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HomeMy WebLinkAboutMIN 09.12.2006 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present. Council Absent. Patty Eason, Doug Smith, Henry Carr, Pat Gabe Sansing Berryman, Farley Snell, Ben Oliver 1,. 1 ' Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; David Morgan, Police Chief; Travis McLain, Airport Manager; Ed Polasek, Principal Long -Range Planner; Keith Hutchinson, Public Information Officer; Leticia Zavala, Accounting Manager; Melissa McCollum, Planner 11; Bobby Ray, Planning and Development Director; Kevin Russell, Human Resources Director; David Hall, Inspections Director; Glenn Dishong, Water Services Manager; Judy Fabry, Library Administrative Assistant Ili; Marsha Iwers, Purchasing Manager • • ! - • • ' - • • • • • • MONOUTIT A Discussion and possible direction to staff to amend Chapter 10.04 and add new section 10.04.045 of the Code of Ordinances of the City of Georgetown pertaining to riding of bicycles, velocipedes, mopeds and similar vehicles, to establish restrictions on the unauthorized use and operation of motor assisted scooters and mopeds, provide definitions, and establishing parental liability for child's unlawful use and operation of motor assisted scooters and mopeds --David Morgan, Chief of Police and Paul E. Brandenburg, City Manager Morgan explained that there have been public safety concerns about the above-mentioned motorized vehicles. He said state requirements are very lax, with no restrictions regarding day or night use. Brandenburg told Council that there have been numerous complaints. There were questions from the Council. Morgan said the purpose of the workshop is to get feedback from the Council. Brandenburg noted that the main issue is to regulate not to prohibit. He told Council that an ordinance would be brought to them at the next meeting. 5:18 p.m. recessed to Executive Session Executive Session Regular Session to convene and continue Executive Session, if necessary 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 that follows. B 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 City Council Meeting Minutes/September 12, 2006 Page 1 of 11 Pages the City Council, including agenda items - Requesting Authorization Lloyd Gosselink to review the electric service agreement for Project Lee -- Jim Briggs, Assistant City Manager for Utility Operations - Evaluation of the LCRA contract -- Jim Briggs, Assistant City Manager for Utility Operations -Transamerican Underground vs. Arch Insurance Co., C.C. Carleton Industries, and Third Party Defendant the City of Georgetown, Cause No. 06-121-C277, District Court of Williamson County, 277th Judicial District - Civil Action No. A -06 -CA -082 SS, Daniel and Carmen Henderson v. City of Georgetown and Bishop Gregory Aymond for the Diocese ofAustin, in the United States District Court, Western District of Texas, Austin Division - Application by MUD 19 for a Sewer Utility Certificate of Convenience and Necessity C Sec 551.072 - Deliberations about Real Property - Discussion and possible action related to the aquisition of property within the Williams Drive Gateway Redevelopment Area. D Sec.551.087: Deliberations Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations. Regular Session ® To begin no earlier than 06:00 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.) 6:02 p.m. -- adjourned Executive Session Mayor Nelon called the meeting to order at 6:03 p.m. Mayor Nelon led the Pledge. G Comments from the dais - Welcome to Audience and Opening Comments -- Mayor Gary Nelon - Review of procedure for addressing the City Council Mayor Nelon welcomed the audience and explained the procedures for the Council Meeting. Announcement of a vacancy for the Downtown Business Owner position on the Main Street Advisory Board Mayor Nelon announced the vacancy. Proclamation to be presented to Dr. Charles Aguillon of the Georgetown Independent School District regarding music education Mayor Nelon read and presented the proclamation to Dr. Aguillon. Graduation Ceremony for the participants in the Georgetown Citizen Academy Brandenburg announced the graduation of the first class of 22 citizens who participated in the Citizen Academy. Brandenburg explained the function of the academy and named the graduates. They accepted their diplomas from the Mayor. H Announcements and Comments from City Manager Brandenburg made the following announcements: On Wednesday, September 20, at 9:30 a.m., Williamson County will dedicate the entrance road into Berry Springs Park and Preserve as Tom McDaniel Parkway and will dedicate a park bench in his memory. The dedication is open to the public. On Wednesday, September 20th at 5:00pm, The Georgetown Independent School District will have its Groundbreaking Ceremony for Phase One of the new High School at 500 County Road 104. The Groundbreaking Ceremony is open to the public. With renovations to be completed early next year, Parks and Recreation will begin accepting reservations for the Georgetown Community Center on Monday, October 2, 2006. Community Center reservations may be made for dates after March 1, 