HomeMy WebLinkAboutMIN 06.24.2014 CC-RNotice of a Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, June 24, 2014
Minutes
The Georgetown City Council will meet on Tuesday, June 24, 2014 at 6:00 PM at the Council Chambers at 101 E.
71h St., Georgetown, Texas
The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you
require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable
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 8`h
Street for additional information; TTY users route through Relay Texas at 711.
Motion to Adjourn Executive by Jonrowe, second by Gonzalez - 6.02 pm
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.)
A Call to Order
Pledge of Allegiance
Comments from the Mayor
- Welcome and Meeting Procedures
City Council Regional Board Reports
Eason provided the Mayor and Councilmembers with the following report from Allison M. Schulze, AICP, Lone
Star Rail District.
On behalf of Board Vice Chairman Tullos Wells, the July 11 meeting of the Executive Committee is cancelled. As
always, we are mindful of the demands on your schedules and want to make sure we use your time wisely. You
get a pass in July; but, please make sure the August 1 Executive Committee meeting is on your calendars. The
Executive Committee will meet as scheduled at 10:00 a.m. Friday, August 1, at the San Marcos Activity Center to
hear a briefing and consider a resolution of support for the Locally Preferred Alternative on the Austin urban rail
project in Central Austin.
Since we're not meeting in July, I want to let you know that staff is busy on several fronts
First and foremost, and for those who were unable to attend the June Board meeting, we executed the
Burns & McDonnell contract for environmental services on the combined passenger rail -freight rail bypass
project and issued the Notice to Proceed on June 6! As you know, this is a major milestone for
LSRD. Staff and the consultant team are working to tee up the project in anticipation of issuing the federal
Notice of Intent in 60-90 days. On June 30, Rail District staff will meet with our federal and state partners
to formally kick off the project.
Now that the Burns & Mac contract is executed, staff is working with Jacobs to re -scope their contract. We
will remove all tasks on the environmental impact statement (EIS) and only continue EIS -related tasks such
as financial planning, station area planning, ridership, and operations planning and coordination with Union
Pacific — i.e., discrete services Jacobs has been providing to the Rail District.
Staff is scheduling meetings with TXDOT senior staff and the Transportation Commission on state funding
and TERP funding.
Staff continues to work with our local jurisdictions to develop local funding agreements for annual 0&M of
the LSTAR passenger service. Staff is working with City of San Antonio staff on creating TIF districts. The
Rail District's presentation to the San Antonio Council at its B Session, originally scheduled for June 18,
has been postponed to August or September. Staff is also working with the City of San Marcos to set its
TIF participation rate at 50%, and staff is in the early stages of staff -level meetings in New Braunfels and
Schertz.
Staff continues to pursue partners for a public-private partnership for the project as a whole and for real
estate -value capture around the rail stations.
Staff submitted the Rail District's single audit for FY 2013 to the Federal Audit Clearinghouse on June
12. In accordance with our standard procedure, we will present the audit to the Finance Committee in
August, along with the proposed FY 2015 budget, and to the Board in September.
Finally, I'm delighted to announce that the WTS Heart -of -Texas Chapter honored Project Connect and the
CAMPO Transit Working Group on June 19. Our very own Board Chairman Sid Covington and Rail
Director Joe Black were singled out for their outstanding work on Project Connect and the TWG.
From Alison M. Schulze, AICP, Lone Star Rail District
City Manager Comments
- Tennis Center, River Ridge and Village Pools open July 4`n
- Airport Terminal open July 4`n
- Normal Trash Collection on July 4`n
Brandenburg announced that the Tennis Center Pool, the River Ridge Pool and the Village Pool would all be
open on the Fourth of July. He mentioned that the Airport Terminal would be open for the holiday also. He said
that there would be normal trash collection throughout the Fourth of July holiday.
Action from Executive Session
Motion by Jonrowe, second by Fought to approve a settlement with TCEQ relating to the Dove Springs
Wastewater Treatment Plant for a supplemental environmental project on terms discussed in Executive Session.
