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MIN 05.13.2003 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 Sansinig, Doug Smith, Jack All Council present Noble, John Kirby, Farley Snell, Ken Evans 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; Policy Development/Review Workshop Regular Session to convene and continue Executive Session, if necessary In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows A Sec.551.071 consultation with attorney -Pending Litigation - Thomas L. Suarez, Jr. vs. City of Georgetown, Texas, City of Georgetown Police Department, Georgetown Police Sgt. Kelly Devoll, Georgetown Police Officer Jack Lacey, Matt Painter, Brian Grubbs, Cause No. 03-113-C368 in the 368th Judicial District Court of Williamson County, Texas - Matthew Painter and Brian Grubbs, Plaintiffs v. David Morgan, Individually and in his Official Capacity as Chief of Police of the Georgetown Police Department; Robert Hernandez, Individually and in his Official Capacity as Captain of the Georgetown Police Department; Gary Todd Terbush, individually and in his Official Capacity as Lieutenant of the Georgetown Police Department, Georgetown Police Department, and the City of Georgetown, Defendants, Cause No. A03-CA-014JN, In the United States District Court for the Western District of Texas, Austin Division. - Potential Litigation/Settlement Offers - Don L. Dison Complaint to FAA - Legal Advice regarding agenda items B Sec.551.086 competitive matters - City Council will go into Executive Session under Chapter 559 of the Texas Government Code to discuss matters or take action on a "competitive matter" of the Energy Services Department as provided for under Section 551.086 - Consideration of competitive matters related to staff presentation of the City's electric capital improvements projects for fiscal year 2003/2004 and the 5 -year forecast schedule, — Michael W. Mayben, Energy Services Manager and Jim Briggs, Assistant City Manager for Utility Operations C Called to Order at 6:01 p.m. D Pledge of Allegiance The Mayor led the pledge. E Comments from the dais regarding the following items: City Council Meeting Minutes/May 13, 2003 Page 1 of 9 Pages - Welcome to Audience and Opening Comments -- Mayor Gary Nelon The Mayor welcomed the audience and gave a brief outline of meeting procedure and announced the following vacancies on boards and commissions:. - One vacancy on the Main Street Advisory Board - One vacancy on the Planning and Zoning Commission - One vacancy on the Board of Adjustment F Announcements and Comments from City Manager Brandenburg made the following announcements: The Texas Department of Transportation is holding a hearing this evening at 7:00 p.m. in the gymnasium of the Florence Middle School to present the preferred design of the proposed improvements to SH 195 in Williamson County. Comments will be accepted through May 23, The USDA will hold a forum on Friday, May 30, at 9:30 a.m. at La Quinta in Georgetown to provide information about agency programs and services for financial assistance. G Citizens Wishing to Address Council Keith Peshak, 800 Oak Crest Lane regarding "secret plans to close subdivisions and bulldoze churches." Peshak welcomed the two new councilmembers, noted his college degrees and teaching experiences, and told the Council that airports belong out in unpopulated areas so as not to endanger people. He received an extra three minutes from Doug Anderson. H Action from Executive Session There was no action from Executive Session. Statutory Consent Agenda i Consideration and possible action to approve the minutes of the Council Workshop on Monday, April 21, the Council Meeting on Tuesday, April 22, and the Special Meetings on Tuesday, May 6, and Thursday, May 8, 2003 -- Sandra D. Lee, City Secretary J Consideration and possible action to continue cellular telephone service from Nextel Wireless Services through the General Services Commission in the estimated annual amount of $30,000 -- Kevin Stofle, Assistant Police Chief and David Morgan, Police Chief Noble asked for clarification as to which city divisions this contract covered. Morgan and Brandenburg responded this particular item would be for police and fire. He said the requests from other divisions that are considering Nextel will be proposed in the budget. K Fire Services 1. Consideration and possible action to approve a resolution setting the terms of membership of the initial Commissioners of the Firefighters' Civil Service Commission -- Patricia E. Carls, City Attorney 2. Consideration and possible action authorizing the approval of payment to Scott and White Occupational and Environmental Medicine in the amount of $19,406.48 for firefighter