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HomeMy WebLinkAboutMIN 04.08.2014 CC-RNotice of lv etinl; of the Gover inBody of the City of Georgetown, Texas Tuesday, April 8, 201 The Georgetown City Council will meet on Tuesday, April 8, 2014 at 6:00 PM at the Council Chambers at 101 E. 7th St., Georgetown, Texas The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8`h Street for additional information; TTY users route through Relay Texas at 711. i tel t- Session (This Regular session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order —Mayor called the meeting to order at 6:20PM Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Proclamation for the National Day of Prayer City Council Regional Board Reports Eason provided a report from the Lone Star Rail Board of Directors City Manager Comments - Election May 10, 2014 - Red Poppy Festival - Presentation of a Certificate of Appreciation to the City of Georgetown from the Habitat for Humanity by Yvonne Lane, Resource Development Director Action from Executive Session Motion by Gonzalez, second by Fought to approve settlement of Case No. 13-1030, City of Georgetown, Texas v. Lower Colorado River Authority (LCRA), pending in the Texas Supreme Court, on the terms discussed in Executive Session. Approved 7-0 Motion by Gonzalez, second by Hammerlun to direct staff to continue negotiation of agreements and related documents for the development of the Wolf Ranch Project, including two Municipal Utility Districts with the City Limits of the City of Georgetown on the terms discussed in Executive Session. Approved 7-0 Public Wishing to < ddt°e:ss Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - Mr. Dan Marek would like to address the City Council regarding comments about the Downtown Georgetown Association. Marek was not present to speak. tattutrtt-y Consent Benda The Statutory Consent Agenda includes non-controversial and routine that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on Tuesday, March 25, 2014 — Jessica Brettle, City Secretary D Consideration and possible action to approve the declaration of various equipment and vehicles to be disposed of using online auctioneering services of Gaston and Sheehan Auctioneers, Inc. of Pflugerville, Texas -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer E Consideration and possible action to appoint Gerald Galloway to the Building Standards Commission to fill a vacancy — Mayor George Garver F Consideration and possible action to approve a Resolution appointing members and alternates to the Georgetown Village Public Improvement District No. 1 Advisory Board -- Mayor George Garver G Consideration and possible action to appoint Councilmember Rachael Jonrowe to the Clean Air Coalition -- Mayor George Garver H Consideration and possible action to approve a Resolution directing staff to initiate amendments to the Unified Development Code (UDC) relative to permitted zoning districts, development standards and definitions for multi-family land uses -- Andrew Spurgin, AICP, Planning Director Motion by Fought, second by Hesser to approve the consent agenda in its entirety. Approved 7-0 eoislatt ve Reaular A(Venda I Public Hearing for the Voluntary Annexation of 3.40 acres in the Thompson Survey, located near the intersection of Leander Road and the proposed Southwest Bypass roadway -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Spurgin described the annexation for the Council. Public Hearing opened at 6:38PM No persons were present to speak. Public Hearing closed at 6:38PM J Public Hearing for the Voluntary Annexation of 45.79 acres in the Fish Survey located near Williams Drive and Penny Lane -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Spurgin described the annexation for the Council. Public Hearing opened at 6:40PM No persons were present to speak. Public Hearing closed at 6:40PM K Public Hearing for the Voluntary Annexation of 98.22 acres in the Hudson Survey located at Rabbit Hili Road and Westinghouse Road -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Spurgin described the annexation for the Council. Public Hearing opened at 6:41 PM No persons were present to speak. Public Hearing closed at 6:41 PM L Public Hearing for the Voluntary Annexation of 4.92 acres in the Wright Survey, located at Williams Drive and Serenada Drive -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Spurgin described the annexation for the Council. Public Hearing opened at 6:42PM No persons were present to speak. Public Hearing closed at 6:42PM M Public Hearing and First Reading for a Special Use Permit for North Georgetown Addition, Block 4, Lots 1-4, to allow an accessory dwelling unit in the RS Zoning District, located at 807 North Myrtle Street -- Mike Elabarger, Senior Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item for Council. He said the applicant is requesting a Special Use Permit for an accessory dwelling unit. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 6:43PM No persons were present to speak. Public Hearing was closed at 6:43PM Motion by Fought, second by Brainard to approve the Ordinance. Jonrowe asked why an accessory dwelling unit would need a special use permit. Spurgin said this was discussed extensively during the last UDC process and it was determined this would need a special use permit. Eason spoke about the history of this issue and why it was decided that this requires a special use permit. Gonzalez asked and Spurgin spoke about how the City would be able to regulate the accessory dwellings. Jonrowe said this should be discussed again in the next UDC process. Vote on the motion: Approved 7-0 N Second Reading of an Ordinance to adopt the Downtown Master Plan Element of the 2030 Comprehensive Plan — Matt Synatschk, Historic District Planner and Laurie Brewer, Assistant City Manager (action required) Synatschk described the item read only the caption of the Ordinance on second reading. Motion by Jonrowe, second by Fought to approve. Approved 7-0 O Consideration and possible action regarding the City of Georgetown's Social Services and Youth Program Funding Policy, Guidelines, and Process -- Paul E. Brandenburg, City Manager Fought suggested the idea of incorporating a maximum amount of $50,000 and Eason said she thinks, if that should occur, it should only be for this upcoming year. Motion by Fought, second by Hesser to approve the plan as presented. Motion by Jonrowe, second by Fought to amend the motion to change the purpose statement to include veteran's services in the priority areas listed. Jonrowe asked and Rinn discussed the applicants that have asked for more than $50,000 in the past. Jonrowe said she is hesitant to put this as a cap for the first year. She noted perhaps the city should hold off on that for the first cycle. She said setting a number right now is a little premature. Eason agreed. Motion by Fought, second by Hesser to amend the motion to include the addition of a $50,000 cap for the upcoming year. Brainard asked and Jonrowe said he amendment would add an additional priority area for veteran's services. Vote on Jonrowe's amendment: Approved 7-0 Eason spoke about Fought's amendment and said she is going to vote against this until she is able ti see who is asking for what amount. Brainard said he is with Councilmember Eason that the City Council waits on a cap for this year. Vote on Fought's amendment: Approved 4-3 (Brainard, Eason, Jonrowe opposed) Motion by Fought, second by Eason to amend that an ad hoc committee be put in place for the next year. Vote on Fought's second amendment: Approved 7-0 Vote on the original motion as amended three times: Approved 7-0 P Consideration and possible action to approve a Resolution supporting the proposed 2014 Water Conservation Plan to be submitted to the Texas Water Development Board (TWDB) and the Texas Commission on Environmental Quality (TCEQ) on or before May 1, 2014, providing a severability clause and establishing an effective date — Kathy Ragsdale, Conservation Services Manager and Mike Babin, Deputy General Manager of Utilities Babin said this item is a Resolution of support for the new Water Conservation Plan. He reviewed the plan for the City Council. He noted this will be a living document and staff plans to revisit the document on a regular basis. He said the process to create this plan was started over a year ago. He reviewed that process for the Council. Babin read the caption of the Resolution. Speaker, Gary Newman, said he supports staff on this issue. He said is very important for Georgetown to "get ahead of the game" when it comes to water conservation. He noted there is a lot of things that can be done to conserve water and he described some of those ideas for the Council. Speaker, Paul Weis, said he supports items P and Q. He noted he is a member of a community group concerned with water conservation. He spoke about how he and his neighbors have spent a lot of time and money to come up with ways to save water and still have green lawns. He reviewed some of the innovative methods the city could use to save water. Motion by Jonrowe, second by Fought to approve the Resolution. Fought spoke about the importance of education, leading by example, incentives, dis-incentives and punitive measures (if needed). Hammerlun said he would like to see a timeline for the process as well as regularly scheduled follow up meetings on results. He said it is important for Council to have some sense of whether the City is making progress on this matter. Jonrowe asked and Ragsdale said the landscape projects in the plan are already in the budget through facilities. Brainard thanked and commended staff for their hard work. He said, ultimately, for this plan to succeed, the city has to get people to think differently about how they use water. Vote on the motion: Approved 7-0 Q First Reading of an Ordinance adopting the proposed amendments to Title 13, Chapter 13.15 of the Code of Ordinances entitled Water Utility Services to include provisions for landscaping and irrigation procedures, and enforcement of those provisions, to more effectively manage the City's water resources and maintain compliance with Texas Administrative Code Title 30, Chapter 288 -- Kathy Ragsdale, Conservation Services Manager and Mike Babin, Deputy General Manager of Utilities (action required) Babin described the item and listed the sections of the Ordinance. He briefly described each of those sections for the City Council. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Hesser, second by Jonrowe to approve. Jonrowe asked and Babin said there will be two full time positions added to address water conservation, one of which will be associated with the data collection and enforcement. Jonrowe asked and Babin said the enforcement would be for all of the water related codes. Vote on the motion: Approved 7-0 R Consideration and possible action to approve a Resolution expressing official intent to reimburse costs related to the construction of FM 1460 in an amount not to exceed $4.5 million with proceeds from bonds that will be issued at a later time, and to finalize the amount and amortization of General Obligation bonds to be issued in April 2014 -- Micki Rundell, Chief Financial Officer Rundell described the item and said it is a bond reimbursement resolution in relation to FM 1460. She noted there is an outstanding issue on a gap for funding for the project and the city was looking for other sources of revenue. She said, because of some intricacies with how CAMPO and other funding sources work, the city was only able to get $2 million of the $6 million gap. She said staff is recommending the city move forward with increasing the bond issue for this year from $1.8 to $4.8 million. Rundell read the caption of the Resolution. Motion by Gonzalez, second by Eason to approve. Approved 7-0 S Second Reading of an Ordinance for a Special Use Permit to allow an automotive use in a General Commercial (C-3) District, for Kelley Trust, Phases One, Two and Three, Block A, Lots 1 and 2, located at 7551 South IH 35 -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on second reading. Motion by Hesser, second by Fought to approve. Approved 7-0 T Second Reading of an Ordinance Amending Chapter 8.32 of the Code of Ordinances Relating to Electronic Cigarettes and/or Electronic Vaping Devices -- Paul E. Brandenburg, City Manager; Wayne Nero, Police Chief and Bridget Chapman, City Attorney (action required) Brandenburg described the item and read only the caption of the Ordinance on second reading. Motion by Gonzalez, second by Fought to approve. The following citizens spoke in favor of the Ordinance: Kristine Donatello, Christina Ortiz The following citizens spoke in opposition of the Ordinance: Andrew Westercom, Tatia Taylor, Justin Gibson, Stephen Kopp, Shawn Lewis To view the full set of presentations by the public, please visit our website at http://government.georgetown.orq/gty Brainard said he thinks one portion of this Ordinance is over -reaching. He spoke about a section that states the prohibition of offering the sale of these devices in a manner in which it prevents direct access and said that is over -reaching. He noted an adult should be able to go into a store and handle a product that is legal. Motion by Brainard, second by Fought to amend to strike Section 8.320.60 A.1. from the Ordinance There was much discussion about the intent of this section and how it is supposed to deter people under the age of 18 from handling the product. Nero said this is similar to cigarettes and how they cannot be accessible on the counter. He said the product must be behind a counter where an adult must provide it to someone and check and ID. There was much discussion. Vote on the amendment: Failed 1-6 (Eason, Hesser, Fought, Hammerlun, Jonrowe, Gonzalez opposed) Jonrowe said she thinks vaping devices should be held to the same standards as cigarettes, but knowing people can engage in this behavior in their own homes and cars. There was much discussion. Vote on the original motion: 6-1 (Brainard opposed) Meeting recessed to Executive Session under Section 551.071 of the Local Government Code — 8:09PM Executive Session 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. U 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 - Litigation Update: Hoskins v. City of Georgetown - CTSUD Update - LCRA Update - Lake Water Treatment Plant Sec. 551.074: Personnel Matters - City Secretary Annual Performance Evaluation - Municipal Court Judge Annual Performance Evaluation - Human Resource Director Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Wolf Ranch Project Municipal Utility District (MUD) Ad ourninent — .Meeting returned to Open Session and adjourned at 9:01 PM Certificate of Posting I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8`" Street, a place readily accessible to the general public at all times, on the day of 2014, at , and remained so posted for at least 72 hours preceding the scheduled time of said meeting. Jessica Brettle, City Secretary George G '` ver, Mayor Atte: City Secretary