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MIN 03.25.2003 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, Jack Noble Sam Pfiester, Farley Snell, Ken Evans Staff resent Paul Brandenburg, 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; David Munk, Development Engineer; Bobby Ray, Chief Current Planner; Terry Jones, Support Services Director; Melissa McCollum, Development Planner; Travis McLain, Airport Manager Policy _ -los: Workshop 'regular Session to convene In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows A Sec.551.071 consultation with attorney - Pending Litigation - Thomas L. Suarez, Jr. vs. city of Georgetown, Texas, City of Georgetown Police Department, Georgetown Police Sgt. Kelly Devoll, Georgetown Police Officer Jack Lacey, Matt Painter, Brian Grubbs, Cause No. 03-113-C368 in the 368th Judicial District Court of Williamson County, Texas - Matthew Painter and Brian Grubbs, Plaintiffs v. David Morgan, Individually and in his Officlal 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. - Pending or contemplated litigation or settlement offers, and advice on legal matters, including: Del Webb regarding Development Agreement and WateriWastewater Utility Agreement CTSUD regarding Water Quality Land Application for Proposed Permit No. 14371-001 before the TCEQ Don Dison regarding complaint to FAA ServiceMaster regarding Bid No. 23008 - Janitorial and Floor Cleaning Services Mayor and Council recognized the members of the Lady Eagles Basketball Team and Head Coach Rhonda Farney for having finished the season as State 5A Runners -Up. B Call to Order The meeting was called to order at 6:05 p.m. City Council Meeting Minutes/March 25, 2003 Page 1 of 12 Pages C Pledge of Allegiance Mayor Nelon 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 Council Meeting procedures. - Proclamation to Honor the Georgetown Lady Eagles The Lady Eagles were honored for their winning season prior to the beginning of the meeting. - Announcement of Two Vacancies on Board of Adjustment Mayor Nelon announced the two vacancies. E Announcements and Comments from City Manager There were no announcements/comments from the City Manager. F Citizens Wishing to Address Council - Clark Lyda, 1220 S. Austin Avenue, regarding: "Concerns regarding possible conflicts of interest relating to Mayor Gary Nelon's participation in Del Webb Amendment 7 negotiations and request for Council investigation of same." Lyda thanked the Council for moving forward to adopt an ethics ordinance. He said he is concerned about Mayor Nelon's role in negotiating Amendment 7 to the Del Webb Development Agreement. He said he is concerned that half of the City's water supply would be dedicated to the development and concerned about the price that would be paid for that water. He listed, in his opinion, the reasons he is concerned about Nelon's association with Del Webb. He requested four things of the Mayor and Council: (1) that the Mayor immediately voluntarily recuse himself from any further participation in the negotiations or discussions of Del Webb Amendment 7; (2) that the Council complete the negotiations of Amendment 7 in public meetings so that all citizens can understand what public funds are being spent, what water rights are being permanently traded away, and how the public interest is being served; (3) if Mayor refuses to immediately recuse himself, that the Council conduct an investigation of the Mayor's alleged conflict of interest, pursuant to Sec. 2.05 of the City Charter; and (4) that Council should adopt, on an expedited schedule, a strong, new ethics ordinance. - B. Keith Peshak, 800 Oak Crest Lane, regarding: "The Council's plan to appropriate $18 million from the taxpayers (that's about $2,000/taxpayer) and give it away." Peshak questioned whether 28 more hangars for multi -engine commercial aircraft are needed at the Georgetown Airport. He said the income to the City from those hangars would be $50,400 per month if they were built and managed by the City. Peshak said he objects to the City giving $18 million to Don Dison by giving him a free 30 -year lease at the airport. - Dan Shortlidge, 200 Sinuso Drive, representing the Sequoia Trail West Homeowners Association, regarding: "the Sequoia Trail West Wastewater Line." Shortlidge said there were 44 homeowners who didn't receive notice of the wastewater construction project on Sequoia Trail West. He said the homeowners would have liked to have had an opportunity to negotiate with the developer to pay for connecting to the wastewater line that is being installed. He said they have had numerous service interruptions to mail, trash, newspaper, fire, ems, school bus service, and water. He said the homeowners have met with Glenn Dishong of the City and County Commissioner David Hays. He said they have been told that the current arrangement is for the City to manage the implementation of the stubs, with the homeonwers paying for the stubs, taps, and permit fees. He asked that the County, City, and developers manage the project and pay for the service stubs; and asked that the City provide an incentive to the homeowners who connect within a one-year period by waiving the service tap and permit fees. He also asked that procedures be put in place by the City and County to ensure