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HomeMy WebLinkAboutMIN 08.28.2007 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present: Council Absent. Patty Eason, Gabe Sansing, Keith Brainard, Bill All Council Present Sattler, Pat Berryman, Farley Snell, Ben Oliver Staff Present: Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Randy Morrow, Director of Community Services; Kimberly Garrett, Parks and Recreation Director; Carla Benton, Planner 11; Tommy Garcia, Planner 1; Kathy Ragsdale, Utility Office Manager; Leticia Zavala, Controller; Lorie Lankford, Chief Accountant; Kevin Russell, Human Resources Director; Bobby Ray, Planning and Development Director; Rachel Osgood, Environmental Services; David Munk, Development Engineer; Terry Jones, Support Services Construction Manager; Ed Polasek, Principal Planner; Keith Hutchinson, Public Information Officer; Jennifer Bills, Housing Coordinator; Valerie Kreger, Planner 11; Mark Miller, Transportation Services Manager; David Morgan, Police Chief; Glenn Dishong, Water Services Director; Shelly Hargrove, Tourism Director and Main Street Manager; Mark Thomas, Economic Development Director; Elizabeth Cook; Principal Planner; Anthony Lincoln, Fire Chief; Roland Waits, Police Captain; Marsha Iwers, Purchasinq Manaqer Executive Session Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. A Sec.551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - Discussion of legal elements of contract between Chisholm Trail Special Utility District (CTSUD) and the City pertaining to request by CTSUD for transfer of water rights - Potential claims related to the low-water bridge crossing incident Regular Session = To begin no earlier than 06:00 P (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) B Called to Order at 6:01 p.m. Mayor Nelon called the meeting to order. City Council Meeting Minutes/August 28, 2007 Page 1 of 9 Pages D Comments from the dais - Welcome to Audience and Opening Comments - Review of procedure for addressing the City Council Mayor Nelon welcomed the audience and gave a brief outline of meeting procedure. Mayor Nelon welcomed Boy Scout Webelos Den 2 from Pack 405. E Announcements and Comments from City Manager Brandenburg made the following announcements: There will be a Special City Council Meeting this Thursday, August 30, 2007 at 4:00 p.m. to consider: 1) acceptance of the 2007 Tax Appraisal Roll for the City of Georgetown, 2) ratification of the property tax increase included in the 2007/08 Annual Operating Plan, 3) approval of an ordinance levying a tax rate for the City of Georgetown for the 2007 tax year, 4) adoption of an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the2007/08 fiscal year, and 5) approval of several other budget related items. City of Georgetown offices will be closed on Monday, September 3, 2007 in observance of the Labor Day Holiday. These offices and facilities will include the following: City Hall, Georgetown Municipal Complex, Library, Municipal Court, Parks and Recreation Administration Building, Recreation Center, Tennis Center, and Visitors Center There will be normal trash collection for City of Georgetown customers on Labor Day. For questions about trash collection, call Texas Disposal Systems at (512) 930-1715. The San Gabriel Pool will be open Labor Day weekend. Pool hours Saturday and Sunday will be from 12:30-6:30 p.m. and Monday 11a.m. - 5 p.m. Mayor Nelon presented a Proclamation for National Payroll Week to the City's Payroll/Account Specialist, Pattie Justice. Mayor Nelon announced that Item X-1 will be moved before Item U, and that Items V-4 and W-3 would be pulled from consideration on this agenda. F Public Wishing to Address Council As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. G Action from Executive Session There was no action from Executive Session. 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. H Consideration and possible action to approve the minutes of the Special Council Meeting on Monday, August 6; the Regular Council Workshop on Monday, August 13; the Regular Council Meeting on Tuesday, August 14; the Special Meeting on Monday, August 20; and the Special Meeting on August 21, 2007 -- Jessica Hamilton, Deputy City Secretary and Sandra D. Lee, City Secretary Consideration and possible action to approve payment for temporary receptionists and office clerical services provided by Sedona Group in the estimated annual amount not to exceed $40,000 -- Kevin Russell, Director of Human Resources J Consideration and possible action to authorize the renewal of a lease to the Davidson Brothers of +21 acres of the future Mankins Crossing Wastewater Treatment Plant Site for agricultural purposes -- Jim Briggs, Assistant City Manager for Utilities K Consideration and possible action to amend the contract between the City and Operations Management International (OMI) for the management, operations, and maintenance of its water treatment facilities to increase the repairs budget by $22,000.