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HomeMy WebLinkAboutMIN 01.27.2009 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. Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council present. Sattler, Pat Berryman, Dale Ross, Ben Oliver Staff Present. Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Micki Rundell, Director of Finance and Administration; Jim Briggs, Assistant City Manager for Utility Operations; Clay Shell, Interim Fire Chief; Elizabeth Cook, Interim Community Development Director; Jessica Hamilton, Assistant City Secretary; Leticia Zavala, Controller; Tommy Garcia, Planner 11; Jordan Maddox, AICP, Planner 111; Robbie Wyler, Historic District Planner; David Morgan, Police Chief; Ed Polasek, AICP, Principal Planner;' Kimberly Garrett, Director of Parks and Recreation; Glenn Dishong, Water Services Director Regular Session = To begin no earlier than 06.06 PM (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 Comments from the Mayor . Welcome and Meeting Procedures City Manager Comments He will be holding Customer Service Training to all City of Georgetown employees this week. The City will hold elections for City Council seats for Districts 1, and 5 on May 9, 2009. The first day to file for candidacy is February 6, 2009, and the last day to file for candidacy is March 9, 2009. The City celebrates the Grand Opening of the new Recreation Center on Saturday, January 31. Ceremonies start at 10 a.m. followed by facility tours and demonstrations. Memberships also will be on sale at the Grand Opening. Regular use of the facility begins on Monday, February 2. Planning Director Elizabeth Cook has been appointed Acting Community Development Director of the City of Georgetown. Action from Executive Session Motion by Berryman, second by Oliver to authorize the Assistant City Mgr of Utility Operations to prepare and file public comments and a request for contested case hearing with the Texas Commission on Environmental Quality in the matter of the application of 3 B&J Wastewater Company, Inc. for a permit to discharge treated domestic wastewater (TCEQ Proposed Permit No. W00014911001) Approved 7-0 Motion by Berryman, second by Eason that the City Council authorize the City Manager to proceed with City Council Meeting Minutes/January 27, 2009 Page 1 of 10 Pages negotiations concerning the acquisition of property within the Williams Drive Gateway, including McCoy Elementary, on the terms and in the manner outlined by the City Manager in Executive Session last night, and to report back to City Council regarding the same. Approved 7-0 Motion by Berryman, second by Sansing that the City Council direct the City Manager to prepare a proposal addressing the possible sale of the Old Albertson's Building, and to also prepare an updated City Facilities Plan that addresses the impact of the possible sale of that building on the City Facilities Plan, and to bring both items back to City Council for further review. Approved 7-0 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 subiect not posted on the aqenda: 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 already posted on this 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 held on Monday, January 12 and the Council Meeting held on Tuesday, January 13, 2009 -- Jessica Hamilton, Assistant City Secretary D Consideration and possible action to award the bid for the concrete slab for the Police evidence storage building to Champion Site Prep in the amount of $49,700.00 -- Terry Jones, Support Services Construction Manager and Mick! Rundell, Director of Finance and Administration Sansing asked and Jones said the building is going to be constructed where the old Animal Shelter used to sit at 1101 N. College St. E Consideration and possible action to authorize application for equipment grant for $14,000.00 from the Firehouse Subs Public Safety Foundation -- Clay Shell, Interim Fire Chief F Consideration and possible action to authorize application for a Training Grant for $6,200.00 from the Texas Commission on Fire Protection -- Clay Shell, Interim Fire Chief G Consideration and possible action to approve Change Order #2 to expand the scope of the contract with Central Road and Utilities, Ltd., for the 16 -inch Irrigation Water Lane and Irrigation Water Pump Station Improvements to include the addition of one 650 gpm pump at the Airport Irrigation Pump Station at a cost of $47,560.00 -- Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manager for Utility Operations Motion by Sansing, second by Berryman to approve the Consent agenda in its entirety. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: H Discussion and possible direction to staff as a follow up to Monday's workshop regarding CARTS Phase 1 and potential Phase 2 pilot program regarding the interlocal agreement to provide transit services -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek showed Council the CARTS pilot program report. He reviewed the discussion from Monday's Workshop and went through the original program request from last year's budgeting process. He said the original request was to have 4 buses, 6 routes, and 7 months of service starting on March 1, 2009, which had a total budget request of $529,725. He said the original program request was not funded, but $75,000 was approved to study or develop a business plan for the bus/transit services. He noted, at the October 14, 2008 City Council Meeting Minutes/January 27, 2009 Page 2 of 10 Pages Council meeting, staff was directed to take that money and start a pilot program to test transit. He said, on November 11, 2008, the City Council approved 600 hours of service, or $30,000, for the Phase One pilot. He said staff and CARTS had the program up and running the day after Thanksgiving. He spoke about the ridership statistics and reviewed the total costs of the program to date. He said the fare box has collected $813 so far and noted the total cost to the City at $50 an hour has been $21,850. He added the cost per rider is $14.81. He noted the total interlocal cost of phase one is $29,925, leaving a balance of $45,075. He spoke about the cost of publicity and signage. Polasek said the Transit Fixed Route Working Group has been working on a proposal for Phase Two. He noted March 2, 2009 is the earliest start date for the proposal. He said CARTS is recommending a 2 bus system that would have a direct line from Sun City that would have a transfer point to the Southeast area of town. He referred Council to the proposed stops. He said the Phase Two pilot program proposal is to run two buses at 12.5 hours per day, running 8am to 8pm. He said this would provide 25 hours of service per day which would cost $1,250. He said, with the current balance, the City will only have 36 days of service for the Monday -Saturday service. He noted the City needs to take into account the cost of publicity and signage. He summarized the City Council decision items including the issue of interim service, the funding source for signage and publicity, length of service for Phase 2, and the funding source for future phases. He listed the various proposals and the costs of each. He said the first proposal is for three month service for phase two as proposed by working group. Speaker Alexis Kropf, a student at Southwestern, said she does not have a bicycle or a car and she is part of the environmental group at class. She said there is a lot of support for this transportation system at Southwestern. She noted there are a lot of students who would use this program. Speaker, Emily Northrop, said she thinks it is time that, both personally and collectively, the City should put themselves out to be better stewards of the environment. She said she works at Southwestern and she is in strong support of the line that would support the students as well as the Boys and Girls Club and Stonehaven. Speaker, Lalena Parkhurst, said she is at the meeting to support the idea of having a bus system. She noted she volunteers at the Boys and Girls Club and works at the school district and she sees the need for a transit system in Georgetown. She said one of the issues is safety and she feels the City does not have enough sidewalks for pedestrians. She added, therefore, people are walking in dangerous areas. She said places that have public transit allow citizens to participate more in the community. She said public transit is the "gift that keeps giving." Speaker, Sherry Dana, said she would like to encourage the Council to remember that a network exists in Sun City which encourages citizens to use this system. She said, because the buses do not arrive every 20 or 30 minutes, the rider will find it difficult to figure out when the next bus may come. She noted many Sun City residents have the leisure time available to use the bus for a trip downtown in order to demonstrate the need in their area. She asked that Council allow sufficient time to determine usage in this area. Speaker, Eunice Blarr, said she is at the meeting to represent the 142 people who live at Wesleyan. She said she wanted to speak about modifying the current Sun City route to include a stop at Wesleyan. She noted many residents of Wesleyan maintain active ties to the community and added they will utilize the system well. She summarized the many ways the residents would use the public transit system. She noted safety, quality of life, and the benefits to the community. Speaker, Jack Hackmeister, said he owns Chupa Rosa on the downtown square. He said he is a member of the Downtown Georgetown Association and he said he is shocked that the Phase Two route does not go downtown. He noted the square does not have a lot of parking and said he would like Council to consider a direct stop from Sun City to downtown. He said he knows that Council would like for this system to pay for itself, but he asked how sidewalks and lanscaping pay for themselves. He spoke about the indirect way the bus system would pay for itself. Speaker, Michael Martin, said he could not help coming forward to support the transit program. He said the Sun City residents who take the shopper shuttle to Wolf Ranch are very excited and pleased about the service. He spoke about the way Sun City residents have to walk to the grocery store as well as for other errands. Speaker Lorena Saenz, a student from Southwestern, said with this system Georgetown has the ability to become a leader in environmental stewardship. She noted the system would help improve traffic congestion on University Avenue. She said this would result in better air quality and, thus, better health. She said some of those who have cars could make sacrifices and use the bus more often. She added those who do not have cars could get out, shop, and stimulate the economy. She asked about the publicity for the transit system. Speaker, Randall Craig, said he fully supports an expansion of the transit system. He noted he was surprised by the route choice of Phase One. He said the preferred route would be similar to the phase two route in the southeastern area of the City. He noted there will be people who would rely on and depend upon this service. City Council Meeting Minutes/January 27, 2009 Page 3 of 10 Pages He said he does not think the full benefit of this program will not be felt until all routes are expanded and