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HomeMy WebLinkAboutMIN 04.26.2005 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. Doug Smith, Mayor Pro Tem, Patty Eason, Farley Snell, Gabe Sansing, John Kirby, Ben Oliver, Henry Carr Staff Present. Paul E. Brandenburg, City Manager, Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Shirley J. Rinn, Deputy City Secretary; Keith Hutchinson, Public Information Officer; Bobby Ray, Interim Director of Community Development and Chief Planner; Eric Lashley, Library Director, Ed Polasek, Chief Long -Range Planner; David Munk, Development Engineer; Melissa McCollum, Development Planner; Glenn Dishong, Water Services Manager; Mark Miller, Transportation Services Manager, Mike Mayben, Energy Services Manager, Laurie Brewer, Controller, Randy Morrow, Community Services Director, Terry Jones, Purchasing Director, TravisMcLain, Airport Manager, Carla Benton, Development Planner, David Morgan, Police Chief, Cherie Vasquez, Administrative Assistant, Evelyn McLain, Police Officer, Jack Lacy, Police Officer, David Munk, Development Engineer A Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - Legal Advice Regarding Agenda Items and other Matters B Sec.551.072 Deliberation on Real Property - Discussion and possible action concerning the purchase of right of way and easements for improvements to SH29 C Sec.551.086 Public Power Utility Competitive Matters - Council consideration and possible action to approve a negotiated settlement with TXU for transition charges as related to SB7 D Sec.551.087: Deliberations Regarding Economic Development Negotiations - Discussion or deliberation regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City and with which the City is conducting economic development negotiations - Potential abatements and incentives for prospective downtown development projects Regular Session = To begin no earlier than 06.00 P (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) City Council Meeting Minutes/April 26, 2005 Page 1 of 12 Pages G Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon - Review of new procedure for addressing the City Council - Proclamation for Explorer Post 152 H Announcements and Comments from City Manager All City of Georgetown and Chisholm Trail Special Utility District water customers are requested to suspend all outside water use from 9 a.m. on Wednesday, April 27 until 7 a.m. on Friday, April 29 due to a scheduled repair on the intake pipe at the Lake Georgetown Water Treatment Plant. For additional information, contact Georgetown Utility Systems at (512) 930-3555 or Chisholm Trail at (254) 793-31039 and press 2. For more specific details about the repair, please refer to the City's website at www.georgetown.org. The City will hold elections for Mayor and the City Council seats for District 2 and District 6 on May 7, 2005. There is an item on the election ballot for a proposed 1/4 -cent sales tax. For more information about propositions related to the sales tax election, please refer to the City's website at www,georgetown.org. Because of the renovations to the Williamson County Courthouse, the Main early voting location has been moved to the Lobby of the City of Georgetown Municipal CourtlCouncil Chamber, 101 E. 7th Street, Georgetown, Texas, and the Branch early voting will take place at the GISD Administration Building located at 603 Lakeway Drive, Georgetown, Texas beginning on April 20th through May 3rd. Please contact the City Secretary at 930-3652 or refer to our website at www.georgetown.org for more information regarding specific times for early voting and Election Day Voting. A Community Grand Opening for the new Animal Shelter will be held on Saturday, April 30 from 11 a.m. to 1 p.m. Mayor Pro Tem Doug Smith and other City Council members will help to cut the ribbon on the new shelter at 11 a.m. Tours and entertainment will follow. There were no speakers J Action from Executive Session Motion by Smith, second by Kirby to approve the final Transition Charge Reimbursement Agreement with TXU Electric Delivery Company in settlement of PUC Docket No. 27891, and to authorize the Mayor to sign the relevant documents and take other acts as necessary to finalize the settlement for the City. Approved 7-0. Motion by Smith, second by Oliver to authorize the staff to move forward in preparing an agreement with the owners or developers of the property located at 500 South Austin Avenue consistent with the direction given by Council to staff in Executive Session last night, and to bring back a draft Agreement for Council's consideration and approval, Approved 7-0. Motion by Smith, second by Carr to authorize the staff to move forward in preparing an agreement with the owners or developers of the property located at 1102 South Austin Avenue consistent with the direction given by Council to staff in Executive Session last night, and to bring back a draft Agreement for Council's consideration and approval. Mayor Nelon recused himself from this item s • Statutory Consent Agenda K Consideration and possible action to approve the minutes of the Council Workshop on Monday, April 11, and the regular Council Meeting on Tuesday, April 12, 2005 -- Shirley J. Rinn, Deputy City Secretary and Sandra D. Lee, City Secretary L Consideration and possible action to terminate the Social Service Agreement with the Georgetown Area United Way for the Home Repair Program and approval of an Amended Social Service Agreement with the Caring Place to include the Home Repair Program -- Paul E: Brandenburg, City Manager Question to make sure that there would still be an accounting. Brandenburg M Consideration of and possible action to authorize the Mayor to execute a Lease Agreement with the U.S. Department of Transportation, FAA for the City property used to operate a Remote Transmitter / Receiver -Outlet (RTR-O) at the Georgetown Municipal Airport -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager City Council Meeting Minutes/April 26, 2005 Page 2 of 12 Pages N Consideration and possible action to amend a contract between the City of Georgetown