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MIN 12/16/2003 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. E Council Present: �� Council Absent: !� Doug Smith, Mayor Pro Tem, Patty Eason, Farley Ken Evans, due to resignation j Snell, Jack Noble, Gabe Sansing, John Kirby Paul Brandenburg, City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Trish Carls, City Attorney; Shirley Rinn, Deputy City Secretary; Micki Rundell, Director of Finance and Administration, Amelia Sondgeroth, Director of Planning and Development Services; Eric Lashley, Director of Library Services, Terry Jones, Purchasing Director, Laurie Brewer, Controller; Bobby Ray, Chief Development Planner; Ed Polasek, Chief Long -Range Planner; Mark Miller, Transportation Services Manager; Glenn Dishong, Water Services Manager; Mike Mayben, Energy Services Manager; Melissa McCollum, Development Planner; Carla Benton, Development Planner, John Aldridge, Systems Engineer, Rachel Osgood, Key Account Specialist, John Applewhaite, Network Manager, David Munk, Development Engineer, Mark Thomas, Economic Development Director, Shelly Hargrove, CVB Director and Main Street Manager, Shannon Baldridge, CVB Director and Main Street Manager, Keith Hutchinson, Public Information Officer Executive Session 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 - Legal Advice Regarding Agenda Items and other Matters - Provision of electric service to City Owned facilities B Sec.551.072 deliberation on real property - Discussion and possible action regarding acquisition of property for downtown parking C Sec.551.074 personnel matters D Call to Order Meeting was called to order at 6:00pm. City Council Meeting Minutes/December 16, 2003 Page 1 of 15 Pages E Pledge of Allegiance F Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments -- Mayor Gary Nelon - Board/Commission Vacancies: - One position on the Library Board (expires February 2005) - One position on the Airport Board (expires February 2005) G Announcements and Comments from City Manager Brandenburg updated council about the upcoming Angelou Economic Forecast, Special Meetings and the District 7 Election. Keith Peshak regarding "bullies on the City Council" and police cars. Mr. Peshak discussed his meeting with city staff regarding police cars. Audrey McDonald addressed the Council to praise Jack Noble for dealing with a constituent's concerns. I Action from Executive Session There was no action out of Executive Session. The Statutory consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the Council discuss and act upon it individually as part of the Regular Agenda. J Consideration and possible action to approve the minutes of the Special Council Meeting on Monday, December 8 and the Council Workshop and Meeting on Tuesday, December 9, 2003 -- Sandra D. Lee, City Secretary K Consideration and possible action to authorize the Georgetown Public Library to apply for a $2,500 grant from the 2003 Texas Book Festival, to be used to purchase circulating library materials -- Eric Lashley, Library Director L Consideration and possible action to approve the purchase of cellular phone service from AT&T Wireless through the State of Texas purchasing contracts in the estimated annual amount of $30,000.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration Discussion whether or not all of these phones are with one server. M Consideration and possible action to approve an award of annual bid for tires and tubes to Gray's Wholesale Tire Distributors in the estimated annual amount of $16,957.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of Finance and Administration N Consideration of review and possible action for a contract between the City of Georgetown and Dunham Engineering to provide professional services related to the rehabilitation of the Berry Creek Ground Storage in the amount of $17,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations O Consideration and possible action to approve an amendment to the contract between the City of Georgetown and Roming-Parker and Kasperg, L.L.P., for engineering services related to Railroad Street and 10th Street alignment in an amount not to exceed $44,000.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations P Consideration and possible action on a Public Review Final Plat for 11.626 acre tract to be known as Replat of Cimarron Fulls, Phase 1, Section 4, lots 15 and 16, and 6.556 acres out of the A. H. Porter Survey, located on Cimarron Hills Trail West — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services City Council Meeting Minutes/December 16, 2003 Page 2 of 15 Pages This item was addressed in the regular legislative agenda. Q Consideration and possible action on a Public Review Final Plat for 9.621 acre tract to be known as a Replat of Cimarron Hills, Phase 3, Section 1, to include 6.117 acres out of the A. H. Porter Survey, located on Cimarron Hills Trail West — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services This item was addressed in the regular legislative agenda. R Consideration and possible action on a Public Review Final Plat for 73.19 acre tract out of the A. H. Porter Survey, to be known as a Planned Unit Development of Cimarron Hills, Phase 4, Section 1, located off SH 29 and Cimarron Hills Trail East — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services This item was addressed in the regular legislative agenda. S Consideration and possible action on Public Review Final Plat for 133.688 acre tract out of the A. H. Porter Survey, to be known as a Planned Unit Development of Cimarron Hills, Phase 5, Section 1, located throughout the subdivision — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services This item was addressed in the regular legislative agenda. T Consideration and possible action on a Variance to the Subdivision Regulations for Reata Trails, Block P, Lot 1, located at 110 Lakeway Boulevard on the corner of Lakeway Boulevard and Dawn Drive — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Motion by Smith, second by Kirby to approve the Consent Agenda with correction to the minutes and the exception of Items P, Q, R. & S that was pulled to the Regular Agenda. Approved 6-0. Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: P Consideration and possible action on a Public Review Final Plat for 11.626 acre tract to be known as Replat of Cimarron Hills, Phase 1, Section 4, Lots 15 and 16, and 6.556 acres out of the A. H. Porter Survey, located on Cimarron Hills Trail West — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Benton described the development process and how this item arrived at this point. She told council that a Public Review Final Plat is the same thing as a Preliminary Plat. Benton clarified that this item has gone to Planning & Zoning Commission for review. Benton described the item. Motion by Eason, Second by Sansing to approve Items P,Q,R & S. Approved 6-0. Q Consideration and possible action on a Public Review Final Plat for 9.621 acre tract to be known as a Replat of Cimarron Hills, Phase 3, Section 1, to include 6.117 acres out of the A. H. Porter Survey, located on Cimarron Hills Trail West — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Motion by Eason, Second by Sansing to approve Items P,Q,R & S. Approved 6-0. R Consideration and possible action on a Public Review Final Plat for 73.19 acre tract out of the A. H. Porter Survey, to be known as a Planned Unit Development of Cimarron Hills, Phase 4, Section 1, located off SH 29 and Cimarron Hills Trail East — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Motion by Eason, Second by Sansing to approve Items P,Q,R & S. Approved 6-0. S Consideration and possible action on Public Review Final Plat for 133.688 acre tract out of the A. H. Porter Survey, to be known as a Planned Unit Development of Cimarron Hills, Phase 5, Section 1, located City Council Meeting Minutes/December 16, 2003 Page 3 of 15 Pages throughout the subdivision — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Motion by Eason, Second by Sansing to approve Items P,Q,R & S. Approved 6-0. U Discussion and possible action on a request that the city staff study the legal and fiscal ramifications to the City of a proposed privately -funded aviation museum at the Georgetown Municipal Airport -- Councilmember Farley Snell Snell discussed the item and Howard Fomby provided a presentation regarding this request. He discussed the need to maintain the stories and artifacts of our past and the importance of sharing those instead of keeping them hidden. He said that it was important to educate people about aviation science. He also discussed how a museum would help tourism in our City. He also discussed how a museum building would help with noise abatement. He told Council that the City needed a Master Plan to plan for the future and discussed a possible location for the museum in relation to the Master Plan. He said that the City would need manpower, which could be attained by a private foundation. He also said that the City would need money to fund an aviation museum, and that there is an anonymous donor who has pledged to give $1 Million to this project, as well as artifacts for the museum. He also said that TXDOT has indicated that it would match the funds, which means that this project would start with $2 Million. Don Dison spoke to council and told them that December 17, 2003 was the 100 year anniversary of the Wright Brothers first flight. He discussed the positive aspects of having an aviation museum in Georgetown. Mr. Dison indicated to the Council that he would like to rescind his right to lease hangar space under his agreement with the City and requested that the City allow him to contribute his land for the aviation museum Keith Peshak discussed negative aspects of a museum. He talked about what would happen if the private money goes away. His concern is that public money would then have to take over. He also discussed the disparity of rental prices of hangar space and fuel. Motion by Snell, Second by Sansing to request that the city staff study the legal and fiscal ramifications to the City of a proposed privately -funded aviation museum at the Georgetown Municipal Airport and encourage the Airport Advisory Board to work with this group in ways that are appropriate and to advise our consultant of anything that is occurring in this connection. Approved 6-0. Sansing told the Council about the museum and restaurant at the Fredericksburg Airport and how good it would be have this type of facility in Georgetown. V Consideration and possible action revising the current City of Georgetown Investment Policy -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Rundell explained the item and read the caption of the Resolution. Motion by Noble, Second by Eason to revise the current City of Georgetown Investment Policy. Approved 6-0. W 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 September 30, 2003 -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Rundell explained the item Motion by Smith, second by Sansing 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 September 30, 2003. Approved 6-0 X Consideration and possible action to approve a resolution expressing official intent to reimburse costs of certain Georgetown Transportation Enhancement Corporation (GTEC) infrastructure projects not to exceed $8,700,000 with proceeds from bonds that will be issued at a later time -- Micki Rundell, Director of Finance and Administration City Council Meeting Minutes/December 16, 2003 Page 4 of 15 Pages Rundell explained the item. Motion by Sansing, second by Smith to approve a resolution expressing official intent to reimburse costs of certain Georgetown Transportation Enhancement Corporation (GTEC) infrastructure projects not to exceed $8,700,000 with proceeds from bonds that will be issued at a later time. Approved 6-0 Y Second reading of an ordinance amending the 2002/03 Annual Operating Plan Element (budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests and revenue collection rates -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Brewer read the caption of the ordinance on second reading and explained the item to council. Motion by Kirby, Second by Noble to approve Ordinance No. 2003-87. Approved 6-0. Z Public Hearings/First Readings 1. First and only reading of an ordinance authorizing the issuance of the City of Georgetown, Texas Utility System Revenue Bonds, Series 2003, in an amount not to exceed $7,005,000, approving an official statement and other matters related to the issuance of the bonds -- Micki Rundell, Director of Finance and Administration Rundell explained this item to Council. Rundell read the caption only cif the ordinance after having satisfied