Loading...
HomeMy WebLinkAboutMIN 09.14.2004 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council resent: i! Council Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry j All present. Carr, John Kirby, Farley Snell, Ben Oliver PI Staff Present. di Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City fl'Manager; Trish Carls, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Randy Morrow, Director of Community Services; A Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline - E.Q. Sharp Butane Co., Inc. v. City of Georgetown, Texas, Cause No. A -04 -CA -299 -SS, in the United States District Court, Western District of Texas, Austin Division - Legal Advice Regarding Agenda Items and other Matters B Sec.551.072 Deliberation on Real Property - Discussion regarding acquisition of property on Country Club Road. - Discussion and possible action concerning the purchase of right-of-way and easements for improvements to SH 29 West and CR 265 - Discussion of donation of property for park on west side of Georgetown - Discussion and possible action regarding acquisition of property for city facilities C Sec.551,087 Economic Development - 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 There was no Executive Session held at this meeting. Regular Session D Call to Order The meeting was called to order at 6:00 p.m. Pledge of Allegiance Mayor Nelon led the Pledge. F Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon City Council Meeting Minutes/September 14, 2004 Page 1 of 11 Pages Mayor Nelon w„-comed the audience and gave a brief explanation of meeting procedures. - Announcement of two vacancies on the Library Advisory Board and two vacancies on the Main Street Advisory Board Mayor Nelon announced the vacancies. G Announcements and Comments from City Manager Brandenburg made the following announcements: The Caring Place Ribbon Cutting will be held on Thursday, September 23 at 12:15 p.m. at the new location at 2000 Railroad The City Council Canvass of the September 11 Election results will take place at 5:00 p.m. on Tuesday, September 21 in the Council Chamber. There will be Open House Meetings for the Bond Elections as follows: Monday, September 20 at St. John's United Methodist Church from 6:00 p.m. to 7:30 p.m. Thursday, September 23 at Sun City Community Assoc. Room from 1:00 p.m. to 2:30 p.m. Tuesday, October 5 at the Community Center in San Gabriel Park from 6:00 p.m. to 7:30 p.m. Wednesday, October 6 at the Berry Creek Country Club from 6:00 p.m. to 7:30 p.m. Monday, October 18 at Tippit Middle School in the Cafeteria from 6:00 p.m. to 7:30 p.m. H Public Wishing to Address Council Jack and Cammy Garey regarding donation to the City. Jack Garey read a letter addressed to the Mayor and Council concerning the gift to the City from him and his wife of 525 acres to be used as parkland, a ranch house, and a $5 million bequest for development and improvement of the park property to be matched by the City within a three-year period after the parkland is dedicated. He said the total acreage and the ranch house will be dedicated to the City after their deaths. He noted that the announcement is being made now in order to allow the acreage to be included in the Parks Master Plan. There were comments of gratitude from the Council. Keith Peshak regarding Police Department issues. Peshak gave reasons why he thinks Georgetown needs a new police chief. Action from Executive Session Motion by Smith, second by Sansing that in connection with the SH29 and CR265 road improvement project, the City Council approve the Possession and Use Agreements with the owners of Parcels 6 and 7 and the owners of Parcel 13 on the terms discussed and direction given by City Council last night in Executive Session. Approved 6-0-1. (abstention by Snell for absence from Executive Session) Motion by Smith, second by Carr that in connection with the acquisition of property for various City facilities, that the City Council authorize the Mayor to sign amendments to the purchase agreements with Williamson County and with the Williamson County Tax Appraisal District to extend the inspection periods or feasibility periods and other related deadlines as discussed in Executive Session last night. Approved 6-0-1 (abstention by Snell for absence from Executive Session) Mayor Nelon announced that Item Z would be brought forward as the first item on the Legislative Agenda, then Items Y-3 and Y-2 would follow. Statutory Consent Agenda J Consideration and possible action to approve the minutes of the Council Workshop on Monday, August 23, the Regular City Council Meeting of Tuesday, August 24, and the Tax Rate Hearing of Tuesday, September 7, 2004 -- Sandra Lee, City Secretary K Consideration and possible action to approve a resolution to amend and update the City of Georgetown Employee Cafeteria Plan, the City of Georgetown Health Care Spending Arrangement, and the City of Georgetown Day Care Spending Account Arrangement -- Carla Bourland, Human Resources Director L Consideration and possible action to approve a Resolution to accept the 2004 Tax Appraisal Roil