HomeMy WebLinkAboutMIN 04.27.2010 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:
Keith Brainard, Gabe Sansing, Dale Ross, Ben All Council Present
Oliver, Bill Sattler, Pat Berryman, Patty Eason
Staff Present:
Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Hamilton, City Secretary; Jim
Briggs, Assistant City Manager for Utility Operations; Micki Rundell, Chief Financial Officer; Kimberly
Garrett, Director of Parks and Recreation; Randy Morrow, Director of Community Services; Laurie
Brewer, Assistant Director of Finance; Thomas R. Benz, Systems Engineering Director; Glenn Dishong,
Water Services Director; Jordan Maddox, AICP, Planner III; Elizabeth Cook, Director of Community
Development; Brent Schacherl, Police Leiutenant; Ken Arnold, Energy Services Director; Edward G.
Polasek, AICP, Principal Planner; Carla Benton, Planner II; Rachel Osgood, Environmental Services
Manager; Wayne Nero, Police Chief;
Regular Session = To begin no earlier than 0617 PIVI
(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
- Presentation of National Historic Preservation Month Proclamation
Mayor presented Connie Watson and Shelly Hargrove with the Proclamation. Hargrove spoke about the month
of May being Historic Preservation Month and holds the theme of "old is the new green." Hargrove spoke about
a local scavenger hunt for historic preservation. Watson thanked the Council for supporting historic
preservation in Georgetown.
City Manager Comments
- May 8, 2010 Election
- Community Development Website
- 2010 Red Poppy Festival
- Summer Water Management Plan begins May 1st
Action from Executive Session
Motion by Sattler, second by Sansing to enter into a contract with CPS to supply the market purchase option
for the term December 5, 2010 to June 24, 2011. Approved 7-0
City Council Meeting Minutes/
Page 1 of 11 Pages
Motion by Brainard,
second by
that Council approve
a salary adjustment for the City Attorney consistent with
that approved in the
Attorney's
employee agreement.
Approved 5-2 (Sansing, Eason opposed)
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 - As of the deadline, no persons were signed up to speak on items other than what was posted on the 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 Workshop and Regular Council Meeting held
on Tuesday, April 13, 2010 -- Jessica Hamilton, City Secretary
D Consideration and
possible action to approve
the appointment of Mr. Rusty Winkstern
and Mr. Lucas Adams
to the Main Street
Advisory Board to fill vacancies due to resignations on that Board --
Mayor George Garver
E Consideration and possible action to approve the appointment of Ms. Connie Watson as Chairman for the
Main Street Advisory Board -- Mayor George Garver
G Consideration and possible action to approve a Resolution determining that any and all documents as it pertains
to the negotiation of power agreements and the purchase of any percentage of ownership in any power plant as
well as the compilation of data for individual power construction projects is a Competitive Matter as
contemplated by Sections 551.086 and 552.133 of the government code and establishing an effective date --
Jim Briggs, Assistant City Manager for Utility Operations and Mark Sokolow, City Attorney
H Consideration and possible action to approve a grant application to the National Parks and Recreation
Association (NRPA) for community garden programming in the amount of $5,000 -- Kimberly Garrett, Parks
and Recreation Director; Randy Morrow, Director of Community Services
Consideration and possible action to approve the Report on the City's 2010 Grant Initiative Program and
Request for Qualifications process for grant writing services -- Laurie Brewer, Assistant Director of Finance
and Paul E. Brandenburg, City Manager
J Consideration and possible action to authorize the purchase of a 35' permanent water and wastewater utility
easement (Parcel 133) and a 10' temporary construction easement adjacent thereto from the Glen Wilbern
Bishop and Arlene Lelia Bishop Living Trust in the amount of $37,931.00, plus closing costs, in connection
with the 2006 Annexation Utility Improvements Project -- Thomas R. Benz, P.E., Systems Engineering Director
and Jim Briggs, Assistant City Manager for Utility Operations
K Consideration and possible action to authorize the purchase of a 0.199 -acre (8,677 square feet) permanent
water and wastewater utility easement (Parcel B14) and a 10' temporary construction easement adjacent
thereto from the Glen Wilbern Bishop and Arlene Lelia Bishop Living Trust in the amount of $31,913.00, plus
closing costs, in connection with the 2006 Annexation Utility Improvements Project -- Thomas R. Benz, R.E.,
Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations
L Forwarded from the Georgetown Utility System (GUS) Advisory Board:
Consideration and possible action to approve Task Order HDR -10-001 with HDR, Inc of Austin, Texas, and
Task Order CDM -10-003 with CDM, Inc of Austin, Texas for professional services related to the 2010
Update of the Water and Wastewater Impact Fees for the City of Georgetown in an amount not to exceed
$47,856.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility
Operations
City Council Meeting Minutes/
Page 2 of 11 Pages
M Consideration and possible action on a Preliminary Plat for 4.027 acres in the Stubblefield Survey, to be known
as Sundance Plaza, located 3600 E. University -- Jordan J. Maddox, AICP, Planner III and Elizabeth A. Cook,
Community Development Director
N Consideration and possible action to designate the Taste of Georgetown as a City -Sponsored Special Event --
Paul E. Brandenburg, City Manager
Motion by
Berryman,
second by Brainard
to approve the Consent Agenda with the exception of Item F, which
was pulled
by staff to
the Regular Agenda.
