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HomeMy WebLinkAboutMIN 06.24.2014 CC-RNotice of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, June 24, 2014 Minutes The Georgetown City Council will meet on Tuesday, June 24, 2014 at 6:00 PM at the Council Chambers at 101 E. 71h 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. Motion to Adjourn Executive by Jonrowe, second by Gonzalez - 6.02 pm Regular 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 Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports Eason provided the Mayor and Councilmembers with the following report from Allison M. Schulze, AICP, Lone Star Rail District. On behalf of Board Vice Chairman Tullos Wells, the July 11 meeting of the Executive Committee is cancelled. As always, we are mindful of the demands on your schedules and want to make sure we use your time wisely. You get a pass in July; but, please make sure the August 1 Executive Committee meeting is on your calendars. The Executive Committee will meet as scheduled at 10:00 a.m. Friday, August 1, at the San Marcos Activity Center to hear a briefing and consider a resolution of support for the Locally Preferred Alternative on the Austin urban rail project in Central Austin. Since we're not meeting in July, I want to let you know that staff is busy on several fronts First and foremost, and for those who were unable to attend the June Board meeting, we executed the Burns & McDonnell contract for environmental services on the combined passenger rail -freight rail bypass project and issued the Notice to Proceed on June 6! As you know, this is a major milestone for LSRD. Staff and the consultant team are working to tee up the project in anticipation of issuing the federal Notice of Intent in 60-90 days. On June 30, Rail District staff will meet with our federal and state partners to formally kick off the project. Now that the Burns & Mac contract is executed, staff is working with Jacobs to re -scope their contract. We will remove all tasks on the environmental impact statement (EIS) and only continue EIS -related tasks such as financial planning, station area planning, ridership, and operations planning and coordination with Union Pacific — i.e., discrete services Jacobs has been providing to the Rail District. Staff is scheduling meetings with TXDOT senior staff and the Transportation Commission on state funding and TERP funding. Staff continues to work with our local jurisdictions to develop local funding agreements for annual 0&M of the LSTAR passenger service. Staff is working with City of San Antonio staff on creating TIF districts. The Rail District's presentation to the San Antonio Council at its B Session, originally scheduled for June 18, has been postponed to August or September. Staff is also working with the City of San Marcos to set its TIF participation rate at 50%, and staff is in the early stages of staff -level meetings in New Braunfels and Schertz. Staff continues to pursue partners for a public-private partnership for the project as a whole and for real estate -value capture around the rail stations. Staff submitted the Rail District's single audit for FY 2013 to the Federal Audit Clearinghouse on June 12. In accordance with our standard procedure, we will present the audit to the Finance Committee in August, along with the proposed FY 2015 budget, and to the Board in September. Finally, I'm delighted to announce that the WTS Heart -of -Texas Chapter honored Project Connect and the CAMPO Transit Working Group on June 19. Our very own Board Chairman Sid Covington and Rail Director Joe Black were singled out for their outstanding work on Project Connect and the TWG. From Alison M. Schulze, AICP, Lone Star Rail District City Manager Comments - Tennis Center, River Ridge and Village Pools open July 4`n - Airport Terminal open July 4`n - Normal Trash Collection on July 4`n Brandenburg announced that the Tennis Center Pool, the River Ridge Pool and the Village Pool would all be open on the Fourth of July. He mentioned that the Airport Terminal would be open for the holiday also. He said that there would be normal trash collection throughout the Fourth of July holiday. Action from Executive Session Motion by Jonrowe, second by Fought to approve a settlement with TCEQ relating to the Dove Springs Wastewater Treatment Plant for a supplemental environmental project on terms discussed in Executive Session. Approved 7-0 Motion by Jonrowe, second by Eason directing staff to coordinate a review and update of engineering studies for the Inner Loop/Southwest Bypass corridor analysis and to present the findings to GTEC and GTAB for recommendations, concerning an OTP amendment, to the City Council on or before October 14, 2014. 