homeowner notification during planning phases for future projects. He said after conducting a survey of the residents he found that 25 want stubs, 19 show interest in connection from home to service stubs and 4 people already have service stubs. He said he thinks these numbers will go up when actual costs are known. William H. Stone, 126 Mesa Drive, said he already has installed a new septic system for $11,000. He said he called the City in November and asked if there would be any new sewage system projects to bring wastewater to his area and was told there would not be. He said he feels violated because he went forward and improved his system. He said if the homeowners had been allowed to participate in the City Council Meeting Minutes/March 25, 2003 Page 2 of 12 Pages planning of the project, the cost could have been lowered. He said the service stubs should be added without cost to the homeowners. Darla Burn, 4013 Sequoia Trail West, said the residents were not given any notification until the construction had begun. She said it has effected real estate sales on her street. She said a stop sign at Sequoia Trail West and Esparada is obscured by the contractor's construction trailer. She said school buses, trash pick up, and mail delivery have been interrupted. She said her septic system dates back to 1973, and she is concerned about the effect on the Aquifer because of old systems. She said the time is now to access the sewer lines before the streets are repaved and the cost becomes higher. Nelon asked Brandenburg to respond. Brandenburg said this will be on the Georgetown Utility System Board Agenda on Thursday, March 27, at 2:00 p.m. at the Georgetown Municipal Complex. G Action from Executive Session Motion by Smith, second by Pfiester to approve the settlement agreement with Chisholm Trail Special Utility District concerning operation of a wastewater treatment plant for the Wade Crossing Subdivision. Approved 6-0. Motion by Smith, second by Sansing to agree to extend the September 30, 2002 deadline in the May 31, 2002 Del Webb Settlement Offer Letter from March 31, 2003 until April 9, 2003. Approved 6-0. H Consideration and possible action to approve the minutes of the Council Workshop on Monday, March 10, and the Council Meeting on Tuesday, March 11, 2003 -- Sandra D. Lee, City Secretary I Consideration and possible action to purchase the biological odor control system (ZABOCS) in the amount of $18,825,for use in the wastewater collection system currently under lease from US Filter -- Glenn Dishong, Water/Wastewater Services Manager and Jim Briggs, Assistant City Manager for Utility Operations J Consideration and possible action for the award of the annual bid for janitorial supplies to various bidders in the estimated amount of $20,100.00 -- Terry Jones, Support Services Manager and Micki Rundell, Director of Finance and Administration K Quit Claim Deeds 1. Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning a portion of a ten (10) foot Public Utility Easement on the north property line of Serenada East, Unit 4, Block 2, Lot 14 and on the south property line of Serenada East, Unit 5, Block 4, Lot 1, located at 4306 and 4308 Luna Trail -- James Babcock, Development Technician and Amelia Sondgeroth, Director of Planning and Development Services 2. Consideration of a Resolution authorizing the City Attorney to issue a Quit Claim Deed to be filed abandoning a portion of a Drainage Easement in Lot 1 B, Blockl of a resubdivsion of San Gabriel Village, Section 1, Block 1, Lot 1, located at 20 Waters Edge Circle -- James Babcock, Development Technician and Amelia Sondgeroth, Director of Planning and Development Services Motion by Pfiester, second by Snell to approve the Consent Agenda in its entirety. Approved 6-0. Ethics 1. Discussion and possible action on a report from the Council Ethics Subcommittee -- Councilmembers Jack Noble, Doug Smith, and Farley Snell Snell gave background, saying that the Committee met with Chris Aadnesen regarding questions posed in a letter requesting an investigation of his business interests that were thought to have created a reason for him to have recused himself from action on the Planning and Zoning Commission. Evans requested and Snell read the report provided by the Council Subcommittee. Snell stated that the Subcommittee found no requirement for Aadnesen to have recused himself, found that the issues raised in the letter were pertinent, stated that citizens should feel comfortable approaching the Council in this manner because there is no better procedure to be suggested, and City Council Meeting Minutes/March 25, 2003 Page 3 of 12 Pages asked that a committee on ethics consider the language of the present ordinance and procedures to be followed. Motion by Sansing, second by Evans to accept the report from the Council Ethics Subcommittee. Keith Peshak, 800 Oak Crest Lane, disagreed with some technical language used by Councilmember Pfiester at the last Council Meeting to describe damage to the Aquifer. Linda Turner, 111 Vivion Lane, current member of the Planning and Zoning Commission (P and Z), said the membership of P and Z is heavily weighted with pro -developers and builders. She said the boards should be composed of members with different backgrounds and interests. Smith