HomeMy WebLinkAboutMIN 06.28.2005 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
Gary Nelon presiding.
Council j Council Absent:
uncil Present°
Patty Eason, Gabe Sansing, Henry Carr, Farley Doug Smith, John Kirby
Snell, Ben Oliver II
Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City
Manager for Utility Operations; Dennis Schoenborn, Information Technology Director; Robert Hernandez,
Police Captain; Shelly Hargrove, Tourism Director and Main Street Coordinator; Eric Lashley, Library
Director; Ed Polasek, Chief Long -Range Planner; Anthony Lincoln, Fire Chief; Micki Rundell, Director of
Finance and Administration; Melissa McCollum, Development Planner; Bobby Ray, Interim Director of
Planning and Development; Carla Benton, Development Planner; Glenn Dishong, Water Services
Manager; Keith Hutchinson, Public Information Officer
A Sec.551.071: Consultation with Attorney
- Pending or Threatened Litigation
- Legal Advice Regarding Agenda Items and other Matters
- Discussion of legal issues related to expansion of city limits and
extraterritorial jurisdiction
- Discussion and possible action regarding contested case hearing on City
of Leander's requests to amend CCN Nos. 10302 and 20626 (Application
Nos. 34789-C and 34790-C); SOAH Docket No. 582-05-7095; TCEQ Docket No.
2005-0864-UCR
B Sec.551.072 Deliberation Regarding Real Property
- Discussion and possible action regarding proposed Highway 29 / Rivery connector road
C Call to Order
Mayor Nelon called the meeting to order at 6:00 p.m.
D Pledge of Allegiance
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 procedures.
- Review of new procedure for addressing the City Council
Mayor Nelon reviewed the new procedure which allows one person to address the Council no more than
three times per calendar quarter without permission from the Mayor or a Councilmember.
- Mayor Nelon recognized and welcomed Boy Scout, Micah Stevens.
F Announcements and Comments from City Manager
Brandenburg made the following announcements:
City Council Meeting Minutes/June 28, 2005
Page 1 of 9 Pages
- The City of Georgetow,. offices that will be closed on Monday, July 4, 20vj in observance of the
Independence Day Holiday include City Hall, the Georgetown Municipal Complex (including the Utility Billing
Office), the Library, Municipal Court, Parks Administrative Offices, the Recreation Center, and the Tennis
Center. The Convention and Visitors' Center will also be closed.
- All City Pools will be open normal hours on July 4th.
- Trash will be collected for City of Georgetown customers on Monday, July 4th. Trash should be placed at
the curb by 7 a.m. for pickup since collection routes and times may vary from normal. If you have any
questions about trash pickup, please call Texas Disposal Systems at 930-1715.
- The Sertoma 4th of July Celebration will take place at San Gabriel Park on Monday, July 4th. Please
come and enjoy this annual event that includes arts and craft booths, kids' activities, food, and a great
fireworks display to top off the evening.
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 Sansing, second by Carr that the City Council retain the legal services of Richard Hamala with
Tiemann, Shahady and Hamala to represent the City in the contested case hearing involving the City of
Leander's water and wastewater Certificate of Convenience and Necessity (CCN) applications. Approved
5-0. (Kirby and Smith absent)
I Consideration and possible action to approve the minutes of the Council Workshop on Monday, June 13,
and the regular Council Meeting on Tuesday, June 14, 2005 -- Sandra D. Lee, City Secretary
J Consideration of and possible action on the selection of the Red Poppy Coffee Company as the vendor to
operate the coffee shop in the new library, and direction to staff to negotiate a lease with the vendor --
Eric Lashley, Library Director and Randy Morrow, Director of Community Services
K Consideration and possible action to authorize the Mayor to execute an Amendment to the Microfusion
Airport Land Lease at 302 Wright Brothers Drive, extending the Mandatory Construction Deadline to
December 31, 2005 -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager
L Consideration and
possible
action to
authorize staff to offer T -Hangar F-6 to the Civil Air Patrol, Apollo
Squadron, rent free
-- Travis
McLain,
Airport Manager and Tom Yantis, Assistant City Manager
M Consideration of and possible action on permitting Planning and Development to apply for a grant of
approximately $18,500 from the Texas Preservation Trust Fund Grants through the Texas Historical
Commission -- Rebecca Rowe, Historic Development Planner and Bobby Ray, Interim Director of Planning
and Development
N Consideration of and possible action on permitting Planning and Development to apply for a grant of
approximately $8,000 from Federal Certified Local Government Grants through the Texas Historical
Commission -- Rebecca Rowe, Historic Development Planner and Bobby Ray, Interim Director of Planning
and Development
O Consideration and possible action on a Resolution authorizing the Mayor to execute a Quit Claim Deed
abandoning a five-foot (5') Public Utility Easement (PUE) on each side of the common property line
between Lots 236 and 237, Block D of Cimarron Hills PUD, Phase 2, Section 2, located at 602 and 604
Cimarron Hills Trail West -- Jim Babcock, Development Technician and Bobby Ray, Interim Director of
Planning and Development
Motion by Eason, second by Oliver to approve the Consent Agenda in its entirety. Approved 5-0. (Kirby and Smith
absent)
P Announcement of receipt of the Information Technology Excellence Award from the Texas Association
of Information Technology Managers (TAGITM) for the Voice over IP Telephone project. award to the City of
Georgetown Information Technology (IT) Department -- Dennis Schoenborn, Information Technology
Director and Tom Yantis, Assistant City Manager
Schoenborn announced that the City of Georgetown Information Technology Department has won the
Excellence Award for the new Voice Over IP Phone System. He introduced Karen Skipworth, Collin County
IT Director and Vice President of TAGITM, who presented the award to the City of Georgetown IT
Department. She noted that the Georgetown IT Department was one of three departments out of 20
applicants statewide to receive the award.
