggs, Assistant City Manager for Utility Operations Calhoun explained the item, saying the landowners have proposed to convey the easement in exchange for certain non-cash considerations outlined in the development agreement. Motion by Sansing, second by Eason to approve the development agreement. Approved 7-0. EE Second reading of an Ordinance for a Comprehensive Plan Amendment to change the Intensity Level from Level 2 and Level 5 to Level 4, and the Future Land Use from Office/Retail/Commercial, Mixed Use, and Mining to Residential, Residential—Major Multi -Family, Parks & Open Space, Office/Retail/Commercial, and Mixed Use for 898.03 acres in the J. Powell and J. Thompson Surveys also known as the Weir Charitable Trust Project, located south of FM 2243 and west of Interstate 35 -- Edward G. Polasek, AICP, Chief Long Range Planner and Bobby Ray, AICP, Acting Director or Planning and Development Polasek read only the caption on second reading. He said this tract shows the southwest bypass route from FM2243 to IH35 with the Round Rock/Chisholm Trail connection. Motion by Sansing, second by Eason to approve Ordinance 200541. Approved 7-0. FF Public Hearings/First Readings 1. First Reading on a Comprehensive Plan Amendment —to change the Intensity Level from Level 3 to Level 5 for 3.10 acres of the Porter Survey and to change the Land Use from Residential to Office/Retail/Commercial, located at 1502 Williams Drive -- Edward G. Polasek, AICP, Chief Long Range Planner and Bobby Ray, AICP, Acting Director or Planning and Development City Council Meeting Minutes/July 26, 2005 Page 7 of 9 Pages Polasek read only trio caption on first reading after having satisfied the requirements of the City Charter. He explained the item, saying that staff recommended that the applicant go to Mixed Use in order to protect the corridor. He said the property fronts the river. He said the Planning and Zoning Commission recommends approval, but staff still recommends denial. Speaker, O'Barr Rost, said staff was adamant that the development be built to C-1 which meant within five feet of Williams Drive. He said C-3 zoning has more flexibility and would allow using the back of the property, instead of the front. Speaker, Johnny Anderson, Chair of the Planning and Zoning Commission, told Council that the issue was the "build -to line." He said the Shell family, who owns the land south of that property, approves of the C-3 zoning. Eason asked and Polasek said with no site pian review as is required with a C-1 zoning, there would be no way to determine how the property would be used, and the developer could do anything allowed within C-3. There were further questions and comments from the Council. Carls clarified that this item is a Century Plan Amendment which requires five votes. Polasek said if the Century Plan item is approved, then the rezoning could be handled. There was further discussion. Motion by Snell, second by Eason to deny both the Intensity Level Change and the Land Use Change. Approved 4-3. (Smith, Sansing, Carr opposed) 2. Public Hearing to consider Rezoning 3.10 acres out of the Porter Survey from RS, Residential Single -Family to C3, General Commercial, located at 1502 Williams Drive -- Bobby Ray, AICP, Acting Director or Planning and Development Ray explained that because Item FF -1 was denied, there will be no public hearing to rezone. 3. First Reading of an Ordinance Rezoning 3.10 acres out of the Porter Survey from RS, Residential Single -Family to C3, General Commercial, located at 1502 Williams Drive -- Bobby Ray, AICP, Acting Director or Planning and Development Ray explained that because Item FF -1 was denied, there is no need for an ordinance. 4. Public Hearing to Consider a Rezoning of a 0.1148 acre portion of Lost Addition, Block 64 from RS, Residential Single Family district to C-2, Downtown Commercial district or OF, Office district, located at 212 W. 10th Street -- Bobby Ray, AICP, Acting Director or Planning and Development Staff Historic District Planner, Rebecca Rowe, explained the item, saying the Planning and Zoning Commission moved to deny C-2 Downtown Commercial and to approve OF Office District. The public hearing was opened at 9:10 p.m. Speaker, Will Moore, noted that the Planning and Zoning Commission denied C-2, unanimously, but recommended Office District by a vote of 6-1. He said he was the dissenting vote. He said he thinks the property should remain residential. He said in the past 18 months, seven different residences have been converted to office or commercial. He said as they are