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MIN 01.28.2003 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: Council Absent: Liorente Navarrette, Gabe Sansing, Doug Smith, Ken Evans Jack Noble, Sam Pfiester, Farley Snell Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager for Operations; Jim Briggs, Assistant City Manager for Utility Operations; Jo -Christy Brown, 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; Melissa McCollum, Development Planner Regular111111 IiiiiiiIIII111MI mignim Policy Development/Review Workshop - s to convene and continue Executive Session, Executive Session There was no Executive Session held at this meeting Regular Session D Call to Order Called to order at 6:02 p.m. E Pledge of Allegiance Mayor led the Pledge. 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. Mayor Nelon noted that Mayor Pro Tem Smith had represented the Council at the Shotgun House Dedication on Saturday, January 25. He displayed a plaque of appreciation from the Georgetown Cultural Citizens Memorial Association. G Announcements and Comments from City Manager Brandenburg made the following announcements: The Parks Department has received a $500,000 grant from the State for the Hike and Bike Trail and earlier received $200,000 from LCRA. There will be Joint Council Meetings with the Economic Development Commission at 5:00 p.m. and the Planning and Zoning Commission at 6:00 p.m. at Benold Middle School on Thursday, January 30. There will be a Community Leadership breakfast at Southwestern University at 7:30 a.m. on City Council Meeting Minutes/January 28, 2003 Page 1 of 11 Pages Friday, January 31. The Chamber of Commerce Banquet will be held on Friday, January 31, at the Sun City Ballroom. Tickets are still available at the Chamber office. The fire -damaged Chuck Wagon Restaurant at the corner of IH35 and Williams Drive is being torn down. H Citizens Wishing to Address Council Della Green, 1901 Vine Street, representing the TRG Neighborhood Association, regarding school bus stops. Green reported that the Track, Ridge, and Grasshopper {TRG} Neighborhood Association, Inc. recently received a grant of $500 from the Georgetown Project for school bus stops. She told Council that the Association wants to replace two bus stops at 17th and Railroad and 10th and Scenic. She said they have spoken with the School District and the School District is willing to work on design and construction, but there needs to be an Interlocal Agreement between the City and School District to allow those stops to be placed on city property. I Action from Executive Session There was no action from Executive Session. Consideration and possible action to approve the minutes from the Council Workshop on Monday, January 13, and the Regular Council Meeting on Tuesday, January 14, 2003 -- Sandra Lee, City Secretary K Final Plats 1. Consideration and possible action on a Short Form Final Plat of a resubdivision of Lot A, Amended Plat of Lots 15 & 16 of Westlake of the Woods, Phase 1A, to be known as Lake Georgetown Subdivision, located at Goldridge Drive and Goldridge Circle --Carla Benton, Development Planner and Amelia Sondgeroth, Director of Development Services 2. Consideration and possible action on Short Form Final Plat for 3.957 acres out of the David Wright Survey, to be known as Loper-Seebock Subdivision, located on FM 2338 (Williams Drive), with variances to the Subdivision Regulations -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services 3. Consideration and possible action on a Public Review Final Plat of a 22.07 acre tract in the John Powell and Ephriam Evans Surveys, to be known as Kelley Trust, Phase Four, located at Kelley Drive and Westinghouse Road — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Development Services 4. Consideration and possible action on a Public Review Final Plat of 3.42 acres, out of the William Addison Survey, to be known as University Vista, located on Highway 29 East, with a variance to the Subdivision Regulations — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Development Services 5. Consideration and possible action on a Public Review Final Plat of a resubdivision of Lot 10, Block C, Katy Crossing, Section Two, a Planned Unit Development, being 7.750 acres in the Antonio Flores Survey, to be known as Townhomes at Katy Crossing, located on the corner of FM 971 and Prairie Springs Lane, with variances to the Subdivision Regulations — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 6. Consideration and possible action on a Public Review Final Plat of a Resubdivision of Snyder's Addition, a portion of Block 42, being 0.62 acres, to be known as Adkins Subdivision, located on Maple Street — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services Motion by Noble, second by Sansing to approve the Consent Agenda in its entirety, including the findings of fact for Items 4 and 5. Approved 6-0. City Council Meeting Minutes/January 28, 2003 Page 2 of 11 Pages L Presentation and discussion regarding the City's new website -- Erin McDonald, Webmaster and Dennis Schoenborn, Director of Information Resources Schoenborn displayed the new website that will appear on February 1, 2003. M