2007. The Community Center is located in San Gabriel Park. For complete fees, regulations, and uses, please contact the Parks and Recreation Administration office at (512) 930-3595. The office is open Monday through Friday from 8 a.m. to 5 p.m. The Georgetown Police Department is launching a new program called Volunteers in Police City Council Meeting Minutes/September 12, 2006 Page 2 of 11 Pages Service. The volunteer program will offer a wide range of positions that may include jobs for office administration, data entry, school-based programs, research, vehicle maintenance, traffic/crowd control, citizen patrols, and special programs such as Blue Santa. Young adults ages 14 to 18 can volunteer by joining the police Explorer Post 152. For More information about the YIPS Program, call Lt. Evelyn McLean with the Georgetown Police Department at (512) 930-8408 or visit our website at www.georgetown.org. I Public Wishing to Address Council As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. J Action from Executive Session Motion by Smith, second by Carr that the City Council authorize the Mayor to sign the Memorandum of Understanding with the Lower Colorado River Authority (LCRA) related to the wholesale power contract negotiations. Approved 6-0 (Sansing absent) Motion by Smith, second by Oliver that the City Council retain the services of the law firm of Lloyd Gosselink to review the draft electric service agreement with Citicorp North America, Inc. Approved 6-0 (Sansing absent) Motion by Smith, second by Eason that the City Council authorize the City Manager and the Assistant City Manager to commence discussions with the Georgetown Independent School District and other landowners regarding the possible acquisition of properties in the Williams Drive Gateway Redvelopment Area, and to report back to the City Council regarding such discussions. Approved 6-0. (Sansing absent) 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. K Consideration and possible action to approve the minutes of the Council Workshop on Monday, August 21, Council Meeting on Tuesday, August 22, and the Special Public Hearing on August 31, 2006 -- Shirley Rinn, Deputy City Secretary and Sandra D. Lee, City Secretary Oliver pointed out that he had been absent from the Council Meeting on Tuesday, August 22, and the mintues need to be corrected to reflect his absence from voting. L Consideration and possible action to approve Resolution to accept the 2006 Tax Appraisal Roll for the City of Georgetown as presented by Deborah Hunt, Tax Assessor -Collector -- Micki Rundell, Director Finance & Administration M Consideration and possible action to approve a Resolution approving the 2006/07 Budget and related Property Tax Assessment for the Georgetown Village Public Improvement District #1 -- Micki Rundell, Director Finance & Administration N Consideration and possible action to adopt a Resolution accepting the proposed project list and approving the Adopted 2006/07 Budget for the Georgetown Transportation Enhancement Corporation -- Micki Rundell, Director Finance & Administration O Consideration and possible action to approve a professional services contract for $27,567.50 with Matthew and Company of Georgetown for the production, placement, and streaming of informational videos to educate Georgetown voters prior to the November 7 election on the one-quarter cent street maintenance sales tax ballot item -- Keith Hutchinson, Public Information Officer and Paul Brandenburg, City Manager P Consideration and possible action to approve an amendment to the contract between the City of Georgetown and Kasberg, Patrick & Associates, LP for professional services relating to the engineering review for the remainder of Sun City Texas -- David Munk, P.E., Development Engineer and Bobby Ray, AICP, Director of Planning and Development Q Consideration and possible action on a Public Review Final Plat for 37.043 acres in the Frederick Foy Survey, Abstract 229, to known as the Planned Unit Development of Sun City Georgetown Neighborhood Forty, located west of Sun City Boulevard and north of Neighborhood 41-- Melissa McCollum, AICP, City Council Meeting Minutes/September 12, 2006 Page 3 of 11 Pages Planner II and Bobby Ray, AICP, Director of Planning and Development Services Motion by Carr, second by Eason to approve the Consent Agenda with the correction to the minutes of August 22, 2006. Approved 6-0 (Sansing absent) Council will individually consider and possibly take action on any or all of the following items: R Presentation of the "City of Georgetown Street Maintenance Program" to be used for educational purposes regarding the November 7, 2006 election to reauthorize a 1/4% sales tax for street maintenance -- Micki Rundell, Director Finance & Administration With a slide display, Rundell presented an educational program regarding the proposal to reauthorize the 1/4% sales tax for street maintenance at the November 7 Election. She noted that the voters had first authorized the 1/4 cent per $100 valuation of the sales tax for street maintenance in November, 2002; and, the State requirese a reauthorization every