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HomeMy WebLinkAboutMIN 08.24.2004 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: ii Council Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry All Council present Carr, John Kirby, Farley Snell, Ben Oliver Staff Present: --- - Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Trish Carls, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Laurie Brewer, Controller; Leticia Zavala, Chief Accountant, Lori It Lankford, Accountant; Glenn Dishong, Water Services Manager; Mike Mayben, Energy Services it Manager; Amelia Sondgeroth, Director of Planning and Development Services; Bobby Ray, Chief Current, it Planner; Ed Polasek, Chief Long -Range Planner; Melissa McCollum, Development Planner; Brent Schacherl, Police Special Operations Lieutenant j A Sec.551.071: Consultation with Attorney - Pending or Threatened Litigation - Brazos River Authority regarding Operations and Maintenance of the Stillhouse Raw Water Pipeline - E.O. Sharp Butane Co., Inc. v. City of Georgetown, Texas, Cause No. A -04 -CA -299 -SS, in the United States District Court, Western District of Texas, Austin Division - Legal Advice Regarding Agenda Items and other Matters B Sec.551.072: Deliberation on Real Property - Discussion and possible action concerning the purchase of right-of-way and easements for improvements to SH 29 West and CR 265 C Sec.551.074 personnel matters - Annual review of contract and performance evaluation of City Manager Regular Session D Call to Order The meeting was called to order at 6:00 p.m. E Pledge of Allegiance Mayor Nelon led the Pledge. F Comments from the dais Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief outline of meeting procedures. - Announcement of two vacancies on the Library Advisory Board, two vacancies on the Main Street City Council Meeting Minutes/August 24, 2004 Page 1 of 10 Pages Advisory Board, and o..e vacancy on the Animal Shelter Advisory BoarG Mayor Nelon announced the vacancies. G Announcements and Comments from City Manager Presentation to Council of three idea Fair People's Choice Awards won by the Georgetown CVB at the TACVB (Texas Assoc. of Convention & Visitors Bureau) Annual Conference in Lake Conroe-- Martha Lawlor, Vice -Chair Convention & Visitors Bureau Board, and Shelly Hargrove, Convention & Visitors Bureau Director and Main Street Manager Brandenburg introduced Shelly Hargrove who displayed the winning entries and introduced Martha Lawlor of the Main Street Board who explained the awards won by local artist, Lucas Adams; City Webmaster, Erin McDonald; and Tourism Coordinator, Cari Miller. H Public Wishing to Address Council There was no one who registered to speak to Council on an item not posted on the agenda. Action from Executive Session Motion by Smith, second by Carr with regard to the acquisition of right of way and easements necessary for improving SH29 and CR265, that the City Council authorize the City's legal representatives to file formal condemnation actions on all tracts for which the City has not received a signed Possession and Use Agreement by 9:00 a.m, on Friday, August 27, 2004. Approved 7-0. Motion by Smith, second by Sansing with regard to the same SH29/CR265 highway improvement project, that the City Council authorize and direct the City's legal representatives to respond to the counteroffer received from the owner of Parcels 3 and 14 in a manner consistent with the direction given to legal counsel in last night's executive session. Approved 7-0. Motion by Smith, second by Snell to increase the annual salary of City Manager Paul Brandenburg to $132,600, effective with the first pay period of the 2004/2005 fiscal year. Approved 7-0. Statutory Consent Agenda J Consideration and possible action to approve the minutes of the Council Workshop on Monday, August 9, the Regular City Council Meeting of Tuesday, August 10, and the Budget Meeting on Wednesday, August 12, 2004 -- Sandra Lee, City Secretary K Consideration of an award of the bid for licensed electrician services to Mercury Electric Company in the estimated annual amount of $78,750.00 -- Terry Jones, Purchasing Director, Mike Mayben, Energy Services Manager, and Micki Rundell , Director of Finance and Administration L Consideration of authorization to appoint Judy Parks as the representative to the Central Texas Library System for the Georgetown Public Library -- Judy Parks, Chair of the Library Advisory Board and Mayor Gary Nelon M Consideration and possible action to authorize application for a Training Grant of $6,000.00 from the Texas Commission on Fire Protection -- Anthony Lincoln, Fire Chief N Consideration and possible action to enter into an agreement between the City and Operations Management International for the replacement of hypochlorite storage tanks at the San Gabriel Water Treatment Plant for $30,866.