said the findings of the Committee were unanimous but that he had struggled with some of the points, especially the "best interests of the citizens of Georgetown," saying just because people disagree, doesn't mean they're not acting in the best interest of Georgetown. He said also, regarding recusal based on personal interest, the Committee thought it should be limited to a monetary interest, not a personal interest. Evans thanked Turner for coming forward and addressing the Council. He said he doesn't think the issue of what is "best for Georgetown" is totally subjective. He said he also doesn't think that it's just related to money. He said the regulations governing the insurance industry regarding conflict of interest talk about "directly" or "indirectly." Vote on the motion: Approved 6-0. Consideration and possible action to appoint the members to the Ethics Commiittee as established by Council action on March 11, 2003, clarification of appointment process, and consideration of an appointment of the Chair of that committee -- Paul Brandenburg, City Manager Brandenburg explained the item as described on the agenda item cover sheet. Mayor said his appointee, Jack Hunnicutt, asked if Council would consider all appointments being "at -large" which wouldn't preclude another member from the same district being appointed, saying each councilmember would appoint one person with the three original members to be appointed by a councilmember. Smith and Evans suggested that because several councilmembers have already talked to their nominee, there should be 11 members on the Committee. Navarrette said he didn't think the members should be named at this meeting. Snell said an Ethics Commission could be created by this "working" committee. Motion by Evans, second by Pfiester to appoint an ethics committee consisting of 11 members with the three members already named, plus a member from each district, plus one member appointed by the Mayor. Motion by Navarrette, second by Snell to amend the motion that the Committee will appoint its own Chair. Approved 4-2. (Smith and Sansing opposed) Bob Brent, 30104 Briarcrest Court, said the last hour of this meeting has been spent on ethics. He commended each Councilmember, the Mayor, and the City Manager, saying there are no finer individuals to hold those positions. He said trust and respect built this community over the past 150 years, and he doesn't understand where "all of this" is coming from. He said this is a critical stage for Georgetown and he hopes paranoia, distrust and disrespect are not becoming the foundations of this community. Keith Peshak, 800 Oak Crest Lane, gave his opinion of the way government is operated in Georgetown, saying the election is a popularity contest. He said it is time to establish an ethics commission. Vote on Original Motion: Approved 6-0. It was noted that the names of the members will be announced at a later time. Discussion and possible action to address a complaint letter from Keith Peshak regarding Councilmember Farley Snell and to address complaints or concerns regarding elected officials -- Paul Brandenburg City Council Meeting Minutes/March 25, 2003 Page 4 of 12 Pages Brandenburg said there has been no procedure adopted as to how ethics complaints are to be handled. There was discussion. Navarrette said this item should be placed on the agenda by a councilmember, not the city manager. Sansing agreed with Navarrette. Howard Fomby, 30410 Berry Creek, with extra mintues from Jeff Gilbert, read from a prepared letter, saying that the complaint letter in question is malicious and that Snell's character is a shining example of all that is admired about community leaders. He noted that the members of the airport discussion group are in attendance at the meeting and are grateful to Snell for holding the meetings and allowing the discussions to take place. He said the author of the letter constantly disrupted the meetings. Fomby described the charges in the complaint letter as being a form of civic terrorism designed to damage and disrupt public discourse. He urged Council to reject the letter of complaint. Penny Burt, 3803 Roble Grande Circle, said Snell was always well read and well prepared. She said he had two rules: "don't filibuster and don't plow ground that has already been plowed." Kathy Heidemann, 407 Golden Oaks Drive, said the charges are cynical, not based on fact, and therefore should not be considered. Fred List, 444 Logan Ranch Road, gave his opinion of what took place at the community meetings, saying he was never called on, but Dison and Fomby could speak anytime they wanted to. Keith Peshak, 800 Oak Crest Lane, said he guessed his was a minority report. He listed complaints against Snell. He said he wants an ethics commission to investigate. Nelon asked for Council's desires regarding Clark Lyda's concerns earlier in the meeting. He said he would be happy to appoint another Council Subcommittee, but because those complaints concern him, he would like Council to give him his opinion of how this should be handled. Carls was consulted and she said the posting for this item was sufficient for Council to consider a method for handling these issues. Smith suggested that Nelon recuse himself and he would appoint a subcommittee. Mayor Nelon