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HomeMy WebLinkAboutMIN 02.08.2005 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present: Council Absent: Patty Eason, Farley Snell, Ben Oliver, Gabe 11 All Council Present Sansing, John Kirby, Doug Smith, Henry Carr Ij Paul E. Brandenburg, City Manager; Trish Carls, City Attorney; Shirley Rinn, Deputy City Secretary; Tom Yantis, Assistant City Manager;Jim Briggs, Assistant City Manager for Utility Operations; Micki Rundell, Director of Finance and Administration; Bobby Ray, Chief Development Planner; Shelly Hargrove, Main Street Manager and CVB Director; Terry Jones, Purchasing Director; Laurie Brewer, Controller; Mike Mayben, Energy Services Manager;Ed Polasek, Chief Long Range Planner; Melissa McCollum, Development Planner; Glenn Dishong, Water Services Manager WIMPYAWWATM "M A Sec.551.071: Consultation with Attorney Pending or Threatened Litigation Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline Legal Advice Regarding Agenda Items and other Matters B Sec.551.072 Deliberation on Real Property - Discussion and possible action regarding acquisition of property for downtown parking C Sec.551.086 Public Power Utility Competitive Matters - LCRA Excess Revenues D Sec.551.087: Deliberations Regarding Economic Development Negotiations - Potential abatements and incentives for prospective downtown development projects There was no Executive Session held at this meeting. Regular Session E Call to Order The meeting was called to order at 6:00 p.m. Pledge of Allegiance Mayor Nelon led the Pledge. G Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon - Announcement of new procedure for addressing the City council Mayor Nelon welcomed the audience and gave a brief outline of Council Meeting procedure. H Announcements and Comments from City Manager The City Manager read a statement regarding regarding US Flags. City Council Meeting Minutes/February 8, 2005 Page 1 of 9 Pages Public Wishing to Adde..6s Council As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. J Action from Executive Session Motion by Carr, second by Sansing that the City Council support the position taken by the Association of Wholesale Customers with regard to the use by LCRA of its above -budget net revenues as outlined in the draft memorandum presented to City Council last night. Approved 7-0 K Consideration and possible action to approve the Minutes of the Council Workshop on Monday, January 24, and the Council Meeting on Tuesday, January 25, 2005 -- Sandra Lee, City Secretary L Consideration and possible action to approve a trip to Washington D.C. for Mayor Nelon to participate with a delegation from Austin regarding future federal funding for transportation in the Central Texas region -- Mayor Gary Nelon M Consideration and possible action to award the bid for furnishing and cleaning of employee uniforms to G & K Services in the estimated annual amount of $32,492.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration N Consideration and possible action regarding the recommendation by the Main Street Advisory Board for the approval of a Fagade Fund Grant with a maximum allocation of $2000 in Historic Preservation/Red Poppy Festival Revenue Funds to downtown property owner, David Osmar -- Shelly Hargrove, Main Street Manager and Tourism Director and Randy Morrow, Director of Community Services O Consideration and possible action regarding the recommendation by the Convention and Visitors' Bureau Board for the approval of an allocation of $1150.00 in Hotel Occupancy Tax (HOT) funds to the Lone Star Model A Ford Club for promotion of the 42nd Annual Model A Ford Texas Tour, June 9-12, 2005 -- Shelly Hargrove, Main Street Manager and Tourism Director and Randy Morrow, Director of Community Services Snell confirmed that this group is the local chapter and that the annual event is going to be held in Georgetown . P Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended December 31, 2004 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Q Consideration and possible action to renew the contract, between the City of Georgetown and Infrared Technology Services, for Electric Utility System Infrared Inspection Services, in an amount not to exceed $20,000.00 -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistanct City Manager for Utility Operations. R Council consideration and approval for purchase of Electric Distribution Facilities from Pedernales Electric Cooperative in the amount of $29,575.04 to allow for a switchover for service for the Georgetown Country Club from PEC to GUS Electric -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations. Motion by Snell, second by Oliver to approve the Consent Agenda. Approved 7-0. rs L - • 11, i • - : • . S First Reading of an ordinance amending the Code of Ordinances pertaining to "Itinerant Merchants" to add a new Chapter 6.50 -- Paul Brandenburg, City Manager and Patricia E. Carls, City Attorney Brandenburg addressed the Council regarding the proposed Ordinance and read the caption. He described to them what types of merchants the ordinance identifies. He said that the ordinance didn't prohibit vendors, but instead regulates