four years. She said more than $3.4 million has been collected since April of 2003; and 23 streets have been improved, heavy equipment has been purchased, and the City has implemented a pavement management information system. At this time, Mayor invited Lettie Lee, the City's representative to the Williamson County and Cities Health District, to address the Council. She said she was disappointed in the City's response regarding a request for an increase in the per capita funding for the District to help increase salaries to retain and recruit employees. She said the City is $73 per capita, but the Health District Board had requested $85 per capita, a difference of $12,020.00. She asked Council to consider the $2.05 per capita increase. She distributed some additional information to be copied and distributed to the Council. Brandenburg said not all cities in Williamson County are participating so Georgetown and the others who participate are subsidizing the other cities. He said there needs to be a new agreement. He also said the Health District's increase request came in late in the City's budget cycle. He said City staff met with representatives from the other cities. Lee said the City Attorney has been given a draft agreement. Carls said she has a meeting scheduled with Health District Director, Karen Wilson, next week. Lee said currently there are four cities currently participating and there are at least two more that may join. S Consideration and possible action to authorize staff to amend Article VII, Construction, paragraph 7.01 Mandatory Construction of the long term Airport Ground tease Agreement as recommended by the Airport Advisory Board and prepared by the City Attorney -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager McLain noted that this agreement was brought to Council in July, and this is a new agreement incorporating the suggestions from the Council. Motion by Snell, second by Carr to approve the amendment to the lease agreement. Approved 6-0. (Sansing absent) T Discussion and possible action related to the proposed bus transit station to be developed by the Capital Area Rural Transportation System (CARTS) in Georgetown through a grant from the Texas Department of Transportation -- Tom Yantis, Assistant City Manager Yantis noted that CARTS has received funding from TXDOT to construct this station in Georgetown. He reviewed the history of the project and provided a handout to to the Council on the dais. He said the site selection process will be repeated, saying the grant from the state was extended, so there is now a new two-year window for the process. He noted that a scoring criteria was provided, and asked for Council's input regarding that criteria. He referenaced a map in the handout that shows five potential sites to be considered. Snell asked and was told that the City would purchase the land and donate it to CARTS to satisfy our participation in the grant. Snell asked for clarification of the use of the station as to whether it would be a transfer station. Yantis said the grant is for an intercity route. He said the location could also be used as a fixed route within the City. He said it could also be a centralized place to ship freight via bus, saying currently none of these services are provided in Georgetown. Brandenburg also talked about the linkages between downtown and Wolf Ranch, the Rivery, and Southwestern. Smith said he thinks the proposed uses indicate the need for more than one site. Yantis said there is a plan for linkage between the local City Council Meeting Minutes/September 12, 2006 Page 4 of 11 Pages CARTS bus and large travel buses. Oliver noted that he understood the concerns with the first proposed location on Holly Street. He said there needs to be more clarification about the use and the ultimate build -out at the new location. Yantis said there will be further presentations regarding the various locations. U Consideration and possible action to approve a resolution establishing Council policy on the implementation of conservation subdivision design standards for certain properties within the city limits and ETJ -- Tom Yantis, Assistant City Manager Yantis said, currently, the land that is included in the South San Gabriel River Basin is undeveloped, but the City is beginning to see interest in developing that area into residential sites. He said the City needs a mechanism to implement a design standard that will eventually be adopted into the Unified Development Code (UDC). He said it is important to get a policy in place so amendments to the Comprehensive Plan can be handled. He said one unit per acre has been the proposed intensity for those areas, but the developers are considering higher density, so they will be asking for revisions. He said the City will need to request incorporation of conservation subdivision design standards in their development plans. Mayor said this gives Council a tool to make sure that the developments comply with City standards through either Planned Unit Development (PUD) or with development agreements. Carr asked and was told the criteria would determine whether there would