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MIN 02.28.2003 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: Llorente Navarrette, Gabe Sansing, Doug Smith, All Council present Jack Noble, Sam Pfiester, Farley Snell, Ken Evans Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Trish Carls, City Attorney; Sandra Lee, City Secretary; Amelia Sondgeroth, Director of Planning and Development Services; Micki Rundell, Director of Finance and Administration; Eric Lashley, Library Services Director; David Munk, Development Engineer; Bobby Ray, Chief Current Planner; Glenn Dishong, Water/Wastewater Service Manager; Mark Miller, Transportation Services Manager Policy Development/Review Workshop Regular Session to convene and continue Executive Session, if necessary Executive Session There was no Executive Session held at this meeting. Regular Session B Call to Order -- The meeting was called to order at 6:00 p.m. C Pledge of Allegiance -- The Mayor led the Pledge. D 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. He announced that Item Z-3 would be moved to the beginning of the Regular Agenda. Announcements and Comments from City Manager Paul Brandenburg made the following announcements: Georgetown Utility Systems has received the Community Service Award from the American Public Power Association for the Safe Place Program. Georgetown is not one of the four communities being considered for the race track project. The Georgetown Girls Basketball Team beat Fort Bend Hightower in the State Semi -Final game today and will play the State Championship game tomorrow against State 5A Champion, Duncanville. Citizens Wishing to Address Council B. Keith Peshak, 800 Oak Crest Lane, regarding "how Sam Pfiester and Farley Snell saved Don Dison City Council Meeting Minutes/February 28, 2003 Page 1 of 12 Pages $600,000 in city impact assessment fees while supporting the construction of a new Air Transportation Center at the Georgetown Airport." Peshak shared his opinion about the operations of the Georgetown Municipal Airport. G Action from Executive Session There was no action from Executive Session. H Consideration and possible action to approve the minutes from the Council Workshop on Monday, February 10, the Special Meeting on Tuesday, February 11, at 5:00 p.m., the Regular Council Meeting on Tuesday, February 11, and the Special Meeting on Thursday, February 18, 2003 -- Sandra Lee, City Secretary Pfiester corrected the Minutes of the Special Meeting on the UDC on Tuesday, February 11, saying that "Clean -Up" items 1 and 1A should be listed under "Bring back in six months." I Consideration and possible action to authorize the application for a cooperative grant with Georgetown Independent School District (GISD), in an amount not to exceed $50,000, from the Institute of Museum and Library Services, under the provisions of the Library Services and Technology Act as administered by the State of Texas -- Eric Lashley, Director of Library Services J Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Report for both the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the quarter ended December 31, 2002 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Keith Peshak, 800 Country Club Lane, said he questions that financial reports from the Airport are not made public, so therefore, he questioned the City's Quarterly Financial Report. K Consideration and possible action to approve a resolution revising the current City of Georgetown Investment Policy -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Keith Peshak suggested he knew where the City could pick up a "quick $500,000," saying the City could make money by building the hangars at the airport rather than approving a lease and allowing someone else to build them. L Consideration and possible action to accept a report of the independent audit of all accounts of the City, report to management and single audit reports for the fiscal year ended September 30, 2002 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration M Consideration and possible action to approve a resolution amending the 2002/03 Georgetown Transportation Enhancement Corporation budget in the amount of $30,725 -- Micki Rundell, Director of Finance and Administration N Consideration and possible action to approve an agreement for investment advisory services with Valley View Consulting, L.L.C. not to exceed $9,000.00 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Evans questioned the value and need for these services. Rundell explained that the City has used this consulting company for the last four years. She said the City would be charged on a "per transaction" basis, not to exceed $9,000. O Consideration and possible action to award the bid for an all purpose crawler to All Weather Equipment and Power Sports in the amount of $65,210.00 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance and Administration Navarrette asked for an explanation regarding the difference between the bids from Holt and All Weather Equipment. Paul Pausewang explained that the Holt bid was for a much smaller machine. P Contract Amendments 1. Consideration and possible action to approve a contract amendment between the City of Georgetown and