Approved 7-0
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
F Consideration and possible action to approve an amendment to an agreement for cost sharing for work
related to the identification of wholesale energy options between Central Texas Electric Cooperative, and
the City of Georgetown; contracting with McCord Engineering -- Jim Briggs, Assistant City Manager for Utility
Operations
Pulled to the Regular Agenda by staff.
Briggs explained the allocation of funding for this project and why the agenda item description was incorrect. He
said the $25,000 amount shown on the agenda is the upper end exposure for the City. He said, however, they
will be spending up to $47,000 total. He noted they will be billing them for the difference but the only out of
pocket expense for the City will be $25,000. Motion by Sansing, second by Berryman to approve the
amendment. Approved 7-0
O Consideration and possible action to approve an Ordinance authorizing the 2010 Certificates of Obligation
(CO) bond issue -- Micki Rundell, Chief Financial Officer
Rundell reviewed the item and listed the projects that will fall under the CO bond issue. Rundell introduced Gary
Kimble, the City's financial advisor. Kimble, with Specialized Public Finance, said a sales summary was given to
the Council on this issue. He said himself and City staff traveled to Dallas to meet with Standard and Poors
rating agency. He said the bond ratings from last year were affirmed for this year. He noted they received nine
bids for the general obligation bonds. He spoke about the range of bids that were received. He said the utility
system revenue bond faired even better than the GO or CO bonds. He said the reason why the utility revenue
bond was better was because of the block size. He said the CO bonds drew 14 bids and ended up with a 3.34
twenty year interest rate. He continued to describe all three of the bond issues. Kimble said they are very
pleased and would like to recommend all three issues for approval.
Sattler asked and Kimble said the terms for GO and CO bonds go out to 2029. Sattler asked why the City didn't
do all CO bonds and Kimble said it has to do with the amortization schedule and noted the CO bond life is much
shorter. Sattler asked and Rundell said the GO bonds are what the tax payers approved. Rundell reviewed what
projects are included under the CO bond issue. She read the entire caption of the Ordinance on first and only
reading. Sokolow asked and Rundell said WellsFargo is the purchaser for the GO bonds, Southwest Securities
is the purchaser for the utility revenue bonds and the CO bonds are purchased by FTN Financial Capital
Markets.
Motion by Oliver, second by Eason to approve the Ordinance on first and only reading.
Sansing asked and Rundell listed the specific projects this bond issue will go toward. Brainard asked and
Rundell said the first corresponding bond issue was for the preliminary engineering and construction for the DB
Woods projects. Rundell noted this new bond issue will complete the projects. Sansing said he thinks he would
rather see funds being used to buy land and right of way for future facilities and utilities. Sattler asked and
Rundell said the GTEC money will be a loan and she explained why that is so. Vote on the motion: Approved
6-1 (Sansing opposed)
P Consideration and possible action to approve an Ordinance authorizing the issuance of the 2010 General
Obligation bonds -- Micki Rundell, Chief Financial Officer
Rundell said this item is requesting
approval for the GO bonds and
are
part of
the authorization
approved by
voters in November 2008. She said
this completes
the
construction
for
the
DB
Wood,
Williams
Drive
City Council Meeting Minutes/
Page 3 of 11 Pages
intersection. She noted there is also extra money included in the bond to begin the 1460 project. She read the
entire caption of the Ordinance on first and only reading.
Motion
by Sansing,
second by
Eason to
approve
the Ordinance on first and only reading. Sattler asked
Rundell
Police Lieutenant
information
said
this
issue. She
the
tax
impact
will
she remembered times where other dogs
be a
third
of
a cent.