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities O Consideration and possible action to enter into an agreement with Operations Management International for distribution sampling analysis cost reimbursement for fiscal year 2003-2004 in an amount not to exceed $25,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities Motion by Sansing, second by Oliver to approve the Consent Agenda with the exception of Item K that was pulled from consideration. Approved 7-0. Mayor Nelon moved forward Items S and GG to accomodate the audience. City Council Meeting Minutes/August 24, 2004 Page 2 of 10 Pages S Consideration and possible action to approve the placement of the adoption of the proposed tax rate on a future agenda and set a public hearing on the proposed tax increase -- Micki Rundell, Director of Finance and Administration Rundell explained that, according to the "Truth and Taxation Law," the proposed increase in property tax rate must be approved for placement on a future agenda and asked the Council to set the ceiling for the tax rate at .34626 with an item to be placed on the September 14, 2004 Council Meeting Agenda to approve that rate. With a slide presentation, she explained the proposed tax rate. She noted that the increased property tax on a home of $150,000 would be $51.03 annually. There were questions from Councilmember Carr. Motion by Snell, second by Eason to place the adoption of the property tax rate of .34626 per $100 valuation, (which would be 23.294 cents for maintenance and operation and 11.332 cents for debt service) as an action item at the September 14, 2004 Regular Council Meeting to be held at 6:00 p.m. in the City Council Chamber, 101 E. 7th Street, Georgetown, Texas. Approved 5-2. (Kirby and Carr opposed) Motion by Snell, second by Sansing to schedule a public hearing on the proposed tax rate, including date, time, and place. This hearing must be at least three days, but no more than 14 days before the first reading to adopt the proposed tax rate in order to meet publication timelines for notices, the tax hearing is proposed to be scheduled September 7, at 5:00 p.m. in the Council Chamber. Approved 6-1. (Kirby opposed) GG Consideration and possible action to amend the proposed 2004-2005 Annual Operating Pian (budget) and proposed tax rate. Henry Carr - Council Member, District 4 Carr thanked the people in the audience and encouraged their speaking to the Council. Carr gave a brief history of this year's budget process, saying the Council received great detail but not clear strategy. He said the City Manager presented a convincing presentation to the Council on August 11. He said the key revenue sources, property taxes and sales taxes, are not expected to increase very much. He said the appraised values across the City are not uniform, saying some people are impacted more than others. He said he doesn't understand why extra police and fire personnel are needed. He said a recent city survey did not show citizen discomfort regarding the current public safety service. He said he thinks the City Manager should propose "little" cuts throughout the budget to make up for the cost of the proposed extra public safety personnel. He said he wants to get back to what can be afforded with the "natural growth," and wants to "drive down" the tax rate. Motion by Carr, second by Kirby to direct the City Manager to present to the Council, not later than September 2, in a public meeting, a list of possible expense reductions in General Fund expenses that will compensate for all the new police and fire personnel expenses. The reductions should not be large lump sums; they should instead be trimming and adjustments or delays across many different areas of the General Fund. The Council should, on that day, debate the manager's proposals and take action. Speaker, Kathy Heidemann, said Carr addressed what needs to be thought about. She suggested the Council show a conservative posture in light of the upcoming elections and become more supportive of the economic development program. Speaker, Alexia Griffin, said she is disturbed that the Council went above what the Manager proposed and rejected his budget. Speaker, Howard Williams, said he is working for a positive vote on Proposition 13 to encourage financial responsibility in the City government. Speaker, Merlin Darling, said one of the reasons he moved to Georgetown was to get away from the tax increases in Austin. the He asked that Council keep the tax rate constant. Speaker, Don Padfield, said the City should keep up the emphasis of living within "our means." He said when $180,000 and that she would the revenue comes from the new development as if that is going in now, expenses can be increased. Speaker, Adrienne Padfield, asked Council why there is a City Manager and Finance Director if the Council is not going to take their advice. She said the Council is "double dipping." Speaker, Janet Douglas, told Council she bought her house for $165,000 