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HomeMy WebLinkAboutMIN 11.09.2010 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Patty Eason, Gabe Sansing, Danny Meigs, Bill Pat Berryman Sattler, Dale Ross, Tommy Gonzalez Staff Present: Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Brettle, City Secretary; Jim Briggs, Assistant City Manager; Micki Rundell, Chief Financial Officer; Elizabeth Cook, Community Development Director; Edward G. Polasek, Transportation Services Director; Terri Calhoun, Real Estate Services Coordinator; Thomas R. Benz, Systems Engineering Manager; Terry Jones, Support Services Construction Manager; Jordan J. Maddox, AICP, Interim Principal Planner; Laurie Brewer, Assistant Director of Finance; Glenn Dishong, Utility Director; Tamera Baird, Chief Plans Examiner; Kathy Ragsdale, Utility Office Manager; Bridget Chapman, Assistant City Attorney; Regular Session - To begin no earlier than 6:11 P (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.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Manager Comments The City of Georgetown is now accepting applications for vacant or expiring terms on its Boards & Commissions. Information and applications can be obtained on the City's Website at www.georgetown.org or at City Hall which is located at 113 E. $fh Street. The Deadline for filing applications is January 14, 2011. The Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City by the Government Finance Officers Association of the United States and Canada for its 2009 Comprehensive Annual Financial Report. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The City has achieved this award for each of the last twenty two years. Action from Executive Session Motion by Ross, second by Sansing to approve the representation agreement with Ercel Brashear for a west side transportation service facility. Approved 6-0 (Berryman absent) City Council Meeting Minutes/ Page 1 of 10 Pages mwmmII 1 111111 .Pill III 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 - Shelley Holmes regarding share the road signs Kathy Bohanan, on behalf of Ms. Holmes, asked that Council erect signs on the road to bring awareness of motorcycle safety to the community. She said the motorcycle community works to bring motorcycle safety awareness to communities by requesting proclamations from both counties and cities in the area. She noted this does not seem to be enough and added deaths and injuries related to motorcycle accidents continue to rise. She said Senate Bill 1967 is a new bill that will raise the penalty for failure to yield the right of way and bikers will be required to take a mandatory training course. She said it is everyone's responsibility to become aware of motorcyclists. She said cities in Texas can help by erecting Share the Road signs at major entrances and exits in the City or at any other recommended locations. She said the signs are made to Texas Department of Transportation standards and can go on any roads by state highways. Mayor asked about the possibility of implementing these signs and Brandenburg said the first step is to meet with City staff about asking where they may be able to be placed in the City. He said it would be good to meet with Mark Miller to initiate primary discussions. - Charles Aguillon, on behalf of the Georgetown Symphony Society, regarding a grant they received from the Arts and Culture Board Aguillon said he is there as President of the Georgetown Symphony Society. He briefly spoke about the economic impact that the arts grants and the arts organizations bring to the City. He described how the Symphony Society spent the grant money they received. He said an average concert costs $18,000 to produce just for talent alone. He said they continue to provide the programs to children and added he can not speak highly enough of the artistic quality of the groups that come to Georgetown. He spoke about how the grant money that was received was well used. - Keith Peshak regarding the non -directional beacon at the Georgetown airport Peshak said the airport near the City was built around World War II and added, soon after it was built, it was annexed to the City of Georgetown. He said that is problematic because houses were built around the airport and houses and airports are not compatible with one another. Peshak said a couple of past Councilmembers helped by bringing in jets to the Georgetown airport and transatlantic type performance aircraft. He spoke about how the FAA said that the City can fly these planes 414 feet off the ground while it is foggy. He said there are various different types of approach aides that one can use to try and find the airport. He said one of these is a non -directional beacon, which Georgetown uses. He said it costs about 100 watts of electricity to