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HomeMy WebLinkAboutMIN 06.22.2004 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: Council Absent: Patty Eason, Gabe Sansing, Doug Smith, Henry ;i All present 11 Carr, John Kirby, Farley Snell, Ben Oliver Staff Present: Tom Yantis, Acting 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; Randy Morrow, Director of Community Services; Amelia Sondgeroth, Director of Planning and Development; Laurie Brewer, Controller; Glenn Dishong, Water Services Manager; Mark Miller, Transportation Services Manager; Mike Mayben, Energy Services Manager Policy Development/Review Workshop There was no Workshop at this meeting. Executive Session Called to order at 5:00 p.m. 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 - Negotiations with LCRA on Power Agreement - Legal Advice Regarding Agenda Items and other Matters - Legal Issues Regarding Proposed Sale of Del Webb/Pulte "Northern Lands" B Sec.551.072 Deliberation on ileal Property - Discussion regarding a recommendation from the Parks Board regarding acquisition of property on Country Club Rd. C Sec.551.074 personnel matters - Review of contract and evaluation of Municipal Judge Regular Session D Call to Order The meeting was called to order at 6:00 p.m. by Mayor Gary Nelon. .. - City Council Meeting Minutes/June 22, 2004 Page 1 of 8 Pages 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 agave a brief outline of meeting procedures. - Commendation to Joel Weaver and Jim Briggs for exemplary performance regarding the construction of the Georgetown Lake Water Treatment Plant Councilmember Sansing read a letter of commendation to CIP Coordinator, Joel Weaver, and Assistant City Manager for Utility Operations, Jim Briggs, from Mike Cunningham, President of Cunningham Constructors. G Announcements and Comments from City Manager Acting City Manager, Tom Yantis, had no announcements. Action from Executive Session Motion by Smith, second by Snell to increase the salary of the Municipal Judge to $47,000 annually beginning October 1, 2004. Approved 7-0. Motion by Smith, second by Carr to direct staff to contact property owners adjacent to the 3.11 acres on Country Club Road to determine their interest in purchasing the property. Approved 5-2. (Eason and Oliver opposed) H Public Wishing to Address Council - Keith Peshak regarding response of City law enforcement personnel to incidents at the Georgetown Municipal Airport. Peshak told Council he thinks it it takes too long for the police to respond to a call from the Airport, and said he thinks the City has more police cars than they use or account for. He asked to be recognized on the next agenda for the remainder of his story. I Consideration and possible action to approve the minutes of the Council Workshop on Monday, June 7, and the Regular City Council Meeting of Tuesday, June 8, 2004 -- Sandra Lee, City Secretary Smith noted the minutes of Monday, June 7, acknowledge Mayor Nelon's absence, but also state that he called the meeting to order, when it was Mayor Pro Tem Smith who called the meeting to order. J Consideration and possible action regarding a Resolution documenting the City's support and acceptance of a grant to fund an Air Traffic Control Tower -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Snell confirmed that the annual insurance and maintenance for the tower will be $25,000, and will be feasible in the airport budget. Speaker, Keith Peshak, told Council that the grant for the control tower requires the tower to be there for 20 years. He also said that the liability for a control tower is high. He recalled a plane accident that he said was caused by a temporary control tower at an AirShow. He gave reasons why he doesn't think a control tower will prevent plane crashes. K Consideration of and possible action to authorize the City Manager to execute a month-to-month Airport Lease Agreement with Georgetown Aviation Facilities for the final 300 feet of the taxiway adjacent to their leased premises -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Snell asked for the definition of "transient parking" as used in the lease. McLain said he would know which planes were transient. Speaker, Keith Peshak, said the lease rates at the airport are not the same for everyone. L Consideration and possible action on an award of the annual bid for flexible base and sandy loam to DSD Trucking in the estimated amount of of $71,204.00, and for manufactured sand and rock to Capitol City Council Meeting Minutes/June 22, 2004 Page 2 of 8 Pages Aggregates in the estimated amount of of $39,750.00 -- Terry Jones, Purchasing Director; Mark Miller, Transportation Services Manager; and Jim Briggs, Assistant City Manager for Utility Operations