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MIN 05.27.2003 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: E Council Absent: y Patty Eason, Gabe Sansing, Doug Smith, Jack 11 All Council present Noble, John Kirby, 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; Micki Rundell, Director of Finance and Administration; Amelia Sondgeroth, Director of Development Services; Charlie Walker, Economic Development Director; Ed Polasek, Chief Long -Range Planner; Bobby Ray, Chief Current Planner; Carla Benton, Development Planner; Melissa McCollum, Development Planner; Terry Jones, Support Services Manager PolicyDevelopment/Review Workshop Regular Session to convene and continue Executive Session, if necessary Executive Session 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 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/Settlement Offers - Don L. Dison Complaint to FAA - CTSUD regarding Water Quality Land Application for Proposed Permit No. 14371-001 before the TCEQ - Legal Advice Regarding Agenda Items and other Matters - Legal issues related to the proposed SIMON Development Agreement for Wolf Ranch Project B Sec. 551.087 deliberation regarding economic development negotiations -Discussion or deliberation regarding commercial or financial information received from SIMON related to the Wolf Ranch project and/or to deliberate the offer of a financial or other incentive to SIMON C Call to Order - Called to order at 6:05 p.m. D Pledge of Allegiance Mayor Nelon led the Pledge. City Council Meeting Minutes/May 27, 2003 Page 1 of 10 Pages Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor welcomed the audience and gave a brief outline of meeting procedures. - Announcement of vacancies on City Boards/Commissions Mayor Nelon announced the following vacancies: - One vacancy on the Main Street Advisory Board - One vacancy on the Planning and Zoning Commission - Two vacancies on the Board of Adjustment - Recognition of Renee Hanson for receiving a national award as one of three "Friends of Main Street" -- Mayor Gary Nelon Mayor Nelon announced that Renee Hanson was named the 2003 Hero of Main Street by the National Main Street Center of the National Trust for Historic Preservation in Washington. He described her contributions to downtown Georgetown. Hanson thanked her family, the volunteers with whom she served, and the present and past City Councils who gave their support to the downtown area. - Recognition of Red Poppy Festival Volunteers Mayor Nelon recognized and presented certificates to: Ellie Skross, Kevin Stofle, Karen Frost, Patty Eason, Susan Firth, Mary Spiegler, Cindy Posey, Keith Hutchinson, Gina Stewart, Tiffany Ake, Glenda Overfelt, Cari Miller, Tina Dunbar, Shannon Baldridge, Katy Kroll, Charlie Walker, and Tom Homerding F Announcements and Comments from City Manager Brandenburg announced the following: The City of Georgetown budget has once again received the Distinguished Budget Presentation Award from the Government Finance Officers of America (GFOA). The Georgetown Website has been chosen as a finalist for the Texas Association of Municipal Information Officers Award. The winners in all 13 categories will be announced on June 6. New Councilmember orientation will be tomorrow at City Hall. G Citizens Wishing to Address Council - B. Keith Peshak, 800 Oak Crest Lane, regarding "Farley Snell motion, passed 4 to 3 by Council to take millions and millions of future taxpayer liability and turn it to cash for a Georgetown resident." Peshak told Council that the City continues to violate FAA regulations at the Georgetown Airport and gives away millions of dollars in city income. Don Dison, 607 Esparada, told Council that he will pay 17 cents per square foot to rent from the City a 90,000 square foot piece of property on which he will build shade hangars. He noted that he will pay the City $1,530/month or $18,360/year; will build 28 shade hangars for single-engine privately -owned aircraft that he will rent for approximately $100/month which is $2800/month gross income minus the $1530 lease payment, which comes to $33,000 gross revenue per year of which $18,000 goes to the City, which leaves $14,240 revenue per year. Noble noted for the record that he had voted against that item. H Action from Executive Session Motion by Smith, second by Evans to retain the services of Carol Palumbo of McCall, Parkhurst, and Horton to assist the City with the Simon Development Agreement. Approved 6-0 with one abstention. (Kirby abstained) Motion by Smith, second by Eason to retain the firm of Hurst, Savage, Vandaburg and to review and update the City's lease