be a PUD or a development agreement. Yantis said the developer would submit a comprehensive plan amendment for the project; which would then go before the Planning and Zoning Commission and then to Council. Eason asked and Yantis noted that the changes to the UDC would occur in April. Motion by Snell, second by Oliver to approve the resolution. Approved 6-0. (Sansing absent) V Consideration and possible action to award a bid for the construction of approximately 1800 linear feet of sidewalk -- Mark Miller, Transportation Manager and Jim Briggs, Assistant City Manager for Utility Operations This item was pulled by staff and forwarded to the September 26 Agenda. W Item forwarded from the Georgetown utility Systems (GUS) Board Consideration and possible action to enter into an Agreement with Operations Management Iternational for the emergency repair of the Lake Water Treatment Plant Filter #2 for $89,757.50 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying this failure is similar to the recent failures at other plants. He said the GUS Board unanimously approved the agreement. Berryman asked about the failure issue with the product. Dishong noted that the City is dealing with the manufacturer regarding three of four failing at the same time. He said there is really not a competitor for this particular product. Smith noted that the manufacturer is giving the City substantial discounts on the replacement filters. Motion by Smith, second by Oliver to approve the agreement. Approved 6-0. (Sansing absent) X Second Readings 1. Second Reading of an ordinance amending Chapter 15.16, Electrical Code, of the Code of Ordinances, providing for the adoption of the 2005 (National Electrical Code and electrical licensing registration requirements -- David Hall, Director of Inspection Services and Tom Yantis, Assistant City Manager Hall read only the caption of the ordinance on second reading. Motion by Carr, second by Berryman to approve Ordinance 2006-75. Approved 6-0. (Sansing absent) 2. Second Reading of an ordinance amending Chapters 2.28, 6.0418.04, 8.087 8.20, 8.287 10.04, 10.16, 12.24 eliminating references to the position of Fire Marshal and replacing references to Fire Marshal with references to various other city personnel consistent with the city's current administrative divisions and departments -- David Hail, Director of Inspection Services and Tom Yantis, Assistant City Manager Hall read only the caption of the ordinance on second reading. Motion by Smith, second by Eason to approve Ordinance 200646. Approved 6-0. (Sansing absent) 3. Second Reading of an Ordinance Rezoning from AG, Agricultural district to C-1, Local Commercial district, Lot 2, Dicotec Subdivision, also known as The Barn, located at 4405 Williams Drive -- Bobby Ray, AICP, Director of Planning and Development Services City Council Meeting Minutes/September 12, 2006 Page 5 of 11 Pages Ray explained the item and read only the caption of the ordinance on second reading. Motion by Smith, second by Carr to approve Ordinance 2006-77, Approved 6-0. (Sansing absent) 4. Second Reading on an Ordinance Comprehensive Plan Amendment to change the Future Land Use from Residential and Office/Retail/Commercial to Office/Retail/Commercial for 2.572 acres in the William Addison Survey, Abstract No. 21, located near the northeast corner of Inner Loop and E. University -- Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services Maddox explained the item and read only the caption of the ordinance on second reading. Motion by Snell, second by Eason to approve Ordinance 2006-78, Approved 6-0. (Sansing absent) 5. Second Reading of an Ordinance Rezoning from RS, Residential Single -Family district to C-3, General Commercial district, 2.572 acres in the William Addison Survey, Abstract No. 21, located at the northeast corner of the intersection of SH -29 and Inner Loop -- Bobby Ray, AICP, Director of Planning and Development Services Ray explained the item and read only the caption of the ordinance on second reading. Motion by Eason, second by Berryman to approve Ordinance 200649. Approved 6-0. 6. Second Reading on an Ordinance Comprehensive Plan Amendment to change the Future Land Use from Residential and Office/Retail/Commercial to Office/Retail/Commercial for 42.326 acres in the William Addison Survey, also to be known as University Plaza, located at the northeast corner of Inner Loop and E. University -- Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services Maddox explained the item and read only the caption of the ordinance on second reading. Motion by Carr, second by Berryman to approve Ordinance 2006-80, Approved 6-0. (Sansing absent) 7. Second Reading of an Ordinance Rezoning from RS, Residential Single -Family and AG, Agriculture districts to C-3, General Commercial district, 42.326 acres in the William Addison Survey, also to be known as University Plaza, located at the northeast corner of Inner Loop and east SH -29 -- Bobby Ray, AICP, Director of Planning and Development Services Ray explained the item and read only the caption of the ordinance on second reading. Motion by Eason, second by Smith to