HomeMy WebLinkAboutMIN 07.14.2009 CC-RiiMinutes of the Meetingof the Governing Body
f the City of Georgetown, Texas it
Tuesday, July 14, 2009 i
The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor
George Garver presiding.
Council Present. CouncilAbsent:
Keith Brainard, Gabe Sansing, Dale Ross, Ben All Council Present
Oliver, Pat Berryman, Bili Sattler, Patty Eason
Staff Present:
Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Jim Briggs, Assistant City Manager
for Utility Operations; Micki Rundell, Chief Financial Officer; Jessica Hamilton, City Secretary; Elizabeth
Cook, Acting Community Development Director; Mark Thomas, Director of Economic Development;
Glenn Dishong, Water Services Director; Laurie Brewer, Assistant Director of Finance; Edward G.
Polasek, Principal Planner; Cathy Leloux, Court Administrator; Jordan J. Maddox, Planner III, Tommy
Garcia, Planner ll, Thomas R. Benz, Systems Engineering Director
Minutes
Regular Session = To begin no earlier than 06:05 P
(Council may, at any time, recess the Regular Session to convene an Executive Session at the request of
the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act,
Texas Government Code Chapter 551.)
It=*1IUSX*]To
Comments from the Mayor
- Introduction and Presentation to the City Council and City of Georgetown
Mayor introduced Perry Steger from Steger Bizzell Engineering, Inc. Speaker, Steger, presented a map of
the City dated 1905 to the Mayor and Council. He gave a brief history of the map and how it was found.
Mayor thanked Steger for the gift.
- Welcome and Meeting Procedures
Mayor reviewed the meeting procedures
City Manager Comments
- Burn Ban
- Energy and Water Conservation
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
City Council Meeting Minutes/July 14, 2009
Page 1 of 8 Pages
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 - Mark Webster of Pedernales Electric Cooperative (PEC) regarding update of PEC activities in Georgetown
area
Webster said he is here to present the City franchise check and noted there is an open forum on July 16th at
the Austin Community College Cypress Creek Campus. He said there will be a new look to the bills coming
out in August.
- Bob Kostka of the Georgetown Palace Theatre regarding the City's support for the Palace's Children's
Workshop
Kostka was not present to speak.
- Brenda McDonald regarding
the Getsemani social
funding and the Summer
Program for
children
McDonald passed pictures
of her family out to the
City Council and voiced
her concerns
to the City Council.
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 Workshop held on Monday, June 22nd and the
Council Meeting on Tuesday, June 23rd -- Jessica Hamiton, City Secretary
Eason suggested various corrections to the minutes.
D Consideration and possible action to appoint Jim Briggs as Chair of the 2010 Census Full Count Committee
-- Mayor George Garver
Sattler asked and
Brandenburg explained the purpose
of the 2010 Census Full
Count Committee. He said they
are only required
to have one staff member. He said it
will not be a big burden
on staff time.
