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HomeMy WebLinkAboutMIN 01.13.2009 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent.a Patty Eason, Gabe Sansing, Keith Brainard, Dale Bill Sattler Ross, Ben Oliver, Pat Berryman Staff Present: Paul E. Brandenburg, City Manager; Patricia E. Carls, City Attorney; Jessica Hamilton, Assistant City Secretary; Micki Rundell, Director of Finance and Administration; Elizabeth Cook, Director of Planning and Development; Ed Polasek, AICP, Principal Planner; Mark Miller, Transportation Services Director; Clay Shell, Assistant Fire Chief; Tommy Garcia, Planner II; Keith Hutchinson, Public Information Officer; Leticia Zavala, Controller; Marsha Iwers, Purchasing Manager; Tom Benz, Systems Engineering Director; Kelly DeVoll, Sergeant; David Morgan, Police Chief; 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. Sec.551.071: Consultation with Attorney 1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including this week's agenda items 2. Mark Shelton v. City of Georgetown, at al; Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 3. Lear v. Jimmy Lewis Fennell and City of Georgetown, Cause No. A08-CA-719LY, in the United States District Court for the Western District of Texas Austin Division 4. First Citizens Bank & Trust Company v. City of Georgetown, Cause No. D -1 -GN -08-02325, 53rd Judicial District, Travis County, Texas 5. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the "Development Agreement with Forestville Associates, a Maryland General Partnership, regarding development of Wolf Ranch" dated September 11, 2003 6. Berry Creek Partners v. City of Georgetown , Cause No. 08-767-C277, in the District Court of Williamson County, 277th Judicial District Sec 551.072: Deliberation about Real Property 1. Consideration and possible action concerning the acquisition of a 1.372 -acre tract, a 1.396 -acre tract, a 0.251 -acre tract and a 0.448 -acre tract of land for a 30' permanent wastewater utility easement and a 50' temporary construction easement adjacent thereto, from Southwestern University in connection with the SG3-A Wastewater Line Project -- Jim Briggs, Assistant City Manager for Utility Operations, and Terri Glasby Calhoun, GUS Sec.551.074 Personnel Matters 1. Discussion and possible action related to the duties and performance criteria of the City Manager Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive City Council Meeting Minutes/January 13, 2009 Page 1 of 11 Pages to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations - Possible biotech project - old Fire Station Number 1 Regular Session ® To begin no earlier than 06:04 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.) I,=�11I��aL�'ii Comments from Mayor - Recognition of staff efforts in preparing City budget documents Mayor commended Micki Rundell and the finance and administration staff for the excellent work they continually do with the City's budget and the budget documents. City Manager Comments - The City of Georgetown is now accepting applications for vacant or expiring terms on its Boards & Commissions. Information and applications can be obtained on the City's Website at www.geoMetown.org or at City Hall which is located at 113 E. 8"' Street. The Deadline for filing applications has been extended to January 16, 2009. - City of Georgetown offices will be closed for the Martin Luther King Holiday on Monday, January 19, 2009. This includes the following offices: City Hall Georgetown Municipal Complex Library Municipal Court Parks and Recreation Administration Building Recreation Center Tennis Center Visitors Center -Texas Disposal Systems will have regular trash pickup on Martin Luther King Day. If you have any questions about trash pickup, please contact Texas Disposal Systems at 930-1715. -The City will hold elections for City Council seats for Districts 1, and 5 on May 9, 2009. The first day to file for candidacy is February 6, 2009, and the last day to file for candidacy is March 9, 2009. Action from Executive Session Motion by Berryman, second by Sansing that the City Council to approve the acquisition of a 1.372 -acre tract, a 1.396 -acre tract, a 0.251 -acre tract and a 0.448 -acre tract of land for a 30' permanent wastewater utility easement and a 50' temporary construction easement adjacent thereto, from Southwestern University in connection with the SG3-A Wastewater Line Project on the terms discussed in Executive Session last night. Approved 6-0 (Sattler absent) • • • • . • ;. 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 subiect 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. B - Sandra Taylor of Pedernales Electric Cooperative regarding update of PEC activities in Georgetown area Speaker, Wayne Tucker of PEC, presented a franchise check to the City Council. He spoke of the new district office being built by PEC. City Council Meeting Minutes/January 13, 2009 Page 2 of 11 Pages - Pam Navarette- Safety Precautions on Hwy 29 Speaker, Pam Navarette, spoke of the traffic accident which occurred on December 4, 2008 on Highway 29. She noted she thinks the speed limit is too high for that particular area and that it is also unsafe for school buses to pick up children in the area. She offered Council proposals on how to solve this issue. Sansing said Highway 29 is controlled by TXDOT and the City