approve Ordinance 2006-81, Approved 6-0. (Sansing absent) 8. Second Reading of an Ordinance Rezoning from AG, Agricultural district to PUD, Planned Unit Development district for 37.043 acres in the Frederick Foy Survey, Abstract 229, to known as the Planned Unit Development of Sun City Georgetown Neighborhood Forty, located west of Sun City Boulevard and north of Neighborhood 41 -- Melissa McCollum, AICP, Planner 11 and Bobby Ray, AICP, Director of Planning and Development Services McCollum explained the item and read only the caption of the ordinance on second reading. Motion by Carr, second by Berryman to approve Ordinance 2006-82, Approved 6-0. (Sansing absent) 9. Second Reading of an Ordinance Comprehensive Plan Amendment to change the intensity level from Level 1 to Level 2 for 154.015 acres in the A.H. Porter Survey, also known as Cimarron Hills — Jensen Tract, located at 300 Lightning Road near SH 29 West -- Jordan Maddox, Planner I and Bobby Ray, AICP, Director of Planning and Development Services Maddox explained the item and read only the caption of the ordinance on second reading. Motion by Berryman, second by Smith to approve Ordinance 2006-83, Approved 6-0. (Sansing absent) Y Public hearings/First Readings 1. First reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 2006 -- Micki Rundell, Director Finance & Administration Rundell explained the item, saying the rate is based on the net taxable property values at January 1, 2006, and is being proposed at $0.36728 per $100 valuation, representing a 6% increase in last year's rate of $0.34626. She noted to Council that this rate has been used in preparing the budget for adoption in the next item on the agenda. She noted that the state requires specific language when City Council Meeting Minutes/September 12, 2006 Page 6 of 11 Pages making the motion, as outlined in the agenda item cover sheet for this item. Speaker, Helen Jackson, said the 2 cent increase coupled with the 3% to 4% increase in property values results in a 10% increase in the amount of taxes to be paid by citizens. She said she is in favor of a pay increase for public safety if it can be done without a tax increase. She said two proposed one-time expenditures, a dog park and a merit bonus program for non -safety personnel, seem to be exclusive to specific people. She said she disagreed with trying to "keep up" with Round Rock. Speaker, Joseph Carpenter, said he doesn't think the City has hired the proper people to manage the City's budget. He said the staff and Council have approved the tax increase, but what about the citizens? He said he thinks the proposed tax rate is wrong. Rundell read the caption only of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Snell, second by Smith that property taxes be increased by the adoption of a tax rate of $0.36728, of which $0.21979 will be for Maintenance and Operations, and $0.14749 for interest and sinking. Carr asked that his words be recorded in the minutes, verbatim. Following is Carr's statement for the record: "I do oppose the high tax rate that we have published and talked about for several weeks; also oppose the budget that's implicit in this tax rate. I think we're simply spending too much. I agree with Joe, the earlier speaker. In a year, in which all of our sources of revenue have gone up significantly, in some cases, exceeding any forecast ever made, we're marching toward a large property tax rate increase on top of a large property tax increase due only to the appraised values going up. I've seen estimates of a total impact of 10°1x, and I assure you that I know some people who have much larger appraisal increases, and so this is not a 10% problem for them. In the press, and in the comments made from the dais, we continue to hear the drumbeat about Georgetown having the lowest or one of the lowest property tax rates in this region, and I just want to point out that that's just part of the story. There's another way you can look at this.... it's a true statement, but there's another side to this. Our property tax rate is low compared to others, but if you look at the spending rate for the General Fund, we're spending a lot more than that tax rate will imply. And, I think when we talk about it, from the dais and from the microphone up there, we never really acknowiege that higher level of spending. If you take the property tax rate, and then add slightly more than 3 cents of sales tax for property tax reduction, which was approved by the voters, and then if you add the return on investment from the utility profits to this analysis and try to convert that into what it would mean for a tax rate if you didn't have those other ways of getting money, we would be in excess of 40 cents per $100 evaluation. I estimate the number to be 32 cents. And, if you look at all these other cities that are around us in this region, we would be right in the middle of that pack, and some of them do not have the utility business that we have. So, you know, it's a good thing that we have these sources of revenue, but I think we need to be straight up about the idea that we are spending quite a bit more than