Loading...
HomeMy WebLinkAboutMIN 05.26.2009 CC-WThe 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, Pat Berryman, Bill Sattler, Patty Eason Staff Present: Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney, Jessica Hamilton, City Secretary; Jim Briggs, Assistant City Manager for Utility Operations; Thomas R. Benz, Systems Engineering Director, Laurie Brewer, Assistant Director of Finance; Glenn Dishong, Water Services Director; Jordan Maddox, Planner III, Elizabeth Cook, Acting Director of Community Development; Tommy Garcia, Planner II; Rachel Osgood, Environmental Services Coordinator; Ken Arnold, Energy Services Director; Glenn Dishong, Water Services Manager; Mark Miller, Transportation Services Manager; Edward G. Polasek, Principal Planner; ' •I FRI IQ • • ' - • a • • • • i / • A Water/Wastewater Impact Fee Update -- Laurie Brewer, Assistant Director of Finance and Glenn Dishong, Water Services Director Dishong said this is an update on the current water and wastewater impact fees and he reviewed what staff will be covering for the Council. He said state statute requires the City review the fees every five years. He turned the presentation over to Tony Bagwell of HDR Engineering. Bagwell defined "impact fee" for the City Council. He said the purpose of the impact fee is to mitigate rate impacts arising from the capital costs and to help growth pay for itself. He noted whatever amount does not go into an impact fee is paid for through the utility rate by the City's existing customers. He said fees were last updated in October of 2005 and he reviewed those fees. He said they have developed a new planning forecast and said they are calling for a separate wastewater fee. He said the charge to the impact fee review committee was to verify the land use basis underlying the CIP, make sure that the CIP is reasonable, verify that the maximum fee has been reasonably calculated, and define the resultant maximum fee. He reviewed the committee findings which support the planning data and Capital Improvement Plan. He noted the committee approved the calculation of the maximum fees. He reviewed the many maximum fees and noted the increases to those fees were due to construction costs as well as additional treatment needs. He spoke about the maximum water and wastewater fee. He gave Council an anticipated schedule for this issue. Brainard asked and Bagwell said the members of the committee contain non -Council members of the Georgetown Utility System Advisory Board as well as other members who represent the development community and interests. Brainard asked that staff provide the names of the members of the committee to the City Council. Ross asked about the 30% increase in fees and said these numbers were put together once construction costs were rising. He noted construction costs seems to be falling now. Bagwell said their numbers are pretty much in line with what the true cost will be. Ross asked if the City makes money off of impact fees. Bagwell said impact fees help mitigate the affect of growth but does not pay for everything. He noted the City is carrying the cost of installing utilities to lots until those lots sell to developers. Foster said, Citv Council Meeting Minutes/May 26, 2009 Page 1 of 9 Pages when the City calculates impact fees, they are estimated on a 10 year process and there are new projects that are now in that 10 year window that were not there four or five years ago. He noted it is not directly related to construction costs and added the City will not make any money off of the fees. Ross asked and Bagwell agreed affordable housing may be out of reach for people with these impact fees. Eason said, in the Housing Element of the 2030 Plan proposal, impact fee payments are not required to affordable housing projects. Bagwell explained that section of the Housing Element and noted affordable housing pays two third of the regular fees. Ross noted and Bagwell agreed there would stili be an increase in fees whether or not the project is related to affordable housing. Brainard asked and Bagwell said a map could be provided to Council that clarifies the areas in the South Fork basin. Sattler asked and Bagwell described how the City could reduce the costs. There were many questions. B Presentation and discussion on the Road Impact Fee -- Thomas R. Benz, P. E. , Systems Engineering Director and Jim Briggs Assistant City Manager for Utility Operations With a Powerpoint Presentation, Benz reviewed the item and introduced Aaron Nathan of Kimley Horn. Nathan reviewed impact fee basics. He said impact fees are a mechanism to reover costs associated with new development. He said the fee structure is dependent upon how much traffic a certain area receives. He said this shifts infrastructure burden from existing taxpayers to new development. He explained why impact fees are needed. He said, because the City does not currently have a road impact fee, there is a one year vesting