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HomeMy WebLinkAboutMIN 11.10.2009 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. L.ouAtIcil - .i ' Bill Sattler, Gabe Sansing, Dale Ross, Ben Oliver, 1, Keith Brainard Patty Eason, Pat Berryman Staff Presents O Paul Brandenburg, City Manager; Jessica Hamilton, City Secretary; Rachel Saucier, Assistant City l jj Secretary; Mark Sokolow, City Attorney; Jim Briggs, Assistant City Manager for Utility Operations; Tom 11 Benz, Systems Engineering Director; Robert Fite, Fire Chief; Micki Rundell, Chief Financial Officer; Laurie Brewer, Assistant Director of Finance; Terry Jones, Support Service Manager; Kevin Russell, Director of Human Resources & Civil Service; Glenn Dishong, Water Services Manager; Mark Thomas, ii Economic Development Director; Ken Arnold, Energy Services Director; Edward Polasek, Principal Planner; Elizabeth Cook, Director of Community Development; Robbie Wyler, Historic District Planner; (i Mark Miller, Transportation Services Manager Regular Session - To begin no earlier than 06:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551) Comments from the Mayor - Welcome and Meeting Procedures - Chronic Obstructive Pulmonary Disease Awareness Month Proclamation Mayor presented a Proclamation in honor of Chronic Obstructive Pulmonary Disease (COPD) Awareness Month. He called Kitty Collins to the podium for the Proclamation. Collins explained the background of her organization and the disease. Mayor read the proclamation. City Manager Comments Brandenburg indicated the City is now accepting applications for boards and commissions, and applications may be found on the City's website, www.georgetown.org, or at City Hall. He continued that the deadline to apply is January 8, 2010. Mayor introduced and welcomed Boy Scout, Gage Stanfield, of Troop 405. City Council Meeting Minutes/November 10, 2009 Page 1 of 9 Pages Action from Executive Session Mayor noted there is no action coming out of Executive Session. Public Wishing to Address Council On a subiect that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. I3. - Connor Hanrahan regarding a discussion of Georgetown's long term energy plan for 2035, particularly as to the role of nuclear energy. Hanrahan introduced the students, activists, and members of Students for Environmental Activism and Knowledge (SEAK) attending the meeting to address the City's long term energy plan. He said he is a senior at Southwestern, and his group along with Georgetown citizens, have a vested interest in the future energy plan. He indicated SEAK is requesting an open discussion and working relationship between government and citizens to re-evaluation the City's energy plan, especially the 30% nuclear purchase plan and the choices for energy investment in these unstable markets. According to Hanrahan, new information about the South Texas Nuclear Reactor Project funded by CPS - San Antonio City Public Services is not positive. He mentioned the Citizen's Participation Advisory Group meeting on December 9th. Hanrahan introduced the other speakers in attendance to address Council regarding the energy plan. Hanrahan added that The City of Hondo recently passed a resolution in support of renewable energies and in opposition to the CPS nuclear power plants. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. C. Consideration and possible action to approve the minutes of the Council Workshop held on Tuesday, October 27th and the Council Meeting on Tuesday, October 27th, 2009 -- Jessica Hamilton, City Secretary D. Consideration and possible action to approve an Interlocal Agreement with Williamson County to reimburse the County for utility adjustment work as part of the project to reconstruct the intersection of Southeast Inner Loop and FM 1460 in the amount of $10,963.56 -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations E. Consideration and possible action to approve a Resolution authorizing the Mayor to sign all necessary documents for the submittal of the safe routes to school project grant application -- Thomas R. Benz, P.E., Systems Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations F. Consideration and possible action to approve declaration of used 1996 Sutphen 75' Aerial Ladder Truck(s) (Quint(s)) as surplus and authorization for staff to sale through an on-line broker or use as trade in on a new or pre -owned fire engine (pumper) -- Robert Fite, Fire Chief G. Discussion and possible action to appoint a representative from the City of Georgetown to the Central Texas Clean Air Coalition -- Mayor George Garver Ross asked about the financial impact fees and said the cover sheet indicated no fees. Mayor asked about any information regarding the newly convened body to achieve attainment and the problems that the state and local areas would have if attainment wasn't reached. Mayor asked if anyone had more information. Ross needed to know