Approved 7-0
Motion by Jonrowe, second by Eason directing staff to coordinate a review and update of engineering studies for
the Inner Loop/Southwest Bypass corridor analysis and to present the findings to GTEC and GTAB for
recommendations, concerning an OTP amendment, to the City Council on or before October 14, 2014.
Approved 7-0
Public Wishing 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.
B - Mr. Ellsworth Peterson would like to thank the City Council and the Arts & Culture Advisory Board for $3,000
given to the Georgetown's Festival of the Arts to support concert in San Gabriel Park
Mr. Ellsworth expressed thanks to the City Council for the funding that the Georgetown Festival of the Arts
received from the Arts and Culture Board. He spoke briefly about the history of the Festival of the Arts and spoke
of some of their events, including the Concert in the Park event. Ellsworth presented Councilmembers with two
color brochures showing how a festival is put together and a schedule of events brochure for the Spanish Fiesta
Festival held May 29`n through June 151, 2014. Ellsworth acknowledged members of the committee who were
present.
- Mr. Chris Jolly would like to address the Council regarding the Georgetown Airport
Jolly was not present
- Mr. Dave White would like to address the Council regarding the Georgetown Airport
White addressed the Council about his concerns regarding the Georgetown Airport. He introduced himself as a
member of the Airport Concerned Citizens (ACC). He voiced concern for two issues: 1) the ACC request to
Council for a public consensus on the Federal funded airport program and 2) the request for City Council to cause
a professional services contract for a feasibility study for an alternate airport site.
Statutory 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.
C Consideration and possible action to approve the minutes from the May 20, 2014 Special Meeting, the May 28,
2014 Special Meeting and the June 10, 2014 Workshop and Regular Meeting -- Shelley Nowling, Deputy City
Secretary and Jessica Brettle, City Secretary
D Consideration and possible action to appoint the members of the Georgetown City Council to serve as voting
alternates to the Mayor on the CAMPO Transportation Policy Board — Mayor Dale Ross
E Consideration and possible action to approve an Interlocal Cooperation Agreement and related amendment
between the City of Georgetown Police Department and the Austin Regional Intelligence Center, in collaboration
with nine other public safety agencies, for law enforcement data analysis across multiple law enforcement
jurisdictions -- Chief Wayne Nero
F Consideration and possible action to approve a Resolution authorizing the City of Georgetown to participate in an
interlocal agreement with the Purchasing Association of Cooperative Entities (PACE) for the purpose of
participating in their interlocal purchasing cooperative program -- Trina Bickford, Purchasing Manager and
Micki Rundell, Chief Financial Officer
G Consideration and possible action to approve a Resolution authorizing the vacation and abandonment of
public utility easements and building lines originally established on Lots 6 and 7, Georgetown South
Phase One, a subdivision of record in Cabinet C, Slide 215, said Lots 6 and 7 and now being part of Lots 2-10,
The Final Plat of Pleasant Valley Section Two, a subdivision of record in Cabinet CC, Slide 210, Plat Records,
Williamson County, Texas — Terri Glasby Calhoun, Real Estate Services Coordinator and Wesley Wright, P.E.,
Systems Engineering Director
H Forwarded from the Georgetown Utility Systems Advisory Board (GUS):
Consideration and possible action to approve the purchase of water meters, meter registers and associated
hardware for the remainder of FY 2013-2014 and FY 2014-2015 on an "as needed" basis from Hydropo
Solutions, the sole source provider, in the estimated amount of $100,000 -- Jimmy Sikes, T&D Services Manager;
Trina Bickford, Purchasing Manager and Glenn W. Dishong, Utility Director
I Forwarded from the Georgetown Utility Systems Advisory Board (GUS):
Consideration and possible action to amend the City's electric system pole attachment rate -- Glenn W.