the property tax rate would imply, and I don't think we could exist if we didn't, and do the services that we provide now. So, in essence, its costing us the equivalent of 42 cents per $100 evaluation to run this part of our government. The property rate tax payer, the utility rate payer, the customers, are going to pay for this one way or the other. The cost of running the government is a real fact of life in this budget, and I just think that we shouldn't let people think that it's only the tax rate that does it. Are we trying to do too much? I believe we are. Of course, I could have an endless argument with the City Manager about this, and we would never get anywhere. I think we need to better manage our expense levels in every department. And, we need to set a cap for this and tell the City Manager to go back and figure out how to implement it. If, indeed, public safety is so incredibly important, to get the salary levels up to Austin, then, we need to give up something else to do that. I think there's enough money in a $28 million General Fund that is growing from $22 million this year, that we ought to be able to find it. I'm confident I could find it, if i had the power to go do it. But, it's very rarely that I can out -argue the City Manager on this. I don't have that authority or patience. There's another way to go at this. If you go back and look at the surpluses that we generated in running the government for the last three or four years, and try to average that surplus together, I'll bet we could take 2/3 of that number and set that as a goal and Paul would never even feel the damage. That's just sort of the tactical way to go do it. Anyway, I know that that's not a popular attitude, so I'd like to get some recorded votes here before we get to the big vote. I want to amend the motion that's been made to set the property tax rate to exactly this year's current rate, and I believe, that's 34626, but I might be wrong on that. And, if 1 get a second, I might say something else about that. That's really a significant increase in property taxes, if nothing else, just because we have increases in appraised values." City Council Meeting Minutes/September 12, 2006 Page 7 of 11 Pages Motion by Carr, second by Berryman to amend the motion to set the property tax rate at the current rate. Carls asked for the breakdown, and Rundell said if the current property tax rate is adopted, the interest and sinking would come out of the General Fund. Rundell said she could calculate the breakdown of the tax rate as proposed by Carr. Nelon noted for the record that when the City Manager proposed his budget to the Council, he proposed just a little over 35 cents, and the Council raised the amount in order to get the compensation up to the 95% level. Smith asked and Carr said he wanted to obtain the additional $400,000 to "up" the salaries of public safety employees by trimming it from other areas of the budget. Oliver asked for an explanation of the term "excess." Carr said that every year the City generates excess. Smith said he believes that the excess was to be applied to the increased costs for the Recreation Center. Vote on the amendment: Opposed 4-2. (Eason, Smith, Oliver, and Snell opposed) (Sansing absent) Motion by Carr, second by Berryman to amend the original motion by setting the property tax rate at the exact number as proposed by the City Manager. Rundell said the City Manager's proposed rate was 35.728. The vote was 3-3. Nelon broke the tie. Approved 4-3. (Snell, Eason, and Qwar* Smith opposed) (Sansing absent) Mayor Nelon said he voted in the affirmative to approve the 35.728 and work with the City Manager to phase in compensation. (* as corrected by Smith at the Council Meeting on September 26, 2006.) Motion by Snell, second by Smith to amend that the difference as it effects the budget, that we instruct the City Manager to remove the compensation increases which the 1 % originally provided. He said he would prefer that rather than going back and looking through all the budget items. He suggested that the rate go back to the amount that the City Manager first suggested, phasing in the salary increases. Oliver asked and Brandenburg explained that the phasing brought the salary rate to 92% of Round Rock's rate. Carr clarified that if it is Council's desire to reach the 95% level, Council could tell staff to go figure out how to do this and bring it back to the Council at the second reading. Rundell said if Council wants them to pursue the 95% rate, she needs specific instructions tonight in order to bring forth an amended second reading. Berryman asked for clarification, and Brandenburg said staff will come back with recommendations to remove specific items from the budget in order to achieve the money needed to increase the public safety compensation from 92.5% to 95%. Oliver said he feels it's important to have staff go back and look for the extra money. He said he believes this is an issue of "supply and demand," not a matter of matching Round Rock, saying there are a limited number of public safety personnel because they are going overseas and elsewhere in