the vendors to operate in specific areas with permits. Speaker, Archie Thompson, addressed the Council regarding his property at the corner of IH35 and Williams Dive, which he has not been able to sell and told Council that he allows these vendors to set up on his property. He asked Council to allow his property to be exempted from this ordinance until his property sells. He said these vendors help him pay his taxes. He outlined the failed contracts to date regarding the property. He told the Council he is at the Council's mercy and asked if there was any way to exempt his property. He told Council that he does not ultimately want vendors to remain on this intersection. He currently allows vendors to rent it for $25 per day in order to help pay his taxes. He asked the Council to work with him. City Council Meeting Minutes/February 8, 2005 Page 2 of 9 Pages Sansing expressed cone. , n. He said, overall he agrees with the ordinance, nowever is concerned about special events in general and how they would be impacted by this ordinance. He is really concerned about the property at the intersection of Williams Drive and IH 35. Motion by Sansing, second by Kirby to approve on first reading an ordinance amending the Code of Ordinances pertaining to "Itinerant Merchants" to add a new Chapter 6.50, but to allow the owner of the corner of Williams and IH -35 to be exempted from the ordinance for a period of six months, at which time, if the property has not sold, allow the owner to request from the Council additional six-month exemptions for a period not to extend beyond 18 months, and that the fees required by this ordinance be waived in reference to this property as well. There was Council discussion regarding a way to address this particular concern without exempting one particular property and a general concern about controlling events on private property. There was additional discussion as to whether or not there was a way the City could allow this type of activity when the private owner is working with business, but work within the parameters of egress and ingress and other safety concerns. Motion to amend by Sansing, second by Kirby to approve the ordinance with exemptions granted to private properties as long the merchants do not encroach into the right-of-way and follow all of the rules with regard to safety as set forth by the City. There was additional Council discussion regarding a concern as to whether or not this language is too broad and that while private property should be recognized, there is an obligation by the City to be concerned about health and safety of the community. The Council went on to discuss whether or not the ordinance language could be left in place, but remove all references to private property, and also discussed whether licensing was a possibility. Brandenburg explained that right now these types of vendors are not permitted so there is currently no way for anyone to know if they have permission, whether from the City or the private owners, to be where they are or not and that the underlying theme for bringing this ordinance forward is public safety and health and safety. He also explained that City Government does regulate private property (i.e. zoning), and that in order for this ordinance to work, it has to incorporate public and private properties. He said that special events are taken care of under a different permitting process and this ordinance only addresses those vendors that come in on a seasonal or weekend basis. There was additional council discussion regarding the issue of certain segments of the city that contain private property that have been completely denied the ability to utilize this type of business. They discussed not having a problem with controlling or permitting this type of business on private property, but do have a problem with what appeared to be prohibition by "exclusion." Staff went on to discuss the criteria used for determining which sections of the City would be allowed to have this type of use. There was a clarification as to whether or not Itinerant Merchants could be located in C-3 or Industrial areas of the City. There was additional discussion as to whether the amended motion is too vague and confusing. Sansing clarified his amended motion. Further discussion regarding right -of way. Mayor called the question Amendment to the Original Motion Fails 4-3 (Oliver, Smith, Carr, Snell opposed) Motion by Smith, second by Oliver to approve the ordinance as presented by staff. Discussion regarding a way to pursue a distinction between a property that is actively being marketed and one that is just being used for this type of activity and whether language could be presented on second reading to address that issue with time frames. Motion to amend by Snell, second by Sansing to include an exception for properties being actively marketed. There was a clarification as to whether or not properties in C-3 or Industrial -zoned areas are impacted by this amendment. There was additional discussion regarding the zoning of the Chuckwagon site, which is C-1 and clarification on in which zones the ordinance would allow this type of use. There was further discussion regarding the term "actively marketed" and what that could mean,and that if the Council wants to make an exception, just make it as opposed to leaving the language in the ordinance so vague that it opens up many unknown future possibilities that could undermine the character of the community and all that it has done to strengthen its ability to manage its growth, including its zoning City Council Meeting Minutes/February 8, 2005 Page 3 of 9 Pages regulations and the posswlity of conservation management in the future. There was a clarification that this amendment is intended to allow the owner of a property who is actively marketing a property to be able to allow this type of use within some limits until the property is sold. Mayor called the question. Motion to Amend Fails. 