F Consideration and Possible Action on a Public Review Final Plat for 35.16 acres in the Foy Survey, also
known as Sun City Neighborhood Fiftyfour, located on the future extension of Pedernales Falls Drive --
Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director of Planning and Development
G Consideration and possible action to approve a Resolution authorizing the abandonment and vacation of a
30' public utility easement and a 15' public utility easement described in Document Nos. 1998001771 and
1998005752, Official Records of Williamson County, Texas -- 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 amending Resolution No. 0310094 concerning the
acquisition of a permanent utility easement from APW Corporation to include the acquisition of a temporary
construction easement in addition thereto in its finding of public convenience and necessity and authorization of
eminent domain proceedings, if necessary, for the acquisition of easements required to effectuate certain public
utility improvements; and establishing an effective date -- Thomas R. Benz, P.E., Systems Engineering Director
and Jim Briggs, Assistant City Manager for Utility Operations
Consideration and possible action to authorize the Mayor to enter into a Possession and Use Agreement with
Ray F. Thomas, Jr. and Marilyn Ann Thomas to facilitate the acquisition of a 0.05 -acre tract of land for
street right-of-way in connection with the Rock Street Extension Project -- Thomas R. Benz, P.E., Systems
Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations
J Consideration and possible action for the award of the annual bid for Cold Pour Crack Sealer to Allstates
Coatings, of Gladewater, Texas in the amount of $46,612.50 -- Mark Miller, Transportation Manager and Jim
Briggs Assistant City Manager for Utility Operations
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K Consideration and possible action to approve Task Order No. SBE -09-005 with Steger Bizzell of Georgetown,
Texas, for professional services for Phase I, to develop drainage improvements to convey storm water from
Northwest Boulevard to IH -35, in an amount not to exceed $33,000.00 -- Thomas R. Benz, P.E., Systems
Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations
L Consideration and possible action to approve a ten (10) year extension to the Airport Lease Agreement with
Cannon Aviation Group Inc. for the Airport building located at 304 Terminal Drive under the original terms and
conditions -- Travis McLain, Airport Manager and Paul E. Brandenburg, City Manager
M Consideration and possible action to approve a Resolution approving the extension of the existing Depository
agreement between the City and JP Morgan Chase Bank for a one year period ending August 31, 2010 --
Laurie Brewer, Assistant Director of Finance and Micki Rundell, Chief Financial Officer
N Consideration and possible action to approve Task Order No. TCI -09-005 with Terracon Consultants Inc., of
Austin, Texas, for professional services, related to Rock Street Pedstrain Bridge and Blue Hole Turn Around
in the amount of $24,000.00 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant
City Manager for Utility Operations
Motion
by Sansing, second
by Oliver to
approve
the
Consent
agenda with
the correction to the
minutes and
with the
exception of item E,
which was
pulled
by
the
Mayor
to
and
the
Regular
Dishong,
Agenda.
Approved
7-0
Legislative Regular Agenda
Council will individually consider and possibly take action on any or all of the following items:
E Consideration and possible action to approve the application to the Texas Department of Housing and
Community Affairs (TDHCA) for a competitive grant of $500,000 for weatherization monies from the
American Renewal and Recovery Act-- Paul E. Brandeburg, City Manager
Mayor described the item and said the application has also been filed with TDHCA. He noted the people who
brought this to the City's attention are at the meeting.
Speaker, Cyrus Reed, said he lives in Austin, Texas and he is with the Lone Star Chapter of the Sierra Club. He
said he got involved with the government stimulus packages and the energy block grants. He explained the
reason Sierra Club got involved in this effort. He thanked the Mayor and Council and recognized Ken Arnold
and Jim Briggs for their hard work. He said Georgetown is a growing City and efficiency is the cheapest
alternative out there and he added the stimulus money will put in place weatherization programs and other
conservation programs. He said there will be other opportunities in the coming months.
Speaker, Matt Johnson, said he works for an organization called Public Citizen and noted Georgetown is taking
advantage of a huge opportunity in approving this grant application. He said this will lower the utility bills for low
income residents. He spoke about beginning new programs for energy efficiency and how the City can sustain
these type of programs. Sansing asked about conservation in lighting and whether Johnson has ideas on how
the City can get access to LED lightbulbs. Johnson said he does not know off the top of his head where they
can be found, but he offered to work with the City Manager to find a solution to that issue. Motion by Sansing,
second by Sattler to approve the application. Approved 7-0
O Discussion and update regarding the current
drought
conditions
in Georgetown -- Paul E.