there is connectivity between them. Speaker, Paulette Taylor, said she remembers 1962 when she had to walk everywhere in Georgetown. She noted she has longed to live to see a transit system in Georgetown. She said she has heard ridership has increased and it will continue to do so. She noted, in Old Town, the children run out of the sidewalks onto the streets and said, even though the City is opening a new recreation center, there is no accessibility. She said this is not just a transit system, and added it will be providing educational needs and opportunities for volunteering. Speaker, Naomi Walker, said the Housing Authority supports the transit system. She spoke about the many charitable organizations and centers that could benefit from a transit system. She asked that Council to consider a permanence of a transit system in Georgetown. Sansing said, with the money the City is spending, it could buy a bus for the Boys and Girls Club. He noted this is a lot of money, but this is definitely something the City needs to do. He said he would like to suggest the City give a little more thought to the routing and who needs what at what times. He added the Working Group needs to study the real needs of the community. He said, rather than throwing money at pilot studies, the City should come up with a way to fund a full system. He said he spoke to people in passing and everyone has said this service is needed, but the,question is whether or not the City can afford it. He noted he agrees this program will grow into itself. Oliver asked about what the Working Group did to identify the routes and also asked about the funding source. He added he thinks it is important to continue with the pilot program which will discover the strengths and weaknesses of the system. Polasek said the Public Transit Working Group worked with CARTS and TXDOT and looked at what would generate the most benefit to the City. He explained why the Working Group chose the shopping shuttle for Phase One and the Southeastern portion of the City for Phase Two. He spoke about gauging participation out of Sun City residents and charitable organizations. He said the Working Group has done as much studying as possible and added staff has documents of all of the findings. He said the Group struggled to come up with a one hour route. Eason said the original study was to come up with 5 or 6 routes over 7 months and she added it is not possible to accomplish all of that in a pilot program. She agreed with Sansing and said it would be great to add more routes, but that it has to be with a complete system. She said the Working Group had to pick routes that would demonstrate ridership and they chose the locations that could handle, and respond to, the information Council was seeking. She said the Working Group decided the best way to handle Phase Two was to continue Phase One service and add service to create more ridership. She said she is proud of the effort the Working Group has put into this program. Oliver asked and Brandenburg confirmed there is money available this year to move on to an additional phase. Ross said the only thing Council has approved is $75,000 and the three phase pilot system. He noted the Council does not have enough money to finish Phases Two or Three. Ross said the program would originally cost $75,000 and Eason said that amount was for hiring a consultant to do a study, but Sattler changed it and said the money should go toward a pilot system. Sattler said he thought each of the three Phases would be three months long and Council approved additional funds for Phase One because the hours were increased because of the holiday season. Berryman asked and Polasek said the City approved spending $75,000 on a pilot and the Working Group was to fund up to three Phases. He added there was a motion in October to add funding from the siren system so that each of the three phases could be three months long, but that did not pass. Polasek said staff knew that $75,000 would not fund what Council wanted. Sattler said the program was created to show Council ridership and he has seen the numbers from Phase One. He added it has had peaks and valleys and he noted citizens have been concerned about seeing empty buses. He said it may take three or four phases to find out exactly what is needed. He encouraged the City to run the tests and gather equal amounts of information. He said the data he has received so far does not justify a full bus system. He said he is recommending the Council proceed with Phase 2 as was originally proposed and then proceed to Phase Three if needed. Brainard said, before he voted for a pilot program, he voted for a business plan. He noted his hope for that plan was to reveal information on the experiences from other City's who have tried to start a bus system. He added he also wanted to receive information on who is most at need for this type of program and he wants more information. He said, without more information, a bus system would be costly to the City. He said, with the current state of the economy, the good thing to do would be to not commit money to this project. Berryman asked and Brandenburg said, with a $500,000 deficit in next year's budget, the only way to fund the transit system would take leftover funds from other programs. She asked why Council would recommend to fund a study and not a viable transit system. Rundell said the deficit is for the next fiscal year and it is a policy compliance deficit. She said they anticipate an excess of $500,000 to be used for one-time expenses. Rundell noted, next year, the issue will be about policy compliance and the City can not use excess funds