City Council Meeting Minutes/June 28, 2005
Page 2 of 9 Pages
At this time, Mayor Nelon asked for the following item to be brought forward.
HH Consideration and possible action to approve an application for the continuation of the Victim Coordinator
and Liaison Grant (VCLG) through the Office of the Attorney General for the position of Victim Services
Coordinator -- David Morgan, Police Chief
Hernandez presented the item. He corrected a mistake on the agenda item cover sheet in the item
summary, saying this will be a one-year grant, not a two-year grant, and the benefits will be provided by the
City. Motion by Eason, second by Sansing to approve the grant. Approved 5-0. (Kirby and Smith absent)
O Presentation of a kiosk from Lucas Adams for the Georgetown Visitors Center -- Shelly Hargrove, Main
Street Coordinator and Tourism Director; and Randy Morrow, Director of Community Services
Hargrove noted that an interactive kiosk containing the Visitors Guide will be located in the Visitors Center
and possibly at other locations in the future. She said a percentage of the advertising sales for the kiosk
will come back to the Convention and Visitors' Bureau. Lucas Adams demonstrated the touch screen on
the kiosk, and with a slide presentation showed the Council how the kiosk works to promote shopping,
dining, lodging, recreation activities, current events, etc.
R Consideration and possible action to approve the members of the Subcommittees of the Main Street
Advisory Board -- Shelly Hargrove, Main Street Coordinator and Tourism Director; and Randy Morrow,
Director of Community Services
Hargrove explained the item. Motion by Snell, second by Eason to approve. Approved 5-0. (Kirby and
Smith absent)
S Consideration and possible action to amend the by-laws of the Library Advisory Board -- Eric Lashley,
Library Director and Randy Morrow, Director of Community Services
Lashley explained the requested corrections to the bylaws. Motion by Snell, second by Carr to approve the
amendment to the Library By-laws. Approved 5-0. (Kirby and Smith absent)
T Consideration and possible action to authorize staff to enter into a reimbursement agreement with Sam L.
Pfiester for expenses up to $10,000 for professional services provided by Rick Chellman, P.E., for the
design of pedestrian circulation and streetscape elements for Austin Ave. between the San Gabriel River
and 6th St. -- Tom Yantis, Assistant City Manager
Yantis explained the item. He noted that the design of streetscape elements is outside the Texas
Department of Transportation (TXDOT) provisions because TXDOT can only pay for street maintenance.
Yantis said the developers along Austin Avenue realized that to make this work in conjunction with the
TXDOT construction, it was necessary to go ahead and contract with Chellman, so Sam Pfiester funded the
contract, and therefore, the City will need to reimburse Pfiester.
Speaker, Renee Hanson, spoke for the fourth time in this calendar quarter with advance permission from
Mayor Nelon. She told Council that the study is needed now because developers are planning their
projects, need to know how to participate in the overall plan, and have agreed to contribute funding to the
project.
Oliver asked for information about what kind of construction TXDOT will do. Yantis explained TXDOT will do
the design work to replace the pavement and repair broken sidewalks and broken curbs and gutters. He
said, in order to conform with the Downtown Master Plan, there are changes needed that TXDOT's design
does not include. He said Chellman would coordinate the individual projects. Oliver suggested making an
addendum to the contract to make sure that the City Manager or Assistant City Manager is the supervisor of
the activities of the consultant. Snell asked about the funding source, and Yantis noted that Council had
authorized $20,000 for a Master Treescape Design for the Downtown Overlay, saying $14,000 had been
used for the Main Street Rehabilitation Project from 9th to University, leaving $6,000 that could be put
toward this payment along with an additional $4,000 from Council Contingency.