and Kasberg, Patrick and Associates, L.L.P. for professional services relating to Hacias Los Lobos in the amount of $22,500.00 -- Mark Miller, Transportation Services Manager 0 Consideration and possible action to approve of the payment to Williamson County for the City's portion of the annual maintenance and operation of the 800 Mhz radio system for fiscal year 04/05 in the amount of $32,542.57 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Motion by Snell, second by Eason to approve the Consent Agenda with a correction to the minutes in Item K. Approved 7-0. P Discussion and possible action regarding the City of Georgetown's Annexation Policy, including an overview of Annexation issues, a review of the Annexation Priority Map, the Annexation Matrix, the Annexation Cost Benefit Analysis/Economic Model, and a discussion on a Council Annexation Statement and Policy -- Paul E. Brandenburg, City Manager Brandenburg addressed the council regarding the workshop that was held regarding Annexation and went over the need for land use control and went over the priority areas on the proposed Annexation Map. Brandenburg told Council that staff would like direction regarding the Annexation Map and the areas that Council would like to see included in the priority areas. Motion by Snell, second by Eason to adopt the "Annexation Policy: Voluntary Annexation Process," as updated April 21, 2005, including Appendices A ("Annexation Priority Map"), B ("Annexation Matrix"), and C (the format for an "Impact Summary") Brandenburg clarified that this would approve the annexation policy and annexation process that staff has been working on for the past two years. He clarified that there will need to be a separate motion to add priority areas to the annexation map. There was clarification that this includes the cost/benefit analysis. Approved 7-0. Motion by Snell, second Sansing to also request that staff prepare an Annexation Plan providing a list of areas to be unilaterally annexed, using the primarily green areas on the Annexation Priority Map, and with specific attention to transit oriented development properties associated with the commuter rail station and areas with potential for conservation subdivision development. Motion to Amend by Smith, second by Carr that the corridor from one (1) mile north of and including the junction at the intersection at State Highway 195, State Highway 130 and IH -35 and south along the State Highway 130 corridor to the City of Georgetown's current ETJ boundary be included in the green areas on the Annexation Map. There was a clarification that these requests would include some of the red areas on the current map and that staff would prepare a plan based on these requests and then let Council know what the limitations to annexation would be for those requests, including ETJ issues, utility and infrastructure limitations, and police and fire. Further discussion regarding the differences between the processes for voluntary and involuntary annexations. W.:. Motion to Amend by Smith, second by Carr to bring in Gary Ranch and Escalara by some means, either by a strip down the river corridor or down the Leander Road corridor to bring that western area into the City Limits. Approved 7-0. Motion to Amend by Smith, second by Carr to include all of Williams Drive, such that we don't have the condition that part of Williams Drive is in the City and part of it is in the County. Clarification that some parts of Serenada could be included by 1,000 feet, which is the minimum. Approved 7-0. Motion to Amend by Kirby, second by Sansing to include areas where utility infrastructure is already place to tracts that run primarily around the airport that front the frontage road on IH -35. Approved 7-0. City Council Meeting Minutes/April 26, 2005 Page 3 of 12 Pages Motion to Amend by Ca,., second by Kirby to include the area in the High..4 195 corridor from IH -35 northwest to the limits of the City's present ETJ. Approved 7-0. Motion to Amend by Smith, second by Carr to include that area along Highway 29 west from the McClester tract to the Shadow Canyon Subdivision. Approved 7-0. Discussion whether or not all rural areas are prime choices for conservation subdivision and a clarification that staff would have wide latitude to look at it all and make recommendations not only as to conservation subdivision, but also regular subdivisions based on the land types. Council clarified that it is just giving staff some parameters to look at, but that staff is not limited to them. Snell asked to insert the word "primarily" green areas in original motion, Sansing agreed. There was also a clarification that the rural properties being discussed were large unsubdivided tracts. Motion to Amend by Carr, second by Oliver to include areas along IH -35 south of town up the Southwest Bypass corridor to Hwy 29. Discussion regarding the long-term strategic importance of this area and the importance of having it in the City's planning window for possible economic development. Approved 6-1 (Smith opposed). Clarification that staff has the authorization to look at exceptions as well. Further discussion regarding conservation subdivision. Q Consideration and possible action regarding a Resolution of intent to participate in a tax abatement for Tumco Tool & Instrument, Inc. — Mark Thomas, Economic Development Director and Paul Brandenburg, City Manager Rundell addressed the Council and described the type of business Turnco Tool operates and read the caption of the Resolution. Motion by Carr, second by Smith to approve a Resolution of intent to participate in a tax abatement for Turnco Tool & Instrument, Inc. Approved 7-0. R Consideration and possible action regarding a resolution regarding requirements for recognition of financial donations to the City of Georgetown Public Library -- Eric Lashley, Library Director and Randy Morrow, Director of Community Services Lashley described the item to Council. He told Council that he was also representing the Friends of the Library and Library Foundation and described some possible ways to recognize large