requirement. He noted properties that were previously platted will have one year to pay the new fees if they are enacted. He listed the various recoverable and non-recoverable costs. He noted the City's roadways are not a revenue fund and, without an impact fee, the only source of funding is the general fund. He spoke about how impact fees are calculated and explained the process. He spoke about service areas and explained rules of those areas, saying they have to be within the City's corporate limits and they can be no greater than six miles in diameter. He said the fees collected in a service area must be spent on new projects in that same area. He said they are asking Council to act upon the proposed service areas so that Kimley Horn and staff draw up calculations for fees. He showed Council a map of the nine service areas. Nathan reviewed the next steps in the road impact fee process. He said one way to reduce cost is to manage the demand and land use. Sattler asked if it would be good to build roads to be used as an economic development tool. Nathan said they could and noted that is a policy decision that Council can take. He added delivering a roadway project, even with the recent cost reductions, is extremely expensive. Sattler asked and Nathan said cities will rarely charge the maximum impact fees allowed because it would impede upon development happening in the community. Sansing said it makes sense to build new roads and infrastructure while prices are low, but it will still cost the City money and cause tax increases. Nathan said there can be a lot of discussion about how Council constructs its Ordinance to accomodate those type of goals. Mayor asked and Nathan said the impact fee is assessed at the time a plat comes in, but is not paid out until the building permits are received. Nathan said the City is required to credit a developer on improvements they make. Briggs said the impact fees will be developed for system wide improvements and added, most of the internal roads in Sun City would not apply for these fees. Oliver asked and Briggs said impact fees only apply to thoroughfares and not internal roads of the development. C Presentation and discussion on Pavement Management -- Thomas R. Benz, P. E. , Systems Engineering Director, Jim Briggs Assistant City Manager for Utility Operations Benz reviewed the item and said he will update the Council on the City's pavement management. He spoke about infrastructure reporting under the Goverment Accounting Standard Board Statement Number 34 and said, in 2005, the Council decided to take the modified approach rather than the depreciation method, which allowed the City to accept conditions of the road. He said Council set a policy for what level they want the City's roads to reach. He said streets are one of the largest assets for the City. He noted the inventory was completed in 2003 and added the modified approach was adopted in 2005. He spoke about the benefits of a pavement management information system. He spoke about the benefits of a modified approach and added it helps in the City's bond rating and preserves assets in streets and drainage. He said Council adopted the policy to set the Pavement Condition Index (PCI} at 85. He said the PCI was broken down into three levels: good, fair or poor. He defined PCI and noted it is the general condition of the pavement. He gave Council examples of roads in good, fair, and poor condition as well as a sample budget projection for pavement management. He showed Council the budget needed in order to keep the City at an 85 PCI. He reviewed the treatment selection process depending on which rating the street falls under. Benz said, overall, Georgetown's streets are in good condition and the City received a 93 PCI rating. Benz said new streets from annexations tend to help the City's score. Berryman asked and Benz said, when the City takes over the TXDOT roadways, it hits the score at a higher level. He noted a higher classified road is rated at a better level. He said the City will have to focus the maintenance dollars on those major arterials and higher level City Council Meeting Minutes/May 26, 2009 Page 2 of 9 Pages classification of roadways. Oliver asked and Benz said, every three years, the City does an inventory of all of the streets. Benz said the City takes a snapshot every three years of all of the roads in the City and, over that three year period, staff works on the roads that need the most attention. Brainard spoke about the sample budget projection graph that was given to the Georgetown Transportation Advisory Board at a past meeting. Brainard said and Benz agreed taking ownership of Williams Drive will have a significant impact and liability on the City's PCI rating. Benz said it will take a lot more money to maintain that road. Sattler asked and Benz said, when the City does its inventory, it stores the information in a pavement management program and database. Sattler asked and Benz said