left the dais. Mayor Pro Tem Smith conducted the meeting for this item. Navarrette said he didn't think this item should be discussed by the Council because it was not sponsored by the Mayor or a Councilmember. Smith said he thought it should be handled the same way as the issues regarding Aadnesen. Evans said the same Council Subcommittee should be appointed to review the possibilities of confllict of interest involving the Mayor. Motion by Evans, second by Sansing to appoint Noble, Smith and Snell to investigate the allegations against the Mayor. Snell suggested that the Council ask Peshak and Lyda to put their allegations in the form of a letter to the Council and at that time the Council could make a decision as to how to handle the allegations. Evans said he thinks that time is of the essence because the 7th amendment to the development agreement with Del Webb is coming to Council for response on April 8. Evans suggested that the results from the Committee could be placed on the agenda in front of the consideration of the Del Webb 7th Amendment. Sansing pointed out that the Mayor has no vote on the Council and that negotiations with Del Webb are being handled by the staff. Pfiester suggested that this issue and Peshak's letter point out the need for an ethics commission and said he agrees with Snell and Navarrette that the Council needs to be consistent and handle these types of situations as the Committee suggested, and feels that the Mayor should make his own choice as to whether he should recuse himself. Sansing withdrew his second to the motion. Smith seconded the motion. Navarrette asked for Carls to respond as to whether the Council could take action on this item. Carls clarified that the City Manager has the authority to sponsor items on the City Council Agenda. There was further discussion. Vote on the motion: 2-4 The motion failed (Navarrette, Pfiester, Snell and Sansing opposed) Motion by Snell, second by Pfiester that the Council request that the two persons who made City Council Meeting Minutes/March 25, 2003 Page 5 of 12 Pages allegations present those allegations in written form addressed to the Mayor and Council for action at a subsequent meeting. Approved 5-1 (Sansing opposed) Mayor Nelon returned to the dais. M Consideration and possible action to review consideration for the award of bid for janitorial and floor cleaning services -- Paul Brandenburg, City Manager Brandenburg explained that Attorney, Mike Davis, has asked for an opportunity to address the Council regarding the award of bid. Snell asked and Nelon noted that it would take a motion to suspend the 90 -day rule for reconsideration of previous action. Motion by Smith, second by Sansing to suspend the rules. Approved 5-1 (Navarrette opposed) Nelon said the next action needed would be reconsideration of the action. There was discussion concerning whether to revisit the issue. Motion by Smith, second by Pfiester to reconsider Item P from the previous agenda which was: Consideration and possible action to award the annual bid to ServiceMaster for janitorial and floor cleaning services. Navarrette asked for Council to go into Executive Session. 7:52 p.m. recessed to Executive Session 8:18 p.m. returned to Open Session Vote on the motion to reconsider: Approved 5-1. (Navarrette opposed) Motion by Snell, second by Pfiester to accept neither bid, reopen the bidding, and that the bid requirements be re -worked and receive Council approval before being issued, and that they should include "best value" criteria according to State law. Brandenburg asked and Purchasing Director, Terry Jones said the current contract could be extended on a month-to-month basis until an award is made to ensure that janitorial services would continue during the bid process. Motion by Smith, second by Evans to amend the motion that the bid doesn't need to be reviewed by the Council, the best practices don't need to come back to Council for review before being issued. Mike Davis, Attorney for ServiceMaster, with time allotted from Marilyn Bergren, said he doesn't think Council's proposed solution is unreasonable. He suggested that they put in some qualifications for the employees of the cleaning company, such as criminal background check. He said ServiceMaster is a local company and the employees live in Georgetown. Ashlie Koenig, speaking for Clean Across Texas, said no price tag can be put on the quality of service provided by Clean Across Texas and the number of services provided at no charge. She said they send no money out of town for franchise fees. She said ServiceMaster was given a 2% incentive to perform the work they were contracted to perform. She said no incentive was offered to her company, and yet, services were performed at "better than satisfactory." She said, based on the award at the last meeting, Clean Across Texas has spent time preparing for the contract and has hired more employees. Vote on amendment: Tied 3 to 3. (Navarrette, Snell and Sansing opposed) Mayor broke the tie to say that the bid (specifications) will come back to Council for review before being issued. Revised vote on amendment: Approved 4-3. Vote on original motion: Approved 5-1 (Navarrette opposed) N Georgetown Municipal Airport 1. Consideration and possible action to adopt a resolution