Motion by Snell, second by Oliver to reimburse Pfiester, up to $10,000, for work done by Rick Chellman,
P.E. in accordance with the following five elements, as listed on the agenda item cover sheet:
1.) All work product delivered by Mr. Chellman will the property of the City of Georgetown;
2.) A detailed scope of work consistent with the summary scope of services as outlined in the letter to
Tom Yantis from Sam Pfiester is to be included in the agreement;
3.) A project schedule satisfactory to the City will be included in the agreement;
4.) Mr. Chellman will coordinate this work with TXDOT's plans for the Austin Ave. maintenance project;
and
5.) Mr. Chellman will ensure his design is consistent with the City's adopted Downtown Master Plan and
City Council Meeting Minutes/June 28, 2005
Page 3 of 9 Pages
the Design Guide,,, les for the Downtown Overlay District;
and that $6,000 shall come from money set aside for the downtown masterplan and $4,000 shall come from
Council Contingency with a friendly amendment that the City assumes oversight of this consultant's work.
Approved 4-1. (Carr opposed) (Kirby and Smith absent)
U Discussion and possible direction to staff regarding the proposed public parking lot at 400 S. Austin Ave.
-- Tom Yantis, Assistant City Manager
Yantis explained that Council had authorized purchasing Block 23 from the County, which is a former
Draeger property on the west side of Austin Avenue between 4th and 5th Streets, to be used for public
parking. He said that the developers of projects in the vicinity of this lot would like a commitment from the
City that they will have the certainty of ample public parking on that property, for a period of time in the
future.
Speaker, Renee Hanson, spoke for the fifth time in this quarter with advance permission from Mayor Nelon,
regarding the need for 100 parking spaces for 30 years on the property that the City is planning to purchase
from the County. She said the developers of three of the former Draeger blocks, in order to do adequate
planning, satisfy their lenders, and secure retailers to lease their spaces, want a guarantee of adequate
parking. She said guaranteeing 100 public parking spaces would not preclude the City from developing
Block 23, but would ensure that 100 parking spaces would be available somewhere on that block.
Motion by Snell, second by Oliver that staff be authorized to negotiate development agreements on
properties in the Downtown Overlay District, to include a provision that the City will furnish a minimum of
one hundred free public access parking spaces on Block 23, City of Georgetown, if acquired by the City, for
a period of thirty years, commencing October 1, 2005; and that during that period, should the City develop,
participate in developing, or sell the property, the parking spaces will be provided on that site.
Snell said he was actually uneasy about this commitment, but because there is a need for parking
downtown in this quadrant, he has no problem guaranteeing, as it will encourage developers to come to
downtown. Oliver expressed concern about the 30 -year length of time. He said he would prefer that the
City provide 100 spaces on the lot, unless the City finds a different use for this property in the future, then
the spaces should be provided somewhere within the area. He said he would suggest two "friendly"
amendments to the motion, one to change the time period from 30 years to 20 years, and the other to
provide parking at this location or provide equivalent parking spaces within 600 feet of Block 23. Carr
questioned the term "free" in Snell's motion. Snell agreed to remove the word "free" from his motion. Carr
noted that the location is near County offices, and asked how to make sure that the 100 spaces are
available for the businesses since the County employees might park there all day. Sansing said he thought
there should be a caviat that would allow the City, in the future, to charge for the parking, if necessary.
Nelon spoke in favor of Snell's original motion.
Snell and Oliver agreed that the word "free" should be removed.
Motion by Oliver, second by Eason to amend that if the City, in the future, finds some other use for the lot,
that is not compatible with parking, that the City will provide 100 parking spaces within 600 feet of the block.
Snell suggested that the spaces be provided on that site or at a location within 600 feet. There was further
discussion.
Vote on the amendment: Amendment failed 3-2. (Sansing, Snell, Carr opposed) (Kirby and Smith
absent)
Motion by Oliver, second by Eason to amend to change 30 years to 20 years. Approved 4-1. (Sansing
opposed) (Kirby and Smith absent)
Vote on original motion as amended: 5-0. (Kirby and Smith absent)
Minutes Note: The final action on this item is as follows: Staff is authorized to negotiate development
agreements on properties in the Downtown Overlay District, to include a provision that the City will furnish a
minimum of one hundred (100) public access parking spaces on Block 23, City of Georgetown, if acquired
by the City, for a period of twenty years, commencing October 1, 2005; and that during that period, should
the City develop, participate in developing, or sell the property, the parking spaces will be provided on that
site.