4-3 (Smith, Carr, Kirby, Oliver opposed) Motion to Amend by Snell, second by Sansing to include a provision in the ordinance to allow for exceptions and a procedure to exercise those exceptions. Carls is to bring back language prior to second reading regarding an appeal process for exemptions to the ordinance. • TM -. c T Consideration and possible action to approve the appointment of new members and chair persons to the Council -appointed boards and commissions as well as appointment of members to replace vacancies for unexpired terms on certain boards and commissions -- Mayor Gary Nelon Mayor outlined the proposed appointments. Motion by Smith, second by Oliver to approve the appointment of new members and chair persons to the Council -appointed boards and commissions as well as appointment of members to replace vacancies for unexpired terms on certain boards and commissions as follows: Airport Board - (3 positions expiring) Reappoint: Chris Cagle, Tim Sullivan, Arnold Weider Reappoint: Mark Dietz as Chair Animal Shelter Advisory Board — (All 7 positions expiring) Reappoint: Ken Fin, Dawn Hitt-Wilken, Dr. Susan Hopper, Patty Eason Appoint: Lana Cagle, Shawn Gunnin, Leann Phenix Appoint: Shawn Gunnin as Chair Building Standards Commission - (3 Regular+ 1 Alternate expiring+ 1 vacant alternate position expiring in 2006) Reappoint: Richard Lenning & Edward Martin Reappoint and elevate Edward Baxter from Alternate to Regular Appoint: Riki Young as Alternate Appoint: Moises Berrun to fill vacancy of Alternate Position expiring in 2006 Reappoint: Richard Lenning as Chair Convention & Visitors Bureau — (5 positions to be filled, some specific credentials needed, if possible) Appoint: Randolph Lesseps, R. C. Lumpkin, Linda Rainsdon, Margie Ranc, Elizabeth Sensabaugh Reappoint: Kent Huntsman as Chair Economic Development Commission — (5 positions expiring) Reappoint: Tom Crawford, Lynne Dison, Conchita Gusman, Ralph Nayman Appoint: Keith Brainard Reappoint: Rick Smith as Chair Ethics Commission — (4 positions expiring) Reappoint: Katherine Burke, Michael Martin, Gerald Sensabaugh, Mary Steger (Chair elected by Commission) Georgetown Housing Authority — (4 positions expiring) Reappoint: Mary Amber Hardin, Bob Horick, Ann Lockhart Appoint: Richard Glasco (Chair elected by Commission) Georgetown Transportation Enhancement Corporation (GTECI — (4 positions expiring) Reappoint: Henry Boecker, Henry Carr, Ricki Salazar, Gabe Sansing (President elected by GTEC membership) City Council Meeting Minutes/February 8, 2005 Page 4 of 9 Pages Georgetown Utility Systetrn (GUS)— (4 positions expiring) Reappoint: Patty Eason, John Gavurnik, Jack Hunnicutt, Kendall Young Reappoint: Doug Smith as Chair Historic and Architectural Review Commission (HARC) — (6 positions expiring) Reappoint: Joseph Burke, Claire Easley, Karalei Nunn, Rick O'Donnell, John Treuhardt Elevate: Chris Damon to Regular Appoint: Linda McCalla as Alternate Reappoint: Joe Burke as Chair Library Advisory Board— (4 positions expiring) Reappoint: Judy Johnston, Nancy Varljen Appoint: Ruth Anne Mallory, Linda Nix Appoint: Judy Johnston as Chair Main Street Advisory Board — (3 positions expiring + 2 at -large positions added by Council Jan. 2005) Reappoint: Laura Eliel Appoint: Gordon Baker, Sara Jane Blankenship, Marsha Farney, Cindy Locke Reappoint: Bryant Boyd as Chair Parks & Recreation Board — (5 positions expiring) Reappoint: Van Chandler, Lilya Crystal, Ronald Doernbach, Mark Shepherd Appoint: Barbara Owens Appoint: Mark Ramsey as Chair Planning & Zoning Commission — (4 positions expiring) Reappoint: Johnny Anderson, Sarah Milburn, Brian Ortego, Don Padfield Reappoint: Johnny Anderson as Chair Zoning Board of Adjustments — (3 positions expiring) Appoint: Jim Jarvis, Ann Snell, Earl Watson Appoint: Danny Swafford as Chair The Mayor confirmed that Ann Snell will be appointed to a regular position and Jim Jarvis and Earl Watson will be appointed as alternates to the Zoning Board of Adjustments. It was also confirmed that Richard Vasquez and Don Popejoy will be moved to regular positions on the Zoning Board of Adjustments. Mayor also confirmed that Brian Ortego is being appointed as a regular member of the Planning & Zoning Commission. Motion by Smith, second by Oliver to approve the Mayor's recommendations for appointments. Motion to Amend by Sansing to appoint Rick O'Donnel as Chair of the HARC. Motion died for