operate and added the airport board wants to shut it down. He said there are no other approach aides in good condition nearby. He said the current radar does not work below 1,600 feet. He said the board recommends the City uses GPS instead of the beacon. He spoke about the condition of the current GPS satellites and spoke about how they are in pretty sad shape. He concluded and said the City should not shut down the only approach aid that works in the City. Brandenburg said the City has contacted Fort Hood and added Ft Hood has requested that the NDB not be turned off. He said, as of right now, it has not been turned off. He said the issue will be going back to the Airport Board for them to reconsider their decision and keep the NDB on. 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 Workshop and Regular Council Meeting held on Tuesday, October 26, 2010 -- Jessica Brettle, City Secretary D Consideration and possible action to approve Task Order KAI-10-003 with Klotz Associates, Inc. in the City Council Meeting Minutes/ Page 2 of 10 Pages amount of $46,432 for Phase 11 of the Overall Transportation Plan Update -- Edward G. Polasek, AICP, Transportation Services Director E Consideration and possible action to approve a Resolution authorizing the vacation and abandonment of a portion of a Public Utility Easement over Lot 3, Bouffard Subdivision, a subdivision of record in Cabinet P, Slides 395, Plat Records of Williamson County, Texas; and authorizing the Mayor to execute a quitclaim deed and any other documentation necessary to effectuate such vacation and abandonment; and establishing an effective date -- Terri Glasby Calhoun, Real Estate Services Coordinator and Thomas R. Benz, P.E., Systems Engineering Director F Consideration and possible action to approve the architectural fees for the programming of Fire Station 5 to BRW Architects in the amount of $14,860.00 -- Terry Jones, Support Service Construction Manager and Micki Rundell, Chief Financial Officer G Consideration and possible action regarding Williamson -Burnet County Opportunities, Inc. (WBCO) request for a waiver of the fees associated with the Expansion of the Madella Hilliard Neighborhood Center at 803 W. 8th Street -- Terry Jones, Support Services and Construction Manager and Paul E. Brandenburg, City Manager H Considerationa nd possible action on a Preliminary Plat for 234.70 acres in the Walters Survey, to be known as Madison at Georgetown, Section One, located at Highway 195, north of Sun City -- Jordan J. Maddox, AICP, Interim Principal Planner and Elizabeth A. Cook, Community Development Director Consideration and possible action to approve a Resolution granting a petition and setting public hearing dates for the voluntary annexation into the City of 60.24 acres out of the Isaac Jones Survey, located at 4887 Williams Drive near the intersection of Sedro Trail -- Jordan J. Maddox, AICP, Interim Principal Planner and Elizabeth A. Cook, Community Development Director J Consideration and possible action to appoint Linda McCalla and Ki Browning to the Main Street Advisory Board to fill vacancies due to resignations on that Board -- Mayor George Garver K Consideration and possible action to appoint Rebecca Krause to the Building Standards Commission to fill a vacancy -- Mayor George Garver Motion by Sansing, second by Gonzalez to approve the consent agenda in its entirety. Approved 6-0 (Berryman absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: L Consideration and possible action to approve a Resolution of the City Council of the City of Georgetown, Texas approving the Application for Housing Tax Credits and for HOME Funds by the Housing Authority, The Texas Housing Foundation and/or the Affiliated Entity THF Gateway Northwest, L.P. for the development to be named Gateway Northwest Apartments located at the intersection of Northwest Boulevard and Washam Drive -- Paul E. Brandenburg, City Manager Brandenburg described this item and reviewed the action that has been taken in the past on this subject. He said the City has approved similar resolutions and added this will allow the Housing Foundation to go to the State and apply for funding. Motion be Meigs, second by Sansing to approve the Resolution. Sattler said, in the fourth whereas, there is no definition of "development owner." Sokolow said, right now, the Housing Authority owns the property but is in the process of working out an agreement with the Texas Housing Foundation. He added this Resolution will allow the Foundation to move forward in their process of trying to get tax credits and HOME funds for the project. Sattler said he thought they were dealing with the Housing Foundation, but he added he sees the Housing Authority in the Resolution. Eason spoke about seeing the definition for development owner