In regards to the next item, Mayor Nelon explained that because two members of the Council were absent from this
meeting, there would be discussion, but formal action would be delayed until the next meeting.
V Consideration and possible action to approve a resolution prioritizing areas for possible annexation,
soliciting voluntary annexation, initiating exempted annexations, and initiating the municipal annexation plan
process consistent with Chapter 43 of the Texas Local Government Code -- Edward G. Polasek, Chief Long
Range Planner and Tom Yantis, Assistant City Manager
City Council Meeting Minutes/June 28, 2005
Page 4 of 9 Pages
Polasek explained that Council approved the voluntary annexation policy on April 26, 2005, that included a
map and I asked that staff review that map. He noted that all the high-priority areas on that map have been
reviewed and the map at this meeting shows 43 potential areas for annexation. He said Chapter 43 of the
Texas Local Government Code establishes the process by which a city may annex, using one of the
following three options: (1) voluntary petition for annexation (as with Sun City and Georgetown Village
through development agreements); (2) unilaterally -planned or involuntary annexations following the
Municipal Annexation Plan (for large -lot subdivisions, where you have a subdivision of greater than 100 lots,
with three years to negotiate the service plan and deadlines throughout the three-year process, saying
Crystal Knoll Subdivision is the only area on the map that qualifies for this type of annexation); and (3)
unilateral or involuntary annexations that are exempted from the plan process, (large lots of less than 100
units, using the same timing calendar of two public hearings, separated by 20 and 40 days from the first
reading of the ordinance and a mailed notice 30 days prior to the first reading.) He explained the deadlines
pertinent to the calendar. He said if the Council wished to follow the July through September timeframe, a
decision would need to be made at this meeting in order to get the mailed notices to the property owners by
July 11. He said the mailed notice is the big difference between the voluntary and involuntary process,
saying everything else follows the same guidelines. Snell asked about exemption from the annexation plan
category, and Polasek said the area could be annexed without a three-year plan if the the development
provided the City with a voluntary petition for annexation or if it is an area of less than 100 residential units
on 100 lots.
Polasek said staff is asking Council to approve the resolution, including all areas that they wish to annex
and removing those areas they do not want to annex, and to determine if they want staff to proceed with
letters to the property owners regarding voluntary annexation. He also asked if the Council wants the staff
to start the unilateral involuntary process for any of the rights of way and whether to initiate the letters
asking for voluntary annexation participation in the Crystal Knoll Subdivision or start negotiations on the
three-year planning process for annexation.
Polasek said there is no restriction on how much the City can annex voluntarily. He said with involuntary
annexation, the City is limited to 10% each year since 1999, unless the City has been banking the 10%
each year, for a total of 30% of the area of the City on January 1 of that year. He said on January 1, 20057
the City's total acreage was 16,822 acres, so 10% of that, or bank 30% which would be 5,034 acres that the
City could annex this year. He pointed out four areas that the Council cannot annex: (1) Area #24,
IH35/CR116 infill area, under the Kelley Trust Agreement; (2) Area #5, Southwest Bypass: Weir Charitable
Trust property, covered by the Southwest Industrial District Agreement which allows no annexation until
2010, unless amended; (3) Area 31 b, Gary Ranch/Parkland Agreement, not currently in ETJ, but can be
annexed once the parkland is deeded over to the City.; (4) Area 31 a, Escalera Development Agreement
Area, saying when the plat comes to the City, annexation can be initiated with the platting process, with
some platted areas that already need to be picked up by the City, but the total acreage could not be done at
this time.
There were questions and comments from Council. Polasek said if the Council determines to wait and take
action at the next Council meeting, the rules dictate that the City would use the October through December
calendar timeframe, but that would still allow the Council to obtain 5000 square feet- acres* of annexation
this year. He noted that this would necessitate a Council Meeting on December 27 for the second reading
of the ordinance. He said it is expected that the City will receive some petitions for voluntary annexation,
but the problem would be making those areas contiguous. He said the City cannot annex state highways or
the county roads unless they are dedicated to the City. He explained the difficulty of police jurisdiction
issues on Williams Drive, unless adjacent properties to rights of way are annexed. There were further
questions and comments from the Council. (*as corrected by Councilmember Oliver at the July 12, 2005
Council Meeting.)
Council action was delayed until the next Council Meeting in order for all councilmembers to be present.