for the City of Georgetown as presented by Deborah Hunt, Tax Assessor -Collector -- Micki Rundell, Director of Finance and Administration (pulled by Carr) M Consideration and possible action on a resolution to permanently dedicate 15.2 acres of parkland directly behind the homes on Country Club Drive on the North San Gabriel River as permanent dedicated open space -- Randy Morrow, Director of Community Services City Council Meeting Minutes/September 14, 2004 Page 2 of 11 Pages N 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 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations O Consideration and possible action to approve the purchase of an Electric MeterTest and Calibration System from Utility Test Equipment Company in the amount of $207500.00 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations P Consideration and possible action to authorize the conveyance of a Waterline Easement to the City of Round Rock for relocation of its raw waterline to a segment of CR 265 lying within the corporate limits of the City of Georgetown n connection with the planned improvements to SH 29 West -- Trish Carls, City Attorney O Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for certain improvements to SH 29 West (Parcel 13) -- Trish Carls, City Attorney R Consideration and possible action to approve a contract with Montgomery & Associates not to exceed $10,000.00 to conduct a baseline survey for the City-wide Branding Program -- Shelly Hargrove, Main Street Manager; Randy Morrow, Community Services Director; and Tom Yantis, Assistant City Manager Oliver asked what other costs would be coming forward on this item. Yantis described logistical costs such as room reservations, etc. Yantis noted that the baseline survey is needed before the branding is done. Motion by Oliver, second by Kirby to approve the Consent Agenda with the exception of Item L which was pulled for discussion. Approved 7-0. Legislative Regular Agenda L Consideration and possible action to approve a Resolution to accept the 2004 Tax Appraisal Roll for the City of Georgetown as presented by Deborah Hunt, Tax Assessor -Collector -- Micki Rundell, Director of Finance and Administration (pulled by Carr) Rundell explained the item. Carr said he wanted to be able to protest this item. Motion by Smith, second by Sansing to approve the resolution. Kirby said he would vote for the appraisal roll, but not for the tax rate. Approved 6-1. (Carr opposed) Z Consideration and possible action on funding allocations for contracted community/social services for 2004/2005 budget year -- Councilmember Farley Snell Snell explained that the Council had approved an allocation to those entities that provide basic needs for the community, with direct services for physical needs, such as food, medical care, shelter, safety, and transportation. He said no "new" money, but the same amount that was given last year will be given this year to those entities that no longer fit under the guidelines. He read the allocations to be provided. He noted that the Council Subcommittee was composed of himself and Councilmembers Smith and Oliver. Motion by Snell, second by Oliver to approve the allocations. Motion by Eason, second by Sansing to amend to redirect the new monies proposed for Habitat and Caring Place to the Georgetown Chapter of United Way for home repairs for low income disabled and elderly. She said she is requesting redirection of funding from Habitat and Caring Place because they are a part of the consortium that provides for low income disabled and elderly, and there is need in her district. She asked for support for the program in the amount of $13,000. Sansing agreed and noted that there is need in his district as well. Speaker, Holly Doggett, noted that the new Caring Place facility is now open and that would not have been possible without the support from the Council and the local community. She thanked the Council and asked them to visit. Speaker, Pete Periales, CEO of the Georgetown Community Clinic, thanked the Council for their support and noted that they are able to care for 500 to 600 patients per month. He said the federal designation was to have happened in April that would have given them $100,000 per month, so they are trying to "shore that gap." He noted that this morning he signed two contracts with the County for over $325,000 to support the Clinic. City Council Meeting Minutes/September 14, 2004 Page 3 of 11 Pages Oliver said the United Vvay looked like a new program and it wasn't clear tnat they were "teamed" with the other two partners. He confimed with Eason that the Caring Place and Habitat are working together. She said the amount she is suggesting is for the cost of materials that they were not able to get donated. Carr questioned why the money should be donated to United Way rather than individually to each of the other two organizations. Smith noted that there are many things United Way does that don't fit within the City's guidelines and wanted to make sure that the money proposed by Eason would be used for materials. United Way Director, Janet McTigue