from this year City Council Meeting Minutes/January 27, 2009 Page 4 of 10 Pages to help next year's deficit. She said there is not a problem for this year because there are excess monies from prior years to fund the potential shortfall. Berryman said fiscally responsible government goes toward funding important services, but it is unimportant to fund pilot programs and studies that will not end in an ongoing policy change. Berryman said her heart wants to do this program, but her head said it is not fiscally responsible. Motion by Eason, second by Oliver to approve proposal number one, the three month service for phase Two as proposed by the Working Group, providing the interim service, providing the signage and publicity, providing the three month Phase Two and using $64,475 from the contingency fund out of the sirens project that failed in order to fun a complete Phase Two. Ross asked and Eason said this would make the total cost of almost over $139,475. Oliver said it is important to do Phase Two as proposed because the City needs to test the system with an interchange. He said he feels this would give Council better data than an isolated route. He said it is important to note that it is difficult to turn pilot programs into full programs, and it will be difficult in next year's budget, but he does not think that is a good reason to stop this test. He noted the data from the first test is worthless without a second test and added the additional money is called for. Sansing said Berryman is correct in asking if the City can transfer monies from this year to next year. He said it is important to have the bus service, but he agrees with Sattler that it is critical to gather more information and make the system to where it is the best use for a single bus. Ross said he is in support of using the $45,000 available now to get a study in Phase 2 and then, after that, evaluate and see if there is money to fund a third phase. Sattler said he can not support proposal one and added he is leaning more toward using the $45,000 to create a second Phase that is modified to gain the best ridership and routing possible. Eason said, if the City were following through with Ross and Sattler's suggestion, the City would only move forward with one route. Eason said Sattler is essentially proposing to stop the route to Sun City and only do a study of the Southeast portion of the City. Vote on the motion: Denied 5-2 (Brainard, Sansing, Ross, Sattler, Berryman opposed) Motion by Sansing, second by Brainard to follow through with the originally planned Phase Two Southeast route using one bus that would eliminate the Sun City route at this time and use the $45,000 to run the Phase for 90 days. Berryman asked if the Working Group could research how best to plan the Phase Two route with the $45,000 available. She said Phase Two would give Council more information on school children, Girls and Boys Club, and the statistics that were originally planned for Phase Three. Berryman made a friendly amendment that the City move forward with the expanded second route of Phase Two, without using the Sun City route, and to give flexibility to this second route in order to provide as much service as possible to the Southeast side of the City. Brainard asked and Berryman explained what she meant by "expanded" route. Sansing approved the amendment. Sansing said the Wesleyan is a definite in terms of ridership if the City goes to a full system, but it will not be included in this pilot. Sattler asked and Sansing said he would defer to the committee as to what days and times the buses should run. Brainard said his interest is obtaining the best information possible while using the available $45,000. There was much discussion. Mayor asked and Polasek said, if this motion is approved, staff would have to meet with the Working Group and CARTS in order to draw up a Notice to Proceed. He added the start date will also be pushed. Eason said she is going to vote for this, but she wants Council to understand that the combined routes were created because of the construction on W Illiams Drive. She added it would create more access to different parts of the City. She said this new motion will have an affect on ridership because the destinations are being reduced. Sattler said Phase Two, route two includes Wolf Ranch, HEB, the Caring Place, and the hospital. Sansing added flexibility has been given to the Working Group to add those possible stops. Vote on the motion: Approved 6-1 (Oliver opposed) Meeting recessed at 7:53pm Meeting resumed at 8:OOpm Consideration and possible action on a Resolution releasing Extraterritorial Jurisdiction property located North of Ronald Reagan Boulevard for development of a Municipal Utility District -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Brandenburg said there was an Executive Session about this discussed at the last meeting and the action has been pulled until a later date. J Review and possible direction to staff regarding contracting with an independent agency in order to conduct inspections of carnival/circus rides with any cost related to such a service being passed through to the applicant via a permit fee - - Clay Shell, Interim Fire Chief Shell reviewed the research given to Council. He said he spoke with the Texas Department of Inspections on this issue. He said inspectors make sure that carnivals have the required copies and that all rides have the appropriate inspection stickers. He referred Council to the two recommended options provided by staff and reviewed the important points of each Option. He spoke about preliminary costs, saying it would be around City Council Meeting