in the Resolution as the Housing Authority or their assignee. Sattler also referred to page two of the resolution, section 2 and the section speaking about no general revenue funds coming from the City. He added he would like to strike the terms "general revenue funds." He said it would then say'this Resolution shall not obligate any monetary commitment from the City of Georgetown and the City shall City Council Meeting Minutes/ Page 3 of 10 Pages not be liable for any expenditure on this project. Sansing asked and Sattler reviewed his requested changes to the Resolution. Motion by Sattler, second by Sansing to make two friendly amendments to add the word "Georgetown" in front of "Housing Authority" in the definition of development/owner and to also strike the terms "general revenue funds" from page two, section two of the resolution. Approved 6-0 (Berryman absent) Nikki Brennan, Executive Director of the Housing Authority, said they should have the development owner as "Texas Housing Foundation" and not the Housing Authority. Sattler confirmed and said he was wanting clarification on that issue. He said they will need to amend the motion to change the development owner to the Housing Foundation. Sokolow said, as it stands now, the owner of the property is the Georgetown Housing Authority. He added it placed the wording "and its assignee" to allow for the Housing Foundation to apply for funds. He said he does not want to change too many words to prevent the Housing Foundation to apply for credits. Mayor asked and Mayfield said the Texas Housing Foundation will be the entity who will be making the application to the state. He said they have not consummated the deal with the Housing Authority, but they intend to do so. Mayor asked and Mayfield said it should actually state "Texas Housing Foundation" for the development owner. There was much discussion regarding whether the development owner should be labeled the Georgetown Housing Authority or the Texas Housing Foundation. Brandenburg said he recommends that they keep it the way it is currently presented with the Housing Authority as the development/owner because the original Resolution has wording available to address the issue of ownership at a future date. Sokolow said, on the second page of the Resolution, it authorizes the Housing Authority, Texas Housing Foundation or the THF Gateway Northwest L.P. to move forward in the application process. Mayfield said the generic terms that are currently in the resolution would suffice. Sansing noted the document does not specifically mention the word Georgetown. Gonzalez asked and Mayfield confirmed the addition of the term "Georgetown" will cause problems in their application process as the Texas Housing Foundation is a totally independent body from the City. Sansing suggested that Council just remove the term "Housing Authority" completely. Sattler agreed and Mayfield confirmed that would work. Motion by Sattler, second by Gonzalez that the term Housing Authority be stricken in the definition of development owner and that the terms general revenue funds being stricken from Section Two. Approved 6-0 Mayfield complimented the Council on their work. To approve final document. Approved 6-0 (Berryman absent) M Consideration and possible action regarding a request to close Austin Avenue on Saturday, November 20th, 2010 and waive all associated fees and costs for conducting Square activities on that day -- Paul E. Brandenburg. City Manager Brandenburg spoke about the history of this item and how there is a group of individuals who would like to close down Austin Avenue for one event per month. He said the group is looking to do a fundraising event for a company from Ft. Hood on November 20th and they would like to close Austin Avenue on that date. He spoke about some of the events that will be occurring at the same time. He said they have said between 300-500 are estimated to attend this event. He said, previously , Council has approved having an event that would close Austin Avenue once a month. He said the group is also in the process of filling out their event permit, which goes through City staff. Gonzalez said one of his concerns with the event is there is a lot of organizations that want to have events downtown and it is not fair to fund one organization and not others. He said he believes everyone is paying their way for the events and added he wants to be fair to everyone. He said he does not think picking and choosing who does or does not receive funding from the City is fair to the organizations who need this. He said they don't have an infinite budget to do this and he brought up the possibility of also doing this along other streets near the square. He noted these events do not bring in enough people to justify the closing of Austin