Consideration and possible action for the declaration of surplus computer equipment and authorizing staff to initially offer equipment to city employees in the form of an employee purchase plan -- Dennis Schoenborn, Director of Information Resources Schoenborn explained the proposal to sell the outgoing computer equipment to the City staff. He said that any equipment that is left will be auctioned. Navarrette asked for clarification to make sure that all employees would have an opportunity to purchase the p.c.'s, including those that don't use a computer everyday. Sansing, Snell and Noble agreed with Navarrette. When asked, Schoenborn said he thought 40% of the surplus equipment would be purchased by the using employees and 60% of the equipment would then be available for purchase by the remainder of the employees who don't use a computer while working for the City. Motion by Snell, second by Pfiester to approve, with the understanding that all employees would have an equal opportunity to purchase equipment. Approved 6-0. N May 3, 2003 General Election 1. Consideration and possible action to approve a proposal to modify the polling place designations to correspond to County Voter Precinct Numbers and add two additional Election Day polling places for City of Georgetown registered voters -- Sandra Lee, City Secretary and Tom Yantis, Assistant City Manager Yantis explained the item, saying that Williamson County Elections Administrator, John Willingham, had planned to attend the Council Meeting to answer questions, but had become ill and could not attend. He explained the proposed difference in the way the polling places would be designated according to county precinct numbers instead of single -member districts. He explained that if the School District contracts with the County, the costs could be split. It was clarified that although Village Elementary is listed as a proposed polling location, it will not be used because it has been determined that the Sun City Social Center, although split by school district lines, can, in fact, be used by the City of Georgetown. Navarrette said he didn't agree that his district should be split into two polling locations. He asked that Precinct 142 could be moved back to the Courthouse polling location instead of the Post Office. Motion by Noble, second by Navarrette to approve the proposed polling locations with the stipulation that as much of District 1 as possible be designated to vote at the Courthouse on Election Day. Approved 6-0. 2. Consideration and possible action to finalize the ballot propositions for a Charter Amendment Election -- Trish Carls, City Attorney Jo -Christy Brown reviewed the ballot language as had been discussed at the workshop on Monday night. She said based on the discussion at the workshop, she and Trish Carls understood there was an interest by the Council in allowing the voters to consider the specific amendments to the recall portion of the Charter individually, rather than as one item, with one exception, and that was with regard to the number of signatures required on the recall petition for a specific councilmember and who is entitled to vote in the election to recall that councilmember, which she said are related issues and would be put together as one amendment. She also noted that the items to be amended in order to be consistent with State law would also be combined as one ballot proposition. She asked Council to determine if she could go ahead and draft ballot language for the propositions. It was clarified that there would be one more opportunity to revise the language at the February 11 Council Meeting when the resolution ordering the election and containing the ballot language would be brought before the Council for consideration. There was clarification that the items concernng recall and referendum would be separate items. The items that would be joined together would be those that were necessary to be joined. Motion by Sansing, second by Noble to approve the proposed ballot language for the Charter amendments. Approved 6-0. O Awards of Bid 1. Consideration of an award of the annual bid for gasoline and diesel fuel to Truman Arnold Corporation in the estimated annual amount of $272,225.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration City Council Meeting Minutes/January 28, 2003 Page 3 of 11 Pages Rundell explained that this is a cooperative bid. Motion by Snell, second by Navarrette to approve the annual bid. Noble confirmed with Brandenburg that this was offered to GISD and the County but they declined to participate in a joint bid. Approved 6-0. 2. Consideration of an award of the bid for a diesel cab and chassis with a 55 -foot aerial device to Altec Industries in the amount of $101,411.