Minutes/January 27, 2009 Page 5 of 10 Pages $100 per ride inspections for a local contractor or an $800 per day fee for out of area contractors. Berryman asked and Shell said the contractor could bring City inspectors with them to the inspection in order to show them what to look for and how the rides are set up. Shell noted this will not mean the City inspectors will not be certified. Motion by Berryman, second by Oliver to move forward with Option One given to Council that the City of Georgetown Event Committee ensure that carnivals and amusement park events are in accordance with City of Georgetown's Event Ordinance and State requirements prior to issuing a permit. Berryman asked Shell explained the differences in charges between Option One and Two. Brainard asked and Shell said the rides receive an annual inspection from independent inspectors. Shell said this contract would ensure the rides are assembled properly. Brainard asked and Shell said the City has not spoken to Wolf Ranch about the financial viability of this inspection. Brainard said they have to be careful not to shut down the carnival because this inspection process can get expensive. Motion by Berryman, second by Oliver to make a friendly amendment to approve Option Two instead of Option One with the $100 per ride fee charged to the carnival. Vote on motion as amended: Approved 4-3 (Ross, Sansing, Brainard) K Discussion and possible action regarding adoption of standardized contracts for use in retaining outside counsel for transactional or litigation legal services -- Paul E. Brandenburg, City Manager and Trish Carls, City Attorney Brandenburg reviewed the item and listed the many items and categories that standard contracts include. He noted using these forms will standardize the working relationship with outside counsel. Brainard asked and Carls said she is in approval of these forms. Motion by Brainard, second by Ross to approve the item. Approved 7-0 L Consideration and possible action on the Legal Services Subcommittee report -- Dale Ross, Councilmember District 6 Ross reviewed the item. Motion by Ross, second by Sansing that an in-house City Attorney, Assistant City Attorney and a Paralegal be hired to replace the current outsourced law firm of Carls, McDonald and Dalrymple, LLP, and that City Council request the Mayor to write a letter, no later than February 1, 2009, to Carls, McDonald, Dalrymple, LLP indicating the purpose of the letter is to provide (90) ninety day written notice to terminate the current contract, and that the Mayor will appoint a three member subcommittee to conduct a job search for the City Attorney position. He added the subcommittee would submit full hiring recommendations to the Council for consideration as soon as practical and he moved that City Council direct the City Manager to begin using outside legal counsel for any new legal issues that would impact either economic development legal issues or utility department legal issues. Sansing said he disagrees with appointing a subcommittee and would rather hire a firm to find a City Attorney. Eason said she is concerned about this item and would prefer to postpone it. She added she thinks this it too much information to deal with in such a short period of time. She added she would like to hear what staff would have to say in response to this information. She noted this is a huge shift with a lot of money involved and there has not been enough time to study the implications of this recommendation. She added she has concerns about how the numbers have been calculated. Motion by Eason, second by Oliver that a full 60 days and a minimum of two workshops made up of the full City Council be held in order to study this issue. Denied 5-2 (Sansing, Brainard, Sattler, Ross, and Berryman opposed) Brandenburg spoke about hiring an outside firm to search for an Attorney. He said that route would be fairly time consuming and it is quite expensive. Brainard made a friendly amendment to the original motion that the subcommittee bring recommendations back to Council. Ross approved the amendment. Oliver said he feels this is being rushed and he is opposed to this motion. He noted municipal law is a very specialized area which requires interpretation, judgement, and critical skills. He said Council has experienced problems with previous contracts and he finds it to be very important to hire a person who has substantial experience in municipal law. He said Council will not get the depth and breadth of experience needed from paying counsel $130,000 a year. Oliver said he thinks the City is much better off on a contract basis so the City can get diverse and deep expertise without trying to grow its own Municipal lawyer. Oliver said, if the lawyer is meshed in with the community, it will influence judgement. He feels the City is better served by getting service from a firm who has expertise in municipal law. Eason said she was a member of a City Board when the City had an in house attorney and it did not work out well. She added it is more difficult to get rid of an employee of the City. She noted, in the long run, the City saves money by having competent legal counsel. She thinks this is the wrong way to go and she is shocked that the majority of Council is confident with the information given. Sansing said he has been told by others that it is more thrifty to have outside counsel and that has been the one concern he has had with this issue . Vote on the motion as amended: Approved 5-2 (Oliver, Eason City Council Meeting Minutes/January 27, 2009 Page 6 of 10 Pages opposed) Mayor recommended the legal services hiring subcommittee be made up of Ross, Sattler, and