donors for contributions. He said that one of the recognition methods would be to name the building after a large benefactor, which would be a new territory for the City. He said that the closest City Policy would be the one it has for naming of parks after people. Further discussion regarding the use of public funds to build the building and the ramifications of naming a building after one individual even though public funds were also used to build it. Further discussion regarding the use of hard figures in the Resolution and whether that would bind everything to the specific terms in the Resolution. Additional discussion regarding the importance to set levels for donors and having the ability to bring an item to Council for further deliberation if there were additional difficulty with regard to a donation, or opportunity to negotiate the terms of a donation. The Council also had further discussion as to whether it would want to leave the option open to name the Library after an individual and more discussion regarding the use of the public funds being used to build the building. The Council also discussed the possibility of including wording in the Resolution that would require the naming of items having Council approval. Discussion regarding the concepts used in naming parks. Motion by Snell, second by Eason to remove Distinguished Benefactor line from Resolution. Additional discussion regarding the possibility of qualifying the $5,000,000 level of gift as being acceptable if it were used toward the retirement of the debt. Additional discussion regarding the use of a large gift for any other use other than building the building, such as purchasing land. Motion Falls 5-2. (Carr, Oliver, Smith, Kirby, Sansing opposed) City Council Meeting Minutes/April 26, 2005 Page 4 of 12 Pages Motion by Snell, second ...,by that the level of gift of $5,000,000, which wu_.J bean appropriate gift to the naming of the Library, be used for the retirement of that portion of the bond. Approved 4-3 (Smith, Oliver, Carr opposed) Discussion regarding the process for making decisions regarding acceptance of donations. Motion by Kirby, second by Sansing to approve a Resolution regarding requirements for recognition of financial donations to the City of Georgetown Public Library, as amended. Approved 7-0. S Consideration and possible action to authorize the Mayor to appoint a committee to review the City's current impact fee structure and recommend to Council a revised structure -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Jim Briggs addressed the council and explained the need to appoint this committee to review the City's current impact fee structure. Motion by Carr, second by Smith to appoint a committee comprised of the current Georgetown Utility Systems Advisory Board members who are not current Council Members, and including Mr. Marion Jones, an ETJ citizen at large, to review the City's current Impact fee structure and recommend to Council a revised structure. Approved 7-0. T Consideration and possible action on a Public Review Final Plat for 31.31 acres in the Joseph Fish, Leroy B. Lord, and William Roberts Surveys to be known as the Georgetown Village Planned Unit Development, Section Six, located along Village Commons Boulevard -- Carla Benton, Development Planner and Bobby Ray, Interim Director of Planning and Development Benton explained the item to the Council and told Council that this is the third this item has come back to Council Motion by Kirby, second by Smith to approve a Public Review Final Plat for 31.31 acres in the Joseph Fish, Leroy B. Lord, and William Roberts Surveys to be known as the Georgetown Village Planned Unit Development, Section Six, located along Village Commons Boulevard. Approved 7-01 U Consideration and possible action on a Vacation of the Replat of Cimarron Hills, P.U.D., Phase 3, Section 1, located on Cimarron Hills Trail West -- Carla Benton, Development Planner and Bobby Ray, Interim Director of Planning and Development Benton explained the item to Council and told them that the Planning & Zoning Commission recommended the vacation. Motion by Sansing, second by Smith to approve the vacation of the Replat of Cimarron Hills, P.U.D., Phase 3, Section 1, located on Cimarron Hills Trail West. Approved 7-0. V Consideration and possible action on a Public Review Final Plat for 6.690 acres in the Fredrick Foy Survey to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -Eight, located along Dove Hollow Trail -- Melissa McCollum, Development Planner and Bobby Ray, Interim Director of Planning and Development McCallum explained the item to Council and told them that the Planning & Zoning Commission recommended approval. Motion by Carr, second by Sansing to approve a Public Review Final Plat for 6.690 acres in the Fredrick Foy Survey to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -Eight, located along Dove Hollow Trail. Approved 7-0. W Consideration and possible action on a Public Review Final Plat for 26.365 acres in the Fredrick Foy Survey, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -Nine, located on Armstrong Drive -- Melissa McCallum, Development Planner and Bobby Ray, Interim Director of Planning and Development McCollum explained the item to Council and told them that the Planning & Zoning Commission recommended approval. Motion by Carr, second by Smith to approve a Public Review Final Plat for 26.365 acres in the Fredrick Foy City Council Meeting Minutes/April 26, 2005 Page 5 of 12 Pages Survey, to be known as s. , Planned Unit Development of Sun City Georgk m, Neighborhood Twenty -Nine, located on Armstrong Drive. Approved 7-0. X Consideration and possible action on a Public Review Final Plat for 45.399 acres in the Fredrick Foy Survey, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhoods Twenty -Two and Twenty -Three, located off Sun City Boulevard north of Armstrong Drive -- Melissa McCollum, Development Planner and Bobby Ray, Interim Director of Planning and Development McCollum explained the item to Council and told them that the Planning & Zoning Commission recommended