Roming, Parker, and Kasberg, LLP (RPK) for professional services relating to the City Council Meeting Minutes/February 28, 2003 Page 2 of 12 Pages design of the Lakeway Wastewater Improvements Phase I project -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 2. Consideration and possible action to approve a contract amendment between the City of Georgetown and Roming, Parker, and Kasberg, LLP (RPK) for professional services relating to the design of Golden Oaks — 8th & Church Wastewater Improvement Project -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Q Final Plats 1. Consideration and possible action on a Public Review Final Plat of 1.064 acres in the Joseph Fish Survey, to be known as Woodlake Subdivision, Phase 2, located on Williams Drive, west of Shell Road — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 2. Consideration and possible action on a Public Review Final Plat of 120.59 acres in the Lewis, P. Dyches Survey, to be known as Walnut Springs Subdivision, located at the intersection of CR 261 and FM 3405 — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 3. Consideration and possible action on a Short Form Final Plat for a resubdivision of Shell Addition, the northeast portion of Block 6, being 0.33 acres, to be known as LMA Subdivision, located at 807 3rd Street — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services 4. Consideration and possible action on a Short Form Final Plat for 9.2719 acres out of the Garcia Survey, to be known as the Markham Tract, located on CR 152, with variances to the Subdivision Regulations — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Motion by Sansing, second by Smith to approve the Consent Agenda with corrections to the Minutes of the Special Meeting. Approved 7-0. Z- ` . 1 • - 1. • s Z-3 First Reading of an Ordinance adopting the Unified Development Code (UDC) — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Sondgeroth read the caption only of the ordinance after having satisfied the requirements of the City Charter. She also read into the record the recommendation from the Planning and Zoning Commission: The Planning and Zoning Commission recommends approval of the UDC and suggests that the following items be taken under special consideration: 1. Keep the provisions with regards to the Gateway Overlay District (Sections 4.08 and 8.06) eliminating the '/2 mile provision of 4.08.010(A) and set up a task force of citizens to review this section and bring forward a recommendation to the Planning and Zoning Commission and City Council 6 months from the adoption of the code; 1 a. Keep the provisions with regards to the Courthouse View Protection Overlay District (Section 4.09) set up a task force of citizens to review this section and bring forward a recommendation to the Planning and Zoning Commission and City Council 6 months from the adoption of the code; and, 1 b. Delete the provisions of Section 11.04.010 (A) regarding the prohibition of hazardous / toxic materials over the Acquifer and set up a task force of citizens to review this language and bring forward a recommendation to the Planning and Zoning Commission and City Council 6 months from the adoption of the code. 2. That Section 11.06 Indemnification be deferred for additional legal review and brought back for further review 6 months from the adoption of the code. 3. That Section 12.03.030 B. Connectivity Ratio requirement be changed to a 1.20 ratio including the following language: "unless the Director of Development Services determines that this requirement is impractical due to topography and/or natural features". 4. That Section 12.03.050 (B) Required Access Points be amended to require the following: 2 access points for 99 lots or less; 3 access points for 100 to 299 lots; and, 4 access points for over 300 City Council Meeting Minutes/February 28, 2003 Page 3 of 12 Pages lots. 5. That the issue regarding light pole mounted banners for non -civic uses be brought for review, with the development of specific standards, within 6 months from the adoption of the code. 6. That Sections 3.08.010 (E) and 3.08.050 (B) having to do with the leasing or offering for sale of property be deleted. 7. That Sec. 10.03.020 (G) be modified to remove restrictions in size for political signs. 8. That the number of receptions, weddings, and parties under the Temporary Use Permit (TUP) provision of Section 5.02.140 (13)(1)(d) be limited to six (6) per calendar year and clarify that these are for inside events. 9. That the adopting ordinance require a review of the entire ordinance with possible amendments one year from the date of adoption. 10. That there be a special provision in Chapter 6 to exempt landscape lots, median lots, access lots, utility lots from the minimum lot size requirement. 11. That site plan expiration of Section 3.09.060 be changed from 12 months to 24 months. 12. Look at Sections 6.01.030 (B) to ensure that zoning is not occurring in the ETJ. 13. Section 13.05.020(C)(1) be amended to change the grade slope requirement from five percent to twenty percent for parkland credit. 14. Include the requirement for an avigation easement consistent with the existing Subdivision Regulations, including the required language of the easement. 