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HomeMy WebLinkAboutMIN 12.08.2009 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council resent: Council Absent.9 Keith Brainard, Gabe Sansing, Dale Ross, Ben All Council Present. Oliver, Pat Berryman, Patty Eason, Bill Sattler j Staff resent: Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Hamilton, City Secretary, Jim it Briggs, Assistant City Manager for Utility Operations; Mark Thomas, Economic Development Director; Brent Schacherl, Interim Police Chief; Thomas R. Benz, Systems Engineering Manager; Patrick Hurley, it Police Captain; Edward G. Polasek, Principal Planner; Elizabeth Cook, Community Development Director; Jennifer Bills, Housing Coordinator; Glenn Dishong, Water Services Director; Kenneth Arnold, Energy Services Director; Valerie Kreger, Principal Planner; Marsha Iwers, Purchasing Manager; Keith j Hutchinson, Public Information Officer; Leticia Zavala, Finance; Kathy Ragsdale, Utility Office Director; Regular Session ® To begin no earlier than 06a00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) Comments from the Mayor . Welcome and Meeting Procedures City Manager Comments . Boards and Commissions Applications . City Holiday for Christmas and New Year Action from Executive Session There was no action out of Executive Session Public Wishing to Address Council On a subiect 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 City Council Meeting Minutes/December 8, 2009 Page 1 of 10 Pages 512/930-3651. B - As of the deadline, there were no persons who requested to address the Council on items other than what was already posted on this Agenda. Statutory Consent Agenda 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. C Consideration and possible action to approve the minutes of the Council Workshop held on Tuesday, November 24th and the Council Meeting on Tuesday, November 24th, 2009 -- Jessica Hamiton, City Secretary D Consideration and possible action to recommend approval of a Extension of Master Services Agreement with HDR Engineering, Inc., of Austin, Texas, for professional engineering services -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations E Consideration and possible action to recommend approval of a Extension of Master Services Agreement with Espey Consultants, Inc., of Austin, Texas, for professional engineering services -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations F Consideration and possible action to recommend approval of a Extension of Master Services Agreement with Steger Bizzell Engineering, Inc., of Georgetown, Texas, for professional engineering services -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations G Consideration and possible action to recommend approval of a Extension of Master Services Agreement with Inland Geodetics, L.P., of Round Rock, Texas, for professional engineering services --Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations H Consideration and possible action to approve Task Order MEI 10-002, with McCord Engineering, Inc., of College Station, Texas, for professional services related to the Electric Utility System Valuation Adjustment Study, in an amount not to exceed $25,000.00 -- Thomas R. Benz, Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Consideration and possible action to approve a Task Order KPA-10-002 with Kasberg, Patrick & Associates, LP of Georgetown, Texas for professional services related to the Edwards Aquifer Recharge Zone Rehabilitation I — VII analysis in the amount of $47,288.00 -- Thomas R. Benz, P.E., Systems Engineering Director, Jim Briggs, ACM for Utility Operations J Consideration and possible action to approve a First Amendment to Task Order IG 09-001 with Inland Geodetics, L.P. of Round Rock, Texas in an amount not to exceed $35,203.00 -- Thomas R. Benz, Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Sattler asked and Benz spoke about the original bid for the project and he noted there has been a change in scope to the project, which is included in this amendment. Motion by Sansing ,second by Ross to approve the Consent agenda in its entirety. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: K Alvin Lankford regarding plans for Williamson Central Appraisal District (WCAD) --Alvin Lankford, Chief Appraiser, WCAD Lankford thanked the City Council and said he started as Chief Appraiser for the Appraisal District in March of 2009. He said one of the changes he is trying to make is to achieve more customer service. With a Powerpoint presentation, he went through "Appraisal District 101." He spoke about the organization of the appraisal process, how the structure is created and he explained the protest process itself, He said appraisal notices are City Council Meeting Minutes/December 8, 2009 Page 2 of 10 Pages sent out mid April and, if a person disagrees with an appraisal, he or she can come in without an appointment and they will be able to speak to an appraiser. He spoke