Oliver. Oliver denied the recommendation of membership. Brainard said he likes the current counsel and his vote is based on fiscal savings and that the City would be better served having legal service located here in town. Oliver said, as the Council moves forward with this, it is important to get the City Manager involved in an appropriate manner. Mayor recommend Brandenburg be the third member of the hiring subcommittee in place of Oliver. M Discussion and possible action to approve recommendations from the Social Service and Youth Program Funding Subcommittee regarding the Social Service and Youth Program Funding Policy and Guidelines -- Ben Oliver, Councilmember District 7, Chair Oliver reviewed the recommendation to replace all earlier policies with this integrated statement given to Council and that the City notifies all currently funded agencies of this change. He said the main changes are as follows: everything is pulled together, it emphasizes fulfilling basic human needs, and provides for a safe and nurturing environment. He said they removed the presumption of continuous funding year after year as long as obligations are fulfilled. He said they established a new measure for funding based on population and cost of living. He said he will answer questions after public comment. Speaker Paulette Taylor, of the Willy Hall Center, said she hopes at the end of every fiscal year Council look at each recipient according to their programs and needs rather than having extended time with a cap. Speaker, Naomi Walker, said she is speaking as a Board member of two non -profits. She said she is concerned that Council is looking to fund the programs at $5 per capita and keep the total amount constant until the population meet the capita at 71,000 people. She said she realizes where the Council is coming from in wanting to limit funding but she hopes, in times like now, they see that non -profits are greatly affected and have a greater need. She said giving has gone down greatly to the non -profits around town. She noted she would urge Council to not limit or cap the amount until the population reaches 70,000. Speaker, Emily Northrop, said if this proposal means reduced spending per young person, she is against it. She noted, in the time of an unhealthy economy, the youth becomes more vulnerable. She said she thinks it is vital to give funding to young people. Motion by Oliver, second by Brainard to approve the new policy proposal. Oliver made a friendly amendment to replace section 3A paragraph 1 to read as follows: the target funding level for social services and youth funding shall be seven dollars ($7.00) per capita, and that this amount be adjusted on an annual basis based on the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W), published by the United States Bureau of Labor Statistics. In the event that current funding levels exceed this target, this target funding level shall be achieved through population growth, not through reduction in the CPI -W adjustments. He said the $7.00 would create an approximate funding at about the same level as today. He noted the proposal of the committee did not envision a cut of over 20%, which is what it would be. He noted the population would have to grow to 71,000 before the $5.00 per capita amount would be reached. He said he does not accept the view that the City pays too much for social services. He noted the City is fortunate enough to be in good financial shape in order to give in the way it has been giving over the years. He said he agrees with the view that the City should not give based on a percentage of the budget. He added this policy proposal does not limit the Council's ability to adjust funding levels up or down on any given year. Eason seconded the motion to amend. Brainard said the City needs to remember it is not the only entity in the town that is giving to social services. He added funding in this category has grown at a double digit rate during this decade. Sansing asked and Oliver clarified his motion. He explained why it is important that the City fund social service and children's organizations. He said Brainard identified a huge issue last year with the funding process. He said he supports the amendment only because it can be changed year after year. Ross asked and Oliver said, based on his amendment, the City would be authorized to spend over $300,000 next year. Ross said he does not understand what the issue is if the amendment allows the City to spend the same amount of money next year. He said he agrees Georgetown is community oriented but he sometimes thinks community organizations take the City resources for granted. Oliver agreed that there will not be a change next year, but he is looking at what the goal is in the long run and he does not accept Ross' argument. Speaker, Dan Bonner, said he commends the Council for the difficult discussion they went through in the last hour. He said, as a member of the Getsemani community center and a long time participant in social development, he would like for Council to consider the human capital investment. He said children and at -risk City Council Meeting Minutes/January 27, 2009 Page 7 of 10 Pages adults matter more than anyone else in the community. He noted the City will have increasingly troubled individuals unless we invest in their development. Brainard asked and Oliver said the only difference between the original motion and the amendment is to move the rate from $5 to $7. Oliver said the amended motion recognizes the inflation rate. Sattler asked and Oliver explained how he came up with the $7 per capita rate. Brainard said these are guidelines and all future