Smith noted this item was approved by the Georgetown Utility System (GUS) Board. M Consideration and possible action regarding a resolution approving a public hearing held with respect to the issuance and sale by Crawford Education Facilities Corporation of Higher Education Revenue Refunding Bonds, Series 2004A (Southwestern University Project) and Variable Rate Demand Higher Education Revenue Bonds, Series 2004B (Southwestern University Project) -- Micki Rundell, Director of Finance and Administration Snell asked and Rundell explained that federal law requires a local elected body to approve of the tax exempt He gave the location of the proposed road. financing mechanism. plat with Carls also said to Jay Wolf Road. this process is required by the Internal Revenue Code. N Consideration and possible action to approve a Resolution approving the Williamson County Appraisal District Resolution #2004-02 setting forth its desire to sell property situated in Georgetown, Williamson County, Texas -- Tom Yantis, Assistant City Manager O Consideration and possible action to approve a Resolution approving the Williamson County Appraisal District Resolution #2004-01 setting forth its desire to purchase property situated in Williamson County, Texas -- Tom Yantis, Assistant City Manager P Consideration and possible action regarding a resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for certain improvements to SH 29 West and CR 265 -- Trish Carls, City Attorney Smith asked if eminent domain will be necessary, or if this is just in case. Carls responded, just in case. Motion by Carr, second by Sansing to approve, with the correction to the minutes of Monday, June 7. Approved 7-0. •- Q Public Hearing regarding Wolf Ranch Public Improvement District No. 1, related to the advisability of the improvements, the nature of the improvements, the boundaries of the District, the method of assessment, and the apportionment of cost between the District and the City as a whole -- Trish Carls, City Attorney Rundell explained the item and told Council this finance vehicle will act as a "back stop" for the City debt that has been issued related to improvements at Wolf Ranch. It was explained that this item is being repeated due to having previously published an incorrect map of the District. The Public Hearing was opened at 6:26 p.m. There were no comments. The Public Hearing was closed at 6:26 p.m. R Consideration and possible action to approve a resolution making certain findings in connection with the Wolf Ranch Public Improvement District No. 1, related to the advisability of the improvements, the nature of the improvements, the boundaries of the District, the method of assessment and the apportionment of cost between the District and the City as a whole -- Trish Carls, City Attorney Rundell read the caption of the resolution. She noted that the map has been corrected to show only those properties owned by Simon Development. Carls made a correction to the method of assessment, saying the amount is to be the difference between the amount of sales tax generated within the project and the amount of debt service. Motion by Sansing, second by Carr to approve the resolution. Approved 7-0. S Consideration and possible action to direct staff regarding the renaming of Hacia Los Lobos Boulevard -- Clay Shell, Assistant Fire Chief and Anthony Lincoln, Fire Chief Lincoln noted that this would be a major collector street. He gave the location of the proposed road. Lincoln plat with recommended that the name be changed to Jay Wolf Road. Speaker, Iva Wolf McLachlin, said this has been an issue for quite a while. She said the previous name was difficult to pronounce, and she had agreed to allow the developer to file the plat with that name with the City Council Meeting Minutes/June 22, 2004 Page 3 of 8 Pages stipulation that it would be changed later. She said virtually all of the property of the road is property that was acquired by Jay Wolf. Motion by Smith, second by Kirby to direct staff to enter into negotiations with the property owners of the Wolf Property, with the stipulation that the name will be changed if the property owners agree to donate the right of way to the City. Approved 7-0. T Consideration of and possible action to decide upon the method to be used to select an Engineering Design Consultant for the design of the Air Traffic Control Tower at the Georgetown Municipal Airport -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager McLain explained the item and suggested several options regarding selection of the consultant. Motion by Snell, second by Carr to create a selection committee made up of two City staff named by the City Manager, one representative from the Airport Board named by the Board, one member of the Council named by the Mayor, and one representative from the Texas Department of Transportation. There were comments and questions from the Council. Approved 5-2. (Smith and Eason opposed) U Items forwarded from the Georgetown Utility System (GUS) Board 1. Consideration and possible action to award the bid for construction of the Smith Branch Wastewater Interceptor Phase III to McLean Construction, Ltd and set a project budget of $367,834.00-- Glenn Dishong, Water Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item. Motion by Sansing, second by Smith to approve the award of bid. Approved 7-0. 