Loading...
MIN 11.22.2016 CC-RMinutes of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, November 22, 2016 The Georgetown City Council will meet on Tuesday, November 22, 2016 at 6:00 PM at the Council Chambers at 101 E. 79' 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 8th Street for additional information; TTY users route through Relay Texas at 711. Mayor Ross called the meeting to order at 6:00 PM. All Councilmembers were in attendance. 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 Invocation Pledge of Allegiance Comments from the Mayor - Council Compensation Committee Mayor Ross announced that he is in the process of appointing members to a Council Compensation Committee. He explained that the City Charter requires the Mayor to name a committee, at least every two years, composed of qualified voters, whose responsibility will be to review the salaries of the Mayor and Councilmembers and to make recommendations regarding the salaries. - Parks Maintenance Staff Award Recognitions Kimberly Garrett, the Parks & Recreation Director, presented staff award recognitions to two of the City's Parks Maintenance employees. She explained that Ty Greer and Gus Huerta recently competed in the Texas Recreation and Parks Society Maintenance Skills Competition. Garrett noted that Greer had been awarded first place in the Backhoe and Bucket Skills Competition, while Huerta had taken third place in the Mower Obstacle Competition. Garrett also announced that at the recent Parks & Recreation Regional workshop, Ty Greer was given the Central Region Maintenance Employee of the Year award. City Council Regional Board Reports Mayor Ross said that the November 2016 CAMPO meeting had been cancelled and the CAMPO board will meet in December. There were no regional board reports from the Councilmembers. Announcements - City Boards & Commissions Applications -Annual Trout Fishing Derby - Camp Goodwater Action from Executive Session No motions were made from Executive Session. 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. B. Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on Tuesday, November 8, 2016 and the Special Meeting held November 12-16, 2016 — Shelley Nowling, City Secretary C. Consideration and possible action to reappoint Mary Faith Sterk as the City of Georgetown's representative on the Williamson County and Cities Health District Board — Mayor Dale Ross D. Consideration and possible action to renew the Lease Agreement between the City of Georgetown and Boy Scout Troop #155 and St. John's United Methodist Church for use of the Boy Scout Hut and adjacent shed in San Gabriel Park -- Shirley Rinn, Executive Assistant to the City Manager Item D was pulled from the Statutory Consent agenda by Councilmember Fought and placed on the Legislative Regular agenda. E. Consideration and possible action to formally cancel the City Council meeting that would fall on the fourth Tuesday of December, cancelling the City Council meeting that would have fallen on December 27, 2016 -- Shelley Nowling, City Secretary F. Consideration and possible action to grant a Temporary License for ingress and egress across city property, located south of the current terminus of D.B. Woods Road, to Enterprise Crude Pipelines, LLC, and to authorize the Mayor to execute the license agreement — Travis Baird, Real Estate Services Coordinator G. Consideration and possible action to authorize the Chief of Police to enter into an affiliate agreement with CrossFit, Inc. -- Wayne Nero, Chief of Police H. Consideration and possible action to approve a Resolution requesting the members of the 85th Legislative Session of the State of Texas support the City of Georgetown's legislative agenda -- Jack Daly, Assistant to the City Manager; David Morgan, City Manager Item H was pulled from the Statutory Consent agenda by Councilmember Fought and placed on the Legislative Regular agenda. I. Consideration and possible action to approve a Memorandum of Agreement between the Lead Regional Advisory Council and Georgetown Fire Department as a "Sponsoring Entity" to participate as a member of the Emergency Medical Task Force (EMTF) -- John Sullivan, Fire Chief J. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve changes to the Georgetown Emergency Medical Service fees and Fire & Life Safety Service fees -- John Sullivan, Fire Chief K. Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action for the composition of the Planning Advisory Committee (PAC) for the Airport Master Plan Project — Jim Briggs, General Manager of Utilities L. Forwarded from the Georgetown Utility Advisory Board (GUS): Consideration and possible action to approve a change order with Itineris N.A. to provide management, support, and oversight of the transformation and conversion tasks for Data Migration in the amount of $56,000.00 -- Leticia Zavala, CGFO, Customer Care Director M. Forwarded from the Georgetown Utility Advisory Board (GUS): Consideration and possible action to approve a contract with KHA Intelligence Group, LLC to provide transformation rule design, development, and data conversion of the legacy system data for Data Migration in the amount of $83,470.00 — Leticia Zavala, CGFO, Customer Care Director N. Forwarded from the Georgetown Utility Advisory Board (GUS): Consideration and possible action to approve a task order with ElectSolve Technology Solutions and Service to develop and configure integrations between the meter data management system and the new CIS UMAX software in the amount of $75,000.00 -- Leticia Zavala, CGFO, Customer Care O. Forwarded from Georgetown Utility Advisory System Board (GUS): Consideration and possible action to renew the contract for labor services for Electric System Overhead Construction and Maintenance to Techline Construction, LLC of Austin, Texas, in the amount note to exceed $750,000.00 -- Wesley Wright, P.E., Systems Engineering Director P. Forwarded from Georgetown Utility Advisory System Board (GUS): Consideration and possible action to renew the contract for labor services for Outside Plant Fiber Optic Infrastructure Construction to JC Communications of Cedar Park, Texas, in the amount not to exceed $300,000.00 -- Wesley Wright, P.E., Systems Engineering Director Q. Forwarded from Georgetown Utility Advisory System Board (GUS): Consideration and possible action to approve Task Order DEI -17-001 with Dunham Engineering, Inc. of College Station, Texas, for professional services related to the Design of a Sun City 2.0 MG (million gallon) Composite EST (elevated storage tank) in the amount of $300,000.00 -- Wesley Wright, P.E., Systems Engineering Director R. Forwarded from Georgetown Utility Advisory System Board (GUS): Consideration and possible action to approve Task Order DEI -17-002 with Dunham Engineering, Inc. of College Station, Texas, for professional services related to the Design of the Airport 1.5 MG (million gallon) GST (Ground Storage Tank) Rehabilitation in the amount of $80,000.00 -- Wesley Wright, P.E., Systems Engineering Director S. Forwarded from the Parks and Recreation Advisory Board: Consideration and possible action to recommend approval of a construction contract for ADA compliance renovations at McMasters Park, Village Park, and the Parks and Recreation Administration Building to Choice Builders, LLC of Temple, Texas in the amount of $258,393.50 -- Kimberly Garrett, Parks and Recreation Director Motion by Hesser, second by Brainard to approve the Statutory Consent Agenda in its entirety, with the exception of Items D and H, which were moved to the Legislative Regular agenda by Councilmember Fought. Approved: 7-0 Legislative Regular Agenda D. Consideration and possible action to renew the Lease Agreement between the City of Georgetown and Boy Scout Troop #155 and St. John's United Methodist Church for use of the Boy Scout Hut and adjacent shed in San Gabriel Park -- Shirley Rinn, Executive Assistant to the City Manager Item D was pulled from the Statutory Consent agenda by Councilmember Fought and placed on the Legislative Regular agenda. Shirley Rinn, Executive Assistant to the City Manager, spoke on the item. She explained the lease agreement and the lease renewal history. Rinn said that the typical renewal term throughout the agreement between the City and the Boys Scouts has been 2 years. Councilmember Brainard proposed that the lease renewal be made for a term of 5 years instead of the typical two. Brainard explained that the City has held this lease with the Boys Scouts for the Scout Hut for decades and there is no reason to make them come to City Council every two years. Motion by Brainard, second by Hesser to renew the lease agreement between the City of Georgetown and Boy Scout Troop #155 for a period of 5 years. Councilmember Fought asked if staff had any objection. Rinn answered no. Approved: 7-0 Rinn acknowledged Scoutmaster Glenn Beck. Mayor Ross said that this troop had done numerous projects for the community and the City values the relationship that they have with the Scouts. Mr. Beck spoke on Troop 155. Beck said that the Troop has awarded 83 Eagle Scouts since its inception in 1976 and the wall in the Scout Hut currently has 21 Life Scouts, or those members working toward an Eagle Scout achievement. Beck introduced the Senior Patrol Leader, Trey Waggoner. Waggoner thanked the Council for the use of the Scout Hut. Beck said that the Boy Scout Christmas Tree lot would be opening Friday, November 251h, next to the Pit Barbeque. Consideration and possible action to approve a Resolution requesting the members of the 85' Legislative Session of the State of Texas support the City of Georgetown's legislative agenda -- Jack Daly, Assistant