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MIN 01.14.2003 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: CouncilAbsent: Llorente Navarrette, Gabe Sansing, Doug Smith, All Council Present Jack Noble, Sam Pfiester, Farley Snell, Ken Evans Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager for Operations; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Anthony Lincoln, Fire Chief; Amelia Sondgeroth, Director of Development Services; Ed Polasek, Chief Long Range Planner; Bobby Ray, Chief Current Planner; Carla Benton, Development Planner; Mark Miller, Transportation Services Manager .",olicy Development/Review Workshop X-egular Session to convene and continue Executive Session, if necessary There was no Executive Session held at this meeting. D Call to Order E Pledge of Allegiance F Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. G Announcements and Comments from City Manager City Manager Brandenburg made the following announcements: - The Chamber of Commerce will hold its Annual Awards Banquet on January 31, at 6:00 p.m. at the Sun City Ballroom. He asked that Councilmembers let him know if they want to attend. - The 2003-2004 Angelou Economic and Technology Forecast is scheduled for Thursday, January 23, at the Austin Convention Center from 7:00 a.m. to 9:30 a.m. He noted that members of the Chamber, Economic Development Commission, Council and staff would be attending. - Due to Martin Luther King, Jr.'s birthday on Monday, city offices, including the Library and Recreation Center will be closed. - The Shotgun House Dedication Ceremony is scheduled for January 25, at 10:00 a.m. - Thursday, January 30, at 5:00 p.m. will be a joint meeting for the Council with the Economic Development Commission to review the proposed economic development policy and incentive plan prior to the Joint Hearing for the Council with the Planning and Zoning Commission regarding the Unified Development Code at 6:00 p.m. City Council Meeting Minutes/January 14, 2003 Page 1 of 8 Pages H Citizens Wishing to Address Council - Wayne McKee, Pedernales Electric Cooperative (PEC), regarding an update on the Cooperative's activities. McKee gave an update on PEC activities, including high school scholarships with applications due by February 28. He gave the Mayor a franchise check for $6,637.00. Action from Executive Session There was no action from Executive Session. � s acs• •: J Consideration and possible action to approve the minutes from the Council Workshop on Monday, December 9, and the Regular Council Meeting on Tuesday, December 10, and the Special Council Meeting on Thursday, December 19, 2002 -- Sandra Lee, City Secretary K Consideration and possible action to authorize the Georgetown Public Library to accept a grant of $5,000 from the Georgetown Library Foundation, to be used for English as a Second Language (ESL) educational materials and children's books in Spanish -- Eric Lashley, Library Director L Consideration and possible action to authorize the Georgetown Public Library to apply for a $2,500 grant from the 2002 Texas Book Festival, to be used to purchase travel books for the adult collection and geography books for the children's collection -- Eric Lashley, Library Director M Consideration and possible action to approve of Georgetown's continued participation in the Texas Historical Commission Main Street Program -- Patty Eason, Chair of the Main Street Advisory Board, Charlie Walker, Economic Development Director and Paul Brandenburg, City Manager N Consideration and possible action to approve the purchase of modular wall panels from Furniture for Business in the amount of $21,137.29.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration O Consideration and possible action on a Public Review Final Plat for 55.577 acre tract out of the A. H. Porter Survey, to be known as a Planned Unit Development of Cimarron Hills, Phase 3, Section 2, located off SH 29 and Cimarron Hills Trail East — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services. Motion by Sansing, second by Smith to approve the Consent Agenda in its entirety. Approved 6-0. (Navarrette absent) Legislative Regular Agenda P Consideration and possible action to approve the appointment of a City Council Boards and Commissions Subcommittee for the purpose of interviewing applicants for the annual renewal of positions on City Boards and Commissions and for the purpose of investigating the purpose and operations of all current City Boards and Commissions -- Mayor Gary Nelon Nelon explained that he would like to have a Council subcommittee review structure, membership