approval. Motion by Carr, second by Smith to approve a Public Review Final Plat for 45.399 acres in the Fredrick Foy Survey, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhoods Twenty -Two and Twenty -Three, located off Sun City Boulevard north of Armstrong Drive. Approved 7-0. Y Consideration and possible action on a Preliminary Plat for 77.919 acres in the William Roberts Survey to be known as Reserve at Berry Creek, Sections 2, 31 4, and 5, located along Shinnecock Hills Drive and Logan Road -- Melissa McCollum, Development Planner and Bobby Ray, Interim Director of Planning and Development The Mayor recused himself from this item and left the dais. McCollum explained the item to Council and told them that is confident that the UDC requirements have been met and that staff is recommending approval. Discussion regarding whether or not this item should be deferred to give the Applicant the opportunity to work out something that would be acceptable to the neighborhood regarding the configuration and placement of the park. Councilmember Kirby provided a presentation to the Council regarding this item. Motion by Kirby, second by Carr to defer this item for two weeks A representative of the Developer addressed the Council regarding the Preliminary Plat and explained why the developer felt the configuration of the park was beneficial to the public interest and that approval was recommended by the Parks and Recreation Advisory Board, the Planning and Zoning Commission and staff. Discussion regarding the trees on the acreage and the underground utilities in the easement next to the parkland. Additional discussion regarding the construction traffic and how it enters into the area. The Developer indicated that they would work out an agreement as to the construction traffic. There was additional discussion regarding guarantees regarding restrictions encroachment of private owners to parks and vice versa. Motion Fails. 6-1. (Sansing, Carr, Oliver, Snell, Smith, Eason apposed)one else opposed) Motion by Sansing, second by Carr to approve the park as part of this plat. Motion to Amend by Smith, second by Snell to make the construction entrance through the back of Berry Creek. Approved 7-0 Smith Called the Question on original motion. I -. Recessed at 7:30 pm. Reconvened at 7:40pm Z Consideration and possible action on a Preliminary Plat for 31.10 acres out of the Nicholas Porter Survey to be known as Dedicated Investments Subdivision Number 1, located on Northwest Boulevard --Melissa McCollum, Development Planner and Bobby Ray, Interim Director of Planning and Development McCollum explained the item to Council and told them that staff and the Planning & Zoning Commission both recommended approval. Discussion regarding maintenance of these types of developments. City Council Meeting Minutes/April 26, 2005 Page 6 of 12 Pages Motion by Smith, secom.. y Snell to approve a Preliminary Plat for 31,10't.. as out of the Nicholas Porter Survey to be known as Dedicated Investments Subdivision Number 1, located on Northwest Boulevard, Approved 4-3. (Carr, Sansing, Kirby opposed) There was a request from Council to see actual votes from Advisory Boards on the Coversheets. 1. Second Reading of an ordinance Rezoning 6.690 acres in the Fredrick Foy Survey from AG, Agriculture District to PUD, Planned Unit Development District to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -Eight, located along Dove Hollow Trail -- Melissa McCollum, Development Planner and Bobby Ray, Interim Director of Planning and Development. McCollum explained the item and read only the caption on second reading. Motion by Carr, second by Smith to approve Ordinance 2005-21. Approved 7-0. 2. Second Reading of an ordinance Rezoning 26.365 acres in the Fredrick Foy Survey from AG, Agriculture District to PUD, Planned Unit Development District, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Twenty -Nine, located on Armstrong Drive -- Melissa McCollum, Development Planner and Bobby Ray, Interim Director of Planning and Development. McCollum explained the item and read only the caption on second reading. Motion by Carr, second by Sansing to approve Ordinance 2005-22. Approved 7-0. 3. Second Reading of an ordinance Rezoning 45.399 acres in the Fredrick Foy Survey from AG, Agriculture District to PUD, Planned Unit Development District, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhoods Twenty -Two and Twenty -Three, located off Sun City Boulevard north of Armstrong Drive -- Melissa McCollum, Development Planner and Bobby Ray, Interim Director of Planning and Development. McCollum explained the item and read only the caption on second reading. Motion by Carr, second by Kirby to approve Ordinance 2005-23, Approved 7-0, 4. Second reading of an ordinance annexing into the City for 45.399 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 16, for Sun City Neighborhoods 22 and 23 — Ed Polasek, Chief Long Range Planner and Bobby Ray, Interim Director of Planning and Development Polasek explained the item and read only the caption on second reading. Motion by Sansing, second by Smith to approve Ordinance 2005-24, Approved 7-0. 5. Second reading of an ordinance annexing into the City for 6.69 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 16-A, for Sun City Neighborhood 28 — Ed Polasek, Chief Long Range Planner and Bobby Ray, Interim Director of Planning and Development Polasek explained the item and read only the caption on second reading. Motion by Smith, second by Sansing to approve Ordinance 2005-25. Approved 7-0. 6. Second reading of an ordinance annexing into the City for 26.365 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 20, for Sun City Neighborhood 29 — Ed Polasek, Chief Long Range Planner and Bobby Ray, Interim Director of Planning and Development Polasek explained the item and read only the caption on second reading. Motion by Kirby, second by Carr to approve Ordinance 2005-26. Approved 7-0. 