HomeMy WebLinkAboutAgenda CC 01.10.2012 WorkshopNotice of Meeting of the
Governing Body of the
City of Georgetown, Texas
JANUARY 10, 2012
The Georgetown City Council will meet on JANUARY 10, 2012 at 4:00 P.M. at Council Chambers at 101
East 7th Street, Georgetown, Texas 78626
If you need accommodations for a disability, please notify the city in advance.
Policy Development/Review Workshop -
A Discussion, direction and possible action on a 2012 Charter Election and Charter Amendments --
Paul E. Brandenburg, City Manager and Bridget Chapman, Acting City Attorney
Executive Session
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.
B Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending litigation that has been filed against the City or contemplated
litigation and other matters on which the attorney has a duty to advise the City Council, including but
not limited to this week's agenda item
- Grape Creek
C Sec. 551.072: Deliberation about Real Property
- Discussion and deliberation concerning proposed real estate purchase of a 17 acre tract along the
South San Gabriel River on Hwy 29 for parkland
D Sec. 551.074: Personnel Matters
- City Manager Annual Performance Evaluation
Adjournment
Certificate of Posting
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the _____ day of _________________, 2012, at __________, and remained so posted for at least
72 continuous hours preceding the scheduled time of said meeting.
__________________________________
Jessica Brettle, City Secretary
City of Georgetown, Texas
January 10, 2012
SUBJECT:
Discussion, direction and possible action on a 2012 Charter Election and Charter Amendments -- Paul E.
Brandenburg, City Manager and Bridget Chapman, Acting City Attorney
ITEM SUMMARY:
The last Charter Election for the City of Georgetown was held in May 2003. That process was started in
2001. A Charter Election can be held no more than every two (2) years. Since a Charter Election can only be
held every two (2) years, any changes to the Charter should be more global and not just (1) item for voter
consideration. In 2001, the City Council appointed a Charter Review Committee that worked with the
Council and city staff to review the City’s Charter and make recommendations for the amendments to the
Charter.
Section 9.004 Local Government Code delineates the procedures for an election to amend the City Charter.
The City needs to do the following:
Adopt an ordinance ordering the election.
The Charter election must occur on or after the 30th day after the date the ordinance is adopted.
Notice of the Election must be published on the same day in each of two successive weeks, with the
first publication occurring before the 14th day before the date of the election.
Council needs to decide what items they want on the Charter Amendment Election. A list of proposed
items that was compiled by City Staff and Councilmembers is outlined in Attachment A.
Does Council want to appoint a Charter Review Committee to review the Charter and the items
described in Attachment A.
Section 9.005 Local Government Code indicates that the charter amendment is adopted if approved by the
voters and it does not take effect until the governing body enters an order in the records of the city declaring
that the “amendment is adopted”.
Per Chapter 9 of the Local Government Code, the City needs to adopt the Ordinance ordering an Election to
amend the City Charter at least 30 days prior to the election and the election date must allow sufficient time
to comply with other requirements of the law. Other laws, i.e. Section 3.005 Election Code indicate that the
general election should be ordered at least 78 days prior to the election held on the date of the general
election for state and county officials. Also, the Justice Department needs at least 60 days to review it per 28
CFR Part 51. Under our Charter, an ordinance takes two readings.
In order to meet the November 2012 Election timeframe, the Legal Department has developed a Timeline
outlined in Attachment B.
The City Council took the following action on January 25, 2011:
I Discussion, direction and possible action on a 2011 Charter Election and Charter Amendments -- Paul
E. Brandenburg, City Manager
Motion by Sansing, second by Meigs to appoint a committee to study the Charter, look at all the issues and
make suggestions to Council for future charter changes and an election. Vote on the motion: Approved 5-2
(Berryman, Sattler opposed)
Thereafter, the City Council met on April 12, 2011and took the following action:
O Discussion and possible action to develop the structure of and authorization for the appointment of
a Charter Review Committee per Council action on January 25, 2011-- Paul E. Brandenburg, City Manager
Cover Memo
Item # A
Motionby Berryman, second by Sattler to postpone this item until the end of September 2011. Vote on the
motion: Approved 4-3 (Sansing, Meigs, Eason opposed)
The most recent discussion and action taken by the City Council was on September 27, 2011 as
follows:
K Discussion and possible action to develop the structure of and authorization for the appointment of
a Charter Review Committee per Council Action on April 12, 2011--Paul E. Brandenburg, City Manager
Brandenburg said this item is coming back to Council and he reviewed past discussions that were had
regarding the Charter. He described what had been done in the past with Charter Committees. He said the
last time a Charter Election was done was in 2003 and, according to law, a city can only have a charter
election every two years. Sattler said he looks at this as two separate pieces. He said one is to develop the
structure and the second is to authorize the appointment of a Charter Review committee. He noted the
Council needs to determine what the committee will review prior to appointing the committee. Meigs asked
and Brandenburg said there have been some Charter issues that staff has talked about and brought up since
2003. He said staff developed a small list of items they would like to see changed. He said a past Council
member had also compiled a list of things he would like to see reviewed. He spoke about what was done in
the past regarding the committee and what they found. He said, back in 2003, the committee found over 30
items to review but noted not all of those items went to the ballot. He said, ultimately, anything that will go
to the voters must be approved by the Council. Mayor asked and Brandenburg said there is nothing in the
Charter that slows us down or gets in the way from allowing the city to do business. Eason said, since the last
time there was review was 2003, it is our due diligence for us to at least review it. She noted this would be a
good opportunity for us to study the City Charter as well. She said eight years since the last time the Charter
has been reviewed is too long. She said it is high time the City does this. She spoke about how having
objective eyes on the charter is an important thing. Berryman said if we go with the process Ms. Eason is
proposing, we will end up with the same problem as last time. She said it is wiser for us as a Council to have
the recommendations come from staff. She said she thinks the guidance needs to come from staff and the
Council. She spoke of the danger of throwing the Charter out in the public for recommendations for changes.