Dishong, Utility Director
J Forwarded from the Georgetown Utility Systems Advisory Board (GUS):
Discussion and possible action to approve the execution of Amendment #1 to the Electric Substation
Purchase Agreement between the City and LCRA in the amount of approximately < $299,079.09 > -- Jimmy
Sikes, T&D Services Manager and Glenn W. Dishong, Utility Director
K Forwarded from the General Government and Finance Advisory Board (GGAF):
Consideration and possible action to authorize the Police Department to proceed with the procurement of
video interview room equipment for the Public Safety Operations and Training Center from L3 Mobile
Vision, Inc. in the amount not to exceed $75,000.00 -- Wayne Nero, Chief of Police
L Forwarded from the General Government and Finance Advisory Board (GGAF):
Consideration and possible action to authorize the Police Department to proceed with the procurement of
fitness equipment for the Public Safety Operations and Training Center from Life Fitness in the amount not
to exceed $91,000 --Wayne Nero, Chief of Police
M Consideration and possible action to approve a Resolution acknowledging a petition and setting public
hearing dates for the Voluntary Annexation of 753.3 acres in the Perry, Thompson, Donagan, and Stubblefield
Surveys, to be known as Wolf Ranch Hillwood, generally located at West University Avenue and Wolf Ranch
Parkway -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director
N Consideration and possible action to approve a Resolution acknowledging a petition and setting public
hearing dates for the Voluntary Annexation of 406.3 acres in the Eaves Survey, to be known as Sun City,
Queens Tract, located on Highway 195 near Sun City Boulevard -- Jordan J. Maddox, AICP, Principal Planner
and Andrew Spurgin, AICP, Planning Director
O Consideration and possible action to approve a Resolution acknowledging a petition and setting public
hearing dates for the Voluntary Annexation of 768.9 acres in the Foy and Dyches Surveys, to be known as
Sun City, Somerset Hills Tract, located near CR 245 and Ronald Reagan Boulevard -- Jordan J. Maddox, AICP,
Principal Planner and Andrew Spurgin, AICP, Planning Director
Motion by Hammerlun, second by Hesser to approve the consent agenda with the exception of item C, which was
pulled to the Regular Agenda by Brainard. Approved 7-0
Legislati-ve Regular Agenda
C Consideration and possible action to approve the minutes from the May 20, 2014 Special Meeting, the May 28,
2014 Special Meeting and the June 10, 2014 Workshop and Regular Meeting -- Shelley Nowling, Deputy City
Secretary and Jessica Brettle, City Secretary
This item was moved to the Regular Agenda by Brainard.
Brainard asked that the caption for Item L from the June 10, 2014 Regular Meeting be revised to read:
Consideration and possible action to approve the kitchen renovation at the Mary Bailey Head Start Center in the
proposed 2014/15 Budget not to exceed $40,000 — Micki Rundell, Chief Financial Officer and Paul E.
Brandenburg, City Manager
Motion by Fought, second by Gonzalez to approve the revised language of Item L on the June 10, 2014 regular
meeting minutes. Approved 7-0
P Consideration and possible action to approve amendments to the Fire Step Pay Plan effective August 1, 2014
-- Tadd Phillips, Human Resource Director
Phillips said that he had addressed the General Government and Finance Advisory Board (GGAF) in late May
and had explained that there was a need for a Fire Step Plan amendment. Phillips presented a Power Point
Presentation and spreadsheet showing pay range comparisons. He explained that the amendments to not impact
the current budget year and there will not be additional budget changes. He spoke of the importance of being
able to recruit and retain talent.
Gonzalez asked if the Police Department had been reviewed. Phillips said the Police Department was in range
for compensation but the Fire Department was not. Phillips said he will be bringing market comparisons to
Council very soon. The Police Department will be reviewed again at that time.
Motion by Brainard, second by Hesser to approve amendments to the Fire Step Plan effective August 1, 2014.
