HomeMy WebLinkAboutMIN 08.11.2009 CC-RMinutes of the Meeting of the Governing ®••
of the City of Georgetown,
Tuesday,9
The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
George Garver presiding.
Council Present: j Council Absents
Keith Brainard, Gabe Sansing, Dale Ross, Ben li Ben Oliver
Oliver, Pat Berryman, Bill Sattler, Patty Eason
lI'Staff Present:
i Paul E. Brandenburg, City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Kevin
Russell, Human Resources Director; Micki Rundell, Chief Financial Officer; Marsha Iwers, Purchasing
Manager; Rachel Osgood, Environmental Services Coordinator; Terry Jones, Facilities Manager; Robert
Fite, Fire Chief; Keith Hutchinson, Public Information Officer
Minutes
Regular ession ® To begin no earlier than M02 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.)
1 . �i ... i
Comments from the Mayor
- Welcome and Meeting Procedures
Mayor reviewed the meeting procedures and summarized the new meeting process.
City Manager Comments
Brandenburg said the City Council agenda will now be posted and available to the public on Wednesday,
instead of Friday.
Action from Executive Session
There was no action out of Executive Session
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
512/934-3651.
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Page 1 of 5 Pages
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 Workshop held on Monday, July 27th and the
Council Meeting on Tuesday, July
28th -- Jessica
Hamiton,
City Secretary
Brainard said, regarding the July 27th minutes, page 3 of 4, fourth paragraph. He asked to add "since 1998" to
the end of the sentence.
D Consideration and possible action to approve a Master Services Agreement with Eleven Thirteen Architects
for professional architectural services -- Terry Jones, Support Services Construction Manager and Micki
Rundell, Chief Financial Officer
E Consideration and possible action for approval of a professional architectural services task order with Eleven
Thirteen Architects to provide design services for renovations to the Municipal Complex Building in an
amount not to exceed $45,000.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell,
Chief Financial Officer
F Consideration and possible action to renew the existing household hazardous waste contract between the
City of Georgetown and PA-jer Corporation, dba Williamson County Recycle Center (WCRC), of Georgetown,
Texas, for the proper disposal of residential utility customers' Household Hazardous Waste (HHW) --
Rachel Osgood, Environmental Services Coordinator and Jim Briggs, Assistant City Manager for Utility
Operations
Brainard asked and Osgood said this contract will be in its third year at an amount of $25,000. Brainard asked
and Osgood said the budget has stayed the same and roughly $20,000 was spent this year on this contract.
Osgood said there is about $4,200 left in the budget for this contract. Brainard asked and Osgood said the City
has about 394 customers for fiscal year 2009 to date. She said, last June, there were 49 customers. She said
the City averages about 50 customers a month. Brainard said and Osgood said this is about $50 a user to
dispose of paints, chemicals, pesticides, and other hazardous materials. Osgood said this method provides the
most cost savings. Brandenburg said, in the past where there was an annual service, people didn't want to wait
for a year to dump their hazardous supplies. He noted, in that instance, people would dump their waste with the
rest of their trash in an incorrect manner. Brainard said he thinks the program is great and requested that staff
provide Council with a summary of the inventory the City is receiving. Sattler asked and Osgood explained the
household hazardous waste collection process.
G Consideration and possible action to authorize the Georgetown Fire Department to make an application to the
Capital Area Council of Governments (CAPCOG) grants program, Homeland Security Funding, FY 2010 --
Robert Fite, Fire Chief
H Consideration and possible action to approve an award of a bid for IOOF Cemetery landscape maintenance to
Maldonado Nursery and Landscaping, Inc. of Austin in the amount of $41,457.60 -- Kimberly Garrett, Parks and
Recreation Director and Randy Morrow, Director of Community Services
Motion by Sansing, second
by
Berryman to
approve the Consent Agenda with the exception of Items D and E
and including
the correction
to
the minutes.
Approved
6-0 (Oliver
absent)
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
D Consideration and possible action to approve a Master Services Agreement with Eleven Thirteen Architects
for professional architectural services -- Terry Jones, Support Services Construction Manager and Micki
Rundell, Chief Financial Officer
Pulled to Regular Agenda by Berryman. Berryman asked and Jones explained the purpose of a Master
Services Agreement.