Approved
7-0
Q Consideration and possible action to approve an Ordinance authorizing the issuance of the 2010 Series Utility
Revenue bonds -- Micki Rundell, Chief Financial Officer
Rundell said this money totals $10,120,000 and will be used to expand the lake water treatment plant. She read
the entire caption of the Ordinance on first and only reading. Motion by Sansing, second by Eason to approve
the Ordinance. Approved 7-0
R Presentation,
discussion and possible
direction to
staff regarding cellular phone usage while driving -- Paul E.
Brandenburg,
City Manager and Brent
Schacherl,
Police Lieutenant
Garver thanked Schacherl for the superb leadership he gave to the City while Interim Chief. Schacherl
described the item and said Sansing placed an initial item on the agenda in December of 2009 but it was pulled
without discussion. He said the police department created a report on cellular phone usage while driving for the
City Council to review. He noted things need to be done in order to reduce the danger to drivers of vehicles.
Brandenburg said it is up to Council to make a motion of whether or not they want for staff to pursue an
Ordinance on this issue. Schacherl said, in his report, they agreed that something needs to be done regarding
distracted driving. He noted his question would be related to how the department will enforce this. He said it
would recommend moving forward with the Ordinance as well as education along with the Ordinance. Sansing
explained the reason why he brought this issue forward to Council. He said he hopes Council will look into
requiring the use of a wired device or bluetooth headset. He noted he understands enforcement of this type of
law will be a difficult thing.
Motion by Sansing, second by Oliver to direct staff to move forward on this topic and create an Ordinance.
Mayor asked and Sansing said he think the City needs to explore and study all issues related to cell phone
usage while driving. He said he would go with whatever the police department would think is best.Schacherl
said the problem is not that people are distracted by holding the phone while driving, but by the actual
conversations a person is having. He said, to be comprehensive, the City needs to study the issue fully.
Oliver said he would like all of the options to be explored. He urged Council to have a Workshop somewhere
down the line on this topic. He said, even though it may be difficult to enforce it, does not mean that the City
should not implement it. He said this is a public safety matter and it may well be that most of the ticketing would
be tied to accidents. Ross asked and Schacherl said this would apply to police officers using their cell phones
for personal issues as well. Schacherl said the law would apply to officers, unless it was an emergency situation.
Ross said a decision point for him would be the question of whether or not they would create an Ordinance that
would not be able to be enforced. Ross asked that staff also consider the fact that, for some people, their car is
their office. Ross asked and Sansing said he would consider eating in a vehicle as a hazard. Brandenburg
suggested that staff go back and research this issue more and explore the possibility of expanding this issue to
other items including eating and putting on makeup while driving. Berryman said the City should guard against
not being able to enforce the law. She added it would be good for the City to put together educational materials
as well as gather ideas on putting forth a publicity campaign and education on driving safety issues. Sattler
asked to clarify the motion and what it is going to entail. Mayor said the motion is for staff to go back, pull
together studies related to all issues just discussed and place a related item to create an Ordinance on a future
Workshop. Vote on the motion: Approved 7-0
S Consideration and possible action to revise Chapter 7 of the City's Code of Ordinances related to animals --
Brent Schacherl, Police Lieutenant
Schacherl said this Ordinance relates to having an invisible fence as a means to comply with the animal at large
section of the Ordinance. He said cities in the surrounding areas are split on whether or not to allow invisible
fences.
Motion by Sansing, second by Ross to approve the creation of an Ordinance on this issue.
Eason said
she voted
for
researching
this
issue
and, once again,
staff did an excellent job at compiling
information
related to
this
issue. She
said,
after
thinking
about it,
she remembered times where other dogs
City Council Meeting Minutes/
Page 4 of 11 Pages
broke through invisible fences and added several times she became victim of attacks from groups of dogs. She
said the dog did not care that it was being harmed by the fence. She sees it as a real problem because the
fences are not dependable. She noted there are risks for other people going onto the property not being
protected from attacks from dogs. She said she does not believe it is a way to have control of an animal.
Sansing said it is a burden upon the owner to be responsible and make sure the collar is on and contained in
the invisible fence area. Brainard asked and Schacherl said, if a dog would jump a fence and injure someone,
the owner would be liable. Brainard said the objective is to control the animal. Berryman said, if you have a
fence that people can see and recognize, then people know that a dog is on that territory. Berryman said, with
an invisible fence, it would be easy for another dog or a child to go onto the property without realizing there was
on a dog in the area. Sansing said, initially, he was thinking about secondary confinement areas and noted, if
this is getting too cumbersome, he has not problem with pulling the issue. Ross withdrew his second. Sattler
asked and Schacherl described hazards and potential mistakes related to this Ordinance. Sansing withdrew
his motion and thanked staff for their hard work. No action was taken on this item.