Approved 7-0
Q Discussion and possible action regarding the enforcement of the Unified Development Code, Chapter 10
requirements for Temporary Real Estate and Home Builder Open House Signs -- Jerry Hammerlun,
Councilmember, District 5
The item was read by Hammerlun. He asked the Council to consider two things. The first thing to consider, he
explained, was to remove the enforcement of the UDC requirements for temporary real estate and home builder
open house signs. Hammerlun explained that a presentation had been made in March of 2011. He said there
was a need to be flexible at the time, but the Council could revise the policy now because of the improved
economic environment. Hammerlun said the second thing would be to remove the moratorium. He asked
Council to give direction to staff.
Citizens Alex Hayes and Jill Fussell signed up to speak on this item but each were absent when Mayor Ross
called them to the podium.
Motion by Hammerlun, second by Gonzalez to remove the moratorium and UDC enforcement for temporary real
estate and home builder open house signs. Approved 7-0
R Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to award a Construction Contract to Patin Construction Co. of Taylor,
Texas, for pedestrian improvements, rehabilitation of the roadway and curbs on and along 9th Street
between Austin Avenue and Main Street, in the amount of $794,947.00 -- Edward G. Polasek, AICP,
Transportation Services Director and Mark Miller, Transportation Services Manager
Wright explained that this project is for Rock Street, from Main to Austin Ave. He explained the there is a Part A
and a Part B to the project and the City currently has the funds to finish both Parts A and B.
Fought asked if this was a complete rehabilitation. Wright answered that it was. Fought asked why chipseal was
not being use. Wright explained the chipseal is a pavement presentation process. He said the downtown project
was more of a complete reahabilitation.
Jonrowe asked Wright to explain the scope of the work. Wright said to picture this area as an alley. There will be
curbs and pedestrian improvements. He said the conduit will go underground, curbs gutter sidewalks, etc. — a
complete rehab. He explained that the sidewalk will be widened on South side. These improvements are all part
of the Master Plan, Wright said.
Motion by Jonrowe, second by Hesser to award the Construction Contract. Approved 7-0
S Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to award a contract for 2014 Capital Improvements to Smith Contracting of
Austin, Texas in the amount of $679,594.00 -- Edward G. Polasek, AICP, Transportation Services Director and
Mark Miller, Transportation Services Manager
Wright spoke on the item and said that it was very similar to the previous item. He explained that the low bidder
got the project. This project will combine 6`h and 2"d street work. The electric will be set up to go underground.
Wright then read the caption.
Motion by Jonrowe, second by Hesser to award the contract. Approved 7-0
T Forwarded from the Georgetown Utility Systems Advisory Board (GUS):
Consideration and possible action to award a contract with Lewis Contractors, Inc. of Georgetown, Texas, for
the construction of Public Safety Training Facility off-site wastewater improvements in the amount of
$913,950.00 -- Wesley Wright, P.E., System Engineering Director
Wright read the caption and then joked that the Police Chief wants running water in the new Public Safety Facility.
He explained that the funds for this project are already in the Police Department and Electric Department's
budget.
Motion by Eason, second by Gonzalez to award the contract. Approved 7-0
U Forwarded from the General Government and Finance Advisory Board (GGAF):
First Reading of an Ordinance formally adopting the Fiscal and Budgetary Policy to be used in preparing the
2014/15 annual budget and to guide financial operations -- Micki Rundell, Chief Financial Officer (action
required)
Rundell read the ordinance. She explained that the General Government and Finance Advisory Board (GGAF) is
a subcommittee of the City.
