HomeMy WebLinkAboutMIN 02.23.2010 CC-RMinutes of the Meeting of the Governing e:'ii .
of the Ci of Geo ietown, Texas
Tuesday, February 23, 2010
The 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, Dale Ross, Gabe Sansing, Pat All Council Present.
Berryman, Bill Sattler, Patty Eason, Ben Oliver
Staff Presents
Paul E. Brandenburg, City Manager; Mark Sokolow, City Attorney; Jessica Hamilton, City Secretary;
Micki Rundell, Chief Financial Officer; Jim Briggs, Assistant City Manager for Utility Operations; Laurie
Brewer, Assistant Director of Finance; Lorie Lankford, Accounting Manager; Thomas R. Benz, Systems
Engineering Director; Edward Polasek, Principal Planner; Elizabeth Cook, Director of Community
Development; Brent Schacherl, Interim Police Chief;
Minutes
Regular Session - To begin no earlier than 06:00 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
The Mayor called the meeting to order at 6:25 p.m.
Comments from the Mayor
- Welcome and Meeting Procedures
He announced the need for Boards and Commissions Applications for the Housing Advisory Board, Georgetown
Housing Authority and Animal Shelter Advisory Board.
City Manager Comments
Elections
Police Department Commendations
Interim Chief Schacherl spoke about an event concerning a fugitive fleeing Austin and ending in
Georgetown. He said Georgetown Detective Wise gave lifesaving EMS to the suspect. He said, because of
Wise's actions, the suspect was able to survive the shooting. He presented Detective Wise with the
Georgetown Police Department's Lifesaving Medal
Action from Executive Session
Motion by Ross, second by Sansing to confirm the appointment of Wayne Nero as Police Chief of the
Georgetown Police Department as recommended by the City Manager. Brandenburg spoke about the interview
and recruitment process for the police chief position. He gave a brief background on Wayne Nero and why he is
recommending him for the position. Brainard said Nero is an impressive person and he is thrilled with this
decision. Vote on the motion: Approved 7-0
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Page 1 of 5 Pages
Brainard said he also feels Schacherl has provided superior service as Police Chief on an interim basis. Nero
thanked Council and the City Manager for the opportunity to serve. He said he is eager to go home and finish
up his duties so that he can move to Georgetown and begin serving the community. He said, after meeting
some of the police officers, he is ten times more excited now than when he first arrived.
Motion by Sattler, second by Sansing to accept the bid of $3.8 million dollars from San Gabriel Properties
Investors, LLC on the following terms for the property formerly known as Albertson's: the bidder shall deposit
$25,000 by March 1 st with Georgetown Title Company, commissions will be paid by the buyer, the buyer will
provide documentation that is registered corporation that is in good standing to do business within the state of
Texas, purchase and sales payment will be as delineated in the bid package, the City will consider approving an
economic incentive package at a later date, the chief finance officer is further authorized to begin the process of
defeasing bonds as necessary as part of this sale. Approved 7-0
Motion
by Sattler, second
by Eason to
direct Georgetown Utility Systems to proceed with the 2010 Power
Supply
Planning Timeline
as presented
Micki Rundell, Chief Financial
in
Executive
Session.
Approved
7-0
• 11 r • • •iRMTTMOTOMM
On a subiect that is posted on this agenda: Please fill out a speaker registration form which can be found on the
table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to
speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called
forward to speak when the Council considers that item.
On a subiect 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, there were no persons who requested to address the Council on items other than what was
already posted on this Agenda.
Statutory Consent Agenda
The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with
one single vote. A councilmember may pull any item from the Consent Agenda in order that the council
discuss and act upon it individually as part of the Regular Agenda.
C Consideration and possible action to approve the minutes of the Council Workshop and Regular Meeting held
on Tuesday, February 9, 2010 -- Jessica Hamiton, City Secretary
D Consideration and possible action to accept the City's Quarterly Financial Report, which includes the
Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC),
and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended December 31, 2009 --
Micki Rundell, Chief Financial Officer; Laurie Brewer, Assistant Finance Director and Lorie Lankford, Accounting
Manager.
E Consideration
and possible action to accept and approve the City's
Information Technology (IT)
Master
Plan -- Leticia
Zavala, Project
Manager; Mike Peters, IT Director and
Micki Rundell, Chief Financial
Officer
F Consideration and possible action to accept the independent audit of all accounts of the City reported in
the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2009 -- Micki
Rundell, Chief Financial Officer; Laurie Brewer, Assistant Director of Finance and Lorie Lankford, Accounting
Manager
G Consideration and possible action to authorize the purchase of a 20' permanent water line easement
(Parcel B18) and a 15' temporary construction easement adjacent thereto from 1-35 & 130 Investment, Ltd.,
in the amount of $37,248.00, plus closing costs -- Thomas R. Benz, P.E., Systems Engineering Director and
Jim Briggs, Assistant City Manager for Utility Operations
H Consideration and possible action regarding a resolution granting a petition and setting public hearing dates for
the voluntary annexation into the City for 18.61 acres out of the Issac Jones Survey, Abstract No. 232, for