2. Consideration and possible action on an award of a contract for the 2004 Overlay Project to H. Deck Construction Company in the amount of $623,558.40 and a project budget of $685,915.00 -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller explained the item, saying the funding will come from the 114 cent sales tax, as administered by the Georgetown Transportation Enhancement Corporation. Motion by Smith, second by Oliver to approve the award of contract. Approved 7-0. V Second Readings 1. Second Reading of an ordinance repealing the existing Chapter 2.20 of the Code of Ordinances relating to "Ethics;" and adopting a new Chapter 2.20 to be entitled "Ethics" -- Paul Brandenburg, City Manager and Patricia E. Carls, City Attorney This item was delayed until after the other second readings. 2. Second Reading of an Ordinance amending the following Sections of the Unified Development Code (UDC): Table 2.01.020; 2.02.020(8); Table 3.01.020; 3.02.010(C)(15); 3.09.010; 3.11.010; 3.19; 4.05.040(8); 4.05.040(C); 4.06.020(E); 5.02.090; 5.05.030; 6.02.010; Table 6.02.020; 6.02.030(8); Table 6.03.020; Table 12.03.020; 16.04 and 16.05 -- Bobby Ray, Chief Current Planner and Amelia Songeroth, Director of Development Services Ray read only the caption of the ordinance on second reading. Motion by Kirby, second by Eason to approve Ordinance 2004-33, Speaker, Akram Amani, told Council she didn't know about the certificate of occupancy. She went over a conversation that she had with staff. She said law enforcement came to her place of business and told her she would have to close her shop until she could obtain the certificate of occupancy. She asked Council to "grandfather" her shop. Nelon asked Ray to explain. Ray said the property was rezoned to RM -3 two years ago. He said under the previous regulations, a mini detailed development plan was never submitted, so the certificate of occupancy was never issued. He said, therefore, the business is operating illegally. He said now that the Unified Development Code (UDC) has been adopted, personal services, such as a beauty shop, are being eliminated from the RM -3 zoning district. He said if she had a certificate of occupancy, she would be operating now as legal, non -conforming use, but she City Council Meeting Minutes/June 22, 2004 Page 4 of 8 Pages doesn't have a certificate of occupancy, so her shop is not legal. Yantis said the City submitted the letter to request that she submit under the UDC so that this situation would not occur. She submitted her application yesterday for a site plan under the UDC, so if she can comply with those requirements, she will then be a legal, non -conforming use. Ray and Sondgeroth said she has a July deadline to comply, which requires approval of her site plan and other improvements. There were further comments and questions from the Council. Vote on the motion: Approved 7-0, 3. Second Reading of an Ordinance amending the following Sections of the Unified Development Code (UDC) pertaining to Chapters 10 (Sign Standards) and 16 (Reference): 3.15.030(D); 10.01.050; 10.01.060; 10.01.070; 10.01.080; 10.03.020(0); 10.04(F); Table 10.06.010; 10.06.020(A); 10.06.020(D); 10.06.040; 10.04.060(A); 10.06.040(D); 10.06.040(E); 10.06.040(F); 10.06.040(1); 10.06.040(J); 10.06.050(F); 10.07.010(A); and 16.05 -- Bobby Ray, Chief Current Planner and Amelia Songeroth, Director of Development Services Ray read only the caption of the ordinance on second reading. Speaker, Larry Peel, said he is concerned about Section 10.07.010 regarding banners on buildings or roofs. He said he needs a banner up for a longer period of time than is allowed, and would like to request no time limitation. He said his development is not on a main street, no one knows his development is there or what the buildings are for without a banner. He distributed maps of the Waters Edge apartment project to the Council. Speaker, Gordon Baker, spoke to Council about Section 10.06.04, off -premise signage. He said this discussion has been going on for about 5 years, mainly regarding bandit signs, and asked how to allow developers to direct people