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations (questions from Sansing) Sansing asked and Dishong explained that the gallons processed were less than predicted for the year. He said this is caused because the actual maintenance contract will go above what was predicted, but by end of year this will probably be offset by less production of water. L Consideration and possible action to amend the contract between the City and the Brazos River Authority (BRA) for the management, operations and maintenance of its wastewater treatment facilities to increase the repairs budget by $145000.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/August 28, 2007 Page 2 of 9 Pages M Consideration and possible action to approve the purchase of a portable self contained valve operator / vacuum unit from Vermeer Equipment of Texas through the Houston Galveston Area Council in the amount of $40,758.94 -- Glenn Dishong, Water Services Director N Consideration of an award of the annual bid for tires to Gray's Wholesale Tires and TCI Tires through the State of Texas Purchasing Contract and Tarrant County Cooperative Purchasing Agreement in the estimated amount of $27,681.45 -- Marsha Iwers, Purchasing Manager O Consideration and possible action on a Reinstatement of a Public Review Final Plat of 29.96 acres in the Frederick Foy Survey, to be known as Woodland Park, Phase 4-13, located at the end of Woodland Park Drive, with reinstatement of the approved variances to the Subdivision Regulations -- Carla Benton, Planner II and Bobby Ray, AICP, Director of Planning and Development Services P Consideration and possible action on license agreements to approve encroachments into various public easements for the following properties: Georgetown Village, Section 6, Block G, Lots 3-5, and Block H, Lot 13; and Sun City Neighborhood 44, Lot 17 -- Tommy Garcia, Planner I and Bobby Ray, AICP, Director of Planning and Development Services Q Consideration and possible action to approve the appointment of Cheryl L. Welch and Reagon Seaver as new members and Maurice Roberson and Joseph Aubin as Alternates for the Georgetown Village Public Improvement District #1 Hoard for 2008 -- Sandra D. Lee, City Secretary Motion by Sansing, second by Oliver to approve the Consent Agenda in its entirety. Approved 7-0. Council will individually consider and possibly take action on any or all of the following items: R Discussion and possible action to approve the By-laws for City Boards, Commissions and Committees -- Paul E. Brandenburg, City Manager Brandenburg noted that staff had previously suggested five recommendations for changes to the bylaws, including deleting the appointment of alternates. Sansing confirmed that the alternates in training will be incorporated into the bylaws of the Planning and Zoning Commission along with adding the extension of the terms for some of the members expiring. He also confirmed that Brandenburg has not made any changes in the bylaws language regarding attendance. Brandenburg noted that Council had been given on the dais a copy of the Code regarding attendance. He suggested that Council might want to make changes regarding attendance when the other changes are being made. Motion by Snell, second by Eason to approve the three staff reccommendations and add a fourth to instruct staff to prepare an amendment to the ordinance regarding Code Section 2.36.010, under D, to remove the distinction between excused and unexcused absences and place a single requirement of 67% attendance. Sansing suggested a friendly amendment to 75% attendance. It was considered friendly by Snell and Eason. Vote on the Motion and friendly amendment: Approved 7-0. Sattler asked about the establishment of the Zoning Board of Adjustment, and if the fact that it had never been established by ordinance cause any question concerning the validity of the judgements of the Board. Carls responded it is clear that the Council always appointed members for that Board and the action is reflected in the minutes. Carls stated she would bring back an ordinance re-establishing the Zoning Board, and after the two required readings, it would be effective in March. S Consideration and possible action to approve a Resolution adopting "Guidelines and Criteria Governing Tax Abatement Agreements" within the City of Georgetown and its Extraterritorial Jurisdiction -- Mark Thomas, Economic Development Director; Patricia E. Carls, City Attorney; and Paul E. Brandenburg, City Manager Thomas introduced the item, saying the City needs to ge a tax abatement policy guideline approved by the State and it will assist the City in having a better process to follow and the information will be gathered early in the process in an organized way. Motion by Snell, second by Sansing to approve the resolution. Brandenburg said this will provide better communication with the County, as well. There were comments and questions from the Council. Vote on the motion: Approved 7-0. T Consideration and possible action to transfer 1,680 acre-feet of BRA System Water Rights and associated Williamson County Regional Raw Water Line capacity to Chisholm Trail Special Utility District (CTSUD) -- Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manager for Utility Operations Briggs noted this is a continuation from the deferral at the last meeting regarding the request from CTSUD to rectify the contract agreement with call provision dates that have expired. He said CTSUD has come to the City and asked for reconsideration. He explained the CCN Deal Points from the Contract as displayed in an attachment to the agenda Item. He noted that the water belongs to the City until and unless it is transferred, City Council Meeting Minutes/August 28, 2007 Page 3 of 9 Pages and there is no contractual agreement and no time limit to transfer it; and no action is necessarily required by the Council. Mayor asked and Briggs explained that when Del Webb came in to develop Sun City, there was an option with CTSUD to take a call on the 80 acres and it would be transferred to our CCN and we would pay them $125 per acre/foot. He said Del Webb was contacted, and they indicated they would not need the land. He said CTSUD contacted the City after the call date, and said they would need the 80 acres, so the City went to CTSUD and asked them to consider the transfer. He said the CTSUD Board declined the request. He told Council the 1680 acre/feet represents, roughly based on average daily demand on a yearly basis, about $100,000 to the General Fund on an annual basis. Motion by Sensing, second by Sattler to table this until Briggs considers it necessary to bring back up. Approved 4-3. (Eason, Snell and Oliver opposed) Snell said since it was "tabled," it requires a vote of the Council to take it off the table in order to bring it back up for discussion. X 1. Public Hearing on 2007/08 Annual Operating Plan (Budget) -- Micki Rundell, Director of Finance and Administration and Paul Brandenburg, City Manager With a slide display, Brandenburg gave a summary of the $185.4 million budget. Rundell reviewed the financial highlights, saying it contains contingency reserves of 75 days as required by the City's fiscal and budgetary policy. She said the proposed property tax rate is $0.35659. She said sales tax revenue has increased by 10%, and it is expected that the City will receive $7 million in tax revenues in the next fiscal year. She noted there will be no increase in water rates, and electric rates are being currently reviewed and will be adjusted in the fall. She said our electric service rates are more reasonable than in any other nearby city because we own our own electric distribution program. She said Georgetown is the most economical city in which to live in the surrounding area. The Public Hearing was opened at 6:52 p.m. There were no comments. The Public Hearing was closed at 6:52 p.m. Sattler asked about the change in the amount of the total budget from approximately $181 million to approximately $185 million. Rundell noted that there is a reconcilliation for the changed amount in the Summary on page 5. She said it relates to capital improvements that roll from one budget to the next, money that won't be able to be spent until next year. He had further questions and Rundell responded. U Discussion and possible action on various items in the City of Georgetown 2007/2008 Budget -- Bill Sattler, Councilmember District 4 Sattler said he questions several of the items in the budget. Nelon suggested that he make a motion. Motion by Sattler, second by Berryman to remove Items C and D, and earmark that money towards an item that hasn't yet been identified, but should be addressed, as to what will happen to the San Gabriel Park Football Field when GISD gives it back to the City. He thinks it should be beautified because it is an entrance to the Park. He said he knows it is in the Master Plan for the Parks, but he doesn't know what is planned. He asked to take the skate park and adult baseball lighting and fence repair out of the