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E Consideration and possible action for approval of a professional architectural services task order with Eleven
Thirteen Architects to provide design services for renovations to the Municipal Complex Building in an
amount not to exceed $45,000.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell,
Chief Financial Officer
Pulled to the Regular Agenda by Berryman. Berryman asked and Jones said this project was not bid out and
noted it was an RFQ. Jones said they had to firms that tied, but they selected Eleven Thirteen Architects
because they are local. Berryman said she is wondering why they are the only group ever seen for these type
of services. Jones said they grade at the highest level for this service.
Motion by Sansing, second by Berryman to approve the balance of the Consent Agenda. Approved 6-0 (Oliver
absent)
Consideration and possible action to direct staff to amend Personnel Policy #350 on Longevity to include
administrative Procedures to limit the payout of longevity to only those employees who have completed the
specified minimum year(s) of service -- Kevin Russell, Director of Human Resources and Civil Service
Russell described the item and said the majority of the surrounding entities have a one year waiting period on
longevity. He said staff would like to modify the administrative part of this policy and institute a one year waiting
period as well. He noted this change will not apply to the sworn police and firefighters. He listed the estimated
monies that would be saved if this policy is changed. Brainard asked and Russell said Austin, Round Rock,
Cedar Park and other communtiies are providing longevity pay to their employees after one year of service.
Sansing said he does not think staff should receive longevity pay until the five year mark. Ross asked and
Russell said the City is rewarding the employees for their loyalty. Ross asked and Russell gave a brief history
on how longevity pay initially got started. Brandenburg said the longevity policies he has seen have been
around 5, 10 or 15 years. He noted longevity is purely based on attending your position. Ross asked and
Russell said this change will be applied to new hires and not current employees. Berryman asked and Russell
said, when a person is hired, they will be made aware of this policy.
Motion by Sansing, second by Ross to change the policy on longevity and set the waiting period at two years.
Russell said the current policy as written has one year but, if the Council chooses to do more than one year, it
will require an Ordinance to be brought back to Council. Sattler asked and Russell said this motion directs staff
to change the policy. Sansing asked and Russell said the City has about 22 employees who have been hired
within this past year. Approved 6-0
J Consideration and possible action to direct staff to amend Personnel Policy #120 on Salary Administration to
include a section on Merit Based Pay in the Salary Program Elements section of the policy that would allow
for the payment of adjustments to employee base salaries, if in any given year the Council approves funds for
the Merit program -- Kevin Russell, Director of Human Resources and Civil Service
Russell said this change will allow the employees to move through their pay range based on their performance.
He noted this amendment will include a section on merit based pay. He added this will allow Council to choose,
at any time, whether or not to allot merit based pay in any certain year. Motion by Sansing, second by Ross to
approve the amendment.
Brainard asked and Russell said the merit based pay will be an adjustment to an employee's base pay.
Brainard asked and Russell confirmed there is funding allocated in the current fiscal year's budget for this
program. Brainard asked and Russell said, in any given year, the fiscal impact would be limited to whatever
amount the Council approves for the merit based pay program. Russell said Council will approve an amount
and added that amount will be distributed to the employees that meet, exceed, or are rated oustanding in their
performance. Brainard asked and Russell confirmed the Council controls the amount allocated each year for
merit based pay. Sansing asked and Russell explained how this merit program will help employees move
through their pay scale. Approved 6-0
K First Reading of an Ordinace
adding
new Chapter
6.70
to
the Code of Ordinances regarding Garage Sales,
permits for Garage Sales and
Garage
Sale signs --
Paul
E.
Brandenburg, City Manager
Brandenburg described the item and said this Ordinance regulates how often a person can have garage sales
per year as well as garage sale signs. He described the complaints that have been received from citizens so far
on this issue. He said staff has done research on other Cities that regulate garage sales. He noted staff has not
yet identified a fee for violating any of these regulations. He said Council could choose to add a fee if that's
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Page 3 of 5 Pages
what they decide.
He said,
with the economy, there
are higher amounts of people setting up garage sales.