Avenue. Eason asked what it would cost to close 7th street between Austin and Rock Street. She wondered if there is always a cost involved. Brandenburg said closing Austin Avenue is unique in that the City has to have police to redirect traffic, which is an additional cost. He added the police staff would not be needed to close down 7th Street. Eason asked and Brandenburg confirmed there is plenty of vacant parking lots that the organization could use for their event. Eason said she will not support having this activity on Austin Avenue and added that that has been her position since the beginning. She added it has proven to be harmful to other businesses in the area. She said, putting it on a side street would be better and it gives people the ability to access Austin Avenue and City Council Meeting Minutes/ Page 4 of 10 Pages to park along Austin Avenue. She said it is an issue related to an inconsistency in policy that needs to be dealt with in terms of who gets the attention and who doesn't. She added, as long as they are charging somebody, they need to charge everybody and treat everyone equally. She said the group has to look at working with all businesses and not just a certain few on the square, not to mention the neighbors close by. Motion by Sattler, second by Ross to approve the request as proposed. Speaker, Karen Truxillo, said the City has closed down Austin Avenue in the past for the Poppy Fest and other events. She said 7th, 8th and Main have been closed off a lot, especially for market days. She spoke about costs and added there are several non-profit events that are considered City -sponsored events and have their fees waived. She said the idea is to have a entertainment district downtown and have feet on the street. She noted this makes downtown merchants happy. She said they went and spoke to everyone on the square and added they were very much in favor of this. She said she is asking that Council approve this so they can do this fundraiser and help the company at Ft. Hood.. Ross said he thinks, going forward, the City needs a tighter definition of what an event is. He said, when he thinks of an event, he thinks of the Red Poppy Fest, Up the Chisholm Trail or the Airfest. He said he is not sure if 300-400 people is the right attendance threshold for closing down Austin Avenue. He said he thinks the event needs to be extraordinary to justify closing down Austin Avenue. He said he will support this tonight, but going forward, closing down Austin Avenue will require a really big event. Sansing said he will not be supporting this and noted it does not mean he does not support our troops. He said he believes the City should be offering some of the City parking lots instead. He added there are plenty of other places to hold this type of event without closing down Austin Avenue. Motion by Eason, second by Gonzalez to amend that this event be held on 7th street between Austin Avenue and Rock Street. Ross asked and Truxillo said she does not know how many people they will have at the event. Truxillo said it is going to be held on a Saturday and Bank of America may not like 7th being shut down either. Ross asked and Truxillo said they had people who went around to each and every store but they have not contacted anyone at Bank of America. Truxillo said she does not think that having the event on 7th is a good idea. Ross asked and Truxillo said they could hold it on Main and 8th. Eason said she would be more than willing to go with any other suggestions. She noted she would like to do anything but Austin Avenue. Gonzalez said this issue should not be about whether or not someone supports our troops. Speaker, Larry Epp, said he did not come here with any prepared comments. He spoke about the initial intention of the Georgetown Overlay Alliance and added they would like to integrate all four sides of the square. He said they are coming before Council with the same request because it worked so great the last time for the biker event. He noted they are back with the same request for support of the troops. There were many suggestions for which other streets could be closed for this event. Ross asked and Brandenburg said the group's intent is to allow for people to walk across Austin Avenue and have a four sided walkable square. He added the group would prefer to have the event on the west side of the square. Brandenburg noted staff actually has the prerogative to close down any other streets than Austin Avenue. Sattler went back to his original motion and said he does not know why people are trying to change this and do the work for the group. Eason said she would have to disagree and said they are dealing with Austin Avenue and added she has heard nothing but complaints from people downtown with the result of the closure of Austin