order to make more money. He said the City must find a way to be competitive. He confirmed that Brandenburg will come back with a set of choices for Council. There was further discussion from the Council. Vote on the amendment: Opposed 4-2 (Eason, Carr, Berryman and Oliver opposed)(Sansing absent) The amendment failed. Carls asked that the amended motion be read in the specific language required by the State. Motion by Carr, second by Berryman to amend that the property taxes be increased by the adoption of a tax rate of $0.35728, of which $0.20979 will be for Operations and Maintenance and $0.14749 for Interest and Sinking. Approved 4-2 (Snell and Eason opposed)(Sansing absent) Snell clarified that at the next meeting, on second reading, the City Manager will bring in proposals to justify this tax rate; and there will be a second reading on the tax rate, and if it is moved back to the original idea, there will be alternatives. Brandenburg and Rundell confirmed that staff would be ready with the proper ordinance. Rundell noted that Council could not go "over" the original proposed rate because it has already been published in the newspaper. 2. First reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 2006, and ending September 30, 2007; adopting the Annual Amendment to the Century Plan, First Reading, Micki Rundell, Director Finance & City Council Meeting Minutes/September 12, 2006 Page 8 of 11 Pages Administration Rundell read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. She noted that the budget summary that had been distributed to the Council will be appropriately amended to correspond with the differences that will be calculated for the newly proposed tax rate. She said the original budget appropriations amounted to $153,873.42 or a maximum of $1547000.00. Motion by Oliver, second by Carr to approve the ordinance on first reading. Approved 6-0. (Sansing absent) 3. First reading of an ordinance amending Section 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell, Director, Finance & Administration Rundell said the only administrative change is to move sanitation from finance to community services. She read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Carr and second by Smith to approve the ordinance on first reading. Approved 6-0. (Sansing absent) 4. 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, Human Resources Director and Paul Brandenburg, City Manager Russell noted that this ordinance is required by state law to detail the number of classifications and number of positions in police and fire. He read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. He said the number of positions will be tied to the number of positions approved for the upcoming year. He said the only change will be in the Fire Department, where the title of the position that is currently known as captain is being changed to batallion chief to more closely describe the duties and activities of that position. He said this was approved by the Civil Service Commission in May. Motion by Eason, second by Berryman to approve on first reading. Approved 6-0. (Sansing absent) 5. First reading of an ordinance denying the rate increase proposed by the ATMOS Energy Corporation, Mid -Tex Division; requiring the reimbursement of municipal rate case expenses; finding that the meeting complies with the Open Meetings Act; and making other findings and provisions related to the subject -- Jim Briggs, Assistant City Manager for Utility Operations and Trish Carls, City Attorney Briggs read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. He said they found the greater amount of gas service used, the lower the rate, so the rate burden is on the residential rate payer. He said the methodology used is that the high end user gets a lower cost. Motion by Eason, second by Carr to approve the ordinance on first reading. Approved 6-0. (Sansing absent) 6. First Reading of an Ordinance of the City Council of the City of Georgetown, Texas, repealing and replacing chapter 13.20 of the City of Georgetown Code of Ordinances relating to "Sewage Disposal;" repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter and explained that this is a complete rewrite that expands the language to be more consistent with the changes made to the Unified Development Code, provides for the additional systems, and gives incentives to wastewater collections sytems rather than septic systems. Motion by Carr, second by Berryman to approve the ordinance on first reading. Approved 6-0. (Sansing absent) 7. First Reading of an Ordinance of the City Council of the City of Georgetown, Texas, repealing and replacing Chapter 13.10 of the City of Georgetown Code of Ordinances relating to "utility System Improvements;" repealing conflicting Ordinances and Resolutions; including a severability clause; and establishing an Effective Date—Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations City Council Meeting Minutes/September 12, 2006 Page 9 of 11 Pages Dishong read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter and explained that this is a complete rewrite to make it conistent with recent changes