the requirements of the City Charter. Gary Kimball, First Southwest Company, the City's bond counsel, reviewed the Financial Pricing Summary for the Utility System Revenue Bonds, Series 2003 with Council. Motion by Snell, second by Sansing to approve Ordinance No. 2003-88. Approved 6-0 2. First and only reading of an ordinance authorizing the issuance of the City of Georgetown, Texas Combination Tax and Utility System Limited Revenue Certificates of Obligation, Series 2003, in an amount not to exceed $2,430,000, approving an official statement and other matters related thereto -- Micki Rundell, Director of Finance and Administration Rundell read the caption only of the ordinance after having satisfied the requirements of the City Charter. Gary Kimball reviewed the Financial Pricing Summary for the Combination Tax & Utility System Limited Revenue Certificates of Obligation, Series 2003 with Council. Motion by Snell, second by Sansing to approve Ordinance No. 2003-89. Approved 6-0 3. First Reading of an Ordinance amending the 2003/04 Annual Operating Plan Element (budget) for adjustments relating to the timing of capital projects -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Brewer reviewed the information that was discussed at workshop regarding this item. Brewer read the caption only of the ordinance after having satisfied the requirements of the City Charter. She also clarified that the 1/4 sales tax is going only toward road repair. Road improvements to airport road were also mentioned as a need. Motion by Kirby, second by Sansing to amend the 2003/04 Annual Operating Plan Element (budget) for adjustments relating to the timing of capital projects. Approved 6-0. 4. First Reading of an ordinance providing for the abandonment by quitclaim deed of a portion of the First Street right of way between Austin Avenue and Rock Street; providing for the terms and conditions of such abandonment; calling a public hearing; providing a conflict and severability clause and establishing an effective date — Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs discussed this item with Council and read only the caption of the ordinance after having satisfied the requirements of the City Charter. City Council Meeting Minutes/December 16, 2003 Page 5 of 15 Pages Council discussed the issue of abandoning rights-of-way that are not being utilized by the City. There was additional discussion regarding the park improvements involved with this project and the need for a cul-de-sac on a portion of the right-of-way. Motion by Sansing, second by Snell to approve an ordinance providing for the abandonment by quitclaim deed of a portion of the First Street right of way between Austin Avenue and Rock Street; providing for the terms and conditions of such abandonment; calling a public hearing; providing a conflict and severability clause and establishing an effective date. Approved 6-0 Items Z-9 through Z-11 were handled at this point of the Agenda. 5. Public Hearing regarding an Amendment to the following Sections of the Unified Development Code (UDC): 1.03(C)&(D) "Applicability'; Table 4.0 1.010 "Zoning Districts'; 4.04.030(G) "Old Town Overlay'; 4.05.040(C)(4) "SP Standards for Williams Drive (F.M. 2338)'; Table 5.01.020 "Permitted Uses by Zoning District'; 5.03.040(8)(3) "Family Day Care"; 5.05.030(C)(2) "General Outdoor Storage'; 6.01.030(B) "Applicability with the Extraterritorial Jurisdiction"; Table 6.02.030 "Housing Type Dimensional Standards'; Table 6.03.020 "Non -Residential Lot and Dimensional Standards"; 6.03.040(B)(6)(a)&(b) "Features Allowed Within Required Yards"; 7.03.050(C) 'Residential Fences'; 8.03.020(8) ""Tree Size and Species'; 9.03.020(A)(3) "Parking Space Dimensions"; 9.03.020(D) "Parking Surfacing and Maintenance'; 10.03.020(J) "Signs in the Public Right -of -Way" ; Table 10.06.010 "Sign Dimensions by District'; 10.06.040(G) "Subdivision Directional Signs"; 11.03.050 "Replacement of Protected Trees'; 11.05.050(C) "Regional'3tormwater Management Program'; Table 13.04.050 "Rural Street Geometric Standards'; 13.04.070(A)(3) "Wastewater Collection Systems'; 13.04.070(8)(4) "Water Distribution System'; AND 13.07.020(C) "Street Lights" - Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Ray explained the item and the Public Hearing was opened at 8:00 p.m. He told Council that the Planning & Zoning Commission recommended approval of all 66 items that are proposed for amendment. There was discussion and questions regarding Sections 4.04 and the proposed amendment to remove "placeholders" and a deadline for creation of the Old Town Overlay, Section 5.05 and the types of screening proposed, Section 11.03 and the encouraged use of native plantings, as well as discussion regarding concerns about disease prone native plants and the possibility of approving a "Specimen Tree" Ordinance. Sondgeroth told council staff fully intends to go back to the Planning & Zoning Commission in February to give them a report on issues that still need to be reviewed and bring back those amendments to Council within five to six months. There was discussion regarding a timeline for bringing outstanding items back to council for its approval. Snell indicated that he would like to have an action item in January clarifying the timeline for staff to bring back the amendments. There was a clarification that staff could come back with additional amendments in a separate package instead of taking care of all of them with this cleanup item. There was additional discussion regarding the process for requesting new language and amendments and the need to have direction from the Council as a whole and not just individual councilmembers to proceed with new amendments. Council went on to discuss Section 13.07 regarding requirements to place street lights in rural subdivisions, 6.03.020 regarding "Non -Residential Lot and Dimensional Standards" and 6.03.040 and "Features Allowed Within Required Yards". The Council went on to discuss parking fee -in -lieu of parking spaces. There was additional discussion regarding Section 1.03C regarding setback requirements and Section 4.05.040 regarding special site design standards for Williams Drive and the difficulty for some properties to locate the parking at the side or rear of the properties. Additional discussion regarding the need to add a section that will not will not allow