establishing certain policies for the operation and maintenance of the Georgetown Municipal Airport and to guide the update of the Airport Master Plan -- Tom Yantis, Assistant City Manager City Council Meeting Minutes/March 25, 2003 Page 6 of 12 Pages Yantis read the caption and the policy statements included in the resolution. Motion by Pfiester, second by Evans to approve the resolution. Don Dison, 607 Esparada, said at the last Council Meeting he suggested that Council seek clear legal counsel regarding their actions at the Airport, and subsequently wrote a letter to the Texas Department of Transportation which involved the FAA. He said the FAA has written a letter of inquiry regarding the Georgetown Airport. He told Council he has the "highest degree of respect" for Councilmember Snell, however some of the paragraphs in the resolution are in violation of grant assurances and will prevent the City from being able to use money from the FAA to operate the Airport. He asked again that the Council get clear, concise legal counsel regarding their decisions involving the airport. Kathy Heidemann, 407 Golden Oaks Drive, said she supports the Master Plan update but is still not supportive of revising the noise compatibility study. Keith Peshak, 800 Oak Crest Lane, complained that the City doesn't do any maintenance on the hangars or the runways. Pfiester suggested using Dison's suggested wording: " within obligations accepted by the City in receiving State and Federal grants," and asked Carls if the resolution is legal and compatible with FAA regulations and federal law. Carls said she feels the purpose of the resolution is to set forth a path to follow, and she said she doesn't see anything in the resolution that is disrespective or in violation of federal law. Vote on motion: Approved 6-0. 2. Consideration and possible action to determine how to proceed with the FAR Part 150 Airport Noise Compatibility Program -- Tom Yantis, Assistant City Manager Yantis explained the item and noted that there are options suggested in the attachment to this item. Motion by Snell, second by Smith to certify the Noise Exposure Maps of the FAR Part 150 Airport Noise Compatibility Program, subject to the following stipulation: that the consultant remove the 2011 maps and references, remove the 55 and 60 DNL contours and, if agreement can be reached with the consultant to do so, revise the based aircraft forecasts in line with new circumstances and continued concerns about the projections, and with this to proceed to complete the study. Penny Burt, 3803 Roble Grande Circle, said there is no legal basis for TxDOT to demand that the City pay back the grants. She said there is no need to take the proposed action and there is no legal threat. She said the Noise Study is an expansion project. She said the City is geometrcially increasing the number of people to be affected by the Airport. John Cogan, no address given, said he is against the certification of the maps for the Noise Study He said the Noise Study should predict when the noise levels will decrease below today's values. He encouraged the Council to take no action on the Noise Study and said it is the wrong tool to use. Keith Peshak, 800 Oak Crest Lane, said he disagrees with the number of planes being counted in the Noise Study and made some suggestions as to how the Noise Study should be revised. Evans asked Yantis to address the suggestions from Penny Burt. Yantis said he tends to agree with the interpretation that the certification of the noise exposure maps is not required to complete the Noise Study, but TxDOT does not agree and they have made it clear that if the City chooses not to certify the maps and stop the process at this point, they will request repayment of the grant. Vote on the motion: Tied 3-3. (Navarrette, Evans, Sansing opposed.) Mayor broke the tie and voted to approve Snell's motion. Revised vote on the motion: Approved 4-3. 3. Consideration and possible action regarding acceptance of the F.A.A. Entitlement Grant for Fiscal Year 2003, in the amount of $450,000.00 -- Travis McLain, Airport Manager and Tom Yantis, City Council Meeting Minutes/March 25, 2003 Page 7 of 12 Pages Assistant City Manager McLain explained the item and asked for authorization to seek entitlement funds in the amount of $450,000. There was discussion. Pfiester asked that Item 5 come back to Council with more documentation. Motion by Pfiester, second by Snell to accept the grant with the provision that the proposed airport projects list include all but Item 5, and that item should be brought back for further discussion with more detail. Penny Burt, 3803 Roble Grande Circle, said Item 5 is for widening the runway to allow more airplanes. She said it is her position that if the Airport needs to be moved if it is going to have economic viability. She said she thinks the Airport is not a healthy enterprise. Don Pfiester, 3311 Deer Trail, a member of the Airport Board, and on the Subcommittee to review the proposed projects, said he is in support of the proposed acceptance of the grant money. He said the projects need to be addressed. He said they deal with security, safety and maintenance of the airport. He said the widening of the taxiway in Item 5 is needed for safety reasons. Keith Peshak, 800 