7. Second reading of an ordinance annexing into the City for 31.88 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 23 and White Wing Golf Course, for Sun City Neighborhoods 30 — Ed Polasek, Chief Long Range Planner and Bobby Ray, Interim Director of Planning and Development Polasek explained the item and read only the caption on second reading. Motion by Carr, second by Smith o approve Ordinance 2005-27, Approved 7-0. City Council Meeting Minutes/April 26, 2005 Page 7 of 12 Pages 1. First and only reading of an Ordinance Authorizing the Issuance of City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2005; Authorizing the Levy of an Ad Valorem Tax and the Pledge of Certain Revenues in Support of the Certificates; Approving an Official Statement, a Paying Agent/Registrar Agreement, and Other Agreements Related to the Sale and Issuance of the Certificates; and Authorizing Other Matters Related to the Issuance of the Certificates -- Micki Rundell, Director of Finance and Administration Rundell introduced Gary Kimball to Council who gave a presentation to Council. He went over highlights of the City's Financial Pricing Summary. He also told Council that if debt was going to be issued for infrastructure, the market currently has a very attractive interest rate to do so. He told the Council that the Bond Rating Agencies had very positive things to say about the City's financial situation and that we will probably be looking at an upgrade in the future. He told the Council that the agencies are looking for a little more depth to commercial and retail areas, but that the City's current financial management is already in the AA category. Rundell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Carr to approve Ordinance No. 2005-29 on first reading. Approved 7-0. 2. First and only reading of an Ordinance Authorizing City of Georgetown, Texas Utility System Revenue Bonds, Series 2005; Authorizing the Pledge of Certain Revenues in Support of the Bonds; Approving and Authorizing an Official Statement, a Paying Agent/Registrar Agreement and Other Agreements Related to the Issuance and Sale of the Bonds; and Authorizing Other Matters Related to the Issuance of the Bonds -- Micki Rundell, Director of Finance and Administration Rundell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Kirby , second by Oliver to approve Ordinance No. 2005-30 on first reading. Approved 7-0. 3. First and only reading of an Ordinance Authorizing the Issuance of City of Georgetown, Texas General Obligation and Refunding Bonds, Series 2005; Levying an Ad Valorem Tax in Support of the Bonds; Approving a Paying Agent/Registrar Agreement, an Official Statement, a Purchase Agreement and an Escrow Agreement; Calling Certain Obligations for Redemption; and Authorizing Other Matters Relating to the Bonds -- Micki Rundell, Director of Finance and Administration Rundell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Eason to approve Ordinance No. 2005-31 on first reading. Approved 7-0. 4. First Reading of an Ordinance on a Comprehensive Plan Amendment to change the Future Land Use from Commercial and Industrial to Residential allowing multi -family use and to change the Intensity Level from Level 3 to Level 4, for 7.53 acres known as City of Georgetown, Division A, Outlots 8, 10, and 11 to be known as the San Gabriel Senior Village, located at 1900, 1906, and 1910 Leander Street — Ed Polasek, Chief Long Range Planner and Bobby Ray, Interim Director of Planning and Development. Polasek explained the item to Council. This is one of the properties that has applied for Community Development tax credits. He also told Council that the City has applied for a Community Block Grant for some infrastructure improvements. He told Council that staff is recommending approval of this ordinance. Council inquired as to whether the applicant's ability to do this project was contingent on getting the funding. The applicant, Colby Dennison, told the Council that moving forward with this project is * contingent on approval of the funding. Listen to tape. *As corrected at 6-14-2005 Council Meeting. Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve the ordinance on first reading. Approved 7-0. 5. Public Hearing and possible action on a Rezoning from C-1, Local Commercial and IN, Industrial districts to MF, Multifamily district for 7.53 acres known as City of Georgetown, Division A, Outlots 8, 10, and 11, to be known as the San Gabriel Senior Village, located at 1900, 1906, and 1910 Leander Street -- Bobby Ray, Interim Director of Planning and Development Ray explained the item. Staff is supportive of the request. P&Z unanimously approved, The Public Hearing was opened at 8:10 p.m. There were no comments. The Public Hearing was closed at 8:10 p.m. City Council Meeting Minutes/April 26, 2005 Page 8 of 12 Pages 8. Second reading of an ordinance annexing into the City for 31.31 acres, more of less, out of the Leroy B. Lord Survey, more particularly described as Georgetown Village Section Six — Ed Polasek, Chief Long Range Planner and Bobby Ray, Interim Director of Planning and Development Polasek explained the item and read only the caption on second reading. Motion by Smith, second by Carr to approve Ordinance 2005-28. Approved 7-0. Request from Council to not include all of the attachments on ordinances on the 2nd Readings in order to conserve on paper. 1. First and only reading of an Ordinance Authorizing the Issuance of City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2005; Authorizing the Levy of an Ad Valorem Tax and the Pledge of Certain Revenues in Support of the Certificates; Approving an Official Statement, a Paying Agent/Registrar Agreement, and Other Agreements Related to the Sale and Issuance of the Certificates; and Authorizing Other Matters Related to the Issuance of the Certificates -- Micki Rundell, Director of Finance and Administration Rundell introduced Gary Kimball to Council who gave a presentation to Council. He went over highlights of the City's Financial Pricing Summary. He also told Council that if debt was going to be issued for infrastructure, the market currently has a very attractive interest rate to do so. He told the Council that the Bond Rating Agencies had very positive things to say about the City's financial situation and that we will probably be looking at an upgrade in the future. He told the Council that the agencies are looking for a little more depth to commercial and retail areas, but that the City's current financial management is already in the AA category. Rundell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Carr to approve Ordinance No. 2005-29 on first reading. Approved 7-0. 