drainage facilities in the front of the site. Renee Hanson addressed the Council to update them about the Old Town Overlay District. She told Council that she does not see a need to take the language out and that she will volunteer to City Council Meeting Minutes/December 16, 2003 Page 6 of 15 Pages work on this list so that it can move forward a lot faster. She said that she anticipates that this issue will be brought back to the Planning & Zoning Commission and the Council in February. The Public Hearing was closed at 8:30 p.m. Recessed at 8:30 p.m. Reconvened at 8:40 p.m. 6. First Reading of an Ordinance Amending the following Sections of the Unified Development Code (UDC): 1.03(C)&(D) "Applicability'; Table 4.01.010 "Zoning Districts'; 4.04.030(G) "Old Town Overlay"; 4.05.040(C)(4) "SP Standards for Williams Drive (F.M. 2338)'; Table 5.01.020 "Permitted Uses by Zoning District"; 5.03.040(B)(3) "Family Day Care"; 5.05.030(C)(2) "General Outdoor Storage"; 6.01.030(B) "Applicability with the Extraterritorial Jurisdiction'; Table 6.02.030 "Housing Type Dimensional Standards"; Table 6.03.020 "Non -Residential Lot and Dimensional Standards"; 6.03.040(B)(6)(a)&(b) "Features Allowed Within Required Yards"; 7.03.050(C) "Residential Fences"; 8.03.020(B) ""Tree Size and Species"; 9.03.020(A)(3) "Parking Space Dimensions"; 9.03.020(D) "Parking Surfacing and Maintenance"; 10.03.020(J) "Signs in the Public Right -of -Way" ; Table 10.06.010 "Sign Dimensions by District'; 10.06.040(G) "Subdivision Directional Signs"; 11.03.050 "Replacement of Protected Trees'; 11.05.050(C) "Regional Stormwater Management Program"; Table 13.04.050 "Rural Street Geometric Standards'; 13.04.070(A)(3) "Wastewater Collection Systems'; 13.04.070(8)(4) "Water Distribution System'; AND 13.07.020(C) "Street Lights" - Bobby Ray, Chief Development Planner and Amelia Sondgerdth, Director of Planning and Development Services Ray read the caption only of the ordinance after having satisfied the requirements of the City Charter. Motion by Kirby, second by Smith to approve an Ordinance Amending the following Sections of the Unified Development Code (UDC): 1.03(C)&(D) "Applicability'; Table 4.01.010 "Zoning Districts"; 4.04.030(G) "Old Town Overlay"; 4.05.040(0)(4) "SP Standards for Williams Drive (F.M. 2338)"; Table 5.01.020 "Permitted Uses by Zoning District"; 5.03.040(B)(3) "Family Day Care'; 5.05.030(C)(2) "General Outdoor Storage'; 6.01.030(B) "Applicability with the Extraterritorial Jurisdiction'; Table 6.02.030 "Housing Type Dimensional Standards'; Table 6.03.020 "Non -Residential Lot and Dimensional Standards"; 6.03.040(B)(6)(a)&(b) "Features Allowed Within Required Yards'; 7.03.050(C) "Residential Fences'; 8.03.020(8) ""Tree Size and Species'; 9.03.020(A)(3) "Parking Space Dimensions'; 9.03.020(D) "Parking Surfacing and Maintenance'; 10.03.020(J) "Signs in the Public Right -of -Way" ; Table 10.06.010 "Sign Dimensions by District'; 10.06.040(G) "Subdivision Directional Signs"; 11.03.050 "Replacement of Protected Trees'; 11.05.050(C) "Regional Stormwater Management Program'; Table 13.04.050 "Rural Street Geometric Standards'; 13.04.070(A)(3) "Wastewater Collection Systems"; 13.04.070(6)(4) "Water Distribution System"; AND 13.07.020(C) "Street Lights" Motion Sansing, second by Smith to amend the language in Section 5.05.030 and direct staff to bring back language at second reading to reference "that an eight foot tall wall be used for general screening made of materials that include, but are not limited to planting screens, masonry, red wood, cedar, preservative treated wood or other acceptable opaque materials." Vote on Amendment. Approved 5-1 (Kirby opposed) Motion by Eason, second by Snell to amend Section 11 .03.050 and direct staff to bring back language to add the word "native" in all references to plantings and that native plantings are preferred, but not required. •.. ! t •.. ♦.. • • • !. ,. Discussion regarding the need for staff bring back language to implement throughout the UDC that references the desirability for the use of native plantings, but at the same time discourage the use of native plants that are prone to disease. Sondgeroth also informed council that the landscape provisions are being reviewed for amendment as well. Motion by Sansing, second by Eason to amend Section 6.03.040 to read in such a way to allow the city to vacate easements that are not going to be used without the need for a license to City Council Meeting Minutes/December 16, 2003 Page 7 of 15 Pages encroach. Discussion regarding the city's current policy regarding vacation of easements that will never be used and licenses to encroach. Further discussion as to general policy regarding this issue and how it is not specifically related only to the UDC. Sansing and Eason agreed to withdraw the motion. Motion by Sansing, second by Noble to amend Section 4.05.040 to allow staff to grant variances to the parking restrictions to allow parking in front of existing buildings on Williams Drive, if the requirements cannot be met to provide parking on the side or in the back of the buildings. Discussion regarding how this process would be implemented if this amendment were passed. Discussion regarding the residential character of this section of Williams Drive and the desire to retain that character. Further discussion regarding broad community interest and when it runs into conflict with property owner's ability to use their land. Mayor called the Question. Vote on Amendment. Motion Fails 2-4 (Eason, Snell, Kirby, Smith opposed) Motion by Smith, second Snell to amend Section 13.070.020 as follows: "Rural residential subdivisions within the Agricultural (AG) District, along with areas within the City's Extra -territorial Jurisdiction are not exempt from the requirements of Sections 13.07.020 (A) and (B) and street lights will be put in at the developer's expense. Ray clarified this is new language and that by deleting the amendment it accomplishes the same thing. Smith clarified that he would rather delete the language. Motion Smith, second by Snell to delete the new language in this section. Discussion regarding what the residents want. Discussion regarding what is good for the whole community and the importance of street lights because of pedestrian safety and connectivity within the City. Vote on Amendment. Approved 5-1 (Eason opposed) Motion by Noble, second by Sansing to direct staff bring back information to Council to address the issues of drainage ponds in the front of properties along Williams Drive so that they look nicer. 