about what would happen in those meetings. He said all protests are due on May 31 st. He described the appraisal review board hearing and how the board makes its decisions. He noted, once the appraisal review board is chosen by the Board of Directors, that is the last interaction the Appraisal Review Board has with the Directors. He said there is a true separation between the appraisal operations and the appraisal review board. He showed Council a graph demonstrating an overview of the phases in the property tax calendar. Lankford spoke about the plans for the WCAD and said one of his goals is to improve their customer service. He said they see 20,000-25,000 protests per year and noted they are trying to prevent the loss of customer service to the citizens of the community. He said one of the things they are trying to do is release a series of web site videos describing the process of residential appraisal. He said many citizens are intimidated by the residential appraisal protest process and noted they want to get across to everyone in Williamson County that this process has some merit. He said they will be one of the most progressive districts in Texas after doing this. He continued to speak about their plans and noted there have been past issues regarding customer service. He noted they will conduct customer service surveys including the public service survey, the appraisal staff meeting survey, the appraisal review board survey and the taxing unit survey. He noted their goal is to provide the results of those surveys to the appraisal review board. Lankford said, if City Council has any issues that they would like to discuss with him, they should call his office directly. He said one of the future pians of WCAD is to have the ability to file a protest on the WCAD website. He noted this will allow the appraisars to send the same information they give someone in person to the appraisal district via the Internet. He said the other plan is to utilize technology to increase accuracy. He spoke about aerial photography sketch validation services as well as aerial photography change detection services. He said this will be able to allow the WCAD to use oblique imagery to insure accuracy of measurements during meetings with the public. He said WCAD will begin using new technologies to improve the appraisal cycle and increase the accuracy. He spoke about the new technologies including a sketch validation program and aerial photography change detection services. Brainard asked and Lankford said there are two boards and noted the Board of Directors appoints the Appraisal Review Board and the Board of Directors is elected by the citizens of the community. Brainard asked and Lankford said there are 5 members on the Board of Directors and 14 members on the Appraisal Board. Brainard said he appreciates the commitment Lankford has made with regard to improving customer service. Brainard asked and Lankford said he has felt no pressure from any entities to raise values. Brainard asked and Lankford said there has been a movement at every Legislative Session to have full sales disclosure, which has been shut down every time. He said Texas is a non -disclosure state and, therefore, the appraisal district does not receive every sale. Brainard asked and Lankford said the Texas Association of Appraisal Districts has been taking stance on this issue at every session. Ross asked and Lankford said there is an application process for the review board and said the board reviews professional backgrounds of each applicant, but he noted there is a limited population that applies to the review board. Ross asked and Lankford said, of the 20,000-25,000 protests each year, 50% receive some sort of change to their original appraisal. There was much discussion. Ross applauded Lankford for his efforts on customer service. Oliver asked and Lankford said the district obtains the information they use from willing realtors and question and answer surveys that go to the buyer. Lankford spoke about the type of services WCAD uses to gather its information. Sattler thanked Lankford for coming and he commended Lankford for the transparency he is promising. Sattler asked and Lankford said House Bill 2188 restricts the ability for the WCAD to distribute sales information to the public. He said, once a person files their protest, the WCAD can only release sales comparables given about their particular property. Berryman thanked Lankford for clarifying the process and how it works for the public. Berryman said there is a perception that citizens would see a tax break after the property tax changes on the state level. Berryman asked and Lankford said it is difficult to appraise a property with lack of information. He said they use trending across the County on properties that have the lack of information. He noted they value 180,000 properties per year. There were many questions. O Public hearing and First Reading of Ordinance on a