to the City Manager; David Morgan, City Manager Item H had been pulled from the Consent Agenda and placed on the Legislative Regular agenda by Councilmember Fought. Daly explained that information regarding the item was presented and discussed with the City Council at an earlier workshop and read the caption. Mayor Ross called the speaker who had signed up to speak on the item. Mr. Terry Putnam spoke on Item H Concerns and comments voiced included the following: State created cities to provide local services Did not create cities to lobby City wants to lobby and reject annexation changes City wants to reject the ability to restrict their taxing authority City wants to reject any effort requiring the City to disclose utility contracts Secrecy leads to fraud Must be open government State has obligations to review City policies Putnam asked the Council not to pass this resolution and asked citizens to contact their state representatives. Motion by Fought, second Jonrowe, to approve Item H. Fought noted that legislature decides many things very important to the City and the City must be able to be at the table regarding anything that might be decided for the City. Fought said he supports the resolution 100%. Hesser told Daly that he should attach the material for an item on the agenda, prior to the discussion, so that the Council has a chance to study it. Hesser asked Daly to explain the taxation reduction of the appraisal growth cap. Daly said, currently, under state law, when the Council sets a tax rate that collects more dollars than the City collected the previous fiscal year, if the dollar amount exceeds 8%, it would trigger a roll back election. Daly explained that there are proposals advocating lowering that threshold to 4%. Daly explained that the City of Georgetown would advocate keeping the current amount of 8% and keeping the current authority. Hesser asked about parks and the sales tax revenue from sporting goods. Daly explained that when a person buys sporting goods, 6.25% of the sales tax goes specifically to parks. Daly said that historically the funds have been diverted to other things. He explained that the City would favor a more robust dedication of those funds for state and local parks. Hesser asked if the state distributes the funds or if they come to the City. City Manager, David Morgan, explained that the funds stay with the state and the City has the ability to participate in local grant applications. Morgan said the City wants to make sure these funds are available for local park grants. Mayor Ross noted that the utility fund is an enterprise fund. He explained that the City Utility is a business and the City would be at a competitive disadvantage if information was completely open. Ross went on to explain that the City is transparent in all of its operations. Approved: 7-0 T. Public Hearing and First Reading of an Ordinance rezoning approximately 165.65 acres described as 142.80 acres in the N. Porter and A. Flores Surveys, 0.68 acres, 5.07 acres, and 12.31 acres in the N. Porter Survey, and 4.79 acres, being Blocks 1-3 of the North Georgetown Addition, located between Austin Ave. and N. College St. south of FM 971, from the Residential Single -Family (RS) and Local Commercial (C-1) Districts to the Public Facilities (PF) District -- Sofia Nelson, CNU-A, Planning Director (action required) Sofia Nelson, the Planning Director spoke on the rezoning request. She explained that the property was City owned property, specifically in San Gabriel Park. Nelson explained that the rezoning proposal would bring the zoning to the use. She showed location and zoning maps and explained that the zoning would now be public facilities and provided a slide. Nelson spoke on the Unified Development Code and about the criteria that the City Council would need to consider for zoning changes. Thr a npD_a:,onl5 cc r,. pl ele and Vie in!om1 a1'0-. cc n ld,R Cd Pad: in [lie application is sufficient a::d correct enough to allow adequate review and final action: The zoning change Is consistent with the Comprehensive Plan: The zoning change promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City, The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood: and The property to be rezoned is suitable for uses permitted Ly the dlstbct that would be applied by the proposed amendment. Nelson spoke on staff recommendations: • Best implements visions and goals of 2030 Plan, including protection and expansion of public parks • Allows for public facilities and parks, allowing improvement of current facilities as identified in Parks, Recreation & Trails Master Plan • Compatible with public properties to the east and provides for buffers for the adjacent residential • Property has access to Major Arterial and Major Collector, sufficient to handle any heavy traffic generated — access to