Motion by Hammerlun, second by Brainard to formally adopt the fiscal and budgetary policy. Approved 7-0
V Second Reading of an Ordinance for the Rezoning of 116.45 acres from the Agriculture (AG) District to 1.51
acres of Neighborhood Commercial (CN) District, 5.09 acres of Local Commercial (C-1) District, and 109.54 acres
of Residential Single -Family (RS) District, located on Williams Drive and behind Ford Elementary School and
the Woodlake residential subdivision, adjacent to Lake Georgetown -- Mike Elabarger, Senior Planning and
Andrew Spurgin, AICP, Planning Director (action required)
Spurgin read the second reading of the ordinance for the rezoning. He explained that this ordinance was only for
the annexation of property. He said that no muds or special requirements have been requested. Spurgin went on
to say that Council had approved the annexation on June 10, 2014. He explained that the annexation is part of
the 2030 Comprehensive Plan and that the developer's plans fit the city's requirements. The property is not
located with the 100 year flood plain nor the 500 year flood plain, Spurgin said. He explained that there was
earlier confusion with maps. The color indicators on the Council District maps had distorted the flood area
because the coloring for District 3 and the flood plain area coloring were the same, making the flood plain area
look distortedly huge. Spurgin showed a table of zoning comparisons. He explained how the City would prefer
smaller lot sizes because they will prefer sewer to septic. Spurgin went on to say how the preliminary plat for the
property is far from improvement. The platting process is quite long he said and the developer would still have to
meet all of the set requirements of the City. He said that road adequacy must meet traffic requirements before a
development would be approved. A Traffic Impact Analysis will be required. Spurgin then listed several City
Developments that are similar developments to the proposed development for this property.
Spurgin read the ordinance caption again.
Many citizens signed up to speak on this item. Mayor Ross called the speakers up one at a time. Each speaker
was given three minutes. Most of the speakers voiced grave concern for the traffic safety in their neighborhood.
Flooding concerns were also mentioned. The Council was asked not to approve the rezoning of this property.
They were asked to zone the property as RL instead of RS. They want to be assured that this will be low density
property. One speaker, Don Young, called himself the spokesman for the residents of the Woodlake
neighborhood explained to Council that even though this is only annexation at this time, the people feel that if they
wait too long to voice their concerns about streets, traffic and other issues it will be too late.
Speakers signed up to speak on this item included: JD Farrow, Barbara Jones, Edwina Bell, Carolyn Pepi, Tom
Pepi, Jose Padilla, Helene Glanz, Brent Kenney, Kristina Lane, Jolene Bruce, Michelle Baran, Don Young,
Lorraine Bystamante, Margie Turner, Heather Lavelle, Charles Hepburn and John Bruce.
Mayor Ross explained that the rezoning ordinance was simply a preliminary step. He went on to say that traffic
studies and drainage issues would be addressed in the process that the City follows. He explained that safety
would be looked at many times and in many ways during the regular process of approval.
Brian Birdwell, a developer for the proposed development, said that he is equally concerned about safety and all
of the issues that were proposed. He said that he is requesting RS Zoning because that is what works best for
the project. Birdwell went on to say that the project would be an asset to the City. He said that the project would
adjust to all City requirements as the process goes along. He said he wanted to assure the citizen speakers that
all of the concerns would be addressed during the planning process.
Eason asked Spurgin to explain the difference of RL and RS zoning. She asked if there were options and if those
options could be discussed at the Planning and Zoning Commission.
Spurgin went on to explain the zoning. He said that the applicant requested RS Zoning but the low density zoning
for the property and the 2030 Plan would support RS, RL or RE. He went on to say that many things must be
considered when zoning, including the City tree requirements, salamanders, etc. The difference lies in the size of
the lots. The City prefers smaller lots because they prefer sewer to septic. Spurgin said that the applicant is not
opposed to RL zoning.
Gonzalez spoke about the confusion of what is meant to happen tonight. He explained that even with a Rezoning
Approval, the City would still require the developer to meet all other requirements. The development may or may
not happen still, he said. The developer must follow the city policy as the process is set up, he explained.
Gonzalez said it would be unfair to ask the applicant to invest more money in the project before he even knows it
is annexed and zoned properly.