2. First and only reading of an Ordinance Authorizing City of Georgetown, Texas Utility System Revenue Bonds, Series 2005; Authorizing the Pledge of Certain Revenues in Support of the Bonds; Approving and Authorizing an Official Statement, a Paying Agent/Registrar Agreement and Other Agreements Related to the Issuance and Sale of the Bonds; and Authorizing Other Matters Related to the Issuance of the Bonds -- Micki Rundell, Director of Finance and Administration Rundell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Kirby , second by Oliver to approve Ordinance No. 2005-30 on first reading. Approved 7-0. 3. First and only reading of an Ordinance Authorizing the Issuance of City of Georgetown, Texas General Obligation and Refunding Bonds, Series 2005; Levying an Ad Valorem Tax in Support of the Bonds; Approving a Paying Agent/Registrar Agreement, an Official Statement, a Purchase Agreement and an Escrow Agreement; Calling Certain Obligations for Redemption; and Authorizing Other Matters Relating to the Bonds -- Micki Rundell, Director of Finance and Administration Rundell read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Carr, second by Eason to approve Ordinance No. 2005-31 on first reading. Approved 7-0. 4. First Reading of an Ordinance on a Comprehensive Plan Amendment to change the Future Land Use from Commercial and Industrial to Residential allowing multi -family use and to change the Intensity Level from Level 3 to Level 4, for 7.53 acres known as City of Georgetown, Division A, Outlots 81 10, and 11 to be known as the San Gabriel Senior Village, located at 1900, 1906, and 1910 Leander Street — Ed Polasek, Chief Long Range Planner and Bobby Ray, Interim Director of Planning and Development. Polasek explained the item to Council. This is one of the properties that has applied for Community Development tax credits. He also told Council that the City has applied for a Community Block Grant for some infrastructure improvements. He told Council that staff is recommending approval of this ordinance. City Council Meeting Minutes/April 26, 2005 Page 8 of 12 Pages projectthis • on approval • of the funding. Listen to tape corrected, Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve the ordinance on first reading. Approved 7-0. 5. Public Hearing and possible action on a Rezoning from C-1, Local Commercial and IN, Industrial districts to MF, Multifamily district for 7.53 acres known as City of Georgetown, Division A, Outlots 8, 10, and 11, to be known as the San Gabriel Senior Village, located at 1900, 1906, and 1910 Leander Street -- Bobby Ray, Interim Director of Planning and Development Ray explained the item. Staff is supportive of the request. P&Z unanimously approved, The Public Hearing was opened at 8:10 p.m. There were no comments. The Public Hearing was closed at 8:10 p.m. 6. First Reading of an Ordinance Rezoning from C-1, Local Commercial and IN, Industrial districts to MF, Multifamily district for 7.53 acres known as City of Georgetown, Division A, Outlots 8, 10, and 11, to be known as the San Gabriel Senior Village, located at 1900, 1906, and 1910 Leander Street -- Bobby Ray, Interim Director of Planning and Development Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Snell, second by Carr to approve the ordinance on first reading. Approved 7-0. 7. Public Hearing on a Rezoning from C1, Local Commercial District to C3, General Commercial District for 4.827 acres out of HEB / Georgetown #2 Subdivision, Block A, Lot 1, located on Wildwood Drive (formerly Old Shell Road) east of Williams Drive -- Bobby Ray, Interim Director of Planning and Development Ray explained the item and told Council that staff was supportive of the rezoning request, but that the Planning and Zoning Commission voted to deny the rezoning request. Ray told Council that a Super Majority Vote is required by Council to approve this item. He told the Council that the Ordinance now includes design standards, which it previously did not have included. The Public Hearing was opened at 8:15 p.m. Johnny Anderson, Chairman of the Planning & Zoning Commission, addressed the Council and told them that the Planning and Zoning Commission voted against this request because they felt it was an inappropriate use of the C-1. They felt like a 3 -story self -storage facility was in appropriate. Said that he saw one of these "upscale" facilities in Houston and still feels it was inappropriate. There was further discussion that subsequent to the vote at Planning and Zoning Commission Meeting, the design and appearance of the building was not tied to the ordinance, but that now the Applicant has committed to a particular design. Mr. Anderson indicated that the primary objection to the zoning was the use in that location, not necessarily design. Steve Metcalf, representing the applicant gave a PowerPoint presentation regarding their plans to rezone to C-3, which is really only one additional use permit, which is the storage facility use. Applicant is agreeable to meeting the design standards. He also addressed temporary/convenient storage buildings in general and how they are generally unattractive. However, he said that it is a low activity use and not much traffic to disrupt the areas around it. He told Council that this property will look different than self -storage has looked in the past. He told council that it is not a true 3 -story building. He also gave an overview of the landscaping that will be attached to the zoning ordinance. He told the Council that the only thing the public will see is the facade. He told Council that this facility is not going to be directly visible from Williams Drive and that there are other