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