and was told that the assessed value is $180,000 and that she would said the modeling be charged as if on a her house is worth if projects could be planned $178,000 next year. Carr asked Rundell for clarification on a provided model concerning Proposition 13. Rundell said the modeling is based on a set of assumptions. Carr asked if projects could be planned but not started until City Council Meeting Minutes/August 24, 2004 Page 3 of 10 Pages mid -year, depending on .Y, rat the sales tax looks like. Snell said, back in the 90's, the City was keeping the tax rate at the same rate by taking up to $3 million a year out of the utility funds and forcing the utility funds to borrow money for needed infrastructure. He recalled the "Scenario H" method used to correct the problems, saying the staffing and service levels were kept steady to keep the budget balanced. He said, therefore, the City has been and continues to be in a "catch up" mode for several years to attain the proper level. Kirby said Snell pointed out that growth can pay its own way. He suggested that Georgetown be compared to other cities of our size that are county seats and near a major highway. He said he doesn't think the increase in public safety is needed due to the gathering of state and county officials in the same area. He suggested safety zone fees to help growth pay its own way. He suggested the City work harder and longer to find ways to avoid raising taxes. Smith said he thinks each Councilmember should be able to suggest what they would cut in order to decrease the tax rate. Motion by Smith, second by Kirby to amend the previous motion to say that each councilmember should suggest what they would cut, and that would be voted "up or down" by the Council. There was discussion that the Council suggestions would be "on top" of the list of cuts from the City Manager. Approved 4-3. (Sansing, Snell and Oliver opposed) Carr re -read his motion to direct the City Manager to present to the Council, not later than September 2, in a public meeting, a list of possible expense reductions in General Fund expenses that will compensate for all the new police and fire personnel expenses. The reductions should not be large lump sums; they should instead be trimming and adjustments or delays across many different areas of the General Fund. The Council should, on that day, debate the manager's proposals and take action. Snell and Eason noted they will not be town on September 2. Kirby asked to amend Carr's motion to not limit the size of the suggested cut. Carr agreed to change his motion to say "any kind of adjustment" could be suggested. Oliver clarified that the amount to be trimmed is $490,000. It was clarified by Carr and Kirby that "anything" could be cut, including the new police and fire personnel. Oliver said he thinks it is a responsible thing to ask the City Manager to look again and see if there is anything that could be cut, but he would not support doing it in a way that a specific amount of money needs to be cut. He suggested that staffing be done in a pro -active way to be prepared for future growth. He also said he felt the Council was not "undercutting" the Manager by suggesting an increase in public safety. Sansing clarified that the difference to makeup is 8 tenths of one cent per $100 valuation. He said Public Safety was mentioned in the citizen survey and he thinks the Manager would have put more Public Safety personnel in the budget if he thought he could have. Vote on the original motion as amended: Approved 3-4. The motion failed. (Sansing, Snell, Oliver and Eason opposed) Mayor reiterated that the Public Hearing will be held on September 7 to give the public a chance to speak and the tax rate is to be voted on first reading on September 14, and the second and last reading at the last meeting in September. He emphasized that the vote to bring the tax rate to the public hearing was not a "binding" vote on the tax rate itself but "sets the stage for more discussion." At this time, the Mayor moved to Item R R Consideration and possible action to approve a one time $50,000 grant to the Georgetown Community Clinic with funds to come from Council contingency and legal contingency -- Councilmember Doug Smith Smith explained that the Clinic is undergoing a "cash flow crisis" while waiting for promised federal funds. He said the Clinic has requested this one-time grant to use as 2 to 1 matching funds for a Scott and White Grant of $125,000. Speaker, Marjorie Herbert, told Council she serves on the Board of the Clinic and described the people in the Clinic waiting room. She said the majority of the patients were small children. She said there have been more than $25,000 patient visits since it opened and saves the Georgetown Hospital millions of dollars. She said the FQHC status will allow them to receive reimbursement for the cost of care, but the City Council Meeting Minutes/August 24, 