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HomeMy WebLinkAboutMIN 09.25.2009 CC-RMinutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, August 25, 2009 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent: Dale Ross, Gabe Sansing, Ben Oliver, Pat Keith Brainard Berryman, Bill Sattler, Patty Eason Staff Present: Paul E. Brandenburg, City Manager; Jessica Hamilton, City Secretary; Patricia E. Carls, City Attorney; Micki Rundell, Chief Financial Officer; Jim Briggs, Assistant City Manager for Utility Operations; Elizabeth Cook, Director of Community Development; Mark Thomas, Economic Development Director; Kevin Russell, Director of Human Resources and Civil Service; Kathy Ragsdale, Utility Officer Director; Terri Calhoun, GUS Paralegal; Lorie Lankford, Accounting Manager; Laurie Brewer, Assistant Finance Director; Leticia Zavala, Project Manager; Mark Miller, Transportation Services Manager; Jordan J. Maddox, AICP, Planner III; Tommy Garcia, Planner II; Robbie Wyler, Historic District Planner Minutes Regular Session - To begin no earlier than 06:02 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures -Presentation of Proclamation honoring Childhood Cancer Awareness Month Speaker, Walloopillai spoke about Childhood Cancer and how it has affected her life and the lives of others Garver read the proclamation to the audience. City Manager Comments (get from Shirley) The splash pool at the Recreation Center will be open on Saturday, August 29�, Saturday, September 5`h, and on Labor Day, September 7" from 10:00 a.m. to 8:30 p.m. All other pools closed on August 23`d and will not be open on these days. City of Georgetown offices will be closed on Monday, September 7, 2009 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 City Council Meeting Minutes/August 25, 2009 Page 1 of 12 Pages Tennis Center Visitors Center Trash Collection 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 Georgetown Convention & Visitors Bureau received six first place awards during the Texas Association Convention & Visitor Bureau (TACVB) Annual Idea Fair held in Waco last week. Awards were received in the following categories: • Advertising • Tourism Promotion (2009 Redesigned Visitor Guide) • Website (visitgeorgetown.com) • Cooperative Marketing (Holiday Marketing Campaign) • DVD/Video • Best Green Project (City -Wide Garage & Sidewalk Sale) Elizabeth Cook, who has been with the City of Georgetown since April 23, 2007, was recently promoted and named Community Development Director for the City. Congratulations Elizabeth. Action from Executive Session - There was no action out of Executive Session. Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subiect not posted on the 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 - Susan Boyd regarding irrigation and landscaping on South Main Street Susan Boyd was not present at the meeting to speak - Ali Jaglowski and Cynthia Guerrero from Williamson County Cities and Health District regarding the ACHIEVE/Healthy Hearts Coalition Guerrero spoke about the Williamson County Cities and Health District and said they have recently received an ACHIEVE grant. She said they were one of 43 to receive this award, which will help them build a coaition to build strategies to reduce obesity, heart disease and other illnesses. She introduced Ali Jaglowski, who said she is with the National Association of Chronic Disease Directors. She said Georgetown was selected over 100 applications for this grant. She listed the qualities that helped Georgetown stand out against the other applicants. - Chris Dyer regarding the "Up the Chisolm Trail' event Dyer thanked Council for letting "Up the Chisolm Trail' continue to be a City sponsored event He said the Chuckwagon drive and cook -off occurs on September 11th and 12th and added he hopes to see 8,000-12,000 people attend the event. He noted it takes a lot of support from the City level and said they received HOT funding to help finance the event. 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. C Consideration and possible action to approve the minutes of the Special Council Meeting held on Monday, August 10th, the Workshop held on Tuesday, August 11th and the Council Meeting on Tuesday, August 11th -- Jessica Hamiton, City Secretary D Consideration and possible action to approve a Resolution finding public convenience and necessity and City Council Meeting Minutes/August 25, 2009 Page 2 of 12 Pages authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement and a temporary construction easement from West Georgetown Development Co., to effectuate certain public utility infrastructure improvements in connection with the 2006 Annexation Utility Improvement Project -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations E Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement and a temporary construction easement from Westover Enterprises, Inc., to effectuate certain public utility infrastructure improvements in connection with the 2006 Annexation Utility Improvement Project— Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations F Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of a permanent utility easement and a temporary construction easement from James C. Neimann, to effectuate certain public utility infrastructure improvements in connection with the 2006 Annexation Utility Improvement Project-- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations G Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of real property from Roger E. Caluette and Patricia A. Caluette, to effectuate certain public infrastructure improvements in connection with the Southeast Arterial One roadway project -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations H Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of real property from Robert and Bonnie Molnar, to effectuate certain public infrastructure improvements in connection with the Southeast Arterial One roadway project -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations I Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of real property from Mark and Kimberly Molnar, to effectuate certain public infrastructure improvements in connection with the Southeast Arterial One roadway project — Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations J Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of real property from James David Honeycutt, to effectuate certain public infrastructure improvements in connection with the Southeast Arterial One roadway project — Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations K Consideration and possible action on a Preliminary Plat for 2.28 acres in the Flores Survey, to be known as the Woerner-Baker Subdivision, located at 2501 N. Austin Avenue -- Tommy Garcia, Planner II and Elizabeth Cook, Acting Director of Planning and Development Motion by Ross, second by Sansing to approve the Consent agenda in its entirety. Approved 6-0 (Brainard absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: L Public Hearing on 2009/10 Annual Budget— Micki Rundell, Chief Financial Officer and Paul E. Brandenburg, City Manager Rundell reviewed the item and presented to Council a public hearing synopsis over the 2009/10 budget. She said this hearing is a requirement of the Local Government Code. She said the 2009/2010 budget is $189.1 Million. She said the General Fund is $39.2 Million and added all Capital Improvements total $41.9 million of which $6 million are rolled forward from the previous year. She said the assessed valuation upon which this budget is based is $4.17 Billion, which is a decrease of 1.57% from last year. She noted the average home value this year is $188,789, which is a 2.1 % decrease. She said the proposed tax rate is $0.3637 compared to last City Council Meeting Minutes/August 25, 2009 Page 3 of 12 Pages year's rate of $0.35622. She said the proposed tax rate is still 13% below the effective rate. She spoke about programs and services included in the budget. She said this is a status quo budget with no change in service levels. She said this budget addresses and includes frozen positions and retirement issues. She showed Council a graph demonstrating where all of the money in the City comes from. She also showed a graph showing the expense percentages. She said, in the General Fund, there is now a five -legged stool because sanitation services have been rolled into the General Fund. She said this budget is now policy compliant and noted that ongoing expenses are funded with ongoing revenue. Rundell spoke about the contigency reserves and said they amount to $13.8 million City-wide. She said $6.74 million of contigency reserves is set aside in the General Fund. She said there are $41 million worth of capital improvements included in the budget this next year. She listed those various planned improvements. She spoke about general capital projects including the design of fire station #5, Williams Drive widening, DB Wood/Willliams Drive Intersection improvements and new public safety software. She said the City's projected debt issue is $22.2 million. She spoke about utility rates and said, while the rates won't change, the Power Cost Adjustment will continue to be adjusted as costs fluctuate. She said there are no changes in both the wastewater and water rates. She noted there is, however, a proposed rate increase for Garbage rates. Rundell spoke briefly about the proposed property tax rate. She compared last years taxable value to this years taxable value. She said there is currently $245 million of valuation still under protest with the appraisal district She showed Council a graph showing the growth of appraised valuation in the City. She showed Council a graph of the City assessed valuation per capita. She defined the meaning of the "effective rate" and said it is set at $0.41817, compared to the adopted 2008 tax rate of $0.35622. She said the current proposed rate is $0.3637. She described the O&M and the I&S portions of the budget. She showed Council a property tax rate comparison and said Georgetown has maintained the lowest tax rate out of anyone in Central Texas. She spoke about the next steps with the budget and tax rate. Sattler asked and Rundell said the City can only certify 60% of the assessed valuations under protest. Rundell noted the City will probably get about 90% of the valuations when all is said and done. Public Hearing was opened at 6:32 p.m. No persons were present to speak. Public Hearing was closed at 6:33 p. m. M Consideration and possible action to approve a Resolution to accept the 2009 Tax Appraisal Roll for the City of Georgetown as presented by Deborah Hunt, Tax Assessor-Collector--Micki Rundell, Chief Financial Officer Rundell described the item. Motion by Sansing, second by Ross to approve the Resolution. Approved 6-0 (Brainard absent) N First Reading of an Ordinance for Garbage Rate adjustment -- Kathy Ragsdale, Utility Office Director Ragsdale described the item and said this started back in September 2007 when a new contract was re -negotiated with Texas Disposal Systems (TDS). She said the billing structure was reorganized into a three tier system and she described the qualifications for each tier. She said the current rate is not supporting the costs of current services. She said they are proposing an increase in the rates and described those various increases. Ragsdale read only that caption of the Ordinance after having satisfied the requirements of the City Charter. She said staff has become aware of some costs included in the rate that are no longer relevant, which will allow the City to change the rate. Briggs described this cost change. Rundell said the original rate was a 50 cent increase and added, with this adjustment, she believes staff could shave 20 cents off of the increase. She said the reason why the increase is still required is because of the cost of providing the services to citizens as well as other non -contract related expenses. Sattler asked and Rundell agreed it would be a 30 cent increase. Oliver said and Rundell stated, on second reading, staff will come back with this new rate adjustment. Sansing read and Ragsdale confirmed the different fees for each tier. Sansing asked and Ragsdale said the last rate increase was in September2007. She noted the City restructured the billing structure since then. Ross asked and Briggs said, of the 30 cent increase, 20 cents is related to the City's cost and 10 cents would be related to the TDS costs. There were many questions. Sattler thanked Briggs and the staff and said that this shows that staff is looking out for the utility rate customer. Briggs added TDS staff has been working with the City as well. Brandenburg said the new changes will be made to the Ordinance before second reading. Motion by Oliver, second by Ross to approve the Ordinance on first reading. Approved 6-0 (Brainard Absent) O First Reading of an Ordinance levying a tax rate for the City of Georgetown for the tax year 2009 -- Micki City Council Meeting Minutes/August 25, 2009 Page 4 of 12 Pages Rundell, Chief Financial Officer Rundell described the item and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. She listed the current tax rate included in the Ordinance. Motion by Ross, second by Berryman that the tax rate be adopted at $0.35622 of which $0.21140 be from Operations and Maintenance and $0.144820 from Interest and Sinking and to also transfer the necessary funding of $220,000 from excess general fund balance to the debt service fund for payment of 2009/2010 bond payments. Eason said she is opposed to this motion and thinks it is bad policy to make one time payments in order to create a false low tax rate. Sattler said he will be voting for this lower tax rate and explained why he thinks this lower tax rate is plausible in this budget. Sansing said he can not support this low of a rate and is ready to come up with a number somewhere in the middle. Ross said the lower tax rate will not be cutting any services to citizens or employees. He does not see what the City will be gaining by going with the higher tax rate Sansing said the money from the higher rate would help fund general maintenance. Sansing said the City does not waste the kind money the federal government wastes. He said the City has done a great job at keeping the budget tight He noted the City is the least expensive City the Central Texas region and said he is worried about the rollback rate Oliver said he is going to vote against this and noted there is something oxymoronic about saying that there will be no reduction in service if this rate is lowered. He said he thinks there is a reduction in service when there are 26 open positions that will not be filled. He said he wants to have a budget that will not crimp the City further and prevent the opportunity to provide the full level of service to the citizens of Georgetown. Berryman said she was not here at the last meeting and was disappointed when the Council voted for the higher rate. She said the local economy is stabilizing and noted this proposed reduction will give a tiny break to the overburdened tax payer. She said the appraisals are down because the citizens are suffering. She said this is having a devastating impact in the local economy including loss of jobs and reduction in salaries.She said the City has the obligation to tighten their belts in any and every way possible in order to represent the citizens Speaker, Mitch DeSanto, said he read in the Community Impact Newspaper about the proposed tax increase and was infuriated. He said he had to take a 25% cut in pay in order to stay at his current job. He said he has made sacrifices and this economy is suffering. He added the City should not be raising taxes. He said he bought a house in Georgetown because of the low tax rate and said the City should make sacrifices for its citizens He noted the economy is not going to get better any time soon. He said he thinks Council needs to think outside of the box and think harder so there will not be an increase in the tax rate. Sansing said and Rundell confirmed the City would use the excess funds from last year to pay down the tax rate for next year. Sansing said and Rundell confirmed, if Sattler is correct in assuming the City will receive an extra $200,000 in revenue, it will replace the money