budget. Sattler said he called Round Rock about their skate park. He said they told him they received $200,000 from two grants, but it has been shut down for two weeks; and they are unsure what to do about it because of vandalism and criminal activities. Sattler said, regarding Item D, the adult baseball lighting renovation program, that there is only one baeball field, and it is completely leased with no reservations available because it is "under contract" to the Austin Metro League. He told Council he went out to the field and talked to 30 people, three from each of 10 teams. He said they told him that they feel the field is in very good condition, saying the only time there is a problem is from the sun at dusk. He questioned why there are no Georgetown people playing on the fields, and asked why the City should spend $220,000 to renovate those fields. Morrow responded that the skate park would be a place for all the skaters to go now that the drainage ditch is closed to them, to keep them from skating downtown, on the park benches, etc. He said the Parks Department is going to do some pro -active activities at that location, such as tournaments. He said the Salvation Army has promised to assist the City with up to $100,000 to pay for equipment. Morrow said the lighting for the fields is at the old Eagle Field. He said he talked to Mr. Lucas, and he was complaining to him in the past. He said they do rent the fields on a first come, first serve basis, and the City receives the revenue, saying if a Georgetown team calls first, they get it, but the Austin team got there first. He said one of the wooden light standards broke off last year in high wind and he described the hazardous situation with the fencing. He said they want to keep the field, but only if it can be used safely, and if they can't keep it safe, they'll wipe it out. He said teams from San Antonio and Houston have paid to play there also. Nelon noted that those people would also go to the Georgetown restaurants and Houston people would stay in the motels. Morrow said he wants to get the light control onto the Class System so the lights can be controled through satelite instead of with a manual switch. Oliver asked for the plans to fix up the football field once the stadium is gone. Brandenburg said the City has already extended GISD a year because their new stadium is not completed. He said GISD also uses the football field for soccer in the spring, saying it hasn't been time for the City to do any planning regarding the City Council Meeting Minutes/August 28, 2007 Page 4 of 9 Pages aging structure and how to use it. He said he thinks eventually the City will use it a lot more often than the school district is using it now. Snell said he has felt for a number of years that the City needed a skate park. He said he would hate to see that removed from the budget. He said regarding the lighting and the fence, he thinks its not something that will get any better, so the City can create a new use that doesn't require lighting and a fence, or repair the problem now. He said he is sympathetic to the need to fix up the football field, but he hates to see it take the place of these items. Brandenburg said there already is funding in the budget for the study for the use of the stadium, rodeo arena, and show barn. He noted that Sattler had a great idea to use it as an ampitheatre and soccer field. Berryman asked if she could friendly amend to separate the two issues. Sattler agreed to the amendment. Berryman said, in terms of the skate park, there is no committment from the Salvation Army. She suggested saying "no" this year to the skate park, and watch Round Rock to see how their's goes while waiting for a commitment from the Salvation Army. Nelon asked if she still wants to put the money into beautifying the entrance to the park. Berryman said she agrees that the money should be put back into the entrance to the park. Rundell said these were to be debt funded, so if we don't do them, the City won't issue the debt. Sansing said when the Council met with the school board, the idea was to get the stadium out of the park and reclaim the land for a park use. He thinks because it is in such a poor condition, it should be taken down completely. Nelon reviewed that the first motion is to remove the skate park out of debt funding and put the money toward improvements to San Gabriel Park. Brainard pointed out the amount is $50,000. Vote on the motion: Denied 5-2. (Eason, Sansing, Snell, Oliver and Brainard opposed) Nelon asked for a vote on the ligthing and fencing. Motion by Brainard. second by Sansing to approve funding for fencing and not for lighting. Eason said she lives