2004 Page 4 of 10 Pages money is delayed, and t, .0 s why the Clinic needs funding at this time. Sri„ thanked the Council for the support. Speaker, Jack Hunnicutt, Treasurer of the Clinic Board, told Council they received "FQHC look-alike status" in June by "ramping up" their expenditures, which will bring more funding to the Clinic from the Federal Government. He said they have raised over $800,000 from private sources, as well as $250,000 from the County and the $125,000 matching grant from Scott and White. Motion by Smith, second by Sansing to approve a one-time contribution of $50,000 to the Georgetown Community Clinic with funds to come from Council Contingency and Legal Contingency. Kirby said he supports the Community Clinic and will vote for this item because he doesn't want the Clinic to fail, but doesn't believe that the City is the entity that should supply this extra funding, he thinks it should come from the County. He said many of the patients of the Clinic live all over the County and not within the city limits of Georgetown, but all patients reside within the County. Carr asked and Hunnicutt responded that the County supplied $250,000 at the request of the Clinic. Approved 7-0. 7:40 p.m. -- recessed 7:50 p.m. -- resumed P Discussion and possible action to approve a Resolution creating a downtown Neighborhood Empowerment Zone -- Tom Yantis, Assistant City Manager Yantis explained that this item is a follow-up for an item last September. He said this is the tool of choice to implement the reduced building inspection, construction, and impact fees and allows the City to set certain performance standards in agreements. He said this will advertise to potential developers that the City is open to these types of agreements for developing downtown. Motion by Snell, second by Oliver to approve the resolution. Kirby asked and Yantis responded that the Tax Increment District will be established soon, saying notices are being sent out. Oliver asked and Yantis further clarified the procedure. Sansing asked if the boundaries should be extended beyond the Downtown Overlay District. Motion by Sansing to include the area from 8th street south to University and Myrtle, and MLK all the way down to include the area on 10th and 11th street. It was determined that the item wasn't posted on this agenda for expansion. Sansing withdrew his motion. Approved 7-0. Q Discussion, clarification and possible action regarding the Letter of Credit provision, and the Drainage Construction of the Our Lady of the Rosary Cemetery Ordinance 2004-19 -- Paul E. Brandenburg, City Manager Mayor Nelon recused himself from participation on this item and left the dais. Mayor Pro Tem Doug Smith conducted this item. Brandenburg explained that the owners are required to start the road improvements by September 1, but they have notified him today that they will do the Letter of Credit, but they are not planning to do any drainage construction during the consruction of the road. He said if Council felt that the drainage was included in the construction of the road, this item will be brought back to Council at a future agenda. Snell said there is a dollar amount attached to the project with the drainage included, and he said he feels the project should include drainage construction, and they should provide a letter of credit that includes the drainage. Sansing said he doesn't think its fair to make them do the drainage construction. Snell pointed out that the ordinance requires compliance with Section 3.08.060 of the Unified Development Code. Brandenburg said he anticipates that when the applicants come forward with their Letter of Credit, it won't be sufficient to do the drainage, so they will not be issued a permit to begin construction by September 1. Motion by Snell, second by Eason that if a sufficient Letter of Credit, as determined by the City staff, is not received by September 1, the City will consider the applicants as being out of compliance with the ordinance and cannot sell plots. Motion by Sansing, second by Smith to amend the motion to extend the start date to December 1. Brandenburg noted that there needs to be an additional amendment to extend the date for the project to be complete, so Sansing agreed to adjust his amendment and Smith agreed that the completion date would be changed to March 31, 2005. City Council Meeting Minutes/August 24, 2004 Page 5 of 10 Pages Vote on the amendment: Approved 5-1-0 (Snell opposed, Kirby absent from the dais) Carls confirmed with Council that they are not interested in staff bringing back an amended ordinance, just the extension of the dates. Vote on the motion as amended: Approved 6-0. (Kirby abstained due to being absent from the dais during the discussion of this item) Mayor Nelon returned to the dais and resumed conducting the meeting. R Consideration and possible action to approve a one time $50,000 grant to the Georgetown Community