Jonrowe thanked Spurgin for his extensive work and research. She asked Spurgin fi the developer could request
variances if the rezoning was approved. Spurgin explained that the UDC has very few variances. He said a
Traffic Impact Analysis is done by the developer and another would be done by the City. Any impass on
mitigation would come back to the Council. When asked, Spurgin said that speed limits on Woodlake and
Wildwood were both 30 mph. Jonrowe then asked about land use plans for the area. Spurgin said that the
original plan is for low density and RS, RE and RL Zoning are all low density.
Hammerlun asked how the process proceeded after zoning was approved. Spurgin explained that the preliminary
plat is under review. He said that the process is not even close to approval and still needs studies on utilities,
drainage, park space, trees and water, for example. Spurgin explained a 3 unit phasing plan of Planning
Commission approval, Infrastructure and then bonded. The applicant would then start the building permitting
process. Hammerlun asked if this was similar analysis to the Georgetown Village PID and Berry Creek. Spurgin
said that analysis is essentially a staff review. Hammerlun mentioned the people in the Georgetown Village PID
were able to monitor the TIA development and had an impact on a new traffic signal.
Fought shared his belief that one must say what you are going to do you say- no surprises and a gotcha at the
end. He voiced the importance of transparency in government. Fought said that we must follow the city policy
and process. He told the citizens that their concerns are legitimate and that those concerns will be addressed in
the process established.
Hesser said that he will vote yes for the rezoning. He told the citizens that this item was postponed at the last City
Council meeting because the Council wanted to further understand the concerns and issues. He thanked Spurgin
for his homework and thanked Birdwell. Hesser went on to explain that this is a traffic issue, not a zoning issue.
He said that is in the limits of an RS development. The process will provide for the scrutiny and safety, he said.
Hesser said that Birdwell has agreed to build the project in two sections and will not begin building section 2 until
the street build out is in.
Brainard asked Spurgin about the TIA safety concerns. Spurgin explained that a Traffic Impact Analysis will be
required. He said that traffic safety will be studied. Spurgin explained that the UDC required a mitigation plan.
The plat would be denied if it does not fit. He then said that a delay can be required until improvements are in
place. This can limit the traffic impact, he explained. Spurgin said that the City retains a consultant and that the
completion of the plat would not be done if the TIA does not fit.
Ross thanked the speakers and said that council has heard them loud and clear.
Motion by Gonzalez, second by Fought to approve the zoning. Approved 6-1 (Eason opposed)
Ross called a three minute break at 7:37 PM.
Meeting resumed at 7:40 PM.
W Second Reading of an Ordinance amending Chapter 8.04 "Fire Prevention Code" to provide for the adoption
of the 2012 International Fire Code and corresponding local amendments — Clay Shell, Assistant Fire Chief
(action required)
Assistant Fire Chief Shell read the ordinance caption for adoption of the Fire Code and local amendments.
Dave Heckert spoke for 6 minutes on this item, taking 3 minutes for Tom Salmon. John Marler signed up to
speak on this item as well, but told Mayor Ross that he would prefer to speak on Item X.
Heckert commented about Items W, X and Y. He said that he was angered that he needed to be there. Heckert
said he never thought he would have to defend the right to possess illegally sold items, especially in Texas. He
said that the amendments for Fire Code, Fireworks and Fire Dept. are unconstitutional and infringe on citizens'
rights. He does not want lawful conduct monitored by government. He said that it violates the fourth and fifth
amendments. He voiced concerns about the authority of a Fire Marshall. Citizens should be able to purchase
and store illegal fireworks Heckert said. Home owners have a right that would be violated by these Codes.
Freedom would be infringed. He said these Ordinances would stifle freedom. Government would be intolerable.