staff could look in that database to find out the scoring and see if it's within the five year CIP. Mayor asked and Benz said all of the information put into the database is very accurate. He noted, prior to putting the streets on a CIP, staff will go out and visit the sites in person. Berryman asked about all of the City's major thoroughfares and Briggs said the Clty is not obligated to take on those roads once the City hits 50,000 in population. There was much discussion. Council recessed to Executive Session under Sections 551.071 and 551.074 -- 5:00 p.m. Council returned to Open Session -- 6:05 p.m. Regular Session = To begin no earlier than 06:05 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.) D Call to Order Comments from the Mayor - Welcome and Meeting Procedures - Airport Advisory Board Applications Mayor said the City is accepting applications to fill a vacancy on the Airport Advisory Board. City Manager Comments . City swimming pools are officially open for the summer. Please check the City's website at http://aguatics.georgetown.org for more information regarding pool hours. - The 2009 Festival of the Arts will take place May 30 -June 7, 2009. For more details, please contact the Georgetown Symphony Society at 639-0433 or visit their website at http://www.gtownfestival.org/schedule.htmi Action from Executive Session There was no action from Executive Session. Public Wishing to Address Council 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 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 512/931-7715. E - 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. F Consideration and possible action to approve the minutes of the Council Workshop held on Monday, May 11; and the Council Meeting held on Tuesday, May 12 -- Jessica Hamilton, City Secretary G Consideration and possible action on a Public Review Final Plat for 6.235 acres in the Eaves Survey for a City Council Meeting Minutes/May 26, 2009 Page 3 of 9 Pages portion of Neighborhood 61, to be known as the Sun City Softball and Dog Park, located near the intersection of Sun City Blvd and S.H. 195 -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director of Community Development H Consideration and possible action on a Preliminary Plat for a Resubdivision with a waiver to Section 6.03.020 of the Unified Development Code, for 0.43 acres being further described as Crestview Addition, Block 2, Lot 1 (s/pt), and a 0.12 -acre portion of former Oak Lane right-of-way, to be known as RCD Properties, LLC Subdivision, located at 1623 Rivery Blvd -- Tommy Garcia, Planner II and Elizabeth Cook, Acting Director of Community Development K Consideration and possible action to approve the renewal of the agreement for bid tracking software license from IonWave of Springfield, Missouri in the amount of $25,200 over a three year period -- Marsha Iwers, Purchasing Manager and Micki Rundell, Chief Financial Officer L Consideration and possible action regarding the recommendation by the Convention and Visitors Bureau Board for the approval of an allocation of $2,000.00 in Hotel Occupancy Tax (HOT) funds to Fury Basketball for help in the cost of promoting their tournaments, as well as providing hospitality for the attending coaches and tournament volunteers -- Cari Miller, Tourism Manager M Consideration and possible action to approve a Resolution documenting the City of Georgetown's support and acceptance of a grant from TxDOT to fund various safety and rehabilitation improvements to the Georgetown Municipal Airport -- Travis McLain, Airport Manager and Paul Brandenburg, City Manager Motion by Berryman, second by Brainard to approve the Consent Agenda with exception of Items I and J which were pulled to the Regular Agenda. Approved 7-0 Council will individually consider and possibly take action on any or all of the following items: Consideration and possible action to approve a Master Services Agreement with Alan Plummer Associates, Inc., of Austin, Texas, for professional engineering services -- Thomas R. Benz, P. E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations. Sansing said, in regard to Items I and J, he can not in good faith recommend Allan Plummer for an engineering project. Secretary He expressed his opinion about the history of the company. J Consideration and possible action to approve a Task Order No. APA -09-001 with Alan Plummer Associates, Inc., of Austin, Texas, for professional engineering services for developing the Storm Water Management Program; Phase II MS -4 Permit in the amount of $48,900 -- Thomas R. Benz, P. E., Systems Engineering Director and Jim Briggs, ACM for Utility Operations Sattler said he has concerns regarding the scope of work. He asked why the City is looking at this project before information is gained from the 2010 Census. He said, before the City spends $48,900, the City should do more research and gain a more defined scope of work. Mayor asked and Benz said both I and J were under