residential area is minimal and will be reduced with future improvements. Nelson noted that the Planning & Zoning Commission had recommended approval, unanimously. Nelson read the caption. Mayor Ross opened the public hearing at 6.27 PM. No persons had requested to speak on the rezoning request. Mayor Ross closed the public hearing at 6.27 PM. Motion by Jonrowe, second by Gipson to approve Item T. Approved: 7-0 U. Public Hearing and First Reading of an Ordinance rezoning 3.5 acres of San Gabriel Estates, Block 1, Lot 22A located at 700 Booty's Crossing Road from the Agriculture (AG) District to the Neighborhood Commercial (CN) District -- Sofia Nelson, CNU-A, Planning Director (action required) Sofia Nelson, the Planning Director, spoke on the rezoning request. She provided a location map, an aerial map and a zoning map. Nelson said the applicant is requesting neighborhood commercial zoning, which staff finds consistent. She said that the Planning & Zoning Commission had recommended approval. Nelson read the caption. Mayor Ross opened the public hearing at 6.30 PM. No persons had requested to speak on the rezoning request. Mayor Ross closed the public hearing at 6.30 PM. Motion by Jonrowe, second by Gipson to approve Item U. Approved: 7-0 V. Public Hearing and First Reading of an Ordinance to rezone approximately 10.058 acres in the Francis A Hudson Survey located at 555 Rabbit Hill Road from the Agriculture (AG) District to the Business Park (BP) District -- Sofia Nelson, CNU-A, Planning Director (action required) Sofia Nelson, the Planning Director described the applicants rezoning request. Nelson provided a location map, aerial image, future land use map, a current zoning map and a concept plan image. She explained that the property had recently been annexed into the City and that the property is currently vacant. She explained that the proposed project is for the Enterprise Pipeline. Nelson said staff has found the request to be consistent and recommends approval. Nelson noted that the Planning & Zoning Commission had also recommended approval She said that the Planning & Zoning Commission meeting received speakers in apposition of approval. Nelson noted that the applicant was present for questions. Nelson read the caption. Mayor Ross opened the public hearing at 6.34 PM. Persons signed up to speak on Item V included Brett Miller, Chris Miller, KaeLynn Anderson and Stephen Sutter Comments and concerns included: Pump Station poses a dangerous threat to citizens Explosions could happen Fatal incidents have occurred with similar facilities Noise levels may violate City ordinance Other Cities have denied Enterprise pipeline UDC states Council can only approve a pipeline if there is no impact to the general public Should be located rurally so that there is no loss of lives if an accident occurs No tax benefits to the City Make Enterprise find another place Don't give away lucrative land for no good reason Lived in home 44 years — adjacent to pump station property Not informed of pipeline Got hazards letter In case of accident please contact —concerning Putting this in the growth corridor is wrong Several better uses of the land Dangerous Can live with the pipeline but not the pump station Asked if environmental impact station has been filed Security standards What are the City's standards? Has the City questioned the safety? Can wildlife cause damage? Is there no financial benefit to the City? Will deter business Mayor Ross closed the public hearing at 6.40 PM. Ross asked if the Public Utility Commission has condemnation rights without the City's approval. City Attorney, Charlie McNabb, said that a Utility Company has the power to exercise eminent domain, but not the Public Utility Commission. David Morgan, City Manager, said that someone from Enterprise was present at the meeting and it would be helpful if they would come forward on this topic. A contractor for Enterprise came forward and introduced himself as Burl Barns. He explained that he is working the pipeline portion of this project. Councilmember Brainard asked why the pump station is in this location and if it could be placed elsewhere. Brainard asked about the City's obligation to Enterprise. Barns said there would be no obligation if the rezoning request was not approved. Nelson noted that the rezone request is at the discretion of the Council. She explained that the request is consistent with the business park zoning designation and the Comprehensive Master Plan, and because it is within the City limits there would be site development standards that would need to be followed. Brainard questioned placing an oil pipeline pump in the middle of prime property. Morgan said this is a line that is going across the entire state and the location was determined as a result of the necessity to pump or move the petroleum through