converted, the adjacent properties request conversion. Speaker, J. J. Clark, property owner of 1009 Rock Street, said he remodeled that property from a "slum shack" and he said the Downtown Plan shows that side of Rock Street is planned to be C-2. He said he is surrounded by a chicken restaurant, a tile shop, a muffler shop, and a bank. He said passing as C-2 would further develop what is there right now. Speaker, Brenda Baxter, said she is interested in selling her property for a dress shop and encourages C-2. Speaker, Johnny Anderson, Chair of the Planning and Zoning Commission, said there were actually two separate votes by the Planning and Zoning Commission. He said the OF was determined as a good buffer. Speaker, Kevin Stotz, owner of the property in question, showed Council a slide presentation, showing the way it looks currently and explained what he has in mind for the location. Sharon Clark, told Council she owns the property behind the chicken store and asked for C-2. Ken Johnson, 1003 Rock Street, told Council he has lived for 15 years on the other side of Rock Street City Council Meeting Minutes/July 26, 2005 Page 8 of 9 Pages from the property in question. He said he thinks C-2 would be a goon idea. The Public Hearing was closed at 9:26 p.m. 5. First Reading of an Ordinance Rezoning a 0.1148 acre portion of Lost Addition, Block 64 from RS, Residential Single Family district to C-2, Downtown Commercial district or OF, Office district, located at 212 W, 10th Street -- Bobby Ray, AICP, Acting Director or Planning and Development Rebecca Rowe read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Carr to amend the ordinance to change from RS to C-2 zoning. He said he thinks there will be more of these issues to come forward to Council. Yantis noted that it was intended that this property be included in the Downtown Overlay, saying with C-2 zoning, residential is allowed. He said with office zoning, residential would not be allowed. Eason asked and Stolz responded that C-2 allows the flexibility for office as well as shops. Snell said he agrees with Moore that the property should remain residential. Smith clarified that the motion will require five votes because it is different from the vote of the Planning and Zoning Commission. There were further questions and comments from the Council. Yantis clarified the uses of the Downtown Overlay and C-2 zoning. Vote on the motion: Approved 5-2 (Snell and Kirby opposed) 9:45 p.m. -- recessed to Executive Session 10:00 p.m. -- returned to Open Session Z Items forwarded from the Georgeown Transportation Enhancement Corporation (GTEC) 1. Consideration and possible action regarding a resolution approving an amendment to the 2004/05 Georgetown Transportation Enhancement Corporation budget in the amount of $2,158,525 -- Micki Rundell, Director of Finance and Administration Approved : Brandenburg explained the item, and listed the projects involved in the amendment. Motion by Snell, second by Carr to approve the amendment to the budget. Motion by Kirby, second by Snell to amend the motion and strike Park Central Boulevard. Kirby said it is a substandard road that doesn't meet City specifications. He said he thinks the developer should be responsible to upgrade the road in exchange for the increased value of his property once the road is improved. He listed two previous road projects that he said should have been funded by developers. Brandenburg said the GTEC discussed that the improvement of roads supports jobs. There were further comments from Council. Carr said he has seen the road and agrees that the road is in bad shape and some of the business owners on that road are not interested in staying due to the condition of the road. He said repairing the road would help to retain businesses and jobs for the citizens of Georgetown. Snell said the road was not built to the City's standard and the City would spend too much to improve it. Vote on the amendment: Denied 4-3. (Eason, Smith, Sansing, Carr opposed) Motion by Snell, second by Oliver to amend that the budget amendment concerning 500 S. Austin Avenue and Park Central Boulevard be contingent upon an economic development agreement. He said there needs to be assurance that there are benefits to the City in return for the expenditure of the funds. There was discussion in agreement with the motion. Vote on the amendment: Approved 7-0. Vote on the original motion as amended: Approved 7-0. The meeting was adjourned at 10:21 PM. City Council Meeting Minutes/July 26, 2005 Page 9 of 9 Pages Attest: Secretary Sandra