15. Amend Section 14.04.010(a)(1) to allow the reconstruction of nonconforming structures damaged by natural or accidental causes to the extent of more than 50 percent of the value of the structure on the date of the damage, provided that reconstruction commences within six months from the date of the damaging event. 16. Eliminate the 110% parking cap of Section 9.02.020. 17. Commend to the City Council that they review the impervious cover provision at First Reading and at the one-year review. Renee Hanson, 1252 Austin Avenue, spoke as the Chair of the Heart of Georgetown Association, regarding the restriction of the number of events for Bed and Breakfast facilities. She said she would like to see a limit of six and not an increase to twelve events per year. Mel Pendland, 30207 Oak Tree Drive, spoke as President of the Georgetown Chamber of Commerce, against the prohibition of the use of toxic materials over the Edwards Aquifer Recharge Zone. He said the ordinance, as currently stated, would discourage new industry. He read suggested language, as follows: "all sites, regardless of zoning classification, that are subject to the Unified Development Code, shall comply with applicable state and federal regulations governing the manufacture, use and disposal of hazardous and toxic materials. The City of Georgetown reserves the right to conduct inspections, and to notify the appropriate governing authority of violations of such regulations in order to ensure compliance therewith." Regarding the connectivity ratio, he said that the current language prohibits cul-de-sacs. He suggested keeping the current language, including the ratio, provided the Council consider dropping cul-de-sacs from the calculation. Regarding impervious cover, he suggested that if Georgetown is to be competitive, sites for industrial property need to be made available. He said the 50% limit, even with the opportunity to increase with "best management practises" is insufficient for industrial property. He urged that the current 80% impervious cover provision be used. With regard to retail and commercial space, he suggested a policy that encourages compliance with the land use plan, at 60% impervious cover with the opportunity to add 15% through "best management practises" on those properties that are developed in accordance with the land use plan locations for retail and commercial development. Steven Shepherd, 406 Riverdown Road, spoke to Council regarding water quality issues and impervious cover. He said he is opposed to increasing the levels in the ordinance due to possible damage to the Aquifer. He distributed charts showing a direct relationship between impervious cover and pollution of water supplies. He said waivers should not be allowed. Evans asked and Shepherd responded that he is employed by the Texas Commission on Environmental Quality. Marjorie Herbert, 1246 Main Street, spoke to Council regarding the importance of regulations for impervious cover, connectivity, hazardous materials, and parking. Henry Carr, 119 Yaupon, said it is important that economic development is successful and said the UDC could be used as a weapon to ensure that success. He said there needs to be a common vision in Georgetown. He cautioned the Council not to promote "uncertainty." He said he has concern about specific provisions. He said those that are undeterminable should be left out for now. He said to remove the hazardous materials clause because there is already protection from state and federal rules. He said he would accept the Planning and Zoning Commission's recommendation for connectivity and access City Council Meeting Minutes/February 28, 2003 Page 4 of 12 Pages points. He would "fix" the provisions for parking lots to provide for big entertainment facilities and would raise the base numbers for impervious cover and add more percentage points to reward developers for doing "the right thing." At Navarrette's request, he gave Council a comparison of the code restrictions from San Antonio. He said the 900 -page, as yet incomplete, UDC for San Antonio does not mention impervious cover. He said it references their exisiting city code where it is clearly addressed and contains an "open invitation" for negotiation. Scott Smiley, resident of Travis County, addressed Council regarding connectivity. He said the number of connections for development in Section 12.03.050(b) prohibits the development of cul-de-sacs. He suggested using a lower number to allow small developments on small cul-de-sacs. He had other suggestions regarding the number of access points. He said other cities count a divided roadway as two access points in larger subdivisions. The public hearing was closed at 6:45 p.m. Motion by Sansing, second by Noble to approve the motion from the Planning and Zoning Commission and add at 1 b to include the recommendations made by Penland and Evans, to make sure that state laws are enforced and there is enforceability, and with respect to #17, recommend 60% on commercial with variances for "best practices" allowing up to 70%, and from 70% to 80% with "best practices" on industrial. Evans clarified that he had not agreed to the language presented by Pendland. He said he wants the hazardous