Bill Kelberlau spoke next on this item. He said the purpose of an ordinance is to provide for the safety of the
citizens. He said that responsible behavior should be the focus. Kelberlau acknowledged the need to do what is
intelligent and makes comment sense. He said the actual definition of fireworks and other devices needs to be
examined. They exist in everyone's home, Kelberlau said. He asked the Council to consider what the real goal in
safety is. He asked if the goal would be best possible services. He said that the City should deal with unsafe
people causing problems, but do not punish the citizens as a whole. He acknowledged the need for enough in
ordinance to deter behavior. The ordinance should only punish criminals and keep others safe. Kelberlau
explained that making criminals of citizens is the wrong way to go. He asked the Council not to criminalize law
abiding citizens. He suggested more citizen input on these types of ordinances.
Hesser asked Shell to describe the purpose of the ordinance. Shell said that the City is currently using the 2003
International Fire Code and will be updating to the 2012 International Fire Code. He explained that this is the
standard code, a regulating code, used across the nation. Shell said this process has been followed since the
early 1990's. The international code is what we adopt for our building codes as well as fire codes. He said that a
standard code is required. It would not be legal to have our own. Hammerlun said we are actually behind some
other municipalities in specifics.
Discussion followed on this topic.
Motion by Jonrowe, second by Hesser to approve the Fire Prevention Code. Approved 7-0
X Second Reading of an Ordinance amending Chapter 8.08 "Fireworks" relating to regulation of fireworks within
the City limits and extending for a distance outside the City limits for a total of 5,000 feet — Clay Shell, Assistant
Fire Chief (action required)
Assistant Fire Chief Shell read the ordinance caption.
Citizens John Marler, Tom Salmon, Ronda McCauley, David Schumacher, Brenda Dell, Rick Lutowski and Dave
Heckert signed up to speak on this items.
Speaker Marler asked why we need to have change. He explained the law of unintended consequences. Citizen
speakers voiced objection to a Fire Marshall having the authority to enter homes. They said that this was too
much power and violated the constitution. The speakers voiced concern about suspected fireworks, definitions of
suspected and definitions of fireworks. They voiced the need for more specific definitions in the Ordinance. The
citizen speakers expressed concern about government's role and what it could lead to. Some expressed concern
for their constitutional rights. They are concerned about warrantless searches. They asked that this be submitted
to a citizen review. Mr. Lutowski gave a quote from John Adams saying "Those who give up liberty for a little
safety shall have neither"
Gonzalez asked Shell if it was legal to possess fireworks. Shell said that it is not. Shell explained that this has
been the law in Georgetown for 28 years. Discussion followed regarding the confiscation of fireworks and storing
and transporting fireworks. Shell said the Fire Department's intent is education in these matters. He said
perhaps some language educating people that a Fire Marshall is a law enforcement officer.
Chapman was asked to explain the legality of some of the items in this discussion.
Gonzalez asked if a citizen could have open fireworks in a garage. Chapman explained that open packaging was
illegal but law enforcement could not approach without probable cause and the same would be the case for
transporting fireworks. Discussion followed at length.
Gonzalez said that he would not support the Ordinance.
Brainard asked Shell to read the law. Brainard read it. Brainard said it is a complete blanket prohibition of
fireworks. He asked if it is correct that this is what we are voting for. Shell said the only thing changing is the
confiscation of fireworks according to state law. Discussion followed. Brainard said holding a sparkler is against
the law — a violation.
Eason reiterated that there must be probable cause. It must be complaint driven. She said that there are definite
fire possibilities. She explained that it has happened in Old Town. She reminded Council that firefighters cannot
do anything without probable cause. She said that she supports the ordinance.
Fought said that he is comfortable with an ordinance that says you cannot set off fireworks "without a license". He
told of a birthday celebration where the restaurant put 3 lit sparklers on his birthday cake. He knows that he was
an accomplice to a felony sparkling. He agrees that you cannot outlaw everything that is dangerous. He
suggests that people need to be responsible for themselves. He spoke of a fifteen year old with a sparkler having
a misdemeanor record. He said this must be thought about more. He said this is going too far. He suggests this
go back for legal review.