the line. Jonrowe asked what happens at a pumping station. Barns explained that pressure decreases along a pipeline and the pump station pushes the material through. Jonrowe asked if pump stations are more dangerous than the pipeline itself. Barnes said he was not qualified to give an answer to that question. Jonrowe asked which federal or state agency regulates safety for such a project. Barns said they are regulated by the Railroad Commission. Jonrowe then asked about noise and if the pump station would decrease the value of other properties. Barns said he could not answer regarding the noise, but would have an Enterprise engineer provide the information to the Council. Nelson said the majority of the pump station is on a 10 acre tract still available for development. She said she has no data on whether this would affect other property values. Jonrowe said, with the lack of significant information, she could not support this request. Gipson asked if it were true that there is no benefit to the City. City Attorney, Charlie McNabb, said because this is private property, the City does not receive revenues. Gonzalez asked if the Council denies the rezoning request, would it later lead to eminent domain or condemnation. McNabb said he does not know if the company requesting the rezoning could install the pipeline regardless of Council's approval or disproval. McNabb said there could be a regulation that he has not researched or is not aware of. Gonzalez said the Council should postpone this issue until they are much better informed. Councilmember Eby said she has respect for the concerns of the property owners and that she, also, would like to hold off on voting until the Council has more information. Councilmember Hesser said the City needs to address the questions of the speakers. Motion by Gonzalez, second by Fought, to postpone voting on the rezoning request, pending more information provided at the next Council meeting, December 13, 2016. Motion to Postpone Approved: 7-0 Mayor Ross called a 5 minute break and resumed the meeting at 7:00 PM. W. Forwarded from Georgetown Utility Advisory System Board (GUS): Consideration and possible action to award a contract to C.C. Carlton, LTD of Austin, Texas for the construction of the Westinghouse South Regional Wastewater System Improvements and Stonehedge Lift Station Modifications in the amount of $2,112,011.00 -- Wesley Wright, P.E., Systems Engineering Director Wesley Wright, the City's Systems Engineering Director, spoke on a contract for the construction of the Westinghouse South Regional Wastewater Improvements and the Stonehedge Lift Station modifications. Wright said that this contract had been included in the approved annual budget and described the location. Wright explained that it would eliminate double lifting and that the long term master plan will allow for 3 lift stations. He praised the work of C.C. Carlton, noting that they are the Mays Street contractor. Wright said that staff is recommending approval. Wright read the caption Motion by Brainard, second by Gonzalez to approve Item W. Approved: 7-0 X. Second Reading of an Ordinance for the Voluntary Annexation of 14.459 acres in the W. Roberts Survey, also known as Hidden Oaks at Berry Creek -- Sofia Nelson, CNU-A, Planning Director (action required) Sofia Nelson, Planning Director, spoke on the voluntary annexation request known as Hidden Oaks at Berry Creek. Nelson described the property and provided a location map for the annexation parcels. Nelson noted that the total acreage would be 14.459 acres and the first reading had been approved at the October 25, 2016 Council meeting. She then read the ordinance. Motion by Gonzalez, second by Brainard to approve Item X Councilmember Jonrowe asked if any citizens still had concerns. Nelson explained that the concerns voiced previously had all been addressed and resolved. She said that there were no speakers on the item at this meeting and there had been no further interaction from those voicing earlier concerns. Gipson said he felt comfortable with where the City was going. Approved: 7-0 Y. Second Reading of an Ordinance rezoning approximately 83.5 acres of the W. Roberts Survey located north of Fairway Lane and south of Shell Road, from the Agriculture (AG) District to the Residential Single -Family (RS) and Local Commercial (C-1) Districts -- Sofia Nelson, CNU-A, Planning Director (action required) Sofia Nelson, Planning Director, spoke on the rezoning request for property located north of Fairway Land and south of Shell Road. She explained that the zoning request goes with a prior annexation request and the intended use would be a mixed use community. Nelson said that both the Planning & Zoning Commission and staff have recommended approval. Nelson read the caption. Motion by Brainard, second by Gonzalez to approve Item