materials retstriction back into the UDC with a six-month review and professional advice at that six-month review.. Motion by Snell, second by Pfiester to amend the previous motion to exclude the following items: 1 b, 3, 4, 5, 8, 9, 14, 16, and 17. Nelon recalled that Council had previously decided at the Workshop to discuss Items 27 (dealing with the waiver of the impervious cover limitations) and 31 (the definition of driving surface) and asked if Snell and Pfiester would agree to include those two items in the amendment. They agreed. Vote on Amendment: Approved 5-2. (Sansing and Noble opposed) Vote on Original Motion: Approved 6-1. (Noble opposed) Hazardous/Toxic Materials Over the Aquifer UDC Code Section 11.04.010(A) Pfiester displayed some maps produced by the Texas Commission on Environmental Quality (TCEQ) to show the location in Georgetown of the Edwards Aquifer Recharge Zone. He noted that there are four existing state and federal laws concernng hazardous materials. He noted the location of the water supply for Georgetown. He said the current location of industrial sites in Georgetown creates the reason to be extremely careful. Smith said the list of hazardous and toxic materials is extensive, and said he thinks most high-tech industries use hazardous and toxic materials in their production. He said this would effectively exclude high-tech industries. Noble said he agrees with Smith, saying this would exclude the bio -medical and chip manufacturing industries. He said he would like to see local control rather than prohibition. Sansing agreed that standards in the building code for containment would take care of the local control. Nelon agreed that the permit requirements of TCEQ are stringent. Snell said he is worried about accidental contamination. Navarrette asked for Jim Briggs to respond regarding hazardous material contamination. Briggs said the characteristics of the northern Edwards are different than those of the southern Edwards. He said the water that is in our portion of the Aquifer recharges back towards the Jollyville Plateau area of northwest Austin and comes this direction. He said containment measures are necessary to protect the water supply. Nelon noted that Texas is particularly vulnerable because anyone may drill a water well anywhere without any governmental control. Briggs agreed that there is no required documentation of the location of wells, and because that information is now considered to be part of Homeland Security, it will not be available. City Council Meeting Minutes/February 28, 2003 Page 5 of 12 Pages Motion by Pfiester, second by Evans to amend the UDC in the following manner: The on-site manufacture and/or use of hazardous or toxic materials as specified in the Code of Federal Regulations, (CFR) 40, Part 261, Sub Parts C and D, by an industrial use as defined, located over the Edwards Aquifer Recharge Zone is prohibited within one mile of any city of Georgetown source of water; and, separately from the UDC, that a Citizen Task Force be formed to recommend to the Planning and Zoning Commission and the City Council, six months from the adoption of the Code, a city policy for prohibiting, restricting, or permitting the manufacture and/or use of toxic and hazardous materials over the Edwards Aquifer Recharge Zone, the Edwards Aquifer Contributing Zone and the Edwards Aquifer Transition Zone, and direct that the Task Force contact Greg Rogers at TCEQ who heads up the Source Water Assessment and Protection Project. Carls clarified with Pfiester that the Code of Regulations cite that he was referencing actually pertained to hazardous waste, not hazardous materials. He agreed that he was intending to reference hazardous materials and requested that the proper reference be inserted in the motion for the record. He summarized that his motion says that hazardous/toxic materials would be prohibited one mile from City water sources and the task force would investigate everything else. Noble asked that at the second reading of the ordinance a map be displayed showing all of the industrial property in the City and how much of that would be affected by this particular ordinance. Navarrette said he agrees with building standards and containments but doesn't want to limit industrial growth in Georgetown due to the need for jobs. Vote on motion: Motion failed 4-3. (Sansing, Smith, Noble and Navarrette opposed) Motion by Smith, second by Pfiester that the on-site manufacture of hazardous or toxic materials by an industrial use as defined by the Super Fund Statute be prohibited over the entire Aquifer. Approved 7-0. Pfiester asked that the State Safe Water and Protection (SWAP) Study regarding the capture zone or drainage area that affects the Georgetown sources of drinking water be brought back before the Council once it has been completed. 