forms. Approved 6-0 with one abstention. (Kirby abstained) City Council Meeting Minutes/May 27, 2003 Page 2 of 10 Pages Consideration and possible action to approve the minutes of the Council Workshop on Monday, May 12, the Regular Council Meeting on Tuesday, May 13, and the Special Council Budget Priority Meeting on Thursday, May 20, 2003 -- Sandra D. Lee, City Secretary Noble noted that Item X on the minutes of May 13 should state "denied 34" instead of "approved 3-4." Kirby noted that Item 3, (page 6, Item Q-3) should read: Kirby said he has talked to almost every person in District 5, and said about 95% would support a strategy to "restrict growth of the 65 DNL noise contour beyond airport boundaries." Consideration and possible action regarding a resolution approving an amendment to the 2002/03 Georgetown Transportation Enhancement Corporation (GTEC) budget in the amount of $70,000 -- Micki Rundell, Director of Finance and Administration K Consideration and possible action to accept Lot 17, Block C in Katy Crossing as credit for parkland dedication fees in Ryan's Cove Subdivision -- Randy Morrow, Director of Parks and Recreation Consideration and possible action to approve a request to apply for a Universal Hiring Program Grant -- Kevin Stofle, Assistant Police Chief and David Morgan, Police Chief (questions from Snell) Snell asked and Rundell clarified the funding to be received with the proposed grant. Rundell said this is an application to the federal government for the possibility of receiving funding for a fourth police officer in the hiring program. She said this is a matching grant and the first year the City would receive all but 25% of the salary and benefits of the officer, the next year would be all but 30%, and the next year all but 35%, and the fourth year, the City would absorb all the costs. She said it has not yet been determined from where the City's share of the cost will be taken, but could be considered during the upcoming budget year, if in fact, the City does receive approval for the grant. M Contracts and Agreements 1. Consideration and possible action to approve a Second Amendment to the City of Georgetown Agreement with JIMP Land Services, L.L.C. for Professional Services -- 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 related to the design of the 13th Street Water Line Project -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations 3. Consideration and possible action to approve a contract amendment to the existing Professional Services Agreement between the City of Georgetown and Roming, Parker & Kasberg, L.L.P., to provide professional engineering services related to the 2002-2003 Thirteenth Street rehabilitation and Drainage improvements -- Mark Miller, Transportation Manager and Jim Briggs, Assistant City Manager for Utility Operations 4. Consideration and possible action to approve a contract amendment between the City of Georgetown and Camp, Dresser, and McKee, Inc (CDM) for professional services relating to the design of the Hutto Road Wastewater Line Project -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations N Consideration and possible action on a Public Review Final Plat for 2.418 acres in the Joseph Fish Survey, to be known as Woodlake Subdivision, Phase 5, located off of Williams Drive -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Motion by.Sansing, second by Noble to approve the Consent Agenda with corrections to the minutes. Approved 7-0. Legislative Regular Agenda O Wolf Ranch Development 1. Consideration and possible action regarding a recommendation from the Economic Development Commission that the City Council approve the Wolf Ranch Development -- Dr. Ronald Swain, Chair of the Economic Development Commission and Charlie Walker, Economic City Council Meeting Minutes/May 27, 2003 Page 3 of 10 Pages Development Director Councilmember John Kirby noted that he had signed an affidavit of conflict of interest and is not able to participate in deliberations involving the Wolf Ranch Project due to property holdings of his son in law, and therefore, removed himself from the dais for all discussion and action involving Wolf Ranch. Dr. Swain presented a resolution to the Mayor from the Economic Development Commission (EDC). He asked the members of the EDC to stand and explained that the Commission supports the Wolf Ranch Development by Simon Property Group. He read the resolution. Gerald McDonald, 122 Stetson Trail. told Council he did a detailed analysis of his family's discretionary spending for a year and 72% of their spending went to Round Rock, Austin, and Cedar Park. He said Georgetown deserves quality