number, and meeting times for the various boards and commissions. Nelon recommended that the Council approve the appointment of Councilmembers Doug Smith, Ken Evans, and Gabe Sansing. Motion by Snell, second by Pfiester to approve the appointment of Doug Smith, Ken Evans, and Gabe Sansing. Approved 6-0. Q Discussion and possible action to direct staff to prepare ballot language to update and/or amend certain sections of the City's Charter -- Trish Carls, City Attorney Carls recalled the workshop held on Monday night, saying this item is an opportunity for Council to take action on the priorities established at the workshop. Motion by Snell, second by Evans to approve putting the Priortity 1 items on the ballot. Approved 6-0. Carls advised Council she would bring ballot language to the next meeting for Council's review. R Consideration and possible action to authorize payment in the estimated amount of $150,000 for professional services provided by Labor Finders -- Carla Bourland, Director of Human Resources City Council Meeting Minutes/January 14, 2003 Page 2 of 8 Pages Bourland explained the item. Motion by Smith, second by Evans to approve the payment authorization. Approved 6-0. S Consideration and possible action to name the new City complex formerly known as the C3 Building located at 300 Industrial Avenue and the old City Hall building located at 101 E. 7th Street -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Jones told Council that the new city complex on Industrial Avenue (Old C-3 Building) is ready for signage and asked Council to decide on a name for that facility as well as for the old City Hall building. Motion by Snell, second by Noble to rename the old C-3 Building as the Georgetown Municipal Complex and to rename the old City Hall as Council Chambers/Courts Building. Sansing suggested an amendment to the motion to call the old City Hall the Municipal Building. That motion died for lack of second. Vote on original motion: Approved 6-0. T Consideration and possible action to authorize the appropriate City official to execute the necessary documents to allow Reedholm Instruments to assign its Texas Capital Fund capital lease to First Texas Bank and for the City to be paid $43,814 for the City's loan to Reedholm Instruments -- Paul Brandenburg, City Manager Mayor Nelon abstained. Mayor Pro Tem Doug Smith presided for this item. Brandenburg explained the item, saying in 1997, the City had constructed a building through a grant from the Texas Capital Fund, a loan from Hartland/Compass Bank, and a loan from the city's electric fund for Reedholm Instruments who created 18 new jobs. He explained that Reedholm Instruments repays the grant on a 20 -year repayment schedule at 0% interest, and the city retains ownership of the building and is responsible for maintenance through the year 2017, when the title transfers to Reedholm. He said the business wishes to use the building as security on a working capital loan from First Texas Bank, saying the bank would repay the City should Reedholm Instruments default, and Reedholm Instruments will pay off the balance of $43,814 of the loan from the City's electric fund. Barry Haag of First Texas Bank told Council that everything stays the same, but Reedholm can pledge their lease to secure their debt. Motion by Evans, second by Sansing to approve the assignment. Approved 6-0. Councilmember Navarrette arrived on the dais. U Consideration and possible action to provide a letter of support from the City Council to a private group of parishioners from Saint Helen Parish who wish to establish a new Catholic Cemetery on Berry Lane off of Highway 29 -- Paul Brandenburg, City Manager Brandenburg explained the item. The applicant, Shaun Terry, offered to answer questions. Smith asked about informing the neighboring residents. Terry noted that he contacted all the neighbors and was able to receive letters of support from all but two. Evans verified with Sondgeroth that there was nothing in the Unified Development Code that addresses cemeteries. Carls pointed out that there is a sample ordinance in the packet from the City of College Station, and noted that if the amendment is made to the Health and Safety Code, an ordinance from the City of Georgetown will be required. Sansing verified that the Catholic Church would do the maintenance on the cemetery. Motion by Sansing, second by Evans to issue a letter of support to establish a cemetery. Approved 7-0. V Consideration and possible action to approve a resolution authorizing the release of a Special Assessment Lien against property currently owned by James