physicals -- Anthony Lincoln, Fire Chief (pulled to Regular Agenda by Patty Eason) L Contracts and Agreements 1. Consideration for the renewal of the Fire Billing for Services contract with ICProcess.com -- Anthony Lincoln, Fire Chief Kirby asked about the procedure for the collection of fees. Lincoln responded that the insurance companies are billed, and if they don't pay, the people will never be billed. He said medical calls for people without insurance (1/3 of the population in Williamson County) are not billed. He said residential fires are not billed. He said 60% of the collections last year came from auto collisions for clean up and 10% for hazmat service. Kirby asked for a staff review of the procedures to make sure the collections are being equitably applied. Nelon agreed that it would be a good idea to look into the issue after a year of operation, but noted that this item would remain on this agenda for Council's action. Consideration and possible action to approve a Resolution to create a cooperative purchasing City Council Meeting Minutes/May 13, 2003 Page 2 of 9 Pages agreement with the City of Temple, Texas -- Anthony Lincoln, Fire Chief Evans questioned why Lincoln would be signing the agreement when the equipment being purchased is to be used for other departments in the City and asked about local bids for the same equipment. Lincoln noted that the cameras to be purchased on this agreement would be about $1500 more expensive if purchased through the City of Temple. He noted that the salesman for this purchase lives in Georgetown. Snell clarified that this agreement allows Georgetown to purchase through Temple but does not require Georgetown to purchase through Temple. Brandenburg explained the cooperative purchasing programs that are being initiated city-wide to save money for the City and other entities. Consideration and possible action regarding a Resolution of the City Council of the City of Georgetown authorizing the City to enter into an agreement with the Texas Department of Transportation ("TxDOT") for the construction, operation, and maintenance of safety lighting systems within the corporate limits of the City -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Keith Peshak, 800 Oak Crest Lane, displayed the airport layout plan, saying he objects to the word "construction" being in the item, which would mean that MALSR could be constructed at the airport. He said the lighting system in question is only available at extremely large airports. Doug Anderson, 112 Juniper Street, said he really didn't want to speak on Item L3 and asked if he could give the rest of his time to Peshak. Peshak continued his description of the safety lighting system and stated further why he thought it should not be allowed in Georgetown. Nelon asked and Mark Miller came forward and explained that this safety lighting system is for street lights on highways not runway lights at the airport. Consideration and possible action to approve a contract amendment to the existing Professional Services Agreement between the City of Georgetown and Roming, Parker & Kasberg, L.L.P., to provide professional services related to 2002-2003 Downtown Street rehabilitation project -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations M Consideration of approval of the purchase of thermal imaging cameras through a cooperative purchasing agreement with the City of Temple, Texas, in the amount of $32,500 -- Anthony Lincoln, Fire Chief Eason asked if the cameras would be shared or owned exclusively by Georgetown. Lincoln said Georgetown would purchase five cameras for City of Georgetown use. N Consideration and possible action for the award of bid for landscape maintenance of Georgetown Village to Bill's Greenhill in the amount of $63,232.00 -- Terry Jones, Manager of Support Services and Micki Rundell, Director of Finance and Administration (pulled by Patty Eason) Motion by Smith, second by Evans to approve the Consent Agenda with the exception of Items K-2 and N. Approved 7-0. Legislative Regular Agenda K Fire Services 2. Consideration and possible action authorizing the approval of payment to Scott and White Occupational and Environmental Medicine in the amount of $19,406.48 for firefighter physicals -- Anthony Lincoln, Fire Chief (pulled by Patty Eason) Eason questioned why hepatitis A, B, and C, and tetanus immunizations were not included in the list of items to be provided by Scott and White in the firefighter physicals. Lincoln explained that the hepatitis immunization program is already in place, but is not included in the physicals. Motion by Smith, second by Evans to approve the payment. Approved 7-0. City Council Meeting Minutes/May 13, 