is unable to tell them what to do. He said he will get with Mark Miller to see if that is something they can do. Navarette said people in the area have written to TXDOT numerous times and no action has been taken. Brandenburg said the Council has had dialogue with the State in order to resolve the issues in the area. Miller said he met with TXDOT about Highway 29. He said there will be some additional safety improvements made in that area and he listed those possible improvements. He noted TXDOT has agreed to reevaluate the area for a possible signal. He said they have evaluated the speed limit, and it results in a 40 mph estimate. Berryman asked and Miller said the speed limit is determined by the numbers and there has been no resistance from TXDOT to lower the limit. Miller noted they have looked at Highway 29 and the City will continue to try to improve upon the situation. - Brian Schwab regarding parameters that establish development agreements Schwab spoke about the development agreement between the City of Georgetown and the Sun City Del Webb Agreement related to signs. He expressed his concerns with Pulte and its covenance banning Open House signs and how it violates the City's sign Ordinance. He noted his concerns about enforcing the sign ordinance. 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 Monday, December 8, the Council Meeting held on Tuesday, December 9, and the Special Council Meeting held on Wednesday, December 23, 2008 -- Jessica Hamilton, Assistant City Secretary D Consideration and possible action authorizing firefighter physicals to be completed by St. David's Occupational Health Services in the amount of $37,932.80 -- Clay Shell, Interim Fire Chief E Consideration and possible action to approve an agreement for Financial Advisory Services with Specialized Public Finance, Inc. -- Micki Rundell, Director Finance and Administration This item was pulled to the Regular Agenda. F Consideration and possible action to authorize the renewal of a lease by the Davidson Brothers of +21 acres of the future Mankins Crossing Wastewater Treatment Plant Site for agricultural purposes. -- Jim Briggs, Assistant City Manager for Utility Operations and Terri Glasby Calhoun, GUS Paralegal G Consideration and possible action to approve a resolution authorizing the Mayor to execute a Quit Claim Deed to vacate and abandon a 0.736 -acre Drainage Easement described in Document No. 2007095554 of the Official Records of Williamson County, Texas, and located near the intersection of Business 35 (South Austin Ave.) and the Georgetown Innerloop in the proposed Georgetown South Industrial Park. -- Thomas R. Benz, Systems Engineering Director, and Terri Glasby Calhoun, GUS Paralegal H Consideration and possible action on a Preliminary Plat for 4.9717 acres in the Flores Survey, to be known as M -S Subdivision, Phases 1 and 2, located at the southwest corner of CR 151 and Inner Loop -- Tommy Garcia, Planner 11 and Elizabeth Cook, Director, Planning and Development Consideration and possible action to approve a task order with Steger Bizzell Engineering for the design of the Police impound yard in an amount not to exceed $16,500.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance & Administration J Consideration and possible action to approve Master Services Agreement renewal with Steger & Bizzell Engineering, Inc., of Georgetown, Texas, for professional engineering services -- Thomas R. Benz, Systems Engineering Director, Jim Briggs, Assistant City Manager for Utility Operations K Consideration and possible action to approve Master Services Agreement renewal with Baker-Aicklen & Associates, Inc., of Georgetown, Texas, for professional engineering services -- Thomas R. Benz, Systems City Council Meeting Minutes/January 13, 2009 Page 3 of 11 Pages Engineering Director, Jim Briggs, Assistant City Manager for Utility Operations L Consideration and possible action to utilize seized funds for Department purchases in an amount not to exceed $30,000 -- Kelly DeVoll, Sergeant and David Morgan, Chief of Police M Consideration and possible action to approve the Police Department to purchase an Interactive Law Enforcement Use of Force Simulator from Ti Training Corporation of Golden Colorado in the amount of $49,256 -- Kelly DeVoll, Sergeant and David Morgan, Police Chief N Consideration and possible action to approve the purchase of handguns from G.T. Distributors of Austin, Texas through the State of Texas Cooperative Purchasing contract and the Texas Local Government Purchasing Cooperative in an estimated amount of $32,000.00 -- Kevin Stofle, Assistant Chief of Police and David Morgan, Chief of Police Motion by Oliver, second Berryman to improve the consent agenda with exception of Item E which was pulled to the Regular Agenda. Approved 6-0 (Sattler absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: E Consideration and possible action to approve an agreement for Financial Advisory Services with Specialized Public Finance, Inc. -- Micki Rundell, Director Finance and Administration Rundell said this is to enter into an agreement with a new firm for Financial Advisory Services. She noted part of the reason why the agreement is with SPFI is to award the contract to Gary Kimble who was previously with First Southwest. She said Kimble has been the City's Financial