7. Public Rearing regarding an Amendment to Sections 4.08 and 8.06 of the Unified Development Code (UDC) pertaining to the Gateway Overlay District— Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum explained the item and the Public Hearing was opened at 8:25 p.m. Mark Baker, a planning consultant, addressed the Council regarding the intent of this provision of the UDC. He clarified the proposed amendments to these sections. He also commended the City of Georgetown for taking measures to protect the design of its Gateways. He said that he has worked with cities that looked back and wished that they had done something when instead they allowed development that was not desirable. He told Council that Georgetown has a number of gateways into the City and that each of them had different characteristics and offered different perspectives for those entering the City and because of that the plan calls for 3 different categories (highways, scenic and naturalistic, and downtown) to address the differences of each gateway. He went on to discuss key concerns City Council Meeting Minutes/December 16, 2003 Page 8 of 15 Pages regarding the gateways, including the visual impact of parking lots, overhead utilities, detention facilities, etc. and how consistent landscaping could help the visual impact of the gateways. He described the criteria for each of the gateway categories. He went on to discuss the plant palate contained in this section and the Council might consider adopting an overall plant palate referred to throughout the Code. He told council that the plants in the palate were predominately native. He also told Council that it should also consider parkways and divided medians as it moves forward in its planning of transportation for the City. He told them that these items can have dramatic visual impact on the aesthetic quality of gateways. He also discussed the outcome of the public hearing/workshop held on this issue. Renee Hanson who was a member of the committee addressed the council thanked the staff and Mark for their extensive work on this project. She encouraged council to approve this provision. Don Martin, a member of the committee, commended the work of staff and Mark for their work and told council that this exactly the right way to go about adopting the ordinance. He said that the public process worked like it was supposed to. There was Council discussion regarding whether or not the provisions of this proposed amendment were excessive in terms of cost to small business owners and the visibility of their businesses. There was additional discussion that large developments should have to comply with these provisions. McCollum clarified some of the provisions and addressed the concerns that were raised. There was also a clarification that this provision applied not only to gateways, but to thoroughfares as well. There was discussion regarding the need to include the portions of Williams Drive from Cedar Breaks to IH 35 in the provisions. There was additional clarification that as the city's corporate limits expand that the Gateway would expand as well. There was discussion regarding the need to see billboards and signs addressed as well. Sondgeroth told Council that the City has a sign ordinance and that the UDC did not address signage except for Williams Drive. There was additional clarification that the City has no power to take down old signs, but no new ones are allowed to be replaced. Further discussion as to why certain stretches of area were included in the gateway and others were not. The Public Hearing was closed at 8:50 p.m. First Reading of an Ordinance Amending Sections 4.08 and 8.06 of the Unified Development Code (UDC) pertaining to the Gateway Overlay District— Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum read the caption only of the ordinance after having satisfied the requirements of the City Charter. Motion by Snell, second by Kirby to approve an Ordinance Amending Sections 4.08 and 8.06 of the Unified Development Code (UDC) pertaining to the Gateway Overlay District. Motion by Noble, second by Eason to amend the provisions to include the section of Williams Drive from Cedar Breaks back to Booty's Crossing in the Gateway Overlay District. Clarification that this portion would be a scenic gateway. Vote on Amendment. Approved 6-0 Discussion whether or not Highway 29 West and East are both included in the Gateway Overlay District. Mayor Called the Question. City Council Meeting Minutes/December 16, 2003 Page 9 of 15 Pages Public Hearing regarding an Amendment or Repeal of Section 4.09 of the Unified Development Code (UDC) pertaining to the Courthouse View Protection Overlay District— Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Mayor acknowledged the citizens who helped with the review of the UDC. Benton explained the item and told council that staff established a task force to review this item and in order bring a proposal to council for its review. She explained the relevant terms and definitions in the ordinance. She told council that the corridors along Austin Avenue and IH 35 have been more clearly defined and that a corridor to the South has been added as well. She said that the ordinance also provides for a procedure to be used by staff to process height determination. She explained that procedure to Council and provided several examples. Benton also showed council several maps and gave them an overview of the proposed Overlay District. The Public Hearing was opened. Benton told Council that the Planning & Zoning Commission had concerns that land parcels or site views that would be affected by this ordinance were not identified by metes and bounds. There was also a concern that Economic Development Department was not part of the task force. She told Council that the Planning & Zoning Commission recommended denial of the proposed amendment and recommend repeal of the existing ordinance until such time a fully encompassed ordinance can be brought forward. She also told them that that the Planning & Zoning Commission would also like to create another task force to include the Economic Development group. She also told them that the Planning & Zoning