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Rundell explained that this purchase is a part of Internal Service Fund schedule replacing a 1989 aerial unit. Motion by Pfiester, second by Sansing to approve the award of bid. Approved 6-0. P Consideration and possible action to purchase a Vacuum/Sewer truck from Underground Services, Inc. via the Houston -Galveston Area Council (H -GAC) for a total of $216,971.06 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained that the purchase of a used sludge hauling truck for $45,000 would have been a part of the OMI contract, but after investigating the vehicle, being 9 years old, it was decided to investigate the purchase of a new vehicle for $105,000, but it had limited ability. The truck being proposed will perform multiple functions that are now being paid for through an outside contractor. The sources of funds to purchase this truck are from: OMI contract, revenue from Cimarron Hills operations, and retirement of a 13 -year old sewer truck. Pfiester noted that the GUS Board approved the purchase. Motion by Smith, second by Pfiester to approve the purchase. Approved 6-0. O Consideration and possible action to approve a contract amendment between the City of Georgetown and Roming, Parker, Kasberg, L.L.P. (RPK) for professional services relating to the design of the Shell Road Water Line Extension of the West Loop Project -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item. Motion by Pfiester, second by Sansing to approve the contract amendment. Approved 6-0. R Consideration and possible action to authorize additional funding not to exceed $15,000 to implement a training curriculum focused on minimizing liability risks associated with workplace safety and supervisory skills -- Carla Bourland, Director of Human Resources Bourland explained that the previous reduction in the training budget is not allowing sufficient training for city employees. Sansing suggested that the Assocation of General Contractors would provide "construction -related" training free to members. Bourland noted that some training is being taken from TML and Texas Workers Compensation. She suggested that it would be advantageous to continue using the same trainer for superivsory training, but will look into lower costs on some of the other training. Brandenburg noted that the City would be open to exposure for certain areas if proper training is not given. Motion by Sansing, second by Smith to approve the authorization for additional funding to be funded from the sources listed on the agenda item cover sheet and that staff will notify Council as to which sources would be tapped. Approved 6-0. S Discussion and possible action to approve a budget and a funding source for expenses related to the implementation of Firefighter Civil Service for fiscal year 2002-03 -- Tom Yantis, Assistant City Manager Yantis noted there were expenses for training, furniture, supplies, and additional human resources staff associated with complying with State law regarding the implementation of civil service. He suggested and explained the following three funding options and asked Council to designate those funds: (1) Use of funds from the legal contingency account/ (2) approval of a budget amendment appropriating funds from fund balance; or (3) use of funds from the Council Contingency Account. Motion by Navarrette, second by Smith to use source option (2) to implement the Firefighter Civil Service. Approved 6-0. T Consideration and possible action to direct staff to determine whether the projections of based aircraft for 2006 and 2011 at the Georgetown Municipal Airport, as stated in Chapter 2 of the FAR Part 150 Noise Compatibility Study, can be revised -- Councilmembers Farley Snell and Sam Pfiester Pfiester explained that he had voted against completing the Noise Study in August, but has further investigated the issue and is now in favor of revising to cap, as legally possible, the additional hangar and City Council Meeting Minutes/January 28, 2003 Page 4 of 11 Pages storage space. He said he believes the original maps were inaccurate. He asked for Council to authorize staff to request that Coffman and Associates revise the maps. Howard Fomby, 30410 Berry Creek, told Council he wanted to cover some key issues before the workshop scheduled for February 10. He said the key problem is not the noise modeling. He claimed that the forecasted aviation operations were inaccurate. He said the City should not pay for the forecast unless it is corrected. Kathy Heidemann, 407 Golden Oaks Drive, told Council she supports changinig the contour lines, but also wants the Master Plan revised. Don Dison, 607 Esparada, told Council he supports the item. John Cogan, 319 Champions Drive, asked that no action be initiated regarding the noise study. He said no demand has been presented. He said the FAA regulations say Part 150 is a completely voluntary program. He suggested using software to run inventories and projections. Snell said there is a reason to use the noise study as a base to which future data can be compared. Sansing said he doesn't think the citizens of Georgetown should have to pay for the study if it is inaccurate. He also said giving up the study would not allow the neighboring citizens to apply for noise mitigation. Snell said the project is about to be formally concluded. Navarrette said he thinks the $208,000 should be paid from the Airport Fund. He asked Snell to explain the next step in the process. Snell said certification of the maps would be the next step if the numbers come back satisfactorily. Noble said when Council gets to that point, he would like for the