performance in all areas, and asked the Council to support the Wolf Ranch Project. Jennifer Fomby, 30410 Berry Creek Drive, said the Wolf Ranch Project is very important to the citizens of Georgetown because it gives jobs to teens in Georgetown and keeps them from having to shop in Austin and Round Rock. Christopher Damon, 1708 Olive Street, said he purchased the Masonic Lodge building on the square and has been working hard to find a tenant to occupy the space. He said he thinks the only thing the Wolf Ranch Development still needs is a balcony. He encouraged the Council to approve the Wolf Ranch project. He said it will help promote Georgetown and will help the square because of the increased shopping activity. Janice Conti -Brown, 706 E. 15th Street, said she bought her house in Georgetown because it was a small town where she could walk to shopping. She said she is not in favor of the Wolf Ranch property. She said she is concerned about environmental pollution from the cars that will park at the shopping center. She asked why the City is not reimbursing local businesses for what they have done. She suggested looking at property values around the shopping malls in Round Rock and Pflugerville. Joel Broussard, 2909 Gabriel View Drive, said he and his wife have enjoyed 12 years of business in Georgetown and they want that to continue. He said he would like to see the Wolf Ranch development occur here in Georgetown rather than somewhere else. Ashleigh Vick, 1602 E. 17th Street, said the sales tax is going to Round Rock and needs to stay in Georgetown, and the shopping center will provide jobs for high school kids. She said she didn't think the mall would hurt the square. Steven Shepherd, 406 Riverdown Road, said he is concerned about the runoff into the rivers, but is pleased about the possibility for extension of the Hike and Bike Trail. Ellie Skross, 30106 Carmel Bay, said she is one of the small retailers downtown and is in favor of the project because Simon is reputable and they have said they will try to promote the square as the heart of Georgetown. Bill Chapman, 515 Riverview, said his statements have already been made. Joshua McClure, 106 River View Cove, said he is firmly in support of the development. He said he is the Vice Chair of the Main Street Advisory Board and is working toward keeping the downtown alive. He said people are the "oxygen" that will keep the downtown alive. Chris Aadnesen, 30205 Oak Tree Drive, said he listened to the Simon presentation at the Planning and Zoning Commission Meeting and he was very impressed with the desire of the Simon Group to blend with the community. He spoke about the safety aspect of not having to drive out of town to shop. Richard Anderson, 3010 Gabriel View, said Simon is a premier developer and he believes they will be good citizens. He said the project will attract other quality commercial and industrial development. He said he thinks it will be possible to have a development like this and still have a vibrant downtown. City Council Meeting Minutes/May 27, 2003 Page 4 of 10 Pages Ed Jasperson, 110 Saddle Trail, said one of the reasons he and his wife moved to Sun City was because of the "quaintness" of the downtown. He said he read an article that said the "people in Sun City" want this big new development. He said he is not in favor of the City paying money up front. He said if he was a downtown business owner, he'd be scared of all the new stores coming in. He said he is worried about the survival of the downtown. He wanted Council to know that not everyone in Sun City is in favor of the new mall. Mel Pendland, 30207 Oak Tree Drive, President of the Georgetown Chamber of Commerce, said he is speaking on their behalf, and said the Wolf Ranch development is a "good deal" for Georgetown. He commended the Simon Group and the proposed development. He said Simon will work closely with downtown Georgetown to make sure it remains vibrant. Marvin Waley, 20128 Westlake Parkway, owner and operator of the Cafe on the Square, offered his support for the Wolf Ranch project. He said there will be an enormous impact on the entire community, and he urged Council to support the development. Johnny Anderson, 418 Champions Drive, said this project is the "poster child" for smart growth in Georgetown. He said this development has been designed according to the Unified Development Code, and the project strikes a great balance between growth and maintaining the quality and charm of Georgetown. He encouraged the Council not to delay the development. Motion by Snell, second by Sansng that the Council approve the Wolf Ranch development contingent