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MIN 01.26.2016 CC-RNotice of Minutes of a Meetilleg" of the Covet-ning Body of the City of Georgetown,"era s Tuesday,hantiat-y 26, 2016 The Georgetown City Council will meet on Tuesday, January 26, 2016 at 6:00 PM at the Council Chambers at 101 E. 711 St., Georgetown, Texas The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participatint, g at a public meeting due to a disability, as defined under the ADA, reasonable Z� assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 81h Street for additional information; TTY users route through Relay Texas at 711. Regular Session (This Regular session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) Mayor Ross called the meeting to order at 6:00 PM. The Mayor and all Councilmembers were in attendance. A. Call to Order Invocation Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - National Wear Red Day Proclamation City Council Regional Board Reports Announcements - Elections for City Council seats for District 3, District 4 and District 7 will be held May 7, 2016 Action from Executive Session Motion by Brainard, second by Hesser to approve the appraised value of real property to be acquired from Georgetown Independent School District in connection with the Rivery Blvd. Project and to authorize the extension of an initial offer for the purchase of said property on the terms discussed in Executive Session, Approved: 7-0 Motion by Brainard, second by Hesser to approve the purchase of real property and/or easements in connection with the Rivery Blvd. Extension Project from B.J. Castleberry and wife, Mary A. Castleberry, John Robin Chapman and Phyllis Ann Chapman, and Bruce E. Rose and spouse, Faith Rose; and the payment of relocation benefits and actual moving expenses in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, on the terms discussed in Executive Session. Approved 7-0 Motion by Brainard, second by Hesser to continue negotiations with Leslie David Romo and Sue Lynn Cole Romo for the purchase of real property located at 307 Shannon Lane in connection with the Rivery Blvd. Extension Project pursuant to the terms discussed in Executive Session. Approved: 7-0 Statutoi,y Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. B. Consideration and possible action to approve the minutes of the Worksh!•.. i Regular Meeting held on Tuesday, January 12, 2016 -- Shelley Nowling, City Secretary C. Consideration and possible action to approve the Joint Election Agreement and Contract for Election Services with Williamson County for the purpose of conducting the May 7, 2016 City Elections — Shelley Nowling, City Secretary D. Consideration and possible action to approve a Resolution ordering a General Election to be held on May 7, 2016 for City Council Districts 3, 4 and 7 -- Shelley Nowling, City Secretary E. Forwarded from the Housing Advisory Board: Consideration and possible action to approve a Resolution of Support for Kaia Pointe LLC to apply for Housing Tax Credits for the construction of 104 units to be known as the Kaia Pointe, located at 4800 Williams Drive -- Jennifer C. Bills, Housing Coordinator and Laurie Brewer, Assistant City Manager F. Forwarded from the Housing Advisory Board: Consideration and possible action to approve a Resolution of Support for Pedcor Investments to apply for Housing Tax Credits for the construction of 108 units to be known as the Live Oak Apartments, located at 4121 Williams Drive -- Jennifer C. Bills, Housing Coordinator and Laurie Brewer, Assistant City Manager 0. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve the purchase of expansion servers for the City's server backup system from LH Computer Services for a total amount of $92,946.00 -- Chris Bryce, Information Technology Director P. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action laptops for emergency service vehicles from ARC |TServices for anamount ck$T6,83n.45—Chris Bryce, Information Technology Director O. Forwarded from Georgetown Transportation Enhancement Corporation (GTEC): Discussion and possible action regarding ding the 2015116 GTEC Budget for with remaining funding and approval from 2U14/15—Lisa Haines, Controller and Laurie Brewer, Assistant City Manager R. Consideration and possible action to approve a Memorandum of Understanding (KA[>U) between the City of Georgetown and Williamson County for the City to acquire a portion of land on DB Wood Road for construction ofavvaterstonaQebank—JimBdggs, General Manager of'Utilities and Skye Masson, Interim City Attorney Councilmember Hesser asked that items E, F and G be pulled to the Regular Legislative Agenda. Approved: 7-0 Motion by Brainard, second by Hesser to approve the Consent Agenda with the exception of Items E, F and G. Approved: 7-0 Legislative Regul����eiida E. Item Ewas pulled from the Consent Agenda tnthe Regular Legislative Agenda: Forwarded from the Housing Advisory Board: Consideration and possible action to approve a Resolution of Support for