used to pay down the rate. There was much discussion. Vote on the motion: Approved 4-2 (Oliver, Eason opposed) (Brainard Absent) P First Reading of an Ordinance adopting the 2009/10 City of Georgetown Annual Budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010 -- Micki Rundell, Chief Financial Officer Rundell described the item and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. She spoke about the total appropriations included in the proposed budget Motion by Sansing, second by Oliver to approve the Ordinance on first reading. Brandenburg thanked all of the division directors and staff for their hard work. He said the City is going to do more with less. Approved 6-0 (Brainard absent) Q First Reading of an Ordinance amending § 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances — Micki Rundell, Chief Financial Officer Brewer described the item and said this is a housekeeping item that goes along with the budget She said it establishes the City's organizational structure and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Ross, second by Oliver to approve the Ordinance on first reading. Sattler asked and Brewer said there will not be any financial impact and she described the three organizational changes included in the Ordinance. Approved 6-0 (Brainard absent) R First Reading of an Ordinance establishing the classifications and number of positions (Strength of Force) for all the City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas Local Government Code pertaining to Civil Service -- Kevin Russell, Director of Human Resources and Civil Service Russell described the item and said the City must, by Ordinance, establish the classifications for the Police and City Council Meeting Minutes/August 25, 2009 Page 5 of 12 Pages Fire Departments. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. He said there have not been any additions to the Fire Department and Police Department Motion by Ross, second by Sattler to approve the Ordinance on First Reading. Berryman asked and Russell said, if the Police Chief chooses to change the organization of the police department, those changes must be approved by the City Council. Approved 6-0 (Brainard absent) S Consideration and possible action to approve a Resolution to approve the proposed 2009/10 Budget for the Georgetown Transportation Enhancement Corporation (GTEC) -- Lorie Lankford, Accounting Manager and Laurie Brewer, Assistant Finance Director Brewer described the item and said the Georgetown Transportation Enhancement Commission approved this budget and held their required public hearing on August 19th. He said the budget total is $19,666,244 and noted there were no new projects included in this budget She said the budget also includes over $833,441 for Economic Development projects that have yet to be determined. Motion by Ross, second by Sansing to approve the Resolution. Approved 6-0 (Brainard absent) T Consideration and possible action to approve an Administrative Services Contract between the City of Georgetown and the Georgetown Transportation Enhancement Corporation (GTEC) for the 2009/10 fiscal year -- Lorie Lankford, Accounting Manager and Laurie Brewer, Assistant Finance Director Brewer said the Georgetown Transportation Enhancement Corporation (GTEC) bylaws require that the Board have an administrative services contract with the City. She said GTEC has always contracted with the City and noted the total budget is $204,584. Motion by Ross, second by Berryman to approve the contract Sansing said he has always thought the City pays too much for what it gets. Brewer said there is no alternative to this service. Approved 6-0 (Brainard absent) U Consideratio and possible action to approve a Resolution to approve the proposed 2009/10 Budget for the Georgetown Economic Development Corporation (GEDCO) — Lorie Lankford, Accounting Manager and Laurie Brewer, Assistant Finance Director Brewer described the item and said state law and Georgetown Economic Development Corporation (GEDCO) bylaws require the City Council ratify the approved budget She listed the total amount for the budget and said it includes operating expenses as well as capital expenses. Motion by Ross, second by Berryman to approve the Resolution. Ross said Council may want to talk to the Board and find out what the City is receiving from the Board. Brandenburg said the City could contract with outside corporations to compete with the 4A and 4B Boards. Approved 6-0 (Brainard absent) V Consideration and possible action regarding the Administrative Services Contract between the City of Georgetown and the Georgetown Economic Development Corporation (GEDCO) for the 2009/10 fiscal year -- Lorie Lankford, Accounting Manager and Laurie Brewer, Assistant Finance Director Brewer described the item and said this would approve the contract between GEDCO and the City for administrative services. She noted there is a slight decrease from the previous year and said the total contract amounts to $59,000. Motion by Ross, second by Berryman to approve the contract Approved 6-0 (Brainard absent) W Consideration and possible action to approve a scope change within the existing project management contract with Westin Engineering to manage the selection and implementation of the redesign of the City's current network infrastructure to include effective implementation of Active Directory technology -- Leticia Zavala, Project Manager and Micki Rundell, Chief