Brandenburg, City
Manager; Jim Briggs, Assistant
City
Manager
for Utility
Operations
and
Glenn
Dishong,
Water
Services
Director
Ross off the dais. Brandenburg introduced the the item and said the City is in a important time in decision
making when it comes to the City's water. He said the drought started in Fall of 2007 and noted the City is in
between the extreme and exceptional drought rating. He said the City should be concerned with the rain the
area is not getting. He said over the last sixty days, the City has only received 2.3 inches of rain. He noted, in
2008, the City received only 19 out of the 28 inches it was supposed to receive over a year. He spoke about
Lake Georgetown and compared the normal water levels to the current levels. He said the amount of water
going into the lake can not keep up with demand. He said the Brazos River Authority is transferring water from
Lake Stillhouse and Lake Georgetown at their maximum output. He said the rain needs to fall west and
northwest of the City to really benefit the acquifer. He said the acquifer is 35 feet below normal and is dropping
one foot a day. He spoke about the reclaimed water program which will provide irrigation to large water
customers around the City. He said, over the last 30 days, the City has suspended fire hydrant testing,
suspended washing City vehicles, trying to follow three day water schedule, and he listed other efforts the City
City Council Meeting Minutes/July 14, 2009
Page 3 of 8 Pages
has instituted. He said the City is trying to publicize the voluntary water conservation program. He said there
are people who are watering five times or week and some at noon during the day.
Briggs showed Council a graph of the City's water system 'Week in Review.' He said the City has had a
substantial amount of growth over the past 20 years and they have capped the amount of groundwater because
of events that occurred in the 1980s. He noted, though, that other entities have developed additional water
facilities. He said the City is beginning to see Lake Georgetown drop substantially and noted the pumpage from
the raw water line is unable to keep up with demand. He said Georgetown's intake structure is the deepest and
can sustain much longer periods of lack of inflow into the Lake than surrounding entities. He said Brazos River
Authority (BRA) has indicated there will be a problem associated with other certain intake structures as early as
January 2010. He said, in one weekend, this can all change, but the City does not know when that will be.
Briggs said the City is probably moving to the exceptional drought level designation. He showed Council pictures
of the current conditions at Lake Georgetown. He also spoke about the effects of the drought to the San Gabriel
River. He spoke abut the Drought Contingency Plan Ordinance that is currently in place and how close the City
is to meeting indicators which would trigger additional water management efforts. He went through the
mandatory water management plan elements and whether or not the City meets the different elements. He
noted the City meets all but one of the elements. He said the demand reduction target of this plan is 75% of the
normal demand or in the City case 20.25 million gallons per day. He noted the City pumped 25 million gallons
yesterday. He reviewed the pending action on this item. He said this could be held off for a while but, if the City
does not take action now, the City will pay for it in future weeks. He said Dishong and himself will evaluate
usage over the next seven days. He said they will create an increased plea for voluntary three day/week
irrigation schedule between 7 pm and 10 am. He said staff will also monitor meteorological changes over the
next week. He noted staff will prepare final Phase II mandatory communications and enforcement measures for
a July 21, 2009 City Council action item, if needed. He said, after this period, if satisfactory changes are not
realized then the call for mandatory restrictions will be issued. Briggs described the conservation plea that will
be sent out to citizens.
Berryman asked and Briggs clarified the measures that would be put in place if they move to mandatory
restrictions including once a week unmanned irrigation. He noted this would not restrict manned irrigation. He
said staff is looking at modifications to the current drought policy which will be brought to the Council in August.
Mayor asked and Briggs said the inflow to Lake Georgetown is 27 millions gallons per day and the demand from
all parties that pull from that source is 40 million per day. Briggs noted the entities most at risk are not in the
room and are the ones that are drawing the most water. Oliver asked and Briggs said, internally, Round Rock is
having these type of discussions but he is not sure if they have been discussed at the Council level. Sansing
asked about how the City could capture more water and listed various ideas for how to do so. He said he would
encourage staff to research options for ways to get people to conserve more. Briggs said staff has been
involved with that over the past couple of years and he listed various efforts that have been made. Berryman
asked and Briggs said if the City wants to have a new pump built, it would be a shared expense with all of the
other entities pulling from that same supply. Berryman said, if Georgetown moves to mandatory regulations,
she thinks the City should have discussions with the other entities to make sure they move into mandatory
regulations as well. Berryman spoke about this being a regional problem. Sansing agreed with Berryman.