Kaia Pointe LLC to apply for Housing T be known as the Kaia Pointe located at 4800 Williams Drive needs for North Austin housing. Lasch said the developer can't build the properties fast enough.She explained that the timeline is a 2 to 3 year process. She explained that the City could move forward with the resolution for support, before the future is projected. Gonzalez asked if the id workwithout thefed i grant. Lamohresponded that this developer isan affordable housing builder, but the funds are the same aaomarket deve|oper. She said this helps get private development into acommunity. The developer sells the paper hooprivate developer. She explained how the debt onsuch projects works and how this helps toprovide reduced rent. Gonzalez asked aboutdh nod ate rents collected on these type of properties. Laeohsaid that o3bedroom rents for about $1300 per month.Atwo bedroom would rent for approximately $900 and eone bedroom would rent for approximately $7O0per month. Only a few ofthe apartments are considered for lower rent explained Lamoh. Brainard motioned to amend the original motion to postpone this item to the first meeting in February. Second by Gonzalez Approved 5-2(Jonrovwa Eby opposed) Eby asked why this should be postponed when Council is only being asked to vote on a Resolution of support. She said that this ia'apiece ofpaper, Council |onot being asked 0oapprove the development. Hmamersaid heioconcerned because ofthe competition. Hmwants the City tomake that decision, instead of another entity. Ross asked why the City should determine the best property, when the tax housing people are befter equipped. Ross asked how more time was going tohelp with the decision. Fought voiced again how heis|nfavor ofthe public private partnerships. Hesaid hedoes not have all nfthe information and still wants the neighbors to be able to comment. He said he would also like to know the rationale ofwhy Georgetown has twice the average amount ofthese properties. Jonrowowithdrew her first motion. F. Item Fwas pulled from the Consent Agenda tothe Regular Legislative Agenda: Forwarded from the Housing Advisory Board, Consideration and possible action to approve a Resolution of Support for Pedcor Investments to apply for Housing Tax Credits for the construction of 108 units to be known as the Live Oak Apartments, located at 4121 Williams Drive -- Jennifer C. Bills, Housing Coordinator and Laurie Brewer, Assistant City Manager Bills spoke on Item F and read the caption. She mentioned that the property was not tax exempt. Motion by Hesser, second by Fought to postpone Item F to the first meeting in February. Approved: 5-2 (Eby, Jonrowe opposed) G.Item Gwas pulled from the Consent Agenda to the Regular Legislative Agenda: Forwarded from the Housing Advisory Board - Consideration and possible action to approve a Resolution of Support for DDC Merritt Heritage, Ltd. to apply for Housing Tax Credits for the construction of 220 units to house seniors, to be known as the Merritt Heritage Apartments, located at 4700 Williams Drive -- Jennifer C. Bills, Housing Coordinator an aune rewer, Assistant City Manager Bills spoke on the item. This is a senior complex explained Bills. Bills read the caption. She explained that the application would be for mixed use property with 3 or 4 acres of retail. motion by Hesser, second by Fought to postpone Item G to the first meeting in February. Approved: 5-2 (Eby, Jonrowe opposed) Colby Denison, the owner of DDC Merritt Heritage Ltd., got up to speak. She explained that DDC Merritt already owns a Georgetown senior facility that is very successful. She said they are not new to Georgetown. Denison promised the Council that they Will hear rave revues about them. DDC Merritt is also applying for another senior mixed use complex. She said these communities are in high demand. Denison explained that they do a lot of market rate development also. They are recommending commercial on the front. Denison said that affordable housing will flourish and so will retail. Jean Lotshofrom Pedoo spoke and said she got up to brag. She saidthis discussion was about 3diffaren distinguished developers, Pedunrhas been around since 1BOO the inception ofthe Lotshoexp/ameo They have been the owner of these projects for 30 years. She went on to explain the Pedcor project, Latsha said the competition in this region was healthy and they are committed to this area. She named this Georgetown project as DDC Merritt's most important project S. Consideration and possible action to approve the First Amendment to the Memorandum of Understanding between the City of Georgetown and Mr. Jack Garey related to the development of Garey Park -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer� Assistant City Manager Kimberly Garrett explained the item. She spoke on key points of the MOU and explained the changes proposed in comparison to the original plan. The amended MOU will have the City start construction soon with completior within 3 years. Garrett explained the