City Attorney to explain the consequences of accepting the maps. Motion by Sansing, second by Pfiester to direct staff to determine whether the projections of based aircraft for 2006 and 2011 at the Georgetown Municipal Airport, as stated in Chapter 2 of the FAR Part 150 Noise Compatibility Study, can be revised. Approved 6-0. U Item Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC) Consideration and possible action to authorize staff to proceed with discussions on the State Highway 29/Inner Loop proposed plan with the appropriate governmental bodies regarding planning and financing of the project and to report back to Council the results of discussions -- Jim Briggs, Assistant City Manager for Utility Operations and Paul Brandenburg, City Manager Briggs explained that there is ongoing discussion regarding drainage and traffic issues, especially the impact of the increased traffic on State Highway 29 to the historic district, businesses and churches. He said SH 130 could potentially increase the amount of heavy truck traffic down University heading west. He said one of the alternatives is to take over the maintenance and responsibility of certain state highways that go through Georgetown and in return get participation from TXDOT for completion of the Inner Loop to re-route the increased traffic. He said the City would take over maintenance and drainage mitigation on University, Church and Austin Avenue. He noted that GTEC recommends moving forward. Nelon noted that there have been some successful meetings with Sen. Steve Ogden, Chair of the Infrastructure Committee (including transportation). Brandenburg noted that Council doesn't need to approve contracts tonight, just approve getting started on the process. Steve Dellet, 528 River Down Road, spoke to Council on behalf of neighbors and friends in Georgetown who have signed a petition opposing the proposed routing of the Inner Loop because it would be too close to the homes in River Ridge Subdivision. He said they have requested that a specific portion of the Inner Loop be re-routed. He said he thinks alternative routes have not been fully investigated. Noel Glucksman, 400 Steeplechase Drive, asked that the Council solicit bids from qualified road construction companies instead of using city crews as on the repair of the Inner Loop at Highway 29. Pfiester noted that the City will also be responsible for purchasing the right of way as well as the maintenance of the state highways within Georgetown. He said no specific route has been determined at this point. Smith said that routing was proposed 15 years ago before First Baptist Church, Church of Christ, and River Ridge Subdivision were there. He said he would like to go forward with a Highway 29 By-pass instead of calling it Inner Loop. Motion by Snell, second by Pfiester to approve authorizing staff to proceed. Motion by Smith, second by Pfiester to amend the previous motion to refer to it as the Highway 29 By-pass instead of Inner Loop. Approved 6-0. Vote on original motion: Approved 6-0. City Council Meeting Minutes/January 28, 2003 Page 5 of 11 Pages V Second Readings 1. Second Reading of an ordinance providing for the annexation into the City of 15.83 acres, more or less, in the David Wright Survey, located at the southeast corner of the intersection of FM 2338 (Williams Drive) and Cedar Breaks Road -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Nelon asked Polasek to cover Items V-1, V-4, and X-2 at the same time because they pertain to the same area. Polasek read only the caption of the ordinance on second reading. Motion by Smith, second by Sansing to approve Ordinance No. 2003-08. Approved 6-0. 4. Second Reading of an Ordinance Rezoning 15.832 acres out of the David Wright Survey No. 13 from "A", Agricultural to "C-1", Local Commercial, or more restrictive district, located at the southeast corner of Williams Drive (FM 2338) and Cedar Breaks Road (4300 Williams Drive) — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services. Ray read only the caption of the ordinance on second reading. Motion by Sansing, second by Noble to approve Ordinance No. 2003-11. Approved 6-0. Y-1 Consideration and possible action on Public Review Final Plat for 15.719 acres out of the David Wright Survey, to be known as Eckerd's at Cedar Breaks, located on the south corner of Williams Drive and Cedar Breaks Road -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services McCollum read only the caption of the ordinance on second reading. Motion by Sansing, second by Smith to approve the Public Review Final Plat. Approved 6-0. X-2 Consideration and possible action on a Detailed Development Plan for 3.5 acres out of the David Wright Survey, to be known as Eckerd Drugs Retail Development, located on the south corner of Williams Drive and Cedar Breaks Road, with variances to the Subdivision Regulations — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services McCollum explained the item. David Munk explained the variances. There was discussion regarding the proposed County extension of Cedar Breaks Road. Munk noted that the Planning and Zoning Commission recommends three cuts, but the staff would prefer only two curb