Mayor asked and Briggs said switching pumps could take weeks to months to do. Briggs reviewed the current
voluntary irrigation schedule that is being recommended. Oliver said it is important for citizens to know the City
may be going to mandatory water conservation by the next Council meeting.
P Consideration and possible action regarding the Albertson's Building -- Mark Thomas, Director of Economic
Development
Mayor reviewed the item and said this issue was discussed in Executive Session last night Thomas said
Council gave direction to staff to come up with a process for the sale of the Albertson's Building. He reviewed
the aspects of the proposed resolution. He said, under the resolution, the minimum bid price would be $4.38
million dollars which would cover all costs. He noted there is a time period that would start on August 1 st and
close on October 1st. He said staff is seeking authorization to move forward with the process that has been
discussed and developed by staff.
Motion by Berryman, second by Sansing to put the minimum bid of the building at $4.38 million and move the
end date from September 1st to October 1st. Oliver asked and Carls said the Council will be able to reject any
and all bids. She said there is a timeline in the packet and a contract does not have to be awarded by the
October 1st deadline. Approved 7-0
Q Consideration and possible action to authorize the Mayor to execute documents to allow Reedhoim
Instruments to assign their lease with the City to First State Bank as a condition of a loan -- Laurie Brewer,
Assistant Director of Finance and Micki Rundell, Chief Financial Officer
City Council Meeting Minutes/July 14, 2009
Page 4 of 8 Pages
Brewer reviewed the item and said the caption should read "First Texas Bank" and not "First State Bank." She
gave a history of this issue. She said the building was constructed using the Capital Texas Grant which means
the City must act as the facilitator or the go between the business and the State for this funding. She noted the
business has met all of their requirements for job creation and they have also met all of the conditions of the
agreement. Motion by Brainard, second by Berryman to approve the authorization. Sattler asked and Brainard
said the General Government and Finance Committee reviewed this item and added they did not find anything
wrong with the documents. Sattler asked and Brewer said, when First Texas was contacted, they did not have
any questions or concerns. Sattler asked and Brewer said there are no risks to the City because it just acts as
conduit for this agreement. Vote on the motion: Approved 7-0
R Discussion and possible action to determine whether the City Council wants to conduct tours/meetings with all
organizations that have applied for Social Service and Youth Program Funding -- Paul E. Brandenburg, City
Manager
Brandenburg said there was some consideration of going to visit the social service and youth organizations and
this item is to see if Council would like to do these tours in the future. Berryman said her goal was to talk to the
ones who were asking for the most funding. She said she does not think it would be necessary to visit every
organization that submits an application. Mayor asked and Berryman said all of the organizations that requested
over $30,000 have been visited. Ross said he will base his decisions on the presentations given to Council. No
motion was made by Council.
S Discussion and direction regarding the process for Social Services and Youth Program funding, including
setting a Special Workshop meeting date -- Mayor George Garver
Garver reviewed the item and the related discussion held at the last meeting and said he is concerned about the
amount of time necessary to cover this information. He said he has heard requests from Councilmembers that, if
this is a special meeting, it should be recorded for television. He explained what was envisioned for this future
meeting. Ross said he thinks the Council needs a special meeting for this topic. Sansing agreed and said it
takes a while and it is a lot of adding and subtracting. He added it would probably take a minimum of three hours
to complete the discussion. Motion Sansing, second by Ross to hold the special workshop on Monday,
August 10th at 4 pm and make every effort to make sure it is recorded. Oliver said he is afraid it will take more
than three hours unless work is done beforehand. Sansing said he will have his numbers ready. Approved 7-0
T Consideration and possible direction to staff on the creation of a Deer Feeding Ordinance -- Paul E.