W Consideration and possible action to direct staff to solicit voluntary inclusion in the City's extraterritorial
jurisdiction -- Edward G. Polasek, Chief Long Range Planner and Tom Yantis, Assistant City Manger
With a slide presentation showing the map that was provided in the Council agenda packet, Polasek
explained the sections of the areas outside the city limits. He noted that if the Council approves this item,
letters would be mailed quickly to the property owners in the designated areas asking for their voluntary
inclusion into the City's extraterritorial jurisdiction.
Snell said he feels the City should stop their control at Parmer Lane. He said he is not interested in
acquiring map sections E and F. Polasek noted that because there is no other city in that area to help
shape the growth on that side of Parmer, it would be important to acquire control for the development in that
area.
Motion by Sansing, second by Carr to send letters to property owners in A, B, C, and D, (not E and F).
City Council Meeting Minutes/June 28, 2005
Page 5 of 9 Pages
Oliver asked if letters
would be sent to property
owners that had
already signed with Liberty Hill.
Brandenburg said the
letter would be sent to all
property owners
in order allow the property owners to
decide. Vote on the
motion: Approved 5-0.
(Kirby and Smith
absent)
X Consideration and possible action to approve a contract with Williamson County in the amount of
$60,000.00 to provide rural fire protection services -- Anthony Lincoln, Fire Chief
Lincoln explained that this is the annual renewal of the contract with Williamson County. He said the
Emergency Service District (ESD) did pass in the May Election, but the first payment from the ESD would
not occur until January. Brandenburg noted that the City is sending 390 calls out to the County in exchange
for this $60,000, and noted that there will be no opportunity to receive a greater amount from the County for
this service. Motion by Sansing, second by Carr to approve. Approved 5-0. (Kirby and Smith absent)
Y Consideration and possible action on a resolution approving and adopting Articles of Amendment to the
Articles of Incorporation for the corporation created pursuant to Section 4B of the Development
Corporation Act of 1979, as amended (Article 5190.6 Vernon's Tex. Rev.Civ.Stan.Ann.) (the "Act'), and the
May 5, 2001 Election; changing the name and address of the registered agent for the corporation; and
authorizing the filing of the Articles of Amendment of the Articles of Incorporation with the Secretary of State
-- Micki Rundell, Director of Finance and Administration
Carts explained the purpose of the item. Motion by Carr, second by Sansing to approve the adoption of the
Articles of Amendment. Approved 5-0. (Kirby and Smith absent)
Z Consideration and possible action on a Special Use Permit to permit the construction of a monopole cell
tower at Cash Pawn Subdivision, located at 516 Leander Road -- Melissa McCollum, Development
Planner and Bobby Ray, Interim Director of Planning and Development
McCollum explained that cell phone towers are required to obtain a special use permit from the Planning
and Zoning Commission and City Council. She said the applicant must meet fall -zone boundaries. She
said the staff recommended denial at the Planning and Zoning Commission, but the Planning and Zoning
Commission approved the special use permit by a vote of 4-3, feeling that the safety issues from staff were
not applicable.
Speaker, Johnny Anderson, Chair of the Planning and Zoning Commission, spoke for the majority vote at
the Planning and Zoning Commission, even though he voted in the minority, to explain the reason for
approval of the permit. He said the applicant provided pictures showing that this type of tower withstood
tornado winds in Oklahoma. He said the applicant agreed to pay for putting the electrical wires
underground if they can get permission from the railroad company who owns the property where the lines
would need to go. He said the safety record for this type of tower is good.
Brock Bailey, representing Verizon Wireless, with an additional three minutes ceded from Vincent
Huebinger of Verizon Wireless, addressed the Council and displayed with an overhead presentation, the
reasons why the permit for the cell phone tower should be allowed, in spite of the safety issue concerns
from the staff.