funding and how it would work and explained the schedule of construction. Motion by Fought, second by Gonzalez to approve Item S. Approved: 7-0 Public Headrig and First Reading of an Ordinance Rezoning 25.034 acres in the Orville Perry Survey, oil Mayor Ross opened the Public Hearing at 6.55 PM. Persons signed uptospeak nnItem Tincluded Mark Wolf, Susan Hershey, Daaidehogoybo.Steve Crawford, Brad Whittington, Umn*nteNavmrreueand Charlotte Warren. Comments included: The developer met with residents and had spirited discussion and the developer then changed the application to RS. Many neighbors were inattendance, They were infavor ofand thankful buthe developer. It was asked iYthe properties would berented orowner occupied. Nelson answered that the City will not regulate that. It was mentioned that this is a wonderful project with a very supportive developer.The development will be connected to the park and hike and bike trails, something the association has been aiming for. Trees will be saved. The neighbors are all pleased. Mayor Ross closed the Public Hearing at7:02pm. Gonzalez thanked the developer for taking the neighbor's concerns and working together, Gipson thanked the developer and neighbors for all the hard work and working itout together. Motion byGonzalez, second byGipson tuapprove Item T. Approved: 7-0 I limp. gra 200 feet of the project and the City Council vote would need to have a 6 of 7 approval to be approved. Nelson read the caption Mayor Ross opened the Public Hearing opened at 7.10 PM Persons signed up to speak on Item U included: Jeff Lawrence Rom Larry Olsen, Ed Olsen, Gary Wang, Robert Phipps, Pamela Mitchell, Marc Truxillo, Lisa Shumate, Roy Peck, Davin Hoyt, Ann Seaman, Michael Walton, Peter Dana, Susan Firth, Linda Johnson, J.C. Johnson, Ross Hunter, Gretchen Johnston, Kevin Cummins, Rachel Cummins and Len Denton Concerns and Comments Voiced included: The importance of following the Downtown Master Plan and development strategy for Georgetown Not part of residential neighborhood Low impact uses are valuable Suggestions from master plan do not fit Transition area issue Commercial use encroached onresidential Request council toden request Nmcompelling reason tzone anything but residential 1992 rezone to commercial with special zoning necessary to protect neighborhood Property different from other downtown properties 5Qfeet from bedrooms ona24foot street City promised tmprotect the neighborhood New owner iorequesting these promises beremoved Council would nolonger have any say onwhich business could operate here. Protective zoning can just disappear? \nsupport with P&Zrecommended conditions Zoning placed due toproximity homes and churches More uses are needed downtown Restructured business ismbenefit huGeorgetown Sanctioned byboth P&Zand City Council Removing conditions would beobreach oftrust hothe owner Council should not beable to'tell people what they can nrcannot doontheir property Conflict between public good and business Business onthe edge ofOld Town Accepted zoning conditions when first started business, why change now? Majority needs tnprotect the rightaofthe minority Spendsa|ctoftimodowntown—hoveproxeoUhemmeVveaaaegoodbusineae Woion—mmp|ifiedmuaio Showed picture ofhow close homes are tnthe venue Can't keep the base from going all through the town Thought 'transition sites were buffers tnthe master plan This imehigh impact business Website asks guests to be conscious of decibel of 90 — showed charts with familiar noise — 90 has effect of jackhammer orleaf blower — Neighbors must listen for 3hours atnight Impacts the feel ofthe downtown good feeling Close neighbor has nocomplaint Disaontionwhen establishment was originallypnopou*d Represents aninvasion nfwhat should beebuffer zone Greater good ofone otthe expense ofmany others Streets very narrow. Events only onevenings and weekends Other venue could be muohvvorse—tnaffineto. |fnot broke, don't fix it When Justin sells, who knows what can gnin? Donot change the designation Valuation afsurrounding homes werdecreased because ofthis event center by$91'000over last 4years Inequality inzoning businesses creates problems Nojustifiable reason tochange zoning Preserve delicate balance Appreciates positive growth inOld Town Very sensitive site Noiseissues... Dozen incidents called into police This iasoft enforcement Good neighbor. Not even trying to change his business use Good transitional business there Bringing 1nbusiness for other businesses Event centrdnawspen |eiutotmwn Growing inward instead of outward. Density better than sprawl. Strong intersection between residential and commercial Should look atother cities with transitional properties Proud toberesident mfGeorgetown where discussion can take place Must look out for the best interest ofthe City aswegrowth. usiness that would be approvable� Gipson asked Justin Bohls, the owner, about the property values. Bohls said a reputable study shows that property values have increased. Gipson asked about Galls to the facility and how many issues there seem to be. Nelson answered that there have been 14 Galls to police. 