lack of a second. There was brief discussion regarding concern about the lack of appointments from District 5. There was further discussion regarding the overwhelming interest in the community to serve on the City's Boards and Commissions, and that the City received more applicants than there were positions to fill. Council asked that the City Secretary to put together a report for Council, in a pamphlet format, regarding the rules, policies and procedures appointing Board and Commission members and also regarding the policy on moving alternates up and/or replacing members on Boards and Commissions. U Consideration and possible action for approval of the purchase of a sewer cleaner truck w/video inspection system from the Houston -Galveston Area Council in the amount of $213,644.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Jones explained the item. Motion by Sansing, second by Oliver to approve of the purchase of a sewer cleaner truck w/video City Council Meeting Minutes/February 8, 2005 Page 5 of 9 Pages inspection system from aie Houston -Galveston Area Council in the amou„f of $213,644.00. Approved 7-0 V Discussion and possible action regarding the membership of the Affordable Housing Task Force - Tom Yantis, Assistant City Manager Tom Yantis described the item to Council. He said that he has received recommendations from Council Members and received additional inquiries from others within the community and that we now have more interested potential task force members than we have spots available. He suggested to Council that staff put together a very quick application and interview process to select the task force membership. The Mayor recommended that he, Doug Smith, Gabe Sansing and Patty Eason serve on a subcommittee to review the application process. Motion by Carr, second by Smith that a subcommitte including the Mayor, Doug Smith, Gabe Sansing, and Patty Eason be appointed to oversee the application and interview process for the Affordable Housing Task Force. Approved 7-0 W Discussion and possible action regarding the Home Repair Program sponsored by the United Way and funded through the City's fiscal year 2005 contracted community/social services program -- Janet McTigue, Executive Director, Georgetown Area United Way and Tom Yantis, Assistant City Manager Janet McTigue addressed the Council regarding the Home Repair Program. She said that many home repairs have been made and that Council had agreed to fund the program in the amount of $13,000. She told Council that there have been several roadblocks to this project , including weather, and that many Habitat laborers left to go to Florida because of the hurricanes. She told Council that Habitat has decided that it prefers not to be involved in the Home Repair Program anymore because it diverts them from their primary goal, which is building homes. She told Council that the Caring Place had initially put this together and was working with Habitat on the Program, and that the Caring Place would now take over primary responsibility for the Program, since Habitat was no longer involved. She said that since there was now only one agency involved there was no longer a need for the United Way to facilitate this program. She requested that the United Way be allowed to transfer the remainder of the funds to the Caring Place Rehab Program, and they be allowed to continue to operate this Program. McTigue told Council that the Caring Place would like the contract amended to allow them to continue this program. McTigue told Council that the current contract stipulates that the funds be used strictly for building supplies. However, the Caring Place would like the contract to be amended to include not only building supplies, but also a professional tradesman if needed. She went on to explain the reasons why this amendment was needed. Motion by Sansing, second by Eason to approve the United Way's request to transfer the funds on hand to the Caring Place, that all future funds that were allocated under the terms of the current Social Service Funding Contract be paid to the Caring Place, and that it be stipulated that the funds be used for building supplies and the occasional use of a licensed handyman. It was clarified that the City would receive a detailed report from the Caring Place as to the progress of the Program. McTigue also told the Council that it was very important to stretch dollars as far as possible. It was also mentioned that the Caring Place started this Program about 5 or 6 years ago, and now it has come back full circle. X Discussion and possible action to amend the Unified Development Code (UDC) to include a specimen tree preservation ordinance -- Gabe Sansing, District 2 Councilmember Sansing addressed the council about some trees that are being removed in a subdivision development and that he thinks that it is important that the City have a speciman tree preservation ordinance. He said that he would like to have staff make some recommendations regarding sizes of trees (caliper inches). Motion by Sansing, second Eason to direct staff to bring back for Council consideration an amendment to the Unified Development Code to include a specimen tree