the limit and did not go to the Georgetown Transportation Advisory Board. Benz explained why staff is recommending these items and said this is a regulatory requirement and said the City is trying to minimize the cost with this requirement which will take place once the City hits 50,000. He noted this will give staff the steps to move forward and get a handle on the cost associated with the program. Motion by Brainard, second by Sansing that items I and J go to the Georgetown Transportation Advisory Board. Sansing made a friendly amendment that it include options for other engineering firms as well. Brainard accepted that as a friendly amendment. Approved 7-0 N Consideration and possible action to approve amendments to the Planning and Zoning Commission Bylaws -- Elizabeth Cook, Acting Community Development Director Cook said this is a request from the Planning and Zoning Commission and added the changes are clean up items. He said these amendments change the name of the group to a Commission instead of a Board, it adds a Secretary to the Commission, as well as modifies the definition of their consent agenda items. She said the Chairman of the Planning and Zoning Commission is present if there are questions. Mayor asked and Cook confirmed these amendments just address current processes already in place. City Council Meeting Minutes/May 26, 2009 Page 4 of 9 Pages Sansing asked about Section 5.6 and how the Commission should report to the Council and how Council should also report back to the Commission. Cook said this is existing language and added Commission is looking into how they can act upon that section. Eason asked about the position of Secretary and noted staff is usually the ones who take the actual minutes. Cook said the Commission has had a Secretary for some time even though it is not in their bylaws and added the Secretary is just the signatory for the official minutes document. Mayor recognized Don Padfield, the Chair of Planning and Zoning Commission. Speaker, Padfield, thanked Council and confirmed staff does do the recording work for the Commission. He said this new section distinguishes between the office of Secretary and the recording of information. He said the Commission would like to entertain some thoughts on how to communicate with the Council as well as the idea of holding annual meetings. He noted there is a lot of new membership on the Commission and they want to outline everything as clearly as possible. Sattler asked and Padfield said the Commission usually receives their agenda three or four days before the meeting. Berryman thanked Chairman Padfield for his leadership. Motion by Sansing, second by Berryman to approve the amended bylaws. Approved 7-0 O Consideration and possible action to confirm the City Manager's appointment to fill the current vacancy of Police Chief on an Interim basis -- Kevin Russell, Director of Human Resources and Civil Service Brandenburg said Chapter 143 requires that each Police Department Head be appointed by the municipality's Chief Executive and confirmed by the municipality's governing body, the City Council. He said, over the past year, the Police Department has gone through a very trying time. He noted it is time to move forward, repair, and rebuild. He said there are many wonderful men and women within the ranks of police officer and noted what they need now is a leader. He said it his the recommendation to appoint Lieutenant Brent Schacerl as Interim Police Chief. He explained why Schacerl is the best person for the job. Schacherl said he would like to thank Council for the honor and noted it will be a difficult endeavor to bring stability back to the Police Department. He said he can tell Council with confidence that he has the skills and talent to get that endeavor started and maintained it until a new Chief is put into place. Motion by Ross, second by Sansing to approve the appointment. Approved 7-0 P Forwarded from the Georgetown Transportation Advisory Board (GTAB): Discussion and possible action to define service areas for the Road Impact Fee with Kimley-Horn and Associates, Inc., of Austin, Texas --Thomas R. Benz, Systems Engineering Director, Jim Briggs Assistant City Manager for Utility Operations Benz described the item and said a presentation was given to Council earlier on Road Impact Fees. He said this item defines the service areas which will then define fees for those different areas. Motion by Brainard, second by Berryman to approve the service areas as identified by staff. Sattler asked and Benz confirmed these nine service areas are no different from the ones shown to Council at Workshop. Sattler asked and (Nathan said there were nine total and listed three areas where there is no fee anticipated. Approved 7-0 Q Forwarded from the (Georgetown Utility System) GUS Advisory Board: Discussion and possible action to extend the existing brush grinding contract between the City of Georgetown and Austin Wood Recycling (AW