upon the adoption of a development agreement. Evans said he agrees with what was said in the Economic Development Commission Resolution. He said he is proud of what the proposed development will look like. He said he has problems with the $15 million that the City is expected to finance. He said he has felt that it would be necessary to partner with private developers in order to continue to improve the downtown, and he is looking forward to using part of the revenue stream from the Wolf Ranch project to begin to finance the downtown area and implement the Downtown Master Plan. Carts said each of the items regarding the Wolf Ranch Development need to be considered separately, such as a Century Plan Amendment and a Planned Unit Development. Mayor suggested that Item 0-5 be moved forward. 5. Consideration and possible action to approve a resolution encouraging the commercial development of approximately 101.65 +/- acres out of the Clement Stubblefield Survey, Abstract No. 558, located at the southwest corner of the intersection of IH 35 and SH 29, to be known as Wolf Ranch; and authorizing staff to enter into final negotiations regarding economic development incentives -- Tom Yantis, Assistant City Manager and Patricia E. Carts, City Attorney Yantis read the caption of the resolution. Snell and Sansing withdrew their previous motion. Motion by Snell, second by Sansng that the Council approve the Wolf Ranch development contingent upon the adoption of a development agreement. Smith said he understands that the community is in favor of the project, and he will vote in favor of it, but is concerned about the $29 million, specifically, the way the incentives are structured, saying the incentives should be based on quality (over and above that required by the Unified Development Code). He said he also thinks there is a possibility it could have a negative effect on downtown. Motion by Smith, second by Evans to amend the motion to provide Simon with $29 million worth of incentives as follows: $10.5 million for roads, $3.5 million for utilities, $5 million for onsite Wolf Ranch amenities (the Wind Park, the fountains, the parkland, etc.), and $10 million in enhancement for downtown Georgetown, like a project for the Draeger property, or something that would enhance downtown Georgetown. Noble said he feels there will be a revenue stream that will allow funding for downtown and feels it would "undo" what is trying to be done for Simon, so he would not support the amendment. Evans said although he seconded the amendment, and wants to emphasize that help is needed in the downtown area, he doesn't want to unravel the arrangement at Wolf Rancch and he would not support the amendment. Sansiing said it is important to support downtown but he is not willing to City Council Meeting Minutes/May 27, 2003 Page 5 of 10 Pages take away from the development at Wolf Ranch, so he would not support the amendment Denied 5-1 with one abstention. Amendment failed. (Kirby abstained) Keith Peshak, 800 Oak Crest Lane, noted that John Kirby had recused himself. He questioned a comment made by Councilmember Smith. Bob Brent, 30104 Briarcrest Court, said there is no question that this is a great asset to the community and feels it will be an answer to help downtown. He said as Chair of the Chamber of Commerce he has never seen such excitement about a project in Georgetown. Sansing said he talked to the citizens in the TRG Neighborhood in Georgetown and the mall would represent jobs for citizens as well as summer jobs for the high school kids. He asked to make clear that the City is not upfronting the money for the infrastructure, emphasizing that the money would be paid back to Simon from revenues generated by the project. Vote on the original motion: Approved 6-0 with one abstention. (Kirby abstained) 2. First Reading of an Ordinance for a Century Plan Amendment for 104.19 acres out of the Clement Stubblefield Survey, to change the Intensity Level 3 to the proposed Level 5, and to modify the Thoroughfare Plan by shifting the proposed southern extension of CR 265 from the east to the west in order to connect to the proposed Southwest Inner Loop, located at the southwest corner of the intersection of IH 35 and SH 29 -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning & Development Polasek read the caption only of the ordinance after having satisfied the requirements of the City Charter. Motion by Evans, second by Snell to approve the ordinance on first reading. Approved 6-0 with one abstention. (Kirby abstained) Public Hearing to consider the establishment of a Planned Unit Development (PUD) for 102.627 acres