Y. Approved: 7-0 Z. Second Reading of an Ordinance rezoning approximately 75.415 acres in the David Wright Survey located at 2101 Airport Road from the General Commercial (C3) District to the Industrial (IN) District — Sofia Nelson, CNU- A Planning Director (action required) Sofia Nelson, Planning Director, spoke on the rezoning request for approximately 75.415 acres located at 2101 Airport Road. Nelson described the property and provided a current zoning map, a location map and a future land use map. Nelson said that the Planning & Zoning Commission had recommended approval of this rezoning at their November 1, 2016 meeting and that the City Council voted to approve the ordinance at the November 8, 2016 meeting. She explained that staff is supportive of the proposed project given the property's location near the Georgetown Municipal Airport, the future transportation improvements and the designation of this area as an employment center. Nelson explained that the rezoning of this property is working in concert with the 2030 vision and the pending public improvements. Nelson read the caption. Motion by Jonrowe, second by Gipson to approve Item Z. Approved: 7.0 AA. Second 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 — Tadd Phillips, Human Resource Director (action required) Tadd Phillips, the City's Human Resource Director, spoke on the strength of force ordinance. He explained that the ordinance would establish the classification and number of Fire Department and Police Department positions Phillips said that this ordinance would reflect 3 new fire fighter positions. Phillips read the caption. Motion by Jonrowe, second by Brainard to approve Item AA Approved: 7-0 AB. Consideration and possible action to approve a Resolution supporting the Williamson County and Cities Health District in processing requests for a variance from the Texas Food Establishment Rules pertaining to live animals in food establishments to give food establishment owners the option to allow dogs in outdoor dining areas — Anna Eby, Councilmember, District 1, Keith Brainard, Councilmember District 2, Rachael Jonrowe, Councilmember District 6 and Andreina Davila -Quintero, Project Coordinator Wayne Reed, Assistant City Manager, spoke on the proposed resolution to allow food establishment owners to have the option to allow dogs in outdoor dining areas. He described the criteria and the option of the food establishments. Reed announced that Dr. John Teal, the Executive Director of the Williamson County and Cities Health District and Deborah Marlow, the District's Deputy Director of Environmental Health Services were present and available for questions or concerns. Reed read the caption. Marlow spoke on the request and described the variance process. She said that there is strict criteria. Teal said that the Health District respects that home rule cities can make the decisions and does not believe there are any health risks by allowing this. He went on to explain that if the Resolution is approved, the Heath District would then allow the restaurant owners to decide if they permitted dogs in their outdoor areas. Mayor Ross noted that this is a resolution and not a city ordinance. Persons signed up to speak on Item AB included John Milburn, Susan Goodfellow, Stephen Suffer, Roy Peck, Carol Belmont, Marc Rothschild, Dennis McLaughlin, Tomas Olsen, Sarah Milburn, Marshal Friedman, John Kabamek and Michael Frazier. Comments and concerns included: Council exercised personal feelings when they should represent the citizens Quoted Councilmembers from prior meeting Make decision not to attend a particular restaurant Request indoor seating if you do not like dogs Most restaurant owners are in favor Have lost business by not allowing dogs Georgetown needs to be hip Leave it to the restaurant owners Mayor Ross instructed the audience to be courteous and to show respect, with no clapping or booing Favor of action Think of economic impact Most dogs are well mannered Trend to along dogs Concerned about regulation with unsafe animals Put safeguards in place Dogs can be taunted by children Ross explained the singular issue of the caption Has therapy dog welcome everywhere Don't let Georgetown citizens take their business to Round Rock Dogs go to schools, rehabilitation facilities and hospitals in Georgetown so must be safe Cities throughout the country allow dogs, why not in Georgetown Want to spend money in Georgetown Dixie cup ordinance for public food service establishments 10 years of experience — easily contact them Retired think of dogs as their children Let businesses make the decision Citizens very responsive to pets Let people decide Georgetown tourist destination Large number of customers want dogs to be allowed Need to access risk management Safe and healthy No reason to believe there is a public health or safety