Oak Crest Lane, said the Council has already voted not to accept any more airport grants. He said the money is not needed, and the City will lose more local control at the airport. There was discussion. Sansing suggested that the security item and the game fence be agreed upon, but wait on the other items until after future study. Motion by Sansing, second by Navarrette to amend the previous motion to accept projects 1 and 2, at this point, the airport security and the game fence, and ask staff and the Airport Advisory Board to continue giving information to Council on the rest of the projects to consider whether they are really needed. Motion failed: 4-2. (Evans, Pfiester, Snell and Smith opposed) There was further discussion. Vote on original motion: Approved 4-2. (Navarrette and Sansing opposed) 4. Consideration and possible action on authorizing an Airport Advisory Board Subcommittee to organize and conduct an Airport Open House in celebration of the 100th anniversary of the Wright Brother's first powered aircraft flight -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager McLain introduced Jeff Gilbert of the Airport Advisory Board who explained the item and asked that the Council authorize the Subcommittee. Keith Peshak, 800 Oak Crest Lane, suggested that in conjunction with the Poppy Festival there could be an open house to allow the public to visit the individual businesses on the Airport. Motion by Snell, second by Sansing to authorize the creation of the subcommittee. Approved 6-0. O Discussion and possible action to extend the contract with Winter and Company for the Downtown Master Plan -- Tom Yantis, Assistant City Manager Yantis explained that an extension is requested from March 31 to May 31, 2003, and told Council there would be no additional costs. Motion by Snell, second by Evans to approve the extension of the contract. Approved 6-0. P Consideration and possible action to authorize the staff to negotiate the transfer of a portion of the City's Water CCN to the City of Round Rock -- Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carls, City Attorney Briggs explained that the City has been approached by the City of Round Rock to transfer a portion of the City's CCN to facilitiate providing water to the new County regional park and some new subdivisions. He said the wastewater will be provided by Brushy Creek MUD. He said the staff would negotiate and bring back the transfer to the Council for approval. When asked by Smith, Briggs explained that this does not City Council Meeting Minutes/March 25, 2003 Page 8 of 12 Pages mean that Georgetown is providing water, but allows Round Rock to provide the water. Pfiester requested that this item be referred to the Georgetown Utility System Advisory Board. There was further discussion. Motion by Pfiester, second by Sansing to authorize staff to initiate negotiatons with Round Rock to determine their best offer, without any obligation on the part of the City to accept it, and that the item be taken to the GUS Board for a recommendation to Council. Approved 6-0. Q Consideration and possible action on a Concept Plan for a resubdivision of Berry Creek Section Five and all of Sybert Subdivision, being 73.08 acres in the William Roberts Survey, to be known as Berry Creek Section Five, located off Hwy 195 and St. Andrews Drive — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum explained the item, saying that the original plat was done back in 1985, but there were streets on the plat that were never built. She said there was a concept plan submitted in 1987, but not developoed. She said this Concept Plan contains a total of 154 residential units, 24.41 acres of commercial and office area, and 2.5 acres of parkland to be done in three phases. There was discussion. Arnold Weider, 30120 Briarcrest Drive, Vice President of Berry Creek Homeowners Association, said the Concept Plan is of concern because it introduces commercial zoning next to residential without buffering. He said they also object to the increased traffic that will occur if Chichi Drive is connected to SH195. He said there will definitely need to be some stop signs to slow the traffic. Keith Peshak, 800 Oak Crest Lane, bargained with the Mayor to speak on the remainder of the items he signed up to speak about in four minutes. He admonished the Council to not approve any more residential areas in the "noisy" zones created by air traffic. There was further discussion regarding buffering, the location of Chichi Drive, and a lack of connectivity shown on a map for the next item. Motion by Pfiester, second by Smith to approve the Concept Plan with the alteration that the connector street from SH195 be offset on Chichi Drive. Approved 4-2. (Snell and Sansing opposed) R Consideration and possible action on a Public Review Final Plat of 70.32 acres out of the William Roberts and John Berry Surveys to be known as Villages of Berry Creek, located on CR 190 and Briarcrest Drive — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum explained the item. Motion by Pfiester, second by Smith to approve the public review final plat. Approved 4-2. (Snell and Sansing opposed) S Second Readings 1. Second Reading of an Ordinance 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 the north side of CR 190 between