Comprehensive Plan Amendment changing the Future Land Use Plan from Medium Density Residential and Mixed Use Neighborhood Center to Employment Center for 18.81 acres in the Dyches Survey, also know as the Pierce Tract, located at 1000 FM 1460 -- Jennifer C. Bills, AICP, LEED AP, Housing Coordinator and Elizabeth Cook, Community Development Director Mayor asked and Polasek said the applicant requested that Council consider the Comprehensive Plan Amendment prior to the Annexation and Rezoning items. Bills reviewed the item and read only the caption of the Ordinance on first reading after having satisfied the City Council Meeting Minutes/December 8, 2009 Page 3 of 10 Pages requirements of the City Charter. She said this item is a request to change the land use for the Pierce Tract. She showed Council a map of the Future Land Use of this tract. She said it is one of the "donut holes" in the City and she described the current zoning of the area. She noted the request is to move from medium density residential to the employment center zoning. She noted the Planning and Zoning Commission denied the land use change and she described some of the concerns of the Commission. Brainard asked and Bills described Employment Center as an area which would allow industrial, business park, office and large employment centers where people work. Brainard asked and Bills said the area could include some retail as an accessory use. Sattler asked and Bills said, if Council denies the amendment, it would have to be brought to Council after a 5 year waiting period. Ross asked and Bills said the four houses on the road that look out onto the vacant field. There were additional questions about the area involved in the proposed land use change. Public Hearing was opened at 7:06 p.m. Speaker, Robert Smith, said he is at the meeting in support of the proposal to voluntary annex the property and rezone it to the industrial park. He said the proposal would put some parameters on how the land can be used. He said, if Mr. Pierce were to develop on the land right now, he could do whatever he wants with it. He said, economically, the City will be able to know what they are going to receive with this change. Speaker, John Byerley, said he has lived in the subdivision for twelve years and noted he would hate to see anything done that would change this area. He said he does not mind the land being annexed into the City but noted what he wants is for the land to stay zoned as moderate density residential. He also requested that Sunrise Valley Lane stay as a dead end street. Speaker, Cindy Smith, said she is the wife of Robert Smith and noted she has been asked by her fellow landowners and homeowners to speak about her support of the annexation. She spoke to Council about the aesthetic portion of this change. She said she settled on Georgetown because of the beauty of the small town atmosphere with the big town amenities. She said she purchased that property because of the Country setting. She said the problem is whether the land in question will be development as residential or commercial. She said it would be in the City's best interest to keep it as controlled commercial property because she does not want to look into neighbor's homes or have new two story homes block their views of the countryside. Speaker, Tracy Lafave, said said there are five homes that back up to the property in question. She said, if this gets changed to Industrial or Commercial, certain houses may look over to a four story building. She said she would never have bought a home in that area if she knew that they have to look over a four story building. She said her home will not sell and she will lose property value. She noted none of her neighbors bought their homes to face a commercial property. She said much of that land is not developed and the residents appreciate that fact. She said she encourages the effort to keep Sun Valley Drive a dead end street. She said they are all good, voting citizens. She spoke about the drainage issue in that area. Speaker, Bob Sedlor, said he is representing the applicant and showed the Council a view of the pierce tract from the perspective of the residents. He gave Council a brief background on the property. He described the zoning around the property as well. He said the residents would like to see this property developed at its highest and best use. He also showed Council a quick map of the utilities in the area and noted he spoke to Mr. Pierce about how he would like to use the property. He showed the City Council pictures of other non -controlled areas of the City. He said himself and Mr. Pierce are interested in controlled development of the tract. He said it would compliment existing activities in the area and added the highest and best use of the area would be some type of commercial development. Speaker, Rosalind Pearce, said she has lived in the neighborhood for 16 years. She noted they are not against the