Jonrowe asked Shell about special permits to set off fireworks. Shell explained that this if for professional
fireworks companies only. They must meet the insurance requirements and state requirements. Jonrowe said it
is our responsibility to change the expectation of protecting children. She said if sparklers were called third
degree burn -makers people would take it more seriously. She suggested moving forward with this.
Motion by Jonrowe, second by Gonzalez to approve the Ordinance.
Motion by Gonzalez, second by Jonrowe to amend the ordinance to allow citizens to own, possess, store and
transport fireworks, open or unopened in the City of Georgetown.
Hesser had objection to the 5,000 feet requirement.
Motion by Hesser, second by Gonzalez, to amend the Ordinance to strike the 5,000 ft. requirement. Discussion
followed regarding this not being possible.
Hesser retracted his motion to amend.
Vote on the amendment: Approved 7-0
Vote on original motion as amended: Approved 7-0
Y Second Reading of an Ordinance amending Chapter 2.28 "Fire Department" to reflect recent organization
changes and other updates — Clay Shell, Assistant Fire Chief (action required)
Shell read the caption.
Citizen signing up to speak on this item include Bill Kelberlau, Dave Heckert, Tom Salmon, Terry Putnam and
John Marler.
The citizens voiced concern of increasing the City staff. Their concerns include the long term cost of a Fire
Marshall. They voiced concern for the cost of salary and benefits, back-up personnel and investigative training
and materials. They asked the Council to consider the cost now, the 10 year cost and the 20 year cost. They
also voice concern again for the authority of a Fire Marshall. They asked that warrant language be included in the
ordinance.
Shell said the Fire Department is only alerted by complaint driven incidences. He said the Fire Marshall could
then issue a citation. Shell explained that citations are very rare. In all of his years with the City, there has only
been one home that they were alerted to by probable cause. He said this home had cases and cases of
dangerous fireworks in the garage, which was a safety hazard for others in the neighborhood. He explained that
this individual worked with the City and was never even cited.
Brainard explained that even if no one was taking advantage of the laws available today, they could perhaps 20
years from now and misuse it. Brainard asked Shell about the Fire Marshal Fee Schedule. Shell said that it had
been passed in 2001. He explained that insurance is billed for some type of calls, never for residential, but mainly
for corporations. Shell said that if someone was burning illegally they can be charged. Insurance companies pay
the fees and the revenue is used to replace outdated equipment, etc. Shell explained that the Tanker Spill in Sun
city would be an example to a corporation receiving a fee for misuse. Brainard said that as a matter of principal,
he could not support an individual, not accountable to the citizens or to council, being able to set fees. Shell said
that the fee issue was going to the General Government and Finance Advisory Board tomorrow for a possible
contract with a billing company and that company follows a standard of reasonable fees.
Motion by Jonrowe, second by Fought to approve.
Motion by Brainard, second by Gonzalez to amend the ordinance to not allow the Chief to set fees without the
approval of City Council.
Vote on amendment: Approved 7-0
Vote on original motion as amended: Approved 7-0
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.
Z 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
- Forwarded from the Georgetown Utility Systems Advisory Board (GUS):
Consideration and possible action to approve a settlement with TCEQ relating to the Dove Springs Waste Water Treatment
Plant -- Glenn W. Dishong, Utility Director
- Inner Loop/Southwest Bypass Transportation
- Dunlap
-CTSUD
- Hillwood Development
Sec 551.074: Personnel Matters
- City Manager Goals
Motion to adjourn by Jonrowe, second by Gonzalez to adjourn the meeting. Adjourned at 8:35 PM
Adjournment at 8:35 PM
Certificate of Posting
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting
was posted at City Hall, 113 E. 8`h Street, a place readily accessible to the general public at all times, on the
day of , 2014, at , and remained so posted for at least 72 hours preceding the scheduled
time of said meeting.
Jessica Brettle, City Secretary
Dale oss, Mayor
Attt City Secretary