T Consideration and possible action amending the City's existing Investment Policy effective April 27, 2010 --
Keith Brainard, Councilmember District 3
Brainard described the item and read the following summary to the City Council.
"At its November 24, 2009 meeting, the city council approved changes to the city investment policy that
included the addition of an objective, public trust, to the city's investment objectives. Prior to the change, the
city's investment objectives were safety, liquidity, and yield, in this order. The new objective reads as
follows:
Public Trust. Investment Officers shall seek to act responsibly as custodians of the public trust.
Investment Officers shall avoid transactions that might impair public confidence in the City's ability to
govern effectively. The cover sheet associated with the changes approved by council at its 11/24/09
meeting made no reference to this change, stating only "minimal changes were made to the policy." Also,
due to a clerical error, no redline edition specifying the changes being proposed was provided to the
council.
Approved minutes for this agenda item read as follows:
With a PowerPoint Presentation, Brewer reviewed the City's investment policy and the proposed revisions
and noted this is required under through the Public Funds Investment Act. She said the current policy is
certified through the Government Treasurers of Texas. She reviewed the changes proposed to the City's
investment policy including the addition of "public trust" as an objective before yield, minor changes for
clarification and broker/dealer update. Motion by Ross, second by Brainard to approve the Resolution.
Berryman recused herself from the item.
Brainard asked and Brewer said these changes are brought to Council at the recommendation of the
investment advisor. Approved 6-0 (Berryman off the dais).
This revision merits reversal because the addition of "public trust" as an investment objective is inconsistent
with both the Texas Public Funds Investment Act, which specifies safety, liquidity, and yield only as
investment objectives that should govern cities' investment policies; and is inconsistent with industry
practices. § 2256.006 of the Texas Public Funds Investment Act specifies the investment objectives that
must govern public (investing) entities: Investment of funds shall be governed by the following investment
objectives, in order of priority: (1) preservation and safety of principal; (2) liquidity; and (3) yield. Unlike
safety, liquidity, and yield, "public trust" is a subjective objective that cannot be uniformly measured. "Public
trust" means different things to different people. Adding "public trust" as an investment objective creates a
scenario in which an investment in any security is subject to challenge on the basis that it might impair
"public confidence," a term so vague and nebulous as to be nearly meaningless. Safety, liquidity, and yield
are objective, measurable, and time-honored investment objectives. These objectives have been standards
used for decades in public sector investment policies, and have been and continue to be taught in college
business courses and professional training curricula. Investment policy certification standards set forth by
the Government Treasurers of Texas require that recipients' investment policies must "primarily emphasize
safety of principal, liquidity, and yield." The GTT certification standards make no mention of "public trust" as
an investment objective. Likewise, model practices promulgated by the Government Finance Officers
Association and the Association of Public Treasurers of the U.S. and Canada each specify safety, liquidity,
and yield as core investment policy objectives for public sector entities, and make no mention of "public
trust" as a core investment objective. The GFOA's sample investment policy states, "The primary
objectives, in priority order, of investment activities shall be safety, liquidity, and yield." GFOA's best
City Council Meeting Minutes/
Page 5 of 11 Pages
practice, "Diversification of investments in a portfolio," states, "Government investors have a fiduciary
responsibility to protect public funds and to prudently manage their investments in order to achieve the
investment objectives of safety, liquidity, and return." The model investment policy of the Association of
Public Treasurers of the U.S. and Canada states,
It is the policy of the (entity) to invest public funds in a manner which will provide the highest investment
return with the maximum security while meeting the daily cash flow demands of the entity and conforming to
all state/province and local statutes governing the investment of public funds. The concept of "public trust"
is addressed in Section 2 of the city investment policy, titled, "Standard of Care," which states in part:
Investments will be made with judgment and care, under circumstances then prevailing, that persons of
prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation,
but for investment, considering the probable safety of their capital and the probable income to be derived.
Public trust is a product of the investment policy itself, and compliance with that policy and full disclosure
and transparency. A policy provides agreed-upon ground rules. By maintaining an investment policy that
complies with state law and with industry practices, the city is promoting public trust without attempting to
do so through the addition of an investment objective that defies measurement."
Motion by Brainard, second by Ross to approve the Resolution.