Commission recognized that if this section of the ordinance were repealed that current projects would go forward without being bound by this section. There was discussion regarding a clarification of the exact site views from Austin Avenue and IH 35 that were in the Corridor. Renee Hanson spoke to the Council on behalf of the Heart of Georgetown Association and told them that it was not the intent of the original proposal to make every possible momentary view of the courthouse protected, but only those major views which are which are significant for both the traveling public and the citizens of Georgetown. She told them protection of these views were as important as any signage to attracting visitors to our City. She said that she appreciated the hard work that the staff and committee put in on the amendment and told Council that we need to move forward with further amendments regarding definition of terms, a variance process, and to give the Director authority to make interpretations about compliance. She told that Council that the pressures of growth do not allow us the luxury of studying this issue until it is perfect, but must keep what we have and refine it to make it workable. Mel Penland with the Chamber of Commerce told Council that the intent of this section is to protect views that will encourage people to exit, come and stay awhile and visit and shop in our downtown stores. He told Council that one of the properties that is being impacted by this section of the ordinances is a hotel that will be located in a strategic position. He told Council that if you were to stay in this hotel, on one side of it, you would have a great view of downtown, which would encourage them to visit it. He also told Council that if you were driving north and passing this particular piece of property on the freeway, the first opportunity to exit would be Lakeway Drive, which is a number of miles north of the site. He said that he did not think that this was the intent of the view corridor. He went on to tell Council that the impact on specific properties could be profound and that the repeal or amendment of the proposal could create an outcome that is contrary to the intent of the view corridor and that the Council look at issues with the wisdom of foresight and not hindsight to resolve the issues before implementation. Bill Nahay, a resident of Georgetown for 20 years, told the Council that he is the broker who brought the Hotel that will be impacted by the view corridor. He described the hotel and its amenities to the Council and told them that the developer will estimates that he will contribute over a 15 year period approximately $1.8 sales tax and $700,000 in property tax. Additionally this would provide an upscale temporary place to stay in Georgetown. He told the Council that he very much wants to see Georgetown preserve its uniqueness and protect the courthouse view, but in a reasonable manner that does not adversely impact the tax revenues that the City can realize as City Council Meeting Minutes/December 16, 2003 Page 10 of 15 Pages well as its continued advancement of industry and building and development in Georgetown. Councilmember Snell requested that that Council recess and meet in executive session at 7:10 p.m. for consultation with attorney under Section 551.071. Council reconvened at 7:22 p.m. into regular session. Bob Martin discussed the impact of the ordinance on his property in San Gabriel Village that is under a pending contract with Comfort Inn. He told the Council that he strongly supports protection of a Courthouse View Corridor for Georgetown. He said that there are some beautiful, wide open, and expansive views of the Courthouse that should be protected. However, he said that they are caught in an unusual circumstance because of how the current ordinance is written. He said that it, as well as the proposed amendments are still unusually vague and arbitrary. He gave examples and told Council that the Ordinance does not provide for brief, momentary, glimpsing views of the courthouse. He said that this property has one of those brief glimpses and that he hoped that the Council's intent was to protect broad views. He went on to discuss possible solutions to the current ordinance and asked that the Council express its intent of the ordinance. Public Hearing closed at 7:30 p.m. 10. First Reading of an Ordinance Amending Section 4.09 of the Unified Development Code (UDC) pertaining to the Courthouse View Protection Overlay District— Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services Benton read the caption only of the ordinance after having satisfied the requirements of the City Charter. Motion by Snell, second by Eason to approve on first reading proposed amendments to Section 4.09, with instructions to staff to provide at second reading, to be held no later than the second meeting in February of the City Council: 1. new language to clarify the Purpose and Intent of the Ordinance (4.09.010); 2. language to authorize the Director to interpret the Purpose and Intent of the Ordinance as related to a given project; 3. review and include precise defined corridors, with metes and bounds where useful; 4. provide information to the Council of the impact of the South Austin Avenue Corridor on industrial development and on other development on sites in the Downtown Overlay. There was discussion regarding interpretation discretion by the Director of Planning. Sondgeroth told Council that overall the UDC provides that the Director to interpret all matters relating to the code, however, there is no specific language within this section that specifically says that Director shall interpret its provisions. She told them that the specific problems that have come up with this particular section is that the terms are not clear in the "Purpose and Intent" of this section. Further discussion regarding the need to clarify the language and the difference between interpretation and determination. There was also discussion regarding the need for staff to understand Council's intent of the ordinance. Yantis addressed the Council and told them that he felt it was important for Council to make clear its policy and intent. He told Council that he felt that is was an undue burden on staff to be asked to make that determination without clear language in the ordinance. He went on to explain how the