M. Daniel and located at 706 University Avenue -- Trish Carls, City Attorney Carls said this is an old paving lien from 1923, saying it has been the City's practice to release these when they come forward. Motion by Smith, second by Pfiester to approve the release of the lien. Approved 7-0. W Georgetown Municipal Airport 1. Consideration and possible action to authorize the Mayor to execute a long-term airport ground lease with Don L. Dison -- Jerry Fye, Airport Advisory Board Chair; Travis McLain, Airport City Council Meeting Minutes/January 14, 2003 Page 3 of 8 Pages Manager; and Tom Yantis, Assistant City Manager Jerry Fye gave Council a review of the Airport Board's recommendation to approve. He said this project creates revenue streams and, at the end of the lease, the improvements revert to the city's ownership. He described the Board's deiberations regarding the item. Smith confirmed that the standing lease rate is 15 cents per foot, and that the lease would be limited to piston aircraft. Don Dison, 607 W. Esparada Drive, applicant and aircraft mechanic at the Georgetown Airport, read to the Council an excerpt from a letter from TXDOT Aviation Division, saying "any action taken by the City that would result in a moratorium on growth on the airport would be in conflict with grant assurances, and if potential tenants request the opportunity to build improvements on the airport, their proposals must be given legitimate consideration." He explained his proposal to provide shade shelters. Val Harbolovic, 214 Logan, told Council that Dison's proposal will "erode her quality of life." She asked why there weren't more bids for this airport property. Penny Burt, 3803 Roble Grande Circle, told Council that she had warned the Council several months ago that the Airport Advisory Board should be more diverse. She said the interests of the ordinary taxpayer and the neighborhood are not represented. She said she thinks this proposal is "outside" the Airport Master Plan. Mike Zucker, 4213 Verde Vists, told Council he needed clarification of the relationship between the Airport Master Plan and the Century Plan, saying he is unclear about the goal of the Century Plan. He asked if the 244 by 2016 was meant to be a limit or a goal? Kathy Heidemann, 407 Golden Oaks, told Council that, consistent with the airport layout plan and environmental analysis, the documents need to be filed with the State before the Council makes their decision on any lease assignments. She asked that the FAA rules be followed. Pfiester asked Don Dison about his statement that the hangars will replace the existing tie downs. Dison responded that after polling the people using the tie -downs, he has concluded that the demand is greater than his ability to supply covered parking. Pfiester confirmed that the rates would be less than for t -hangars, but more than for tie -downs. When asked by Pfiester if he thought there should be a lease for these structures, Dison said he is willing to listen to the recommendations from the Economic Development Commission and the Council. Dison said only one individual has ever expressed a desire to develop this parcel of land at the airport over the last fifty years, and that individual has relinquished his "first right of refusal" to develop the land. Dison displayed copies and read from the Airport Development Plan supporting his proposal. Asked by Pfiester, Dison agreed the process of "conversations with Councilmember Farley Snell" is leading to a dialogue with other points of view, a better understanding of what people are doing at the airport to earn a living, along with sympathy for the neighbors who are aggravated by the noise. Snell said he would like to see deferred action on this item for a fixed period of time to make sure the City knows what it's doing. Dison said a reasonable fixed time would be acceptable if the problems are dealt with and some kind of resolution is forthcoming. Sansing confirmed with Travis McLain that there are 33 tie -down locations at the airport, with only five of them not rented at this time. Sansing suggested that if 18 shade hangars were erected, 18 tie -down locations should be removed, to avoid increasing the number of aircraft at the airport. Kathy Heidemann said the map in Dison's application is not the same as in the Master Plan. She said the Master Plan in 1998 described the site where Dison plans to build the shade hangars as a site for 48 t -hangars to be phased in over 10 years. She said there are now 60 t -hangars and no available space in that area. Motion by Snell, second by Pfiester to defer action on