R) of Cedar Park for routine brush grinding services at the Collection Station for one year -- Rachel Osgood, Environmental Service Coordinator and Jim Briggs Assistant City Manager for Utility Operations Osgood reviewed the item and said, at the July 22nd, 2008 meeting, Council approved the first brush grinding contract with Austin Wood Recycling. She noted the current contract expires on June 30th of this year. She said staff is requesting approval for the extension of the contract for a second one year period. She said they have been a very satisfactory vendor. Motion by Eason, second by Berryman to approve the extension. Ross asked and Osgood stated no Georgetown vendors bid on this project and she listed those vendors that bid. Brainard asked and Osgood explained the financing for this item. Brainard asked and Osgood said the vendor provides all necessary equipment for this service. Brainard asked and Osgood said Texas Disposal Systems (TDS) was asked to bid on this and they did not provide a competitive rate for this service. Sansing asked and Osgood said the City offers a good service for its citizens to come and get double ground mulch. Berryman said she dropped off brush and noted the pile was huge. Osgood described the current brush service available for Georgetown residents. Mayor asked and Osgood said it may be possible to sell the mulch and added she could City Council Meeting Minutes/May 26, 2009 Page 5 of 9 Pages certainly research the issue. Eason said one of the issues is that it costs an entity money in order to turn brush into a saleable product. There were many comments. Vote on the motion: Approved 7-0 R Forwarded from the (Georgetown Utility System) GUS Advisory Board: Discussion and possible action to apply for the Weatherization Aid and Solar Energy Assistance Program -- Ken Arnold, Energy Services Director and Jim Briggs Assistant City Manager for Utility Operations Arnold described the item and corrected the price which was stated on the agenda item cover sheet and added the cost is actually $19,000 less. He gave a brief history of this item and noted there is going to be $3.6 billion in funds available through the Department of Energy for cities with populations over 35,000. He said the Department is giving the City over $200,000 and asked the City to submit a strategic plan of how to implement the program. He noted Briggs directed Arnold to look into putting something together for this program. He said the Weatherization Aid program will be aimed at households with a combined salary of $60,000 or less. He added the Solar Assistance Program will help people who are interested in adding solar energy to their homes. He said this was taken to the Georgetown Utility System Advisory Board and noted it was unanimously approved. Motion by Sansing, second by Eason to approve the application. Sattler asked and Arnold said himself and Kathy Ragsdale will be the primary contacts for the City. He noted Walter Koopmans will be the technical assistance contact. Sattler asked and Arnold said a person who wants to apply for one of these programs should call Kathy Ragsdale. Arnold said Finance would be the focal point for taking the first application and review. Sattler asked and Arnold said the City will notify citizens when these programs are available. Arnold said the deadline to submit this application to the Department of Energy is June 20th and noted he believes the City has a good plan. Sansing asked and Arnold confirmed this works in conjuction with the housing repair program. Briggs said, in order to maximize the funds, the City will use the housing repair funds in conjuction with this program. He said this will all be done together to make it one complete project. Briggs added these new programs will only be supplementing the housing repair program that is already available. Berryman asked and Briggs confirmed the City already does a weatherization analysis for any home in the City. Oliver asked and Briggs said this is two programs, one for Weatherization and the other for a rebate program for people who utilize solar energy. Vote on the motion: Approved 7-0 S Forwarded from the (Georgetown Utility System) GUS Advisory Board: Consideration and possible action to approve an agreement for the delivery of non -potable water between the City of Georgetown and the Sun City Texas Community Association -- Glenn Dishong, Water Services Director and Jim Briggs Assistant City Manager for Utility Operations Dishong described the item and said the City is delivering non -potable water from the Edwards Acquifer to the Sun City golf courses. He said, with the completion of a new pipeline, it is now possible to send and use reclaimed water for that service. He said the agreement fulfills a requirement set out by TCEQ. Motion by Berryman, second by Sansing to approve the agreement. Sansing asked and Dishong said this will not cause a change in cost. Approved 7-0 T Forwarded from the (Georgetown