Director of Planning and Development Services made her determination regarding the issue that is going before the Board of Adjustment utilizing the current language in the ordinance. Discussion regarding how the Council's vote on this issue will impact the appeal of the Director of Planning & Development Services' determination regarding the San Gabriel View property to the Zoning Board of Adjustment. There was additional discussion regarding sweeping views of the Courthouse. Motion by Smith, second by Sansing to amend the Original Motion to delete any language City Council Meeting Minutes/December 16, 2003 Page 11 of 15 Pages regarding South Austin Avenue Corridor from the Courthouse View Corridor. Discussion regarding the exact locations that will be impacted by the South Austin Avenue Corridor. Further discussion regarding how the Ordinance will impact the industrial sites on the west side of Austin Avenue. Vote on Amendment. Mayor Nelon voted to break a tie vote. (Eason, Snell, Kirby opposed) Amendment Passed 4-3. Motion by Sansing, second by Noble to amend the Amendment to also eliminate the Martin property (Lot 3, Section 1 of San Gabriel Village) from the Courthouse View Corridor. (Look at Martin's handout for description) Vote on Amendment. Mayor Nelon voted to break a tie vote. (Eason, Snell, Kirby opposed) Discussion regarding the fiscal impact regarding the review and inclusion of precise defined corridors, with metes and bounds, where useful in the language of the ordinance. Council indicated that it would still like to have information by the second meeting in February. However, they could then discuss the fiscal impact and make a determination whether to go forward at that time. There was a clarification that while any reference to South Austin Avenue Corridor was eliminated from the language in item #4 of the original motion, the language regarding the other development on sites in the Downtown Overlay would remain. Smith called the question. Discussion regarding whether the posed amendments along with staff's original recommendations would solve all future problems that may come up, as well as the one currently impacted. Discussion whether or not the language in the amendments are clear enough to give direction to the Director to make determinations regarding intent of the ordinance, and whether or not the language even gives the Director the authority to make a decision. Discussion whether or not there is still a need to further clarify and augment the proposed amendments that are before the Council. There was further discussion regarding the burden of the additional workload on staff and the cost involved in defining the corridors. It was further clarified that there is no need to spend a lot of money and that the original motion indicates the use of "metes and bounds where useful". Vote on Original Motion, as amended. Approved 6-0. 11. First Reading of an Ordinance Repealing Section 4.09 of the Unified Development Code (UDC) pertaining to the Courthouse View Protection Overlay District — Carla Benton, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services No action was taken on this item. 12. Public Hearing regarding an Amendment to Section 13.09.030 (B) of the Unified Development Code (UDC) pertaining to Oversized Facilities -- Glenn Dishong, Water Services Manager and Amelia Sondgeroth, Director of Planning and Development Services This item was deferred to the January 13, 2004 Council Meeting. 13. First Reading of an Ordinance Amending Section 13.09.030 (B) of the Unified Development Code (UDC) pertaining to Oversized Facilities -- Glenn Dishong, Water Services Manager and Amelia Sondgeroth, Director of Planning and Development Services This item was deferred to the January 13, 2003 Council Meeting. 14. First Reading of an Ordinance for a Century Plan Amendment for 2.42 acres out of the David Wright Survey from Multi Family and Residential Future Land Use designations to Office district located at 3606 and 3608 Rocky Hollow Trail — Ed Polasek, Chief Long Range Planner and Amelia City Council Meeting Minutes/December 16, 2003 Page 12 of 15 Pages Sondgeroth, Director of Planning and Development Services Motion by Sansing, second by Eason to postpone the first reading of the Century Plan Amendment until the January 13, 2004 City Council Meeting, without penalty to the applicant. Approved 6-0 15. Public Hearing to Consider Rezoning 1.28 acres out of the David Wright Survey from RS, Residential Single-family district to OF, Office district located at 3606 and 3608 Rocky Hollow Trail -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Planning and Development Services This item was deferred to the January 13, 2004 Council Meeting. 16. First Reading of an Ordinance Rezoning 1.28 acres out of the David Wright Survey from RS, Residential Single-family district to OF, Office district located at 3606 and 3608 Rocky Hollow Trail -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Planning and Development Services This item was deferred to the January 13, 2004 Council Meeting. 17. Public Hearing to consider Rezoning a total of 14.636 acres, out of the Frederick Foy Survey, to be known as Sun City Georgetown, Neighborhood Eighteen, from A, Agriculture to Planned Unit Development (PUD), or more restrictive district, located, west of Sun City Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum explained the item and the Public Hearing was opened at 10:00 p.m. The Public Hearing was closed at 10:01 p.m. 18. First Reading of an ordinance Rezoning a total of 14.636 acres, out of the Frederick Foy Survey, to be known as Sun City Georgetown, Neighborhood Eighteen, from A, Agriculture to Planned Unit Development (PUD), or more restrictive district, located, west of Sun City Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum read the caption only of the ordinance after having satisfied the requirements of the City Charter. Motion by Noble, second by Sansing to approve an ordinance Rezoning a total of 14.636 acres, out of the Frederick Foy Survey, to be known as Sun City Georgetown, Neighborhood Eighteen, from A, Agriculture to Planned Unit Development (PUD), or more restrictive district, located, west of Sun City Boulevard. Approved 6-0. 