There were questions from the Council. Motion by Snell, second by Sansing to approve the special use
permit with the condition that the tower be engineered to 90 mph winds. Approved 5-O. (Kirby and Smith
absent)
7:54 p.m. -- recess
8:03 p.m. resumed
AA Consideration and possible action on a Preliminary Plat of a Replat of the W.D. Ischy Subdivision, Lots 2
and 3, located at 4909 Williams Drive -- Carla Benton, Development Planner and Bobby Ray, Interim
Director of Planning and Development
Benton explained the item, saying that it had been previously platted under a conveyance plat which
requires that it be permitted again when they are ready to develop. She said the developer is meeting the
requirements, and the Planning and Zoning Commission recommended approval. Motion by Oliver,
second by Carr to approve the preliminary plat. Approved 5-0. (Kirby and Smith absent)
BB Consideration of a resolution granting a petition and setting public hearing dates for the annexation into
the City for 20.71 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 29 and
White Wing Golf Course, for Sun City Neighborhood 21 -- Edward G. Polasek, AICP, Chief Long Range
Planner and Bobby Ray, AICP Interim Director
Polasek explained the item and noted that this is the far northwestern part of Sun City, abutting the Cowan
City Council Meeting Minutes/June 28, 2005
Page 6 of 9 Pages
Springs property. Motio„ oy Carr, second by Sansing to approve the resowtion. Approved 5-0. (Kirby
and Smith absent)
CC Consideration of a resolution granting a petition and setting public hearing dates for the annexation into
the City for 102.38 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 30 and
White Wing Golf Course, for Sun City Neighborhoods 31 and 32 -- Edward G. Polasek, AICP, Chief Long
Range Planner and Bobby Ray, AICP Interim Director
Polasek
said this is
the
most northern portion of the
Sun City Development. Motion by Carr, second by
Sansing
to approve
the
resolution. Approved 5-0.
(Kirby and Smith absent)
DD Items forwarded from the Georgeown Utility System (GUS) Advisory Board
1. Consideration and possible action to award the bid for construction of the Dove Springs Wastewater
Treatment Plant Expansion to CSA, Inc. of Houston, Texas, and to approve a project budget of
$31922,600.00 -- Glenn Dishong, Water Services Manager, and Jim Briggs, Assistant City Manager for
Utility Operations
Dishong explained the item, saying there were seven bidders and the GUS Board approved the award
of bid to CSA, Inc. Motion by Sansing, second by Carr to approve. Approved 5-0. (Kirby and Smith
absent)
2. Consideration and possible action to approve the Water Services Agreement between the City of
Georgetown, the Highlands at Mayfield Ranch, Ltd, and Highlands at Mayfield Ranch Municipal Utility
District -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities
Dishong explained the item, saying it will be a 1250 -unit residential development outside the City's
extraterritorial jurisdiction, but inside the City's water service territory. He explained that the developer
has chosen to use a Municipal Utility District to finance the utility infrastructure and under the terms of
the agreement, the District will receive retail water service from the City, at the out -of -city rate, with all
water infrastructure to be owned and operated by the City. Motion by Eason, second by Sansing to
approve the Water Services Agreement. Approved 5-0. (Kirby and Smith absent)
1. Second reading of an ordinance adding Chapter 2.110 Arts and Culture Board to Title 2
Administration of the City of Georgetown Code of Ordinances; establishing purpose, apointments,
policies, powers and duties -- Eric Lashley, Library Director and Randy Morrow, Director of Community
Services
Lashley read only the caption of the ordinance on second reading. He noted that the language that
had been suggested by Paul Gaffney of Southwestern University at the last meeting has been
included, that wording being: "The Board will seek to improve communication and organization of the
activities in the arts community of Georgetown." Motion by Sansing, second by Oliver to approve
Ordinance 2005-37. Approved 5-0. (Kirby and Smith absent)
Mayor Nelon recused himself for the next item and left the dais.
Motion by Snell, second by Carr to appoint Councilmember Gabe Sansiing as a temporary Mayor Pro Tem
to conduct this item in the absence of Mayor Pro Tem Doug Smith. Approved 5-0. (Kirby and Smith
absent)
2. Second reading of an Ordinance to consider amending Section 5, of Ordinance 2004-79 related to the
Conditional approval of the Cowan Springs Comprehensive Plan Amendment to change the
deadline specified therein from June 30, 2005 to a date not later than December 31, 2005 -- Edward G.
Polasek, Chief Long Range Planner and Bobby Ray, Interim Director of Planning and Development
Polasek explained the item requesting that the deadline be extended to December 31, 2005, and
Brandenburg told Council that there will be a workshop with Cowan Springs with an action item specific
to that item on the July 12th Council Agenda. Polasek read only the caption of the ordinance on
second reading. Oliver asked for and received clarification for splitting the intensity levels. Polasek
said the intensity levels are "traveling" with the land use plan. Motion by Oliver, second by Eason to
approve Ordinance 2005-38. Approved 5-0. (Kirby and Smith absent)
Mayor Nelon returned to the dais and conducted the remainder of the meeting.
3. Second reading of an Ordinance for a Comprehensive Plan Amendment to change the Intensity
Level from Level 1 to Level 4 for 185 acres in the Woodruff Stubblefield Survey, to be known as
Mankins Springs, located south of State Highway 29 and east of County Road 102 -- Edward G.