4 calls were concerned about an airstream trailer parked on the premises. I I calls were noise complaints. When authorities tested the decibel level, it has been found to be within the decibel limitations every time explained Nelson. She went on to say that the business has never been cited. Gipson asked Bohls to discuss the problems the community have caused him. Bohis said he felt he was being harassed by some of the neighbors. Gipson said he has heard stories of neighbors walking in during weddings and causing problems. Gipson told BohIs that he has stuck to what the City had asked of him and thanked him. Bohis said that residential zoning is not the best use for the downtown and added that office space would not work. Bohis said that this is the best use for this unique property. Motion by Fought to approve Item U. Second by Hesser. Eby asked about the current conditions and what could happen with the zoning uses. Nelson said a property owner would have to seek a SUP process in order to proceed. Eby said this is not protective of the neighborhood� Approved- 6-1 (Jonrowe opposed) Nelson spoke on the item for aspecial use permit. She spoke on the adoptionofthe SUP process in 2013. Nelson explainedtbat!hobusineaouwnerhaoopenstedunderrestdctioneOho4bowmuNVke|ifted. Nelson said that the Planning 8.Zoning Commission had voted forop l of the request. Staff is also recommending approval. Nelson passed out eprint out bothe City Council. Nelson showed slides ofthe current condition mfthe site and the proposed conceptual site. The proposal would add storage for table and chairs and enairstream trailer for office space and ewedding changing area. Nelson went through the proposed changes, individually on list. She spoke Pna||i1emethatananotchangingaaweUaothorequeaodohengau. Conditions were numbered 1through 19.withexplano1ionoandin\antaforaooh.Eauhconditiunweedeanhbedaereonmmeoded ornot bystaff and the Planning & Zoning Commission. Nelson explained the staff recommendations and the Planning & Zoning Commission's recommendations and the intent of these recommendations. Nelson said that six ofseven Counci|mambervotes would berequired for approval ofth item since there was oreport ofover 2D96opposition tothe item from citizens within 2DOfeet ofthe business. Nelson read the ordinance. Persons signed up to speak on Item V included: Josh Schroeder, Troy Hellman, Larry Olson, Ed Olson, Jeff Parker, Robert Phipps, Pamela Mitchell, David Roberts, Marc Truxillo, Lisa Shumate, Lawrence Romero, Roy Peck, Ann Seaman, Sherry Dana, Clare Easley, Michael Walton, Ross Hunter, Gretchen Johnston, Peter Dana, Linda Johnson, J.C. Johnson, Kevin Cummins, Rachel Cummins and Len Denton Concerns and comments included: Parking Noise issues Emergency vehicles cannot get where they need hzgo Building is not sound proof 50 feet from bedrooms Pounding base does not stop Runs dishwasher, washer and dryer and to not put up with the noise Cannot sit on porch or back yard How does this business have more rights than the neighbors? Street too narrow 225people cheer the honorees all atonce when coming and going When 30foot door opened music imvery loud Must constantly call the police Bythe time they get there, the music has died, urthe decibel iomeasured from down the street Rejects notion of Georgetown comparable tn Bou|der, Colorado Existing SUP does not seem hobaenforced. Nosituations have been served from those complaints Conflict ofresidents ofOld Town and limited company inOld Town Older homes have large single pained windows out of desire to hold the historic valued. Noise is worse Neighbors have worked out parking problems. Donot need additional ones 1OdBs sound level doubles the noise Public records ofviolations Security officers should be2 if over 1OOpatrons Pattern ofnon-compliance with this business Pattern oflax enforcementb the City Showed email from Code Enforcement — gave opinion from street and suggested enforceability — state in UDC that conditions ofthe SUP must bmcomplied with, orrevoke the SUP. Adisregard ufCity ordinance Spot zoning, not transitional zoning, and just transitional uses Special use permit iethe most eloquent way hzdeal with acase by`case basis Applying for inappropriate zoning Improve enforcement tosee ifthe conditions are really working Items indisagreement are parking and noise There are 29 to 32 weekend days per year with downtown events where parking is an issue |fdoor iaopened, and noise ioalright, usefo ir Value ofhomes iothreatened byloud music and parking issues Appraisal district has reduced taxable value of one home by 25% and another by 15% Donot modify existing conditions Wants the business tosucceed Loud music disturbing people oinight Parking inanegative impact Georgetown has ecosmopolitan mixture ofcharm, ebalance. Mixture iowonderful. Don't let dchange Conditions have worked when they are practiced and enforced