Councils are free to fund these programs as they please. There was much discussion about how these figures were obtained. Oliver said he is happy with this motion and he is proud of Georgetown. He noted the City should not back off of this issue unless it is absolutely necessary. Brainard said this issue is using other people's money to fund these efforts. Vote on the motion as amended: Denied 34 (Berryman, Sattler, Ross, Brainard opposed) Sansing asked and Brainard said the City would reach the $5 per capita rate gradually until the City's population reaches 70,000. Berryman said and Ross confirmed the City is actually increasing what it is giving. Oliver said, under the original proposal, the amount increases with inflation until the population reaches 70,000. Berryman said she wants the public to know the City is not reducing the amount being given, but the amount is increasing at a more moderate rate. Ross said, under the new policy, the funding goes out on a case by case basis. There was much discussion. Vote on original motion: Approved 5-2 (Oliver, Eason opposed) N Consideration and possible action to approve a Resolution creating the City Council General Government and Finance Advisory Subcommitee, and consideration and possible action to appoint members to the subcommittee -- Mayor George Garver Mayor reviewed the item and said, the more Council knows, the better. He said staff recommended the subcommittee's title be extended to encompass both administrative and financial issues. Sansing asked and Mayor said this is made up of four members, so every meeting must be posted. Sansing said he knows Rundell looks forward to this subcommittee but he has a concern about the fact that the committee is going to be made up of four members. He said he can not support this committee and added the Council should be able to voice their concerns in public. Oliver said Council should pause and perhaps not appoint this committee. He said he thinks there is something wrong with having a subcommittee made up of a majority of the Council. He said he thinks the City would be better served with a three person subcommittee where a majority vote would not be carried into Council's deliberations. Sattler agreed with Oliver and offered to remove his name from the subcommittee. Motion by Berryman, second by Oliver to appoint the three person subccommittee made up of Ross, Brainard, and Eason. Motion by Brainard to friendly amend the contract Section 2, Item 2 to reflect three members instead of four and on Item 3 that the language be changed to read "the subcommitee shall meet at least quarterly and more frequently at the request of..", and on Item 4, extend the term of office until September 30, 2009. Sansing said he thinks the City has too many committees and subcommittees and more formal action needs to be done at City Council meetings. Ross referred Council to the Workshop schedule and how full it is and said the subcommittees may speed things along. There was much discussion. Mayor said there is always a natural suspicion between the legislative and administrative branch. He added it is important for Council to interact with staff and would be good for the Council to trust and respect their peers. Vote on the motion: Approved 64 (Sansing opposed) O Second Reading of an Ordinance amending the City Code relating To "Authority of City Manager to Contract;" adding new section relating to change orders; and adding new section relating to delegation of purchasing authority by City Manager -- Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration Rundell reviewed the item and said this is related to the City's purchasing policies. She said the Council's recommendations between the first and second reading have been implemented. Rundell read only the caption of the ordinance on second reading. Motion by Berryman, second by Brainard to approve Ordinance 2009-01. Approved 7-0 P Second Reading of an Ordinance amending the 2007/08 Annual Operating Plan Element (budget) due to conditions that resulted in year end budget variances; appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith -- Leticia Zavala, Controller and Micki Rundell, Director of Finance Rundell reviewed the item and said this Ordinance amends last year's budget. Rundell read the caption of the Ordinance on second reading. Motion by Oliver, second by Brainard to approve Ordinance 2009-04. Approved 6-0 (Berryman off the dais) City Council Meeting Minutes/January 27, 2009 Page 8 of 10 Pages O Second Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local Commercial District for 2.7678 acres and AG, Agriculture District to OF, Office District for 1.6402 acres in the Flores Survey, to be known as M -S Subdivision, Phases 1 and 2, located at the Southwest corner of CR 151 and Inner Loop -- Tommy Garcia, Planner 11 and Elizabeth Cook, Director of Planning and Development Garcia reviewed the item and read only the caption of the Ordinance on second reading. Motion by Ross, second by Oliver to approve Ordinance 2009-02. Approved 6-0 (Berryman off the dais) R Second Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local Commercial District for 7.94 acres in the San Gabriel Estates, Lots 7 and 8, to be known as Esperanza, located on Williams Drive -- Jordan Maddox, AICP, Planner III and Elizabeth Cook, Director of Planning and Development Maddox reviewed the item and read only the caption of the Ordinance on second reading. Motion by Ross, second by Sansing to approve Ordinance 2009-03. Approved 6-0 (Berryman off the dais) S Second Reading of an Ordinance to rename a portion of West State Highway 29 to West University Avenue, a portion