this item for no more than 120 days, to allow time for the City to review and update its policies, procedures, and provsions related to airport leases; to determine whether this proposal is consistent with the Airport Master Plan and Airport Layout Plan as required by the FAA; and to determine whether the City should reserve this land for future aviation -related activities of the City or for future aviation -related economic development other than airplane storage and maintenance. City Council Meeting Minutes/January 14, 2003 Page 4 of 8 Pages The councilmembers expressed their appreciation to Councilmember Snell for taking his time to hold the "neighborhood" airport meetings. Smith explained some reasoning as to why he believes 15 cents per square foot is a reasonable lease rate. He said he appreciates the motion from Snell which would allow him to deliberate a little longer on whether he is in favor of the proposal. Pfiester said he strongly suports the motion to defer. Motion by Smith, second by Sansing to amend the motion to 75 days instead of 120 days. When asked by Pfiester, Dison said that the meetings are raising questions that he would like to have answered, so if Council would direct staff to look into some of the current policies and procedures at the airport, in that case, he would agree to the 120 days. Snell said he sees the deferment as a separate issue from the informal meetings, saying he wanted to make sure that enough time was allowed to answer all the questions. Vote on amendment: Denied 3-4. (Evans, Pfiester, Snell, and Noble opposed) Vote on the original motion: Approved 6-1. (Navarrette opposed) 2. Consideration and possible action to approve the Airport Advisory Board recommendations regarding Airport Security as recommended by the Airport Security Subcommittee -- Tim Sullivan, Airport Security Subcommittee Chair; Jerry Fye, Airport Advisory Board Chair; Travis McLain, Airport Manager; and Tom Yantis, Assistant City Manager Sullivan told Council he doesn't believe the Georgetown Airport currently could be protected from a dedicated terrorist attack. He told Council that the Subcommittee recommends a variety of specific deterrents, such as a security awareness pamphlet, increased lighting, gate cameras, backing of the Airport Watch Program with specific signage, increased police patrols, and asking all fixed -base operators to do a thorough background check of their employees. Nelon asked if the budget would be available to cover all of the recommendations. There was discussion about possible grants. Motion by Pfiester, second by Sansing to approve the recommendations. Approved 7-0. 3. Consideration and possible action to authorize the extension of the current contract with AvFuel Corporation to provide avgas and jet fuel to the Georgetown Municipal Airport in the estimated annual amount of $800,000.00 --Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager McLain explained the item and suggested that because of the uncertainty of the price of oil at this time, this contract should be extended. Motion by Pfiester, second by Noble to approve the extension of the contract. Approved 7-0. X Item Forwarded from the Georgetown Utility System Advisory Board Consideration of and possible action to approve payment to McCord Engineering to provide engineering services related to the planning, design, and review of the City's electric system improvements, system construction, system expansion (due to development), and system mapping -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Sansing abstained. Mayben explained the item and noted that the GUS Board had approved payment by a vote of 6-0. Motion by Evans, second by Pfiester to approve payment. Approved 6-0. (Sansing abstained) Y Second Readings 1. Second Reading of an Ordinance amending the 2001/02 Annual Operating Plan Element (budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests, revenue collection rates and project timing -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Brewer explained the ordinance and read only the caption on second reading. Motion by Noble, second by Evans to approve Ordinance No. 2003-01. Approved 7-0. Second Reading of an ordinance amending Section 10.12.090(8.)(9.) of the Code of Ordinances to amend the existing 20 -mph school speed zone on 8th Street and to establish a 20 -mph school City Council Meeting Minutes/January 14, 2003 Page 5 of 8 Pages speed zone on portions of Walnut Street, 9th Street and 10th Street -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller read only the caption on second reading. Motion by Evans, second by Sansing to approve Ordinance No. 2003-02. Approved 7-0. 