cuts. Don Martin, the applicant, told Council that Eckerds originally requested two driveways, but one has been removed, and they have agreed to a large buffer, saving trees. Pfiester and Noble commended Martin for the design layout and considerations. Motion by Sansing, second by Noble to approve the Detailed Development Plan, including all three curb cuts, thereby approving the Findings of Fact as noted in the agenda packet for this item. Approved 6-0. V2. Second Reading of an ordinance providing for the annexation into the City of 100.00 acres, more or less, in the William Addison Survey, east of the proposed Maple Street extension and south of Inner Loop -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek read only the caption of the ordinance on second reading. He explained the improved method of reviewing the metes and bounds. He said there also is a draft fiscal impact model now being used for all annexations. Rundell explained the model, saying it is based on a per capita cost per resident. Smith noted that annexing this area will cost the city approximately $156,000 per year, but that doesn't necessarily give reason not to annex. He said the fiscal impact model will give the Council more information to use as a tool in the future. Asked by Pfiester, Briggs explained that the water line sizes, as required by the Master Plan, are being provided, as well as what has been modeled as being needed for wastewater. City Council Meeting Minutes/January 28, 2003 Page 6 of 11 Pages Motion by Pfiester, second by Smith to approve Ordinance No. 2003-09. Approved 4-2. (Noble and Sansing opposed) Second Reading of an Ordinance Rezoning 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 Dane -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray read only the caption of the ordinance on second reading. Motion by Pfiester, second by Sansing to approve Ordinance No. 2003-10. Approved 6-0. 4. Second Reading of an Ordinance Rezoning 15.832 acres out of the David Wright Survey No. 13 from "A", Agricultural to "C-1", Local Commercial, or more restrictive district, located at the southeast corner of Williams Drive (FM 2338) and Cedar Breaks Road (4300 Williams Drive) — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services. This item was handled earlier 5. Second Reading of an ordinance Rezoning of 118.94 acres out of the Joseph Fish Survey, to be known as Heritage Oaks PUD, from RS, Single Family & RM -2, Dense Multi Family, to RP, Residential Planned, or more restrictive district, 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 on second reading. Motion by Pfiester, second by Sansing to approve Ordinance 2003-12. Approved 6-0. Y-2 Consideration and possible action on Public Review Final Plat for 15.719 acres out of the David Wright Survey, to be known as Eckerd's at Cedar Breaks, located on the south corner of Williams Drive and Cedar Breaks Road -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services Benton explained the item, saying that it is a Planned Unit Development of 398 single-family residential lots that enhances the preservation of trees and green space and is a reduction from the plan that was previously approved for 800 units. Motion by Sansing, second by Smith to approve the Public Review Final Plat. Approved 6-0. 8:10 p.m. -- recessed 8:20 p.m. -- resumed W Public Hearings and First Readings 1. Public Hearing to consider Rezoning 100 acres out of the William Addison Survey from A, Agricultural to RS, Residential Single-family, or more restrictive district, located South of the Inner Loop and east of the future extension of Maple Street -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray explained the purpose of the item. The Public Hearing was opened at 8:21 p.m. There were no comments. The Public Hearing was closed at 8:21 p.m. First Reading of an Ordinance Rezoning 100 acres out of the William Addison Survey from A, Agricultural to RS, Residential Single-family, or more restrictive district, located South of the Inner Loop and east of the future extension of Maple Street -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services. Ray read the caption only of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Snell, second by Smith to approve the ordinance on first reading. Noble said he is opposed to this development because it will be costly to the City. Pfiester said he agrees with Noble and said it is a "leap frog," but he will support the rezoning because the developer is oversizing the lines which will promote "fill-in" and because there is no complete annexation procedure in place, and it would be unfair to punish the developer for that reason. City Council Meeting Minutes/January 28, 2003 Page 7 of 11 Pages Sansing said he also feels an annexation policy needs to be put in place as soon as possible, but he will support this item. Pfiester noted that this area is not in the City electric service area. Motion by Navarrette, second by Pfiester to approve the ordinance on first reading. Approved 4-2 (Noble and Sansing opposed). First Reading of an ordinance for a Century Plan Amendment of 100 acres out of the William Addison Survey, to be known as The Pinnacle, to change from Intensity Level 2 to intensity level 4, or any more restrictive classification, located south of the Inner Loop and east of the future extension of Maple Street — David Munk, Development Engineer and Amelia Sondgeroth, Director of Planning and Development Services. Nelon reminded Council that this item requires a majority plus one affirmative vote. Munk explained the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Pfiester, second by Smith to approve the intensity change on first reading. Approved 5-1. (Noble opposed) 4. Public Hearing to consider Rezoning . 