Avenue. She noted people have been intimidated to bring up their concerns because this event has been tied to the support of our troops. She said this is an issue of safety and access for people in the downtown area. Eason withdrew her motion to amend and said Council should deny this request and have the downtown group work with staff to determine other streets for them to use for their event. Sansing asked and Brandenburg said they are wanting to close the West side of the square so that people can walk around freely in the downtown area. Vote on original motion: Failed 24 (Eason, Gonzalez, Sansing and Meigs opposed) (Berryman absent) Mayor asked and Brandenburg confirmed the group can work with staff to close any of the other streets for the event. Sattler said the option to close any of the other streets is really now up to the people holding the event. N Discussion and possible action regarding approval of a Lease Agreement between the City of Georgetown and Boy Scout Troop #155 and St. John's United Methodist Church for use of the Boy Scout Hut in San Gabriel Park -- Paul E. Brandenburg, City Manager City Council Meeting Minutes/ Page 5 of 10 Pages Brandenburg said they have a longstanding agreement and history with leasing out the Boy Scout Hut. He said there is an attached lease. He said it is a two year agreement that is renewed every two years. He said the current rate would be $200 for the term of the lease. He said they have asked for the fee to be waived. He said, if the City is to waive the fee, the troop would do two service projects per year to beautify the park. Sansing asked and Brandenburg said the previous rate. Motion by Ross, second by Sansing to approve the lease agreement. Ross withdrew his motion. Motion by Ross, second by Gonzalez to approve the agreement with the lease being $1 per year in addition do at least one service project per year. Approved 6-0 (Berryman absent) O Consideration and possible action to approve a Resolution regarding the budget amendments for the Georgetown Economic Development Corporation (GEDCO) for $50,000 for the Texas Life Science Collaboration Center (TLCC) and $80,000 for marketing programs -- Laurie Brewer, Assistant Director of Finance and Micki Rundell, Chief Financial Officer Brewer said, on November 1, 2010, GEDCO met and considered two items that would require a budget amendment. She said, according to the Board's bylaws, any GEDCO budget amendments must be ratified by the City Council. She described those amendments and said the first portion is an $80,000 allocation towards marketing programs. She said the budget amendment would also be for a financial agreement with the Texas Life Sciences Collaboration Center which have the City provide TLCC with $50,000 a year for three years. Motion by Ross, second by Gonzalez to approve the Resolution. Sattler asked and Thomas said Council voted to initiate funding for TLCC. He said TLCC has become almost self sustaining, but they are not quite there yet. He said this would be for a three year period with the intention that TLCC will be completely self funding by the end of those three years. Brandenburg asked and Thomas described TLCC's other sources of funding and grants. Sattler asked and Thomas confirmed the City's general fund will not be going toward this payment. Sansing asked and Thomas clarified this is a $50,000 payment per year for three years. Sattler asked and Thomas said 10% of a 4A or a 4B Board could be used for marketing and promotions. Sattler asked and Brewer said, traditionally, the GEDCO Board has allocated the entire amount of their budget in projects. She added this would just move that $50,000 in a separate budget line item for marketing and promotion. Sansing asked and Brandeburg said the separate amounts in this item are for two different things. Approved 6-0 (Berryman absent) P Consideration and possible action to approve a Resolution authorizing the intervention at the Railroad Commission of Texas concerning the filing for an increase of rates by ATMOS Pipeline- Texas -- Jim Briggs, Assistant City Manager Briggs read the caption of the Resolution. He said ATMOS Pipeline -Texas is separate from ATMOS Energy Corporation's Mid -Tex Division. He said ATMOS Pipeline filed a request at the Railroad Commission on September 17th to increase wholesale rates by approximately $38.9 million for its City -Gate Service and Pipeline Transportation Service costs. He said these rates will then be passed on to the Mid -Tex Division's retail customers, which would be gas customers such as those within the City of Georgetown. He said the application to raise rates brings up many issues including those outlined in the documents provided to Council. He described the law firm that was hired to handle this issue. He said staff recommends