3. Second Reading of an ordinance setting a joint public hearing with the Planning and Zoning Commission and the City Council, and prescribing the type of notice to be given of such joint public hearing regarding public comments on and the possible approval and adoption of a new "Unified Development Code" ("UDC") to replace the existing regulations pertaining to subdivisions, zoning, and sign regulation -- Trish Carls, City Attorney Carls read only the caption on second reading. Carls explained that changes were made on first reading involving notice by mail and those have now been included in the ordinance. She said a copy of the mailed notice would be attached as Exhbiti A. Motion by Evans, second by Noble to approve Ordinance No. 2003-03. Approved 7-0. 4. Second reading of an ordinance for a Century Plan Amendment to adopt a new element of the Century Plan - Future Land Use and Thoroughfare Plan: the Williams Drive Corridor Study -- Bobby Ray, Chief Development Planner; Ed Polasek, Chief Long -Range Planner; and Amelia Sondgeroth, Director of Development Services Sondgeroth read only the caption on second reading. Mike Zucker, 4213 Verde Vista, asked what legal force the Century Plan has on the conduct of the Council. He said he wasn't asking Council to answer that question tonight but for them to consider whether they are restricted by the Century Plan or if the Century Plan is a suggested goal. Motion by Smith, second by Evans to approve Ordinance No. 2003-04. Approved 7-0. 5. Second Reading of an ordinance for a Century Plan Amendment to change the Future Land Use Map for 70.32 acres out of the William Roberts and John Berry Surveys from Office/Retail/Commercial to Residential land use, located at the northeast corner of the intersection of Airport Road and Briarcrest Drive -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek read only the caption on second reading. Arnold Wieder, 30120 Briarcrest, told Council that the Berry Creek Neighborhood Association fully supports this rezoning. Motion by Pfiester, second by Navarrette to approve Ordinance No. 2003-05. Approved 7-0 Second Reading of an ordinance for a Century Plan Amendment to change the Future Land Use Map for 19.50 acres out of the Ephraim Evans Survey from Office/Retail/Commercial to Mixed Use land use, located southeast of the intersection of Page Whitney Parkway and John Hamilton Way -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek read only the caption on second reading. Motion by Pfiester, second by Noble to approve Ordinance No. 2003-06. Approved 7-0 Second Reading of an ordinance to establish an Animal Shelter Advisory Board -- Tom Yantis, Assistant City Manager Yantis asked Council for clarification regarding the residency requirements of the statutorily -required members of the board and for the other three at -large board members. He said there is no ordinance that requires all members of boards and commissions to meet residency requirements, saying it is handled on a board -by -board basis. He asked Council to include in the motion to approve this ordinance on second reading, a specification regarding the residency requirements of the other three at -large board members. City Council Meeting Minutes/January 14, 2003 Page 6 of 8 Pages Yantis read only the caption of the ordinance on second reading. Motion by Sansing, second by Noble to approve the creation of the board, that the veterinarian maintain their practice within the city or ETJ, that the three other statutory members do not need to meet the residency requirements, but the other three regular (at -large) members do need to live in the city or ETJ. Approved 7-0. Z Public Hearings and First Readings for Rezoning 1. Public Hearing for Rezoning from RS, Single Family & RM -2, Dense Multi Family, to RP, Residential Planned, or more restrictive district, for 118.94 acres out of the Joseph Fish Survey, to be known as Heritage Oaks PUD, located at the corner of FM 2338 and Shell Road — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Benton explained the item, and the public hearing was opened at 7:46 p.m. Randall Deavers, 270 Sedro Trail, said he is concerned with traffic safety, saying Heritage Oaks will provide connectivity into his subdivision, Chaparro Estates. He said he and his neighbors will need to cross three lanes to turn left onto Williams Drive once TXDOT expands Williams Drive to five lanes. He asked for the Council's support to have a traffic light constructed. Sherry Campice, complained about the proposed turning route at the proposed