Sansing asked why "public trust" was added to the Policy but said it does not hurt to keep it in there. Eason said
she thinks there is nothing wrong with having the paragraph in there and, the more the City can show that public
trust is their objective, the better. She said it is important to have that paragraph there and she is going to vote
against deleting that section. Ross said he disagrees and said the City needs a policy that is measurable and
asked how the City would measure public trust.
Brewer said the "public trust" addition came as a recommendation from the City's financial consultant. She said
the reason why some Cities are putting this in their policy is because of market conditions. She said, no matter
if it is removed or left on, it will still be legal. Oliver said he is going to be voting against this motion because it is
important to go beyond what the state requires of their policy. He said, in this environment, it is very important
to see the City is caring and not just a bean counting entity. Oliver said he thinks it is an appropriate addition to
the policy. Sattler said he thinks that, by putting that in there, you are adding a criteria that the City can be
judged on. Brainard responded and repeated what the state law says on this issue. He said, by inserting "public
trust", the City is handing over to the City investment officer sole discretion to invest money as they feel
appropriate. Oliver asked and Rundell clarified what the Finance Department can and can not do, before it has
to go to the City Council. Ross asked and Brewer said her understanding of state law is that it is a minimum
requirement and it is certainly open to interpretation. Brewer said the investment advisor was the person who
recommended the addition of this paragraph to the policy.
Vote on the motion: Tied 3-3 (Eason, Oliver, Sansing opposed) (Berryman recused herself from the item.)
Mayor broke the tie and voted no. Motion failed.
U Discussion and possible action regarding an addition to the city fiscal and budget policy that would require
certain disclosures pertaining to proposals to modify retirement benefits for city employees -- Keith
Brainard, Councilmember District 3
Brainard reviewed the item and said this would require disclosure of any proposed changes to the benefits for
City employees. He said it was disconcerting to him that, looking back on the record, there was very little
discussion or disclosure given to the effects and costs associated with the proposed changes in the TMRS
benefits structure. He said his proposal would require certain minimum disclosures in the event that future
proposals are made for changes to the City's retirement structure.
Motion by
Brainard, second
by
Sansing to approve the addition of the language to the City's policy as detailed
in agenda
item
U. Approved
7-0
V Forwarded from the Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action on issues related to alignment, design, environmental, Right of Way and
other issues related to the constructability of the Southwest Bypass from SH29 to IH35, West of IH35 -- Jim
Briggs, Assistant City Manager for Utility Operations
Polasek said this originates from the April 9th and April 23rd GTAB Board meetings and mentioned it is related
City Council Meeting Minutes/
Page 6 of 11 Pages
to the possible construction of the Southwest Bypass. He said the City is moving forward with the alignment and
right of way issues in the area. He said the County wishes to move forward with the discussion of the project
between Leander Road and 1-35 and came forward to GTAB with discussion of the plans. He showed Council a
graph demonstrating the two proposed routes and improvements. He said GTAB recommends a motion to
move forward with Northern alignment as a priority along with the Southern alignment as an alternative priority if
the Northern alignment does not work out. He said they also recommended that the City and County look into
private partnerships to get these roads built in the future. He said Commissioner Covey is looking forward to
moving forward with this project.
Motion by Sansing, second by Brainard to move forward with these issues and projects.
Brandenburg said discussion of this project has been going on for the past ten years. He said there have been
two GTAB meetings and a public workshop to talk about this issue prior to this meeting. He said Council is trying
to push this forward with full cooperation with the County and the State to finally get this project moving. Sansing
also discussed what was agreed upon in the GTAB meeting. Brainard said this road has two distinct benefits to
both the south side of town as well as relieving traffic from Highway 29. Sattler asked and Briggs said the GTAB
motion was to consider the two projects, with the priority being the Northern section. Briggs spoke about the
letter drafted for this issue. Approved 7-0
W Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC):
Consideration and possible action to approve an amendment to Task Order No. 1 with HDR Engineering, Inc.,
of Austin, for professional engineering services for further environmental investigations to determine the
impact of the project to endangered species for the Southwest Bypass between State Highway 29 (SH 29)
and Leander Road (FM 2243) in the amount of $94,802.00 -- Thomas R. Benz, P.E., Systems Engineering
Director and Jim Briggs, Assistant City Manager for Utility Operations
Benz described the item and said it is an amendement to Task Order No. 1 and is related to the other portion of
the Southwest Bypass. Motion by Berryman, second by Oliver to approve the amendment to the task order.