City annexing the property, as long as it stays residential. She said the residents in that development do not want commercial development behind them. She spoke about the drainage issues in the area. Speaker, W.E. Rose, asked what kind of control the City has over the ETJ. Bills said the City has control over stormwater permits, platting, signage, driveway and health safety and welfare issues. She said the City does not have control over zoning issues in the ETJ. Brainard asked and Bills said the zoning request is for business park, which is a 60ft maximum height. Brainard asked and Bills said, right now, the City could not prevent the applicant from developing a very tall structure. Brainard asked and Polasek said the City ran out of acreage before it got to this area in the 2006 annexation process. Berryman asked and Polasek said the property is on the market to be sold and the developer is still trying to obtain site plans. Sattler asked and Bills said, if the property is annexed, then the City can control what goes on the property. Brainard asked and Polasek said the City ran out of acreage before it got to this area in the 2008 annexation process. Berryman asked and Polasek said this property is on the market to be sold. Eason said, when someone brings a site plan to the City, the City can be specific about what can actually go on that space. Sattler asked and Bills said the Planning and Zoning City Council Meeting Minutes/December 8, 2009 Page 4 of 10 Pages Commission denied this application because they were concerned with the traffic that would be near the area as well as it being so close to a residential area. Oliver said, on the current land use, the property is open space because it is flood plain. Oliver asked and Polasek said the request for annexation is a voluntary request, which means the applicant can withdraw their request at any time. Oliver asked and Polasek said the property can be involuntary annexed at any time in the future. Mayor noted this item is the first step that goes into the process of annexation and rezoning. Eason asked and Bills described the type of development that could go into the area if it were to stay as it is currently zoned. Public Hearing was closed at 7:42 p.m. Ross asked and Polasek said, if this was an involuntary annexation, it would come into the City zoned as Agriculture. There were many questions about the area. Mayor asked and Polasek said a motion to table would effectively kill the process. Brainard asked and Polasek said the staff has recommended the applicant's proposal to amend the comprehensive plan. Brainard asked and Bills said staff is recommending the change because it is compatible with the zones around it. Berryman asked and Bills said the site plan is an administrative process and it would not go to Council. Bills said the zoning is the mechanism that controls the height of the buildings in an area. Mayor asked and Brandenburg reviewed a timeline for the request. Ross asked and Polasek said the ultimate in terms of land use would be either industrial or commercial use. Ross said and Polasek noted there are other zones that staff would find to be more offensive than this option. Eason asked, since the original use included three uses, if it is possible to have something in addition to an employment center on the property. Polasek said it would be possible, but the application in front of Council does not allow for that negotiation. Brainard asked and Polasek confirmed it is an option to just leave this alone at the risk of the applicant withdrawing his request. Oliver said it seems the Council should make a decision as to whether or not they should affirm Planning and Zoning's decision to deny the request. There was much discussion. Motion by Oliver, second by Ross to affirm Planning and Zoning's denial of the application and, therefore, reject the Comprehensive Plan Amendment Ordinance. Brainard asked and Bills said the consequence of this motion, if it were to be approved, would be no change to the property. Eason said she will support Oliver's motion because there needs to be a better comfort level related to the development that would be going on with this property. She said the best use for that area is definitely an employment center. She noted, because of her lack of comfort with how Council can impact those issues in the way it has been presented, she will vote in favor of this motion. She noted this needs to be annexed because none of the residents' problems will get solved if it is not. She said residents are more vulnerable if the property is not annexed. Oliver agreed with Eason and said it is a discomfort level. He said Council approves a plan when they see what they get and he noted they see nothing right now. He said he would rather force the issue by denying the request. Vote on the motion: Approved 7-0 Meeting recessed at 8:10 p.m. Meeting resumed at 8:18 p.m. N First Reading of an Ordinance Annexing into