ordinance that includes a specification regarding the size of the trees to be preserved (in caliper inches). Pursuant to current Council Policy there was some discussion whether this item is an emergency and whether or not this was an item that could be placed on the regular cycle for amendments to the UDC. There was a discussion regarding the rapid development that is taking place, and that the community has many trees that it could potentially lose by waiting to address this issue. City Council Meeting Minutes/February 8, 2005 Page 6 of 9 Pages Motion by Snell, second ;,y Eason to declare this amendment an emergency. It was clarified that there is a provision in the UDC for replacement of specimen trees, but not the preservation of specimen trees. Further discussion regarding the current amendment for Sun process. Emergency status approved 6-1 (Smith opposed) Yantis asked for some clarification regarding the process and confirmed that this ordinance would apply to both residential and non-residential properties, and that it would apply to all of the species of trees that are on the current list of trees, and that staff would research the size of trees to be protected. He also told Council that logistically this type of survey would require a tree survey for every property that comes through the City's development process, or the City would take up that task on its own and commission an independent study to identify all trees within the community. Yantis clarified that this ordinance would be a prohibition from removal of certain trees of a certain size, with some exceptions. There was additional discussion regarding concern about absolute prohibition without exceptions. Y Discussion and possible action to amend the Unified Development Code sign requirements to increase the allowable amount of banner signs for automobile dealerships -- Gabe Sansing, District 2 Councilmember This item was pulled. Sansing indicated he would bring this item back. Z Consideration of a resolution granting a petition and setting public hearing dates for the annexation into the City of 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 Amelia Sondgeroth, Director of Planning and Development Polasek addressed the council regarding the annexation process and explained the item to Council. Motion by Snell, second by Oliver to approve a resolution granting a petition and setting public hearing dates for the annexation into the City of 45.399 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 16, for Sun City Neighborhoods 22 and 23. Approved 7-0 AA Consideration of a resolution granting a petition and setting public hearing dates for the annexation into the City of 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 Amelia Sondgeroth, Director of Planning and Development Polasek explained the item to Council Motion by Smith, second by Carr to approve a resolution granting a petition and setting public hearing dates for the annexation into the City of 6.69 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 16-A, for Sun City Neighborhood 28. Approved 7-0 BB Consideration of a resolution granting a petition and setting public hearing dates for the annexation into the City of 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 Amelia Sondgeroth, Director of Planning and Development Polasek explained the item to Council. Motion by Smith, second by Carr to approve a resolution granting a petition and setting public hearing dates for the annexation into the City of 26.365 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 20, for Sun City Neighborhood 29. Approved 7-O CC Consideration and possible action on a partial vacation of the Amended Plat of Madison Oaks, Phase One, Block B, Lot 4 and Madison Oaks, Phase Two, Block B, Lot 5, located on Madison Oaks Avenue -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development McCollum described the item to Council Motion by Sansing, second by Smith to approve a partial vacation of the Amended Plat of Madison City Council Meeting Minutes/February 8, 2005 Page 7 of 9 Pages Oaks, Phase One, Bloc. d, Lot 4 and Madison Oaks, Phase Two, Blocs B, Lot 5, located on Madison Oaks Avenue Approved 7-0 DD Consideration and possible action on a Public Review Final Plat for 21.198 acres in the Frederick Foy Survey, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Nineteen , located west of Sun City Boulevard at Armstrong Drive -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development McCollum described the item to Council Motion by Carr, second by Sansing to approve a Public Review Final Plat for 21.198 acres in the Frederick Foy Survey, to be known as the Planned Unit Development of Sun City Georgetown, Neighborhood Nineteen, located west of Sun City Boulevard at Armstrong Drive. Approved 7-0 EE Second Readings 1. Second Reading of an Ordinance amending the 2004/05 Annual Operating Plan Element (budget) for a timing adjustment related to the order for a replacement fire apparatus and the addition of a school resource officer -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Rundell explained the item and read only the caption of the ordinance on second reading. Motion by Eason, second by Carr to approve Ordinance 2005-07. 