SH 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 Ray read only the caption of the ordinance on second reading. Motion by Pfiester, second by Evans to approve Ordinance No. 2003-17. Arnoled Weider, 30120 Briarcrest, said Berry Creek Homeowners Association is in favor of the rezoning because it is roof tops. He said the developers are good neighbors. Approved 4-2. (Snell and Sansing opposed) Second Reading of an Ordinance amending the 2002/03 Annual Operating Plan Element (budget) for various adjustments relating to the timing of capital projects, increase of cent sales tax, grant approvals, and financing of fleet replacement -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration City Council Meeting Minutes/March 25, 2003 Page 9 of 12 Pages Rundell explained the item and read only the caption of the ordinance on second reading. Motion by Evans, second by Sansing to approve Ordinance No. 2003-18. Approved 6-0. T Public Hearings / First Readings 1. First and Final Reading of an ordinance authorizing the issuance of $325,000 of self-supporting Public Property Finance Contractual Obligations (PPFCO) to fund 6 patrol vehicles and partially fund a sewer vacuum truck -- Micki Rundell, Director of Finance and Administration. Rundell explained the item and recalled to Council that they had discussed last night at the workshop that this will lessen the age of the existing fleet and save money. She said this will be self-supporting and will not affect the tax rate. She noted that Carol Palombo and Garry Kimball were in the audience. Motion by Evans, second by Smith to approve Ordinance No. 2003-19. Approved 6-0. 2. First Reading of an Ordinance to amend Section 13.04.120 of the Code of Ordinances of the City of Georgetown entitled "Rates and Charges - Water Schedule" -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the purpose of the ordinance and read only the caption of the item after having satisfied the requirements of the City Charter. There was discussion. Motion by Pfiester, second by Navarrette to approve the ordinance on first reading. Approved 6-0. 3. Public Hearing to consider Rezoning 23.42 acres within Berry Creek Section 5 from RS, Residential Single -Family, R -P, Residential Planned, and C-1, Local Commercial to RS, Residential Single -Family, or more restrictive district, located on the west side of SH 195 and east of Kingsway Road -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray explained the item and noted that the new Concept Plan was approved earlier on this agenda. He said the Planning and Zoning Commission approved the rezoning. He said the realignment of Chichi Drive, as done by Council on a previous item, will require some changes in the ordinance which will be done for the second reading. The public hearing was opened at 10:14 p.m. There were no comments. The public hearing was closed at 10:14 p.m. 4. First Reading of an Ordinance Rezoning 23.42 acres within Berry Creek Section 5 from RS, Residential Single -Family, R -P, Residential Planned, and C-1, Local Commercial to RS, Residential Single -Family, or more restrictive district, located on the west side of SH 195 and east of Kingsway Road -- 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 satisfied the requirements of the City Charter. Motion by Pfiester, second by Evans to approve the ordinance on first reading. Approved 4-2. (Snell and Sansing opposed) 5. Public Hearing to consider Rezoning of Crestview Addition, Unit 1, Block 2, Lot 6, from RS, Residential Single Family to RM -3 Office and Service Use, or more restrictive district, located at 1612 Williams Drive -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray explained the item. He said the Planning and Zoning Commission recommended approval. The public hearing was opened at 10:18 p.m. David Voelter, 118 E. Legend Oaks Drive, speaking on behalf of the owner of the property, said the condition requiring a drainage study was placed on the property out of concern for drainage to downstreatm property . He said the owner would like to propose a different method other than a drainage study as required by the Planning and Zoning Commission. He said it is conceivable that the process could approach $10,000 if a water pollution abatement is required by the TCEQ. He distributed a drawing and explained an option for the drainage. Roland Schroeder, son of a property owner adjacent to the subject property, told Council he doesn't agree with the proposed option for the drainage. He said he has suggested that a minimum 18 -inch concrete curb be constructed. He said he doesn't want the water released onto City Council Meeting Minutes/March 25, 2003 Page 10 of 12 Pages his mother's property. He said he thinks the drainage study is needed. Ray said there will be a drainage study required at the Site Plan Review. There was further discussion and David Munk gave Council some engineering information. The public hearing was closed at 10:30 p.m. First Reading of an Ordinance Rezoning of Crestview Addition, Unit 1, Block 2, Lot 6, from RS, Residential Single Family to RM -3 Office and Service Use, or more restrictive district, located at 1612 Williams Drive -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray read only the caption of the item on first reading after having satisfied the requirements of the City Charter. There was further discussion. Motion by Pfiester, second by Snell to approve the ordinance on first reading. Approved 6-0. There was no Item 7. 