to their developments. He said there needs to be a unified system for directing people. Carr asked about recommendations for banner signs such as the kinds of materials to use, etc. Baker said the materials will last 7 to 8 years, such as materials used on a billboard. Smith asked about the proposed location for the types of signs suggested by Baker. Baker noted that the state is now considering sign regulations, which will make it easier for the City to enact regulations that would be adhered to on state roadways. (Motion by Snell, second by Kirby to approve Ordinance 2004-34 on second reading. Motion by Sansing, second by Smith to amend the motion to extend the duration of banners to 180 days. Snell said he doesn't think the UDC should be amended constantly, and suggested this amendment stay in force until the next time the UDC is reviewed. Eason said she wished there were some other way to advertise other than banners laying on roof tops. Yantis noted that Waters Edge would be allowed two off -premise directional signs. Sondgeroth confirmed that for multi -family development, the off -premise signs could be in place forever. There was further discussion. Sondgeroth said the UDC sections for off -premise and banner signs need to be studied. She agreed that the constant amending of a development code hampers not only the staff, but the development community as well because the rules are unknown, and it is difficult to track. There were further comments. Motion by Sansing to amend his amendment, that if the 180 days passes and there is no action from staff, the duration of the banner signs returns to 30 days as in the orignal ordinance. The motion failed due to lack of a second. Sansing withdrew his original amendment. Motion by Carr to extend the duration of the banners to 180 days. The motion failed for lack of a second. Vote on the original motion: Ordinance 2004-34 approved 5-2, (Sansing and Carr opposed) 4. Second Reading of an ordinance for a Century Plan Amendment to adopt the Overall Transportation Plan as a new element of the Century Plan, Development Plan -- Ed Polasek, Chief Long Range Planner and Amelia Songeroth, Director of Development Services Polasek explained the changes being made to the Plan and read only the caption on second reading. Speaker, Bill Carson, a consultant representing the Hart family, owners of property near the proposed SH130, demonstrated with a map the location of the property and a proposed collector street. He distributed a handout showing the proposed roadways. He suggested that Collector W be used and Collector X be eliminated from the Plan. City Council Meeting Minutes/June 22, 2004 Page 5 of 8 Pages Polasek explained that Collector X is needed or Highway 971 would need to be widened by the State. Nelon noted that there were extensive public hearings regarding the Transportation Plan. There was discussion and questions from the Council. Motion by Sansing, second by Oliver to approve Ordinance 2004-35. Approved 7-0, 5. Second Reading of an ordinance providing for the Annexation into the City 57.141 acres, more or less, in the John Pulsifer Survey, located north of River Chase Subdivision, which is River Chase 11 -- Ed Polasek, Chief Long Range Planner and Amelia Songeroth, Director of Development Services Mayor Nelon recused himself and left the dais for this item. Mayor Pro Tem Doug Smith conducted the consideration on this second reading. Polasek explained the item and read only the caption of the ordinance on second reading. Motion by Eason, second by Carr to approve Ordinance 2004-36. Approved 7-0. 6. Second Reading of an Ordinance amending and repealing the provisions of Ordinance 2004-16 relating to Section 4.16.010 of the Code of Ordinances of the City of Georgetown, regarding the amount of Homestead Tax exemptions for persons age 65 and older and relating to Section 4.17.060 of the City Code of the City of Goergetown regarding the amount of Homestead Tax Exemptions for disabled persons; repealing in its entirety the provisions of Ordinance 2004-16 relating to Section 4.16.070 of the Code of Ordinances regarding the effect on the amounts of the Homestead Tax Exemptions of an election on or passage of a "tax freeze" -- Farley Snell, Councilmember District 6 Carls explained the item and read only the caption of the ordinance on second reading. Motion by Snell, second by Kirby to approve Ordiinance 2004-37. Approved 4-3. (Oliver, Smith, and Eason opposed) 7. Second Reading of an Ordinance repealing Ordinance 2004-25 in its entirety relating to Section 4.16.070 of the Code of Ordinances regarding the reinstatement of sunsetted Homestead Tax Exemption provisions if an election on a "tax freeze" fails -- Farley Snell, Councilmember District 