in that area and drives in that area a lot, and that field is the only lighting. She said it is extremely dangerous, even with the lighting; saying she thinks the lighting and the fencing are essential to safety and she supports them. Sansing asked if the City Utility Department could replace the old poles. Oliver asked Morrow to repeat his reason for wanting to replace the lighting. Morrow said its a safety issue because the existing lighting is 20-30 years old and one structure did break due to high wind this year. He said the price was to replace the wood poles with metal poles so there would not be the maintenance issue and they would last longer. Oliver said he will vote against this motion, but asked, if this is defeated, that staff come back with a clear description of how much individual units cost. Vote on the Motion: Approved 4-3. (Eason, Oliver and Snell opposed). Motion by Sattler, second by Brainard to remove Items K, L, M, and N to remove the Recreation Center audio system, door access security system, video secruity system, and voice and data cabling from the budget and put them in the Recreaion Center bonding to show transparency, saying this at $316,000 would be covered by the $1 million contingency. Snell said the presence of these items in this budget is authorization to spend this amount of money on these items. He said the question about where the money comes from is another issue, saying currently, the available money is under debt service; and he asked Rundell to explain. Rundell said this is authorization to spend the money; and technically the money for the Recreation Center contract is earmarked and she can use whatever is left over to fund these items; but if Council takes them out of the budget, she has no appropriation to spend money for them. Nelon asked if any further action is needed since Brainard noted at the last meeting that any leftover money on the Recreation Center would be used to fund these items. She said if those items are pulled, the Recreation Center won't have those items. Nelon asked Sattler to amend his motion. Rundell explained that the Council had previously directed the staff to remove items in order to keep the Recreation Center under the approved amount and to put those items in the 2007/08 budget. Snell confirmed that if this motion is approved, those items get taken out of the budget, and they can't be purchased. There was further discussion. Rundell emphasized that the reason the items are in the budget is because she needs appropriation/authorization from the Council to spend some money for those items, saying if there is any savings left from the contract for the Recreation Center, that money will be used as opposed to cash or debt funded money. Brainard asked and Rundell responded that the money was not competing with anything else in the budget. Sattler said he wants to make sure that there is more than enough money to cover the expenses for these items. Sattler and Brainard withdrew the motion and second. 7:44 p.m. -- recessed 7:57 p.m. -- resumed City Council Meeting Minutes/August 28, 2007 Page 5 of 9 Pages V Items Regarding Water Oax'at San Gabriel 1. Consideration and possible action to approve the Second Amendment to the Development Agreement between the City and Laredo WO, Ltd. formerly known as ABG Development, Ltd. related to the Water Oak Subdivision -- Tom Yantis, Assistant City Manager Yantis said this amendment clarifies a misunderstanding in the language of the agreement on how the residential lot dimensional table functions, defines a particular street intersection, and replaces the reference to the Director of Public Works with the City Manager or his designee. Motion by Eason, second by Snell to approve the amendment. Approved 7-0. 2. Consideration and possible action to approve a Tree Preservation Incentive Agreement between the City and Laredo WO, Ltd., formerly known as ABG Development, Ltd. related to the Water Oak Subdivision -- Tom Yantis, Assistant City Manager Yantis explained that this is a follow-up to an item in June, when Brainard asked to insert an incentive for the saving of protected trees. He said this is a one-to-one cash equivalent to what would have been paid if the tree had been taken out. Motion by Oliver, second by Eason to approve the Agreement. Sansing said he will vote against it because he feels it is not calculated correctly and sets the wrong precedent. Berryman said she also will vote against it because ABG is putting in a wastewater line that will benefit the entire area, and she said "grandfathering" would have been appropriate. Yantis said it needs to be understood it will cost the developer money if this is voted down. It was determined that this should be a win for everyone. Sansing said he has a problem with the way the trench was designed that is causing the removal of trees. Yantis explained that voting against this agreement would punish ABG, because they will receive incentive money for saving some of the trees that they would have otherwise had to remove for the placement of the trench. Vote on the motion: Approved 7-0. 