2. Second Reading of an Ordinance Amending Section 2.69.040 of the Code of Ordinances pertaining to the number of members on the Main Street Advisory Board to increase the number of members from seven to nine -- J. Bryant Boyd, Main Street Advisory Board Chairperson and Shelly Hargrove, Tourism Director and Main Street Manager Morrow explained the item and read only the caption of the ordinance on second reading. Motion by Eason, second by Smith to approve Ordinance 2005-08. Approved 7-0 3. Second Reading of an Ordinance Rezoning 21.198 acres in the Frederick Foy Survey, from AG, Agricultural District to PUD, Planned Unit Development District, to be known as Planned Unit Development of Sun City Georgetown, Neighborhood Nineteen, located west of Sun City Boulevard at Armstrong Drive -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development McCollum explained the item and read only the caption of the ordinance on second reading. Motion by Eason, second by Sansing to approve Ordinance 2005-09. Approved 7-0 4, Second Reading of an Ordinance Rezoning from AG, Agriculture and RS, Residential Single -Family to C-3, General Commercial for 5.24 acres in the J. P. Pulsifer and Clement Stubblefield Surveys, located at SH -29 West at CR -265 -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development This item was pulled. 5. Second Reading of an Ordinance to consider a Comprehensive Plan Amendment to amend the Land Use Map from Residential, designated for multi -family use, to Light Industrial for the Amended Plat of Madison Oaks, Phase I, Block B, Lot 4 and Madison Oaks, Phase 11, Block B, Lot 5, located on Madison Oaks Avenue -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director of Planning and Development Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Kirby to approve Ordinance 2005-10, Approved 7-0 6. Second Reading of an Ordinance Rezoning from C1, Local Commercial District to IN, Industrial District for the Amended Plat of Madison Oaks, Phase I, Block B, Lot 4 and from MF, Multifamily District to IN, Industrial District for Madison Oaks, Phase 11, Block B, Lot 5 located on Madison Oaks Avenue -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray explained the item and read only the caption of the ordinance on second reading. Motion by Smith, second by Carr to approve Ordinance 2005-11, Approved 7-0 7. Second Reading of an Ordinance ordering a Special Election to be held in conjunction with the City Council Meeting Minutes/February 8, 2005 Page 8 of 9 Pages General Election on ..gay 7, 2005, for the purposes of seeking voter response to a proposition relating to the adoption of a saaes and use tax under Section 4A of the Development Corporation Act to be used for the promotion and development of new and expanded business enterprises and the reduction of the property tax rate; and to propositions relating to authorizing expenditure of such tax proceeds for purposes authorized by Section 4B of the Act for public park purposes and events, parks, and park facilities, and open space improvements; for affordable housing; and for project costs for streets, roads, drainage, and other related transportation system improvements, including the payment of maintenance and operating expenses; and providing for the City to contract with the Williamson County Elections Administrator to conduct said election -- Farley Snell, Council Member District 6 Snell summarized the item for the public. Speaker, Moises Berrun, addressed the Council and indicated that he didn't know about the first reading of the ordinance and would like to locate more information about the item. He was told that the ordinance and resolution are available for review and was also told that the State of Texas has a lot of information about 4A/4B sales tax use. Carls read only the caption of the ordinance on second reading. Motion by Snell, second by Kirby to approve Ordinance 2005-12. There was discussion and it was confirmed that the ordinance was clear in its language and that it included provisions for 1/8 of the remaining sales tax available to be applied to property tax reduction and the other 1/8 would be applied to property tax reduction. U T"TroyrTas &Z I] FF Consideration and possible action to approve a Resolution ordering the May 71 2005, General Election to elect Mayor and Councilmembers from Districts 2 and 6, and approve the contract with Williamson County for administration of the election -- Sandra Lee, City Secretary and Patricia E. Carls, City Attorney Carls explained the item to Council. Carls confirmed that a correction was made to the date that the order of the names will be drawn for places on the ballot to be Tuesday, March 8, 2005 at 3:00pm. Motion by Oliver, second Snell to approve a Resolution ordering the May 7, 2005, General Election to elect Mayor and Councilmembers from Districts 2 and 6, and approve the contract with Williamson County for administration of the election. Approved 7-0 Motion by Sansing, second by Carr to adjourn. The meeting was adjourned at 07:30 PM. City Council Meeting Minutes/February 8, 2005 Page 9 of 9 Pages AttestZe : m r; City Secretary Sandra Lee