the City 18.81 acres, more or less, in the L. J. Dyches Survey, Abstract 180, for the Pierce Tract, located at 1000 F.M. 1460, east of Madison Oaks Avenue and west of High Tech Drive -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Community Development Director This item was pulled by the applicant. P Public Bearing and First Reading of Ordinance on a Rezoning from AG, Agriculture District to BP, Business Park District for 18.81 acres in the Dyches Survey, also known as the Pierce Tract, located at 1000 FM 1460 -- Jennifer C. Bills, AICP, LEED AP, Housing Coordinator and Elizabeth Cook, Community Development Director This item was pulled by the applicant. L Consideration and possible action on the recommended selection process for certain professional services, including architects and engineers -- Terry Jones, Support Services Construction Manager; Thomas R. Benz, System Engineering Manager; Micki Rundell, Chief Financial Officer and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/December 8, 2009 Page 5 of 10 Pages Jones said, back in September, Council requested staff come up with a formal selection process for professional services. He said, in the packet, they have included a section of the Government Code regarding selection. He went through the proposed architectural services selection processes and the related steps. He said staff has provided a sample evaluation sheet for the Council. He said staff is requesting that projects with costs higher than $2 million go through this process. Benz said he outlined what City staff is currently doing for the engineering services selection process. He reviewed the current process in place and said the proposed modification would be to do a general RFQ to select engineers for the needs of the CIP and utility. He said the selection committee would consist of members from the utility, water, energy services, members of the GUS Board and GTAB Board as well as citizens. Berryman said this did not answer her original question on this issue. She said these changes do not address the issue of the perception of staff favoritism, prejudice and improve fairness. She said she asked to add two citizens to the committee. She said one of the consistent complaints of the Council has been the way the City does RFQs and that the City uses the same companies over and over again. Brainard said there is a provision in the proposal that the highest and lowest numbers are to be thrown out. He added he also thinks it is a positive development to have members of the City's Boards and Commissions as members. He said he thinks it is progress and he is comfortable with these changes. Eason said she does not see a problem with these changes. She said she trusts staff and added she does not have a problem with what has been brought forward in the past. Sansing said great strides have been made on this issue since he came on the Council in 2002. He said he is comfortable with what staff is proposing this evening. He said throwing out the highest and lowest bid is not always the best choice but noted every person gets a better shot that way. Sattler said he would like for the selection process to add the terms "construction value" of $2 million for clarification. Motion by Brainard, second by Berryman to approve the item as proposed as well as including Sattler's language regarding the $2 million cost and to reduce the committee for architectural services to five, with only one member being from the Facilities Department. Approved 7-0 M Consideration and possible action to approve a contract with OSSI Sungard Systems for replacement of the current Computer Aided Dispatch (CAD) and Records Management system (RMS) for Public Safety -- Patrick Hurley, Police Captain and Brent Schacherl, Interim Police Chief Schacherl described the item. Motion by Ross, second by Eason to approve the contract. Berryman said she would like to see the City add protections that would address the costs involved in synchronizing the City's program with the County's program if the County does not go with OSSI. Ross said there is a $50,000 contingency include in the contract to cover any unexpected costs. Schacherl noted it should not be a huge cost. Hurley said, if the City were to build an interface, it would need to build one on both ends. He noted each agency would have to pay for an interface to sync with the other agencies. Berryman asked for an estimate of cost if the County were to approve a separate company to upgrade their CAD. Naegeli said they have a product that can share information and all they would need to do is spend $59000 to $7,500 to coordinate the interfaces. He said it would be a standard business operation. Sattler asked and Naegeli said, for this project, they have discussed with staff which data would be brought over from the current system to the new version. He said they are moving RMS data but not CAD data. Sattler asked and Naegeli said the City is using