advisor for the past 15 years. She said the department reviewed four proposals and decided it was in the City's best interest to continue it's relationship with Kimble. She said Kimble represents the City to the Bond market and he makes sure the City has the best reputation possible, which has resulted in numerous bond ratings over the years. She said another issue is the availability of advisors for questions and Kimble is always available to assist the City in its needs. Mayor asked and Kimble described the process of how Specialized Public Finance was formed. He said the new company is an independent financial advisory firm. He said the company has had great success signing over 100 clients in the past 67 days. He continued to review the history of the firm and noted there is no opportunity for conflict of interest when the financial advisory function is completely seperated from the underwriting function. Brainard said he is concerned because this item was placed on the consent agenda and he also thinks the Council should have gotten more information about the contract. Rundell said she agrees this is an important process and it should not have been put on the Consent Agenda. She noted, because of the timing and her inability to set up a financial subcommittee to look over this, there wasn't as much participation at the Council level as she would have liked. She added timing is an issue because she would like to get the bonds issues by the May election. Ross asked and Rundell said the contract with First Southwest Securities expired when the RFQ was issued the first week of December. Brainard asked and Rundell said she issued the RFQ because she felt it important to receive the proposals in order to obtain the services for the City. Sansing said people like Kimble help guide Rundell and the City's Finance department and this continues to perpetuate the City's success. He noted the City would be remiss not to approve this agreement. Oliver agreed with Sansing and said he supports this agreement as long as the City has the ability to get out of the contract if necessary. Kimble said his firm makes no proposal other than to serve at the City's pleasure. He said SPFI is a very conservative outfit and he knows the City's balance sheet and its debt profile is as conservative as it comes. Eason said she is in support of this agreement and that it has been a very productive relationship so far. Berryman said she agreed with the concerns about the internal process on this issue. Brandenburg said that staff discussed this issue with him and there were many arguments and thoughts brought forward concerning this issue. Rundell mentioned the RFQ process and how it brings the best representation to the City. Brainard asked and Rundell reviewed the City's upcoming bond issues. She noted they are trying to keep them below $10 million. Motion by Sansing, second by Eason to approve the agreement. Ross said and Kimble agreed the contract is terminable with thirty days notice. Approved 6-0 (Sattler absent) O Georgetown Citizen Academy Graduation --Paul Brandenburg, City Manager and Mayor George Garver Mayor reviewed the item and spoke of the history of the Georgetown Citizen Academy. He noted the feedback from the students has been phenomenal. He congratulated the City Manager and thanked the participants. Brandenburg said there is now both a spring and fall semester of the program. Brandenburg called the name of City Council Meeting Minutes/January 13, 2009 Page 4 of 11 Pages the following Academy graduates: Joe Arizpe, Sun City Citizen's Council, Tim Cochran, Porter Cochran, Ellen Davis, Barbara Dorrah, Chris Foster, Fran Koch, Karl Koch, Michael Zernial, Peggy Leatherman, Chris Manlove, Barbara Nelson, Margaret Reed, NR "Pete" Smith, B. Gayle Twiname, and Sandy Van Goethem. Mayor presented a graduated certificate to each Academy student. P Discussion and possible action concerning an Interlocal Agreement with Williamson County for the Expansion of Williams Drive from DB Wood Drive to FM 3405 and for the maintenance of Williams Drive from the west ROW line of IH -35 Southbound Frontage Road to FM 3405 -- Micki Rundell, Director of Finance and Administration and Jim Briggs, Assistant City Manager for Utility Operations Mayor said the City and County have been working diligently to widen and improve Williams Drive. Rundell said Council has agreed to a 3 year repayment of the money the City will be borrowing for Georgetown's portion of the widening project. She said the total is about $5.1 million. She noted the agreement had previously been a 5 year repayment but, because of the savings, it was moved to a 4 year agreement. She said Williamson County has asked that the City shorten that agreement to a three year repayment schedule. Rundell provided Council with three options on how to follow through with the 3 year repayment process. She reviewed the differences in the three options and how each option will affect the tax rate. She noted, under all three options, the tax impact in year 6 would be $0.01024. She noted these are conservative projections. Brainard said and Rundell noted the County would prefer either options 2 or 3 which gets them their money a little faster. Motion by Sansing, second by Ross to move forward with Option 1, which follows the agreed upon repayment, but