3122 acres, out of the Lost Addition, Block 65 (SW) and .1286 acres out of the Lost Addition, Block 65 (NW), from R -S, Residential Single-family to C -2A, Commercial First Height, or more restrictive district, located on the east side of Rock Street between University Avenue (south) and 11th Street (north) — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray explained the purpose of the item. Ray noted that a 3/4 favorable vote would be required. The Public Hearing was opened at 8:43 p.m. Will Moore, 507 Walnut Street, told Council he is opposed to the rezoning. He said the homes that will be destroyed define the character of Georgetown and they should be preserved. He said Planning and Zoning voted unanimously to disapprove this rezoning application. Denise Wade, 1102 Rock Street, told Council she lives directly opposite the lots for the rezoning. She asked to know the plan for what will go there before the zoning is changed. Jim Dillard, 1404 Maple Street, told Council he represents the Georgetown Heritage Society and they oppose the rezoning due to the proximity to the Belfort National Historic District, the Georgetown Historic District, and the Downtown Business District. He said both of the houses qualify as historic structures, based on the age of construction. He gave documentation to Council that he said shows that Walgreens has a policy throughout the country of destroying historic structures. Renee Hanson, 1252 Austin Avenue, representing the Heart of Georgetown Association Board, said this rezoning is premature. She said if Mr. Ross is not able to get Walgreens to use this location, the two properties could be sold to anyone else for retail uses which would also affect Rock Street, which means that the historic home would be put "at risk" due to the speculative nature of the project at this time. She asked that the rezoing request be deferred until the project has been approved by the HARC Commission. Terry Irion, attorney representing the applicant, said he doesn't think single-family residential development is the appropriate use for the two parcels on Rock and 11th Street. He said this property is in the downtown overlay zone and 2/3 of the property is already zoned C -2A. He said the Planning and Zoning Commission acted upon C -2A zoning without any conditional overlay, and it was not suggested to the applicant that he could offer any restrictions on the C -2A use until after the Planning Commission had already taken its vote. He said he and the applicant are in full agreement with the draft ordinance as proposed by the City Attorney, which limits the more intensive retail uses, like automotive sales and heavy equipment sales. He said the two houses will not be destroyed. He said the Anderson house is to be moved and given to Habitat for Humanity and the Berkman house is to be moved, restored and preserved as an office building. He said Mr. Ross, the applicant, is in favor of coming up with a plan that everyone approves, but not without the appropriate zoning having been approved. He said there are other uses that could be developed on this property other than Walgreens. He said if Council votes "no" tonight, the two houses will not be moved and preserved. He said if the zoning is denied, the project is dead and the gateway will be what it is today with 2/3 unoccupied. He said the applicant is eager to work with the HARC and others, but needs the zoning first. City Council Meeting Minutes/January 28, 2003 Page 8 of 11 Pages Jim Ross, applicant, said he has developed 10 Walgreens stores in the central Texas area. He said each community has a different process involving land use and engineering. He said Georgetown has adopted a third part of that which is architectural design, which has never been dealt with before. He said they have not been successful in getting a certificate of design compliance. He said he was not involved in the design of the previously approved Walgreens store on Williams Drive. He said the Walgreens Corporate Office wants to know if they will be accepted in Georgetown, thereby asking for the rezoning before they go any further in the process. Smith asked Ross if he, in fact, will not comply with the guidelines as was reported in the newspaper. Ross said he thinks he told the newspaper that he was not optimistic, but has since become more optimistic. He said they will go back and try again. He said on February 17, he is scheduled to go before the Walgreens Committee in Dearborn, Michigan to review a "radical" design he will propose for this location. Sondgeroth said HARC approval would be required for anything done to those buildiings, either