Council approve the Resolution allowing intervention at the Commission. Mayor asked and Briggs said Georgetown is in collaboration with the ATMOS/ATM-Cities who will also be taking up this issue. Motion by Sattler, second by Ross to approve the Resolution. Approved 6-0 (Berryman absent) O Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action concerning a proposed Real Estate Purchase Contract with the Emma L. Lawhon Family Land Partnership in the amount of $607,937.00, plus closing costs, for the purchase of street right-of-way and easements in connection with the Southeast Arterial One Road Project and associated CR 104 Extension Project -- Terri Glasby Calhoun, Real Estate Services Coordinator and Thomas R. Benz, P.E., Systems Engineering Director Calhoun said Council is familiar with the land negotiations for the acquisition of right of way for the Southeast Arterial One project. She said this concerns a proposed purchase contract with the Emma L. Lawhon Family Partnership. She said this was approved by GTEC and recommended for approval by the Council. City Council Meeting Minutes/ Page 6 of 10 Pages Motion by Eason, second by Ross to approve the contract. Approved 6-0 (Berryman absent) R Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action for a resolution and contract amendment with the Brazos River Authority (BRA) related to the Lake Stillhouse Pump Station Expansion of the Williamson County Regional Raw Water Line at a cost not to exceed $2,540,040.00 -- Glenn W. Dishong, Utility Director Dishong described the item and said this amendment provides for the City's payment for its portion of the project. He said the project is for $6.1 million total and the City's portion is outlined in this item. He said there was a change in the formatting at the last minute and the new version of the document has been provided to the Council. He read the caption of the resolution. Motion by Eason, second by Sattler to approve the resolution and amendment. Mayor asked and Dishong said this covers the addition of two pump and some remediation of the intake structure. Sansing said this will allow for much more pumping capacity and will help the City in times of drought. S Public Hearing on the annexation into the city limits of twenty tracts of land totaling 5,495.81 acres, more or less, out of the Thompson, Powell and Evans Surreys, designated as 2010 Area SWI located in the southwest quadrant of the City's ETJ adjacent to Leander Road and IH 35-- Jordan J. Maddox, AICP, Interim Principal Planner and Elizabeth A. Cook, Community Development Director Maddox said, on October 12th, the Council approved the resolution setting the public hearing date for two tracts of land. He described where this piece of land is located. He said this will satisfy one of the requirements for two public hearings. Mayor asked and Maddox said this item does not require a motion. Public Hearing was opened at 7:38 PM No persons were present to speak. Public Hearing was closed at 7:38 PM T Public Hearing on the annexation into the city limits of two tracts of land totaling 450.71 acres, more or less, out of the Thompson and Donagan Surveys, designated at 2010 Area SW2, located in the southwest quadrant of the City's ETJ adjacent to Leander Road and IH 35 -- Jordan J. Maddox, AICP, Principal Planner and Elizabeth A. Cook, Community Development Director Maddox described the item and said this is for the other area and said it is in the same general vicinity of the City as the prior item. He said this satisfies the State requirement for the first of two public hearings and does not require action. Public Hearing was opened at 7:39 PM No persons were present to speak. Public Hearing was closed at 7:39 PM U Public Hearing on the voluntary annexation into the City of 60.24 acres out of the Isaac Jones Survey, located at 4887 Williams Drive near the intersection of Sedro Trail -- Jordan J. Maddox, AICP, Interim Principal Planner and Elizabeth A. Cook, Community Development Director Maddox said this is public hearing for a voluntary annexation of property that will be known as Gatlan Creek. He said there was property annexed in April and this is the remainder of that same tract of land. He noted there is a potential development application that will be forthcoming and the applicant has indicated they would like to hold the Ordinance on this until the application is complete. Public Hearing was opened at 7:40 PM No persons were present to speak. City Council Meeting Minutes/ Page 7 of 10 Pages Public Hearing was closed at 7:40 PM V Public Hearing and First Reading of an Ordinance amending the Unified Development Code (UDC) adding new Section 10.07.040 "Temporary Off -Premise Signs for Open Houses and Model Homes", amending Section 16.02 "Definitions"; and amending the Code