Polasek, AICP, Chief Long Range Planner and Bobby Ray, AICP Interim Director of Planning and
City Council Meeting Minutes/June 28, 2005
Page 7 of 9 Pages
Development
Polasek explained that the ordinance has been amended after the last council meeting, specifying that
intensity level is limited to the land use category consistant with that land use plan. Polasek read only
the caption of the ordinance on second reading.
Motion by Sansing, second by Carr to approve Ordinance 2005-39. Approved 5-0. (Kirby and
Smith absent)
FF Public Hearings/First Readings
1. Public Hearing to consider a Rezoning of 6.07 acres in the John Berry Survey from RS, Residential
Single -Family to MH, Manufactured Housing to be known as Chisholm Park, Section One, Phase
One, located on County Road 152 -- Bobby Ray, Interim Director of Planning and Development
Ray explained the item, saying the property has had several different zoning districts since it was
annexed into the City in 1999. He said the property still remains vacant and is currently zoned as
residential single-family. He said the staff is supportive of the request for rezoning, and the Planning
and Zoning Commission approved the rezoning by a vote of 6-1. The Public Hearing was opened at
8:20 p.m.
Speaker, Tracey Shaw, said she spoke to Council six years ago requesting that the single-family
residential family zoning be continued, and said she is making that request again. She said property
values, stability, and growth of neighborhoods are important goals and there has been an elementary
school and two community churches built in that area now. She said she feels that manufactured
housing for lease will not support stability of neighborhoods. She asked Council to consider the goals.
Speaker, Don Tardy, Agent for LOM Services, Inc., asked that the request to rezone be approved. He
said there was a study conducted in March regarding multi -family homes and the ones in this area
were occupied at a 98.5% level. He said manufactured housing would provide more affordable
housing and said the infrastructure is already in place to support that.
The Public Hearing was closed at 8:25 p.m.
2. First Reading of an Ordinance Rezoning 6.07 acres in the John Berry Survey from RS, Residential
Single -Family to MH, Manufactured Housing to be known as Chisholm Park, Section One, Phase
One, located on County Road 152 -- Bobby Ray, Interim Director of Planning and Development
Ray read only the caption of the ordinance after having satisifed the requirements of the City Charter.
There were questions and comments from the Council. Carr said because the neighborhoods on three
sides are zoned for single-family, he feels a responsibility to protect the property values of the people
who currently reside within the City's extraterritorial jurisdiction. Motion by Carr, second by Sansing to
reject the change. There were further questions and comments from the Council. Rezoning was
rejected 5-0. (Kirby and Smith absent)
3. First 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 Interim Director
Polasek explained the item, saying the property is located south of Leander and west of IH35 behind
the existing subdivisions and behind Inner Space Caverns. He noted that the property owners are
doing advance planning as to how to develop the reuse of the quarry, knowing the quarry activities will
cease in the next three to five years. He demonstrated the locations of the proposed commercial
nodes near the Southwest Bypass. He said staff is recommending approval of this Century Plan
Amendment because of the consistency with the overall transportation plan and consistency with the
development of the Weir tract to the north. He said the development includes approximately 65 acres
of trails and parks and the mixed use allows PUD zoning specific to IH35 frontage. The ordinance ties
the future land use square footages and units to specific land uses, limited by the applicants' proposal
for total use of the property. He 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 approve the Comprehensive Plan Amendment on first reading.
Approved 5-0. (Kirby and Smith absent)
4. First reading of an ordinance amending Title 2 of the Code of Ordinances entitled "Administration" to
City Council Meeting Minutes/June 28, 2005
Page 8 of 9 Pages
establish the Geotb.,town Transportation Advisory Board -- Jim b, ggs, Assistant City Manager for
Utility Operations and Paul Brandenburg, City Manager
Brandenburg read only the caption of the ordinance after having satisfied the requirements of the City
Charter. He noted there may still need to be some modification and clarification regarding the number
of councilmembers on the board. He expressed concern about the wording on whether the member of
the Georgetown Transportation Enhancement Corporation (GTEC) Board is to be a councilmember or
a citizen. He suggested that the wording of the ordinance state that one of the two councilmembers on
the Transportation Advisory Board (TAB) be a member of the GTEC Board. He said he feels there
should be a representative from the Planning and Zoning Commission on this advisory board, with the
other four positions to be decided by the selection committee.