about any costs prior to voting. Mayor asked if Ross would be okay to approve an appointment and, if there is a financial impact, have that brought back to Council for approval. Ross agreed. Mayor asked Eason to assume responsibility about membership to clean air coalition, and indicated Eason would be the representative and any expenditure would be brought to Council for approval. Sansing clarified that Eason is the representative, and Mayor confirmed. City Council Meeting Minutes/November 10, 2009 Page 2 of 9 Pages H. Consideration and possible action to cancel the second Council Meeting in December, 2009, regularly scheduled for the fourth Tuesday of the month -- Mayor George Garver Motion by Ross, Second by Berryman to approve the Statutory Consent Agenda. Approved 6-0 (Brainard absent). Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: X. Second Reading of an Ordinance as it pertains to Section 10.16.030, and Section 10. 16.082 of the Code of Ordinances parking on all streets within the downtown overlay; making such other findings and provisions related to the subject; providing for penalties; and declaring an effective date -- Mark Miller, Transportation Services Manager and Jim Briggs Assistant City Manager for Utility Operations Briggs described the item, and read the caption of the Ordinance on second reading after having satisfied the requirements of the City Charter. He indicated the item was prepared by Mark Miller and Mark Sokolow. He continued by stating on the October 13th and October 27th meeting, speakers shared concerns regarding changesto the parking ordinance. Briggs stated the general consensus was limited parking hours and concerns about holiday shopping. Briggs recalled the merchant requests for lengthening parking times from 2 to 3 hours. He added Council's approval of the first reading with the direction to staff to modify the fines. Briggs stated the new fines would be as follows: first offense a warning, second offense up to $20, third offense up to $75. Briggs stated after this second reading and approval, the downtown signs will reflect the new parking time. He said November 25, 2009 will be the effective date for the new parking ordinance which is also 10 days after being passed by Council and published in newspaper. Berryman inquired about the fourth offense and her concern about the penalty of vehicular impoundment or a fine of $500. Sokolow commented that this fourth offense was in the original ordinance. Berryman wanted to strike the impoundment, and wanted to review the $75 fine. Sansing said he does not mind if they take the car for chronic offenders. Berryman said she will not accept taking a car. Mayor asked for a motion to approve as presented but with amendments. Berryman suggested the third offense to be a fine of "up to $50". Oliver asked how these fines compare to other fines that involve non-moving violations. Berryman said Austin does not have anything like this for parking violations. Briggs indicated that moving violations are higher fines than this, and the City is building a new lot for vehicle impoundment. Mayor commented that staff wrote this ordinance to reflect Council's direction from the last meeting. Ross added there is a minimum of $12 court costs on top of the Council assigned fines. Motion by Sansing, Second by Eason to make a friendly amendment to make the penalty of the third offense a fine of "up to $50". Approved 5-1 (Oliver opposed) (Brainard absent). Berryman offered an amendment for the fourth violation to strike the impoundment of vehicles. Brandenburg read background information from the previous Council meeting minutes and indicated the fourth offense was never discussed. Oliver asked about and requested penalties for the third & subsequent offenses. Sansing suggested giving chronic offenses a serious fine like $75 or $100. He offered making the fifth fine a wheel lock instead of impoundment in addition to monetary fines. Berryman asked Council if they are willing to impound vehicles. Eason stated she needs a plan for the fourth offense prior to voting. Berryman said the revised fourth offense and all subsequent fines will be set at "up to $100". Motion by Berryman, Second by Oliver to make a second friendly amendment to set the fourth and subsequent offenses at a fine of "up to $100". Oliver clarified that the fine not exceed $100. Ross asked about rights of collection for delinquent payment of tickets. Sokolow said generally it's like other fines where a warrant is issued to bring you to municipal court judge if you do not pay. Brandenburg said there has never been a car towed since the parking ordinances were passed, and he added the City does not have boots for vehicles. Brandenburg brought up the cost to City as well as the enforcement issues. Ross asked about the process to identify the number of violations the ticketed car has received. Mayor indicated the ticket device