7:53 p.m. -- recessed 8:03 p.m. -- resumed Connectivity Ratio UDC Code Section 12.03.030(8) Motion by Snell, second by Sansing to accept the language as written but use the Planning and Zoning Commission recommendation to change the ratio to 1.2 and add the language: "unless the Director of Planning and Development Services determines that this requirement is impractical due to topography and/or natural features." There was discussion. Motion by Smith, second by Pfiester to amend the motion to use a ratio of 1.4, taking into consideration the topography or natural features. Vote on Amendment: Failed 4-3. (Sansing, Noble, Evans and Navarrette opposed) Vote on Original Motion: Approved 7-0. Access Points UDC Code Section 12.03.050(B) Snell asked Sondgeroth about the "sliver" question. Sondgeroth said the access points provision applies to the entire subdivison as a preliminary plat and then it is finaled out in different sections, so as long as it meets the overall preliminary approval, then the developer could come in with one access point at the end of the process. Noble asked and Munk responded that in smaller subdivisions if the boundary was sudivided to the point that you couldn't subdivide again, connectivity(access) was not required. Motion by Snell, second by Evans to accept the recommendation of the Planning and Zoning Commission which was to amend to require the following: 2 access points for 99 lots or less; 3 access points for 100 to 299 lots; and 4 access points for over 300 lots. Approved 5-2. (Noble and Smith opposed) City Council Meeting Minutes/February 28, 2003 Page 6 of 12 Pages Banners for Non -Civic Uses Motion by Noble, second by Sansing to approve the Planning and Zoning recommendation to leave this out at this point and bring it back in six months after being studied. It was determined that during the six-month period, the banners would not be allowed. However, there would be no enforcement on those that now exist. Smith mentioned that Barrett Mitsubishi asked to put up the light pole banners, but was told they could not, even though Hewlett has them. Motion by Smith, second by Navarrette to amend to allow light pole mounted banners for non -civic uses with Development Services staff coming up with guidelines for size and "frequency" of the banners. Approved 6-1. (Pfiester opposed) Vote on original motion as amended: Approved 7-0. Bed and Breakfast Events UDC Code Section 5.02.140(B)(1)(d) Motion by Snell, second by Evans to approve the Planning and Zoning recommendation to limit the number of receptions, weddings, and parties under the Temporary Use Permit (TUP) provision of Section 5.02.140(B)(1)(d) to six per calendar year and clarify that these are for inside events. Approved 7-0. One-year Review of UDC Motion by Snell, second by Evans that the Council will review and make possible amendments to the Unified Development Code no later than one year from its adoption. In preparation for this review and possible action, (1) the staff will prepare a report which details the different types of development applications that have been filed under the new UDC, along with the status of approval and the issues associated with the approval or disapproval. The list of application types or questions that would be analyzed are: (a) Rezoning Applications; (b) Appeals to the Zoning Board of Adjustment; (c) Variances to the Zoning Board of Adjustment; (d) Waivers to the Subdivision Requirements; (e) Questions regarding definitions of terms or interpretations; (2) the Staff report and its recommendations will be the subject of no more than 2 public workshops; (3) the resulting Staff report and amended recommendations will be presented to P&Z for its recommendation to the Council; and (4) the Council will review the report and recommendations for possible action to amend the UDC. There was discussion. Approved 7-0. Avigation Easement Motion by Snell, second by Sansing to approve the Planning and Zoning recommendation to include the requirement for an avigation easement consistent with the existing Subdivision Regulations, including the required language of the easement. When asked by Snell, Carls explained the definition of "avigation easement' being "right of flight," saying that a plat note is required. She said this is not a noise easement. She said the reference to noise is one of disclosure and one of the effects of aircraft is noise. She said this provision has been in existence for about 28 years, and staff recommends carrying it forward. Approved 7-0. Parking Cap UDC Code Section 9.02.020 Smth asked for the reason for this provision. Sondgeroth replied that it was needed to prevent overparking. She said restaurants, "big box' retail, and theatres, often exceed parking caps. There was discussion. Motion by Sansing, second by Noble to follow the Planning and Zoning Commission recommendation to eliminate the cap. Motion by Pfiester, second by Smith to amend to say that if more landcaping is put in, then the parking cap can be increased by 25% of the lot landscaped and 25% of the tree canopy. Vote on Amendment: Approved 7-0. Vote on Amended Motion: Approved 7-0. Impervious Cover Limitation Established UDC Code Section 11.02.010 Pfiester reviewed three reasons for impervious cover limitation, being prevention of stream degradation, City Council Meeting Minutes/February 28, 2003 Page 7 of 12 Pages prevention of flooding, and protection of the Aquifer. He said impervious cover has nothing to do with job creation or competitiveness. There was discussion. Motion by Snell, second by Pfiester to use the wording in Exhibit 9, which states: A. Applicability - No property greater than five acres in area platted or developed shall exceed the following impervious cover limitations on a gross site area basis. Properties under five acres in area that are located within the City limits must comply with the zoning (per lot) impervious cover limits set forth in Section 6.02.030. B. Areas Located over the Edwards Aquifer - No property located over the Edwards Aquifer shall exceed a subdivision impervious cover limit of 50 percent impervious cover in the City or the City's extraterritorial jurisdiction unless a waiver allowing additional impervious cover as set forth below is granted. In no case shall impervious cover exceed 65 percent, including all waivers. C. Credit for Park Land - Park land to be dedicated may be counted toward pervious area. D. Credit for Arterial and Major Collector Streets - The area of arterial and major collector streets shown on the Thoroughfare Plan and located within the subdivision shall be deleted from the calculation of gross area and impervious cover. There was discussion. Motion by Sansing, second by Noble to amend to raise the baseline of 50% by 5% to be 55% plus variances. Motion Failed 4-3. (Smith, Snell, Pfiester and Evans opposed) Vote on Original Motion: Approved 5-2. (Sansing and Navarrette opposed) Waiver of Impervious Cover Limitations UDC Code Section 11.02.020(A)(3) Motion by Pifester, second by Sansing to approve the staff recommendation in Exhibit 10, which states: That Section 11.02.020(A)(3) "Waiver of Impervious Cover Limitations, Preservation of Natural Areas" be modified to allow an increase of 7% in impervious cover. Approved 7-0. Discontinuation of Nonconforming Uses UDC Code Section 14.03.010(A) There was discussion. Motion by Snell, second by Noble to adopt the staff recommendation to modify Section 14.03.010(A) to extend the time limit for discontinuation from 6 months to 12 months. Approved 6-1. (Smith opposed) Temporary All -Weather Driving Surface UDC Code Section 16.05 Motion by Sansing, second by Navarrette to approve staffs recommendation to change the definition of "Driving Surface, All Weather: as follows: "An impervious surface of chip seal asphalt or concrete...' Add following the end of the definition: "(See Drawing SD43 and SD44 in the Construction Standards Manual)". Approved 7-0. Motion by Evans, second by Snell to modify the UDC at the top of page 4-9 at Section 4.04.030 Special Districts, add Item G for an "Old Town Overlay District" to be developed by staff and brought back in six months for the purposes of historical preservation. Sondgeroth noted that staff would need some direction as to the intent of the district. Smith suggested there be a definition of "old town." Approved 7-0. Motion by Pfiester, second by Snell, to eliminate electronic message centers from Section 10.02 of the Code so they are no longer permitted. Approved 6-1. (Smith opposed) Motion by Snell, second by Navarrette, on page 3-19, section 3.07.050, regarding expiration of special use permits: as part of that section, add: "a special use permit shall expire 12 months after the use is no longer made." He said the intent is that the special use does not attach to the property, it attaches to the special use, and if after a while that property is no longer used for that special use, within 12 months that special use permit would be withdrawn and they would have to reapply. Approved 7-0. Motion by Snell, second by Pfiester, on 3-39, section 3.13.080, regarding appeals from a final action on certificate of design compliance by HARC, re -word the section to say: "Such appeal shall be submitted to the Zoning Board of Adjustment within 30 days of the final action, following the procedures and criteria outlined in 3.14.020 through 3.14.040, which is with reference to appeals from an administrative decision. Failure to appeal within 30 days shall cause the action to become final." There was discussion. Approved 7-0. Motion by Pfiester, second by Sansing to approve the unified development code ordinance on first reading including all of the motions for revision. Approved 7-0. R Consideration and possible action to approve the Mayor's recommendation for the Chair of the Planning City Council Meeting Minutes/February 28, 2003 Page 8 of 12 Pages and Zoning Commission -- Mayor Gary Nelon Nelon read a statement regarding a recent controversy concerning his recommendation for the Chair position of the Planning and Zoning Commission. He recommended that Chris Aadnesen be appointed as the Chair. Motion by Noble, second by Sansing to approve the recommendation. Pfiester said he was one of four citizens who, in a letter to the Council, questioned, not Mr. Aadnesen's motives, but the existing city policy for boards and commissions. He said he would sponsor an item at the next meeting for Council's consideration. He said he has a question about Aadnesen's impartiality because he (Aadnesen) serves on the board of one of the two businesses that surround the "pink dot" indicating the City's water supply on the TCEQ map used previously in this meeting to demonstrate the location of the Edward's Aquifer in Georgetown. He said Council needs to either enforce the policy or change the policy and he would