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 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. Ellsworth Peterson would like to thank the City Council and the Arts & Culture Advisory Board for $3,000 given to the Georgetown's Festival of the Arts to support concert in San Gabriel Park Mr. Ellsworth expressed thanks to the City Council for the funding that the Georgetown Festival of the Arts received from the Arts and Culture Board. He spoke briefly about the history of the Festival of the Arts and spoke of some of their events, including the Concert in the Park event. Ellsworth presented Councilmembers with two color brochures showing how a festival is put together and a schedule of events brochure for the Spanish Fiesta Festival held May 29`n through June 151, 2014. Ellsworth acknowledged members of the committee who were present. - Mr. Chris Jolly would like to address the Council regarding the Georgetown Airport Jolly was not present - Mr. Dave White would like to address the Council regarding the Georgetown Airport White addressed the Council about his concerns regarding the Georgetown Airport. He introduced himself as a member of the Airport Concerned Citizens (ACC). He voiced concern for two issues: 1) the ACC request to Council for a public consensus on the Federal funded airport program and 2) the request for City Council to cause a professional services contract for a feasibility study for an alternate airport site. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items 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 from the May 20, 2014 Special Meeting, the May 28, 2014 Special Meeting and the June 10, 2014 Workshop and Regular Meeting -- Shelley Nowling, Deputy City Secretary and Jessica Brettle, City Secretary D Consideration and possible action to appoint the members of the Georgetown City Council to serve as voting alternates to the Mayor on the CAMPO Transportation Policy Board — Mayor Dale Ross E Consideration and possible action to approve an Interlocal Cooperation Agreement and related amendment between the City of Georgetown Police Department and the Austin Regional Intelligence Center, in collaboration with nine other public safety agencies, for law enforcement data analysis across multiple law enforcement jurisdictions -- Chief Wayne Nero F Consideration and possible action to approve a Resolution authorizing the City of Georgetown to participate in an interlocal agreement with the Purchasing Association of Cooperative Entities (PACE) for the purpose of participating in their interlocal purchasing cooperative program -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer G Consideration and possible action to approve a Resolution authorizing the vacation and abandonment of public utility easements and building lines originally established on Lots 6 and 7, Georgetown South Phase One, a subdivision of record in Cabinet C, Slide 215, said Lots 6 and 7 and now being part of Lots 2-10, The Final Plat of Pleasant Valley Section Two, a subdivision of record in Cabinet CC, Slide 210, Plat Records, Williamson County, Texas — Terri Glasby Calhoun, Real Estate Services Coordinator and Wesley Wright, P.E., Systems Engineering Director H Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve the purchase of water meters, meter registers and associated hardware for the remainder of FY 2013-2014 and FY 2014-2015 on an "as needed" basis from Hydropo Solutions, the sole source provider, in the estimated amount of $100,000 -- Jimmy Sikes, T&D Services Manager; Trina Bickford, Purchasing Manager and Glenn W. Dishong, Utility Director I Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to amend the City's electric system pole attachment rate -- Glenn W. Dishong, Utility Director J Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Discussion and possible action to approve the execution of Amendment #1 to the Electric Substation Purchase Agreement between the City and LCRA in the amount of approximately < $299,079.09 > -- Jimmy Sikes, T&D Services Manager and Glenn W. Dishong, Utility Director K Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to authorize the Police Department to proceed with the procurement of video interview room equipment for the Public Safety Operations and Training Center from L3 Mobile Vision, Inc. in the amount not to exceed $75,000.00 -- Wayne Nero, Chief of Police L Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to authorize the Police Department to proceed with the procurement of fitness equipment for the Public Safety Operations and Training Center from Life Fitness in the amount not to exceed $91,000 --Wayne Nero, Chief of Police M Consideration and possible action to approve a Resolution acknowledging a petition and setting public hearing dates for the Voluntary Annexation of 753.3 acres in the Perry, Thompson, Donagan, and Stubblefield Surveys, to be known as Wolf Ranch Hillwood, generally located at West University Avenue and Wolf Ranch Parkway -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director N Consideration and possible action to approve a Resolution acknowledging a petition and setting public hearing dates for the Voluntary Annexation of 406.3 acres in the Eaves Survey, to be known as Sun City, Queens