has the information. Sansing asked and Mayor responded that all former procedures will be followed for the collection process or warrant roundup. Approved 6-0 (Brainard absent). City Council Meeting Minutes/November 10, 2009 Page 3 of 9 Pages Motion by Sansing, second by Ross to adopt the final parking Ordinance with approved amendments. Approved 6-0 (Brainard absent) V. Public Hearing and possible action on a Special Use Permit for City of Georgetown, Block 40, Lot 2 (n/pt), to allow for a bar/private club establishment, located on the 2nd floor of 701 S. Dain Street, occupying Suites 200 and 210. Robbie Wyler, Historic District Planner and Elizabeth Cook, Director of Community Development Wyler described the item regarding The Landmark Tavern. He said staff supported the approval of this permit, and during the November 5th meeting, the Commission approved the permit by a vote of 4-0. Wyler noted the attendance of the building owner and the owner of the establishment. Public Hearing was opened at 6:47 p.m. Speaker, Ruth Lumpkin, said she is not opposed to alcohol sales, and she indicated her work with Georgetown businesses and organizations in Georgetown. She said she does not oppose bars, but disagrees with the profile of a stand alone bar because of its impression and it is not the right fit for the square. Lumpkin is opposed to bad behavior, and she recalled stories of dirty streets and inconveniences put on shoppers when The Loading Dock was in business. Lumpkin requested Council put strict conditions on the permit if they choose to approve it. She requested that the permit be voided if the business is sold or falls under new management. Speaker, Trevor Dunham, addressed Council as the Vice -Chair of the Main Street Advisory Board and in favor of the special use permit on behalf of the Board. He said the Board faces huge challenges for activities in downtown. He commented on the lack of entertainment on the square, and this permit creates an opportunity to enrich the quality of life for people in the area. Dunham agreed with Lumpkin's opposition to the dirty Loading Dock, but clarified that as an independent, concerned citizen and business owner, the right to sell a business should not be hampered by City Council. Dunham offered an example of the task force created to address Bed & Breakfasts (B&Bs). He said the task force established procedures so the B&Bs would not have to return to Council and the City for approval of every little change needed for business operations. Dunham indicated that Council should extend the same courtesy to this special use permit request and establishment. Public Hearing closed at 6:53 p.m. Berryman wanted to put Lumpkin's concerns to ease, and asked about what happens to the permit if a major change is made. She also asked about a required site plan evaluation. Wyler clarified the special use permit does not require a re-evaluation because the permit is attached to the use, and If the use changes to another bar or lounge, another site plan is not necessary. He continued that the business could be sold and, if it stayed within that type of facility, no new permit would be required. Eason asked Elizabeth Cook how to address these concerns within the special use permit since this is not a use by right and problems have occurred with other businesses. Cook explained how the special use permit is like zoning, and it is site specific and not owner specific. Cook stated special use permits may be recorded with the Court house so it's linked to the land. She added certain conditions may be placed on the permit such as hours of operation, noise levels, and the type of activities occurring in and out of building. Cook said the special use permit would allow a private club to be a bar without reapplying for another permit, and this is in conjunction with the City's Unified Development Code (UDC) code. Sattler requested conditions be added to create a fund to clean the streets if a mess was made, and Cook replied that conditions such as that are not normal conditions utilized by the City. Brandenburg identified certain restrictions already on the books such as code enforcement addressing cleanliness. He noted that the City does not want to harm or point fingers, and owners will police and take care of their land because they want a nice business. Oliver asked and Cook replied a possible condition could be added stating if the location is vacant for more than 30 days, the permit will be terminated. She said the current permit is void after 12 months of non-use. Oliver noted this term limit could give Council control over the future, and asked what would happen if a restaurant wants to take over the bar spot. He said this could give Chris Damon an opportunity to find a new tenant. Eason asked if there is an alcohol license available. Chris Damon approached the podium and said TABC should approve the permit in the next 5-7 days. He said the process began about 5 weeks ago for a 6 week process. Damon told Council his family has invested $2 million in improving the Square. He was offended at Council implying he would be a negligent steward of his downtown location. According to Damon, this is his family's savings, investment in his children's college, and legacy. He added his contract with tenants prohibit them from being a nuisance. Damon continued by saying this is a business with a significant investment with investors behind him, and Joe (the establishment owner) has investors behind him, and they want returns on their investment. Damon said If Joe is never able to sell his investment, then it is worthless. Damon planned and hopes this tavern will add a dimension of culture. He noted as the landlord with his office on third floor, Damon asked for the benefit of the doubt that they will be good stewards of the neighborhood and building as they have been in the last eight years. Damon also wanted City Council Meeting Minutes/November 10, 2009 Page 4 of 9 Pages some credit for doing good things in this community and he felt misplaced animus in the Council's deliberations. Eason addressed Damon and the public by clarifying this is not a personal use issue and noted Council cannot assure the ownership of a property. She said this discussion is part of Council's due diligence to be concerned for all citizens and all properties. Eason said these comments are not attacks on any particular people. Council must take personalities out of this. She said she appreciates all that the Damons have done for the community, and this conversation is about some sort control over and helping the landowners keep their property the way the City likes it. Berryman noted that she could not think of a reason to deny the permit, and the Damon's property has been and will be maintained at a high standard, and this is a contract between landlord and tenants that supersedes what Council can do. Berryman stated there is a property rights issue at play that government should not be in the business of the landlord and City Staff has already worked with the landlords, She added Planning and Zoning have vetted this process, and staff has approved the permit. Sansing commented and added his support to Berryman's comments. He said this council oversteps bounds too often, and urged Council to remember what Berryman said because this is a property rights issue, so Council should not anchor property owners down. Ross echoed Sansing and Berryman's comments. He said he sees no reason to put extra conditions on this permit, and there is no need to micro -manage. Ross reiterated that Mr. Damon has $2 million already invested in the property, and there are other avenues for the City to address problems without harming businesses and property owners. Sattler asked and Cook responded that the club cannot open as a bar or private club if no TABC permit is issued, and their special use permit expires in 12 months. Motion by Sansing, second by Berryman to approve the Special Use Permit. Approved 64 (Brainard absent). U. Public Hearing for the voluntary annexation into the City for 18.81 acres, more or less, in the 1. J. Dyches Survey, Abstract 180, for the Pierce Tract, located at 1000 F.M. 1460, east of Madison Oaks Avenue and west of High Tech Drive -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Community Development Polasek described the item. He said this is the initial public hearing for the annexation application including the initial zoning for agriculture and to put the restrictions in place for future development. He said the second public hearing will be on November 24th, and December 8th will be the first reading of the Ordinance along with a rezoning and replat amendments on the Council agenda. Polasek said January 11th will be the second reading of the Ordinance. Public Hearing was opened at 7:12 p.m. Speaker, Tracey LaFey, addressed Council to share her concerns. According to LaFey, there are issues with the zoning and changing of the comprehensive plan that affect the Pleasant Valley Subdivision. She said several residents will attend the November 24th meeting to speak on their concerns. LaFey requested that Council please delay voting until the public is heard on November 24th regarding the annexation and zoning changes and comprehensive plan changes. Public Hearing was closed at 7:14 p.m. Consideration and possible action to approve a Resolution expressing official intent to reimburse net costs for the purchase of the 2009110 General Capital Projects, as well as Water Services, Storm water Drainage, and Electric Improvements, not to exceed $22,240,000 with proceeds from bonds that will be issued at a later time -- Laurie Brewer, Assistant Director of Finance and Micki Rundell, Chief Financial Officer Brewer introduced the item and read the caption . She said this bond reimbursement resolution addresses timing issues that arise with bonds. She added staff wants to start the process with the projects, begin the procurement process, and acquire the Right Of Way for these projects. Brewer stated the construction contracts will be developed as normal and, for any reimbursement resolution, bonds must be issued within same term of Council. She noted these bonds would probably be issued in April 2010. She added the approval of this reimbursement resolution is also an approval of the bonds to be issued. Mayor asked and Brewer answered there is a portion of these bonds that are general obligation bonds. She stated there is $2.5 million for Fire Station No. 5., $2.820 million includes two roadway projects that are certificates of obligation, and debt service is included in the budget. She noted the remaining projects are for utility and drainage and are paid for by utility and drainage fees. Mayor stated it is important that the impact on the tax rate is a budgeted item, and asked about the tax increase that would occur. Brewer answered there is a tax decrease in the current year's new property that addresses these projects, and the City bought down the tax rate for these projects. Sattler asked about a tax increase for next year on the debt side, and Brewer explained the tax rate will be addressed in next City Council Meeting Minutes/November 10, 2009 Page 5 of 9 Pages year's budget. She said there was the use of the one time money, so there may be future tax implications. Brewer added there Dishong, is nothing Services Manager that was not planned for in the budget process. Motion by Sansing, second by Oliver to approve the Resolution. Approved 6-0 (Brainard absent). J. Consideration and possible direction to staff regarding Public Safety geed Assessment and related impacts to the City's Facility Plan -- Micki Rundell, Chief Financial Officer s K. Consideration and possible action regarding an interlocal agreement and continuation of coverage administrative agreement with Texas Municipal League (TML), related to the administration of Health Benefits services -- Kevin Russell, Director of Human Resources and Civil Service Russell introduced the item. Motion by Oliver, second by Sansing to approve of the Interlocal Agreement, Approved 6-0 (Brainard absent). L. Consideration and possible action to approve a resolution placing names in nomination for the election of Directors for the Williamson County Appraisal District (WCAD) -- Paul E. Brandenburg, City Manager Brandenburg described the item, and he indicated Council has 110 votes to cast for the Williamson County Appraisal District Directors. According to Brandenburg, in the past, Georgetown has worked with Georgetown Independent School District (GISD) to parlay the votes. He said the goal is to elect someone to convey the best interest of Georgetown and GISD, and GISD will not be deciding on their votes until November 16. He said the deadline for casting votes is December 15th. There was much discussion regarding how to allocate the votes. Motion by Sansing, second by Berryman to approve the Resolution. Approved 6-0 (Brainard absent). M. Consideration and possible direction to staff regarding information presented in the November 10 workshop on water conservation, water rates and related financial policies -- Jim Briggs, Assistant City Manager for Utility Operations, Micki Rundell, Chief Financial Officer and Glenn services provided by those firms -- Mark Sokolow, Dishong, Water Services Manager Briggs described the item. He said the first item is an increase in the base charge for the 3/4 meter to $18.50 over the next 2 years with $1.00 change annually, until the City reaches $18.50 from the original $16.50 charge. Briggs indicated there is no revision to the volumetric charge, so it remains at $2.25. He stated the second action was to create a conservation block starting at 75,000 gallons for users above that level. He added the third item would create a super commercial user block to charge $3.00/1000 gallons for usage over 10 million gallons which serves as a demand rate. Mayor asked and Briggs responded that the super commercial user block rate is for single owners or users with multiple accounts, and this can be a single entity. Ross asked and Briggs answered that the City has about four super users such as GISD, the City, the County, and Southwestern. Briggs added the fourth item is the scaling the meter charges to meet AWWA approved scaling factors and phase the charges over next four years to meet those scaling factors. He said the fifth item is to change the ordinance to review water rates every three years, to reflect the CPI adjustments, and review the impact of those evaluations at the same time. He identified the next action as establishing a low income process similar to the waste water procedure for assistance to low income users with 5/8th inch meters. Finally, Briggs said we need to establish a rainy day fund to offset weather related impacts between wet and dry seasons and adjust the conservation first rate block from 19,000 to 18,000. Sansing asked and Briggs spoke about conservation and that we have a drought contingency plan. Briggs said the utility will bring adjustments to the conservation and drought plans, and this agenda item is just relative to revenue and rates. He added when this comes back to Council, conservation will be included. Sattler asked and Briggs answered about the non -potable rates discussed in the workshop. Briggs said 85 cents/thousand for non -potable rates will go to 95 cents/thousand first year and the second year rates will go up to $1.05. He noted beginning in January, a six month notice will be posted. Sattler asked and Briggs confirmed that item 2 on the item summary regarding the volumetric changes will remain $2.25 and the $16.50 rate will increase $1 per year until it reaches $18.50. Motion by Ross, second by Eason to direct staff to come back to Council with an official Ordinance on water rates. Approved 5-1 (Sansing Opposed) (Brainard absent). N. Discussion and possible action to extend the utilization of approved law firms for legal services provided prior to the appointment of Mark Sokolow, the City of Georgetown's new City Attorney to provide adequate time for review and recommendations regarding the services provided by those firms -- Mark Sokolow, City Attorney City Council Meeting Minutes/November 10, 2009 Page 6 of 9 Pages Sokolow described the item. He addressed Council regarding extending the authorization for the use of four attorneys, and he hopes to report back to Council on January 12th regarding his recommendations from the review. Sansing said it is a good idea to refer with the specialists. Oliver said these four attorneys were selected to serve the City prior to the City Attorney's hiring and asked Sokolow for the January report regarding the legal services. Brandenburg said other attorneys will give Sokolow more information and help him get an idea of what the work was, what's going on, and the game plan for the future. Motion by Berryman, second by Sansing to approve the extension. Approved 6-0 (Brainard absent). O. Consideration and possible action to approve a resolution extending the term of the General Government and Finance Subcommittee -- Mayor George Garver Mayor introduced the item. He said the current members of the General Government and Finance Subcommittee (GGAFF) are Brainard, Ross, and Eason and asked if the membership should change if the committee continues. Berryman said Council should wait on Brainard's attendance to make a decision. Mayor asked if the end of September 2010 will be time to re-evaluate renewal of the subcommittee. Oliver stated his conflicted feelings regarding the fine line between government and finance. He said the subcommittee comments on city governance should address financial issues and not policy issues. Sansing agreed with Oliver's comment and stated his opposition to the excess number of boards in Georgetown. He said he cannot support the renewal of GGAF; however, as it has existed, the participating members have financial prowess and he is thankful. Berryman confirmed her support and appreciation for the contributions of GGAF and is thankful for the cost savings GGAF has shown Council in regard to saving taxpayer dollars. Sokolow clarified the next GGAF renewal date will be September 30, 2010. Ross stated that the GGAF meetings are often hours long and the recommendations to Council are the highlights of the GGAF meetings. Eason pledged, as a GGAF member, to enhance transparency with Council and in the GGAF workshops. She said Council will benefit from the detailed evaluation that agenda items receive in the GGAF workshops. Motion by Berryman, second by Ross to approve the Resolution extending the term of the committee as it stands with the same members. Approved 5-1 (Sansing opposed) (Brainard absent). P. Forwarded from the Georgetown Economic Development Corporation (GEDCO): Consideration and possible action regarding a Performance Agreement between GEDCO and McIntosh Holdings LLC -- Mark Thomas, Economic Development Director This item was pulled by staff. Q. Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve the purchase of Bloxide from Siemens Water Technologies of Sarasota, Florida, in an amount not to exceed $70,000.00 for fiscal year 2009/2010 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong introduced the item. He said it was presented to the GUS Board on October 19th and received unanimous approval. Ross asked about the expense and Dishong replied that, out of the hazardous material or odor control methods, the method chosen by the City was lowest cost, and there is always an evaluation of the best methods. Ross asked and Dishong answered that this is the only company to see this Bioxide product. Motion by Oliver, second by Sansing to approve the contract. Approved 6-0 (Brainard absent). R. Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to renew the contract between the City of Georgetown and National Tree Expert Company, Inc. of Burnet, Texas, to provide electric system right-ofwway clearing services in an amount not to exceed $150,000.00 -- Ken Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Arnold introduced the item. He informed Council of the unanimous approval from the GUS Board and indicated that this time next year another bid will be available. Mayor asked and Arnold responded about the total monies spent on this project and noted the City does not have to spend it all. Arnold said the Company call be called on to clear land if needed. Motion by Sansing, second by Berryman to approve the contract. Approved 6-0 (Brainard absent). City Council Meeting Minutes/November 10, 2009 Page 7 of 9 Pages Consideration and possible action for approval of the contract with Lower Colorado River Authority (LCRA) for the purchase of electric distribution and transmission materials for FY 2009(2010 from vendor award contract for the LCRA Electric Material Acquisition Program in the estimated amount of $500,000.00 - Ken Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Arnold introduced the item. He informed Council of the unanimous approval from the GUS Board. Motion by Berryman, second by Oliver to approve the contract. Approved 6-0 (Brainard absent). T. Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible recommendation to approve Task Order No. AUE-10-001 with Alexander Utility Engineering, Inc. (AUE), of San Antonio, Texas, for professional services related to the Fiber Optic Network CIP Plan in an amount not to exceed $92,750.00 -- Ken Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Arnold introduced the item. He informed Council of the unanimous approval from the GUS Board. Sansing asked and Arnold responded that the City has had electric work done with McCord. Arnold added several engineering firms are being solicited and extensive reviews are conducted. He noted this was original RFQ. Motion by Sansing, second by Berryman to approve the Task Order. Approved 6-0 (Brainard absent). W. First Reading of an Ordinance to change the Cost of Living (COLA) adjustments and the Supplemental Retirement of the Texas Municipal Retirement System (TMRS) plan -- Kevin Russell, Director of Human Resources and Civil Service Russell introduced the item and read the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. He identified this Ordinance as the administrative action in response to Council's direction during the budget process. He said changes were made to the Texas Municipal Retirement System (TMRS) retirement plan and the Cost Of Living Adjustment (COLA) from 70% to 30%. He added that a supplemental death benefit to retirees was also added. He said the change to COLA is the largest modification. Russell noted that Council previously directed Human Resources to reduce the City's unfunded liability and, with these changes to the retirement plan, the City is reducing its unfunded liability down $4.5 million. Russell noted the City Attorney had approved the ordinance. Sansing asked how this affects City employees and Russell stated there is a minimal impact. Russell said the City is keeping the updated service credit at 100%, and the reduction in COLA affects retirees. He said the City has a small number, around 30, of retirees and only 10 who retired directly from the City. Russell informed Council that HR reviewed COLA through TMRS over the last 11 years, and average increase during the last 3 years was a 1.5% change. He added that, with the 70% rate, retirees received 70% of the 1.5% COLA, and during the past two years, the COLA adjustment was 0% with no projected increase this year. Russell clarified that employees must be retired for three years prior to earning COLA. According to Russell, a group is working on legislation for the next legislative session to change the retirement benefits process. He noted the current policies say if the City changes its benefits, it must retroactively bring all retirees up to 70%. He noted, hoever, the proposed legislative change enables retirement programs to move forward instead of addressing the benefits retroactively. Russell said the changes made now provide a total rate just over 12%, and the current budget can fund this, and with these changes, we can stick with the full retirement rate and contribute the full amount to the retirement system Motion for approval by Berryman, second by Ross to approve the Ordinance on first reading. Approved 4-2 (Eason, Sansing in opposition) (Brainard absent). Motion by Sansing, second by Berryman to adjourn at 8:04 p.m. The meeting was adjourned at 08:04 PM. Assistant City Council Meeting Minutes/November 10, 2009 Page 8 of 9 Pages Attest: � F City Secretary Rachel Saucier,