Motion by Carr, second by Oliver to approve the ordinance on first reading. Motion by Snell, second
by Oliver to amend that the word "preferably" be inserted before the word "shall' in Item B. Approved
5-0. (Kirby and Smith absent)
Motion by Snell, second by Oliver to amend that there be two councilmembers, a member of GTEC,
preferably the Chair, and a member of the Planning and Zoning Commission, preferably the Chair, and
the other at -large members chosen by the Council Selection Subcommittee. Approved 5-0. (Kirby
and Smith absent)
Eason expressed that she felt that at the last meeting she thought Council had determined that the
other entities were not to be members of the board, but instead, used as technical advisors. There was
further discussion and concurrence with this issue. Briggs was consulted and agreed that there may
be a lot of the people who work for the organizations such as CAMPO, CTRMA, CARTS, TXDOT,
GISD, Southwestern, etc. who live in Georgetown or the extraterritorial jurisdiction and might be
interested in serving on this board.
Motion by Snell, second by Sansing to amend the ordinance at the second sentence under Item B
under 2.113.010 Created -- Membership to read: "The remaining three members shall be citizens
appointed under the provisions of the Charter and ordinances of the City." Approved 5-0. (Kirby and
Smith absent)
Vote on original motion as amended: Approved 5-0. (Kirby and Smith absent)
Minutes
Note: According to
the above two
amendments to the wording of the ordinance in Paragraph
B under
2.113.010 Created
-- Membership,
the paragraph would read as follows:
B. The Board will consist of seven (7) members, two of which shall be members of the City Council.
One member shall be from the Georgetown Transportation Enhancement Corporation, preferably the
Chair, and one member of the Planning and Zoning Commission, preferably the Chair. The remaining
three members shall be citizens appointed under the provisions of the Charter and ordinances of the
City. All members shall reside in the city limits or the extraterritorial jurisdiction of the City.
GG Consideration and possible action to appoint Sissy Lego Pederson to the Library Advisory Board to a
vacant position that will expire February, 2007; and to appoint Kent Buikema to a position on the Parks and
Recreation Advisory Board that will expire in February, 2007; and to appoint Bob Mathis to a position on
the Parks and Recreation Advisory Board that will expire in February, 2006 -- Mayor Gary Nelon
Nelon explained the item. Motion by Sansing, second by Carr to approve the appointments. Approved
5-0. (Kirby and Smith absent)
HH Consideration and possible action to approve an application for the continuation of the Victim Coordinator
and Liaison Grant (VCLG) through the Office of the Attorney General for the position of Victim Services
Coordinator -- David Morgan, Police Chief
This item was handled at the beginning of the meeting.
The meeting was adjourned at 09:00 PM.
App/pved;-� Attest:
AV} p
Mayor ary Neon City Secretary Sandra Lee
City Council Meeting Minutes/June 28, 2005
Page 9 of 9 Pages
Agenda Item No. is:L
STATE OF TEXAS )
} CONFLICT OF INTEREST AFFIDAVIT
COUNTY OF WILLIAMSON f )
I, " L V L a A,� reside at �7 6 v.1/ 4ve .
I I
am a member of the f p- i $_ (City Council or name of City board,
committee or commission)of the City of Georgetown, and I hereby make this affidavit and on my oath state the following:
"I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or
Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as
defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances)
and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is
identified and described on the above -referenced agenda item.
"I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable).
A "Substantial Interest"
I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or
shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity.
I or a person related to me in the first or second degree have an ownership of $15,000 or more of the fair market
value of the business entity.
I or a person related to me in the first or second degree received funds from the business entity in excess of 10%
of my/his/her gross income for the previous year.
I or a person related to me in
the first or second
degree have
an equitable
or legal
ownership or interest in real
property with a fair market
value of $2,500 or
more.
B. "Economic Interest"
I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of
Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property
or contractual right in such property that is more than minimal or insignificant and would be recognized by
reasonable persons to have weight in deciding a case or an issue.
C. "0 her"
For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other
reason) J S -r i' iei45 !x✓ e cl� P,�e.;�,j,4re rs- iCaP? T//i 5
"Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation,
discussion and voting involving the matter identified in the above -referenced agen04 item whatsoever.
Further, Affiant sayeth not."
Affiant's
Printed IN
1-,
BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that
the facts hereinabove stated are true to the best of his/her knowledge or belief.
SWORN$In �i�T1� SIiRSIRi n_(hPfnrA., p_ this "tea day of lwat ' 2006.7
Y a44P3;.o.;1!6 �,SANDRA ,.
NotW " , State of Texas
My '"9;oil E.xOress
JANUARY 3, 2006
"sFiaf}k»*
Notary Public in and for the State of Texas
County of Williamson
THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING. IF AFFIANT HAS CHECKED ANY OF THE ITEMS UNDER
SECTION "A" RELATING TO "SUBSTANTIAL INTEREST," A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARY FOR
THE CITY OF GEORGETOWN.
Conflict of Interest Affidavit
Rev. 8/25/2004