Tract, located on Highway 195 near Sun City Boulevard -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director O Consideration and possible action to approve a Resolution acknowledging a petition and setting public hearing dates for the Voluntary Annexation of 768.9 acres in the Foy and Dyches Surveys, to be known as Sun City, Somerset Hills Tract, located near CR 245 and Ronald Reagan Boulevard -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director Motion by Hammerlun, second by Hesser to approve the consent agenda with the exception of item C, which was pulled to the Regular Agenda by Brainard. Approved 7-0 Legislati-ve Regular Agenda C Consideration and possible action to approve the minutes from the May 20, 2014 Special Meeting, the May 28, 2014 Special Meeting and the June 10, 2014 Workshop and Regular Meeting -- Shelley Nowling, Deputy City Secretary and Jessica Brettle, City Secretary This item was moved to the Regular Agenda by Brainard. Brainard asked that the caption for Item L from the June 10, 2014 Regular Meeting be revised to read: Consideration and possible action to approve the kitchen renovation at the Mary Bailey Head Start Center in the proposed 2014/15 Budget not to exceed $40,000 — Micki Rundell, Chief Financial Officer and Paul E. Brandenburg, City Manager Motion by Fought, second by Gonzalez to approve the revised language of Item L on the June 10, 2014 regular meeting minutes. Approved 7-0 P Consideration and possible action to approve amendments to the Fire Step Pay Plan effective August 1, 2014 -- Tadd Phillips, Human Resource Director Phillips said that he had addressed the General Government and Finance Advisory Board (GGAF) in late May and had explained that there was a need for a Fire Step Plan amendment. Phillips presented a Power Point Presentation and spreadsheet showing pay range comparisons. He explained that the amendments to not impact the current budget year and there will not be additional budget changes. He spoke of the importance of being able to recruit and retain talent. Gonzalez asked if the Police Department had been reviewed. Phillips said the Police Department was in range for compensation but the Fire Department was not. Phillips said he will be bringing market comparisons to Council very soon. The Police Department will be reviewed again at that time. Motion by Brainard, second by Hesser to approve amendments to the Fire Step Plan effective August 1, 2014. Approved 7-0 Q Discussion and possible action regarding the enforcement of the Unified Development Code, Chapter 10 requirements for Temporary Real Estate and Home Builder Open House Signs -- Jerry Hammerlun, Councilmember, District 5 The item was read by Hammerlun. He asked the Council to consider two things. The first thing to consider, he explained, was to remove the enforcement of the UDC requirements for temporary real estate and home builder open house signs. Hammerlun explained that a presentation had been made in March of 2011. He said there was a need to be flexible at the time, but the Council could revise the policy now because of the improved economic environment. Hammerlun said the second thing would be to remove the moratorium. He asked Council to give direction to staff. Citizens Alex Hayes and Jill Fussell signed up to speak on this item but each were absent when Mayor Ross called them to the podium. Motion by Hammerlun, second by Gonzalez to remove the moratorium and UDC enforcement for temporary real estate and home builder open house signs. Approved 7-0 R Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Patin Construction Co. of Taylor, Texas, for pedestrian improvements, rehabilitation of the roadway and curbs on and along 9th Street between Austin Avenue and Main Street, in the amount of $794,947.00 -- Edward G. Polasek, AICP, Transportation Services Director and Mark Miller, Transportation Services Manager Wright explained that this project is for Rock Street, from Main to Austin Ave. He explained the there is a Part A and a Part B to the project and the City currently has the funds to finish both Parts A and B. Fought asked if this was a complete rehabilitation. Wright answered that it was. Fought asked why chipseal was not being use. Wright explained the chipseal is a pavement presentation process. He said the downtown project was more of a complete reahabilitation. Jonrowe asked Wright to explain the scope of the work. Wright said to picture this area as an alley. There will be curbs and pedestrian improvements. He said the conduit will go underground, curbs gutter sidewalks, etc. — a complete rehab. He explained that the sidewalk will be widened on South side. These improvements are all part of the Master Plan, Wright said. Motion by Jonrowe, second by Hesser to award the Construction Contract. Approved 7-0 S Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a contract for 2014 Capital Improvements to Smith Contracting of Austin, Texas in the amount of $679,594.00 -- Edward G. Polasek, AICP, Transportation