Enforce the special use permit Showed municipal code sec. 8.16.070 — people are protected bythe city code but Ki not enforced No one making the decisions has to contend with living with it All of these people are here because there is a problem, not because they enjoy it Spent time trying to understand these complaints walking in downtown. More noise was from Eats on 8 th and 600 degrees. The union was muffled low. Did this 3 times. Music went up after eating, but was still muffled. Every time there was a police report they were within the tolerated range Everything is working well, do not grant the removal of the conditions Noise outrageous when door is opened. Cannot enjoy themselves outside at home Meter for decibels never put in Some restrictions were not complied with Neighborhood is trying to work with and deal with the business and be good neighbors Officer Dauer is the neighbor's hero People should be able to park in front of their own home Strong business is a part of a successful city Union on 8 Ih is a business success story Do not need to change now Owner agreed tuthese conditions and now hewants tuchange them Contracts signed and broken because ofthe 'New Year's Eve event and non-compliance Sup requirements are essential Noise can becontrolled and mitigated Noone can control parking indowntown Georgetown — not Justin's fault Noise insulation non compliance Shared parking agreement was required prior to issuance of certificate of occupancy Parking agreement had to be recorded and no parking agreement has been recorded as required by the sup Parking agreements changed and confusing Got parking agreement two years late and not sure ifitcomplies. Excerpts from Downtown Master Plan Activity uses downtown should bopromoted Need more entertainment venues tostay open longer Light commercial ioallowed inthe residential portion City should dosomething toaddress parking onMyrtle. Make one side ofstreet parking permanent, aein festival parking People perception ofnoise isvery different. Put updecibel finders inbusiness Owner has never not complied with the sup Security has never not complied, for the purposes oYthe sup Noise device has been installed the entire time — anything to the contrary is a lie Owner has quadrupled the noise deafening affect Parking agreement was inplace before the certificate ofoccupancy Put clear rules inplace, owner will always comply with clear and concise rules Owner revised the parking agreement when asked bystaff Fredericksburg has parking bha Bartlett does not. This 1aagood problem for Georgetown Union on8th should not beblamed for the parking problems City couldissue parking permits for residences Union should have tocomply with noise ordinances, all businesses must Motion by Fought, second by Hesser (omodify the SUP and accept staff eand the Planning Q^Zoning Commissions' recommendation. Jonrnweasked about the noise restrictions and the special use permit. Nelson asked Valerie Kreger to explain. Kreger said that residential iomore restrictive, aonoise standards mmu|dappJy. She said that staff spoke to residents. Noise complaints are tested from the complaint spot said Kreger. Jonnzweasked ifthis would bm adopted for other properties anwell. Kreger saidyeo. Jonrmveasked |fitwould b*the same for the Uptown Social. Kreger said she would check with Code Enforcement and return a response as soon as possible. Jonnoweasked about noise dampening materials. She said there seems tnbosome debate onwhat this means. Applicant Boh|oexplained what was put into his business. Hesaid that noise is restricted toO5toQDdecibels. Bohis said that he hired an acoustical engineer to provide the noise dampening materials to specifically meet the requirements. Hesaid the materials installed were the engineer's suggestions. Heexplained that there are two levels nfinstallation. Spray foam was applied tumake the walls air tight. Jpnmwe.asked ifautomated sound meters were not befeasible and why itwas not brought bon*tnCounci| Boh|esaid noise meters have been in his site since the beginning ofhis business and are always used. Heexplained how haiaeven able bomake adjustments from his phone. Hesaid the system isworking well and the business has never been cited for violation. Jonnowethen asked how the owner would qualify oaasecurity officer. Nelson looked upthe definition with the UDC. Assistant Chief of Police, Cory Tchieda, said there is an issue because there is a lack of a definition of a security officer. Jonrowe said if Council had been asked if the owner could be the security officer, Council never would have approved. She added that the written conditions seem different from Council discussion Jonnzwe asked 8nh|swhat kind nfwindow treatments were atthe business. Bohisanswered that were nu window treatments. Jonrowe said this is a violation since strobe lights are not supposed to be visible outside the building. Jonrowe asked about a picture of vendors dropping off materials at a door that is not considered the primary