Financial Officer Zavala described the item and said staff is requesting this change in order to address the fundamental problem in the City's existing network. She said Westin is going to come in and redesign the network in order to make it work. She said the City needs to move from a Novell based platform to a Microsoft Active Directory platform. She said the scope change will be funded from excess savings in the internal service fund due to programs that were delayed because of this fundamental problem. Motion by Ross, second by Berryman to approve the scope change. Ross asked and Zavala said this change was not approved in the budget but it will allow the Citys existing structure to come up to speed so that new projects can run as it should. Ross asked and Zavala confirmed this is an additional cost to the original approved amount Rundell said this is a fundamental adjustment and noted City Council Meeting Minutes/August 25, 2009 Page 6 of 12 Pages the City is operating like it is 1999. Sattler asked and Rundell said there is money included in next years budget for the necessary hardware requirements after these changes are completed. Zavala said this will fix the fundamental problems with our system and, if the changes are not made, the City will not be able to include the new programs. Rundell said this will be money well spent There was much discussion Approved 6-0 (Brainard absent) X Consideration and possible action to combine the 2009-2010 Unified Development Code (UDC) Amendment process and any new proposed amendments with the 2008-2009 UDC process and approved list of amendments -- Elizabeth A. Cook, Acting Director of Community Development Cook described the item and said, last Fall, an updated process was formed. She said the City is still in the middle of that process and is asking that, if Council has other possible items to add to the process, that they let staff know so they can be added. She said staff is currently looking at a very large list of attachments. Motion by Ross, second by Oliver to approve the item. Eason asked and Cook said the initial process is to have Council appoint a group to come up with the initial amendment list. Berryman said this will incorporate whatever is out there into the new process and get everything taken care of. Cook described the timeline of this process. Sansing asked and Cook said neither she nor staff have any additional amendments in mind. Cook listed the items that Council decided to add to the UDC amendment process. Cook also listed the Chapters that are being amended. Eason mentioned water conservation and new energy technologies as well as her hope that those topics would be included in future amendments. Cook said staff already has items on the current list related to energy issues. Eason asked and Cook said she will e-mail the current working list to the City Council. Eason requested that some of the task force meetings be held in the evenings. Berryman thanked Cook and all of the Planning and Development staff for their hard work. Beryrman added the Unified Development Code has truly been a living and breathing document. Approved 6-0 (Brainard absent) Y Consideration and possible action to approve the Citizen Advisory Group for the Citizen Participation Plan Element of the 2030 Comprehensive Plan -- Jordan J. Maddox, AICP, Planner III Maddox said this Citizen Participation Plan is an element of the City's Comprehensive Plan required by the City Charter. He said staff would like to form a citizen advisory group to help with the plan. Sansing said it looks like a well rounded list. Motion by Sansing, second by Ross to approve the list. Sattler asked and Maddox said the staff committee brainstormed groups or people that they thought would valuable for this effort Maddox said it is not a closed group and Council could add anyone they would like to the group. Berryman asked and Maddox said District 5 has not been represented yet. Approved 6-0 Z Review and possible direction to staff on the Penalty section of the Downtown Parking Zone, Section 10.16.082(c) of the Code of Ordinances -- Dale Ross, Councilmember District 6 This item was pulled by Councilmember Ross. AA Review, discussion and possible direction to staff on the City curfew and Park closure times -- Pat Berryman, Councilmember District 5 Berryman said, when the City adopted the curfew in the City Parks, the purpose was to help with problems, such as vandalism and other activities occurring in the parks. She said it has come to her attention that the curfew of 10 p.m. is a detriment to charitable organizations wanting to use the park after hours. She noted the City has no way to address these type of events. Motion by Berryman, second by Sansing to direct staff to take a look at this issue and explore the possibility of putting into the Ordinance a permitting process for groups within the City to be able to utilize the park after the 10 p.m. curfew. She said there should be supervision guidelines and requirements to make sure the groups do not break any other rules included in the Parks Ordinance. Sansing said this is a good idea and added he thinks there should be exceptions made for charitable organizations. Speaker, Marshall Pearlstein, said he is a 4.5 year resident of Georgetown and added he is an active member of the Williamson County Go Texan Committee. He said the rodeo raises over $10 million a year worth of scholarship money for Texas