out of the Clement Stubblefield Survey, Abstract No. 558, located at the southwest corner of the intersection of IH 35 and SH 29 -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning & Development Sondgeroth said the Planning and Zoning Commission voted unanimously on May 6 to approve the PUD zoning with the stipulation that the issues brought forth by citizens living in San Gabriel Heights regarding access be addressed prior to the City Council Meeting. She said the issues were addressed and she said she would read the language addressing access at the item for the first reading of the ordinance. She described the manner in which the proposed development conforms, and in many ways, exceeds the requirements of the Unified Development Code. She noted that the project meets the required approval criteria. She said the timing of the infrastructure improvements in regard to transportation and utilities will be extremely important and the development agreement will be very important to that aspect of this project. She said the Planning and Zoning recommendation was that the Council approve the requested PUD with a base zoning district of C-3 and that the city staff work closely with the residents to address parkland access. Mayor announced to anyone that had signed up to speak on the "W" items on the agenda that those items have been pulled by the applicant and will not be considered on this agenda. Charlie Crossfield introduced Charles Hodges with Simon Group who gave a slide presenation about the project. Myles Minton thanked the Council and staff for working with Simon Group. He said their goal is to create a master planned environment that would be a lasting success and a sense of place for Simon. He said they build projects not to sell, but to keep forever. He said Simon Group wants to do things that will enhance the culture of the community. He said he thinks their marketing will enhance the core quality of shopping in Georgetown. Evans suggested that Simon Group work with the City to create some partnerships and introduce other developers to the downtown area. Della Green, 1901 Vine Street, told Council she is in full support of the project and thinks it will City Council Meeting Minutes/May 27, 2003 Page 6 of 10 Pages enhance the Ctiy's tourism business. She suggested that the mall include an ampitheatre to help tourism. The public hearing was closed at 8:14 p.m. 4. First Reading of an ordinance to consider the establishment of a Planned Unit Development (PUD) for 102.627 acres out of the Clement Stubblefield Survey, Abstract No. 558, located at the southwest corner of the intersection of IH 35 and SH 29 -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning & Development Sondgeroth read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. She also read the section of the ordinance pertaining to the parkland access language that was modified due to the concerns of the San Gabriel Heights neighborhood. Motion by Evans, second by Noble to approve the ordinance on first reading. Approved 6-0 with one abstention. (Kirby abstained) 5. Consideration and possible action to approve a resolution encouraging the commercial development of approximately 101.65 +/- acres out of the Clement Stubblefield Survey, Abstract No. 558, located at the southwest corner of the intersection of IH 35 and SH 29, to be known as Wolf Ranch; and authorizing staff to enter into final negotiations regarding economic development incentives -- Tom Yantis, Assistant City Manager and Patricia E. Carls, City Attorney This item was handled earlier following Item 0-1. 8:18 p.m. -- recessed 8:27 p.m. -- reconvened P Economic Development 1. Discussion and possible action regarding the termination of the City's business recruitment and retention services contract with Tip Development Strategies, Inc. -- Dr. Ronald Swain, Chair of the Economic Development Commission and Charlie Walker, Economic Development Director Walker gave Council a brief description of the purpose of the item. Dr. Swain said the Economic Development Commission recommends that the contract with Tip Development Stratgeies be terminated. Motion by Snell, second by Smith to approve the termination of the contract. Approved 7-0. 