She said that would make it more cumbersome. Eason said that was not at all her intention. She said she
stated specifically that just because there is a charter review, that there does not need to be an election to
change the charter. She noted she is intending that we follow the process as we have done in the past.
Hellmann said he likes the idea of the staff bringing a list of what they would like us to consider. Meigs said
any business plan or financial plan should be reviewed regularly. Sattler agreed and said we need to take a
cursory look at this issue. He noted he likes what Brandenburg suggested regarding first looking at staff's
recommended changes before moving to a committee format. Jonrowe said it is a good idea for it to be
reviewed on a regular basis. She said she likes Hellmann's idea of having staff coming forward first with
their recommendations. Gonzalez said he has no challenges with reviewing the charter as long as the goal
from staff is to find things that would help make the City better and more efficient. Mayor suggested that not
only should staff bring back suggested items for review but that the Council should also read the Charter and
come back with their own list. Hellmann asked and Brandenburg said he would like a little longer than 30
days to gather input from staff. Gonzalez said any ideas from the previous Council should be shelved and
let us start anew during this process. Jonrowe asked why those ideas should be shelved and said those could
be valid ideas.
Motionby Meigs, second by Berryman that staff bring forward at a future date Charter recommendations at a
Workshop and that time Brandenburg give the Council a 30 day heads up so Council can prepare their own
recommendations to the meeting. Approved 7-0
ATTACHMENTS
1. Proposed Charter Amendments submitted to date for discussion.
2. Charter Election Timeline
FINANCIAL IMPACT:
SUBMITTED BY:
Paul E. Brandenburg, City Manager
Cover Memo
Item # A
ATTACHMENTS:
Attachments A-B Proposed Amendments and Timeline
Cover Memo
Item # A
ATTACHMENT A
PROPOSED CHARTER AMENDMENTS
2.01 Number, Selection, and Term of Office
Term limits for Councilmembers. No more than two (2) consecutive three (3) year terms.
First Paragraph. Replace “two (2)” with “three (3)” for consistency with three (3) year terms.
Second Paragraph. Delete. Incorrect and inconsistent with staggered term provision.
Fifth Paragraph. The chart is redundant and may be removed.
2.02 Qualifications
Review residency requirements for Council Elections.
Consider clarification of residency provision for district boundaries change.
2.06 Mayor and Mayor Pro Tem
The term of the Mayor Pro Tem is not stated. “At its first meeting following each regular election of
Councilmembers, the Council shall, by election, designate one of its number as Mayor Pro Tem, who shall serve
in such capacity during ???? the pleasure of the Council.”
2.07 City Secretary
The City Secretary shall be appointed by the City Manager and report to the City Manager.
Otherwise suggest that the provisions concerning City Secretary be consistent with the other Council appointed
positions: City Manager, City Attorney, Municipal Court Judge. Provisions include: appointment, general
qualifications, general duties, residency requirements, term of service, compensation, assistants, termination.
2.09 Rules of Procedure
Delete. “Legislation may not be enacted unless it is adopted by a vote of not less than a majority of the members
of the Council.”
Proposal: Unless otherwise required by this Charter or state law, action by the Council shall be taken by a vote
of a majority of the members of Council present and qualified to vote on the matter presented.
2.10 Procedure to Enact Legislation
Require only one (1) reading of the caption of an Ordinance for adoption, not two (2), unless required by state
law. No advance newspaper publication of the Ordinance caption, unless required by state law.
Proposal: A unanimous vote on first reading would preclude the need for a second reading. Or,
notwithstanding the unanimous vote, if there is the desire of any councilmember, mayor, staff, or
member of the public for there to be a second reading, it could be part of the motion on the first
reading. This would allow some items to get that extra time, if there are reasons to do so. The
premise for making this recommendation is that an estimated 90% of the cases that Planning brings
forward to Council would not need a second reading under this proposal, thus finalizing decisions
for people two (2) and sometimes three (3) weeks prior than the current Charter requirement allows.
Attachment number 1 \nPage 1 of 4
Item # A
Nearly all of the planning cases/items require 2 public hearings anyway, and they also have an
additional meeting with P&Z prior to Council.
Elimination of caption reading requirement. Language to allow Council to request the reading of the caption, but
not making it mandatory.