Services Director and Mark Miller, Transportation Services Manager Wright spoke on the item and said that it was very similar to the previous item. He explained that the low bidder got the project. This project will combine 6`h and 2"d street work. The electric will be set up to go underground. Wright then read the caption. Motion by Jonrowe, second by Hesser to award the contract. Approved 7-0 T Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to award a contract with Lewis Contractors, Inc. of Georgetown, Texas, for the construction of Public Safety Training Facility off-site wastewater improvements in the amount of $913,950.00 -- Wesley Wright, P.E., System Engineering Director Wright read the caption and then joked that the Police Chief wants running water in the new Public Safety Facility. He explained that the funds for this project are already in the Police Department and Electric Department's budget. Motion by Eason, second by Gonzalez to award the contract. Approved 7-0 U Forwarded from the General Government and Finance Advisory Board (GGAF): First Reading of an Ordinance formally adopting the Fiscal and Budgetary Policy to be used in preparing the 2014/15 annual budget and to guide financial operations -- Micki Rundell, Chief Financial Officer (action required) Rundell read the ordinance. She explained that the General Government and Finance Advisory Board (GGAF) is a subcommittee of the City. Motion by Hammerlun, second by Brainard to formally adopt the fiscal and budgetary policy. Approved 7-0 V Second Reading of an Ordinance for the Rezoning of 116.45 acres from the Agriculture (AG) District to 1.51 acres of Neighborhood Commercial (CN) District, 5.09 acres of Local Commercial (C-1) District, and 109.54 acres of Residential Single -Family (RS) District, located on Williams Drive and behind Ford Elementary School and the Woodlake residential subdivision, adjacent to Lake Georgetown -- Mike Elabarger, Senior Planning and Andrew Spurgin, AICP, Planning Director (action required) Spurgin read the second reading of the ordinance for the rezoning. He explained that this ordinance was only for the annexation of property. He said that no muds or special requirements have been requested. Spurgin went on to say that Council had approved the annexation on June 10, 2014. He explained that the annexation is part of the 2030 Comprehensive Plan and that the developer's plans fit the city's requirements. The property is not located with the 100 year flood plain nor the 500 year flood plain, Spurgin said. He explained that there was earlier confusion with maps. The color indicators on the Council District maps had distorted the flood area because the coloring for District 3 and the flood plain area coloring were the same, making the flood plain area look distortedly huge. Spurgin showed a table of zoning comparisons. He explained how the City would prefer smaller lot sizes because they will prefer sewer to septic. Spurgin went on to say how the preliminary plat for the property is far from improvement. The platting process is quite long he said and the developer would still have to meet all of the set requirements of the City. He said that road adequacy must meet traffic requirements before a development would be approved. A Traffic Impact Analysis will be required. Spurgin then listed several City Developments that are similar developments to the proposed development for this property. Spurgin read the ordinance caption again. Many citizens signed up to speak on this item. Mayor Ross called the speakers up one at a time. Each speaker was given three minutes. Most of the speakers voiced grave concern for the traffic safety in their neighborhood. Flooding concerns were also mentioned. The Council was asked not to approve the rezoning of this property. They were asked to zone the property as RL instead of RS. They want to be assured that this will be low density property. One speaker, Don Young, called himself the spokesman for the residents of the Woodlake neighborhood explained to Council that even though this is only annexation at this time, the people feel that if they wait too long to voice their concerns about streets, traffic and other issues it will be too late. Speakers signed up to speak on this item included: JD Farrow, Barbara Jones, Edwina Bell, Carolyn Pepi, Tom Pepi, Jose Padilla, Helene Glanz, Brent Kenney, Kristina Lane, Jolene Bruce, Michelle Baran, Don Young, Lorraine Bystamante, Margie Turner, Heather Lavelle, Charles Hepburn and John Bruce. Mayor Ross explained that the rezoning ordinance was simply a preliminary step. He went on to say that traffic studies and drainage issues would be addressed in the process that the City follows. He explained that safety would be looked at many times and in many ways during the regular process of approval. Brian Birdwell, a developer for the proposed development, said that he is equally concerned about safety and all of the issues that were proposed. He said that