of Ordinances Section 15.04.045 "Development Processing Fees" associated with Temporary Signs -- Elizabeth A. Cook, Community Development Director and Tamera Baird, Chief Planners Examiner Cook described the item and said this is a public hearing on a proposed UDC amendment. She said the Council has had other meetings and discussions on this item in the past. She noted in August, staff presented a proposal to allow for off -premise signs for realtors, open houses and builder model homes. She said this is the UDC amendment that would allow that to go forward. She said the amendment will also allow for temporary off premise signs for open houses and model homes for use by people acting as their own realtor. She spoke about the limitations to these changes as well. She said this went to the Planning and Zoning Commission and they have recommended approval with a unanimous vote. She said there is a fee structure proposed in the Ordinance and added the fee would be an annual cost of $25 to include one sign and $5 for each additional sign. She said, if the City has to remove signs that are placed illegally, there are fees included to address that issue. Cook read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:44 PM Speaker, Renee Hanson, complimented staff on a very comprehensive and well written ordinance. She said the only concern of the people living downtown is regarding Austin Avenue. She noted Austin Avenue from Leander Road to Williams Drive has been taken over by the City. She said, therefore, it is a City right-of-way. She said, as written without amendments, signage would be allowed on Austin Avenue between Leander and Williams. She said they are concerned because this would go through two historic districts and added it would be nice to not have the clutter of signage along Austin Avenue. She said she has also been told that this a major gateway and it is often used as a selling point for businesses and prospective homeowners. She said planning and zoning presented an amendment to exempt Austin Avenue from the sign rules and she asked that Council pass that amendment along with the Ordinance. Mayor asked and Cook said the Ordinance in front of Council includes the amendment mentioned by Hanson. Cook read the section of the proposed amendment that Hanson referenced. Brandenburg asked and Cook agreed to bring a map showing the district that she referenced at the second reading of the Ordinance. Public Hearing was closed at 7:47 PM Ross asked and Cook said the area of University Avenue between Scenic and Hutto is not excluded as the Ordinance is presented today. Motion by Ross, second by Eason to adopt the amendments with one change: to impose the same sign regulations that are applied to Austin Avenue between Leander Road and Williams Drive for University Avenue from Scenic Drive to Hutto Road. Sansing asked and Cook clarified this means that off premise signs would not be allowed on those streets. Approved 6-0 (Berryman absent) W First Reading of an Ordinance on a Rezoning from IN, Industrial District to C-1, Local Commercial District for 1.45 acres being Lot 2, Block D, of the Horizon Commercial Park, located at 701 Quail Valley Drive -- Mike Elabarger, Planner I II and Elizabeth A. Cook, Director of Community Development Elabarger described the item and said this was brought to Council for the first time at the last meeting. He said the public hearing portion of the item was completed at that time. He said both staff and the planning and zoning commission recommends denial of the application. He added the first reading of the ordinance was postponed to this meeting so that a super majority vote of six votes was possible. Eason asked and Elabarger said the CN district would allow the described use but it does have the 5,000 square foot building limit. Elabarger added the applicant is asking for a 10,000 square foot building. Gonzalez said the current zoning has no limitations and said approval of this would have a lesser zoning than how the property is currently zoned. Motion by Gonzalez, second by Eason to approve the Ordinance on first reading. City Council Meeting Minutes/ Page 8 of 10 Pages Elabarger read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Ross asked and Elabarger confirmed the motion on the floor will approve the rezoning and will go against staffs recommendation. Ross asked and Elabarger stated going to a C-1 zoning will allow for the applicant to build a property up to 10,000 feet. Eason said she contacted several of their constituents in San Jose and added they see it as a true opportunity for them to have this kind of ethnic grocery store in that area of town. She said, currently they have to drive to Round Rock to obtain the supplies for the types of foods they prefer. Approved 6-0 (Berryman absent) X