8. First Reading of an Ordinance for a Century Plan Amendment, from the existing Intensity Level 2 to the proposed Intensity Level 4, for 4.75 acres out of the Joseph Fish Survey, located oft FM 2338 (Williams Drive), and Penny Lane — David Munk, Development Engineer and Amelia Sondgeroth, Director of Planning and Development Services Munk asked and Carls agreed that Items 8 and 12 could be taken together since they are both Century Plan Amendments and require a majority plus one vote. Munk explained the items and read only the caption of both ordinances on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second Smith to approve both ordinances on first reading. Approved 6-0. 12. First Reading of an Ordinance for a Century Plan Amendment from the existing Intensity Level 2 to the proposed Intensity Level 4, for 4.76 acres out of the Joseph Fish Survey, located off FM 2338 (Williams Drive), and Penny Lane — David Munk, Development Engineer and Amelia Sondgeroth, Director of Planning and Development Services Munk asked and Carls agreed that Items 8 and 12 could be taken together since they are both Century Plan Amendments and require a majority plus one vote. Munk explained the items and read only the caption of both ordinances on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second Smith to approve both ordinances on first reading. Approved 6-0. Public Hearing to consider Rezoning a 4.75 acre tract in the Joseph Fish Survey, from A, Agricultural, to RM -3, Residential Office and Service Use, or more restrictive district, located at the southeast corner of the intersection of Penny Lane and Williams Drive -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray explaihed Items 9 and 13. The public hearing was opened at 10:39 p.m. An unidentified woman from the audience said she is one of the owners asked Council to approve the rezoning so the property can be developed. The public hearing was closed at 10:41 p.m. 10. First Reading of an Ordinance Rezoning a 4.75 acre tract in the Joseph Fish Survey, from A, Agricultural, to RM -3, Residential Office and Service Use, or more restrictive district, located at the southeast corner of the intersection of Penny Lane and Williams Drive -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray read only the captions of the two ordinances in Items 10 and 14 on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Evans to approve the two ordinances on first reading. Approved 6-0. 11. There was no Item 11. City Council Meeting Minutes/March 25, 2003 Page 11 of 12 Pages 12. First Reading of an Ordinance for a Century Plan Amendment from the existing Intensity Level 2 to the proposed Intensity Level 4, for 4.76 acres out of the Joseph Fish Survey, located off FM 2338 (Williams Drive), and Penny Lane — David Munk, Development Engineer and Amelia Sondgeroth, Director of Planning and Development Services This item was handled earlier following Item 8. 13. Public Hearing to consider Rezoning of a 4.76 acre tract in the Joseph Fish Survey, from A, Agricultural to RM -3, Residential Office and Service Use, or more restrictive district, located at the northwest corner of the intersection of Penny Lane and Williams Drive (FM 2338) -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services This item was handled earlier along with Item 9. 14. First Reading of an Ordinance Rezoning of a 4.76 acre tract in the Joseph Fish Survey, from A, Agricultural to RM -3, Residential Office and Service Use, or more restrictive district, located at the northwest corner of the intersection of Penny Lane and Williams Drive (FM 2338) -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services This item was handled earlier along with Item 10. U Discussion and possible action regarding Charter Amendment Ballot Language and corresponding text changes to Charter -- Patricia E. Carls, City Attorney Carls explained the item and pointed out the language that is not identical to the recommendations made by the Charter Committee. Motion by Smith, second by Sansing to make all of the items on Proposition 13 as a single item. Carls noted that 13C and 13P could be removed from the ballot. Smith withdrew his motion. Sansing withdrew his second. V Consideration and possible action to approve a resolution amending Resolution No. 011103-M-2 and Resolution No. 031103-U to further correct references to Charter section numbers on the ballot language and to make any other changes found necessary by the Council for the Charter Amendment Election and to appoint election officials for the May 3, 2003 General Election -- Sandra D. Lee, City Secretary and Patricia E. Carls, City Attorney Carls explained the item. Motion by Sansing, second by Snell to approve the resolution with the removal of Item 13C and 13P. Approved 6-0. Sansing thanked future councilmember Eason and council candidate Fomby for staying for the entire council meeting. adjourned at 11:07 p.m. Adjournment The meeting was adjourned at 11:07 PM. Approved `Mayorary Nelon City Council Meeting Minutes/March 25, 2003 Page 12 of 12 Pages Attest: City Secretary Sandra Lee