issue Ashamed that Georgetown is not allowing the owners to make the decision Motion by Brainard, second by Eby to approve Item AB. Gonzalez asked if the resolution was specific to dogs. Marlow confirmed that is was only for dogs. She explained that the variance says no live animals and so a resolution must request a change to the variance. Most resolutions that the District has received have been limited to dogs, explained Marlow. She added that service animal regulations are also limited to dogs. Fought said he agrees with the thrust of the speakers and the business owners should be allowed to decide. He explained that the City Council should show neither support or oppose the request and that the Williamson County Health District is the authority. Fought said he would like to amend the motion to change the wording of City Council "support" to City Council "does not oppose". Brainard asked if that changes anything, because it would still grant the Health District consideration of the variance. Ross asked why a business has to go to the City Council for a variance and why they cannot go directly to the Health District. Charlie McNabb, the City Attorney, explained that the Health District needs the support of the City Council to allow the variance. Fought said the Council is not here to allow dogs but rather to allow businesses to make the decision. Dr. Teal said that would be permission for the variance. Jonrowe seconded the amended motion. Gonzalez suggested that the next time something like this comes up, let government step out. Hesser asked why an ordinance is in place for the Health District. Dr. Teal explained that there is a general sanitation law throughout the country, which has changed over the last 5 years. Teal explained that Health Directors have been taught ways to allow home rule cities to allow dogs. They have been instructed to ask the home rule cities to adopt a resolution requesting a variance. He explained that the variance can be very broad and can be approved. Mayor Ross said he is also confused on why this would go through the City Council. Marlow said it is because it is a controversial issue and they prefer that the City is alright with the issues before the District starts granting variances. Ross said this should be a district decision. Councilmember Gipson said he is concerned because no one likes their neighbors dog as much as their own. He explained that there could be restaurant owners who do not want dogs and he would like to protect the business owners from being forced to make such decisions. He explained that this puts them on the spot. Dr. Teal explained that, if the item is approved by the Council, no restaurant owners would be required to bring their requests to the Council, but would just file a variance request with the Health District. Eby asked if the Council passes the resolution, as amended, would it accomplish what is intended. Charlie McNabb answered that the reason the Health District asks for a resolution is so that they are sure that the City is not in opposition of them granting variances. McNabb confirmed that it would make no difference in the intent of the resolution. Motion Approved as Amended: 7-0 Original Motion Approved: 7-0 AC. Forwarded from the Main Street Advisory Board: Consideration and possible action to approve the proposed amendments to the Main Street Fagade and Sign Grant Program -- Shelly Hargrove, Main Street Manager Shelly Hargrove, the City's Main Street Manager, spoke on the recommendations from the Main Street Advisory Board for amendments to the Main Street Fagade and Sign Grant Program. She explained that the amendments were reviewed by the Council at the September 27' and the October 25th Council workshop meetings. Hargrove provided a comparison chart of the current criteria and the proposed amendments for the Main Street Facade and Sign Grant Program, which is a 50/50 matching program. She explained and described the proposed amendments, which include increasing the available matching fund amount to $20,000 and including fire suppression systems and public accessibility improvements as eligible grant funding projects. Hargrove then asked the Council if they had any questions. Councilmember Fought asked about the mission statement that was requested at the last meeting. Hargrove read the mission statement (local). She then read the purpose statement and explained that the Main Street Advisory Board also follows national mission statements. Fought asked what was used in prior years. Hargrove said that the national program mission has always been followed. Fought said he still wanted the grant approvals on a timeline, not first come first serve. Hargrove said the board is open to Council direction. Fought said he also has a problem with fire suppression. He said he wants to make the buildings more accessible, but