Verizon cards and it would be paying for a data plan. Hurley said it is about $38 a month per card used by the City. Sansing asked and Hurley said there are other technologies out there for this service. Sansing said the City should research other options for Wifi, such as Wimax. Sattler asked and Naegeli said the maintenance fee depends on what the entity purchases. Berryman asked and Naegeli said the product interfaces with all state and national databases that are required by law. Sattler asked and OSSI said they think the County will probably make their decision in the first quarter of 2010. Vote on the motion: Approved 7-0 Q Forwarded from the Georgetown Utility System Board (GUS): Consideration and possible action of award of the City's annual Water and Wastewater Ripe and Fittings, Bid No. 29064 to the various bidders for an estimated amount of $136,974.91 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong described the item and said it was taken to the Georgetown Utility System (GUS) Board and it is the annual purchase for parts and repairs in the water/wastewater system. Motion by Eason, second by Berryman to approve the award of bid. Approved 7-0 Forwarded JFN from the Georgetown Utility System Board Consideration and possible action to approve the contract for the SG�Pl (Southwestern Wastewater Interceptor) to Joe Bland Construction, LP of Austin, Texas, for the amount of $716,712.55 -- Thomas R. City Council Meeting Minutes/December 8, 2009 Page 6 of 10 Pages Benz P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Benz described the item and said this is a project that was identified in the Master Plan and will increase the City's wasewater capacity. Motion by Berryman, second support. Approved by Eason to approve the 7-0 contract. Approved 7"0 S Forwarded from the Georgetown Utility System Board (GUS): Consideration and possible action to renew the Professional Services Agreement between the City of Georgetown and ElectSolve to provide operations services for the City's Automatic Meter Reading System in the amount of $61,200.00 -- Kenneth Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Arnold described the item and said it was approved unanimously by the GUS Board and reviewed by the City Attorney. Sensing asked and Briggs said the Electsolve company in this agreement is separate from the company that has been seen in the past by Council. Sansing asked and Briggs said this is only a stop gap service until the new system is put into place. Motion by Sansing, second by Berryman to approve the professional services agreement. Approved 7-0 T Forwarded from the Georgetown Utility System Board (GUS): Consideration and possible action to authorize the approval of the annual license renewal and system support of software and hardware repair for the AMR Genesis and MVRS system between the City of Georgetown and Itron Incorporated in the amount of $52,480.71 -- Kenneth Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Arnold described the item and said it was unanimously approved by the GUS Board. Motion by Sansing, second by Berryman to approve the license renewal and system support. Approved 7-0 U Forwarded from the Georgetown Utility System Board (GUS): Consideration and possible action to approve Task Order MEIA0401 with McCord Engineering, Inc., of College Station, Texas, for professional services related to Capital Improvement Planning (CIP) and Electric Master Plan updating for an amount not to exceed $85,000.00 -- Thomas R. Benz P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Benz described the item and said the Task Order is a yearly update of the City's Master Plan to get the City the next year of Capital Improvement Projects. He said it would also update the Master Plan to reflect those changes. Motion by Berryman, second by Oliver to approve the Task Order. Approved 7-0 V Second Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local Commercial District for San Gabriel Estates, Block 1, Lot 6, located at 3600 Williams Drive -- Valerie Kreger, Principal Planner and Elizabeth Cook, Community Development Director Kreger described the item and read only the caption of the Ordinance on second reading. Motion by Berryman, second by Sattler to approve Ordinance 2009-59. Brainard asked and Kreger said staff does not know what is intended for the property. Approved 7-0 W Second Reading of an Ordinance for a Comprehensive Plan Amendment changing the Future Land Use Plan from High Density Residential to Employment Center and Mixed -Use Neighborhood Center on a 28 -acre property in the Flores Survey, to be known as Gateway Crossing, located at NE Inner Loop and County Road 151 -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Community Development Director Polasek described the item and read only the caption of the Ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2009-60. Approved 7-0 X Second Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-3, General