rolls year 4 into year 3, thus creating a $2.1 million balloon payment in year 3 as well as to make sure the language in the agreement reads as it is spelled out in Section 6.02 of the prepared document given to Council by the City Attorney. Sansing said, just because there is money saved, he does not feel the City should speed up the process. He noted he supports this because there are other projects in the area that could be done if the County received their money at a quicker rate. Berryman said she hopes this will not have a tax impact on the citizens, however, the projects this money will be going toward are projects that the taxpayers desperately want completed. She said this is why she is in support of this effort. Commissioner Covey mentioned several projects which need to be completed in the area. She said her goal is to accomplish the Williams Drive project and then get the other projects under way. She noted this project is due to be completed in 2010 and the payment is not due until November of 2011. Approved 6-0 (Sattler absent) Q Consideration and possible action to approve partial funding of a cooperative solar energy demonstration project installation with Georgetown Rail Equipment Company (GREX) within the Georgetown South Commercial Park in the amount of $60,000.00-- Ken Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Arnold reviewed the item and gave a brief history of the solar energy demonstration project. He said the funds are available for this project and noted Russ Peterman is present at the meeting if there are any questions. He said the City will own the operation once the panels are installed and the benefits for the Life Sciences Center will be that it will lower their utility bills. Motion by Sansing, second Oliver to approve the funding. Mayor asked and Peterman said this $60,000 will pay for the equipment and installation and the City will then have ownership of the solar generation capability which will be installed on the already existing parking structure. Mayer asked and Peterman confirmed the panels and associated equipment can be removed and taken to another location. Peterman described exactly how the solar panels work. He noted it is a demonstration of capability and it is not meant to power the building. Brainard asked and Arnold said there is an Ordinance in place that facilitates the ability to conduct this type of process. Arnold noted the City has only ventured into this type of project with residential structures and this will be the first pilot commercial customer. He said this will help the City evaluate the process and locate other future sites for this type of energy usage. Brainard encouraged these type of projects and said people who live and want to live in the area are looking for energy sources such as these. He added it speaks well of the City to be engaging in this type of project. Arnold said the staff is excited about this project. Sansing said he really hopes this takes off and Georgetown has the opportunity to be on the cutting edge of technology. Approved 6-0 (Sattler absent) R Consideration and possible action to authorizing payment of $129,789 for the City's pro -rata portion of the cost of operation of the Williamson Central Appraisal District -- Micki Rundell, Director of Finance & Administration Rundell reviewed the item and said the amount is based upon the amount of tax revenue the City collects as a percentage of the total. She noted the amount only went up 6-7% and staff had budgeted 15%. Motion by City Council Meeting Minutes/January 13, 2009 Page 5 of 11 Pages Oliver, second by Berryman to authorize the payment. Ross asked and Rundell said the unobligated funds will be available for reappropriation at the end of the year or at mid -year, if desired. Ross asked and Rundell said there is a mechanism in place which keeps track of these account by account throughout the course of the year. Approved 6-0 (Sattler absent) S Consideration and possible action to approve the purchase of cellular and data phone service from Nextel dba Sprint and AT&T through the Department of Information Resource (DIR) State of Texas purchasing contracts in the estimated annual amount of $114,360.00 -- Marsha Iwers, Purchasing Manager, Micki Rundell, Director of Finance and Administration Iwers reviewed the item and said this will be for use by City employees for a one year period. She noted the City has been using both Nextel and AT&T as the service providers for cellular and data service for the past 6 years. She added, purchasing the service through DIR State of Texas will increase cost savings. She said phone service and data Blackberry service allows City employees to be in contact while away from the office. Mayor asked and Iwers said the City is receiving improved services at the same cost as last year. Motion by Sansing, second by Berryman to approve the purchase. Ross said and Rundell agreed the City is saving over $30,000 on this item. Approved 6-0 (Sattler absent) T Consideration and possible action to renew the contract with Dataprose, Inc. as the City's vendor for utility bill printing and mailing services and approve funding at a cost of $171,000.00 for the year -- Kathy Ragsdale, Utility Office Director and Micki Rundell, Director of Finance & Administration Rundell said this is to approve year 2 of a 