demolition or removal. Noble said he was unaware of the Anderson house going to Habitat for Humanity. Council received clarification that, normally, zoning comes first before going to the HARC. Pfiester asked if deferring this decision for another 30 days would create a hardship for Walgreens. He suggested it would give time for the Council to consider the concerns of the people who have spoken this evening. Navarrette recalled a previous Council decision where the Council declined to rezone for a request to add an additional kitchen unit to accomodate an independent lifestyle for an elderly parent. He said he is inclined not to vote in favor of rezoning in a residential area. Larry Berkman, on behalf of his father who lives in one of the houses in question, said all they're asking is to allow the Berkman property to be zoned in a way that is consistent with the surrounding properties. He said he doesn't feel that the surrounding area can be considered residential. He said the Council is asking his father to live next door to whatever goes in on that corner. He said his father was born in that house and will be 90 years old in about a month. He said his grandfather built the house and his great grandfather was a member of this community. He asked that Council approve the change in zoning. Dutch Cochran, co-owner of the property at 1103 Rock Street, asked that the property be zoned in a way that is fitting with the area around it. He said the property should be zoned commercial. Wanda Cochran, co-owner of the property at 1103 Rock Street, told Council she supports the applicant. Carol Ross, 1103 Rock Street, asked Council to accept the rezoning for the two houses on Rock Street. Travis Collins, 1103 Rock Street, said he supports the rezoning so the process can be continued. Dorothy Batis, 603 Luther Drive, told Council she supports Mr. Ross Michael J. Ross, 1103 Rock Street, told Council he supports the rezoning. Jo Ann Long, 105 Turtle Bend, told Council she supports supports the rezoning The Public Hearing was closed at 9:32 p.m. 5. First Reading of an Ordinance Rezoning. 3122 acres, out of the Lost Addition, Block 65 (SW) and .1286 acres out of the Lost Addition, Block 65 (NW), from R -S, Residential Single-family to C -2A, Commercial First Height, or more restrictive district, located on the east side of Rock Street between University Avenue (south) and 11th Street (north) — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray read only the caption of the ordinance on first reading after having satisifed the requirements City Council Meeting Minutes/January 28, 2003 Page 9 of 11 Pages of the City Charter. Nelon said he sees this as a problem that will occur over and over as the City deals with downtown property. He said the process right now is that the Council first approves rezoning without knowing what will go on the property. He said he wished there were a way to come to resolution to reach a "middle ground" that everyone would agree upon. Sansing suggested the two houses should be given RM -3, if the Walgreens does go in there. Navarrette encouraged people to speak to Williamson County about what will go in that location. Snell said he doesn't think this is a clear question of land use, but a transitional effect, and recalled an issue involving the First Methodist Church acquiring surrounding property. Doug Smith reminded Council that this motion takes unanimous approval. Motion by Smith, second by Noble to approve the rezoning. Smith said he has confidence in the Historic Architectural Review Commission (HARC) to meet the challenge. He said he thinks this is an opportunity to say this is the type of commercial development that is wanted in Georgetown. Noble and Sansing also expressed that they would approve. Snell expressed that he is uneasy that if the Walgreens doesn't go through, there would be three more parcels zoned commercial. Navarrette reminded Council that currently decisions appealed from HARC go on to District Court, not back to Council. Vote on the motion: Tied 3-3. Smith, Noble and Sansing approved. Navarrette, Pfiester, and Snell opposed. The motion failed due to the lack of a 3/4 vote in the affirmative. Public Hearing to consider Rezoning 1.83 acres within Berry Creek Section 5 from C-1, Local Commercial to RS, Residential Single -Family, or more restrictive district, located on the west side of S.H. 195 north of Berry Creek Drive / Airport Road — Bobby Ray, Development Planner and Amelia Sondgeroth, Director of Development Services Ray explainied the item. The public hearing was opened at 9:53 p.m. The public hearing was closed at 9:53 p.m. First Reading of an Ordinance Rezoning 1.83 acres within Berry Creek Section 5 from C-1, Local Commercial to RS, Residential Single -Family, or more restrictive district, located on the west side of S.H. 195 north of Berry Creek Drive / Airport Road — Bobby Ray, Development Planner and Amelia Sondgeroth, Director of Development Services Ray read only the caption of the ordinance on first reading. Motion by Pfiester, second by Navarrette to approve the ordinance on first reading. Sansing said he doesn't think more residential zoning should be approved instead