entrance. Bohis said he is happy to clarify that the big blue door is the primary entrance. Nelson said that the UDC does describe the primary entrance. Jonrowe said that conflict has been created and these things need to come back to Council. She then asked Nelson about the parking agreement. Nelson said she could provide it, but does not have the current parking agreement with her. Nelson said she will send btmJpnrmwe Jnnroweasked netrailer has been parked edthe building. Boh|asaid yes, on000aosion Jonnowesaid this 1ain violation ofCity ordinance. Kreger said the owner had been asked toremove the trailer several times. Jonrowe asked how staff could recommend an acceptance for someone who is in violation Eby asked about the parking and asked if the applicant is asking to remove it because it is a public street and not enforceable. Boh|manswered yes. |twas explained that police cannot tow ocar that ianot |nviolation ofthe general parking ordinance. People, who are not inviolation ofthe regular parking regulations, refuse tomove their car. The City iotrying tofind msolution. Eby estd changing language 1nthe conditions borequire the applicant toinstruct his guests not topark onthe street, BoNmsaid he is already providing this instruction tohis guests. Eby moved toamend the current motion tochange Number 1Gonthe list of'conditions tonot beremoved but revised anabove. Fought seconded the amended motion. Amended motion: Approved: 7~0 Original motion: Approved: 6-1(Jonroweopposed) Mayor Ross called for a 5 minute break. Mayor Ross resumed the meeting at 10:25 PM Ni Public Hearing and First Reading o[anOrdinance Rezoning 50.44 acres ofland in the William Addison Sumey, Abstract No. 21, located at 1601 Rockride Lane, known as GISD Mitchell Elementary School and New Middle School #4from the Agriculture District tothe Public Facilities (pF)District —CarolynHomer, A|CP`Planner and Sofia Nelson, CNU-4. Planning Director (action required) Nelson described the item and read the ordinance. Mayor Ross opened the Public Hearing sd1O.28PK8 Nopersons were signed uptospeak. Mayor Ross closed the Public Hearing at1D.2Bpm. Motion byBrainard, second byGonzalez toapprove Item VV. Approved: 7-0 X. Public Hearing for the voluntary annexationof17.81acres inthe LJD hesSumey located at10OUFKMi46O -- Jordan J. Maddox, AICP, Principal Planner and Sofia Nelson, CNU-A, Planning Director Nelson described the item. Mayor Ross openedthe Public Hearing et1O.27pm. No persons were signed uptospeak. Mayor Ross closed the Public Hearing ot10.2Opm. Noaction needed. Y. Public Hearing for the voluntary annexation ofvarious additions bmthe Williams Drive M ht -of -we o conveyed iathe City from Williamson County, from DBWood through the Jim Hogg intersection — Jordan J. Maddox, /UOp.Principal Planner and Sofia Nelson, CNU-A.Planning Director Nelson described the item. Mayor Ross opened the Public Hearing at 10.29 pm. No persons were signed up to speak. Mayor Ross closed the Public Hearing at 10.29 pm. Nelson described the item. Mayor Ross opened the Public Hearing at 10.29 pm. No persons were signed up to speak. Mayor Ross closed the Public Hearing at 10.29 pm. NOMMMICR= �:Fulmwnll: =.-MrsTre Nelson described the item. Mayor Ross opened the Public Hearing at 10.30 pm. No persons were signed up to spea�& Mayor Ross closed the Public Hearing at 10.30 pm. M AB. Forwarded from the Georgetown Transportation Advisory Board (GTAB) and the Planning & Zoning Commission Consideration and possible action to approve a Scope of Work and Interlocal Agreement with Capital Area Metropolitan Planning Organization (CAMPO) for the Williams Drive Study --Nat Waggoner, Transportation Analyst, Andreina Davila, Project Coordinator, Sofia Nelson, Planning Director and Jim Briggs, General Manager of Utilities Nat Waggoner described the item. He said that the agreement had been approved by both the Georgetown Transportation Advisory Board (GTAB) and the Planning & Zoning Commission (P&Z), Waggoner read the caption. Motion by Fought, second by Gonzalez to approve Item AB. Fought instructed staff to incorporate t[M _nstruction spoke about at the City Council Workshop meeting. 03MEEMM end budget variances; appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith — Lisa Haines, Controller and Laurie Brewer, Assistant City Manager (action required) Lisa Haines spoke on the item and read the caption. She provided a short presentation of the 2014/15 annual budget amendment. Haines explained that this was a routine annual budget amendment, brought to Council each year. She explained various funds and spoke on the amounts in each. Haines said that the City Charter requires a majority plus one vote to be approved. She then read the caption. AD. First Reading of an Ordinance amending the 2015/16 annual budget due to conditions that resulted in new program requirements in the current year, and excess fund balance at the end of fiscal year 2014/15 due to the timing of capital projects and other expenditures approved