Commercial, C-1, Local Commercial, and IN, Industrial Districts for 24.06 acres in the Flores Survey, to be known as Gateway Crossing, located at NE Inner Loop and County Road 151 -- Jordan J. Maddox, AICP, Planner 111 and Elizabeth Cook, Community Development Director Polasek described the item and read only the caption of the Ordinance on second reading. Motion by Berryman, second by Sansing to approve Ordinance 2009-61. Approved 7-0 City Council Meeting Minutes/December 8, 2009 Page 7 of 10 Pages Y Second Reading of an Ordinance to amend Section 13.04.120 of the Code of Ordinances entitled "Rates and ChargeswwWater--Schedule" -- Jim Briggs, Assistant City Manager of Utility Operations and Micki Rundell, Chief Financial Officer Briggs described the item and reviewed past action on this issue. He reviewed the rates and charges being proposed in this Ordinance. He said there is also a reserve fund set aside as per the recommendation of the General Government and Finance Committee. Briggs noted staff will have to calculate the proposed increase manually. Brainard asked and Briggs said they are looking at the software proposals and noted the schedule would be about two years out. Briggs said it would be easier to wait until the software is available before staff would have to go in and hand calculate the changes. Brainard said this provision was added when there were a very small number of users who used a large amount of the City's potable water. He noted he would hate to lose this provision because it is important to express that the City's water is not infinite. Briggs said staff would have to hand calculate the amount for the high water users. Mayor asked and Dishong said, if Council approved this Ordinace, there would be more than 15 members of staff that would have to hand calculate the amount. Mayor asked why staf would recommend something so labor intensive. Dishong said the reasoning was that staff thought this could be automated, but it can not. Sattler asked and Briggs confirmed the Sun City Community Association irrigates with non -potable water. Brainard asked that staff not include the increase, educate the public on water usage, and come back to Council with the increase when staff can calculate it electronically. Sansing stressed that the public should start purchasing irrigation controllers so they are not watering more than necessary. Eason asked and Briggs said it would be less labor intensive to try to educate the public than to calculate the increase manually. Eason said, if Council goes with Brainard's suggestion, there would be follow up in the future. Motion by Oliver, second by Berryman to adopt the Ordinance with the ommission of Item F and instruct staff that, when the necessary software is available, they come back to Council with options to add the item back in a separate Ordinance. Approved 6-1 (Eason opposed) Z Second Reading of an Ordinance of the City of Georgetown, Texas, repealing the existing Chapter 13.16 of the City of Georgetown Code of Ordinances, and adopting a new Chapter 13.16 of the Code of Ordinances relating to the drought contingency plan; establishing criteria for the initiation and termination of drought response stages; establishing restrictions on certain water uses; establishing penalties for the violation of and provisions for enforcement of these restrictions; establishing procedures for granting variances; providing a severability clause and establishing an effective date -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong described the item and read only the caption of the Ordinance on second reading. He reviewed past action on this Ordinance and said this Ordinance has the first offense being a warning and any subsequent violation being a potential fine. Motion by Brainard, second by Ross to approve the Ordinance on Second Reading. Sattler suggested, in Section 13.16.020, the City have a resource available to customers to directly provide assistance. Berryman asked and Dishong said the water conservation specialist is in the water conservation resolution. Motion to amend by Berryman, second by Sattler to approve the amendment. Oliver said he thinks this language is too strong to put it in the Ordinance and make a requirement. Ross agreed. Eason agreed with Oliver as well. Brainard said he thinks this is micromanaging through the Ordinance process. Vote on amendment: Denied 5-2 (Sansing, Ross, Oliver, Eason, Brainard opposed) Motion to amend failed. Sattler made a motion to amend Section 13.16.070 that contractors can not use a fire hydrant without City approval. Brainard asked and Dishong said the current Code says that an entitiy can not use a hydrant unless it is for fire protection. Sattler withdrew this amendment. Motion to amend by Sattler, second by Sansing that the second violation be a fine of up to $250. Denied 34 (Brainard, Ross, Oliver, Eason opposed) Motion to amend failed. Sattler said he would like to suggest