Brandenburg, City Manager
Brandenburg described this item and said staff has done a little bit of research on this item. He said they would
like direction on whether or not to explore this issue further. Sattler said he visited with the Oakcrest Subdviision
and noted they are overrun with deer. He said he has received phone calls from residents and he thought it was
worthy of discussion. He also noted Sun City is concerned with this issue as well. He noted he would like to get
feedback from staff to see what could be done to formalize a Deer Feeding Ordinance. Motion by Sattler,
second by Sansing to direct staff to research this issue and find out whether it would be necessary to enact an
Ordinance to prevent the feeding of deer. Brandenburg said he wonders why Oakcrest does not control this
problem themselves. He added he thinks other areas of the City have adopted this type of regulation as well.
Ross said he thinks the homeowner's associations should take care of this. Brainard asked and Brandenburg
reviewed the process he would go through if this motion passes. Vote on the motion: Denied 2-5 (Oliver, Eason,
Sansing, Ross, Brainard opposed)
U Consideration and possible action to authorize the Mayor to sign a letter of agreement with Pulte/Del Webb
related to construction of roadway at Fire Station #5 -- Jim Briggs, Assistant City Manager for Utility
Operations
This item was postponed by staff.
V Consideration and possible action on a Settlement Agreement with ATMOS Gas related to the most recent
rate case -- Jim Briggs, Assistant City Manager for Utility Operations
Briggs described the item and said, on March 6, 2009, ATMOS filed for a net increase of about $15 million . He
said the City participated in the review of the filing as a member of ATM cities, a coalition of over fifty cities. He
noted, on June 10, ATM cities met with the ATMOS negotiating team. He said ATM offered to settle the net
increase for $2.6 million. He said ATMOS agreed to this settlement and this change would increase rates by 15
City Council Meeting Minutes/July 14, 2009
Page 5 of 8 Pages
cents a month. He said this is very similar to the City's PCA Adjustments. He reviewed other important aspects
of the agreement. He said ATMOS is a partner in the earlier TDHCA item. Motion by Sansing, second by
Sattler to approve the settlement agreement. Approved 7-0
W Discussion and
possible action regarding unintended implications and
ramifications of
the recent
amendment to
the Peddlers and Solicitors' Ordinance -- Patty Eason,
Councilmember,
District 1
Eason read the item summary provided to the City Council. She said the City of Georgetown recently amended
its Peddlers' and Solicitors' Ordinance to shorten the duration of peddlers' and solicitors' permits from a period
of one year to a period of fifteen (15) days. She added there were no other adjustments made to the ordinance,
including the requirement for obtaining a criminal background check every time a permit was issued. She said
when the Council discussed this item, the primary focus was on solicitors and/or peddlers who dropped off door
to door salespeople in neighborhoods. She noted the intent of the amendment was to make sure that the Police
Department was aware of who was in our community on a more regular basis than annually. She said the
Police Department had outlined some of the following comments that they have received from vendors
regarding the new requirements. She added they have indicated that they are getting complaints from almost
everyone who has applied for a permit since the amendment was made.She said the main complaint has been
about the amount of money people are required to spend to pay each time they apply for a new permit and the
need to get a criminal background check every time they apply for the new permit (every fifteen (15) days) .She
said a list of specific complaints received were also given to the Council. She said this issue came to her
attention from one of her constituents that has a mobile food vendor business that this is having a huge impact
on his business. She said this places an additional financial burden on the applicants. She noted the Council
did not during its discussion talk about the impact of this requirement on mobile food vendors. She said she
believes that Council's interest and intent in strengthening the ordinance language providing for more frequent
renewal of permits was aimed more toward door-to-door sales rather than mobile food vendors selling products
in the city's rights-of-way.
She said the consequence of this new requirement has been an additional financial burden on these businesses
($15.00, $25.00 for a group of 2 or more, plus the fee for a criminal background check of $24.95 each time the
permits are renewed every fifteen (15) days).She said she would like for the Council to discuss this issue and
give direction to staff to research and determine whether there is a way to amend the ordinance in such a way
that it will accomplish the public safety aspects intended by the ordinance, but at the same time provide some
relief to the City's mobile vendors as described.
Eason said she met with Brandenburg and noted he already has some language that would benefit this issue.