in the prior year; appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith -- Lisa Haines, Controller and Laurie Brewer, Assistant City Manager (action required) Haines provided a short presentation regarding the current fiscal year and described the item. She explained that this was a routine annual budget amendment, brought to Council each year. Haines showed mid -year adjustments and explained various funds and spoke on the amounts in each. Haines said that the City Charter requires a majority plus vote to approve. She then read the caption. FTIWIIM�U AE Second Reading of an Ordinance Rezoning 4.0 acres in the Nicholas Porter Survey, Abstract 497, located at 1402 and 1308 Williams Drive, from the Residential Single-family District (RS) to the Local Commercial District (C-1), to be known as Gabriel Bluffs -- Mike Elabarger, Senior Planner and Sofia Nelson, CNU-A, Planning Director (action required) Nelson described the rezoning request and read the ordinance. Motion byBrainard, second byHeooerhuapprove Item AE. Approved: G~1(Eby opposed) AF. Second Rad| of an Ordinance Rezoning 1S41acres being a portion ufSparks Addition, Blocks Q-1Oand 1315 d abandonedh located sd22OoChurch Street, from the Residential Single-family (RS) District and Industrial (IN) District to the Low Density Multifamily (MF -1) -- Mike Elabarger, Senior Planner and 8oho Nelson, CNU-4. p|onriog Director (action required) Nelson described the rezoning request and read the ordinance Motion byHesaer.second byBrainard toapprove Item AF. Approved: 7-0 AG. Second Reading of an Ordinance Rezoning 113.16 acres of land in the William Addison and J Robertson Surveys, located etth rthwvemt cornermfWestinghouse Road (County Road 111)and the future extension of Maple Street, from the Agriculture (AG) District to the Residential Single -Family (RS) District, to be known as the Gattis Tract -- Juan Enriquez, Planner and Sofia Nelson, CNU-A, Planning Director (action required) Nelson described the rezoning request and read the ordinance Motion byHesoer.second byBrainard foapprove Item AG. Approved: 7~0 AH. Discussion and possible action to deny the issuance of a grant that was awarded to the Williamson Museum by the Convention & Visitor's for the promotion of an eventknown as the"Old South Bm|| ACiv1| War Soiree" AND adjust our CyBgrant policy Vo make sure that the City does not provide CYBgrants hz events which could reasonably be considered exclusionary or discriminatory -- Rachael Jonrowe, Ouunci|mamberDistrict d Jmnrevwasaid she will not bespeaking onthe irst part of this item since the Williamson Museum has denied acceptance ofthe grant. Jnnmweasked Morgan ifthat was correct. Morgan answered yes. Jonrownsaid she will not make omotion o the item either. Mayor Ross asked for clarification and instructed that she must make amotion. Jmnmwesaid she 'was seeking discussion and possible action. Ross said that Jonrowamust make amotion tocontinue. Rossnskedfordiscuson-Jonrowe asked for clarification. Ross told Jonrowe she would have minutes to speak. Ross said each Councilmember will be given 3 minutes to speak and then a second round of 1 minute each. Jonnnweasked Mayor Ross ifheshould consider recusing himself. Ross answered that hehad already considered |tand the answer was no. Jonrowe said that recent media events and community discussion of the event reveals that there may have been unintended consequences that occurred from the CVBgrant. She asked that staff prepare oCouncil workshop for grants with arequirement that potential grants need tmcome to'Council. Motion by J ncowe.meuondbyEbytodirectotafftnpnapareaCound|VVorhmhophoreviewtbegnantprooeosfur entities that donot currently forward a set ofrecommendations toCouncil: CV8.Main Street and Arts and Culture; to include the documents used, examples of projects approved in the past, recommendations from the boards for changes (if any) tathe scoring and application fbrmaandanswermtoonyquestionsthodmyfeUmw Counci|mombemmay have, including myown, which would possibly add oshort written component, where the ?pplicant describes the event and their vision for it, what grade you would have to have to pass and how it is computed and how often the grant awarded is larger than the request. Fought said he supports that all events shall be fair and nondiscriminatory. He said these groups are working hard in the City and truly careHe does not feel it is productive to check, make sure and questions them. He believes their decisions are thoughtful and obvious. He said changing the current well thought out system would be insulting. Jonrowe said the advisory boards do not currently make a recommendation to the Council. Fought 4,e 2 talk to more people. Gonzales spoke about the sensitivity for some and not for others, He said there is a need to be careful if pointin! out what is acceptable and what is not. He said it is difficult to define inclusive. Gonzalez said the CVB Board made a recommendation of $1500. Gonzalez questioned if Council should really review this. He said the City needs to empower certain groups' decisions and added that Council could not possibly start reviewing every grant application. Gipson said the process is good. He explained that he used to be on CV13 Board. Gipson said Council does not need to question decisions made by appointed representatives. Eby said she is not in favor of changing any policies but is not opposed to a workshop to discuss, Brainard said we live in a multi -cultural society and he is not offended. He mentioned events such as Juneteenthi Cinco de Mayo and Christmas celebrations. Ha&sar sait that he ha:t revieAsef 9 Ailicy ?