to UDC and Chapter 13.20 of the City Code. Motion by Smith, second by Berryman to approve on first reading. Approved 6-0. (Sansing absent) 8. Public hearing and first reading of an ordinance amending Chapter 13 ("Infrastructure and Public Improvements") of the Unified Development Code (UDC) pertaining to the Creation of Special Districts and Utility Infrastructure in Rural Residential Subdivisions -- Tom Yantis, Assistant City Manager Yantis read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter and explained that this is the creation of municipal utility districts and the changes to utility services. The Public Hearing was opened at 7:52 p.m. There were no comments. The Public Hearing was closed at 7:52 p.m. Motion by Snell, second by Carr to approve the ordinance on first reading. Approved 6-0. (Sansing absent) 9. First Reading of an Ordinance Amending Section 15.04.045 of the Code of Ordinances to revise the Development Process Fees for Planning and Zoning -- Bobby Ray, AICP, Director of Planning and Development Services Ray explained the increases, saying they will offset the cost of producing the maps. He read the caption only of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Smith, second by Eason to approve the ordinance on first reading. Approved 6-0. (Sansing absent) 10. First Reading of an Ordinance Annexing into the City 145.5779 acres, more or less, in the Joseph Fish Survey and William Roberts Survey, located south of Shell Road, for Georgetown Village, Section Nine -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director of Planning and Development Polasek said the public hearings were held in August. He read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Carr, second by Berryman to approve the ordinance on first reading. Approved 6w0. (Sansing absent) 11. First Reading of an Ordinance Annexing into the City 1.28 acres, more or less, in the Joseph Fish Survey, William B. Lord Survey and William Roberts Survey, located north of Shell Road, for Georgetown Village, Section Six revised -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek explained the item and read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Berryman, second by Smith to approve the ordinance on first reading. Approved 6-0. (Sansing absent) 12. First Reading of an Ordinance Annexing into the City 10.158 acres, more of less, in the Williams Addison Survey, Abstract No. 21, located southeast of FM 1460 and Georgetown Inner Loop, for the remainder of the Avery Tract -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek explained the item and read only the caption of the ordinance on first reading after having satisifed the requirements of the City Charter. Motion by Carr, second by Berryman to approve the ordinance on first reading. Approved 6-0. (Sansing absent) 13. First Reading of an Ordinance Annexing into the City 66.737 acres, more or less, in the Williams Addison Survey, Abstract No. 21, located southeast of FM 1460 and Georgetown Inner Loop, for the remainder of the Moore Tract -- Edward G. Polasek, AICP, Principal Planner and Bobby Ray, AICP, Director Planning and Development Polasek explained the item and read only the caption of the ordinance on first reading after having City Council Meeting Minutes/September 12, 2006 Page 10 of 11 Pages satisifed the requirements of the City Charter. Motion by Eason, second by Smith to approve the ordinance on first reading. Approved 6-0. (Sansing absent) Z Appointments 1. Consideration and possible action to appoint members to the Comprehensive Plan Steering Committee -- Mayor Gary Nelon Mayor listed the proposed members of the Committee. It was noted that this is an ad hoc committee, the appointees being representatives of particular entities, saying the representatives could designate someone to attend in their position, if necessary. Nelon asked if there were a councilmember who might serve with the Mayor to attend in the Mayor's absence. Farley Snell volunteered. Mayor noted that the first meeting is posted for tomorrow night at 6:00 p.m. Motion by Berryman, second by Oliver to approve the list of names. Approved 6-0. (Sansing absent) The members who were appointed are: Mel Pendland (Chamber), Ellie Skross (Downtown), Mayor Nelon/Farley Snell, Jack Hunnicutt (Homebuilder), Supt. Joe Dan Lee (GISD), Jake Schrumm (Southwestern), Linda Scarborough (Sun /media), Sarah Milburn (P & Z), Marge Tripp (Health District), Chris Troutman (Churchill Farms HOA), Micki Wiesner (Sun City HOA), Deena Berg, Katy Crossing HOA), Mike Cook, Heart of Georgetown HOA), Bob Horick (Housing Authority), Rick Smith (Economic Development Advisory Board), Mark Ramsey (Parks Board), and Perry Steger (Development Community). 2. Consideration and possible action to appoint Taunya Vessels to the Convention and Visitors Bureau Board to a position that will expire in February, 2007 -- Mayor Gary Nelon Nelon explained the item. Motion by Oliver, second by Carr to approve the appointment. Approved 6-0. (Sansing absent) The meeting was adjourned at 08:05 PM. City Council Meeting Minutes/September 12, 2006 Page 11 of 11 Pages Attest: Secretary