he is requesting RS Zoning because that is what works best for the project. Birdwell went on to say that the project would be an asset to the City. He said that the project would adjust to all City requirements as the process goes along. He said he wanted to assure the citizen speakers that all of the concerns would be addressed during the planning process. Eason asked Spurgin to explain the difference of RL and RS zoning. She asked if there were options and if those options could be discussed at the Planning and Zoning Commission. Spurgin went on to explain the zoning. He said that the applicant requested RS Zoning but the low density zoning for the property and the 2030 Plan would support RS, RL or RE. He went on to say that many things must be considered when zoning, including the City tree requirements, salamanders, etc. The difference lies in the size of the lots. The City prefers smaller lots because they prefer sewer to septic. Spurgin said that the applicant is not opposed to RL zoning. Gonzalez spoke about the confusion of what is meant to happen tonight. He explained that even with a Rezoning Approval, the City would still require the developer to meet all other requirements. The development may or may not happen still, he said. The developer must follow the city policy as the process is set up, he explained. Gonzalez said it would be unfair to ask the applicant to invest more money in the project before he even knows it is annexed and zoned properly. Jonrowe thanked Spurgin for his extensive work and research. She asked Spurgin fi the developer could request variances if the rezoning was approved. Spurgin explained that the UDC has very few variances. He said a Traffic Impact Analysis is done by the developer and another would be done by the City. Any impass on mitigation would come back to the Council. When asked, Spurgin said that speed limits on Woodlake and Wildwood were both 30 mph. Jonrowe then asked about land use plans for the area. Spurgin said that the original plan is for low density and RS, RE and RL Zoning are all low density. Hammerlun asked how the process proceeded after zoning was approved. Spurgin explained that the preliminary plat is under review. He said that the process is not even close to approval and still needs studies on utilities, drainage, park space, trees and water, for example. Spurgin explained a 3 unit phasing plan of Planning Commission approval, Infrastructure and then bonded. The applicant would then start the building permitting process. Hammerlun asked if this was similar analysis to the Georgetown Village PID and Berry Creek. Spurgin said that analysis is essentially a staff review. Hammerlun mentioned the people in the Georgetown Village PID were able to monitor the TIA development and had an impact on a new traffic signal. Fought shared his belief that one must say what you are going to do you say- no surprises and a gotcha at the end. He voiced the importance of transparency in government. Fought said that we must follow the city policy and process. He told the citizens that their concerns are legitimate and that those concerns will be addressed in the process established. Hesser said that he will vote yes for the rezoning. He told the citizens that this item was postponed at the last City Council meeting because the Council wanted to further understand the concerns and issues. He thanked Spurgin for his homework and thanked Birdwell. Hesser went on to explain that this is a traffic issue, not a zoning issue. He said that is in the limits of an RS development. The process will provide for the scrutiny and safety, he said. Hesser said that Birdwell has agreed to build the project in two sections and will not begin building section 2 until the street build out is in. Brainard asked Spurgin about the TIA safety concerns. Spurgin explained that a Traffic Impact Analysis will be required. He said that traffic safety will be studied. Spurgin explained that the UDC required a mitigation plan. The plat would be denied if it does not fit. He then said that a delay can be required until improvements are in place. This can limit the traffic impact, he explained. Spurgin said that the City retains a consultant and that the completion of the plat would not be done if the TIA does not fit. Ross thanked the speakers and said that council has heard them loud and clear. Motion by Gonzalez, second by Fought to approve the zoning. Approved 6-1 (Eason opposed) Ross called a three minute break at 7:37 PM. Meeting resumed at 7:40 PM. W Second Reading of an Ordinance amending Chapter 8.04 "Fire Prevention Code" to provide for the adoption of the 2012 International Fire Code and corresponding local amendments — Clay Shell, Assistant Fire Chief (action required) Assistant Fire Chief Shell read the ordinance caption for adoption of the Fire Code and local amendments. Dave Heckert spoke for 6 minutes on this item, taking 3 minutes for Tom Salmon. John Marler signed up to speak on this item as well, but told