Utility System) GUS Advisory Board: Consideration and possible action to approve a construction cost sharing agreement between the City of Georgetown and Aldea Partners for a wastewater line extension related to the Sonrisa Development in an amount not to exceed $218,162.00 -- Thomas R. Benz, P. E. , Systems Engineering Director and Jim Briggs Assistant City Manager for Utility Operations Dishong described the item and said the extension to this development will be fulfilling the City's obligations for the 2006 annexations. He said the timing on this project will bring the extension online in 2011. He said this was approved by the GUS Board. Motion by Sattler, second by Berryman to approve the cost sharing agreement. Sansing asked and Dishong said this extension is along Williams Drive near Landscape Nursery. Ross asked and Dishong said Aldea is paying for this project upfront and they have the natural incentive to spent as little money as possible. Approved 7-0 U Forwarded from the (Georgetown Utility System) GUS Advisory Board: Consideration and possible action to award a contract to Joe Bland Construction, LP of Austin, Texas, for the construction of the Rock Street Wastewater Extension and Paving Rock Street Pedestrian Crossing in the amount of $1,001,262.00 -- Thomas R. Benz, P. E., Systems Engineering Director, Jim Briggs, ACM for Utility Operations Benz said this was forwarded both from the GUS Board as well as the General Government and Finance Subcommittee. He described the item and said this is three projects in one. He went over the history of the City Council Meeting Minutes/May 26, 2009 Page 6 of 9 Pages three projects and noted the price for these projects came within budget. Motion by Sansing, second by Eason to approve. Approved 7-0 V Second Reading of an Ordinance amending section 10.16.030 of the Code of Ordinances establishing a two hour zone on the west side of Church Street between 7th and 8th Streets and both sides of 9th Street between Main Street and Austin Avenue, and the south side of 8th starting at the east curb line of Church Street to a point approximately 75 feet to the west -- Mark Miller, Transportation Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller described the item and read only the caption of the Ordinance on second reading. He said the Ordinance is a result of evaluating the expansion of the 2 hour parking zones in the downtown area. He said staff did a survey and noted these three areas were favorable for the 2 hour parking zone. Motion by Sansing, second by Eason to approve Ordinance 2009-29. Approved 7-0 W Second Reading of an Ordinance Annexing into the City for 0.73 acres, more or less, in the Burrel Eaves Survey, Abstract 229, for Sun City Softball Field, located north of Sun City Boulevard and southeast of the Community Gardens -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Acting Director of Community Development Polasek described the item and said this annexation will provide the area for a new ball field. He said this Ordinance has gone through the public hearing and first reading process. He read only the caption of the Ordinance on second reading. Motion by Sattler, second by Berryman to approve Ordinance 2009-30. Approved 7-0 X Second Reading of an Ordinance Annexing into the City for 7.47 acres, more or less, in the Burrel Eaves Survey, Abstract 229, for Sun City Softball Park, located north of Sun City Boulevard and west of State Highway 195 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Acting Director of Community Development Polasek reviewed the item and read only the caption of the Ordinance on second reading. Motion by Sansing, second by Eason to approve Ordinance 2009-31. Approved 7-0 Y Second Reading of an Ordinance for a Rezoning to amend and increase the acreage of an existing PUD, Planned Unit Development, for 25.43 acres in the Burrell Survey, located on Sun City Boulevard, to be known as Sun City Neighborhood 61, including the Softball Park and future residential -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director of Community Development Maddox reviewed the item and said this rezoning will allow for the Softball Park. He read only the caption of the Ordinance on second reading. Motion by Sansing, second by Oliver to approve Ordinance 2009-32. Approved 7-0 Z First Reading of an Ordinance amending current water rates and pricing blocks to fully recover the cost of water service, and encourage water conservation and reduction of peak water demand -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Chief Financial Officer This item was pulled by staff. AA Public Hearing and First Reading of an Ordinance for a Rezoning to OF, Office District for 0.12 acres in the N. Porter Survey, being former Oak Lane right-of-way, also known as RCD Properties, located at 1623 Rivery Boulevard -- Tommy Garcia, Planner II and Elizabeth Cook, Acting Director of Community Development Garcia described the item and said this is former right of way that is no longer being used. He said staff is platting this area into one large lot in order to build office development. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Public Hearing was opened at 6:56 p.m. No persons were present to speak. Public Hearing was closed at 6:56 p.m. Motion by Sansing, second by Berryman to approve the Ordinance on first reading. Approved 7-0 City Council Meeting Minutes/May 26, 2009 Page 7 of 9 Pages BB Public Hearing and First Reading of an Ordinance to amend the Unified Development Code (UDC) Section 1.14 "Downtown Design Guidelines"; Table 2.01.020 "Summary of Review Authority"; Section 2.04.010.A "Final Action"; Section 3.03.010.E "Content of Notice"; Section 3.03.030.D "Record"; Section 3.08.050.) "Expiration of Preliminary Plat"; Section 3.08.070.F "Expiration of Final Plat and Plans"; Section 3.09.030 "Criteria for Approval"; Section 3.09.070 "Site Related Construction Plans"; Section 3.17.030 "Criteria for Approval"; Section 3.19.060.A "Engineering Study"; Section 4.04.030.A.5 "Development Plan"; Section 4.05.040.A "Establishment'; Section 4.06.020.G "Landscaping and Buffering"; Section 9.03.020.D "Surfacing and Maintenance'; Section 9.04.010 "Minimum Number of Spaces"; and Section 16.04 "Definitions of Uses"; and to add Section 9.03.020.F "Parking" -- Elizabeth Cook, Acting Director of Community Development Cook said this is a series of items and is the first round of the annual Unified Development Code (UDC) updates. She noted a lot of these are clean-up items that are simple and straightforward. She reviewed the various proposed amendements. She said, in the draft Ordinance, there is language proposed by the Planning and Zoning Commission as well as by staff defining the term "pavement." Cook read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:03 p.m. No persons were present to speak. Public Hearing was closed at 7:03 p.m. Motion by Sansing, second by Oliver to approve the Ordinance on first reading using the original language recommended by staff for the definition of "pavement." Sansing asked and Cook confirmed these amendments went through the normal review process. Oliver asked and Cook clarified the the pavement issue and said staff is recommending the original amendment and not the one proposed by the Planning and Zoning Commission. Eason said she has worked on this before and asked if the pavement section is flexible enough to use bricks or large flagstone as a parking surface. Cook said yes, as long as there is a proper base and placement. Eason said she thinks this is a much better option and added she likes the ability to be able to use different types of pavement. There were many questions. Vote on the motion: Approved 7-0 CC Discussion and possible direction to staff to research changes in policy regarding administrative approvals from the Planning Department -- Gabe Sansing, Councilmember District 2 Sansing said this item is an effort to try and keep the Council agendas from getting too long. He said he is curious about items that could be administratively approved by staff or the Planning and Zoning Commission. He said it was suggested that those type of items go on Consent instead of the Regular Agenda. Motion by Sansing, second by Ross to direct staff to put administrative items on the Consent agenda. Berryman made a friendly amendment to specify platting items. Ross asked and Carls said Council must approve the plats. Sansing noted it may be a good idea to enact an Ordinance the would allow the Planning and Zoning Commission to approve certain items. Cook said staff is looking at this issue. Mayor said the current motion could be an interim solution before Cook comes back to Council with more information. Berryman said keeping the items on the Consent agenda would follow more closely with the Charter. Sansing noted there is an option to create an Ordinance without changing the Charter. Vote on the motion: Approved 7-0 DD Consideration and possible action to reappoint Patty Eason to the Animal Shelter Advisory Board -- Mayor George Garver Mayor described the item and said Eason's position is expiring this month. Motion by Sattler, second by Oliver to approve the reappointment. Approved 7-0 EE Consideration and possible action to appoint Christy Hullum as Chair of the Animal Shelter Advisory Board -- Mayor George Garver Mayor described the item. Motion by Ross, second by Sansing to approve the appointment. Approved 7-0 FF Consideration and possible action to appoint Mary Treuter to the Animal Shelter Advisory Board to fill a vacancy left by a resignation -- Mayor George Garver Mayor described the item. Motion by Ross, second by Sansing to approve the appointment. Approved 7-0 Motion to adourn. Meeting adjourned at -- 7:16 p.m. City Council Meeting Minutes/May 26, 2009 Page 8 of 9 Pages Adjournment The meeting was adjourned at 07:16 PM. City Council Meeting Minutes/May 26, 2009 Page 9 of 9 Pages