uses that will surround it, i.e. restaurants and office space. He also gave a detailed description of how the storage facility will be accessed and how it will look. He did indicate that the presentation he was showing to the Council was different than the one that the Planning and Zoning Commission saw. He also told the Council that to the extent the Applicant had any grandfathered zoning rights, they would waive them. He showed Council renderings of the project and told Council that the development will be built in accordance to the renderings. Public Hearing Closed 8:35pm. 8. First Reading of an Ordinance Rezoning from C1, Local Commercial District to C3, General Commercial District for 4.827 acres out of HEB / Georgetown #2 Subdivision, Block A, Lot 1, located on City Council Meeting Minutes/April 26, 2005 Page 9 of 12 Pages Wildwood Drive (fc Orly Old Shell Road) east of Williams Drive -- E_ ay Ray, Interim Director of Planning and Development Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Kirby, second by Carr to approve the ordinance on first reading. Discussion regarding concern about overriding the recommendation of the Planning and Zoning Commission. Additional discussion regarding multi -use and how the drawings help get a better idea of how it is going to look. 9. Public Hearing to Consider Amending the following Sections of the Unified Development Code (UDC): 1.14; Table 2.01.020; 2.02.010; 2.04.010; 3.08.050(J); 3.13(E); 3.16; 4.06.020(A); Table 5.01.020; 5.02.120; 5.02.140(B)(1)(C); 6.01.030(B); Table 6.03.020; 7.04.030(C)(1); 8.02.020; 8.05; Table 9.02.030(A); 9.02.060(E)(2); 10.03.020(B); 10.03.020(C); 10.03.020(x); 10.03.020(M); 10.06.030(C)(1); 10.06.040; 10.06.050; 11.02.020(A)(3); 11.03.050; 11.03.060(A); 11.03.060(B); 11.05.030(F); 12.02.020; 12.03.010; 12.04.020; 13.01; 13.05.010; 13.07; 16.04 AND 16.05 -- Bobby Ray, Interim Director of Planning and Development Ray explained the item. The Public Hearing was opened at 8:40p.m. There were no comments. The Planning and Zoning Commission recommended approval of all of the amendments as proposed with exception of Item #5 (UDC Section 3.08.050 (J)). Ronnie Rigden addressed the Council and told them that he hopes to be a future resident in Georgetown and that he is in favor of the Amendment of UDC Section 13.01.050 and that as it currently stands now it would be cost prohibitive for him to subdivide his property and build a home. Richard Cuts addressed the Council and wants to thank staff for including citizens in the process and that the Georgetown Heritage Society is supportive of the proposed change in Section 4.06.020, Renee Hanson addressed Council and told that she generally supports the amendments and especially downtown. She also says that she likes the current amendment process and appreciates the public process. The Public Hearing was closed at 8:43 p.m. 10. First Reading of an Ordinance Amending the following Section of the Unified Development Code (UDC): 1.14; Table 2.01.020; 2.02.010; 2.04.010; 3.08.050(J); 3.13(E); 3.16; 4.06,020(A); Table 5.01.020; 5.02.120; 5.02.140(B)(1)(C); 6.01.030(8); Table 6.03.020; 7.04.030(C)(1); 8.02.020; 8.05; Table 9.02.030(A); 9.02.060(E)(2); 10.03.020(8); 10.03.020(C); 10.03.020(x); 10.03.020(M); 10.06.030(C)(1); 10.06.040; 10.06.050; 11.02.020(A)(3); 11.03.050; 11.03.060(A); 11.03.060(B); 11.05.030(F); 12.02.020; 12.03.010; 12.04.020; 13.01; 13.05.010; 13.07; 16.04 AND 16.05 -- Bobby Ray, Interim Director of Planning and Development Ray read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Mayor proposed to that the Council treat the process of this item like a consent agenda, where by if there are concerns or questions about an amendment that they be pulled out for discussion. Items #5, #8, #39 were pulled for discussion. Council also has questions regarding #121 34, 37, 38 & 39. Discussion regarding Item # 12. Ray clarified that this amendment would allow a monument sign in addition to building signage and what it would look like. There was discussion regarding items #34, 37 & 38 as to whether or not these exemptions, if passed, would be automatically retroactive, or whether we would need take each one separately. Carls told the Council that you can't make an amendment retroactive and that if someone's final plat had already been approved then they couldn't go back. However, if they are still in the review process that there are state law provisions that will allow a developer to take advantage of newly adopted provisions in a code. There were discussions regarding two specific plats that are in the process and Carls indicated that staff could look at each of these cases on an individual basis and work with the applicants. City Council Meeting Minutes/April 26, 2005 Page 10 of 12 Pages There was discussion regarding parkland dedication and concerns about affordable housing with regard to Item #38. McCollum told Council that staff tried to be consistent with the parkland and sidewalks and that staff could look at each one on an individual basis with regard to the parkland requirements. Council discussed the reasons for pulling Item #5. The Planning and Zoning Commission recommended pulling it because staff recommended that it be pulled because there was confusion as to what the purpose of the amendment was and it appeared to be covered under other provisions. Ray said that it was on the list because it was one of the amendments that was mentioned to be placed on the list. Motion to Amend by Snell, second Carr to remove Item #5 from the Summary List [UDC Section 3.08.050 (J)]. Approved 7-0. Discussion regarding Item #8 [UDC Section 4.06.020 (A)] allowing an increase to 40 foot height restriction with HARC approval. Discussion whether or not we have really gained anything by sending it to HARC for approval and whether there would be a way to increase the height restriction to 45 feet. Staff clarified that buildings higher than 40 feet could be allowed, but that it would need HARC approval and meet certain criteria. Motion to Amend by Smith, second by Sansing that would allow for buildings in the Downtown