seniors who go to Texas Colleges. He said they would like to have a cook off in the Park and their permit was denied because they had requested to camp on the site. He said he is here to voice his displeasure with the current wording of the Ordinance. He said he is disappointed and added staff should have been able to interpret the Ordinance. Mayor said the role of staff is to implement policy, not to make it. City Council Meeting Minutes/August 25, 2009 Page 7 of 12 Pages Mayor said, at this time, the City Manager does not have the power to grant this type of request Brandenburg said, when the last Ordinance was passed, the closing time was 12 a.m., not 10 p.m., and some of the areas were exempt to that. Brandenburg siad a suggestion was given to the group to use the posse rodeo arena, since they are able to stay there after hours. Brandenburg asked if Council is looking at just San Gabriel Park or all the City parks. Berryman said San Gabriel Park is her worry and added she is not concerned with the smaller, pocket parks throughout the City. Brandenburg agreed and said his recommendation would be to look at only San Gabriel Park. There was much discussion. Approved 6-0 (Brainard absent) BB Discussion and possible action on process for engaging the services of contracted and professional services -- Pat Berryman, Councilmember District 5 This item was pulled by Councilmember Berryman. She said she would like to further study this item and bring it up at a future meeting. CC Discussion and possible action regarding a motion to reconsider Item T from the December 11, 2007 Georgetown City Council meeting regarding the Fee Waivers for the Sierra Ridge Housing Project -- Bill Sattler, Councilmember District 4 This item was pulled by Councilmember Sattler. DD Public Hearing and First Reading of an Ordinance Rezoning 14.307 acres in the Burrell Eaves Survey from AG, Agriculture District to PUD, Planned Unit Development, also known as the Sun City Community Gardens, located near the intersection of State Highway 195 and Sun City Boulevard -- Jordan J. Maddox, AICP, Planner III and Elizabeth A. Cook, Acting Director of Community Development Oliver left the dais Maddox described the item and said this is a PUD that has a development plan that details what is currently on the site. He said this Ordinance explores aspects of the site which may be expanded in the future as well as additional potential uses. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:50pm No persons were present to speak. Public Hearing was closed at 7:50pm Mayor encouraged Council to stop by and look at the gardens. Sattler asked and Maddox said this area is not in the City until the second reading of the zoning and annexation Ordinances. Motion by Berryman, second by Sansing to approve the Ordinance on first reading. Approved 5-0 (Brainard, Oliver absent) EE Public Hearing and First Reading on a Rezoning for Hughes Addition, Block 3 (n/ctr/pt), 0.1651 acres, and Hughes Addition, Block 3 (ne/pt), 0.2147 acres, from RS, Residential Single -Family to CN, Neighborhood Commercial, also known as the McIntosh Snyder House, located at 514 & 516 E. University Avenue -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Acting Director of Community Development Wyler described the item and said the applicant is requesting a change of zoning with the intention of converting the current structure to a bed and breakfast establishment with up to eight guests rooms. He said, with the current UDC regulations, the owner would have to live inside the structure. He said this change will also allow him to live off property. He said this has been approved by the Planning and Zoning Commission with two exceptions and he listed those two exceptions. Wyler read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:56 p.m. Speaker, Ruth Lumpkin, said College Street is one of the most narrow streets in Georgetown and noted she is worried about the parking on that street if this structure is turned into a bed and breakfast. She said, if cars are parked along College, it effectively makes it one way street She said, as a fellow B&B owner, one parking place per room is not adequate. City Council Meeting Minutes/August 25, 2009 Page 8 of 12 Pages Public Hearing is closed at 7:58 p.m Ross asked and Wyler said with this change, if the owner isn't living on the property, it would still be considered a bed and breakfast. Cook said it is not a requirement for the owner to live in the B&Bs if the property is in a non-residential district. Ross asked and Cook said the Ordinance requires a certain number of parking spots. Ross said there could be many cars per room and asked that staff look at the parking issue on this item. Motion by Sansing, second by Berryman to approve the Ordinance on First Reading. Sattler asked and Cook said, if the parking becomes a problem, there are ways for staff to solve the issue. Speaker, Lee McIntosh, the owner of the Bed and Breakfast, said there will be a full time staff on property at at times. He said there are nine spaces on site and those can be expanded as necessary. He said his partner has 70 spaces next door which he has access to as well. He said they can overflow into that lot if necessary. Sattler asked and Cook said, at the next reading, she can bring back information and options available to Council regarding the parking issue. Eason directed staff to look at all of the issues brought up by both the