Brandenburg read his suggestion and said the vendors who sell food or ice cream operate in the right of way
and are not going door to door. He noted the Ordinance is meant to enforce only door to door vendors, but this
is affecting all vendors. Mayor suggested extending the fifteen day background check renewal period. Brainard
asked if there is a way to make a criminal background check effective for a year. Brandenburg said this is
possible but there are many types of groups filing for these permits and receiving background checks. Brainard
said he would like to provide people who are in the right of way with immediate relief. Motion by Oliver to direct
staff to look at how this could provide relief to the people in the right of way and bring back suggestions for
possible action. Eason said her constituent is due for renewal of fees and background check on the 17th. She
wants to know if Council can do anything for someone in this position. Brandenburg asked if it is possible to
suspend and Ordinance. Motion died for lack of second. Motion by Berryman to suspend current Ordinance if
legal says its enforceable, review the Ordinance, and then have staff come back to Council with proposed
changes by the end of August. Brandenburg asked and Carls said it would be possible for the City to waive all
fees until changes are made to the Ordinance. Motion died for lack of second.
Speaker, Hilliard Tanksly, said he has lived in Georgetown over the last 20 years. He said he is a business
owner and he also goes out and sells sno-cones to children. He said this new Ordinance has put a damper on
his situation.
Speaker, Paulette Taylor, said she is here as a character representation for Hilliard. She said his business
provides him with an income, adds character to the neighborhood. She noted his work has been seen at their
Juneteenth festival as well as bible school.
Ross said Council needs to look at this, but he is not sure if Council will be able to suspend the Ordinance.
Carls said Ordinances can not be retroactive but said Council could waive any types of fees until the
amendments are brought forth to the Council. Motion by Berryman, second by Sansing to have Carls see if it's
possible to suspend enforcement of the Ordinance and also have staff bring back a new version of the
Ordinance concerning people doing business in the right of way. Mayor reviewed the motion on the floor.
City Council Meeting Minutes/July 14, 2009
Page 6 of 8 Pages
Z• s s, ,•=
X First Reading of an Ordinance Annexing into the City 14.31 acres, more or less, in the Burrel Eaves Survey,
Abstract 216, for Sun City Community Gardens, located north of Sun City Boulevard and west of the Sun City
Softball Park -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Acting Director of Community
Development
Polasek reviewed the item and said, with items X and Y, the second readings will be held until the September
22nd meeting or sooner depending on when the development agreements catch up. He read only the caption of
the Ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by
Berryman to approve the Ordinance on First Reading. Approved 5-0 (Oliver, Ross absent from the dais)
Y First Reading of an Ordinance Annexing into the City 184.91 acres, more or less, in the Barney C. Low
Survey, Abstract A-385, for Oakmont Crossing, located southwest of intersection of Westinghouse Road and
CR 116/Rabbit Hill Road -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Acting Director of
Community Development
Polasek described the item and read only the caption of the Ordinance after having satisfied the requirements of
the City Charter. Motion by Sansing, second by Oliver to approve the Ordinance on first reading. Approved 6-0
(Ross absent from dais)
Z First Reading of an Ordinance amending certain provisions of Chapter 2.20 Of The Code Of Ordinances
relating to "Ethics" including changes to definitions; standards of conduct; role of the City Attorney; and the
complaint process; making formatting changes; revising Attachment "A" To correct terminology; providing a
conflicts clause; providing a severability clause; and providing an effective date -- Patricia E. Carls, City Attorney
Carls said this item is the first reading of the Ethics Ordinance and read only the caption of the Ordinance after
having satisfied the requirements of the City Charter. She said the Ethics Commission is charged to review this
Ordinance annually and they addressed Council concerns as well as some of their own. Carls reviewed the
proposed changes and said Commission member Walt Herbert is in the audience if there are any questions.