Overlay District that do not face the square to exceed 40 feet if for every foot over 40 foot there would be an equivalent foot setback without HARC approval. Staff clarified that this proposal would be more restrictive than the current language and would replace the language that is currently listed. Additional clarification that in order for a building to go above 40 feet without the setbacks, it would need HARC approval, but if there were the equivalent setbacks, then HARC approval would not be needed for approval of the height of the building. Additional clarification that HARC would not be able to reject a design based on height, but that HARC approval would be needed for other components of the proposed designs. Further clarification that this would be for buildings that do not face the Courthouse. Motion Fails (Eason, Kirby, Snell, Oliver opposed) Detailed discussion that there is a need to clarify the procedural aspects of the language in 4.06.020 Downtown Overlay District Standards and the need for a "findings" list. Staff will bring back a language change at second reading to clarify the language. Clarification of the language in Section 4.06.020(A)(4), as well as the need to generate a list of specific buildings that are on the National Register. Discussion regarding Item #39 [UDC Section 13.07]. Staff told Council that this amendment was brought forward at the request of the County in response to the Interlocal Agreement with the Williamson County for the City to be the sole reviewer of plats in the ETJ under the UDC guidelines. He said the street lighting requirements were the only provision where a conflict was found, and that the County asked that staff bring this amendment before the Council for consideration as a compromise. Motion by Snell, second by Eason to approve an Ordinance Amending the following Section of the Unified Development Code (UDC): 1.14; Table 2.01.020; 2.02.010; 2.04.010; 3.08.050(J); 3.13(E); 3.16; 4.06.020(A); Table 5.01.020; 5.02.120; 5.02.140(B)(1)(C); 6.01.030(B); Table 6.03.020; 7.04.030(C)(1); 8.02.020; 8.05; Table 9.02.030(A); 9.02.060(E)(2); 10.03.020(B); 10.03.020(C); 10.03.020(x); 10.03.020(M); 10.06.030(C)(1); 10.06.040; 10.06.050; 11.02.020(A)(3); 11.03.050; 11.03.060(A); 11.03.060(B); 11.05.030(F); 12.02.020; 12.03.010; 12.04.020; 13.01; 13.05.010; 13.07; 16.04 AND 16.05 , as amended. Approved 7-0. CC Discussion and possible action regarding review of the City Council's current policy on Community/Social Service Funding and its current Funding Guidelines for Social Service Funding -- Farley Snell, Councilmember Discussion regarding the City's current Funding Guidelines and Snell's recommendations for new guidelines for the 2005-06 Budget Year Motion by Snell, second by Smith to change the Council's guidelines to the following: City Council Meeting Minutes/April 26, 2005 Page 11 of 12 Pages (1) If the amount avz, ie in the 2005-2006 budget for social services +ot greater than in 2004-2005, agencies that were funded in 2004-2005 and fulfilled the requirements of their grants may be funded for the same services and in the same amount for 2005-2006. (2) If the amount available in the 2005-2006 budget for social services is greater than in 2004-2005, grants to 2004-2005 recipients may be increased and awards to new applicants may be made based on direct services for physical needs, such as food, medical care, shelter, safety, and transportation. Discussion regarding whether or not the recommendation for the Funding Guidelines could be interpreted as an "entitlement". There was additional clarification that the Funding Guidelines are not part of the City Council's current Community/Social Service Funding Policy and that they are just working guidelines and that the Council isn't bound by them. Council clarified that the whole Council would have to approve the individual amounts awarded each budget year and that it wasn't a given that they would be awarded. Further discussion whether or not we need to restate our current policy and whether or not the guidelines needed to be in the actual policy. Approved 7-0. Motion to Adjourn by Kirby, second Carr. These minutes were compiled by Deputy City Secretary Shirley Rinn. The meeting was adjourned at 09:20 PM. City Council Meeting Minutes/April 26, 2005 Page 12 of 12 Pages Shirley Rinn, Deputy Meeting Date Y 12- Ve Agenda- m No. 3A.'4 �17�cd✓i &v_'— &9: 4Yice j 46 s ti rv4 STATE OF TEXAS } CONFLICT OF INTEREST AFFIDAVIT COUNTY OF WILLIAMSON } ,reside at `o® t3, am a member o the Ccs;.. f L -(Citjf Council or name of City board, committee or commission)o 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. ownership or interest in real property with 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. Co "¢then" �� ` For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason)rSs>`e5 ti2%�a: arc~ %fig 6c", "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 agenda item whatsoever. Further, Affiant sayeth not." Affiant's Printed N 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. pWDeryryp °; YP � SHIRLEY J. FlINN `' ' x My COMMISSION EXPIRES '+�4 ,gym gQ: May 26, 2005 f�� this b, day of Notai� ub,lie"in and County of Williamso it1"i11M of Texas 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 I, '' .� . am a member 6f the committee or commission Meering Date y 0_6 /05 Agent' ` '+em No. CONFLICT OF INTEREST AFFIDAVIT reside at 450 Vr° / XL JAe . (_ (City Council or name of City board, 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 of 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. "Other" For reasons other than those listed above, I have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason) e s M*°As- /S 74r "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 agencJ item whatsoever. Further, Affiant sayeth not." Affiant's Printed N Date: 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 TO AND SUBSCRIBED before me on this :t % day of 2005. € yJ. Flll�i ;car ,sg�„ EXPI T4tgr LP in a dor the State of Texas day 26, 2005 County of Willia son 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