Approved 7-0
X Forwarded from the Georgetown Utility System (GUS) Advisory Board:
Consideration and possible action to authorize an agreement with Contract Land Staff, LLC for professional
right of way acquisition services in connection with the 2006 Annexation Utility Improvements Project in
an amount not to exceed $125,000.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs,
Assistant City Manager for Utility Operations
Benz described the item and said they are acquiring 65 easements from 65 different parcels. He said this
contract will last two years to acquire easements and added $90,000 of this contract is for appraisal work. He
said this is the same contract that the City has existing, but with some minor modifications that were negotiated
with Contract Land Staff. Motion by Oliver, second by Berryman to approve the agreement. Approved 7-0
Y Forwarded from the Georgetown Utility System (GUS) Advisory Board:
Consideration and possible action for the award of the annual bid for miscellaneous fiber optic materials to
various vendors in an amount not to exceed $250,000.00 annually -- Kenneth Arnold, Energy Services Director
and Jim Briggs, Assistant City Manager for Utility Operations
Arnold described the item and said this was unanimously approved by the GUS Board.
Motion by Sansing, second by Oliver to approve the
award of
bid. Brainard
asked and Arnold said these cables
are primarily for network communications throughout
the City.
Approved 6-0
(Ross absent from
the dais)
Z Consideration and possible action to approve a resolution of support related to the Pass -Through Finance
Program for IH 35 frontage roads by Williamson County -- Edward G. Polasek, AICP, Principal Planner and
Elizabeth Cook, Community Development Director
Polasek described the item and said the frontage road has finally cleared environmental studies and testing. He
said this road has been a part of the City's thoroughfare plan for years. He said the County is applying for pass
through financing and will get reimbursed over time. He said the County is asking for a resolution of support and
not funds from the City. Motion by Berryman, second by Eason to approve the Resolution of support. Brainard
asked and Polasek answered a few questions about heritage trees in and around the project area. Approved
7-0
City Council Meeting Minutes/
Page 7 of 11 Pages
AA Public Hearing and possible action on a Final Plat of a Resubdivision for University Park, Section One, Block
A, Lots 101 11, 125 13 & 14, with waivers to lot width and lot size, located at 1403-1411 Bergin Court -- Carla
Benton, Planner II and Elizabeth A. Cook, Director of Community Development
Benton described the item and said they are asking for waivers to reduce lot width and lot size. She said they
are all existing developed lots and described the proposed changes to the subdivision. She said this is a two
family zoning district and staff has received one public comment that inquired about facades and building
materials that would be used.
Public Hearing was opened at 7:55 p.m.
No persons were present to speak
Public Hearing was closed at 7:55 p.m.
Motion by Oliver, second by Sattler to approve the plat. Approved 7-0
BB Public Hearing and First Reading of an Ordinance amending the Unified Development Code (UDC)
Chapter 1 "General Provisions", Chapter 2 "Review Authority", Chapter 3 "Applications and Permits", Chapter 6
"Residential and Agricultural Zoning Districts: Lot, Dimensional and Design Standards", Chapter 7 "Non -
Residential Zoning Districts: Lot, Dimensional and Design Standards", Chapter 8 "Landscaping and Buffering",
Chapter 9 "Off -Street Parking and Loading", Chapter 10 "Sign Standards", and Chapter 12 "Pedestrian and
Vehicle Circulation"; repealing Chapter 5 "Zoning Use Regulations", Chapter 14 "Nonconformities", Chapter 15
"Enforcement", and Chapter 16 "Reference"; and adding new Chapter 5 "Zoning Uses", Chapter 14
"Nonconformities", Chapter 15 "Enforcement', Chapter 16 "Definitions"; and amending the Code of Ordinances
Chapter 2.48 "City Planning and Zoning Commission" and Chapter 12.44 "Obstruction of View in Public Ways --
Elizabeth A. Cook, Community Development Director
Cook described the item and said there was a Workshop on this item at the last meeting. She gave a brief
overview of the proposed changes to the Unified Development Code (UDC) being brought to the City Council
during this amendment process and as delineated in the information contained in the agenda packet. Cook
read the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter.
Public Hearing was opened at 8:09 p.m.
No persons were present to speak.
Public Hearing was closed at 8:09 p.m.
Ross said
two garage sales per year is
very restrictive.
He said there are a lot of churches and non profits that
do garage
sales. He said he would like
more than two
garage sales per year.
Motion by Ross, second by Sansing to amend Section 5.02.030 (b) (3) (a) to allow not more than twelve garage
sales per year.