2003 Page 3 of 9 Pages N Consideration and possible action for the award of bid for landscape maintenance of Georgetown Village to Bill's Greenhill in the amount of $63,232.00 -- Terry Jones, Manager of Support Services and Micki Rundell, Director of Finance and Administration (pulled by Patty Eason) Eason asked for the reason for the variance in the bids regarding fungicides and inspection of the irrigation system. Jones said he checked with the bidder who said that was his best price. Eason asked that the numbers be shifted because she has a problem with the amount being spent for chemicals. Jones said the amounts were chosen by the PID Board. Snell asked for clarification as to the amount of chemical. Jones responded that the amount is for the number of treatments. Snell asked and Jones confirmed that a 20% advantage is being given for previous work with the City. Motion by Snell, second by Evans to approve the award of bid. Eason said she will vote against this item because Tru Green has an excellent rating on previous contracts with the City. Approved 5-2. (Eason and Sansing opposed) O Board and Commission Appointments 1. Consideration and possible action to appoint Bryant Boyd as Chair of the Main Street Advisory Board due to the election of Patty Eason as Councilmember -- Mayor Gary Nelon Motion by Smith, second by Noble to approve the appointment. Approved 7-0. 2. Consideration and possible action to elevate Will Moore from Alternate to Regular member to fill the unexpired term of John Kirby on the Planning and Zoning Commission -- Mayor Gary Nelon Motion by Kirby, second by Sansing to approve the appointment. Approved 7-0. 3. Consideration and possible action to elevate Don Mabry from alternate to regular member to fill the unexpired term of Michelle Gambino, and to appoint William Sattler to the unexpired term of Joshua Konkle on the Zoning Board of Adjustment -- Mayor Gary Nelon Motion by Noble, second by Evans to approve the appointments. Approved 7-0. P Consideration and possible action to approve a contract with Williamson County in the amount of $60,000.00 for rural fire protection services -- Anthony Lincoln, Fire Chief Lincoln explained the item and noted that most of the fire services providers in Williamson County have now gone to Emergency Service Districts to supplement the cost. Motion by Sansing, second by Kirby to approve the contract Appoved 7-0. Q Georgetown Municipal Airport 1. Consideration and possible action to approve the scope, qualifications of consultants, time line, funding and consultant selection process for an update to the Georgetown Municipal Airport Master Plan -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Yantis explained that this item is a follow-up to the direction from Council to prepare an update for the Master Plan. He asked for acceptance or suggestions from Council. Snell asked for clarification on the timeline and funding options. Yantis suggested that Council's decision on the funding options would dictate the timeline because if a grant were sought, the proposed timeline could not be met, and the consultant selection process would include TXDOT. Evans asked for clarification regarding the Requests for Qualifications, and Yantis confirmed that because this is a professional services request, the City is not required to accept the lowest bid. Doug Anderson, 112 Juniper Street, recommended that the City provide the funding rather than seeking a grant. He said he thinks all three plans need to be updated. He said he thinks the Century Plan should be updated first, then the Airport Master Plan. He also said he thinks citizens should have more input into hiring the consultant and updating the Plan. He said each district should have a forum to seek citizen input as to whether the airport should be expanded. He gave the remainder of his time to Peshak. Keith Peshak, 800 Oak Crest Lane, said the City is in "severe violation" of the Airport Plan. He agreed with Anderson that the citizens should decide what to do with the airport. Penny Burt, 3803 Roble Grande Circle, said she favors the city controlled, city -funded mechanism. She encouraged Council to adopt Funding Option land asked that two members of the Airport City Council Meeting Minutes/May 13, 2003 Page 4 of 9 Pages Advisory Board be representatives to the Selection Committee, one being a representative of the aviation community and one being a representative of the neighborhood community. Kathryn Heidemann, 407 Golden Oaks Drive, speaking one time on all three airport items, said she is in favor of expediting the Master Plan, approves of the City doing the funding, and is not in favor of reducing the rates for jet fuel and is not in favor of the shade hangars. Motion by Snell, second by Evans to approve the update of the Airport Master Plan with funding by Option 1 on the attachment to the cover sheet for this item, with a maximum of $30,000 without additional Council approval. Approved 7-0. 