19. Public Hearing to consider Rezoning a total of 121.843 acres, out of the Burrell Eaves Survey, to be known as Sun City Georgetown, Neighborhood Twenty Five & Twenty Six, from A, Agriculture to Planned Unit Development (PUD), or more restrictive district, located, south of Texas Drive and west of Sun City Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum explained the item and the Public Hearing was opened at 10:02 p.m. The Public Hearing was closed at 10:03 p.m. 20. First reading of an ordinance Rezoning a total of 121.843 acres, out of the Burrell Eaves Survey, to be known as Sun City Georgetown, Neighborhood Twenty Five & Twenty Six, from A, Agriculture to Planned Unit Development (PUD), or more restrictive district, located, south of Texas Drive and west of Sun City Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum read the caption only of the ordinance after having satisfied the requirements of the City Charter. City Council Meeting Minutes/December 16, 2003 Page 13 of 15 Pages Motion by Sansing, second by Noble to approve an ordinance Rezoning a total of 121.843 acres, out of the Burrell Eaves Survey, to be known as Sun City Georgetown, Neighborhood Twenty Five & Twenty Six, from A, Agriculture to Planned Unit Development (PUD), or more restrictive district, located, south of Texas Drive and west of Sun City Boulevard. Approved 6-0 21. First reading of an ordinance amending chapter 10.16 of the code of ordinances regarding parking to establish a Downtown Parking Zone -- Tom Yantis, Assistant City Manager Yantis read the caption only of the ordinance after having satisfied the requirements of the City Charter. He told the Council that we held a meeting with the downtown business owners and property owners. He discussed the concerns addressed during the public meeting. There was additional discussion about the need to clarify the language with regard to penalties and who issues the fines. There was also discussion regarding a clarification of provision D-3. Yantis explained why the fine scale was higher than most parking fines. He told council that it was meant to be a deterrent to repeat offenders. There was further discussion regarding how the City defines a "visitor". Yantis told Council that the plan is to develop a procedures manual, and Brandenburg further clarified the plan. Motion by Sansing, second by Smith to approve an ordinance amending chapter 10.16 of the code of ordinances regarding parking to establish a Downtown Parking Zone. Approved 6-0 AA Consideration and possible action on a Variance to the Subdivision Regulations for San Gabriel Village, Section Two, Phase 2, also known as Waters Edge Apartments IV, located on San Gabriel Village Boulevard — Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Planning and Development Services McCollum explained the item. She told Council that staff had initially recommended denial, but P&Z recommended approval and asked that the developer work with the Fire Department to work out details on pass through gates for fire protection, which they have done. Larry Peel, the developer of the property, gave further explanation to the Council regarding the variance request. Motion by Sansing, second by Kirby to approve a Variance to the Subdivision Regulations for San Gabriel Village, Section Two, Phase 2, also known as Waters Edge Apartments IV, located on San Gabriel Village Boulevard. There was additional discussion regarding why staff initially recommended denial. Approved 6-0 BB Consideration and possible action related to possible City participation in the Regional Wastewater Study with the Lower Colorado River Authority (LCRA) and the Brazos River Authority (BRA), in the amount of $30,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs explained the item. Motion by Noble, second by Kirby to approve City participation in the Regional Wastewater Study with the Lower Colorado River Authority (LORA) and the Brazos River Authority (BRA), in the amount of $30,000.00. Briggs clarified that the funds are in the water fund. Approved 6-0 CC Items Fowarded to Council from the Georgetown Utility System (GUS) Board 1. Consideration and possible action to approve the renewal of the annual Electric Utility Services Agreement between LCRA and GUS Electric, in an amount not to exceed $50,000.00 -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility City Council Meeting Minutes/December 16, 2003 Page 14 of 15 Pages Operations Mayben explained the item and told Council that GUS recommended approval of this item. Mayben clarified how LCRA helps the City under this agreement, and also told Council that this agreement is project oriented. Motion by Smith, Second by Sansing to approve the renewal of the annual Electric Utility Services Agreement between LCRA and GUS Electric, in an amount not to exceed $50,000.00. Approved 6-0. Consideration and possible action to approve payment in the amount of $70,000.00 to LCRA for installation and wiring of substation breaker panels within the LCRA-owned substations to allow for integration with Georgetown Utility Systems Electric Distribution and SCADA System -- Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Mayben explained the item. He told council this is the last phase of this project. Motion by Kirby, Second by Sansing to approve the renewal of the annual Electric Utility Services Agreement between LCRA and GUS Electric, in an amount not to exceed $50,000.00. Approved 6-0 Review and possible action on a recommendation to award contracts to McLean Construction and Gulf States Protective Coatings, Inc. and to approve the budget for the Rivery/Georgetown Country Club Irrigation Line and Park Tank Rehabilitation Project in the amount of $853,782.50, and project budget in the amount of $889,094.00 -- Glenn W. Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item. Motion by Smith, Second by Eason to award contracts to McLean Construction and Gulf States Protective Coatings, Inc. and to approve the budget for the Rivery/Georgetown Country Club Irrigation Line and Park Tank Rehabilitation Project in the amount of $853,782.50, and project budget in the amount of $889,094.00. Approved 6-0. Dishong further explained the rehabilitation of the tank. Motion by Noble Second by Sansing to Adjourn. Meeting was adjourned at 10:28 p.m. The meeting was adjourned at 10:28 PM. Ap717 ed Mayor ly Nelon-- City Council Meeting Minutes/December 16, 2003 Page 15 of 15 Pages Attest: , -- t, "blebb , City Secretary S it ` y J. Rinn