Mayor Ross that he would prefer to speak on Item X. Heckert commented about Items W, X and Y. He said that he was angered that he needed to be there. Heckert said he never thought he would have to defend the right to possess illegally sold items, especially in Texas. He said that the amendments for Fire Code, Fireworks and Fire Dept. are unconstitutional and infringe on citizens' rights. He does not want lawful conduct monitored by government. He said that it violates the fourth and fifth amendments. He voiced concerns about the authority of a Fire Marshall. Citizens should be able to purchase and store illegal fireworks Heckert said. Home owners have a right that would be violated by these Codes. Freedom would be infringed. He said these Ordinances would stifle freedom. Government would be intolerable. Bill Kelberlau spoke next on this item. He said the purpose of an ordinance is to provide for the safety of the citizens. He said that responsible behavior should be the focus. Kelberlau acknowledged the need to do what is intelligent and makes comment sense. He said the actual definition of fireworks and other devices needs to be examined. They exist in everyone's home, Kelberlau said. He asked the Council to consider what the real goal in safety is. He asked if the goal would be best possible services. He said that the City should deal with unsafe people causing problems, but do not punish the citizens as a whole. He acknowledged the need for enough in ordinance to deter behavior. The ordinance should only punish criminals and keep others safe. Kelberlau explained that making criminals of citizens is the wrong way to go. He asked the Council not to criminalize law abiding citizens. He suggested more citizen input on these types of ordinances. Hesser asked Shell to describe the purpose of the ordinance. Shell said that the City is currently using the 2003 International Fire Code and will be updating to the 2012 International Fire Code. He explained that this is the standard code, a regulating code, used across the nation. Shell said this process has been followed since the early 1990's. The international code is what we adopt for our building codes as well as fire codes. He said that a standard code is required. It would not be legal to have our own. Hammerlun said we are actually behind some other municipalities in specifics. Discussion followed on this topic. Motion by Jonrowe, second by Hesser to approve the Fire Prevention Code. Approved 7-0 X Second Reading of an Ordinance amending Chapter 8.08 "Fireworks" relating to regulation of fireworks within the City limits and extending for a distance outside the City limits for a total of 5,000 feet — Clay Shell, Assistant Fire Chief (action required) Assistant Fire Chief Shell read the ordinance caption. Citizens John Marler, Tom Salmon, Ronda McCauley, David Schumacher, Brenda Dell, Rick Lutowski and Dave Heckert signed up to speak on this items. Speaker Marler asked why we need to have change. He explained the law of unintended consequences. Citizen speakers voiced objection to a Fire Marshall having the authority to enter homes. They said that this was too much power and violated the constitution. The speakers voiced concern about suspected fireworks, definitions of suspected and definitions of fireworks. They voiced the need for more specific definitions in the Ordinance. The citizen speakers expressed concern about government's role and what it could lead to. Some expressed concern for their constitutional rights. They are concerned about warrantless searches. They asked that this be submitted to a citizen review. Mr. Lutowski gave a quote from John Adams saying "Those who give up liberty for a little safety shall have neither" Gonzalez asked Shell if it was legal to possess fireworks. Shell said that it is not. Shell explained that this has been the law in Georgetown for 28 years. Discussion followed regarding the confiscation of fireworks and storing and transporting fireworks. Shell said the Fire Department's intent is education in these matters. He said perhaps some language educating people that a Fire Marshall is a law enforcement officer. Chapman was asked to explain the legality of some of the items in this discussion. Gonzalez asked if a citizen could have open fireworks in a garage. Chapman explained that open packaging was illegal but law enforcement could not approach without probable cause and the same would be the case for transporting fireworks. Discussion followed at length. Gonzalez said that he would not support the Ordinance. Brainard asked Shell to read the law. Brainard read it. Brainard said it is a complete blanket prohibition of fireworks. He asked if it is correct that this is what we are voting for. Shell said the only thing changing is the confiscation of fireworks according to state law. Discussion followed. Brainard said holding a sparkler is against the law — a violation. Eason reiterated that there must be probable cause. It must be complaint driven. She