2. Discussion and possible action regarding the organizational restructuring of the Economic Development Department to allow for a more concentrated focus on Business Recruitment and Retention -- Dr. Ronald Swain, Chair of the Economic Development Commission and Charlie Walker, Economic Development Director Dr. Swain said the Economic Development Commission recommends the restructuring of the Economic Development Department to allow more concentrated focus on business retention and recruitment and recommends that the Council approve the suggested restructuring plan provided by the City Manager where the Main Street Coordinator and Tourism Director report directly to the City Manager. Brandenburg said this is a reorganization to promote efficiency and separate retention/recruitment and tourism promotion. Motion by Smith, second by Sansing to approve of the restructurihng and to fund a new position for tourism. Approved 7-0. Q Consideration and possible action regarding the Red Poppy Festival 2003 Report from the Main Street Advisory Board and request to continue the Red Poppy Festival in 2004 -- Bryant Boyd, Chair of the Main Street Advisory Board and Charlie Walker, Economic Development Director Boyd introduced Glenda Overfelt who distributed and explained the Summary of the 2003 Red Poppy Festival, including a preliminary budget that shows that the Red Poppy Festival cleared almost $20,000 for the Facade Fund. Motion by Sansing, second by Evans to continue the Red Poppy Festival in 2004. Approved 7-0. R Consideration and possible action regarding the update to the Georgetown Municipal Airport FAR Part 150 Airport Noise Compatibility Study-- Tom Yantis, Assistant City Manager Yantis introduced the item and noted to Council that staff had been directed to update the noise study and City Council Meeting Minutes/May 27, 2003 Page 7 of 10 Pages modify the numbers of aircraft. He said although changes could be made to the document, he would like to have the Council's consideration that the cost of $43,000 to do the update is worth the results that would be obtained. Nelon noted that this item requires a suspension of the rules with a vote of majority plus one; then a motion will be needed from a member of the prevailing side. Motion by Smith, second by Evans to suspend the rules. Approved 7-0. Motion by Snell, second by Noble to reconsider Item N-2 from the March 25 meeting. Approved 7-0. It was determined that the noise study would ordinarily be updated in five years. There was further discussion. Keith Peshak, 800 Oak Crest Lane, talked to Council about the "stigma" zone surrounding airports. Peshak said Councilmembers violated federal regulations in their approval of an incorrect noise study. Kathryn Heidemann, 407 Golden Oaks Drive, told Council she had served on the noise study committee, said previously she was not in favor of the noise study, and she said she thinks they should request a reduced projected increase if they vote to spend the money to have the study updated. Motion by Snell, second by Kirby to amend the original motion to exclude the reference to revising the based aircraft so that the motion now reads: "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 and remove the 55 and 60 DNL contours, and with this, to proceed to complete the study." Approved 7-0. S Consideration and possible action on the award of the annual bid for janitorial and floor cleaning services to Pro Commercial Cleaning Services in the amount of $159,515.50 -- Terry Jones, Support Services Manager and Micki Rundell, Director of Finance and Administration Jones reviewed the background information concerning this item. Snell questioned the points to be awarded. Noble asked and Jones replied that the City has saved $29,000 on this bid. There was further discussion regarding the point system. Motion by Smith, second by Noble to approve the award of bid. Approved 7-0. T Consideration and possible action on a Public Review Final Plat for 35.991 acres in the John Sutherland and C. Joyner Surveys, to be known as The Woods of Fountainwood, Phase 4, located off of Jim Hogg Road, with variances to the Subdivision Regulations -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Benton explained the item and the requested variances and read the conditions of approval. She said the Planning and Zoning Commission recommends approval. Motion by Noble, second by Sansing to approve the public review final plat subject to meeting the conditions of approval, after making the required findings of fact. Approved 7-0. U Consideration and possible action on a Public Review Final Plat for 13.75 acres in the William Roberts Survey, to be known as The Reserve at Berry Creek, Section 1 B, located off Champions Drive and the extension of Shell Spur Road, with variances to the Subdivision Regulations -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development McCollum explained the item and the requested variances and noted that the Planning and Zoning Commission had approved unanimously based on the required findings