Motion by Sansing, second by Oliver to approve the Ordinance on first reading. Approved 7-0
AA First Reading of an Ordinance of the City of Georgetown, Texas, Amending Chapter 4 of the Code of
Ordinances to Add a New Chapter 4.47 Authorizing the Judge of the Municipal Court to Assess a Failure to
Appear Fee and a Violate Promise to Appear Fee Pursuant to Article 45.203(c) of the Texas Code of Criminal
Procedure; Providing a Severability Clause; Providing for Publication; and Establishing an Effective Date --
Cathy Leloux, Court Administrator and Micki Rundell, Chief Financial Officer
Leloux said this item will allow the City to recover the administrative costs associated with issuance and service
for warrants of arrest related to the failure to appear or the violation of the promise to appear. She said this
would assess $25.00 for the Fail to Appear and Violate Promise to Appear fees. She said this revenue would
represent a small increase to the general fund. She said this item also went to the General Government and
Finance Committee. She read only the caption of the Ordinance after having satisfied the requirements of the
City Charter. Motion by Berryman, second by Sansing to approve the ordinance on first reading.Sattler asked
and Leloux said this will probably not improve the appearance of people in Municipal Court Sattler asked and
Leloux said this will go toward the issuance of the actual warrants. Vote on the motion: Approved 74
Brandenburg spoke about what portion of the court fees actually belong to the City and what percentage goes to
the state.
BB Second Reading of an Ordinance Rezoning 2.71 acres in the Flores Survey from RS, Residential
Single -Family to IN, Industrial, also known as the City of Georgetown Impound Yard, located at 300 Walden
Drive -- Tommy Garcia, Planner 11 and Elizabeth Cook, Acting Director of Community Development
Garcia
described the
item and read only the
caption of
the Ordinance on second reading. Motion by Sansing,
second
by Berryman
to approve Ordinance
2009-35.
Approved 7-0
CC Second Reading of an Ordinance Rezoning 35.16 acres in the Foy Survey from AG, Agriculture District to
PUD, Planned Unit Development, also known as Sun City Neighborhood Fifty-four, located on the future
extension of Pedernales Falls Drive -- Jordan J. Maddox, AICP, Planner III and Elizabeth Cook, Acting Director
of Planning and Development
City Council Meeting Minutes/July 14, 2009
Page 7 of 8 Pages
Maddox described the item and read only the caption of the Ordinance on second reading. Motion by Sansing,
second by Sattler to approve Ordinance 2009-36. Approved 7-0
DD Second Reading of an Ordinance to amend the Unified Development Code (UDC) Section 1.03 "
Applicability"; Table 2.01.020 "Summary of Review Authority'; Section 2.02.010.13 "Powers and Duties"; Table
3.01.020 "Applicability of Procedures"; Section 3.02.010 "Pre -Application Conference"; Table 3.03.010
"Summary of Notice Requirements"; Table 3.03.020 "Summary of Required Public Hearing"; Section 5.02.090
"Places of Worship"; Section 9.03.020 "Parking Space and Parking Lot Design"; Section 10.03.020
"Provisionally Exempt Signs"; Section 10.07 "Temporary Signs"; Section 11.02 "Impervious Cover Limitations";
and Section 16.04 Definitions of Uses"; and to add Section 3.20 "Development Agreement"; Section 10.07.040
"Temporary Signs for Temporary Events"; and Section 12.03.050 "Access Point Connection Exemption" --
Elizabeth Cook, Acting Director of Planning and Development
Cook described the item and read only the caption of the Ordinance on second reading. Motion by Sansing,
second by Brainard to approve Ordinance 2009-37. Approved 5-2 (Oliver, Eason opposed) Eason said she is
voting against this motion because she does not support overturning Planning and Zoning's provisions for
impervious coverage. She noted she also still does not support the idea that swimming pools should receive
credit. Oliver agreed and said the impervious cover does not let the water seep into the ground and he thinks
this issue should have been kept at a smaller level.
Motion by Oliver second by Berryman to adjourn -- 8:34 pm
The meeting was adjourned at 08:34 PM.
City Council Meeting Minutes/July 14, 2009
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