3. Second Reading of an Ordinance Comprehensive Plan Amendment to change the Intensity Level from Level 1 to Level 2 and the Future Lend Use from Residential to Residential and Mixed Use for 205.38 acres in the I. Donagan Survey (A-178), located on West SH -29 -- Bobby Ray, AICP, Director Planning and Development and Edward G. Polasek, AICP, Principal Planner Polasek said staff has received a letter requesting to delay the second reading until March 25, 2008. Motion by Eason, second by Brainard to consent to moving the second reading to March 25, 2008. Approved 7-0. 4. Second Reading of an Ordinance Annexing into the City 268.30 acres, more or less, in the 1.&G.N. RR Survey, J.D. Johns Survey, The Key West Survey, D. Medlock Survey, W.E. Pate Survey, J. T. Church Survey, J. Thompson Survey, and Isaac Donagan Survey for Water Oak at San Gabriel Phase 1, Phase 3, Phase Al, and Phase 2, located north of RR 2243 and east of Escalara Subdivision — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development This item was pulled. 5. Public Hearing and First Reading of an Ordinance to Rezone from AG, Agriculture district to PUD, Planned Unit Development district for 122.521 acres in the J.T. Church, J.D. Johns, W.E. Pate Surveys, Key West Irrigation, and J. Thompson Surveys, to be known as the Water Oak at San Gabriel, Phases One and Three, located off RM 2243, near Escalera Ranch -- Jordan Maddox, Planner II, and Bobby Ray, AICP, Director of Planning and Development Services Maddox read only the caption of the ordinance on first reading, after having satisfied the requirements of the City Charter. He said these are the first two phases in a preliminary plat of a development that led to the wastewater interceptor for the South Fork. The Public Hearing was opened at 8:05 p.m. There were no comments. The Public Hearing was closed at 8:05 p.m. Motion by Eason, second by Berryman to approve the ordinance on first reading. Approved 7-0. 6. Public Hearing and First Reading of an Ordinance regarding adoption of a proposed Conservation Subdivision amendment to the Unified Development Code (UDC) -- Jordan Maddox, Planner II, and Bobby Ray, AICP, Director of Planning and Development Services Maddox read only the caption of the ordinance on first reading, after having satisfied the requirements of the City Charter. He used a slide presentation to explain some background and education about conservation subdivisions. City Council Meeting Minutes/August 28, 2007 Page 6 of 9 Pages The Public Hearing was opened at 8:16 p.m. Speaker, Jack Hunnicutt, complimented the members of the development staff for working hard on this amendment to the UDC, but it still needs work. He said the City needs to create a workable ordinance with stakeholder buy -in, and he believes staff has not fully explored an incentive -based strategy considering demographic and marketing conditions facing the development community, based on conservation principles. He said there must be a financial incentive. The Public Hearing was closed at 8:20 p.m. Sansing asked and Hunnicutt replied that he doesn't think this ordinance is adequate because developers will go with septic systems because that is the most economical way to go. He said there needs to be a systemized way of extending sewer into the basin. He said he thinks there is enough talent in the community and in the professional staff of the City to develop an ordinance that is implementable and gives the City greater control. Sansing said he is in favor of conservation subdivisions, but thinks time should be taken to create a correct ordinance. Motion by Sansing, second by Sattler to postpone for six months. Berryman said to make this ordinance issue- and/or market-driven. Eason suggested a friendly amendment to get some professional help to make specific suggestions. Yantis said an exhaustive survey of the staff people, realtors, and developers in communities that have developed conservation subdivisions has not yet been done. Berryman said rather than spending money on professionals, the Task Force should consult the other cities that have successfully adopted conservation subdivision ordinances to see how their ordinances are working out. Eason said the Council has "changed over" twice