2. Consideration and possible action to amend the airport ground lease with Georgetown Aviation Facilities to provide a reduced jet fuel mark up rate -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Yantis explained that the owner of Gtwn Aviation Facilities, John Simmons, has requested to pay a lump sum fee of $14,800 to reduce the price of jet fuel charged to him by 15 cents per gallon. He said Simmons recalled that in 1989, three airport tenants were given the opportunity to pay $10,000 toward the creation of a jet fuel farm. He said Simmons is asking that he be allowed to buy down his jet fuel rate. John Simmons, owner of Georgetown Aviation Services, formerly Currey Aviation, said this was suggested by the folks who sell jet fuel to Georgetown. He said the was planning to provide his own jet fuel farm off site and just pay the 10 cent fuel flowage fee. He said he already has the lease setup for the fuel farm. He said since 9-1-1, aviation insurance has more than doubled, so in order to stay in business and remain competitive, he needs a break on the fuel rate. Penny Burt, 3803 Roble Grande Circle, said the request is for a direct subsidy, saying in the past, the previous tenants invested in airport infrastructure. She said she thnks the ony kind of discount to be given should be for a cash deposit, which would mean no collection would be required. She encouraged that the Grant Administrator at the Ft. Worth FAA Office look at the facts involved. Keith Peshak, 800 Oak Crest Lane, said the FAA has a requirement that the charges are distributed equitably whcih is not being done at Georgetown Airport.. Doug Anderson, 112 Juniper Street, asked if the citizens of Georgetown know what the Century Plan and Airport Master Plan are. Snell shared history involving the previous allowance of "no mark-up." He said that was a separate situation. He said he doesn't see any advantage to the City to allow Simmons to have a reduced rate. Smith said the proposal doesn't seem relevant. Evans noted that he would also vote against this. Motion by Kirby, second by Smith to deny the request. Approved 7-0. 3. Consideration and possible action to authorize the mayor to execute a long-term airport ground lease with Don L. Dison for approximately 2 acres for the purpose of constructing aircraft shade hangars -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Yantis explained that this is another follow-up item as Council had directed that this item be delayed 120 days. He said staff recommends the ground lease at 16.85 cents per square foot equal to the highest current lease rate. Penny Burt, 3803 Roble Grande Circle, said this lease has the potential to increase the number of based planes beyond the number currently allowed in the Master Plan. She said if Council approves, it should be approved subject to the update of the Master Plan in order to address several problems. She said she is concerned about stormwater runoff and environmental impact, not included in the existing Master Plan. She said the shade hangars will not be of the quality and appearance as other structures on the airport. She said she is concerned about security for the planes to be stored in the shade hangars. Keith Peshak, 800 Oak Crest Lane, said the shade hangars are not on the Airport Layout Plan. He said the City shouldn't allow Dison to make the lease money on the shade hangars. He told Council the City should make the $18 million dollars that Dison will receive. City Council Meeting Minutes/May 13, 2003 Page 5 of 9 Pages Doug Anderson, 112 Juniper Street, said there should be a moratorium on airport projects until the plans are revised and updated. He said Council doesn't have citizen input. Don Dison, 607 Esparada, said he owns an aviation business at the airport. He said he holds a commercial pilots license and instrument instructor license. Kirby said he has talked to almost every person in District 5, and said about 95% would support a strategy to *restrict growth of the 65 DNL noise contour beyond airport boundaries. He said if there were some way to substitute shade hangars for tie downs, he could support this lease, but without that, he cannot support it. Sansing said he had suggested that 120 days ago. (*as corrected by Kirby at the May 27, 2003 Council Meeting) Motion by Snell, second by Smith to approve the lease with the listed stipulations and with the additon that the total number be fixed at 28. 