6 Carls noted that this ordinance deletes one sentence in the sunset provision. She read only the caption on second reading. Motion by Sansing, second by Smith to approve Ordinance 2004-38. Approved 6-T. (Eason opposed) W First Readings 1. First Reading of an ordinance amending Section 6.16.070(A)(3) of the Code of Ordinances of the City of Georgetown pertaining to the denial of peddler and solicitor permits for applicants convicted of certain offenses -- Captain Robert Hernandez, Police Support Services and Trish Carls, City Attorney Carls explained that this ordinance updates the reference to the computer data base of crimes that the Police Department uses to screen applicants for peddler and solicitor permits. She read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Kirby, second by Sansing to approve the ordinance on first reading. Approved 7-0. 7:50 p.m. -- recessed 7:59 p.m. -- resumed Open Session V1. Second Reading of an ordinance repealing the existing Chapter 2.20 of the Code of Ordinances relating to "Ethics;" and adopting a new Chapter 2.20 to be entitled "Ethics" -- Paul Brandenburg, City Manager and Patricia E. Carls, City Attorney Carls read only the caption of the ordinance on second reading. Speaker, Jack Hunnicutt, said he hoped this document would not be used as a political tool, said he hopes the education process will be successful, and there would be no need for the Commission to meet. He said the appointment of the members to the Commission will be very important, and he emphasized that he City Council Meeting Minutes/June 22, 2004 Page 6 of 8 Pages believes that no member of the Committee be appointed to serve on the Ethics Commission, with each member larger cities where of are the Commission being therefore equal on the to the task. Speaker, Walt Herbert, said he wished to second the "hopeful" tone that Hunnicutt used. He said he hopes this code will be very benificial to economic development in Georgetown. Nelon said he is convinced that the ethics ordinance puts Georgetown on a higher plane than with just the state statute. He said the state statute remains and makes prosecution of ethics violations a criminal process. He said the Georgetown ordinance is an administrative process and not a criminal process. He said complaints can be filed now under the state statute, and this new city ordinance would not change that process. He said the start date in the ordinance is set for March. He said he thinks that should be amended so that the Commission can get started and be ready. He spoke about the "key" language that distinguishes members of specific groups. Carr said he has been skeptical because he didn't know the background. He said he is in favor of high ethical standards for officials at all levels. He asked if the charge to the Ethics Committee had been to write an ordinance. Hunnicutt said he didn't recall the language of the charge, but noted the Committee began immediately to create an ordinance. Carr asked why it was felt the ordinance should be re -written. He questioned the need to strengthen the state law. Snell said he feels this ordinance reaches beyond the narrow confines of the state law to reach economic interest that is not addressed in state law, saying economic interest has a debilitating effect on the public confidence in the action of the members of the Council appointed boards/commissions. Oliver responded with examples of issues that would not be addressed by the state law. He confirmed with Carls that only members of final authority boards and commissions would be covered by the state law. There were further comments and questions from the Council. Hunnicutt emphasized the ordinance governs "conflicting personal economic interest." He also pointed out that the City ordinance prescribes the procedure of what is to be done if a complaint is to be pursued. Carr asked and Hunnicutt confirmed that there are no penalties prescribed in the ordinance against persons who initiate frivolous complaints. Carls noted that every complaint would be considered at a "preliminary hearing" and go forward, if necessary. Motion by Snell, second by Eason to approve Ordinance 2004-39 on second reading. Carr asked about partisanship in regards to ethics. Hunnicutt said he thinks partisanship is more prevelant in larger cities where there are idealogical differences on the City Council and party politics come into play. Smith said he thinks the Georgetown City Council is very non-partisan. Kirby said he is in favor of high ethical standards and he feels this ordinance will accomplish that. He said this ordinance says you need to reveal any self-serving interest in an issue, and if you betray that trust, you are subject to a decision by a commission of