Brandenburg read
only the
caption of the Ordinance
after having satisfied the requirements of the City Charter.
Ross said he can not support this Ordinance in its current form and he expressed his concerns. Ross asked
and Carls noted the Ordinance states that a person who is putting on a garage sale must either own or have the
right to dispose of the property being sold. Carts said this was designed to prohibit activities that would be
considered closer to a commercial operation. Ross commented on the allowable garage sales per year being
put at two. Brandenburg listed the amount of garage sales per year as listed in other City Ordinances. Ross
asked about potential fines. Brandenburg and Carls said this would go through the general penalty clause in the
municipal court process. Sattler said there are going to be unintended consequences if this Ordinance is
approved as written. He listed some examples of these consequences. Sattler said there is no information in
the Ordinance about how a person is to receive a permit. He said the City is making things complicated for an
issue that is very easy. He noted he does not want to start hurting charities. Sansing said he appreciates the
effort that has gone into creating this Ordinance. He added, while he was concerned about the complaints he
received, he thinks the City is shooting itself in the foot. He noted this could be a code enforcement nightmare.
He said the City should target its Ordinance to regulate people who run garage sales as a business out of their
home.
Brandenburg said this was something that was requested by Council. He said staff would like direction from
Council as to whether or not to pursue this Ordinance. Berryman said she thinks this is over -regulation and she
can not support it. Ross asked and Brandenburg said some Homeowner's Associations and neighborhood
associations dictate whether or not garage sales are allowed. Eason said Georgetown has long been
considered the garage sale mecca of Texas. She said she wants to do something about people who are
abusing and creating business out of garage sales but added she thinks there could be a way to regulate this
without negatively affecting residents and charitable organizations. Eason said she needs more proof of the
need for this Ordinance. She said she would prefer an Ordinance that is not going to be problematic for the
people who are holding garage sales in a proper manner. Brainard asked and Carls said the only current
regulations for garage sales are related to signage. Brainard spoke about an estate sale that was held in his
neighborhood last year and Cook said retail sales are not allowed in residential areas. Brainard asked and
Cook said a garage sale is defined in the Unified Development Code as the sale of one's own personal property.
Carls said she had understood the goal was to get a handle on activity that was more commercial in nature.
Berryman said her suggestion is that staff just address the number of sales being held per year at one address.
She said the City should be setting a limit on how many times a household can have a garage sale per year.
Carls said that suggestion would eliminate the need for a permit. Sansing said this is a self police kind of thing
and a person should not have to have a permit for this issue. Sansing said the community needs to keep a
sharp eye on the properties that abuse garage sale usage and then handle the issue accordingly. Brandenburg
reviewed the current complaints received on this issue. Ross said he has not heard anything about this being an
issue in the City and noted he proposes not to vote on this Ordinance at all. Ross suggested Council not vote
on this item and have staff look at this further based on some of Council's comments. Mayor reviewed the
consesus from Council. Brandenburg said he would like for Council to tell staff whether or not to continue to
pursue this Ordinance.
Motion by Berryman, second by Ross to deny the creation of a garage sale Ordinance. Approved 5-1 (Sansing
opposed, Oliver absent)
Motion by Berryman to direct staff to look at the at-home business portion of the Unified Development Code
and explore the possibility of including garage sales in that section. Approved 64 (Oliver absent)
L First Reading of an Ordinance amending the following section of Chapter 2.115 of the Code of Ordinances
relating to the Georgetown Village Public Improvement District No. 1 Advisory Board, Amending Sections
2.115.030 and 2.115.040 -- Patricia E. Carls, City Attorney
Carls read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion
by Sansing, second by Berryman to approve the Ordinance on First Reading. Sattler asked and Carls said the
PID has its governance rules embodied in the City's Code of Ordinances. Carls said, when the PID wants to
change their rules, they send it to the City for approval so that the City Code matches their practice. Approved
6-0 (Oliver absent)
rim
The meeting was adjourned at 07:05 PM.
City Council Meeting Minutes/
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Mavor Geore Garver
City Council Meeting Minutes/
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Attest:
tb ; Secretar Je Aica Hamilton