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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