was asked to speak. Janet McTigue said the program was set up by the local United Way because Caring Place and Habitat had talked about it, but had not gotten it "off the ground." She noted that the Catholic Church Diocese in Austin, the Knights of Columbus, and other organizations were interested in getting involved, but there was no entity to manage the program. She said United Way will manage the program, Habitat will provide the free labor, and Caring Place will serve as the "screening process" for recipients. Motion by Kirby, to approve social service funding in the amount of 1% and to approve the basic recommendations from the Subcommittee except he would like to add Project Graduation and look again at the combination of the United Way with Habitat and Caring Place, with a contribution to them minus the $700 for Project Graduation. The motion failed for lack of second. Vote on the first amendment to the original motion: Approved 4-3 (Smith, Carr, Kirby opposed) Motion by Sansing, second by Smith to amend to ask staff to waive the fees for Project Graduation. Kirby asked for comments from the City Manager. Brandenburg explained that from an accounting standpoint, the $700 would need to be shown as coming from a specific fund. Nelon noted that he thinks it is important to find the funds somewhere. Brandenburg said since it's not a social service issue, it would be better to ask staff to find the funds from another account. Vote on the amendment: Approved 7-0. Motion by Smith, second by Snell to amend the original motion to approve the full sum requested by the Community Clinic to go to them in one lump sum rather than throughout the year. Approved 7-0. Vote on the original motion as twice amended: Approved 6-1. (Carr opposed) Y3. First Reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 2004, and ending September 30, 2005; adopting the Annual Amendment to the Century Plan -- Micki Rundell, Director of Finance and Administration Rundell read the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Snell, second by Sansing to adopt the Annual Operating Plan Element. Speaker, Richard Farrell, ceded his time to Ed Jasperson, giving him a total speaking time of six minutes Speaker, Ed Jasperson, told Council he was against giving the $15 million to Simon for the shopping center. He said he was not against having a Wolf Ranch Shopping Center, he just didn't want to see the money go to Simon and take 15-20 years to pay that debt. He said he noticed a similar "deal" being done for River Place. He quoted an article from the Austin American Statesman about the large amount of sales tax coming to the City of Georgetown. He said the City should have bargained with the developers to get a better deal. He also said he is disappointed that the Council voted down Proposition 13 and forced the election. Motion by Kirby, second by Carr to adopt the budget as originally proposed by the City Manager instead of the elevated budget proposed by the Council. Kirby said planning is necessary for increasing police and firemen. He said he looked in the phone book to see how he would call a police officer if he needed to talk to one. He said he couldn't see how to call them except to dial 9-1-1. He said the Council received a copy of a letter thanking the Fire Department for changing the batteries in smoke alarms. He said firefighters should not be spending their time changing batteries. He also said several times he has seen multiple squad cars patrolling on IH35. He said he would prefer to stay at the tax rate proposed by the City Manager. City Council Meeting Minutes/September 14, 2004 Page 4 of 11 Pages Carr said he would support the City Manager's budget. He said it is interesting to see that Proposition 13 passed in six out of seven City of Georgetown single -member districts. Oliver said he knows it is hard to raise taxes but he believes the demands for increased public safety personnel should be taken care of in a proactive way so that they are in place when they are needed. Sansing said he thinks Georgetown needs economic development and agrees that it is hard to raise taxes, but it must be done until other income streams come in. Vote on Motion by Kirby: 2-5 Motion failed. (Eason, Smith, Snell, Sansing and Oliver opposed) Vote on original motion: Approved 5-2 (Carr and Kirby opposed) Y2. First Reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 2004 -- Micki Rundell, Director of Finance and Administration Rundell read only the caption of the ordinance after having satisfied the requirements of the City Charter. Speaker, Janet Stroobandt, ceded her time to Jack Stroobandt, giving him a total speaking time of six minutes. Speaker, Jack Stroobandt, asked Council to approve the tax rate as proposed by the City Manager, not the increased rate as proposed by the Council. He said he has received information from his constituents that if the tax rate is increased, the constituents will defeat the bond proposals. Motion by Snell, second by Sansing to approve the tax rate. Sansing said he felt he should remind everyone that the amount being asked