7:35 p.m. -- recessed to Executive Session 7:50 p.m. -- returned to Open Session Motion approved 4-3. (Eason, Noble and Kirby opposed) R Discussion and possible action regarding the Simon Property Group Development Agreement -- Tom Yantis, Assistant City Manager Yantis noted that this was the first time to be able to provide this presentation to the home viewing audience. He recalled that this item had been discussed at the workshop last night. He introduced Charlie Crossfield, Bill Hammer, and Miles Minton of Simon Properties Group. He noted that there would be a more "professional" presentation at the next Council Meeting on May 27. He told Council that Simon Property Group is Fortune Magazine's most admired real estate company. He said this is the first application of a Public Utility District (PUD) under the UDC, saying Simon Properties purposely delayed their development in order to come under the new Unified Development Code. Yantis displayed renderings of the shopping center, emphasizing the water, wind and shade plazas and a nature walk. He also noted that Simon is donating 17 acres of parkland along the banks of the San Gabriel River which will allow the City to extend the hike and bike trail. He noted that the Planning and Zoning Commission unanimously approved the PUD at their May 6 Meeting. He said the project has an estimated assessed valuation of $55 million. He spoke about Simon requesting financial assistance from the City, saying the funds used to provide the assistance will come from the sales tax revenue derived from the project. Charlie Crosfield, legal counsel for Simon Properties Group, told Council that their formal presentation at the next Council Meeting will take about an hour. He said they plan to open in November 2004. Mlles Minton, Simon Property Group, said their priority was to identify the culture of the community and keep their development in the same flavor. He said the unique characteristics of the topography are great challenges and have created the need for the financial assistance. Bill Hammer, Vice President of Development for Simon Properties Group, told Council they are endeavoring to bring forward something that will add quality to the community. Doug Smith said he likes the project and admires Simon but has reservations about taxpayer investments, saying the City is putting in 35% of the development cost. He said he is opposed to the project for four reasons: 1) He doesn't think retail is economic development; 2) He thinks government subsidies distort free markets; 3) He said the market should decide what is profitable. He said the project is not a wealth -creating manufacturing center, and he doesnt think the revenue will exceed the costs; 4) He doesnt' think it's necessary to subsidize retail development because Georgetown has a lot to offer retailers. Nelon said he agrees with a lot of what Smith said, but other cities who have dealt with Simon have expressed great results at improving their sales tax revenue. He said this is worthy of Council's deep thought over the next few weeks. Evans said he is encouraged about the layout and thinks the development would be wonderful for Georgetown, but he is worried about Simon not being able to find a 10% profit if the City doesn't come in with $29 million. He feels there are still minimal financial risks for the citizens. Sansing said he wants to make sure that the citizens are aware that the money to be used to pay for the improvements for the site will be money that comes from the project. Noble said he looks at this project as an investment. Kirby said he has experience at looking at the viability of businesses and is having a problem with the $15 million for on-site improvements. He said he wants to make sure the City is City Council Meeting Minutes/May 13, 2003 Page 6 of 9 Pages able to do the same type of thing with other developers. Charlie Crossfield related some previous experience with Simon Properties Group on projects in 1991. He said Bill Hammer of Simon made promises to him at that time that he has kept and he is trustworthy. Yantis asked Council to let him know what additional data they desire to receive. Kirby asked for a breakdown of the $15 million. Rundell said she would bring a model to Council at the next meeting. S Consideration and possible action regarding a procedure for applications for and guidelines for funding social services for 2003-2004 -- Councilmembers Farley Snell, Ken Evans, and Jack Noble Snell said the application process should stay in place and in addition, suggested some guidelines for funding that would be provided to applicants. Motion by Snell, second by Noble to approve the guidelines and use the same process as last year. Approved 