&t Welieves tX2t tXe gm.M w2% .am rtvel wit* gtvf juitgemext and within code. He said no one was excluded from purchasing a ticket to the event. Jonrowe reread her motion. She said that she had three questions that she is now being denied the right to get the answers. Mayor Ross told Jonrowe that she still had time. Ross said this is a council meeting and not a workshop and asked why Jonrowe would not ask her questions at a workshop. Jonrowe said she was trying to direct staff to create a workshop, but everyone was voting against it. Mayor Ross said it was still in the discussion phase. Jonrowe said that she was sure she could not change everyone's mind in the last 30 seconds. Ross told Jonrowe that there was still time if she wished to continue discussion. Jonrowe said that it was clear to her that some bias was being shown, Mayor Ross advised Jonrowe to be careful and be able to support her accusations. Jonrowe told Mayor Ross that he should be careful himself and that he has interrupted her and kept her from saying what she wants to say. Jonrowe told the Mayor that he has the right to shepherd a meeting but does not have the right to of. councilmember from speaking or speaking as long as they wish, as long as it is related t* the items on the agenda. Mayor answered that that is not the casei but he will not debate the matter now. Failed- 2 - 5 (Brainard, Hesser, Fought, Gipson, Gonzalez oppose Al. Consideration discussion and �ossible direction re - in• qlanning, zoning, and overlay districts related to City gateways — Mayor Dal Ross Mayor Ross spoke on the Item and asked Council to direct the City Manager, David Morgan to proceed with a viable plan. Ross asked that the proposals be brought to a City Council Workshop meeting within the next 60 days. Motion by Hesser, second by Gonzalez to approve Item Al. Gipson asked about the definition of gateways. Morgan explained. Morgan said that staff would bring the history of past gateways and plans for new development and guidelines for the development. I - - 1. - . . 6 Approved: 7-0 Pi-oject Updates AJ. Project updates and status reports regarding current and future transportation and traffic project; street, sidewalk, and other infrastructure projects; police, fire and other public safety projects; economic development projects; city facility projects; and downtown projects including parking enhancements and possible direction to city staff -- David Morgan, City Manager Morgan had no updates. Public NVishina to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. AK - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda 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. Motion by Hessen, second fought 11.00 pm AL. Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - Hoskins Brown Update Sec. 551.072: Deliberation Regarding Real Property (1) Consideration and possible action to approve the appraised value for the acquisition of 1.453 acres of real property in fee simple for right of way and 0.63 acres of permanent utility easement to be acquired from Georgetown Independent School District in connection with the Rivery Blvd. Extension Project and to authorize an initial offer to be extended to the landowner based thereon. —Terri Glasby Calhoun, Real Estate Services Coordinator, Jim Briggs, General Manager of Utilities (2) Consideration and possible action to approve the purchase of real property andlor easements, the payment of relocation benefits, and the subsequent payment of actual moving expenses in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, in connection with the Rivery Blvd. Extension Project — Terri Glasby Calhoun, Real Estate Services Coordinator, Jim Briggs, General Manager of Utilities a) Parcel 4, Castleberry, 305 Shannon Ln b) Parcel 19, Rose, 1525 Park Ln c) Parcel 20, Chapman, 1523 Park Ln. (3) Deliberation concerning the acquisition of real property located at 307 Shannon Ln (Parcel 2) from Leslie David Romo and Sue Lynn Cole Romo in connection with the Rivery Blvd. Extension Project — Terri Glasby Calhoun, Real Estate Services Coordinator, Jim Briggs, General Manager of Utilities Sec. 561.074: Personnel Matters —City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal - City attorney recruitment I'Viecting was adiourned tit 11:00 NNI. I Approved by the Georgetown City Council on C3- 19 1 1 (' Date Dale Koss, Mayor