citizens as well as the City Council. Eason said she would like for staff to look into kitchens as well as all other aspects of the Bed and Breakfast Ordinance as it is applied to this property. Cook said staff may have to move the second reading to the second meeting in September. Approved 5-0 (Brainard, Oliver absent) GG Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve the 3`tl Amendment to the development agreement between the City and 500 S. Austin Avenue, LP. -- Elizabeth A. Cook, Acting Director of Community Development Mayor moved item GG above item FF. Cook described the item and noted the City entered into an agreement with 500 South Austin Avenue, LP. She described parts of the agreement and said Phase II should have been completed in October 31st of 2009 and noted those improvements will not be completed by that time. Cook said the applicant has proposed to redesign their project and she described the applicable changes. Cook said the applicant is looking to delay the Phase II improvements until August of 2012. She said the final building will be done in March fo 2015. Motion by Sansing, second by Eason to approve the amendment Eason said she is really excited and hopes to see the Market built soon. Approved 5-0 (Brainard, Oliver absent) Meeting recessed at 8:12 p.m. Meeting resumed at 8:22 p.m. FF Public Hearing and First Reading of an Ordinance Rezoning 2.28 acres in the Flores Survey, from RS, Residential Single -Family to C-1, Local Commercial, to be known as Woerner-Baker Subdivision, located at 2501 N. Austin Avenue -- Tommy Garcia, Planner II and Elizabeth A. Cook, Acting Director of Community Development Garcia described the Ordinance and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. He said the applicant is proposing three small offices. Public Hearing was opened at 8:22 p.m. No persons were present to speak. Public Hearing was closed at 8:22 p.m. Berryman asked and Garcia described the area involved in this Ordinance. There were many questions. Motion by Berryman second by Sattler to approve the Ordinance on First Reading. Approved 5-0 (Brainard, Oliver absent) HH Forwarded from the Georgetown Economic Development Corporation (GEDCO): Discussion and possible action regarding the approval of financial incentives in an amount not to exceed $25,986.40 to Amante's Restaurant Group, LLC -- Mark Thomas, Economic Development Director Thomas described the item and said Amante's Restaurant is going to be located where Romeo's Restaurant used to be on the corner of 7th and Main. He spoke about the problems the owner has been having in that space related to infrastructure located behind the building. He said this funding will address those issues. He spoke about the grease trap that has been a perennial problem at that location. He said this will be done as a promisory note. Motion by Sansing, second by Berryman to approve. City Council Meeting Minutes/August 25, 2009 Page 9 of 12 Pages Sattler asked and Thomas said this will not be addressing the other environmental problems in the area Thomas said there may be some issues with the wastewater line between this location and the new City parking lot. Brandenburg mentioned other businesses in the downtown area to which GEDCO has given financial incentives. Eason said it would realy help the whole area because it is not very inviting to walk into any of those restaurants in the area when the grease trap is faulty. The owner of the property spoke and said they have been received very graciously by everyone in town Approved 5-0 (Brainard, Oliver absent) II Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve the Lead Remediation of Austin Avenue Bridges over the North and South Forks of the San Gabriel Rivers contract to AAR, Incorporated of Liberty Hill, Texas in the amount of $86,500.00 — Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller described the item and said the City received bids on June 18th. He said this contract addresses the City's number one concern of lead remediation but added the recoding of the bridges will be done with another contractor. Sansing said GTAB approved this and noted this is someting that is very sorely needed. Motion by Sansing, second by Berryman to approve. Approved 5-0 (Brainard, Oliver absent) JJ Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve a change order to the 2009 Street Rehabilitation-HIPR (Hot in Place Recycling) contract with Cutler Repaving, Inc., of Lawrence, KS, for an amount not to exceed $125,000.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller described the item and said several of these projects were adjusted in order to fit into the available funds in the budget. He said the 2009 recent bids have come in below their original estimates. He described what this project will do for the City. Motion by Sansing, second by Ross to approve. Sattler asked and Miller described the streets that will be involved in these improvements. Approved 5-0 (Brainard, Oliver absent) KK Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve a change order for additional quantities as bid on the 2009 Street Rehabilitation- Asphalt supply contract to J. D. Ramming Paving Co. Ltd of Austin, Texas in an amount not to exceed $74,721.75 — Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller described the item and said this is the asphalt used in the Hot In Place recycling contract that was just approved. Motion by Berryman second by Sansing to approve the change order. Approved 5-0 (Brainard, Oliver absent) LL Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve a change order for additional quantities as bid on the 2009 Street Rehabilitation -Micro Surface Project to Viking Construction Inc. of Georgetown, TX in an amount not to exceed $72,500.