to increase is eight tenths of a penny, and is a small amount to pay to increase the public safety budget. Eason said she thinks it should be stated again that Georgetown has the lowest tax rate in Central Texas. Carr said he thinks the City Manager could have improved his proposal. He said he thinks the sales tax projection should have been larger. Vote on the motion: Approved 5-2. (Carr and Kirby opposed) Sansing said the State Comptroller's Office said property tax in Georgetown is cheaper than in every other city except Amarillo and Tyler. AA Discussion and possible action on procedures and any documentation needed to implement the results of the September 11 Special Election on Proposition 13 -- Councilmember Henry Carr Carr said he put this item on the agenda, intending to go "either way," depending on the results of the election. He asked Carls to state the procedure. Carls noted that there will be the inclusion into the City Code of tax freeze language in a resolution or a separate item at the Canvass Meeting. She confirmed that for the people already over 65 or older or disabled by January *S1, 2004, the tax bill received in *Japmaary November 2004 will be the amount that will be frozen. (*as corrected by Carr and Cans at the September 28, 2004 Council Meeting.) Speaker, Janet Stroobandt, ceded her time to Jack Stroobandt, giving him a total speaking time of six minutes. Speaker, Jack Stroobandt, said he was one of the members of the PAC "for" Proposition 13. He said the vote showed an overwhelming approval of 77% in favor of Proposition 13. He said he was pleased to see that Proposition 13 would have passed even without the Sun City residents. He said the total number who voted were about 1/3 of the 23,000+ registered voters. He said he and others are unhappy about the actions of a couple of Councilmembers. He said the Council and Sun City residents should work together to help Georgetown grow and maintain the quaintness of the downtown area. Nelon said he would like to put all of this in the past, and even though the Council doesn't agree with each other all the time, they come together to disagree pleasantly. He suggested this issue should be put aside and hopefully all the planned future development will occur. 7:36 p.m. -- recessed City Council Meeting Minutes/September 14, 2004 Page 5 of 11 Pages 7:48 p.m. -- resumed Open Session S Presentation and discussion of public information program for the November 2, 2004 Bond Election for city facilities --Tom Yantis, Assistant City Manager Yantis told Council he would present information about the bond proposals for the November 2 ballot for a new Library, expansion, expansion and renovation of the Recreation Center on Austin Avenue, and expansion and renovation of the Community Center in San Gabriel Park. He said population growth is the primary "driver" for building the new facilities. With a slide presentation, Yantis described the facilities planning that guided the facilities decisions. He said the needs were divided into three categories: immediate, five-year and long-term. He said along with the improvements to the three facilities that will be proposed for the bond election, there is an immediate need for a larger space for the Information Technology Department, a new fire station, and office space for fire administration personnel. He explained the method for choosing Croslin & Associates from Austin as the Facility Master Plan Architect. He reminded Council that a 17 -member Citizens Bond Committee was appointed by the Council in January, 2004. He introduced Bond Committee Member, Hartley Sappington, to explain the activities of the Bond Committee. Sappington noted that the Bond Committee recommended to the Council that a new library be built on 8th Street behind the Police Station on property already owned by the City, that the recreation center be renovated and expanded, and the Community Center be renovated and expanded. He noted that the Committee determined that the immediate need for a larger space for the Information Technology Department, a new fire station, and office space for fire administration personnel should be handled by using an annual capital improvement process for those facilities. Yantis gave some history on the current Library. He introduced Library Director, Eric Lashley, who explained the cramped conditions of the current library. Lashley introduced Chuck Croslin of Croslin Associates. He described the proposed new Library of 54,000 square feet with an estimated completion in 2007. Community Services Director, Randy Morrow, described the current Recreation Center and the proposed expansion. Tim Joslin, senior at Georgetown High School, spoke to Council about the need and planning for a teen center. He thanked the Council for putting the teen center on the bond proposal as a part of the Recreation Center expansion. John Nehme, senior at Georgetown High School, said he had come before the Council previously asking for a teen center in Georgetown. He told Council about the proposed teen center. He noted that the proposed Teen Center at the