6-1. (Sansing opposed) Brandenburg said the letters to previous applicants will go out tomorrow and there will be ample time for Council review prior to the budget process. T Item Forwarded from the Georgetown Utility System Board Annual Capital Improvements Program (CIP) review for fiscal year 2003/2004 -- Jim Briggs, Assistant City Manager for Utility Operations Nelon asked and Briggs responded that this presentation will be provided again in the budget process. Nelon asked and Briggs presented the highlights of the CIP. Briggs said the elements of the CIP for the Utility Systems concern growth, age, and regulation changes. Evans reminded Council that the GUS Board has approved this GIP. Briggs reviewed the major projects in the water and wastewater capital improvement program, the water reuse utility, transportation services, and stormwater drainage services. He said the funding sources will be recommended when this CIP is presented at budget time. U Second Readings 3. Second Reading of an ordinance to amend Chapter 6.16 and add new section 9.12.030 of the Code of Ordinances of the City of Georgetown pertaining to "Peddlers and Solicitors" to prohibit peddling and soliciting on private property, public streets, rights-of-way, or from medians in the street -- David Morgan, Police Chief Assistant Police Chief Kevin Stofle distributed to Council revised versions of the ordinance. He read only the caption on second reading. He explaiined the corrections to the ordinance after the first reading. Dale White, a visitor, said he thinks the way he reads the ordinance, Girl Scouts who want to set up a lemonade stand could get thrown in jail. He thinks Georgetown is not concerned about public safety but just wants to get the peddlers out of their sight. Eason said she doesn't see that the Girl Scouts would have a problem under this ordinance. Carls explained the purpose for the ordinance. Noble asked about the market on the square. Stofle responded that the vendors at the market are covered by the special event permit applied for and given to the organizers of the market. Snell said he would vote against this ordinance because he resents the use of the word "safety." He said he doesn't think that begging should be banned. Stofle said there truely is a safety issue and cited the instance of a man holding a baby and a bucket and standing on the center stripe with cars passing on either side. Sansing said he thinks this country allows rights to people that wish to ask for assistance so Georgetown should not take those rights away, and suggested that adoption of this ordinance be delayed to allow for further clarification. There was further discussion. Motion by Noble, second by Sansing to postpone the adoption of this ordinance. Approved 7-0. Second Reading of an Ordinance to increase the insufficient check fee from $15 to the maximum allowable by state law, currently $25 per occurrence -- Laurie Brewer, Controller and City Council Meeting Minutes/May 13, 2003 Page 7 of 9 Pages Micki Rundell, Director of Finance and Administration Rundell explained the purpose of the ordinance and read the caption on second reading. Motion by Snell, second by Sansing to approve Ordinance No. 2003-27. Approved 7-0. 2. Second Reading of an Ordinance amending electric rates and rate structure to reflect the cost of providing service -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance and Administration Rundell explained the ordinance and said they eliminated the additional 25 cents on residential customers who use credit cards and distributed a Utillity Customer Payment Analysis Summary showing the increase in use of credit cards. There was discussion. She read the caption only on second reading. Motion by Snell, second by Smith to approve Ordinance No. 2003-28. Approved 7-0. 3. Second Reading of an ordinance to amend Chapter 6.16 and add new section 9.12.030 of the Code of Ordinances of the City of Georgetown pertaining to "Peddlers and Solicitors" to prohibit peddling and soliciting on private property, public streets, rights-of-way, or from medians in the street -- David Morgan, Police Chief This item was moved to the beginning of the Second Readings. V Public Hearing and First Reading 1. A Public Hearing to consider levying the assessments for the cost of certain improvements in the Georgetown Village Public Improvement District #1 for 50.38 acres of land (Section 7 of the Georgetown Village Planned Unit Development Subdivision); fixing charges and liens against the property in the District and against the owners thereof; and providing for the collection of the assessment -- Patricia E. Carls, City Attorney Carls explained the item. The public hearing was opened at 9:55 p.m. There were no comments. The public hearng was closed at 9:55 p.m. 2. First Reading of an ordinance closing the Public Hearing and levying the assessments for the cost of certain improvements in the Georgetown Village Public Improvement District #1-- Patricia E. Carls, City Attorney Carls read only the caption of the ordinance after having satsifed the requirements of the City Charter. She explained the levy. Motion by Sansing, second by Noble to approve the ordinance on first reading. Approved 7-0. W First Readings 1. First Reading of an ordinance to amend Chapter 9.08 of the Georgetown Code of Ordinances relating to weapons, to BB guns, other guns, and archery; amending Chapter 12.20 of the Code of Ordinances relating to parks and recreational facilities, to delete the reference to bowhunting and bowfishing; and amending Chapter 12.24 of the Code of Ordinances relating to parades and processions to provide standards for obtaining special events permits for use of BB guns, other guns, and archery -- Kevin Stofle, Assistant Police Chief and David Morgan, Police Chief Stofle read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Sansing thanked Stofle and Randy Morrow because he said this issue goes further than just the b.b. guns in the park. Motion by Sansing, second by Snell to approve the ordinance on first reading. Approved 7-0. 2. Annexation Ordinances a. First Reading of an ordinance providing for the annexation into the City 103.50 acres, more or less, in the Clement Stubblefield Survey, located at the southwest corner of the intersection of IH 35 and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek noted that the public hearing process has been satisfied. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Kirby to approve the ordinance on first reading. City Council Meeting Minutes/May 13, 2003 Page 8 of 9 Pages b. First Reading of an ordinance providing for the annexation into the City 0.68 acres in the Clement Stubblefield Survey, located at the southwest corner of the intersection of IH 35 and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek noted that the public hearing process has been satisfied. He explained that this area is part of the Simon development. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Evans to approve the ordinance on first reading. Approved 7-0. C. First Reading of an ordinance providing for the annexation into the 16.00 acres in the William Addison Survey, located south of the intersection of County Road 188 and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek noted that the public hearing process has been satisfied. He said this is the Saint Helen's Catholic Church parcel. He read only the caption of the ordinance 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. d. First Reading of an ordinance providing for the annexation into the of City Block 1, Lot 22-A, San Gabriel Estates Subdivision, located north of the intersection of Booty's Crossing Road and Kathi Lane -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek said this parcel comes into the City at the request of the owner to allow for future development. Polasek noted that the public hearing process has been satisfied. He read only the caption of the ordinance after having satisfied the requirements of the City Charter. Sansing asked for an explanation of what the property can be used for. Polasek said the land use map shows residential, but at the time the property sells, it can be changed. Motion by Noble, second by Smith to approve the ordinance on first reading. Approved 7-0. X Discussion and possible action to limit the number of times a person may address the Council at any one meeting -- Councilmember Doug Smith Smith explained the purpose of the item and suggested that persons be limited to two opportunities to speak to the Council. Motion by Smith, second by Snell to limit the number of times the public may address the Council to two agenda items, including an item that person has put on the agenda. Brandenburg noted that he had distributed a copy to Council of the Council Meeting Brochure where Council's current policy for public address is explained. Carls noted that the three-minute rule was actually adopted as a part of an ordinance in 2000. Snell clarified that the brochure could be modified to limit each person to speaking twice, without changing the ordinance. There was further discussion. Appfovvad Denied* 3-4 (Eason, Evans, Noble and Sansing opposed) Motion failed. (*as corrected by Noble at the May 27, 2003 Council Meeting) The meeting was adjourned at 10:25 PM. Ap �oved May ary Nelon City Council Meeting Minutes/May 13, 2003 Page 9 of 9 Pages Attest: City Secretary Sandra Lee