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller described the item and said this is for the microsurfacing project He described the areas of the City that area involved. Motion by Sansing, second by Berryman to approve the change order. Approved 5-0 (Brainard, Oliver absent) MM Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve a change order for additional quantities as bid on the 2009 Street Rehabilitation- Surface Treatment Project to J. D. Ramming Paving Co. Ltd of Austin, Texas in the amount of $51,400.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller described the item and said this is for the chip seal and surface treatment and said the largest section of this contract is along DB Wood Road. Motion by Berryman, second by Sansing to approve the change order. Approved 5-0 (Brainard, Oliver absent) NN First Reading of an Ordinance to make changes to the City's Personnel Policy #350 on Longevity -- Kevin City Council Meeting Minutes/August 25, 2009 Pagel 0 of 12 Pages Russell, Director of Human Resources and Civil Services Russell read only the caption of the Ordinance after having satisfied the requirements of the City Charter. He said this is an Ordinance that was created on the direction of Council. He noted it includes the two year waiting period before an employee can receive longevity pay. Motion by Sansing, second by Berryman to approve the Ordinance on first reading. Approved 5-0 (Brainard, Oliver absent) 00 First Reading of an Ordinance adding new Chapter 12.10 to the Code of Ordinances relating to abandonment and sale of City land, streets, easements and rights of way -- Terri Glasby Calhoun, GUS Paralegal and Jim Briggs, Assistant City Manager for Utility Operations Briggs described the item and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. He said this will codify a process that is already in effect at the City. He said the City has a piece of paper that outlines the necessary steps for abandonment and sale of land, streets, easements and rights of way. He said there is an application fee and a deposit in the amount of $10,000. He said this would exclude transactions that would occur on the airport, on economic development related rojects, parkland or cemetery land. Motion by Sansing, second by Berryman to approve the Ordinance on first reading. Approved 5-0 (Brainard, Oliver absent) PP First Reading of an Ordinance amending Section 6.16.010 of the City of Georgetown Code of Ordinances relating to "Definitions" for the terms Peddler and Solicitor; amending Section 6.16.060 of the City of Georgetown Code of Ordinances relating to "Permit — Issuance, Duration" for Peddler and Solicitor Permits; and amending Section 6.50.020 of the City of Georgetown Code of Ordinances relating to Permits and Fees for Itinerant Merchants -- Paul E. Brandenburg, City Manager and Patricia E. Carls, City Attorney Brandenburg described the item and reviewed what was discussed regarding this Ordinance at the past meeting He said staff feels they have crafted an Ordinance to address all of the issues raised by both the Council as well as citizens. He said they moved the sno-cone and taco vendors into the Itinerant Merchants category. He added, this will allow those particular vendors to go straight to development services to get a permit and a background check will not be required. He noted this Ordinance will also amend the fee structure and he described the new structure as proposed. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Sansing asked and Brandenburg described how this Ordinance would apply to Boy Scout troups or the Sertoma Club. Motion by Sansing, second by Eason to approve the Ordinance on first reading. Berryman asked and Carls said the Ordinance forbids people from soliciting at homes that have'no solicitor' signs. Carls said she is not sure how these signs could be put up in the front of neighborhoods. Approved 5-0 (Brainard, Oliver absent) Eason asked and Brandenburg described how the vendors will be notified of this change. Eason thanked staff for the work that went into this. QQ Second Reading of an Ordinance amending the following section of Chapter2.115 of the Code of Ordinances relating to the Georgetown Village Public Improvement District No. 1 Advisory Board, Amending Sections 2.115.030 and 2.115.040 -- Patricia E. Carls, City Attorney Carls read only the caption of the Ordinance on Second Reading. Motion by Sansing, second by Eason to approve Ordinance 2009-40. Approved 5-0 (Brainard Oliver absent) RR Consideration and possible action to appoint George Brown to the Airport Advisory Board to fill a vacancy left by a resignation -- Mayor George Garver Mayor reviewed the item. Berryman said she would like to review Paul Smith's resignation letter. Motion by Sansing, second by Ross to approve the appointment Approved 4-1 (Berryman opposed) (Brainard, Oliver absent) Adjournment The meeting was adjourned at 08:53 PM. Approved : Attest: City Council Meeting Minutes/August 25, 2009 Page 11 of 12 Pages Mayor George-Gang k� alp s City Council Meeting Minutes/August 25, 2009 Page 12 of 12 Pages cretary Jessica•Hamiitorr— �� � �1v