4887 Williams Drive, south of Casa Loma Subdivision and north of Olde Oak Subdivision -- Edward G.
Polasek, AICD, Principal Planner and Elizabeth Cook, Community Development Director
Motion by Oliver, second by Berryman to approve the consent agenda in its entirety. Approved 7-0
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Page 2 of 5 Pages
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
Present summary of 2009 Racial Profiling Report as mandated by the State Legislature -- Brent Schacherl,
Interim Police Chief
Schacherl said he has submitted a report to Council related to Racial Profiling. He said the report contains
police contact data for 2009. He said, in addition, the report contains statistical, administrative and complaint
analysis based on the data collected. He said the Department provides an extensive report and goes above and
beyond what is required. He said their methodology is based off of the 2000 census numbers. He said the
analysis has determined that there is no reason to suspect the Police Department engages in racial profiling.
Motion by Berryman, second by Sansing to accept the report. Approved 7-0
J Discussion and possible action regarding amending alarm fees -- Brent Schacherl, Interim Police Chief and
Paul E. Brandenburg, City Manager
Schacherl described the item and said an inordinate amount of police time is being spent responding to false
alarms. He said, upon implementation of the false alarm Ordinance, the amount of false alarms has been
reduced by 25%. He spoke about the grace period given to citizens so they may have time to correct the
problems of human error or mechanical issue. He said they employ a full time records specialist to manage the
alarm program. He said they anticipate that another employee may be needed in the future to handle the
program.
Brainard asked and Schacherl said the department is currently researching a way to do online registration of
alarms. Brainard asked and Schacherl agreed to look into a possible two year registration. Ross said he would
like to get some sanity on the fees. He suggested that there be less false alarms allowed per year before a fine
is imposed. Ross also agreed with Brainard about the idea of a two year registration. He also suggest that the
fines be increased and registration fees be reduced for residential alarms.
Schacherl spoke about how the help and the needs change throughout the seasons. Ross spoke about the
amount of false alarms allowed before the permit is taken away. Schacherl said only three people have ever
gotten close to the point of being fined. Oliver questioned the two year registration and asked whether it would
be a good idea if the police department's information becomes old quickly. Oliver noted it is important to not lose
sight of that problem. Motion by Berryman, second by Oliver to direct staff to look at the options that have been
offered in the discussion and come back with pros and cons of those suggestions. Approved 7-0 Brandenburg
reviewed his understanding of the motion.
K Discussion
and possible action to
direct
staff to revise Section 7.01.010
of the Code of Ordinances regarding
leash laws
within the city limits --
Gabe
Sansing, Councilmember District
2
Sansing said it is a suggestion to have staff look at leash laws pertaining to pets located in a person's own yard.
He spoke about the fact that he has an invisible fence and he said he would like for staff to look into the
possibility of allowing the dogs to be in a person's front yard without a leash.
Motion by Sansing, second by Ross that staff look into changing this Ordinance to allow for animals on
someone's property to be without a leash and to also include electric fences. Oliver agreed with Sansing about
electronic fences, but noted he is hesitant about allowing dogs to be off leash in the front yard. Sansing said the
owner must have control of their own dog so that it won't run out of someone's yard. Eason agreed with Sansing
that this issue should definitely be studied. Brandenburg reviewed the issue as it had been discussed in the
past. Eason said she feels this issue needs to be pursued because, even if a dog is chained in the yard,
anyone coming on to that property would be at risk. Vote on the motion: Approved 7-0
L Discussion and possible action on an Interlocal Agreement for Monument Signs between the City of Round
Rock and the City of Georgetown -- Paul E. Brandenburg, City Manager
Brandenburg reviewed the item and spoke about the terms that are located in the agreement. He said the City's
monument sign is in the Extra -Territorial Jurisdiction (ETJ) of Round Rock and Round Rock's monument sign is
in Georgetown's ETJ. He said each entity will be responsible for the maintenance and upkeep for their own
signs. Motion by Berryman, second by Oliver to approve the Interlocal Agreement. Approved 7-0
M Public Hearing and First Reading of an Ordinance for a Comprehensive Plan Amendment changing the
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Overall Transportation Plan by adding the proposed "Hughes Drive" located in 293 acres and 17 acres in the
Addison Survey, also known as the Lera B. Hughes Tract, located at 1200 CR 110 -- Edward G. Polasek, AICP,
Principal Planner and Elizabeth A. Cook, Community Development Director
Polasek reviewed the item. He said the applicant has requested an amendment to the Comprehensive Plan. He
showed Council a map of the area from the applicant. He said they are proposing a collector level road. He
said staff told him this could be a development driven road, but that the applicant should do a traffic analysis at
the site. He said the applicant performed a study and, with the results, staff concluded this is not a thoroughfare
road. Polasek said both Planning and Zoning and Georgetown Transportation Advisory Board (GTAB)
recommended denial of the request. He said the recommendation from staff is also to deny the request.
Sansing said Polasek's description was an accurate description of the GTAB meeting and noted the direction
from GTAB to staff was to identify where the road should go for planning purposes and future development.
Motion by Sansing, second by Brainard to deny the application with the caveat that a road will be made where
the proposed "Hughes Drive" will ultimately cross.