like for Aadnesen to answer the questions in the letter. He said the other signatures on the letter were ex -Mayor Carl Doering, ex -Chair of the Planning and Zoning Commission Marjorie Herbert, and Judy Shepherd. There was discussion regarding the effect this issue would have on all volunteers at the City, including other members of boards and commissions, as well as Councilmembers. Vote on the Motion: Approved 6-1. (Pifester opposed) S Consideration and possible action to award a bid for reconstruction of the San Gabriel Park foot bridge to STR Constructors, LTD in the amount of $229,258.82 -- Terry Jones, Support Services Director and Randy Morrow, Director of Parks and Recreation Yantis explaiined the item, saying the process to begin rebuilding the bridge has taken a long time since the the bridge was damaged in the flood in 2001, and that the delay was due to lengthy negotiations with the insurance company. Motion by Evans, second by Smith to approve the award of bid. Approved 7-0. T Consideration and possible action to award an annual bid for janitorial and floor cleaning services to Service Master in the estimated amount of $188,201.50 -- Terry Jones, Support Services Director and Micki Rundell, Director of Finance and Administration Brandenburg asked that this item be rescheduled for the March 11 Agenda. U Consideration and possible action to authorize the City Manager to execute the Master lease/purchase agreement and related documents between the City and Koch Financial Corporation for computer equipment -- Micki Rundell, Director of Finance and Administration Carls explained the item, saying even though Council approved the purchase back in December, Council's permission is needed to allow the City Manager to execute the lease/purchase documents. Motion by Smith, second by Evans to approve the lease/purchase agreement. Approved 4-3. (Sansing, Noble and Navarrette opposed) V Discussion regarding a presentation by staff on potential locations and construction of "Welcome to Georgetown" gateway signs -- Tom Yantis, Assistant City Manager Yantis stated that there was no action required of the Council since this item was presented in the Workshop Session held on February 24, 2003. W Legislative resolutions 1. Consideration and possible action to approve a resolution to the Texas Legislature in support of the continuation of the Telecommunciation Infrastructure Fund (TIF) -- Eric Lashley, Director of Library Services Lashley read the caption of the resolution and said the Library has received over $200,000 from the TIF, and GISD has received well over $1 million in funds from TIF. Motion by Noble, second by Sansing to approve the resolution. Approved 7-0. 2. Consideration and possible action to approve a resolution opposing legislation that would prohibit a municipality's ability to restrict concealed handguns on municipal premises -- David Morgan, Police Chief City Council Meeting Minutes/February 28, 2003 Page 9 of 12 Pages Morgan read the caption and explained the resolution. .Motion by Evans, second by Sansing to approve the resolution. Approved 6-1. (Navarrette opposed) 3. Consideration and possible action to approve a resolution that opposes legislation that would change current annexation law -- Paul Brandenburg, City Manager Brandenburg read the caption of the resolution and explained the purpose, saying decisions regarding annexation should be kept at the local level. Motion by Sansing, second by Noble to approve the resolution. Approved 7-0. X Second Readings 1. Second 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 only the caption on second reading. Motion by Snell, second by Pfiester to approve Ordinance No. 2003-13. Approved 5-2. (Sansing and Noble opposed) 2. Second 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 Planning and Development Services. Ray read only the caption on second reading. Motion by Pfiester, second by Evans to approve Ordinance No. 2003-14. Approved 4-3 (Sansing, Snell and Noble opposed) 3. Second 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 Munk read only the caption on second reading. Motion by Sansing, second by Smith to approve Ordinance No. 2003-15. Approved 6-1. (Noble opposed) Y Consideration and possible action on a Concept Plan for 100 acres out of the William Addison Survey, to be known as The Pinnacle and located south of the Inner Loop and east of the future extension of Maple Street — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray explained the item. Motion by Pfiester, second by Evans to approve the Concept Plan. Approved 6-1. (Noble opposed) Z Public Hearings / First Readings 1. Public Hearing to consider rezoning 70.32 acres out of the William Robert and John Berry Surveys from A, Agricultural to RP, Residential Planned, or more restrictive district, located on CR 190 between S.H. 195 (east) and Briarcrest Drive (west) to known as the Villages of Berry Creek -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray explained the item and read only the caption on first reading after having satisfied the requirements of the City Charter. The public hearing was opened at 10:08 p.m. Arnold Wieder, 30120 Briarcrest Drive, representing the Berry Creek Homeowners Association, spoke