intersection and said she has seen on a drawing that they will not be allowed to turn left to go back into Georgetown, only right. She said TXDOT has two roads stubbed in where there is a cave on her property and in front of her driveway. The public hearing was closed at 7:51 p.m. First Reading of an Ordinance Rezoning from RS, Single Family & RM -2, Dense Multi Family, to RP, Residential Planned, or more restrictive district, for 118.94 acres out of the Joseph Fish Survey, to be known as Heritage Oaks PUD, located at the corner of FM 2338 and Shell Road — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Benton read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Pfiester, second by Sansing to approve the ordinance on first reading. Approved 7-0. Public Hearing for Rezoning of 7.57 acres, out of Katy Crossing, Section 2, Block C, Lot 10 from RM -2, Dense Multi -Family to RP, Residential Planned, or more restrictive district, located at the southeast corner of FM 971 and Prairie Springs Lane -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray explained the item, and the public hearing was opened at 7:54 p.m. There were no comments. The public hearing was closed at 7:54 p.m. 4. First Reading of an Ordinance Rezoning of 7.57 acres, out of Katy Crossing, Section 2, Block C, Lot 10 from RM -2, Dense Multi -Family to RP, Residential Planned, or more restrictive district, located at the southeast corner of FM 971 and Prairie Springs Lane -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray read only the caption of the ordinance after having satisifed the requirements of the City Charter. Motion by Noble, second by Pfiester to approve the ordinance on first reading. Approved 7-0. AA Consideration and possible action on a Detailed Development Plan for Glasscock Addition, Block 6, portions of Lots 3 & 4, known as The Flower Box, located at 910 M.L.K. Boulevard, with variances to the Subdivision Regulations — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Benton explained the item and the variances. Motion by Evans, second by Navarrette to approve the Detailed Development Plan. Sansing asked if the cooler could be painted. Motion by Sansing to amend the motion that the cooler be painted. Susie Ramos told Council that it would be a building, not just a City Council Meeting Minutes/January 14, 2003 Page 7 of 8 Pages cooler. Sansing withdrew his amendment. Vote on the motion: Approved 7-0. BB Consideration and possible action on a Public Review Final Plat for 192.87 acres out of the J.W. Lockhart and A.S. Wade Surveys, to be known as Russell Park Estates, located on Twin Springs Road and County Road 262 — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Benton explained the item and noted that in the agenda item packet there was a summary of the studies done. Rebecca Whitaker of Bertram said she doesn't think the studies were done properly. She displayed a letter from a property owner that she said contained false information. She said she and her friends were wrongly accused of having been on the property. Jerry Rhine of Bertram said there are "sacred circles" on the property and said there will be drainage problems for anyone who develops the property. He showed Council evidence of the Tonkawa Indians having been on the property. Pfiester verified with the Mr. Whitney, the applicant, that he is designating a conservation area. Whitney claimed that the previous speaker was not truthful. Motion by Pfiester, second by Navarrette to approve the Public Review Final Plat. Jerry Rhine asked to speak again and claimed that Ms. Whitaker was not lying. Vote on motion: 6-1. (Sansing opposed) CC Consideration and possible action on a Public Review Final Plat of 10.482 acres in the Joseph Fish Survey, to be known as Woodlake Commercial Subdivision, located on Williams Drive at Shell Road — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Benton explained the item. Motion by Sansing, second by Noble to approve the Public Review Final Plat. Approved 7-0. DD Consideration and possible action on a Public Review Final Plat for a 23.51 acre tract in the F.A. Hudson, John Powell, and Ephriam Evans Surveys, to be known as Kelley Trust, Phase Five, located on the east side of IH 35 North of Gateway Drive, with a variance to the Subdivision Regulations -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services This item was pulled by the applicant. 8:15 p.m. -- motion to adjourn _. Ad The meeting was adjourned at 08:15 PM. Ap�tved f "Mayor ary Nelon City Council Meeting Minutes/January 14, 2003 Page 8 of 8 Pages Attes . II ity Secretary Sandra Le