of commercial zoning near the airport. Approved 4-2 (Snell and Sansing opposed) X Detailed Development Plans 1. Consideration and possible action on a Detailed Development Plan for Lot 1, PW Properties, located on FM 2243 (Leander Road), with variances to the Subdivision Regulations — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Development Services Benton reminded Council that this item had come to Council previously and Council had requested a different design. She said the applicant has reduced the variances and revised the design. She said the Planning and Zoning Commission and staff are recommending approval. Motion by Snell, second by Sansing to approve the Detailed Development Plan. Approved 5-1. (Smith opposed) 2. Consideration and possible action on a Detailed Development Plan for 3.5 acres out of the David Wright Survey, to be known as Eckerd Drugs Retail Development, located on the south corner of Williams Drive and Cedar Breaks Road, with variances to the Subdivision Regulations — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services City Council Meeting Minutes/January 28, 2003 Page 10 of 11 Pages This item was handled earlier following Item V-4 Y Final Plats 1. Consideration and possible action on Public Review Final Plat for 15.719 acres out of the David Wright Survey, to be known as Eckerd's at Cedar Breaks, located on the south corner of Williams Drive and Cedar Breaks Road -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services This item was handled earlier following Item V-4. 2. Consideration and possible action on a Public Review Final Plat 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 Development Services This item was handled earlier following Item V-5. 10:00 p.m. -- adjourned The meeting was adjourned at 10:00 PM. Appraved ayor ry Nelon City Council Meeting Minutes/January 28, 2003 Page 11 of 11 Pages Attest-/-, � _- Ham? City Secretary Sandra Lee The 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: Gabe Sansing, Doug Smith, Jack Noble, Sam Llorente Navarrette Pfiester, Farley Snell, Ken Evans Staff Present: Paul Brandenburg, City Manager; Trish Carls, City Attorney; Sandra Lee, City Secretary; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager; Amelia Sondgeroth, Director of Development Services; Micki Rundell, Director of Finance and Administration Called to order at 4:00 p.m. A Discussion regarding Boards and Commissions -- Mayor Gary Nelon Mayor Nelon led a board -by -board discussion regarding appointments to fill the expirations and occasional revisions to establishing ordinances, such as quarterly meetings for the Economic Development Commission. B Discussion of draft ballot propositions for Charter Revision Election -- Trish Carls, City Attorney Carls reviewed the proposed ballot language. Council generally preferred the proposed alternate language for the recall section. C Council Calendar - Regular Council Meeting on Tuesday, January 28, 2003, at 6:00 p.m. at Carver Elementary School, 1200 W. 17th Street - Special Called Joint Meeting of the Council and the Planning and Zoning Commission for a Public Hearing on the Unified Development Code, Thursday, January 30, 2003, at 6:00 p.m. at Benold Middle School, 3407 Northwest Blvd. - Joint Meeting with the Georgetown Independent School District (GISD) Board of Trustees, on Thursday, February 13, 2003, at 6:30 p.m. at the Board Room of the GISD Administration Building, 603 Lakeway - Council Workshop on Monday, February 10, 2003, at 4:00 p.m. - Regular Council Meeting on Tuesday, February 11, 2003, at 6:00 p.m. at Benold Middle School, 3407 Northwest Blvd. 5:15 p.m. -- recessed 5:21 p.m. -- convened Executive Session Executive Session D Sec.551.071 consultation with attorney City Council Meeting Minutes/January 27, 2003 Page 1 of 2 Pages - Pending Litigation - Matthew Painter and Brian Grubbs, Plaintiffs v. David Morgan, Individually and in his Official Capacity as Chief of Police of the Georgetown Police Department; Robert Hernandez, Individually and in his Official Capacity as Captain of the Georgetown Police Department; Gary Todd Terbush, Individually and in his Official Capacity as Lieutenant of the Georgetown Police Department; Georgetown Police Department- and the City of Georgetown, Defendants, Cause No. A03-CA-014JN, In the United States District Court for the Western District of Texas, Austin Division. - Potential Litigation Del Webb regarding Development Agreement - CTSUD regarding Water Quality Land Application for Proposed Permit No. 14371-001 before the TCEQ - Code Enforcement Actions - Legal Advice regarding agenda items E Sec.551.086 competitive matters - City Council will go into Executive Session under Chapter 551 of the Texas Government Code to discuss matters or take action on a 'competitive matter" of the Energy Services Department as provided for under Section 551.086 - Results and recommendations from the Electric Rate Study recently completed by McCord Engineering 7:59 p.m. -- returned to Open Session and Adjourned Qu The meeting was adjourned at 07:59 PM. Approved p ' 4F ayor.� ary Nefon City Council Meeting Minutes/January 27, 2003 Page 2 of 2 Pages Attest f' r' City Secretary Sandra Lee