Clinic with funds to come from Council contingency and legal contingency -- Councilmember Doug Smith This item was handled earlier, following Item GG. S Consideration and possible action to approve the placement of the adoption of the proposed tax rate on a future agenda and set a public hearing on the proposed tax increase -- Micki Rundell, Director of Finance and Administration This item was handled earlier, at the beginning of the meeting. T Consideration and possible action on a Resolution Calling a Bond Election on Tuesday, November 2, 2004 -- Micki Rundell, Director of Finance and Administration and Tom Yantis, City Manager Rundell told Council the ballot will contain propositions regarding the issuance of general obligation bonds in the amount of $9,800,000 for a new City Library, $10,000,000 for the expansion and renovation of the existing City Recreation Center, and $1,600,000 for the expansion and renovation of the Community Center in San Gabriel Park. She read the caption of the resolution. Carls asked that the motion include the amended Exhibit B that was distributed on the dais containing changes in the locations of the early voting places. Motion by Sansing, second by Eason to approve the resolution with the change in Exhibit B. Approved 7-0. U Consideration and possible action on a Resolution Calling a Special Election on Tuesday, November 2, 2004, for the purpose of seeking voter response to the proposition of "The adoption of the Police Officers' Civil Service Law" -- Sandra D. Lee, City Secretary and Patricia E. Carls, City Attorney Carls explained the item, noting that a petition of sufficient signatures had been received to require placing the proposition on the ballot. She noted that the change to Exhibit B is the same as on the previous item. Motion by Sansing, second by Eason to approve the resolution, including the change in Exhbiit B. Approved 7-0. V Consideration and possible action to authorize an interlocal agreement with the City of Round Rock concerning the relocation of its 30" raw water line currently located along the north side of SH 29 West -- Jim Briggs, Assistant City Manager for Utility Operations, and Trish Carls, City Attorney Briggs explained this agreement is associated with the widening project on SH29 to convert from a four -lane rural section to a four -lane urban section. He said Round Rock operates two raw water pipelines in that particular section and because of being in state right of way, they were asked to move the lines. He said Georgetown is authorized to acquire the right of way, and pay 50% of the final cost of acquiring the right of way on the north side of SH29, except where Round Rock will pay 100% for the parcels where the pipeline removal is causing damage to existing buildings. He said the line will be relocated to CR265 which will be dedicated to Georgetown for the pipeline and roadway. Motion by Carr, second by Kirby to approve the interlocal agreement. Approved 7-0. W Consideration and possible action regarding the recommendation by the Main Street Advisory Board to update the definition of "Downtown" in Exhibit A, Chapter 2.69 of Main Street Advisory Board, Ordinance 99-30, from "Town Square historical district" to "Downtown Overlay District" -- Bryant Boyd, Chairman of Main Street Advisory Board Boyd explained the Main Street Board would like to change the definition in Exhibit A to include the "Downtown Overlay District". Motion by Snell, second by Sansing to approve. Approved 7-0. Yantis noted that the revised ordinance will be brought to Council. X Consideration and possible action on a 2004/05 Budget recommendation from Main Street Advisory Board for the allocation of additional funds for Wayfinding Signage -- Bryant Boyd, Chairman of Main Street Advisory Board City Council Meeting Minutes/August 24, 2004 Page 6 of 10 Pages Boyd said it was discovered that funding for one of their main projects for this year was not included in the Budget. He asked that this project not be put off until a future budget year, and asked Council to approve the allocation of additional funds. Brandenburg suggested this would be a good use of $40,000 of the Convention and Visitors Bureau hotel/motel funds. Motion by Smith, second by Kirby to use $40,000 of the hotel/motel funds. Carr asked if Council Contingency could be used and Rundell responded that the Contingency Fund has already been used. Vote on the Motion: Approved 7-0. Y Discussion and possible action regarding the authorization to fund, in an amount not to exceed $8,000, a National Humane Society Inspection and Evaluation of the new Animal Shelter Facility following construction -- Ken Finn, Animal Services Manager and David Morgan, Police Chief Finn introduced Dr. Susan Hopper to present this item to the Council. Hopper distributed information about inspections. She said the inspection would give the Board an idea of what needs to be