your peers. He commended the Committee who prepared the ordinance. Sansing said he agreed with Smith that partisanship is not a part of this Council. He said he is for higher standards, but is not sure that an ordinance is needed to ensure that. He said he is concerned that the ordinance might cause qualified business people to not want to participate. Eason said she thinks this ordinance should be viewed as a helpful tool to deal with the politics of life in what is becoming a "big" city. Oliver recalled the Committee's difficulty in defining "economic interest" when the matter applies equally to them and to other members of a particular group. Hunnicutt explained that there was a lot of discussion, and the determination was made by the Committee to add the phrase, "member of a group," to allow persons with specific skills to serve on boards/commissions without need to recuse. Motion by Oliver, second by Sansing to amend the ordinance regarding terms of service in order to allow the appointed members to serve as soon as appointed instead of waiting until the City's annual board/commission term anniversaries in March. Smith questioned whether to split the group for terms of service at the beginning or allow all to serve the first two-year term, then stagger at the two-year anniversary. There was discussion. Oliver added to his motion that the group will draw straws at the first meeting to determine which four will serve a two-year term and which four will serve a one-year term. Approved 7-0. City Council Meeting Minutes/June 22, 2004 Page 7 of 8 Pages Carr said he still has doubts but thinks there has been a good debate. He said if this ordinance is abused, he wants to "lead the charge" to correct the abuse. Vote on original motion as amended: Approved 7-0. Nelon thanked the Ethics Committee for preparing the draft ordinance and asked Council for a timeframe for providing the names for nomination. Council determined they will make the nominations in 30 days, at the second Council meeting in July. W2. First Reading of an ordinance amending Section 2.36.020 of the Code of Ordinances, pertaining to the qualifications for board, commission, and committee members, to add provisions prohibiting service on more than one permanent board, committee or commission, and making city employees ineligible for service as board, committee or commission members -- Trish Carls, City Attorney Carls explained the item saying unless there is a problem filling the positions, one person may not serve on more than one Council -appointed board or commission. She said this wouldn't apply to ad hoc or advisory committees. She read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter, and noted that the ordinance also prohibits City of Georgetown employees from serving on Council -appointed boards and commissions. Yantis pointed out that Animal Services Director, Ken Finn, serves on the Animal Shelter Advisory Board as required by state law. Carls said she would add the wording that says "unless required by law." Motion by Sansing, second by Oliver to approve on first reading. Motion by Snell, second by Sansing to amend the ordiinance to add the language "unless the bylaws require representation from another board or commission." Approved 7-0. to the resignation Vote on the original motion, as amended: Approved 7-0. X Consideration and possible action to name Johnny Anderson as Chair of the Planning and Zoning Commission due to the resignation of Chris Aadnessen -- Mayor Gary Nelon Nelon recommended Johnny Anderson as the Chair. Motion by Sansing, second by Kirby to approve the appointment. Approved 7.0. The meeting was adjourned at 09:02 PM. City Council Meeting Minutes/June 22, 2004 Page 8 of 8 Pages Attest: 1/1 s ✓try e° l6 t City Secretary Sandra Lee STATE OF TEXAS ) } COUNTY OF WILLIAMSON ) Meeting e Agenda Item No. AFFIDAVIT I, as a member of the make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business as those terms are defined in Tex. Local Gov't Code, 171.002. The business entity is Name and Address V10. 06Y Il—of s.J {or name relative and relationship) have/has a substantial terest in this business entity for the following reasons: (check all which are applicable). Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more of the fair market value of the business entity. Ownership of $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of my/his/her income for the previous year. Real property is involved and I/he/she have/has an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. __LZ Other: Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Title: 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 ?'ey Pte;±. t7ANDfV9 D. LU MY comgwm EOM JANUARY 3, 2006 this Vh(t day of C.2 1200V Texas