favorably for the rezoning. With no further public input, the public hearing was closed at 10:11 p.m. First Reading of an Ordinance rezoning 70.32 acres out of the William Robert and John Berry City Council Meeting Minutes/February 28, 2003 Page 10 of 12 Pages Surveys from A, Agricultural to RP, Residential Planned, or more restrictive district, located on the north side of CR 190 between S.H. 195 (east) and Briarcrest Drive (west) to be known as the Villages of Berry Creek -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Motion by Pfiester, second by Evans to approve the ordinance on first reading. There was discussion regarding the sidewalks. Approved 4-3. (Sansing, Snell and Noble opposed) First Reading of an Ordinance adopting the Unified Development Code (UDC) — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services This item was handled at the beginning of the Regular Agenda. AA Items Forwarded by the Georgetown Utility System Board 1. Consideration and possible action to amend the General Services Agreement between the City of Georgetown and Camp, Dresser, and Mckee, Inc. for engineering services related to the design of the Sun City Elevated Storage Tank #2 -- Jim Briggs, Assistant City Manager for Utility Operations and Glenn Dishong, Water Services Manager Dishong noted that the tank is required by the Water/Wastewater Plan to meet the Texas Commssion on Environmental Quality (TCEQ) requirements for storage, and it also creates the pressure plain needed to alleviate pressure problems in Sun City. Evans noted that the GUS board approved this item unanimously. Motion by Noble, second by Sansing to approve the contract amendment. Approved 7-0. Consideration and possible action regarding the list of projects for street maintenance for 2002/2003 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item. There was discussion. Motion by Pfiester, second by Evans to approve the list of projects for street maintenance. Approved 7-0. BB Discussion and possible action regarding State Highway 130 symbol selection of structure accents and landscape provisions -- John Aldridge, Systems Engineering Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs explained the item and provided pictures of examples of where the structure accents would appear on the highway. There was discussion. Motion by Sansing, second by Smith to accept a modified version of the City seal to present to TXDOT. Approved 7-0. CC Discussion and possible action regarding the "Second Amendment to the Development Agreement' with Campbell -Georgetown. #1, L.P, and regarding the "First Amendment to the Amended and Restated Substitute Fiscal Surety Agreement Concerning HEB/Georgetown No. 2 Subdivision," with HEB Grocery Company, L.P -- Jim Briggs, Assistant City Manager for Utility Operations and Trish Carls, City Attorney Briggs explained the item. Motion by Pfiester, second by Noble to approve. Approved 7-0. DD Discussion and possible action regarding the Updated Shell Road Public Improvement District Assessment/Service Plan -- Jim Briggs, Assistant City Manager for Utility Operations and Trish Carls, City Attorney Briggs explained the item. Motion by Evans, second by Navarrette to approve the updated Shell Road Public Improvement District Assessment/Service Plan. Approved 7-0. EE Consideration and possible action on a staff update regarding whether or not the projections of based aircraft for 2006 and 2011 at the Georgetown Municipal Airport, as stated in Chapter 2 of the FAR Pari 150 Noise Compatibility Study, can be revised -- Tom Yantis, Assistant City Manager Yantis explained the item, saying there will be additional cost to the City to have the consultant make the revisions because the change in the based aircraft would also cause changes in the other calculations. There was discussion regarding whether it is possible to complete the noise study without certifying the City Council Meeting Minutes/February 28, 2003 Page 11 of 12 Pages maps, but it was emphasized that the maps would have to be certified in order to qualify for the noise mitigation. Kathryn Heidemann, 407 Golden Oaks Drive, told Council that the consultant listed six international airports in his credits. She said she felt the recommendation from the consultant was for an international airport. She said there are too many errors in the report, and she suggested the Council would need to revise more than just the projections of based aircraft. She said she feels the entire chapter would need to be revised. There was further discussion about the consequences of approving the study. Yantis explained that there are consequences as well as opportunities in approving the study. Yantis recommended that Council not pursue updating the projections, but finish the obligations under the grant. He recommended that Council create a vision statement to explain what is to be done with the Airport. Nelon asked if Council could review the information from Yantis and be prepared to handle this item for action on March 11. 11:20 p.m. -- motion to adjourn The meeting was adjourned at 11:20 PM. ApRrIaved : P f._ -'Mayor Gd ry Nelon City Council Meeting Minutes/February 28, 2003 Page 12 of 12 Pages Atte k %`F a - City Secretary Sandra L