done. Speaker, Jane Huntoon, said it would give the Board a third party to work with and provide solutions to possible problems, saying many animal shelters have benefited from their expertise. Speaker, Leann Phenix, said this would provide an independent resource to review the new shelter. Snell confirmed that this review would be of the management as well as of the facility. He asked when the inspection would take place. Hopper responded that this would be done once the new shelter is occupied, possibly spring of next year. Smith asked why, after the new building is built, and Yantis responded that the plans have been submitted and approved by the State, and this evaluation and inspection will really be of management rather than of the facility. When asked by Carr, Brandenburg noted that this is a good idea and he thinks the time is right. Carr said he thinks it would be more appropriate to fund in a future budget. Nelon asked and Rundell responded there is no money left in Council Contingency but there is a projection of $10,000 or $15,000 left in the Legal Contingency Fund. She recommended next year the Council Contingency could be lowered from $60,000 to $52,000 and the $8,000 could be put in the Animal Services Budget. Motion by Snell, second by Sansing to authorize $8,000 from the Legal Contingency Fund, if that amount is available at the end of the fiscal year, and if not, bring back this item for consideration at the first meeting in October, 2004. Motion by Kirby, second by Carr to amend that if the money is not available, this item will be brought back to Council in October 2005. Vote on the amendment: 3-4. (Eason, Snell, Oliver, and Sansing opposed) The amendment failed. Vote on the original motion: Approved 4-3. (Carr, Kirby, and Smith opposed) Z Consideration and possible action to review and accept an Agreement between the Electronic Tracking Systems (ETS) and the City of Georgetown Police Department for delivery of a tracking system that will assist with financial institution robbery prevention -- David Morgan, Police Chief Officer Schacherl explained the tracking system, saying it uses a triangulation device, and it is currently being used in Austin and Round Rock. He said there would be monthly recurring costs for phone lines of $214. Motion by Smith, second by Carr to approve. Approved 7-0. AA Items forwarded from the Georgetown Utility System (GUS) Hoard 1. Consideration and possible action to approve a contract amendment between the City of Georgetown and Roming, Parker & Kasberg for professional services related to the design of the Phase II EARZ remediation in the amount of $104,000.00 -- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utilities Dishong explained the service to be provided by the contract. It was noted that it was recommended by the GUS Advisory Board. Motion by Sansing, second by Eason to approve. Approved 7-0, 2 Consideration of an award of the annual bid for Automatic Meter Reading equipment to various bidders in the estimated amoount of $132,271.48 -- Mike Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utilities Mayben explained the item, saying bids were received from nine different vendors. He said this item was approved by the GUS Board at their August Meeting. Motion by Kirby, second by Carr to approve. Approved 7-0. BB Consideration and possible action of a resolution establishing an Annual Review and Amendment City Council Meeting Minutes/August 24, 2004 Page 7 of 10 Pages Process for the Unifiea .jevelopment Code -- Councilmember Farley Sricil Snell said he wants to set up a calendar for the Annual Review with a workshop in October, a Public Hearing in March, and Council's consideration in April. Hearing was Speaker, Johnny Anderson, Chair of the Planning and Zoning Commission, said he is in support of the Annual Review process, saying there are areas that should be investigated further, such as affordable housing. There was discussion about the need for staff to be able to bring items forward, if necessary, without having to wait for the annual review. Motion by Sansing, second by Oliver to approve this item with development staff being able to bring items forward on an emergency basis, if needed. Sondgeroth answered questions from Council. There was further discussion. Approved 7-0. CC Consideration and possible action on a Final Plat of a Resubdivision of Shell Addition, E'/2 of Block 16, being .66 acres, located on the corners of Pine, 5th and 6th Streets, at 502 Pine Street — Melissa McCallum, Development Planner and Amelia Sondgeroth, Director of Planning & Zoning McCollum explained the item and noted that staff and the Planning and Zoning Commission are supportive. Sansing asked why the City is requiring parkland fees on a portion of an acre. Snell said he agrees with Sansing. Motion by Carr, second by Oliver to approve the Final Plat. Motion by Sansing to amend that the parkland fees be