2.14 Boards, Commissions, and Committees
All appointed Boards, Commissions, and Committees shall be comprised fully by Citizens of Georgetown unless
required differently by state law. (What does “Citizens of Georgetown” mean?)
Clarify voting requirement. Majority of the Council or vote of a majority of the members of Council present and
qualified to vote.
2.15 Remuneration to Mayor and Council
In all cases where action alters existing salaries for Mayor and Councilmembers, the changes in salaries will
begin immediately following the expiration of their current term.
Suggest that Council should be allowed to reduce salaries at any time.
3.01 General Election
Change annual City Council Elections to take place in November of each year instead of May pursuant to Senate
Bill 100, Eighty-Second Regular Legislature and Georgetown City Council Resolution No. 110811-AA.
3.05 Notification and qualification of city officers.
The first sentence of this section does not make sense and should be clarified.
The Charter currently reads “It shall be the duty of the City Secretary to notify all persons elected or appointed to
office of their election or appointment and all the newly elected or appointed officers may enter upon their
duties.”
5.01/5.02 City Manager/Powers and duties of the City Manager
Suggest that the provisions concerning City Manager be consistent with the other Council appointed positions:
City Manager, City Attorney, and Municipal Court Judge. Provisions include: appointment, general
qualifications, general duties, residency requirements, term of service, compensation, assistants, termination.
5.06 City Attorney
The City Attorney shall be appointed by the City Manager and report to the City Manager.
Otherwise suggest that the provisions concerning City Attorney be consistent with the other Council appointed
positions: City Manager, City Attorney, and Municipal Court Judge. Provisions include: appointment, general
qualifications, general duties, residency requirements, term of service, compensation, assistants, termination.
5.08 Judges of the Municipal Court
Attachment number 1 \nPage 2 of 4
Item # A
Delete the current 2nd paragraph that starts "In the event the Judge of the Municipal Court is temporarily unable
to act . . . ."
And replace it with language similar to Round Rock's:
"The City Council shall be authorized to appoint such other additional, associate municipal judges as allowed
by law."
This is the language proposed by Randy Stump, our Municipal Court Judge. The proposed language reflects
how the court has actually been operating over the past few years.
Suggest that the provisions concerning Municipal Judge be consistent with the other Council appointed positions:
City Manager, City Attorney, Municipal Court Judge. Provisions include: appointment, general qualifications,
general duties, residency requirements, term of service, compensation, assistants, termination.
6.11 Purchase procedure
Currently language reads:
"All contracts for expenditures involving more than the amounts which require compliance with the State
competitive bidding/purchasing laws must be expressly approved in advance by the Council".
As of now, we do not have any proposed changes to the GUS governance structure. If we are considering
allowing GUS more authority over contracts, this may need rewording to allow them to delegate that authority to
GUS.
Article VIII - Franchise and Public Utility - same as above.
There may be several sections in here that we either do or do not want to change, based upon what we do with the
GUS board. Does Council want to retain the ultimate control over rates?
9.16 Ethics Review
Consolidate Ethics Ordinance Review and the study of Ethics Statutes into one work session.
Other Items
Possibility of establishing an ordinance banning lobbying by former Council members, and former city employees as
well. There is anti-lobbying legislation at the state and federal level, but there does not appear to be anything like this
in the City’s Charter. While councilmembers are banned from working for the city for a period of 2 years after
stepping down from the council, there is nothing that says they cannot go directly to work for a company, using their
knowledge and connections with the city to try and acquire lucrative contracts or other favors from the very same
entity they used to govern.
Attachment number 1 \nPage 3 of 4
Item # A
ATTACHMENT B
PROPOSED CHARTER ELECTION TIMELINE
First Reading of Ordinance to order an election to amend the City Charter:
Tuesday, July 24, 2012
Second Reading of Ordinance to order an election to amend the City Charter:
Tuesday, August 14, 2012
Submission to the Justice Department:
Wednesday, August 15, 2012
First Publication in the newspaper
Wednesday, October 17, 2012
Second Publication in the newspaper
Wednesday, October 24, 2012
Election:
Tuesday, November 6, 2012
Updating the submission to the Justice Department with Election results
Wednesday, November 14, 2012
Notification to the Secretary of State with Charter Amendments
Wednesday, November 14, 2012
Attachment number 1 \nPage 4 of 4
Item # A
City of Georgetown, Texas
January 10, 2012
SUBJECT:
Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending litigation that has been filed against the City or contemplated litigation
and other matters on which the attorney has a duty to advise the City Council, including but not limited to
this week's agenda item
- Grape Creek
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Cover Memo
Item # B
City of Georgetown, Texas
January 10, 2012
SUBJECT:
Sec. 551.072: Deliberation about Real Property
- Discussion and deliberation concerning proposed real estate purchase of a 17 acre tract along the South San
Gabriel River on Hwy 29 for parkland
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Cover Memo
Item # C
City of Georgetown, Texas
January 10, 2012
SUBJECT:
Sec. 551.074: Personnel Matters
- City Manager Annual Performance Evaluation
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Cover Memo
Item # D