Public Hearing was opened at 7:06 p.m.
No persons were present to speak.
Public Hearing was closed at 7:06 p.m.
Sansing clarified that the recommendation is denial. Vote on the motion: Approved 7-0
N Public Hearing and First Reading of an Ordinance for a Rezoning, amending the 35.16 -acre Planned Unit
Development known as Sun City Neighborhood Fifty-four, located south of the intersection of Pedernales
Falls Drive and Cool Springs Way -- Jordan J. Maddox, AICP, Planner III and Elizabeth A. Cook, Community
Development Director
Maddox described the item and said the plan is to decrease the lot number by thirteen lots. He said there will
be a companion plat that will return to Council at the second reading of this Ordinance. He read only the caption
of the Ordinance on first reading after having satisfied the requirements of the City Charter. Mayor asked and
Maddox confirmed this would amend the previously approved rezoning.
Public Hearing was opened at 7:10 p.m.
No persons were present to speak.
Public Hearing was closed at 7:10 p.m.
Motion by Berryman, second by Sattler to approve the Ordinance on first reading. Approved 7-0
O First Reading of an Ordinance Amending Section 15.04.045 of the Code of Ordinance to revise the
Development Processing Fees for Planning and Development -- Elizabeth A. Cook, Community Development
Director
Cook reviewed the item and said the intent of the proposed revisions are to simplify how fees are collected,
make it easier to determined what fees are required, provide fees for applications that do not currently have fees
and to make some adjustments to the current fees. She said this item went to the General Government and
Finance (GGAF) subcommittee and said there were questions on having a cap on the fees for rezoning
applications. She said staff recommended a cap of $2,000 or $4,000 for rezoning applications. She said staff
has proposed an application fee for appeals as well as a reduction of that fee of 50% if the appeal was granted.
She said there were also suggestions to have a three year review of the development division fees. Cook said,
after the meeting, staff went back and made changes to the Ordinance accordingly. She reviewed the changes
made by staff and that are being brought to Council. Cook read only the caption of the Ordinance on first
reading after having satisfied the requirements to the City Charter.
Brainard said and Cook agreed that staff will come back to Council on a regular basis to review these fees.
Brainard said this schedule is a vast improvement and brings good order and consistency to the schedule.
Sattler asked and Cook said staff has not looked at charging applicants on an hourly basis. She said it is difficult
to track the hours worked and to have applicants make preferences to work with different planners according to
their salaries. Sattler asked and Cook said Georgetown was compared to other cities and Georgetown was
fourth or fifth down on the fee schedule rankings.
Brandenburg said the
proposed changes would
only
bring
in
an extra $1,500 per month. Cook said
it is not
about collecting more
money, but it is a benefit
to be
able
to
streamline the fee processes. Sansing
asked and
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Page 4 of 5 Pages
Cook said the development agreement amendment fee has gone down by a little over $1,100. She continued to
list other fees that have gone down with these proposed changes including the final plat fee and the agricultural
driveway permits. Sansing said he has never supported fee increases. He said he wants to be able to support
the Georgetown developers. Mayor asked and Cook reviewed the expenses to the City for voluntary
annexations including mapping work and staff time.
Motion by Oliver,second by Brainard to approve the Ordinance on first reading. Approved 4-3 (Sansing, Sattler
and Berryman opposed)
P First Reading of an Ordinance adding Chapter 1.13 of the Code of Ordinances as it pertains to setting policies
-- Keith Brainard, Councilmember District 4
Brainard reviewed the item and said the City Attorney drafted an Ordinance on Council's request regarding
policies that were made last month. Brainard read only the caption of the Ordinance on first reading after having
satisfied the requirements of the City Charter.
Motion by Brainard, second by Ross to approve the Ordinance on first reading. Oliver made a friendly
amendment that, between now and the next meeting, staff clarify what policy means. Brainard agreed with
Oliver's amendment.
Eason said she is going to disagree with this being brought to Council as an Ordinance. Eason brought up other
Ordinances that have been passed and that are not being followed by the City Council. She said she does not
see why this needs to be in Ordinance form and asked what happens if Council stops following the policy in the
Ordinance. She asked what about this issue requires that it be an Ordinance. She noted she thinks it will just
be another Ordinance that will be ignored. Sansing said he supports the general idea but noted he thinks there
needs to be a lot of clarification done on this issue.
Oliver asked that there be a provision in the Ordinance that would be able to enforce this with staff and also
define an item as a policy. Brandenburg reviewed the items brought forward by Council. Mayor said it is hard
because staff is charged with the job of implementing policy and not creating it. Mayor said, every time you put
something into policy, you give the City Manager less latitude to fulfill these requests. Brainard said getting
clarity on the definition of "policies" will be important to the implementation of this Ordinance. Brainard said he
also asked legal counsel about this issue and was told it should be brought to Council in Ordinance form.
Approved 6-1 (Eason opposed)
'�3
Mayor
Garver
Motion by Ross, second by Sansing to adjourn -- 7:33 p.m.
Adjournr
erg
The meeting was adjourned at 07:33 PM.
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