First Reading of an Ordinance amending Electric Rates and Charges to include a dedicated and transparent Energy Efficiency and Conservation Fee -- Kathy Ragsdale, Utility Office Manager and Micki Rundell, Chief Financial Officer Ragsdale described the item and said this would allow the City to be in compliance with legislation to maintain the continuation of the grant funding programs that are already in place. She said ERCOT has said, over the next four or five years, there will be a 2-5% growth in energy demand and there needs to be some way for us to take care of it. She noted, in Georgetown there has been about an 11 % growth demand. She said, in order to handle this, they have passed House bill 3693 that says that we have to deploy net metering, encourage home energy reports, administer incentive programs and provide energy efficient education. She said staff has started this process with a block grant they received last year. She described the programs that the grant has allowed them to start. She said, in order to come into compliance and continue the programs, they would like to add $1.00 fee to the monthly bills for all commercial and residential accounts, which will also coincide with a reduction of the PCA fee. She said lowering the PCA will be quite a reduction customers so, even adding the $1.00 fee will still be a reduction. She said all cities are facing this and added they have to have dedicated funding for these projects. She noted the City feels it is better to set up a dedicated, transparent fee that all customers can see and notice. Ragsdale read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Ross, second by Sansing to approve the Ordinance on first reading. Sattler asked and Ragsdale said staff would like to start the collection January 1 st to coincide with the PCA. Sattler said there are people that will be spending money over Christmas and those credit card bills won't be paid until January or February. He said, this is only a dollar, but it's still an extra charge. Sansing said, however, the PCA is going away which will actually result in savings for the customer. Briggs said the City is banded by the legislature to do this in January. He noted, if the City does not have this in place, we will have to explain why we have not done it yet. Briggs said the only reason why the City is looking at January 1 st is because the City could be called down to show that they have implemented the fee. Brandenburg said and Briggs confirmed, in January, people will have an extra $20 in their pocket since the PCA is going away. Vote on the motion: Approved 5-1 (Sattler opposed) (Berryman absent) Y Second Reading of an Ordinance on a Rezoning from AG, Agriculture District to RS, Residential Single -Family for 165.07 acres; AG, Agriculture District to RL, Residential Low -Density District for 29.75 acres, AG, Agriculture District to MF, Multifamily District for 16.80 acres, and AG, Agriculture District to C-1, Local Commercial District for 23.08 acres in the Lemuel S. Walters Survey, to be known as Madison at Georgetown, located on SH 195 north of Shady Oaks -- Jordan J. Maddox, AICP, Interim Principal Planner and Elizabeth A. Cook, Community Development Director Maddox said this is the second reading of the Madison rezoning and said the plat was approved on the consent agenda tonight. He said this closes the annexation, rezoning and plat applications for this property. Maddox read only the caption of the Ordinance on second reading. Motion by Sattler, second by Ross to approve Ordinance 2010-41. Approved 5-0 (Sansing off the dais) Z Second Reading of an Ordinance amending Chapter 13.32 of the Code of Ordinances relating to water and wastewater impact fees -- Glenn Dishong, Utility Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong said this is a second reading of an Ordinance to amend the water and wastewater impact fees. He said a public hearing and first reading of this Ordinance was held at the last meeting. He said, as required by the Local Government Code, the City is in the fifth year of the impact fee study and it is required to update the fees. He said staff recommended that the combined fees be set so that the fees are the same as the sum of the City Council Meeting Minutes/ Page 9 of 10 Pages current fees. He described the difference between with the old fee and the new fee. Dishong read only the caption of the Ordinance on second reading. Motion by Sattler, second by Ross to approve Ordinance 2010-42. Sansing asked and Eason said we are not raising the rates as the sum of the fees are staying the same. Dishong said the wastewater fees go down and the water fees go up so that the total stays the same. Approved 5-1 (Sansing opposed) City Council Meeting Minutes/ Pagel 0 of 10 Pages Secretary fbssica Brettle