expanded Recreation Center could be used for Project Graduation, which would save the rent charge for the use of the Community Center. T Consideration and possible action to approve payment for professional services provided by Labor Finders -- Carla Bourland, Human Resources Director Bouriand explained the item. Motion by Carr, second by Oliver to approve the payment. Sansing said he wishes to stand up for the employees of the City who don't get a say in these issues. However, he doesn't think comp time should be paid to an employee while also allowing the employee to take a holiday at another time. Approved 6-0. (Smith absent from the dais.) U Discussion and possible action to approve revisions to the Registration Form for the public who wish to address the Council -- Paul Brandenburg, City Manager Brandenburg explained the item saying the new form outlines the suggested decorum and methods for dealing with infractions. Motion by Sansing, second by Oliver to approve the revisions. Carr asked and Carls said there is no legal requirement to allow citizens to speak, and because the City does allow citizens to speak, the speaking time may be regulated. Approved 7-0. V Consideration and possible action on a request from the Georgetown Symphony Society for funding to help support the Georgetown Festival of the Arts -- Paul Brandenburg, City Manager Brandenburg explained that the request has come to Council for funding. He said because the Council Contingency Fund is depleted, he would suggest that the issue be sent to the Convention and Visitors Bureau Board to request that funds be taken from the hotel/motel tax. Speaker, Gaz Green, asked the Council to contribute $10,000 toward the Festival of the Arts in June, 2005. He said there is a group of 700 to 800 people who purchase tickets to the Georgetown Symphony. He introduced Dr. Ellsworth Peterson, Chair of the Festival. City Council Meeting Minutes/September 14, 2004 Page 6 of 11 Pages Speaker, Dr. Ellsworth r dterson, told Council he was born in Georgetown and is a former teacher at Southwestern. He described to Council the events to take place at the Festival. Motion by Kirby, second by Eason, to have this item presented to the Convention and Visitors Bureau Board. Smith noted that this three-day event will put "heads in beds" and is an excellent example of a project to be funded by the Convention and Visitors Bureau. Approved 7-0. W Discussion and possible action regarding possible Amendments to the UDC Section 4.06.020A, Development Regulations, Height, Sec, 6.03 Non -Residential Development Standards, and Table 6.03.020, Building Height standards in the C-2 Zoning District, to amend the maximum allowable height from 40 ft. to 50 ft. in Area 1 of the Downtown Overlay District -- Amelia Sondgeroth, Director, Planning and Development and Tom Yantis, Assistant City Manager Yantis said this item is being brought to the Council regarding a project proposed to be constructed on 7th street across the street from Council Chamber, behind the Masonic Building. He said the project is proposed to be 53 feet tall. He said staff is proposing to bring this amendment to the Unified Development Code before the Council. He said a clause was inserted in the approval of this item at the last Council Meeting that if the staff deemed that a question was important enough to be handled earlier than at the annual amendment date, it should be brought forward to the Council at that time rather than waiting. Sondgeroth explained the specific project, the timing of the process, saying the project would go before the Planning and Zoning Commission, to the Council for first and second readings of an ordinance to amend the Unified Development Code (UDC) at the October Council Meetings, and then to the Historic and Architectural Review Commission in November. She noted that she has discussed this project with Nore Winter to determine the history of the 40 -foot height limit prescribed in the UDC. She read the goals to be promoted by the height requirements, such as the walkability of the street and the appearance of the buildings being similar to other buildings in the general area. She said the context of the proposed four-story building is similar to the height of the Masonic Lodge Building. She said also important is the Courthouse view. She said some criteria would be brought back to the Council to allow them to make the decisions. Proposed developer, Klaus Bollman, told Council that he owns and operates a company here in Georgetown, but lives in Horseshoe Bay near Marble Falls, and is looking to invest funds in Georgetown. He said the location would allow a taller building without effecting the rest of the area, saying he felt the view of the Courthouse would not be obstructed. He explained the plans for the building, saying it would be a mixed-use building with a below -grade parking level, retail on the first floor, office proposed for the second and third floors, and four residential units on the upper floor. Speaker, Chamber of Commerce President, Mel Penland, recommended to Council that the project be