waived on this resubdivision. Approved 6-1. (Kirby opposed) Vote on the motion as amended: Approved 6-1. (Kirby opposed) 1. Second Reading of an Ordinance of the City Council of the City of Georgetown, Texas nominating TASUS Corporation, Inc. to the Texas Economic Development Bank as an Enterprise Project pursuant to Chapter 2303, Subchapter F of the Texas Local Government Code; and making the required findings supporting the nomination — Mark Thomas, Economic Development Director and Tom Yantis, Assistant City Manager Thomas explained the item and read only the caption of the ordinance on second reading. He noted that changes were made to the ordinance on first reading to add language to limit the liability to the City. He said that language was reviewed by the State and was rejected, saying it was unnecessary, because the City is not liable. He said Carls has revised the language and that language was tentatively approved. Carls noted that the change occurred in Section 5. Motion by Carr, second by Sansing to approve Ordinance 2004-48. Approved 6-1. (Kirby opposed) 2. Second Reading of an Ordinance Amending Section 15.04.045 of the Code of Ordinance to revise the Development Process Fees for Planning and Zoning -- Bobby Ray, Chief Development Planner and Amelia Sondgeroth, Director of Planning and Development Ray explained the item and read only the caption of the ordinance on second reading. Motion by Snell, second by Carr to approve Ordinance 200449. Approved 5-1-1. (Sansing opposed, Kirby absent from the dais) EE Public Hearings and First Readings 1. First Reading of an ordinance amending Chapter 6.25 to the Georgetown Municipal Code of Ordinances to add non -motorized horse drawn carriages -- David Morgan, Police Chief Officer Schacherl read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. He explained that a local businessman asked for a new ordinance to prevent him from needing a Special Event Permit each time he operated a horse-drawn carriage. He said there are state laws concerning the regulation of this business. Motion by Sansing, second by Kirby to approve the ordinance on first reading. Approved 7-0. 2. Public Hearing for a Rezoning of Dalrymple Addition, Block A, Lots 5 & 6 and Part of Lots 1 & 2, from RS, Residential Single-family to MF, Multi -family Residential located at 1301 Hart Street and 1218 Timber Street — Bobby Ray, Chief Development Planner, and Amelia Sondgeroth, Director of Planning & Zoning Ray explained the item and noted staff and the Planning and Zoning Commission recommend approval. The Public Hearing was opened at 9:23 p.m. were not comments. The Public There City Council Meeting Minutes/August 24, 2004 Page 8 of 10 Pages Hearing was closea ut 9:24 p.m. 3. First Reading of an Ordinance Rezoning Dalrymple Addition, Block A, Lots 5 & 6 and Part of Lots 1 & 2, from RS, Residential Single-family to MF, Multi -family Residential located at 1301 Hart Street and 1218 Timber Street — Bobby Ray, Chief Development Planner, and Amelia Sondgeroth, Director of Planning & Zoning Ray read the caption of the ordinance after having satisifed the requirements of the City Charter. Motion by Kirby, second by Sansing to approve on first reading. Approved 7-0. 4. Public Hearing on an ordinance providing for the annexation into the City of 16.2540 acres, more or less, out of the Leroy B. Lord Survey, more particularly described as Georgetown Village Section 5 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Polasek explained the item, saying this is a City -initiated annexation to finalize the development. The Public Hearing was opened at 9:25 p.m. There were no comments. The Pubic Hearing was closed at 9:25 p.m. 5. Public Hearing on an ordinance providing for the annexation into the City of 158.19 acres, more or less, in the William Addison survey, located southwest of the Inner Loop and Maple Street Intersection -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Polasek noted that the impact analysis shows a positive impact for annexation. The Public Hearing was opened at 9:26 p.m. There were no comments. The Public Hearing was closed at 9:26 p.m. Kirby asked to have a sales tax impact analysis done on this annexation. 