since this discussion started. She said there needs to be a deadline and feels professional supervision and input are needed. There was more discussion. Sansing said he heard very valid comments and amended his motion to postpone to no later than the second meeting in January, and is hopeful that staff will have time to solicit other communities and ask Arendt to look at it and bring that back to Council for a decision. Yantis noted that Arendt did review the ordinance for his client. He said Arendt had one comment having to do with lot dimensional standards. He said Arendt has prepared and published a model ordinance to which our ordinance was compared. Yantis said he thinks the incentives should be based on the ability of the property owner to gain an increase in intensity, and if they don't choose to opt into those incentives, then they would go back and develop under the one -acre lot rule. He said there is no other good mechanism under state law other than annexing and zoning to protect the environmental features; and it would take more expertise than the City has in house, would take time, and would be costly to provide the infrastructure features. He noted that the County is paying for mapping to identify all of the sensitive environmental features in the County. Sattler agreed as second to accept Sansing's amendment. Berryman asked for something more formal because she said she has heard complaints from the Task Force about the process. She asked for a more concerted and organized effort with buy -in from the development community. Sansing agreed to add that as a friendly amendment. Sattler agreed to second. There was an additional friendly amendment by Berryman to stick with the original six months and go to the second meeting in February instead of the second meeting in January. Sansing and Sattler agreed to accept. Brandenburg said there should be a formal update report in mid November as to what has been accomplished since August 28 and what will be done from November to February. Sansing and Sattler agreed. Oliver said there will be differences of opinion, and staff can bring it back for the Council to make the decision to meet the needs of the City. Maddox asked for clarification as to whether Council wants staff to work on the technical issues in the ordinance or the applicability. Nelon said he is hearing Council give staff direction to continue to work with the Task Force to work out what has been described as "conundrum issues" regarding the fallback to the one -acre septic which seems to be counter to what the City wants to see as a policy; but Council does understand that staff has attempted well to put flexibility into the process. Nelon said if a developer wants more than one unit per acre, they need do the conservation subdivision, and the challenge is to go back and address it and see if there is something other than the political decision to be made at the end of February; and if, in fact, it doesn't get solved any other way, then at the end of February, the Council will vote up or down. Maddox asked if the original Task Force is the group the staff is to work with. Nelon said anybody who wants to weigh in, such as the real estate community, should be allowed to join the Task Force. Eason said anybody in any community should weigh in on the Task Force. Eason said this is the last time she will vote for an extension. Snell said, generally speaking, he thinks the Council is saying the technical details of what one of these would look like don't need a lot of work, but if staff can find anything to address the conundrum, bring it to Council, and if not, tell them so, or give them an alternative. Sansing noted that this was also the last time he would vote for an extension. Berryman said there are questions, such as green space liability, whether 35 to 40% could be a land taking, legal liability, and if the ordinance is created and there is extraordinary expense incurred, what happens if the subdivisions are not marketable. She said to also look at failed policies and look only at "like" communities that compare with Georgetown's topography. Nelon summarized the motion as: a vote to postpone for six months, to the end of February, with a three-month progress report; and the Task Force as expanded to work with staff. Vote on the Motion: Approved 5-2 City Council Meeting Minutes/August 28, 2007 Page 7 of 9 Pages (Snell and Oliver opposed) W Second Readings 1. Second Reading of an Ordinance adding New Chapter 6.60 to the Georgetown Municipal Code Relating To "Operation of Commercial and Residential Alarm Systems;" Establishing Permitting Procedures, Fees and Penalties; Providing a Severability Clause; and Establishing an Effective Date -- Roland Waits, Police Captain and David Morgan, Chief of Police Morgan read only the caption of the ordinance on second reading. Motion by Sansing, second by Eason to approve Ordinance 2007-51. Approved 6-1. (Brainard opposed) 2. Second Reading of an Ordinance Annexing into the City 1.77 acres, more or less, in the Frederick Foy Survey, Abstract 229, for Somerset Hills, western boundary annexation to CR 245 and Jennings Branch Road — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Poisek explained the ordinance and read only the caption of the ordinance on second reading. Motion by Snell, second by Sansing to approve Ordinance 2007-52. Approved 7-0. 