of fact and provided the technical issues were addressed prior to the City Council consideration. She noted that those technical issues have been addressed. Arnold Weider, 30120 Briarcrest Drive, told Council that the connection of the extension of Shell Spur Road is much needed. Motion by Kirby, second by Sansing to approve based on the findings of fact and provided conditions of support are met. Approved 7-0. V Second Readings 1. Second Reading of an Ordinance Rezoning .996 acres out of the Lewis J. Dyches Survey from RS, Residential Single-family to C-3, General Commercial, or more restrictive district, located on the northbound frontage IH -35 south of the Inner Loop — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development City Council Meeting Minutes/May 27, 2003 Page 8 of 10 Pages Ray read the caption only of the ordinance on second reading. Motion by Noble, second by Kirby to approve Ordinance No. 2003-29. Approved 7-0. 2. Second Reading of an Ordinance Rezoning 4.8194 acres out of the Lewis J. Dyches Survey from RS, Residential Single-family to C-3, General Commercial, or more restrictive district, located on the northbound frontage of IH -35 at 4111-4218 South IH -35 -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray read the caption only of the ordinance on second reading. Motion by Kirby, second by Evans to approve Ordinance No. 2003-30. Approved 7-0. 3. Second Reading of an Ordinance Rezoning of .792_692 and .0028 acres out of the Joseph Fish Survey from A, Agricultural to C-1, Local Commercial, or more restrictive district, located at 4701 and 4711 Williams Drive (FM2338) north of Shell Road — Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray read the caption only of the ordinance on second reading. Motion by Kirby, second by Sansing to approve Ordinance No. 2003-31. Approved 7-0. 4. Second Reading of an Ordinance Rezoning of 1.102 acres out of Block 3 of the City of Georgetown from RS, Residential Single-family to C-2, Downtown Commercial, or more restrictive district, located between Austin Avenue and Rock Street, north of 2nd Street -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray read the caption only of the ordinance on second reading. Motion by Evans, second by Noble to approve Ordinance No. 2003-32. Approved 7-0. 5. Second Reading of an ordinance providing for the annexation into the 16.00 acres in the William Addison Survey, located south of the intersection of County Road 188 and State Highway 29 -- Ed Polasek, Long -Range Planner and Amelia Sondgeroth, Director of Planning and Development Polasek read the caption only of the ordinance on second reading. Motion by Snell, second by Noble to approve Ordinance No. 2003-33. Approved 7-0. 6. Second Reading of an ordinance providing for the annexation into the City Block 1, Lot 22-A, San Gabriel Estates Subdivision, located north of the intersection of Booty's Crossing Road and Kathi Lane -- Ed Polasek, Long -Range Planner and Amelia Sondgeroth, Director of Planning and Development Polasek read the caption only of the ordinance on second reading. Motion by Sansing, second by Smith to approve Ordinance No. 2003-34. Approved 7-0. W Public Hearings / First Readings 1. Consideration and possible action on a Major Revision to an adopted Development Plan associated with the Planned Unit Development for the Everette Williams Elementary School, located at 507 E. University Avenue -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development This item was pulled from Council consideration by the applicant. 2. Public Hearing to consider the Rezoning of 1.0818 acres, described as Block B of the South San Gabriel Urban Renewal Tract from MF Multi -Family District to C-1, Local Commercial District located on the south side of West University Avenue (SH29) between Scenic Drive and Railroad Street -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development This item was pulled from Council consideration by the applicant. 3. First Reading of an Ordinance to Rezone 1.0818 acres, described as Block B of the South San Gabriel Urban Renewal Tract from MF M ulti-Family District to C-1, Local Commercial District located on the south side of West University Avenue (SH29) between Scenic Drive and Railroad City Council Meeting Minutes/May 27, 2003 Page 9 of 10 Pages Street -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development This item was pulled from Council consideration by the applicant. 9:25 p.m. -- Motion to adjourn The meeting was adjourned at 09:25 PM. Approyed : Mayor Ga Nelon { City Council Meeting Minutes/May 27, 2003 Page 10 of 10 Pages Attest City Secretary Sandra Lee