approved and the Unified Development Code amended in order to allow this investment in the downtown. Speaker, Rene Hanson, told Council she is speaking as Chair of the Committee that developed the downtown design guidelines. She noted that the actual height of the building would be 55 feet. She said this building would dwarf the other older buildings on the Square. She said additions to the Square should not diminish the existing buildings. She noted that all of the other large projects currently coming to Georgetown are meeting the guidelines of the Unified Development Code. Speaker, Chris Damon, owner of the Masonic Lodge Building next door to the proposed building, said the design guidelines are "guidelines" and there should be reason and thought behind consideration of each effort. He said he feels 95% of the current growth has gone to other areas of Georgetown and not downtown. He said his building, the Masonic Lodge Building, exceeds the design guidelines Speaker, Robert Phipps, an investment officer, said he doesn't believe taller buildings should be allowed downtown because they would distort the skyline of Georgetown. He said newer, taller buildings would compete with the old structures. He said this project would open the door for future buildings Speaker, Russell Phillips, gave his time to David Voelter, giving him a total speaking time of six minutes. Speaker, David Voelter, architect for the proposed new building, explained the height measurement. Speaker, J. C. Johnson, said at first he thought the pictures of the proposed building seemed fine. He said he noticed that the Board of Adjustment turned down the developer for what they considered "just cause." He said the developer is seeking to change the rules that effect everyone. Speaker, Richard Cutts, said he speaks as a boardmember of the Heritage Society. He told Council he thinks the proposed height is too high. He asked that additional view corridors be expanded. City Council Meeting Minutes/September 14, 2004 Page 7 of 11 Pages Speaker, Peter Dana, sG,d he lives very close to the Square. He told Council he frequently walks to the Square, and said the Courthouse dome could not be seen when walking up 7th Street if the proposed building is built. He asked if a rule will be changed just to accomodate one project. He asked Council not to approve the proposed building. Speaker, Moises Berun, intern architect, said the Courthouse is a unique feature. He said the additional feet can be "shaved" off the building and the design could still be done and maintain the 40 -foot limit. Speaker, Lynette Rabb, a realtor who represents the existing building, said it has been for sale a little over a year. She said most of the people that have inquired about the building were only qualified to repair it and lease it. She said she feels demolition of the building and starting over would be the best use for the site. She noted she is seeing a trend away from downtown and said the lease rates are $13 s.f. without utilities, which is below market rate for office and retail. Carr asked for clarification of the process. Yantis answered and noted that he has received comment from other developers that it is difficult to economically build downtown within the 40 -foot limit. Snell said he thinks the adjustment to encourage a specific development is a form of subsidization. Sondgeroth said there needs to be a review established, probably at the Historic Architectural Review Commission level, to come up with some standards. Snell said he would prefer that time be given to this issue as a part of the annual review. Oliver agreed that there needs to be more time to consider amending the UDC. Sansing said the reasons to amend the UDC would be for projects like this when they come forward. Carr said if this can work, it is a step in the right direction. Eason said she thinks the process should be followed. She said she is against the proposed recommended motion as provided in the cover sheet. Smith said he likes the project and thinks it adds to the downtown. He said he is particularly pleased that the developer is not asking for financial incentives. Motion by Smith, second by Sansing that the maximum height of buildings on the Square shall not exceed 40 foot, but buildings in Area 1 of the Downtown Overlay District (excluding those on the Square), may exceed 40 feet in height only if that portion of the building that exceeds 40 feet in height is set back from the street or streets with a 1 to 1 ratio, with the total height of buildings in Area 1 of the Downtown Overlay District not to exceed 53 feet. Kirby gave reasons why he said he could not support the project. He said he doesn't think more office space is needed downtown and asked for more retail to provide sales tax. Nelon suggested that economic opportunity does not come knocking at the door that often. He said he thinks it is a great opportunity to replace a building on the Square that is vacant and not suitable for much in order to allow tax base or revenue to the City. There was further discussion. Eason asked Smith for clarification. Smith