Brainard asked who would be counting and Cook said the only way the City counts is after they receive a
complaint from a resident. Brainard asked and Cook said this only applies to residential properties. Mayor said,
if there is no permit for a garage sale, then he would assume that it would be unenforceable. Cook partially
agreed and said they are enforcing garage sales by basing them on the fact that you can not have retail sales
out of your home. She noted there are elements of this that are enforceable. Approved 6-1 (Oliver opposed)
Motion by Ross, second by Oliver to send Sec. 5.02.020 "Home Occupations" back to the UDC Committee for
review of impact of the regulations on the neighborhoods, and proposed changes or additions. Oliver asked and
Ross confirmed, while this is happening, it will keep the current section enforced. Approved 7-0
Motion by Ross, second by Oliver to reword the last sentence of Section 6.06.010, Accessory Structures,
Garage and Carports Subsection B to "in such instance, the accessory structure shall be located in the rear yard
as determined by the lot with the principal structure on it' and also added a sentence to Subsection D that says
"Properties in Old Town Overlay District must follow the procedures outlined in Section 4.09.040, Special
Exception for Setback Modification and the approval process pursuant to Section 3.15."
Ross said he thinks carports should be behind where the actual structure is. Eason said she agrees with this
related to issues of line of site and street scape issues. She noted, if the owner were to sell that lot, a buyer may
have to tear down that accessory building and build a new carport behind the building. Approved 7-0
City Council Meeting Minutes/
Page 8 of 11 Pages
Ross mentioned Section 14 and he said he would like to see the ability of having public input on this issue.
Motion
by
Ross, second by Oliver to adopt A.
Natural or Accidential Causes Option 1-
Public Input, within
Section
14.02.060,
Destruction or Damage of
Structure Housing Nonconforming Use.
Approved 7-0
Sansing asked about Chapter 14 and non -conformed usage as well as Chapter 10 and car dealership signs.
Cook said the City has dealt with the car issues in Chapter 5. Brainard asked and Cook addressed the issue of
sidewalks in this set of amendments as well as future rounds of amendments. Brainard asked and Cook said
sidewalk hole issues are forthcoming.
Motion by Oliver ,second by Berryman to approve the Ordinance on first reading including the four amendments
approved by Council. Approved 7-0
Brandenburg thanked Cook and
her
staff for
their hard work on these issues and the public comment process.
Cook recognized Valerie Kreger
and
Jordan
Maddox.
law.
CC First Reading of an Ordinance amending Section 13.12.040(6) of the City's Code of Ordinance relating to
"Garbage Collection and Charges Mandatory—Exceptions" -- Rachel Osgood, Environmental Services and
Jim Briggs, Assistant City Manager for Utility Operations
Osgood reviewed the item and read only the caption of the Ordinance on first reading after having satisfied the
requirements of the City Charter. She said, as of last year, residents who were involuntarily annexed were told it
was mandatory to use the City's garbage collection. She said these rural customers haul their own waste or do
not have any as the properties are unoccupied. She said this Ordinance would provide them with an exception
to the use of the city's garbage collection. She noted they agreed, if they need to use the City's garbage
service, they are willing to comply.
Motion by Ross, second by Sattler to approve the Ordinance on first reading. Approved 7-0
DD First Reading of an Ordinance as it pertains to Chapter 6.60 pertaining to Fees and False Alarm Notifications
-- Mark Sokolow, City Attorney and Wayne Nero, Police Chief
Sokolow read the caption of the Ordinance on first reading after having satisfied the requirements of the City
Charter. He said the commercial fees will be going from $75, down to $25. He spoke about the fines and said
the City is already at the maximum amount allowed by state law. He said the Police Chief has the ability to stop
the service and he noted this provision is included in the Ordinance. Motion by Ross, second by Sansing to
approve the Ordinance on first reading.
Brainard asked and Sokolow confirmed state law restricts the ability to raise the fines for excessive false alarms.
Sokolow clarified the state requirements. Brainard said that someone with the City should contact their State
representative on this issue. Sokolow said the Council can pass resolutions to propose legislation or bills
related to this issue. Approved 7-0
EE First Reading of an Ordinance as it pertains to Chapter 9.14 pertaining to Graffiti -- Mark Sokolow, City
Attorney and Wayne Nero, Police Chief
Sokolow read only the caption of the Ordinance on
first reading
after having satisfied the
requirements of the
City Charter. Brandenburg said these changes the
Ordinance to
be consistent with State
law.
Motion by Brainard, second by Berryman to approve.
Public Hearing was opened at 8:31 p.m.
No persons were present to speak.
Public Hearing was closed at 8:31 p.m.