said that there are definite fire possibilities. She explained that it has happened in Old Town. She reminded Council that firefighters cannot do anything without probable cause. She said that she supports the ordinance. Fought said that he is comfortable with an ordinance that says you cannot set off fireworks "without a license". He told of a birthday celebration where the restaurant put 3 lit sparklers on his birthday cake. He knows that he was an accomplice to a felony sparkling. He agrees that you cannot outlaw everything that is dangerous. He suggests that people need to be responsible for themselves. He spoke of a fifteen year old with a sparkler having a misdemeanor record. He said this must be thought about more. He said this is going too far. He suggests this go back for legal review. Jonrowe asked Shell about special permits to set off fireworks. Shell explained that this if for professional fireworks companies only. They must meet the insurance requirements and state requirements. Jonrowe said it is our responsibility to change the expectation of protecting children. She said if sparklers were called third degree burn -makers people would take it more seriously. She suggested moving forward with this. Motion by Jonrowe, second by Gonzalez to approve the Ordinance. Motion by Gonzalez, second by Jonrowe to amend the ordinance to allow citizens to own, possess, store and transport fireworks, open or unopened in the City of Georgetown. Hesser had objection to the 5,000 feet requirement. Motion by Hesser, second by Gonzalez, to amend the Ordinance to strike the 5,000 ft. requirement. Discussion followed regarding this not being possible. Hesser retracted his motion to amend. Vote on the amendment: Approved 7-0 Vote on original motion as amended: Approved 7-0 Y Second Reading of an Ordinance amending Chapter 2.28 "Fire Department" to reflect recent organization changes and other updates — Clay Shell, Assistant Fire Chief (action required) Shell read the caption. Citizen signing up to speak on this item include Bill Kelberlau, Dave Heckert, Tom Salmon, Terry Putnam and John Marler. The citizens voiced concern of increasing the City staff. Their concerns include the long term cost of a Fire Marshall. They voiced concern for the cost of salary and benefits, back-up personnel and investigative training and materials. They asked the Council to consider the cost now, the 10 year cost and the 20 year cost. They also voice concern again for the authority of a Fire Marshall. They asked that warrant language be included in the ordinance. Shell said the Fire Department is only alerted by complaint driven incidences. He said the Fire Marshall could then issue a citation. Shell explained that citations are very rare. In all of his years with the City, there has only been one home that they were alerted to by probable cause. He said this home had cases and cases of dangerous fireworks in the garage, which was a safety hazard for others in the neighborhood. He explained that this individual worked with the City and was never even cited. Brainard explained that even if no one was taking advantage of the laws available today, they could perhaps 20 years from now and misuse it. Brainard asked Shell about the Fire Marshal Fee Schedule. Shell said that it had been passed in 2001. He explained that insurance is billed for some type of calls, never for residential, but mainly for corporations. Shell said that if someone was burning illegally they can be charged. Insurance companies pay the fees and the revenue is used to replace outdated equipment, etc. Shell explained that the Tanker Spill in Sun city would be an example to a corporation receiving a fee for misuse. Brainard said that as a matter of principal, he could not support an individual, not accountable to the citizens or to council, being able to set fees. Shell said that the fee issue was going to the General Government and Finance Advisory Board tomorrow for a possible contract with a billing company and that company follows a standard of reasonable fees. Motion by Jonrowe, second by Fought to approve. Motion by Brainard, second by Gonzalez to amend the ordinance to not allow the Chief to set fees without the approval of City Council. Vote on amendment: Approved 7-0 Vote on original motion as amended: Approved 7-0 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. Z 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 - Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve a settlement with TCEQ relating to the Dove Springs Waste Water Treatment Plant -- Glenn W. Dishong, Utility Director - Inner Loop/Southwest Bypass Transportation - Dunlap -CTSUD - Hillwood Development Sec 551.074: Personnel Matters - City Manager Goals Motion to adjourn by Jonrowe, second by Gonzalez to adjourn the meeting. Adjourned at 8:35 PM Adjournment at 8:35 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`h 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 Dale oss, Mayor Attt City Secretary