not provide any inside work that should be the business owner's responsibility. Hargrove said one of the benefits of the program is encouraging property owners to have up front investments. She said that the Main Street Advisory Board sees delayed maintenance and other necessary improvements that are not made for years. The board wants to encourage these type of repairs to happen sooner than later. Gonzalez said fagades protect the look downtown, but the City is not in a position to help with all other repairs. Gonzalez said he is in favor of increasing the amounts to the business owners. He said that owners generally should know their building's needs and costs when purchased and added that the grants for the facades benefit the whole city. Hargrove said when looking at the mission of being a preservation driven economic development organization, the program already covers roof and foundation work, and thus the City is already investing in the preservation of the buildings. Fire sprinklers would be along the same thought process and would fall under safety, rather than cosmetic improvements. Gipson said he did not realize the grant was including foundations and roofs, but would be supportive of the fire suppression recommendations if it comes from a national level. When looking at what these type of groups are doing around the country, roof and foundation and fire suppression are a part of it. The Main Street Advisory Board has the monies to support fire suppression grant requests. He said the first come first serve regulations will need to be worked out but certainly can be worked out. Jonrowe said a fire downtown would be a disaster and she would love to see all buildings with a fire suppression system. Jonrowe said the emphasis on preservation should support fire suppression. She noted that the members of the advisory board are recommending approval and it should be allowed. Councilmember Brainard said he would also be in support and would hope to extend the program beyond the square. Councilmember Eby said she cannot remember a time when Council has micromanaged a board to this extent, especially when fund raising has been so successful that there is extra money. She said she has respect for all of the board and the program. Eby complimented the Main Street Advisory Board for looking for good ways to spend the money and not allowing property owners to not be responsible for their buildings. Fought said if he receives a commitment from the board to address the first come, first serve grant award system and expand the zone, then he will support the recommendations. Mayor Ross asked that the process be fair and equal and said a first come first serve process is not appropriate. Ross asked Hargrove if it could be feasible to collect applicants in an application process. City Manager, Morgan, said the advisory board will take Council's direction and come back to Council with recommendations for additional criteria for grant processing. Ross asked the Council if the proposed changes are acceptable. Hesser said he has asked for the plan and the mission statement and has still not received either. Hesser added that he tried to read through the board's minutes for clarity and some minutes were not prepared well and others not at all. He added that the applicant who applied for zero funds does not make sense. Hesser said there are a lot of unanswered questions. Ross said the Council is OK with the proposed changes, with the exception that the board provide new recommendations for processing grant awards. Motion by Fought, second by Jonrowe to approve the plan as presented, with the stipulation to come back to Council, within 3 months, with a systematic approach to awarding grants. Approved: 5-2 (Hesser, Gonzalez opposed) Project Updates AD. Project updates and status reports regarding current and future transportation and traffic project; street, sidewalk, and other infrastructure projects; police, fire and other public safety projects; economic development projects; city facility projects; and downtown projects including parking enhancements and possible direction to city staff -- David Morgan, City Manager Mayor Ross asked City Manager, David Morgan, if he had any project updates to discuss. Morgan had no updates. 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. AE. -At the time of posting, no persons had signed up to address the City Council 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. AF. 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 Sec. 551.074: Personnel Matters - City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Project Juniors Adjourn Motion by Fought, second by Gipson to adjourn the meeting. Mayor Ross adjourned the meeting at 8.08 PM. Approved by the Georgetown City Council on lod I ".5 I oZDI Date (7QQ� Dale oss, Mayor Attest: City nary