6. Public Hearing on an ordinance providing for the annexation into the City of 117.804 acres, more or less, in the Burrell Eaves Survey, north of Sun City Neighborhood 13, for Sun City Neighborhood 27 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Polasek explained the item. The Public Hearing was opened at 9:28 p.m. There were no comments. The Public Hearing was closed at 9:28 p.m. 7. Public Hearing on an ordinance providing for the annexation into the City of 23.7452 acres, more or less, in the Frederick Foy Survey, north of Sun City Boulevard, for Sun City Neighborhood 19 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Polasek explained the item. The Public Hearing was opened at 9:28 p.m. There were no comments. The Public Hearing was closed at 9:28 p.m. 8. Public Hearing on an ordinance providing for the annexation into the City of 39.473 acres, more or less, in the Frederick Foy Survey, west of Sun City Neighborhood 17-A, for Sun City Neighborhood 20 -- Ed Polasek, Chief Long Range Planner and Amelia Sondgeroth, Director, Planning and Development Polasek explained the item. The Public Hearing was opened at 9:29 p.m. There were no comments. The Public Hearing was closed at 9:29 p.m. FF Consideration and possible action to authorize the Mayor to execute a contract for legal services with the firm of Brown and Carls -- Paul Brandenburg, City Manager Brandenburg noted that comparable information from other communities was supplied for Council's consideration. He noted that in-house legal services are typically more expensive. He showed results of surveys from staff who work closely with Brown and Carls, showing a positive review. Brandenburg recommended lowering the cap to $290,000. Motion by Snell, second by Kirby to approve a contract with the firm of Brown and Carls with the cap of $290,000. Sansing asked about putting these services out for bid, and Brandenburg said continuity is important since there are no issues of cost or performance. Vote on the Motion: Approved 7-0. GG Consideration and possible action to amend the proposed 2004-2005 Annual Operating Plan (budget) and proposed tax rate. Henry Carr - Council Member, District 4 This item was handled at the beginning of the meeting after Item S. City Council Meeting Minutes/August 24, 2004 Page 9 of 10 Pages The meeting was adjourned at 09:36 PM. City Council Meeting Minutes/August 24, 2004 Page 10 of 10 Pages Attest: Sandra Lee STATE OF TEXAS ) } COUNTY OF WILLIAMSON ) I, Meeting, gate Agenda Item No. reside at'�9 am a member cif the � � i -rt. C t£ e ✓ C (City Council or name 'of City board, committee or commission), and hereby maie this affidavit and on my oath state the following: "I, and/or a person or business entity whose interest is imputed to me under Chapter 171 of the Local Government Code and/or Chapter 2.20 of the City of Georgetown Code of Ordinances, have a "substantial interest" in a business entity or in real property (as defined by Chapter 171 of the Texas Local Government Code and Sec. 2.20.020.M of the City of Georgetown Code of Ordinances) and/or an "economic interest" (as defined in Sec. 2.20.020.E of the City of Georgetown Code of Ordinances) in the matter that is identified and described on the above -referenced agenda item. "I have a conflict of interest in the above -referenced agenda matter for the following reason(s): (check all that are applicable). rete or` ies,t % a f % #t'-, G r o 7. � r =11 A. "Substantial Interest" I or a person related to me in the first or second degree have an ownership of 10% or more of the voting stock or shares of the business entity, or have an ownership of 10% or more of the fair market value of the business entity. I or a person related to me in the first or second degree have an ownership of $15,000 or more of the fair market value of the business entity. or more. above7feferenced I or a person related to me in the first or second degree received funds from the business entity in excess of 10% of my/his/her gross income for the previous year. I or a person related to me in the first or second degree have an equitable or legal ownership or interest in real property with a fair market value of $2,500 or more. above7feferenced agenda item whatsoever. B. "Economic Interest" I or a person or entity whose interest is imputed to me under Chapter 2.20 of the City of Georgetown Code of Ordinances have a legal or equitable interest in real or personal property or a fiduciary obligation to such property or contractual right in such property that is more than minimal or insignificant and would be recognized by reasonable persons to have height in deciding a case or an issue. "Upon filing of this affidavit with the recording secretary and/or the City Secretary, I affirm that I will abstain from all participation, discussion and voting involving the matter identified in the above7feferenced agenda item whatsoever. Further, Affiant sayeth not." Affiant's Printed 1` Date: BEFORE ME, the undersigned authority, on this day personally appeared the above-named person who on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN Tthis ` d y of ee rarer+r°J ��«-fL+9 , 200f. ;ovaSANDRA C). LNowy pLar, State of TexasEE *S Expires S my comitsw ,;N; of ,�" JANUARY 3, 2006'N'ota'ry' Public in and for the to#e of Texas °rarsrz`rtle` ` ... County of Williamson THIS AFFIDAVIT SHALL BE KEPT WITH THE OFFICIAL MINUTES OF THIS MEETING, IF AFFIANT HAS CHECKED ANY OF THE ITEMS UNDER SECTION "A" RELATING TO "SUBSTANTIAL INTEREST," A COPY OF THIS AFFIDAVIT MUST ALSO BE SENT TO THE CITY SECRETARY FOR THE CITY OF GEORGETOWN. Conflict of Interest Affidavit uP., '7i7i)nna