5 year bid with Dataprose for billing services. She said the City sends over 29,000 bills annually and each bill costs approximately $0.48. She noted this contract gives the City another $5,000 worth of savings in the budget. Rundell said Council should look for upcoming presentations on improving the City's AMR system, but this contract allows the City to continue with what they have been doing. Ross thanked Rundell for making efforts to save taxpayers' money. Brainard asked and Rundell said the goal is to convert to a virtual billing system. Ross asked and Rundell said staff is trying to move forward with this effort over the next eighteen months. Brandenburg said that the project will come with a price tag, but it is a capital investment. Motion by Ross, second by Berryman to renew the contract. Approved 6-0 (Sattler absent) U Consideration and possible action on a resolution approving a Memorandum of Agreement with the Texas Commission on Environmental Quality and other local governments renewing an original agreement to locally enforce motor vehicle limitation rules -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director, Planning and Development. Polasek referred to a 2006 Ordinance that was passed concerning idling rules. He said that Ordinance was included in a previous memorandum of agreement which expired in January of 2008. He noted staff is requesting that Council approve the renewal of the memorandum. Motion by Ross, second by Sansing to approve the resolution. Sansing said and Brandenburg added that there is a movement to stop idling at schools. Sansing said the City needs to encourage the least idling possible. Polasek said the City can only enforce what TCEQ allows the City to enforce. Approved 6-0 (Sattler absent) V Consideration and possible action to provide staff direction concerning an ETJ Agreement with the City of Jarrell -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director, Planning and Development. Polasek reviewed the item and said staff met with the City of Jarrell to determine the boundary between Georgetown and Jarrell. He showed Council a map of the proposed boundary and described the area. Polasek said a resolution would have to be approved releasing the area to Jarrell. Oliver said he is hesitant to move on this agreement because of what has occurred with the situation with Wier. Oliver asked Polasek said the only thing thing the City would not receive if the Council were to approve this agreement are any wastewater utility returns from that area. Mayor asked why the City would give up anything along the 1-35 corridor. Polasek said and Oliver noted he would feel more comfortable if the boundary line was moved to allow more of the 1-35 corridor to stay in Georgetown. Oliver said he would like for the City of Jarrell's ETJ growth to stop where it is now. Berryman asked and Brandenburg said there have been no previous formal agreements with Jarrell at this time. Ross asked and Polasek said, if this happens, the City will not have to split jurisdictions in the future. Polasek said, when the City does not have agreements for property lines, half of a certain property will be in Georgetown and half will be in another City. Motion by Oliver, second by Brainard to instruct staff to negotiate a boundary and limit the area that the City might cede to Jarrell along 1-35 so it does not extend beyond where the ETJ exists now except for small City Council Meeting Minutes/January 13, 2009 Page 6 of 11 Pages adjustments. Approved 6-0 (Sattler absent) W Consideration and possible action to provide staff direction concerning an ETJ Release on certain property north of Ronald Reagan Boulevard for development of a Municipal Utility District -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director, Planning and Development. Polasek reviewed the item and showed Council a map of the area.He said this change will allow the City to have a clean break of those utilities and allow the MUD to operate under one system for permitting and subdivision review as opposed to going to both the County and the City. Motion by Sansing, second by Berryman to approve. Approved 6-0 (Sattler absent) X Consideration and possible action to authorize (1) an Agricultural Lease by Treescape Farms GP, LLC, of 2.56 acres of City -owned property; and (2) a License Agreement for Access by Treescape Farms GP, LLC of 0.14 acres of City -owned property, both tracts of land being out of the old MKT Railroad right-of-way property near its intersection with CR 111 /Westinghouse Road -- Thomas R. Benz, Systems Engineering Director, and Jim Briggs, Assistant City Manager for Utility Operations Benz reviewed the item and said Avery asked for access across the MKT Railroad right-of-way and also requested agriculture use of that land. He noted one of the agreements states, if the City wants to use the land, they have the right to do so with 30 days notice to the landowner. Motion by Berryman, second by Sansing to approve the lease and license agreement. Approved 6-0 (Sattler absent) Y Consideration and possible action regarding a Resolution ordering a General Election on May 9, 2009 to elect City Councilmembers for Districts 1 and 5, and regarding the Contract for Election Services and Joint Election Agreement with the Williamson County Elections Administrator -- Jessica