3. Second Reading of an Ordinance Annexing into the City 50.62 acres, more or less, in the Lewis P. Dyches Survey and Francis A. Hudsen Surveys for H.B. Longhorn Junction and Airborn property, located south of SE Inner Loop and Blue Springs Parkway — Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development This item was pulled. X Public Hearings/First Readings 1. Public Hearing on 2007/08 Annual Operating Plan (Budget) -- Micki Rundell, Director of Finance and Administration and Paul Brandenburg, City Manager This item was handled earlier in the agenda following Item T. 2. First Reading of an ordinance amending Sections 13.12.020; 13.12.030; 13.12.040; 13.12.050; 13.12.060; 13.12.080; and 13.12.100 of the City's Code of Ordinances relating to "Garbage Collection and Disposal" -- Rachel Osgood, Environmental Services CSR and Jim Briggs, Assistant City Manager for Utility Operations Osgood read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. She noted the renegotiated contract was approved in June, 2007, and as a result of the new contract, certain sections of the ordinance had to be amended to make the wording more consistent with the new contract. Motion by Sansing, second by Eason to approve on first reading. Approved 7-0, 3. Public Hearing and First Reading of an Ordinance to Rezone from (OF) Office to (RS) Residential Single-family for 0.179 acres out of the Booty and Lesueur Addition, Block 1, Lot 4, located at 1308 Hart Street -- Bobby Ray, AICP, Director of Planning and Development Services Ray explained the purpose of the ordinance, saying there is a large area of OF zoned property in this neighborhood which is being currently used as residential. He said the Planning and Zoning Commission recommended approval. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. The Public Hearing was opened at 8:59 p.m. There were no comments. The Public Hearing was closed at 8:59 p.m. Motion by Eason, second by Snell to approve on first reading. Approved 7-0. 4. Public Hearing and First Reading of an Ordinance for a Comprehensive Plan Amendment to change the Intensity Level Map from Levels 3, 4 and 5 to Levels 4 and 5 on 54.73 acres more particularly described as 34.82 acres in the Francis Hudson, Wm. Addison, Joseph Robertson and J.S. Patterson Survey and 19.91 acres in the Joseph Robertson and the Wm. Addison Survey, also known as the Wheeler Tract, located at 2211 County Road 111 (Westinghouse Road) -- Valerie Kreger, Planner III, and Bobby Ray, AICP, Director of Planning and Development Services Kreger explained the purpose of the ordinance, and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. The Public Hearing was opened at 9:02 p.m. City Council Meeting Minutes/August 28, 2007 Page 8 of 9 Pages There were no comments. The Public Hearing was closed at 9:02 p.m. Motion by Berryman, second by Sattler to approve on first reading. Approved 7-0. 5. Public Hearing and First Reading of an Ordinance to Rezone from (RS) Residential Single -Family District to (MU -DT) Mix Use Downtown District 0.139 acres out of the Lost Addition, Block 63, located at 1006 Rock Street -- Valerie Kreger, Planner III, and Bobby Ray, AICP, Director of Planning and Development Services Kreger explained the purpose of the ordinance, saying the site currently has a single-family residential structure on it and it is within the downtown overlay. She said the City received one letter in support and one letter in opposition. She said the Planning and Zoning Commission recommended approval of this request. She read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. The Public Hearing was opened at 9:04 p.m. There were no comments. The Public Hearing was closed at 9:04 p.m. Motion by Oliver, second by Brainard to approve on first reading. There were questions and comments from the Council about adequate parking. Approved 7-0. The meeting was adjourned at 09:10 PM. City Council Meeting Minutes/August 28, 2007 Page 9 of 9 Pages ity Secretary Sandra