that any citation be served by hand or by certified mail with a return receipt requested. He said his concern is for the people who are out of town when the watering schedule changes. Ross asked and Dishong said it would not be possible for Council to e-mail notices to people about watering schedule changes. Oliver said if it is certified mail, a person can not have the mail forwarded to a different address. Eason asked if this has been a problem in the past. Briggs said staff would go out and ask neighbors and friends to see if they have access to the watering system and adjust the controller City Council Meeting Minutes/December 8, 2009 Page 8 of 10 Pages and reduce water usage accordingly. Motion to amend by Berryman, second by Sansing to approve the amendment. Approved 6-1 (Oliver opposed) Motion to amend by Sattler, second by Berryman that a citizen who initiated a complaint must appear in court to provide witness and that a copy of the complaint must be given to the alleged violator. Oliver said and Briggs agreed that no one ever gets convicted if someone just complains and added the violation has to be proven. He said this would discourage citizens from making a complaint, even if it is valid. Sokolow said there are two different types of situations and noted this instance is when a citizen has seen the violation and not any member of staff or officer. He said, if a citizen makes a complaint and fills out an affidavit, he does need to attend the hearing because that person is the only evidence available. Oliver asked that the language being proposed is clear so there is no chilling effect on citizen involvement on trying to help the City enforce conservation rules. Sokolow read the language proposed for this amendment. Mayor said citizens should have the right to lift the phone and call the City if they see someone watering off schedule. Eason said she is going to oppose this amendment because it is not a problem and, until there is a problem, she does not think the amendment is necessary. Vote on motion to amend: Denied 3-4 (Eason, Oliver, Ross, Sansing opposed) Motion to amend failed. Sattler suggested that a customer file a variance if he or she is leaving for an extended period of time and he or she must agree to default to a two day a week watering schedule instead of three and they must also leave a contact number. Motion to amend by Sattler, second by Berryman that, if a person leaves for an extended period of time, they agree to adjust to a default watering schedule of two days a week and they must also leave a contact number with the City. Approved 5-2 (Brainard, Oliver opposed) 0=MIaSISZ* =6 AA Discussion and possible direction to staff to research and develop an Ordinance prohibiting any additional or future banks in the City of Georgetown -- Gabe Sansing, Councilmember District 2 This item was pulled by Councilmember Sansing. BB Discussion and possible direction to staff to research and develop an Ordinance prohibiting texting or phone calling when driving unless it is a hands free instrument -- Gabe Sansing, Councilmember District 2 This item was pulled by Councilmember Sansing. CC Discussion and possible direction to staff to develop a strategic sidewalk plan including criteria for ranking priority projects -- Keith Brainard, Councilmember District 3 Brainard said the City sidewalk policy is very haphazard and unclear and he thinks the City needs to have a clearer picture. Motion by Brainard, second by Ross to direct staff to develop a strategic sidewalk pian for review by the Georgetown Transportation Advisory Board (GTAB) and City Council. Brandenburg said it would cost some money to come up with a comprehensive sidewalk plan. He also asked how staff should prioritze this plan. He suggested that staff go back and research these issues. Oliver said he supports this motion as long as staff can research this issue and come back at a later date with a final, proposed plan. Briggs said a plan was developed in 2001 and it continues to have relevance today. Briggs said the difficult thing about this is funding. Polasek said staff has a plan laid out and it will be going to GTAB in January. Approved 7-0 DD Discussion and possible direction to staff regarding appellate procedures for site plans, driveway permits and sidewalk installation -- Keith Brainard, Councilmember District 3 Brainard said there are instances in the Unified Development Code (UDC) where opportunities for appeals can be made more clear. Motion by Brainard, second that staff go back and make sure the UDC identifies clear opportunities for an appeals process and then come back to Council with a revised plan and appellate procedures. Approved 64 (Oliver absent from the dais) City Council Meeting Minutes/December 8, 2009 Page 9 of 10 Pages The meeting was adjourned at 10:30 PM. Attest: q Mayor Geo ge tarver / y Secrefar(yUesVica Hamilton City Council Meeting Minutes/December 8, 2009 Page 10 of 10 Pages