Hamilton, Assistant City Secretary and Patricia E. Carls, City Attorney Carls reviewed the item and said the important Election dates are at the back of the Agreement. She said the estimated election expense is $29,600. Motion by Berryman, second by Oliver to approve the Resolution. Approved 6-0 (Sattler absent) Z Consideration and possible action to approve a resolution to reappoint Patty Eason to the Austin -San Antonio Intermunicipal Commuter Rail District Board -- Mayor George Garver Mayor said Eason has been representating the City on this Board and he is hoping she may continue this responsibility. Motion by Ross, second by Berryman to approve the Resolution and reappointment. Approved 6-0 (Sattler absent) AA Consideration and possible direction to staff to a) identify the amount of available surplus funds from the General Fund and other sources from previous fiscal years; and b) prepare a list of items budgeted in the current fiscal year that qualify for funding with the available surplus funds -- Keith Brainard, Councilmember District 3 Motion by Brainard, second by Berryman for staff to bring Council a listing of the available surplus funds from previous fiscal years and match those up with possible items of expenditure in the current fiscal year's budget. Eason asked and Rundell said this issue will be covered in both a Workshop and as action items. Approved 6-0 (Sattler absent) BB Consideration and possible action to authorize the staff to modify Personnel Policy # 340, removing all references to the International City Management Association Retirement Corporation (ICMA-RC) deferred compensation program -- Keith Brainard, Councilmember District 3 Brandenburg reviewed the current City Personnel Policy related to ICMA. He said it had been suggested in previous meetings to remove references to ICMA since there are other deferred compensation programs available. He went over the proposed modification to the policy. Brainard said the intention of this item was for Council to direct City staff to rebid the contract for administering the 457 deferred compensation plan. Brandenburg said he does not think staff bids this program and added it is a voluntary program that employees can participate in. Rundell said it is considered a professional service and therefore it is exempt from bidding. Brainard asked and Rundell said it has been discussed but she is not sure if they are going to distribute an RFQ for administration of the 457 plan. Brandenburg said Russell would like to have multiple providers for the plan so he would assume Russell would go out and obtain RFQs. He added Russell's current concern is to delete the section of the policy that refers to City Council Meeting Minutes/January 13, 2009 Page 7 of 11 Pages ICMA and then look at the various options for employees. Motion by Brainard, second by Ross to defer this item to the next meeting and direct staff to begin the process of distributing an RFQ for administration of the City's 457 deferred compensation plan. Brainard said he does not understand why the City would want more than one deferred compensation administrator. He noted, the more administrators the City has, the more it will cost employees to participate in the program. Oliver said he does not know if he can support this if the intention is to provide only a single provider. Brainard said the Council does not have to decide tonight to have a single provider. Brainard amended his motion to add that staff remove references to the ICMA in the City's Personnel Policy. Vote on the motion as amended: Approved 6-0 (Sattler absent) Mayor asked and Brainard confirmed his request is to consolidate the administration of the plan and not the options the employees currently enjoy. CC Report from the Council Subcommittee on the City Secretary Recruitment and Hiring Process -- Ben Oliver, Councilmember District 7 Oliver said Council has received a memo and the subcommittee has moved along with the provided schedule. He said interviews have been scheduled for five candidates and the two top candidates will be brought to Council to be interviewed in Executive Session. Ross thanked the committee for the time and effort and added he is in favor of the schedule. Berryman thanked Oliver and Kevin Russell for their participation and help on the committee. Oliver said there will be a special 4:30pm Executive Session with two 30 minute interviews at the next City Council meeting. He said, after the offer is made, final action will not be taken until a background check is made. Sansing said the criteria that was set by the Council has eliminated a candidate that he feels should have been considered. He added he is very dismayed by that decision. DD Consideration and possible action to appoint a Boards and Commissions Council Subcommittee -- Mayor George Garver Mayor said the City is collecting applications for people who would like to participate in the City Boards and Commissions recruitment process. He said the new deadline for application has been extended one week. Mayor appointed Gabe Sansing, Pat Berryman, and Bill Sattler to the Boards and Commissions Council Subcommittee who will review and interview the applications and bring recommended appointments to the the Council. He mentioned a pending suggestion regarding the creation of a standing subcommittee