Vote on the motion: Approved 7-0
FF Second Reading of an Ordinance for the voluntary annexation into the City for 18.61 acres out of the Isaac
Jones Survey, Abstract No. 232, for 4887 Williams Drive, south of Casa Loma Subdivision and north of Olde
Oak Subdivision -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Community Development
Director
City Council Meeting Minutes/
Page 9 of 11 Pages
Polasek described the item and said this item as well as the
following two have
all gone
through the public
hearing process. He read only the caption of the Ordinance
on second reading.
Motion
by Sansing, second by
Oliver to approve Ordinance 2010-11. Approved 5-0 (Ross
and Sattler absent
from the
dais)
GG Second Reading of an Ordinance for the voluntary annexation into the City for 4.027 acres, more or less, in
the Woodruff Stubblefield Survey, Abstract 566, for 50 White Eagle Pass, south of State Highway 29 and west
of State Highway 130 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Community
Development Director
Polasek described the item and read only the caption of the Ordinance on second reading. Motion by Brainard,
second by Eason to approve Ordinance 2010-12. Approved 6-0 (Ross absent from the dais)
HH Second Reading of an Ordinance for a Rezoning of 4.027 acres in the Stubblefield Survey from AG,
Agriculture District to C-3, General Commercial District, to be known as Sundance Plaza, located at 3600 E.
University -- Jordan J. Maddox, AICP, Planner III and Elizabeth A. Cook, Community Development Director
Maddox described the item and read only the caption of the Ordinance on second reading. Motion by
Berryman, second by Oliver to approve Ordinance 2010-13. Approved 7-0
II Second Reading of an Ordinance to amend Ordinance No. 2006-139 pertaining to the annexation of
approximately 204.5 acres of land out of the J. Mott Survey, B.C. Low Survey, J. Robertson Survey, William
Addison Survey, F.A. Hudson Survey, and J.S. Patterson Survey, known as 2006 Annexation Area 50, to
modify the Annexation Service Plan to allow a Utility Agreement in lieu of required capital improvements --
Edward G. Polasek, AICP, Principal Planner 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 Eason to approve Ordinance 2010-14. Approved 7-0
JJ Second Reading of an Ordinance amending 2.16.010 and 2.16.020 of the Code of Ordinances as it pertains to
compensation or expense reimbursement for the Mayor and Councilmembers -- Ben Oliver, Chair,
Compensation Committee
Oliver read only the caption of the Ordinance on second reading. Motion by Oliver, second by Sansing to
approve Ordinance 2010-15. Approved 7-0
KK Consideration and possible action to appoint a representative and alternate to represent the City of
Georgetown on the Capital Area Metropolitan Planning Organization (CAMPO) Policy Board -- Mayor
George Garver
Mayor described the item and explained why the City must elect a new member to the CAMPO Board. He said,
since Georgetown has reached 50,000 in population, they may have their own full time representative instead of
just one representative in Williamson County serve for all cities under 50,000. Motion by Eason, second by
Oliver to appoint Councilmember Sansing as the city's representative on CAMPO. Eason stated her reasons as
to why Sansing is fit to serve on the Board. Berryman said she will vote against this issue as she feels Sattler
should be appointed to the Board instead, as he is the Council's Mayor Pro Tem. Failed 3-4 (Sattler, Berryman,
Ross, Brainard opposed)
Sansing said no one is more qualified than he is to serve on the board and no one knows more about local
transportation issues than himself. He said he senses politics and issues that have been ordained prior to this
meeting and he does not appreciate it. Mayor mentioned there is also a need for an alternate on this Board.
Eason said Mayor Garver has been serving on the Board and has been attending the meetings over the past
year.
Motion by Eason, second by Oliver to appoint Mayor Garver to CAMPO as a representative of the City.
Berryman said this is a two year term and they are going through some critical times. She mentioned next
year's election and said, for continuity sake, it would be good to have Sattler on the Board so he is there for the
entire term. Oliver noted however, a month from now, the Council will select a Mayor Pro Tem. Eason said the
continuity issue is why she is voting to elect the Mayor. Mayor said he would be willing to serve as an interim
until Council can finally decide on an appointee. Brainard made an alternate motion that the designee be the
Mayor Pro Tem or that person's designee. The alternate motion was withdrawn.
City Council Meeting Minutes/
Page 10 of 11 Pages
Motion by Sattler, second by Oliver that Sansing be appointed as alternate on the Board. Approved 7-0
The meeting was adjourned at 08:52 PM.
/' • • • - • r
Mayor Geor, Garver `-7CAv Secretark/Adsica Hamilton
City Council Meeting Minutes/
Page 11 of 11 Pages