explained his motion, saying if the building is directly on the Square, no change, but if it is in Area 1, it can exceed 40 feet, only if the portion that exeeds 40 feet is set back at a 1 to 1 ratio, including the roof. He said he is asking staff to include this concept in the Unified Development Code. Vote on the Motion: 34 The motion failed. (Oliver, Snell, Kirby and Eason opposed) Snell suggested that this kind of suggestion could be dealt with at the annual review of the UDC. X Second Readings 1. Second Reading of an ordinance adding Chapter 6.25 to the Georgetown Municipal Code of Ordinances relating to non -motorized horse drawn carriages -- David Morgan, Police Chief Shacherl read the caption only on second reading. Motion by Kirby, second by Oliver to approve Ordinance 2004-50. Approved 7-0. 2. Second Reading of an Ordinance Rezoning Dalrymple Addition, Block A, Lots 5 & 6 and Part of Lots 1 & 2, from RS, Residential Single-family to MF, Multi -family Residential located at 1301 Hart Street and 1218 Timber Street -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director, Planning & Development Ray read the caption only on second reading. Motion by Kirby, second by Carr to approve Ordinance 2004-51. Approved 7-0. City Council Meeting Minutes/September 14, 2004 Page 8 of 11 Pages Y First Readings 1. First Reading of an ordinance repealing existing Chapter 3.01 in its entirety pertaining to personnel policies and adopting a new Chapter 3.01 entitled "Personnel Policies" and authorizing and directing the administrative adoption of a Personnel Manual that is consistent with the terms of the ordinance -- Carla Bourland, Human Resource Director Bourland read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. She noted that there will be additional information brought back to Council to address the proposed deleted policy. Motion by Carr, second by Oliver to approve the ordinance on first reading. Approved 7-0. 2. First Reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 2004 -- Micki Rundell, Director of Finance and Administration This item was handled at the beginning of the Legislative Regular Agenda, following Item Z. 3. First Reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 2004, and ending September 30, 2005; adopting the Annual Amendment to the Century Plan -- Micki Rundell, Director of Finance and Administration This item was handled at the beginning of the Legislative Regular Agenda, following Item Z. 4. First Reading of an ordinance amending 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Director of Finance and Administration Carls read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. She noted that this ordinance was adopted in June, but there have been a few more revisions. Motion by Kirby, second by Carr to approve on first reading. Approved 7-0. Z Consideration and possible action on funding allocations for contracted community/social services for 2004/2005 budget year -- Councilmember Farley Snell This item was handled at the beginning of the Legislative Regular Agenda, following Item L. AA Discussion and possible action on procedures and any documentation needed to implement the results of the September 11 Special Election on Proposition 13 -- Councilmember Henry Carr This item was handled at the beginning of the Legislative Regular Agenda, following Item Y-2. BB Public Hearings/First Readings, continued 5. First Reading of an ordinance providing for the annexation into the City of 16.2540 acres, more of less, out of the Leroy B. Lord Survey, more particularly described as Georgetown Village Section 5 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Polasek read the caption only on first reading after having satisfied the requirements of the City Charter. He explained the item. Motion by Kirby, second by Oliver to approve the ordinance on first reading. Approved 7-0. 6. First Reading of an ordinance providing for the annexation into the City of 158.19 acres, more or less, in the William Addison survey, located southwest of the Inner Loop and Maple Street Intersection -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Polasek read the caption only on first reading after having satisfied the requirements of the City Charter. He explained the location. He noted that an impact study was completed for this annexation and explained the proposed development to be done. Kirby said he takes exception to the sales tax projection figures in the model. Brandenburg said there is a conflict that will need to be resolved. Kirby asked to defer this item until after a meeting next Thursday. Brandenburg suggested that the first reading could be held at this meeting and clarification of the model could be brought back prior to the second reading. Motion by Sansing, second by Oliver to approve this annexation on first reading. Oliver asked and Sondgeroth responded that the real issue is the control of growth in the area. She City Council Meeting Minutes/September 14, 2004 Page 9 of 11 Pages suggested that an at as plan be done for the southeast area. She saia these properties are needed for contiguity for future annexation. There was further discussion. It was determined that the control of the area is priority. 'Tote on the Motion: Approved 6wl. (Kirby opposed) 7. First Reading of an ordinance providing for the annexation into the City of 117.804 acres, more or less, in the Burrell Eaves Survey, for Sun City Neighborhood 27 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Polasek read the caption only on first reading after having satisfied the requirements of the City Charter. He explained that the platting process will be coming soon. Motion by Snell, second by Carr to approve the annexation on first reading. Approved 7-0. 8. First Reading of an ordinance providing for the annexation into the City of 23.7452 acres, more or less, in the Frederick Foy Survey, for Sun City Neighborhood 19 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development. Polasek read the caption only on first reading after having satisfied the requirements of the City Charter. He explained the item. Motion by Carr, second by Sansing to approve the annexation on first reading. Approved 7-0. 9. First Reading of an ordinance providing for the annexation into the City of 39.473 acres, more or less, in the Frederick Foy Survey, for Sun City Neighborhood 20 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Polasek read the caption only on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Smith to approve the annexation on first reading. Approved 7-0. 10. Public Hearing to consider and take possible action on a Rezoning of 16.06 acres situated in the William Addison Survey, from RS, Residential Single-family and AG, Agricultural to MF, Multifamily residential, also known as the St. Helen's Catholic Church Development Area One, located south of SH 29 and west of the Inner Loop -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director, Planning and Development Ray explained the item and noted that the Planning and Zoning Commission and the staff recommend approval of the rezoning. The Public Hearing was opened at 10:27 p.m. Speaker, Charles Moeller, of the Austin Diocese said this development is to be a retirement living quarters for retired Catholic priests. He said the Austin Diocese has purchased this property adjacent to the St. Helen's Catholic Church. The Public Hearing was closed at 10:30 p.m. 11. First Reading of an Ordinance Rezoning 16.06 acres situated in the William Addison Survey, from RS, Residential Single-family and AG, Agricultural to MF, Multifamily residential, also known as the St. Helen's Catholic Church Development Area One, located south of SH 29 and west of the Inner Loop -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director, Planning and Development Ray read the caption only on first reading after having satisfied the requirements of the City Charter. Speaker, Daniel Henderson, noted that the site will be integral with the entire St. Helen's development and said he thinks the proposed development will connect to the current St. Helen's development. He said the neighborhood doesn't understand what the development will be and has no idea of the traffic impact. He asked if any of the traffic will exit on any roads other than city streets. Ray said there is only a preliminary site plan. He said the access will be taken from SH29 with a possible driveway in the future. Motion by Sansing, second by Kirby to approve the rezoning on first reading. Approved 7-0. CC Consideration and possible action to appoint Mark Ramsey to the Parks and Recreation Advisory Board to fill the vacancy created by the resignation of Lindsey Davis -- Mayor Gary Nelon City Council Meeting Minutes/September 14, 2004 Page 10 of 11 Pages Nelon explained the itei,,. Motion by Kirby, second by Carr to approve the appointment. Approved 7-0, DD Consideration and possible action to reappoint Gabe Sansing to the Animal Shelter Advisory Board -- Mayor Gary Nelon Nelon explained the item. Motion by Smith, second by Kirby to approve the reappointment. Approved 7-0, The meeting was adjourned at 10:35 PM. City Council Meeting Minutes/September 14, 2004 Page 11 of 11 Pages Secretary Sandra Lee l COUNTY OF WILLIAMSON Meeting Date Agend^ >m No. 'y-, } } CONFLICT OF INTEREST AFFIDAVIT } f .\ 3 x I, reside at am a member of the "'`" .e` =% (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. 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. C. "other" For reasons other than those listed above,,,l have a conflict of interest (Please specify, e.g. Sec. 2.24.170 or other reason)C�:fii. -��'. i5a,,i, `s5,se.*. '�s" '' e �.✓.. L'' �Y�' 3w e`3�..: ."�,'. ?., ., tx # ,e p 9 r. "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 Signature: Printed Name: BEFORE ME, the undersigned authority, on this day personally appeared facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN TO AND SUBSCRIBED before me on SANDRAD, LEE ¢+otwy pubk Swe of Texas r My CoyvftOw Expires JANUARY 3tg 2006 53f'41� $'t *?y day of person who on oath stated that the 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 Conflict of Interest Affidavit Rev. 8/25/2004