dealing with Finance. He listed the many possible duties of that committee. Rundell said she is excited about the creation of a finance subcommittee. She spoke about the various ways the subcommittee can be involved and added it could be an asset during the budget process. She noted it will promote good communication between staff and Council. Mayor said this is a win/win situation and he hopes this will be seen as a positive attribute. Carls said, in order to set up a Finance Council Subcommittee, a separate item needs to be placed on another agenda. She said all of the standing Boards are done by Ordinance and suggested this item be taken up on at a later date. Mayor said he does not have a problem with this, but he suggested members of the Finance subcommittee include Brainard, Ross, Eason and Sattler. He also mentioned the Complete Count Committee, which will need to be looked at in the future. He added this committee will assist in the taking of the 2010 census. He said it will be a citizen's committee in which each Councimember will appoint one member from each of their districts. He noted the committee will move forward with advising the Council on the redistricting as well as the census data. He said all of these items are pending and will come back to Council at a later date. Brandenburg mentioned GRAB, or Georgetown Recycling Advisory Board. Motion by Oliver, second by Ross to approve the Boards and Commissions appointments. Approved 6-0 (Sattler absent) EE Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve a Master Services Agreement with Inland Geodetics, L.P. of Round Rock, Texas, for professional land surveying services -- Thomas R. Benz P.E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Ross left the dais. Benz explained the item and said this firm solely does surveying work. Motion by Brainard, second by Sansing to approve the agreement. Berryman asked and Benz said that the City is using Georgetown companies for other surveying services, but this firm has some specialties that the other firms do not have. Approved 5-0 (Sattler absent, Ross off the dais) FF Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to approve Task Order No. IG -09-001 with Inland Geodetics, L.P., Round Rock, Texas (IG), for Land Surveying services related to the 2006 Annexation Water and Wastewater City Council Meeting Minutes/January 13, 2009 Page 8 of 11 Pages Improvements for $187,108.00 -- Thomas R. Benz P.E., System Engineering Director and Jim Briggs, Assistant City Manager for Utility Operations Ross returned to the dais. Benz reviewed the item. He said this is related to the 2006 annexation and it helps to determine easements. Motion by Sansing, second by Brainard to approve the task order. Approved 6-0 (Sattler absent) GG Forwarded from the Georgetown Utility System (GUS) Advisory Board: Consideration and possible action to authorize the approval of the annual license renewal and system support of software and hardware repair for the AMR Genesis and MVRS system between the City of Georgetown and Itron Incorporated in the amount of $50,972.48 -- Kenneth Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Arnold reviewed the item and said this is system support for the current AMR and MVRS system. Motion by Sansing, second by Berryman to approve the annual license renewal. Approved 6-0 (Sattler absent) HH 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-of-way clearing services in an amount not to exceed $147,341.50 -- Kenneth Arnold, Energy Services Director and Jim Briggs, Assistant City Manager for Utility Operations Arnold described the item and said this is the fourth renewal of a five year contract. He noted the company has been providing services to the City since 1997. Mayor asked and Arnold said the area covered by this service is broken up into sections. He explained the clearing process. Mayor said and Arnold agreed that this contract, over five years, will encompass the entire City. Motion by Sansing, second by Eason to renew the contract. Sansing and Brainard agreed that the contractors should be reminded that the citizens pay attention to how their trees are treated. Arnold said staff is supportive of the effort to make sure trees are trimmed properly. Ross asked and Arnold said the City holds these contractors to high standards. Sansing said the planning department needs to be considerate of where they plant trees and how it could affect the power lines. Brainard asked and Cook said the City amended the Ordinance dealing the planting of trees under power lines. Approved 6-0 (Sattler absent) II Public Hearing to consider the proposed addition of approximately 129.5274 acres of land (Section 9 Of The Georgetown Village Planned Unit Development Subdivision) To The Georgetown Village Public Improvement District #1 -- Micki Rundell, Director of Finance and Administration and Patricia E. Carls, City Attorney Rundell reviewed the item and said this is a companion item to the Resolution which follows the hearing. Public Hearing was opened at 8:16pm No persons were present to speak Public Hearing was closed at 8:16pm JJ Consideration and possible action to approve a resolution making certain findings in connection with the addition of approximately 129.5274 acres of land, consisting of Section 9 Of The Georgetown Village Planned Unit Development, to