of East State Highway 29 to East University Avenue, and a portion of County Road 110 to Southwestern Boulevard, and County Road 116 to Rabbit Full Road in recently annexed areas -- Edward G. Polase, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek reviewed the item and read only the caption of the Ordinance on second reading. Motion by Eason, second by Sattler to approve Ordinance 2009-05. Berryman returned to dais. Approved 7-0 T Second Reading of an Ordinance Amending Section 6.50.040(A) (12) of the Code of Ordinances Pertaining to the Regulation of Itinerant Merchants - -Paul E. Brandenburg, City Manager Brandenburg reviewed the item and read only the caption of the Ordinance on second reading. Motion by Oliver, second by Sansing to approve Ordinance 2009-06. Approved 7-0 U Public Hearing and possible action on the Parks and Recreation Element of the 2030 Comprehensive Plan -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Garrett says this is a public hearing on a draft Parks and Recreation Master Plan. She said the Parks Board passed the draft plan in December 2008 and one person commented on the community gardens at the public hearing in January. She noted there was a lot of public input. She said this hearing is a requirement of the 2030 Comprehensive Plan. She added the first reading of the Ordinance will be at the next meeting. Public Hearing opened at 9:07p.m. No persons were present to speak. Public Hearing closed at 9:07p.m. V Public Hearing and possible action on a Special Use Permit for an accessory residential unit at Glasscock Addition, Block 29, Lots 8 & 9, located at 404 East 7� Street -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Director of Planning and Development Wyler reviewed the item and noted the location of the property. He said the applicant would like to convert his garage to a full kitchenette and bathroom. He said staff is recommending this item and is supportive of the permit. Public Hearing is opened at 8:03pm No persons were present to speak. Public Hearing is closed at 8:03pm Motion by Brainard, second by Berryman to approve the permit. Approved 7-0 W First Reading of an Ordinance revising Chapter 9.08 of the Code of Ordinances, related to Weapons, as recommended by the Police Department -- David Morgan, Police Chief Morgan explained the item and said it revises the current Ordinance as well as the current permitting process. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. City Council Meeting Minutes/January 27, 2009 Page 9 of 10 Pages Speaker, Jim Romine, spoke in support of the proposed change. He said, over the last two years, Sun City has trapped many feral hogs which are damaging many lots around the area. He added the ability to use fire options might assist Sun City in mitigating the problem of feral hogs while protecting the safety of the residents. Brainard asked and the speaker said Sun City trapped 33 hogs last year. Romine said the problem is intermittent. Sattler asked and speaker said they have spent about $30,000- $40,000 to repair the damages done by the hogs. Speaker, Byron Raynie, thanked Council and says he is in support of this change to allow a very limited use of appropriate weapons at the permission of the Chief of Police. He noted the hogs have damaged golf courses, individual homes, and community common areas. He noted their priorites are trapping and using other means that are the least disruptive. He said, when these methods do not work, he supports using weapons in the proposed manner. Motion by Brainard, second by Ross to approve the Ordinance on first reading. Sansing asked about the use of BB guns in City limits. Morgan and Brandenburg said the prohibition of BB guns has been on the City books previously, but this Ordinance will allow the use via permit. Sansing asked and Morgan said this would prohibit the use of BB guns, air guns, and paintball guns without a permit. Brainard asked and Morgan said the permits would allow use beyond Sun City. Brainard asked and Morgan said, with the granting of the permit, the staff will find out the intended use. Brainard asked and Morgan said this is not apply to a right to carry issue. Ross asked and Morgan said he is not sure of the age restriction in order to obtain one of these permits. Carls said, by Ordinance, there is no age restriction but it may be part of State law. Sansing said there has got to be some way to distinguish between the type of guns. Ross asked and Carls said the punishment for shooting a BB gun would be a Class C misdemeanor with a fine less than $500. Sattler asked and Morgan said the applicant would be the holder of the permit and, if that person is not the landowner, he or she must prove acceptance by the landowner. Sattler said he is concerned about the possibility of a homeowner's association obtaining a permit and then every member in that area will be alowed to use weapons. Berryman asked and Morgan said there is a statewide exemption of using weapons on land of 10 acres or more annexed after 1981 and at least 50 feet away from a dwelling. Carls said the legislature has deprived the City of the ability to regulate in that type of situation. She said the original intent of that bill was to ensure that people with hunting leases on their property could use weapons. Berryman said and Morgan noted the only way to enforce this is if persons use weapons in an unsafe manner. There was much discussion. Vote on the motion: Approved 6-1 (Sansing opposed) Brainard, Ross to adjourn Meeting adjourned at 10:02pm The meeting was adjourned at 10:02 PM. Appr 'd ayor George Garver City Council Meeting Minutes/January 27, 2009 Page 10 of 10 Pages