the Georgetown Village Public improvement District No. 1, related to the advisability of the improvements, the nature of the improvements, the boundaries of the proposed district, the method of the assessment and the apportionment of cost between the district and the City as a whole -- Micki Rundell, Director of Finance and Administration and Patricia E. Carls, City Attorney Rundell reviewed the item and said this resolution will add 129+ acres to the Georgetown Village PID. Motion by Sansing, second by Berryman to approve the resolution. Approved 6-0 (Sattler absent) KK First Reading of an Ordinance amending the 2007108 Annual Operating Plan Element (budget) due to conditions that resulted in year-end budget variances and appropriating the various amounts thereof -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration Rundell described the item and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Berryman to approve the Ordinance on First Reading. Ross asked and Rundell said all transfers between general funds are signed off on by the City Manager, but Division Directors can approve line item transfers. She said any transfers that go between divisions and funds City Council Meeting Minutes/January 13, 2009 Page 9 of 11 Pages must come before the City Council. Ross asked and Rundell said none of the departments go over budget and, if they do, they must come back to Council. Approved 6-0 (Sattler absent) LL Public Hearing and First Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local Commercial District for 7.94 acres in the San Gabriel Estates, Lots 7 and 8, to be known as Esperanza, located on Williams Drive -- Jordan Maddox, Planner III and Elizabeth Cook, Director, Planning and Development. Maddox reviewed the item and described the area. He said the intent is to look at this as a master plan site similar to a planned unit development within the confines of a C-1 district. He listed what the project will include. Public Hearing was opened at 8:22pm No persons were present to speak. Public Hearing was closed at 8:22pm Sansing asked and Maddox confirmed there are heritage trees that will be affected by this rezoning, but the department has not yet received the tree survey. He added the development is trying to save as many of those trees as possible, and they will have their detention pond in the area. Maddox read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Ross, second by Sansing to approve the Ordinance on first reading. Approved 6-0 (Sattler absent) MM Public Hearing and First Reading of an Ordinance on a Rezoning from AG, Agriculture District to C-1, Local Commercial District for 2.7678 acres and AG, Agriculture District to OF, Office District for 1.6402 acres in the Flores Survey, to be known as M -S Subdivision, Phases 1 and 2, located at the Southwest corner of GR 151 and Inner Loop -- Tommy Garcia, Planner II and Elizabeth Cook, Director, Planning and Development. Garcia reviewed the item and described the site plans for this area. Public Hearing was opened at 8:26pm No persons were present to speak. Public Hearing was closed at 8:26pm Garcia read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Berryman to approve the Ordinance on first reading. Approved 6-0 (Sattler absent) NN First Reading of an Ordinance to rename a portion of West State Highway 29 to West University Avenue, and a portion of East State Highway 29 to East University Avenue, and a portion of County Road 110 to Southwestern Boulevard, and County Road 116 to Rabbit Hill Road in recently annexed areas -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director, Planning and Development. Polasek reviewed the item and spoke about the road which will be renamed by this Ordinance. He said Rabbit Hill Road is the traditional name which has been used for an old road in that area. He said staff conducted a survey of the whole area affected by the naming of the road and the results from the respondents came back at 90% positive. He read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve the Ordinance on First Reading. Berryman asked and Henderson said 60% of the people surveyed were in favor and 20% did not respond. He added, of the responses received, 90% were in favor of the name change. Brainard asked and Henderson said staff surveys the area in this type of situation as a courtesy. Brainard asked and Paul said there is a naming committee that can be involved in these type of projects. Henderson noted that committee mainly deals with naming a road after a person. Vote on the motion: Approved 6-0 (Sattler absent) 00 First Reading of an Ordinance Amending Section 6.50.040(A) (12) of the Code of Ordinances Pertaining to the Regulation of Itinerant Merchants - -Paul E. Brandenburg, City Manager Brandenburg reviewed the item and read only the caption of the Ordinance after having satisfied the requirements of the City Charter. Sansing asked and Brandenburg said this extends the sunset provision deadline. Motion by Sansing, second by Berryman to approve the Ordinance on first reading. Approved 6-0 (Sattler absent) Motion by Oliver, second by Berryman to adjourn. Approved 6-0 (Sattler absent) City Council Meeting Minutes/January 13, 2009 Page 10 of 11 Pages The meeting was adjourned at 08:30 PM. City Council Meeting Minutes/January 13, 2009 Page 11 of 11 Pages Attest: